Agenda packet — Livermore City Council, February 13, 2023 (part 1 of 2)

CITY COUNCIL
AGENDA
MONDAY, FEBRUARY 13, 2023
REGULAR HYBRID MEETING –
7:00 PM

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/89560054369
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 895 6005 4369
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:

Comcast TV Channel 29
tv29.org
John P Marchand, Mayor
Brittni Kiick, Vice Mayor
Ben
Barrientos, Council Member
Evan Branning, Council Member
Robert W Carling, Council Member
Livermore City Council Agenda
February 13, 2023

1 1.

CLOSED SESSION - NONE.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Livermore Airport Annual Update Presented by Airport Commission Chair Adam Bertsch.

Recommendation:

Staff recommends City Council accept the Livermore Airport annual update.

Staff Report

3.2 Proclamation recognizing the project Violins of Hope presented to Larry Lagin of the East Bay Holocaust Education Center.

Recommendation:

Staff recommends the City Council recognize the project Violins of Hope, which exhibits the instruments’ remarkable stories of resilience and survival, and which is brought to the Livermore community by the East Bay Holocaust Education Center.

Staff Report

Attachments:

1. Proclamation

4. OPEN FORUM

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

Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

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

ROLL CALL

Council Member Ben Barrientos
Council Member Evan Branning
Council Member Robert W. Carling
Vice Mayor Brittni Kiick
Mayor John Marchand

PLEDGE OF ALLEGIANCE

Livermore City Council Agenda
February 13, 2023

2 5.

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 card if in person or use the 'raise hand' feature if participating using Zoom. Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

5.1 Approval of draft minutes - January 10, 2023 Special Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. Draft 2023-01-10 Meeting Minutes

5.2 Resolution awarding and authorizing execution of an agreement with Penkor Wrecking, for the demolition of the old Council Chambers and construction of a fence around the perimeter, in an amount not-to-exceed $126,200, for the Police Facility Expansion Phase 1 and Council Chambers Demolition, Project 2000-28.

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Awarding a construction contract to Penkor Wrecking, in an amount not-to-exceed $126,200, for the Police Facility Expansion Phase 1, Council Chambers Demolition, Project 2000-28, and authorizing the City Manager to sign the agreement, attached as Exhibit A to the resolution,
2 .

Rejecting all other bids or proposals, and
3 .

Authorizing 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.

Staff Report

Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Agreement with Penkor Wrecking

5.3 Resolution authorizing execution of an agreement with Gannett Fleming, Inc. to provide construction management services, in the not-to-exceed amount of $952,000, for the Livermore Village Parking Garage (L Street Garage) Construction, Project 586003.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Gannett Fleming, Inc. to provide construction management services in the not-to-exceed amount of $952,000, for the Livermore Village Parking Garage (L Street Garage) Construction, Project 586003.

Livermore City Council Agenda
February 13, 2023

3 Staff Report

Attachments:

1. Site Plan

2. Resolution

3. Exhibit A - Agreement with Gannett Fleming, Inc

5.4 Resolution authorizing a supplemental appropriation in the amount of $3,000,000 to Fiscal Year 2023-24 and awarding and authorizing execution of an agreement with Environmental Systems Inc. of Northern California, for replacing HVAC equipment and building controllers in the Central Plant, Police Department, and City Hall, in an amount not-to-exceed $3,094,000 for the City Hall HVAC & Central Plant Chiller Replacement Project 2018-30.

Recommendation:

Staff recommends the City Council adopt a resolution for the City Hall HVAC & Central Plant Chiller Replacement Project 2018-30:
1 .

Authorizing a supplemental appropriation of $1,200,000 in Fund 740 (Facilities Rehabilitation Program) from FY 2022-23 to FY 2023-24,
2 .

Authorizing a supplemental appropriation of $1,800,000 in Fund 740 (Facilities Rehabilitation Program) for a total of $3,000,000 to FY 2023-24, 3 .

Awarding a construction contract to Environmental Systems Inc. of Northern California, in an amount not-to-exceed $3,094,000, and authorizing the City Manager to sign the agreement,
4 .

Rejecting all other bids or proposals, and
5 .

Authorizing 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.

Staff Report

Attachments:

1. Site Plan

2. Budget Info

3. Resolution

4. Exhibit A - Construction Contract

5.5 Resolution authorizing execution of a purchase order with the Microsoft Store for 250 Microsoft Surface laptops to replace obsolete equipment and migrate City staff to mobile computers in an amount not-to-exceed $650,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing execution of a purchase order with the Microsoft Store for the purchase of Microsoft Surface laptops and related accessories (mice, cables, docking station, laptop bag, etc.) in an amount not-to-exceed $650,000.

Staff Report

Attachments:

1. Microsoft Quote USQ-000114481

Livermore City Council Agenda
February 13, 2023

4 2. Resolution

5.6 Resolution authorizing the acceptance for permanent maintenance and release of the security bonds, and execution of a Notice of Completion for the I-Street Garage, Project 2017-15.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the I-Street Garage Project 2017-15 and authorize the City Manager to sign the Notice of Completion, a copy of which is attached as Exhibit A to the resolution.

Staff Report

Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Notice of Completion

5.7 Resolution authorizing the approval of a grant application, acceptance of grant funds, and authorizing an agreement with the California Department of Fish and Wildlife for the Livermore Habitat Conservation Plan.

Recommendation:

Staff recommends the City Council adopt a resolution approving the filing of a grant application
and accepting grant funds in the amount of
$700,000,
authorizing an agreement
with the California Department of Fish and Wildlife, and authorizing the City Manager or designee to sign all grant documents for the Livermore Habitat Conservation Plan.

Staff Report

Attachments:

1. Award Letter Application

2. Resolution

5.8 Resolution authorizing an increase of an existing 0.5 full-time equivalent (FTE) Horizons' Family Therapist to a 0.75 FTE Family Therapist to provide school-based counseling in designated schools within the Livermore Valley Joint Unified School District (LVJUSD) and funded by LVJUSD.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing an increase of an existing

0.5 full-time equivalent (FTE) Horizons' Family Therapist to a 0.75 FTE Family Therapist to provide school-based counseling in designated schools within the Livermore Valley Joint Unified School District (LVJUSD) and funded by LVJUSD.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Family Therapist job classification

Livermore City Council Agenda
February 13, 2023

5 6.

PUBLIC HEARINGS - NONE.

7. MATTERS FOR CONSIDERATION

7.1 Discussion and direction regarding Planning Commission interview and candidate selection process.

Recommendation:

Staff recommends the City Council review the 14 Planning Commission applications received, select 6 candidates to move forward in the live interview process on March 2, 2023, and appoint a City Council subcommittee to draft interview questions.

Staff Report

Attachments:

1. William Aboumrad

2. Jacob Anderson

3. Erik Bjorklund

4. Carmelita (Mel) Chiong

5. Zachary Consenza

6. Parker Ehret

7. Yolanda Fintschenko

8. Constance Kopps

9. Tracy Kronzak

10. Alan Marling

11. Neal Pann

12. Julie Perea

13. John Stein

14. Asa Strout

15. Livermore Municipal Code 2.55

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

9. ADJOURNMENT

To a Regular City Council meeting on Monday, February 27, 2023 at 7:00 pm, Civic Center 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

Livermore City Council Agenda
February 13, 2023

6 Attachments:

1. Supplemental Materials

10.2 Supplemental materials received at the meeting.

Staff Report

Attachments:

1. Items Received at the Meeting

11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING

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

Open 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
February 13, 2023

7 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/89560054369

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: 895 6005 4369

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://LivermoreCA.gov/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://LivermoreCA.gov/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, Livermore City Council Agenda
February 13, 2023

8 NATIONAL ORIGIN, ANCESTRY, SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN 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
February 13, 2023

9 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1

DATE:

February 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Livermore Airport Annual Update Presented by Airport Commission Chair Adam Bertsch.

RECOMMENDED ACTION

Staff recommends City Council accept the Livermore Airport annual update.

SUMMARY

DISCUSSION

ATTACHMENTS

Prepared by: Michael Musca
Airport Manager

DATE:

February 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Proclamation recognizing the project Violins of Hope presented to Larry Lagin of the East Bay Holocaust Education Center.

RECOMMENDED ACTION

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Stephanie Egidio
Management Analyst

WHEREAS, Violins of Hope is a collection of restored violins that were played by Jewish musicians before or during the Holocaust. These instruments have survived concentration camps, pogroms, and many long journeys to tell remarkable stories of resilience and survival. The instruments have been lovingly restored by master violin makers Amnon Weinstein and his son Avshalom Weinstein in their Tel Aviv, Israel and Istanbul, Turkey workshops; and

WHEREAS, since 2006, these restored instruments have been exhibited and played by leading orchestras and music festivals in Europe and America. A strong component of the project is to exhibit the violins and bring them to schools and other organizations to experience these amazing instruments and their stories; and

WHEREAS, all the instruments have a common denominator: they are symbols of hope and a way to say “remember me, remember us. Life is good, celebrate it for those who perished, for those who survived. For all people.” Violins of Hope is not only a memorial to lost culture and people, it is also an educational act that reaches young students and adults wherever concerts are performed. In January and February 2023, Avshalom Weinstein, violinist Cookie Segelstein and musician Joshua Horowitz will present free concerts at over 35 East Bay middle and high schools, including Livermore schools, with the Violins of Hope; and

WHEREAS, during February 2023, these restored instruments will also be on display and will be played in three concerts at the Bankhead Theater by the Livermore-Amador Symphony orchestra conducted by Lara Webber, with special performances by violinist Lindsay Deutsch, cellist Peter Bedrossian and stories by Violins of Hope co-founder Avshalom Weinstein; and

WHEREAS, every concert brings together people of all faiths and backgrounds and every project is accompanied by an extensive educational program that tells the history of some instruments – such as the violin which was thrown out of a cattle train on the way from France to Auschwitz; the violin that was buried under the snow in Holland; the violins that saved lives of people who played in camp orchestras and survived;

NOW, THEREFORE, the City Council of the City of Livermore thanks the East Bay Holocaust Education Center for bringing Violins of Hope to the Livermore community and sharing with residents the instruments’ remarkable stories of resilience and survival.

12 CITY COUNCIL STAFF REPORT
ITEM NO. 5.1

DATE:

February 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Approval of draft minutes - January 10, 2023 Special Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Draft 2023-01-10 Meeting Minutes

Prepared by: Marie Weber
City Clerk

CITY COUNCIL
JANUARY 10, 2023
________________________________________________________________

SPECIAL WORKSHOP MEETING

1. CALL TO ORDER – The meeting of the City Council was called to order by Mayor Bob Woerner at 6:00 pm, held in person at 1016 S. Livermore Avenue and remotely using Zoom and YouTube.

2. ROLL CALL – Present: Mayor John Marchand and Council Members Evan Branning, and Robert W. Carling

Absent: Vice Mayor Brittni Kiick and Council Member Ben Barrientos

PLEDGE OF ALLEGIANCE

3. SPECIAL MEETING WORKSHOP ITEM

AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL

REGARDING THE SPECIAL MEETING ITEM WILL BE PROVIDED BY THE MAYOR.

3.1 Ratification of Local Emergency
Recommendation: Staff recommends the City Council adopt a resolution ratifying the Director of Emergency Services' Proclamation of Local Emergency.

City Manager Marianna Marysheva presented the staff report.

Mayor Marchand opened the public comment portion of the meeting.

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

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

Resolution 2023-001 ratifying proclamation 23-01 of the director of emergency services concerning the existence of a local emergency, and making teleconferencing determinatons required by government code section 54953

8. ADJOURNMENT – at 6:06 pm to a Regular City Council Meeting on Monday, January 23, 2023 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom. 14 CM/75/38 Minutes MAY 16, 2022
APPROVED:

JOHN MARCHAND, MAYOR
ATTEST:

MARIE WEBER, CITY CLERK
15 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

February 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution awarding and authorizing execution of an agreement with Penkor Wrecking, for the demolition of the old Council Chambers and construction of a fence around the perimeter, in an amount not-to-exceed $126,200, for the Police Facility Expansion Phase 1 and Council Chambers Demolition, Project 2000-28.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:
1 .

Rejecting all other bids or proposals, and
3 .

Authorizing 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.

SUMMARY
The Police Facility Expansion Phase 1, Council Chambers Demolition, Project 2000-28, involves demolishing the old Council Chambers at 3575 Pacific Avenue and constructing a fence around the perimeter of the lot. Attachment 1 shows the site location. Seven bids were received for the project on December 14, 2022. Staff recommends the City Council award and authorize a construction contract with Penkor Wrecking, the lowest responsible and responsive bidder, and authorize the City Manager to sign the agreement.

DISCUSSION
The old City Council Chambers modular building located at 3575 Pacific Avenue has been unoccupied since public meetings moved to the new Civic Center Meeting Hall. The modular building served as the City's Council Chambers for 30 years. This project will demolish the modular building which is at the end of its service life and construct a temporary fence around the perimeter of the lot. 16 On February 9, 2021, City Council reserved the property located at 3575 Pacific Avenue for the Police Department expansion needs as identified in the November 2020 Police Facility Expansion Analysis and Recommendations Report. This report recommends a phased project approach to meeting the critical short and long-term needs for police facilities and identifies the use of the old City Council Chambers site as a prime location to accommodate those needs. The proximity of the site, with direct access to Pacific Avenue, will provide opportunity for the Police Department to meet immediate critical needs as well as to accommodate longer range needs required to provide vital services to the community.

The recommended approach includes initially building a storage garage and tactical vehicle bay near the location of the old Council Chambers. This structure would provide protection for valuable assets such as the mobile command post, motorcycles, and evidence storage. The next phase involves expanding the structure to provide two levels of office space. The final phase involves the addition of dormitories for commuting officers.

Staff advertised the project on November 22, 2022 and opened bids on December 14, 2022. The City received seven bids for the project. The lowest responsible and responsive bid was received from Penkor Wrecking for $126,200. Penkor Wrecking is based in San Lorenzo, CA and has worked on similar demolition projects for the County of Santa Cruz and Portola Valley School District. Staff has checked references for Penkor Wrecking and has found them satisfactory.

The following is a list of bids received and the Engineer's Estimate for the project:

Police Facility Expansion Phase 1, Council Chambers Demolition Project 2000-28 Bid Results Contractor
Location
Bid Amount
Penkor Wrecking
San Lorenzo, CA
$126,200
Central Valley Environmental
Fresno, CA
$143,450
Demolition Services & Grading,
Inc.

Manteca, CA
$149,975
D-Line Constructors, Inc.

Oakland, CA
$150,407
Silverado Contractors, Inc.

Oakland, CA
$165,300
NBC Construction & Engineering,
Inc.

San Francisco
$182,222
Resource Environmental
Cerritos, CA
$267,000
Engineer's Estimate

$104,000

In accordance with Livermore Municipal Code, Section 2.68.560B the City Manager can authorize change orders up to a cumulative amount of $50,000.

FISCAL AND ADMINISTRATIVE IMPACTS

The construction contract award amount is $126,200. Funding for this agreement, change orders, inspections, project management, and other project costs are included in the project budget for the Police Facility Expansion Phase 1, Council Chambers Demolition Project 2000-28 in the FY 2021-23 Capital Improvement Plan, and no additional funding is needed.

The project is funded with LPD-COPS Ahead AB 3229 Grant Fund 603. This demolition project will not increase operation and maintenance costs.
17 The current Capital Improvement Plan only provides funding for the old Council Chambers demolition.

Funding for the Police Facility expansion will be considered as part of future Capital Improvement Programs.

ATTACHMENTS

1. Location Map

2. Resolution

3. Exhibit A - Agreement with Penkor Wrecking

Prepared by: Edward Reyes
Associate Civil Engineer

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
18 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. The City of Livermore is not responsible for misuse or errors or omissions on this map. All information should be confirmed.

Project Location Map
1,200
Information Technologies, GIS Division, City of Livermore 200.0
Legend
1:

NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US Feet0 200.0100.00 Notes
1/12/2023Date Printed:

City Limits
Street Names (0-2500)
Golf Labels
Creeks
Public Facilities 0-4500)
Park Names (0-4500)
School Names (0-4500)
Buildings
ATTACHMENT 1
19 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AWARDING A CONSTRUCTION CONTRACT WITH
PENKOR WRECKING IN AN AMOUNT NOT-TO-EXCEED $126,200
(Police Facility Expansion Phase 1, Council Chambers Demolition Project 2000-28)
The City of Livermore advertised on November 22, 2022, and opened seven bids on December 14, 2022, for Construction of the Police Facility Expansion Phase 1, Council Chambers Demolition, Project 2000-28 ("Project"). The Project involves demolishing the old Council Chambers and constructing a fence around the perimeter.

City staff recommends awarding the Project to Penkor Wrecking, the lowest responsible and responsive bidder for the Project.

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

1. Awards a construction contract to Penkor Wrecking, in an amount not-to- exceed $126,200, for construction of the Police Facility Expansion Phase 1, Council Chambers Demolition, Project 2000-28, and authorizes the City Manager to sign the agreement, attached hereto as Exhibit A and incorporated by this reference;

2. Rejects all other bids or proposals; and

3. 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 February 13, 2023, 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- Construction Contract with Penkor Wrecking
20 EXHIBIT A
21 EXHIBIT A
22 EXHIBIT A
23 EXHIBIT A
24 EXHIBIT A
25 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

February 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of an agreement with Gannett Fleming, Inc. to provide construction management services, in the not-to-exceed amount of $952,000, for the Livermore Village Parking Garage (L Street Garage) Construction, Project 586003.

RECOMMENDED ACTION

SUMMARY
This Professional Services Agreement with Gannett Fleming, Inc. will provide construction management services in connection with the Livermore Village Parking Garage (L Street Garage) Construction, Project 586003. The project involves constructing a 4-level public parking garage with 452 spaces to be located east of L Street, between Veterans Way and First Street.

Services under this agreement include construction management services during construction.

Construction management services include leading weekly meetings, maintaining project documentation, coordinating construction activities, preparing weekly inspection reports, managing submittals, elevator inspections and commissioning, assistance with change orders, project commissioning, and project close-out.

DISCUSSION
On January 30, 2018, the City Council approved the locations for open space, housing, parking and circulation systems, cultural facilities, commercial uses, and a hotel for the Downtown catalyst sites. The approved plan includes additional parking on the northwest side of the existing Livermore Valley Parking Garage located at I Street and Railroad Avenue (I Street Garage) and additional parking at the southwest corner of the Livermore Village Site. City Council directed staff to maintain the existing parking supply during all phases of downtown development and to provide adequate parking for all existing and 26 new development. The new Livermore Village Parking Garage (L Street Garage) will help meet these objectives.

The Planning Commission reviewed the project on August 21, 2018, and determined that it is consistent with the Livermore General Plan and related polices. On September 11, 2018, the City Council approved Downtown Design Review 18-006 for the project subject to the Conditions of Approval and directed staff to file the Notice of Determination.

The City moved forward with constructing the I Street Garage first while the final parcel of property was purchased for the L Street Garage. The I Street Garage was completed in June 2022. New parking in the I Street Garage will replace current parking that will be removed during the construction of the L Street Garage. In this manner, overall parking supply will be maintained.

The L Street Garage Construction, Project 586003, will be constructed in two phases. Phase 1 consists of reconfiguring the surface parking lot east of the future garage, constructing a trash enclosure facility, and installing infrastructure for 16 electrical vehicle fast chargers. Phase 2 will involve constructing the parking garage and the remaining site improvements. The Phase 1 construction contract was awarded by Council on July 11, 2022. Construction of Phase 1 began in July 2022 and is scheduled for completion in March 2023. City Council awarded the Phase 2 construction contract on November 28, 2022. Construction of Phase 2 is scheduled from March 2023 through Fall 2024.

In November 2021, staff issued a Request for Qualifications and Proposals (RFQ/RFP) for construction management services for various Capital Improvement Projects including the L Street Garage. The following four consultants submitted proposals in January 2022: CPM Associates, Inc., Swinterton Management & Consulting, Gannett Fleming, Inc., and 4LEAF Inc. A five-person selection committee reviewed the proposals and decided to interview all four firms. The firms were rated on overall responsiveness, relevant experience and staff qualifications, ability to respond to the City’s needs in a timely manner, and their understanding and approach to the project. CPM Associates Inc. was ranked as the most qualified consultant to provide construction management services for the L Street Parking Garage. Their experienced construction manager proposed for the project was an important part of their selection for the job. Gannett Fleming was ranked a close second based on their experience with major construction projects in the Livermore area.

City Council awarded a $928,000 professional services agreement for construction management services to CPM Associates, Inc. on June 13, 2022. However, in November 2022 CPM Associates, Inc. notified the City that the construction manager proposed for this project during the selection process was not available to manage the L Street Project. Staff subsequently terminated the agreement with CPM Associates, Inc. and began negotiations with the second ranked consultant Gannett Fleming.

Staff negotiated the attached professional services agreement and scope of work with Gannett Fleming in the not-to-exceed amount of $952,000. The scope of work for this agreement includes 40 hours per week, full-time construction management services during the Phase 2 construction. The contract amount is slightly more than the prior CPM Associates contract because elevator inspections and commissioning services were added to the Gannett Fleming Agreement.

Construction management services include the following:

Lead job-site meetings
27 Maintain project documentation
Review and analyze the contractor's schedule
Coordinate construction activities
Oversee inspections
Prepare weekly inspection reports
Manage submittals and requests of information
Identify problems and assist with change orders
Provide elevator inspections and commission services
Assist with commissioning and project close-out

The $952,000 contract amount is approximately 3.2% of the $30,090,000 construction contract. This is within the typical range for construction management services.

FISCAL AND ADMINISTRATIVE IMPACTS

On September 12, 2022, the City Council approved the issuance of up to $47 million in bonds (2022 COP Debt Construction Fund 320) for the L Street Parking Garage construction, Project 586003, and some other associated downtown projects. Based on the construction bids received, the total amount of the bonds will be $41,060,000. Council approved the following fiscal year expenditures from Fund 320 for the L Street Garage Project when the construction contract was awarded on November 28, 2022:
$11.7 Million in Fiscal Year 2022-23 and $26.7 Million in Fiscal Year 2023-24. The current budget allocation is sufficient to cover the cost of this professional services agreement, and all other project costs including Phase 1 construction, Phase 2 construction, change order allowances, design, inspection, materials testing, construction management, project management, and building permit fees.

ATTACHMENTS

1. Site Plan

2. Resolution

3. Exhibit A - Agreement with Gannett Fleming, Inc

Prepared by: Joel Waxdeck
Assistant City Engineer

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH GANNETT FLEMING, INC. TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES IN AN AMOUNT NOT-TO-EXCEED $952,000
(Livermore Village Parking Garage Construction, Project No.586003) The Engineering Division requires a consultant to provide construction management services for the Livermore Village Parking Garage (L Street Garage) Construction, Project No. 586003. The project involves the construction of a four level, 452 space parking garage, and other site improvements, at the Livermore Village Site.

This Professional Services Agreement with Gannett Fleming, Inc., in an amount not-to- exceed $952,000, covers this required work.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the City Manager is authorized to execute a Professional Services Agreement with Gannett Fleming, Inc., attached hereto as Exhibit A, in an amount not-to- exceed $952,000, to provide construction management services for the Livermore Village Parking Garage Construction Project.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on February 13, 2023, 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 Gannett Fleming, Inc.
30 Professional Services Agreement Page 1
Rev. 09.2021

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 20 , by and between the City of Livermore (“City”), a municipal corporation, and Gannett Fleming, Inc. (“Consultant”), a Delaware corporation.

RE
CITALS
C
ity requires professional services to provide construction management services for the Livermore Village Parking Garage Construction Project 586003.

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 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”):

P
rovide construction mangement services for the Lviermore Village Parking Garage Construction Project 586003.

4. Consultant’s Responsibilities. Consultant shall:
(
a) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;
(b) P
rovide the resources necessary to complete the Services in a timely manner;
(
c) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
DocuSign Envelope ID: 68CE945E-E5AF-4B21-A896-3D24131FD412

EXHIBIT A
31 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) Co
mply with all laws in effect that are related to Consultant and the Services;
(f
) Coordinate the Services with Edward Reyes (“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 relate d 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)
Prepare and submit a written report to the Project Manager, within 3 business-days of the Project Manager’s written request, that identifies 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 correction 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 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, DocuSign Envelope ID: 68CE945E-E5AF-4B21-A896-3D24131FD412

EXHIBIT A
32 Professional Services Agreement Page 3
Rev. 09.2021

(m) 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. Compensation and Payment.

(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $ 952,000 ( "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 February 14, 20 23, and terminates upon the completion of the Services or December 31, 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.

10. Confidentiality. Consultant shall not disclose any confidential or proprietary information received from City to anyone except Consultant’s employees who require DocuSign Envelope ID: 68CE945E-E5AF-4B21-A896-3D24131FD412

EXHIBIT A
33 Professional Services Agreement Page 4
Rev. 09.2021
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 assumption of Consultant’s responsibility or liability by City for any defect or error in the Services.

DocuSign Envelope ID: 68CE945E-E5AF-4B21-A896-3D24131FD412

EXHIBIT A
34 Professional Services Agreement Page 5
Rev. 09.2021

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.

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:

DocuSign Envelope ID: 68CE945E-E5AF-4B21-A896-3D24131FD412

EXHIBIT A
35 Professional Services Agreement Page 6
Rev. 09.2021
TO CI
TY: Attention: City Engineer
Cc: Project Manager
City of Livermore
1052 S Livermore Avenue
Livermore, California 94550
TO CO
NSULTANT: Attention: Rany Chek, Vice President
Gannett Fleming, Inc.
155 Grand Avenue, Suite 504
Oakland, CA 94612

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 t he 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.
********************************************
*************************************************
Signa
tures and Attachment List on the Next Page
DocuSign Envelope ID: 68CE945E-E5AF-4B21-A896-3D24131FD412

EXHIBIT A
36 Professional Services Agreement Page 7
Rev. 09.2021
In c
oncurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date first written above.

CONS
ULTANT: Dated:
______
______________________ ___________________________
By: Rany Chek
Title: Vice President
CIT
Y OF LIVERMORE: Dated:
______
______________________ ____________________________
Marianna Marysheva
City Manager
APPRO
VED AS TO FORM:
______
_____________________
Assistant/City Attorney
APPRO
VED AS TO INSURANCE:
______
_________________
Risk Manager/Analyst
Atta
chments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
DocuSign Envelope ID: 68CE945E-E5AF-4B21-A896-3D24131FD412 1/11/2023 | 9:37 AM PST

EXHIBIT A
37 No
vember 28, 2022
Exh
ibit "A" - Scope of Services
Livermore Village Parking Garage Construction Project 5860033/15/22 Construction Management Services
Project Scope of Work:

This Project will be performed in two phases. In general, Phase 1 is for the Trash Facility and Phase 2 is for the Parking Structure.

The Livermore Village Parking Garage Construction Project will be constructed in two phases.

Phase 1 consists of constructing a surface lot and trash enclosure east of the garage. Phase 1 work is managed by the City. Gannett Fleming, Inc. will provide full-time Construction Manager for Phase 2, which consists of constructing a 4-level parking garage with around 455 spaces and associated site improvements. Site improvements include building a new pedestrian pathway, additional surface parking, and repairs to Veteran's Way.

Co
nsultant Scope of Services

1. PROJECT COORDINATION
Gannett Fleming, Inc. will provide, but not be limited to, the follow project coordination services:

1.1 Assist City staff in all phases with Project coordination.

1.2 Assist with the establishment, implementation, and modification of Project administrative procedures.

1.3 Coordinate, lead, and document appropriate weekly Project meetings throughout each phase of the Project lifecycle.

1.4 Coordinate any hazardous material survey, reporting and abatements work to manage City compliance with appropriate entities.

2. DOCUMENT CONTROL SERVICES
Gannett Fleming, Inc. will provide, but not be limited to, the following document control services:

2.1 Maintain all Project documentation in an integrated, accessible electronic format.

2.2 Maintain status logs of Project documents such as design activities and status, requests for information, submittals, substitution requests, etc.

DocuSign Envelope ID: 68CE945E-E5AF-4B21-A896-3D24131FD412

EXHIBIT A
38 Exhibit "A" - Scope of Services
Livermore Village Parking Garage Construction Project 5860033/15/22 Construction Management Services

3. CONSTRUCTION MANAGEMENT

3.1 Provide procurement support, management, administration, and oversight of construction contract.

3.2 Perform as the Construction Manager during the entire Project lifecycle. At a minimum, Gannett Fleming, Inc. will provide the following construction management services:
• Enforce the Co ntractor’s project specific Health and Safety Program. • R eview construction documents for constructability and consistency wi
th the Project schedule.
• Review construction work and phasing plans and make
re
commendations to minimize disruptions.
• Review Contractor’s Construction Schedules (baseline, monthly u
pdates, and three-week lookaheads) and notify Client of any discrepancies or areas of concern.
• Oversee const ruction activities and that they are properly coordinated with all necessary personnel, including City and any other affected parties.
• Review construction qu ality assurance/quality control plans. • Manage on-sit e observation of City provided third party inspection of the progress and quality of the construction work including quality assurance and code compliance oversight.
• Oversee and co ordinate that the Construction Contractor has scheduled all formal code inspections with the appropriate City of Livermore and state agencies once a pre- in
spection has been performed by the
Construction Contractor. Prior to the formal inspection, the pre- inspection shall confirm that all contract and code requirements. • Coordinate with specialty inspection firm.

DocuSign Envelope ID: 68CE945E-E5AF-4B21-A896-3D24131FD412

EXHIBIT A
39 Exhibit "A" - Scope of Services
Livermore Village Parking Garage Construction Project 5860033/15/22 Construction Management Services
• Monitor environmental in spection for Construction Contractor's compliance with environmental regulations.
• Examine materials and equipment being incorporated in to the work to verify that they are supported by approved submittals, handled, stored, and installed properly.
• Manage and coordinate rev iew with design engineer the submission of samples, shop drawings, Operation and Maintenance manuals, and other submittals from Construction Contractor for contract and code compliance.
• Identify problems encountered in accomplishing the construction work and recommend appropriate action to the City in order to resolve problems with a minimum effect on the timely completion of the Project.
• Maintain a log of any Requests for Information and manage responses for approval by City and/or Engineer-of-Record. • Review Contractors Monthly Pr ogress Payment requests for accuracy and recommend approval.
• Review Construction Contractor reports, as-bu ilt drawings, and other construction documentation and verify information is appropriately captured.
• Coordinate job si te meetings and prepare meeting minutes. • Administer the ev aluation, prepare independent cost estimates, time impact analysis, and negotiation of change orders, prepare and process change orders for City approval, and maintain a Change Order log. • Work with City on project Commissioning, as needed.
• Project Closeout to include preparin g and overseeing completion of project punch list by construction contractor, as-builts, and final progress payment.

DocuSign Envelope ID: 68CE945E-E5AF-4B21-A896-3D24131FD412

EXHIBIT A
40 Exhibit "A" - Scope of Services
Livermore Village Parking Garage Construction Project 5860033/15/22 Construction Management Services

4. As-Directed Services

4.1 Gannett Fleming, Inc. shall provide as-directed services to the City A budget allowance of $70,000.00 has been included. Any use of this budget allowance shall require written authorization from the City that includes scope of as-directed services and an agreed upon Not-To-Exceed limit. As-Directed services could include the following services:
• Review project plans for completeness and clarity, and for coordination of p
lans, specifications and cost estimate, and for any omission of scope. • Review project specif ications for completeness of items of work and with corresponding bid items and consistency with the plans. Identify any project components that has to be completed prior to award of construction contract such as third-party utility relocation, right of way acquisition or easement agreements, encroachment permits. • Review project cost estimate for complet eness of bid items and consistency with the plans and specifications; review bid quantity and measurement and payment; identify bid items with final pay quantities, identify items with long lead time or items not available or not readily available in the industry; propose alternatives, etc.
• Review project sc hedule for sequence of work, coordination of work and identify construction impacts and identify critical path items and provide recommendations on construction durations, etc.
• Technical Reviews:
• H
ydrology/Hydra ulic studies and Drainage design
• Stormwater Pollutio n Prevention Plan (SWPPP)
• Hydromodi fication and St ormwater Treatment (C.3)
• Structural c alculations
• Geotechnical reports
• Traffic s tu dies, etc.
• Review of environmental stud ies and environmental documents, regulatory permits.
• Re view of right of way and easem ents
• Review of ADA compliance
• Perform feasibility studies and cost to benefits analysis • Prepare conceptual designs and alternatives
• Assist with funding applications
DocuSign Envelope ID: 68CE945E-E5AF-4B21-A896-3D24131FD412

EXHIBIT A
41 City of Livermore
Cost of Construction Management Services-LIVERMORE VILLAGE PARKING GARAGE PROJECT & LIVERMORE VILLAGE TRASH ENCLOSURE November 28, 2022 (Rev. 4) Project Schedule 2022
Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Calendar days 31 31 28 31 30 31 30 31 31 30 31 30 31 31 28 31 30 31 30 31 31 30 31 30 31 Estimated NTP (CM Services): February 1, 2023 Work days 21 21 20 23 21 22 22 20 23 21 21 20 21 21 20 23 21 22 22 20 23 21 21 20 21 Estimated Completion: July 31, 2024 Task 1: Pre-Construction 18 months
Task 2: Construction 228 252 224 232 232 216 240 224 224 216 224 224 216 240 224 136 136 136 Task 3: Post-Construction 124 Estimated Person-Hours: 3,948 Position Name Actual Loaded Dec Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Hours Totals Task 1: Pre-Construction
Project Manager Maurice El Hage, PE 128.00$ 342.76$ 0 Construction Manager/RE Clint Pittman 80.00$ 214.22$ 0 Construction Inspector No. 1- (Contingency for Concurrent Operations Coverage)** Tracy Steverson 85.00$ 227.61$ 0 Office Engineer/Document Control Maryanne Martinez 58.00$ 155.31$ 0 Part Time Scheduler James Gallego 95.00$ 254.39$ 0 Elevator Inspector (VTX, a GF Compamy) TBD 85.00$ 227.61$ As-Directed Services
SUBTOTAL: LABOR -$
Subconsultant: 0 -$
Subconsultant: -$
SUBTOTAL: SUBCONSULTANTS -$
SUBTOTAL Task 1: Pre-Construction: -$
Task 2: Construction
Resident Engineer/ Construction Inspector Maurice El Hage, PE 128.00$ 342.76$ 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 144 49,357.44$ Construction Manager/RE Clint Pittman 80.00$ 214.22$ 160 184 168 176 176 160 184 168 168 160 168 168 160 184 168 80 80 80 2792 598,102.24$ Construction Inspector No. 1- (Contingency for Concurrent Operations Coverage)** Tracy Steverson 85.00$ 227.61$ 0 Office Engineer/Document Control Maryanne Martinez 58.00$ 155.31$ 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 720 111,823. 20$
Part Time Scheduler James Gallego 95.00$ 254.39$ 20 20 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 168 42,737. 52$
Elevator Inspector (VTX, a GF Compamy) TBD 85.00$ 227.61$ 16 16 16 48 10,925.28$ As-Directed Services 70,000.00$
SUBTOTAL: LABOR 882,945.68$
Subconsultant: 0 -$ $0.00 0 -$
Subconsultant: $0.00 -$
SUBTOTAL: SUBCONSULTANTS -$
SUBTOTAL Task 2: Construction: 882,945.68$
Task 3: Post-Construction
Resident Engineer/ Construction Inspector Maurice El Hage, PE 128.00$ 342.76$ 4 4 1,371.04$ Construction Manager/RE Clint Pittman 80.00$ 214.22$ 80 80 17,137.60$ Construction Inspector No. 1- (Contingency for Concurrent Operations Coverage)** Tracy Steverson 85.00$ 227.61$ 0 Office Engineer/Document Control Maryanne Martinez 58.00$ 155.31$ 40 40 6,212.40$ Part Time Scheduler James Gallego 95.00$ 254.39$ 0 Elevator Inspector (VTX, a GF Compamy) TBD 85.00$
As-Directed Services
SUBTOTAL: LABOR 24,721.04$
Subconsultant: 0 -$ $0.00 0 -$
Subconsultant: $0.00 -$
SUBTOTAL: SUBCONSULTANTS -$
SUBTOTAL Task 3: Post-Construction: 24,721.04$
ODCs
Vehicles (Each per month) $957.00 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 19 18,183.00$ Procore-Document Control System $500.00 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 19 9,500.00$ Overtime Contingency -$ 0 6,000.00$
Per Diem/Travel/rental car (for VTX) 10,650.00$
SUBTOTAL: ODCs 44,333.00$
SUBTOTAL ODCs: 44,333.00$
TOTAL OF CONTRACT 952,000$
Notes and Assumptions:
• Fees are based on estimated 18 month project duration with professional services NTP anticipated December 15, 2022. • Should the actual schedule require more or less professional services than proposed adjustments to this estimate may be required. • Above rates are straight-time rates. Overtime, rain, holidays and potential time extensions or delays may result in additional professional services. - Night work and Overtime will be billed at a pro-rata adjusted rate. * Denotes employees/classifications that are subject to prevailing wage. • This estimate is based on specific scope of work assumptions.

Rany Chek, PE, QSD
• Client will be billed only for hours worked. Construction Services West - California and Northwest Regional Leader • Overtime billed in accordance with State and Federal Law. • Wages for inspection subject to Calif. Labor Code Section 1772. * Inspector Rates, if needed, are based on current DIR Prevailing Wage Determination. ** Construction Inspector No. 1 as backup (as-needed). Proposing as Contingency for Complete Project Coverage of Concurrent Contractor Operations. 2023 2024
DocuSign Envelope ID: 68CE945E-E5AF-4B21-A896-3D24131FD412

EXHIBIT A
42 Revised 5/16/22 B11 – 5M E&O (Gannett Fleming)

Page 1 ends

EXHIBIT B
INS

URANCE REQUIREMENTS
Mi
nimum 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/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.

De
ductibles 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.

Accep
tability 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.

Ot
her 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 DocuSign Envelope ID: 68CE945E-E5AF-4B21-A896-3D24131FD412

EXHIBIT A
43 Revised 5/16/22 B11 – 5M E&O (Gannett Fleming)

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 Ve
rification 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.

DocuSign Envelope ID: 68CE945E-E5AF-4B21-A896-3D24131FD412

EXHIBIT A
44 CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

February 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing a supplemental appropriation in the amount of $3,000,000 to Fiscal Year 2023-24 and awarding and authorizing execution of an agreement with Environmental Systems Inc. of Northern California, for replacing HVAC equipment and building controllers in the Central Plant, Police Department, and City Hall, in an amount not-to-exceed $3,094,000 for the City Hall HVAC & Central Plant Chiller Replacement Project 2018-30.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution for the City Hall HVAC & Central Plant Chiller Replacement Project 2018-30:
1 .

Authorizing a supplemental appropriation of $1,200,000 in Fund 740 (Facilities Rehabilitation Program) from FY 2022-23 to FY 2023-24,
2 .

Authorizing a supplemental appropriation of $1,800,000 in Fund 740 (Facilities Rehabilitation Program) for a total of $3,000,000 to FY 2023-24,
3 .

Awarding a construction contract to Environmental Systems Inc. of Northern California, in an amount not-to-exceed $3,094,000, and authorizing the City Manager to sign the agreement, 4 .

Rejecting all other bids or proposals, and
5 .

Authorizing 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.

SUMMARY
The City Hall HVAC & Central Plant Chiller Replacement Project includes replacing two main chillers and three boilers and associated supporting equipment located in the equipment room at the back of the Police Department (Central Plant). The project also includes replacing Police Department pneumatic controls to digital direct controls, upgrading the existing HVAC control systems and supporting equipment in City Hall to a digital direct controls system, and upgrading controls to include carbon dioxide monitoring in both the Police Department and City Hall. 45 Five bids were received for the project on December 6, 2022. Staff recommends the City Council award and authorize a construction contract with Environmental Systems Inc. of Northern California, the lowest responsible and responsive bidder, and authorize the City Manager to sign the agreement. Staff also recommends the City Council authorize supplemental appropriations in the total amount of $3,000,000 from Fund 740 (Facilities Rehabilitation Program) to Fiscal Year 2023-24 to coincide with anticipated construction expenditures to fully fund the project.

DISCUSSION
Both the City Hall and Police Department buildings are heated by a system of boilers and pumps and cooled by a cooling tower and chillers known as the Central Plant, located behind the Police Department building. Hot and cool water is pumped through an underground looped pipe system to both buildings, while temperature control is managed by a series of heat exchangers and temperature-controlled thermostats. The heating and cooling system has been in place since the buildings were constructed approximately 25 years ago. Major portions of both systems are at the end of their useful lives and experience periodic failures and excessive maintenance costs. Not only is it costly to continue to support these systems, but it is also becoming increasingly difficult to obtain certain parts to repair them due to the obsolescence of critical parts. Both systems are also past their prime in terms of efficiency and the quality of air that they deliver to building occupants. Current technology utilizes carbon dioxide-controlled monitoring to ensure a healthy mix of fresh air along with temperature control. Cleaner air is important to providing a safe and comfortable working environment for building occupants and can help to reduce the spread of COVID -19 or other airborne illnesses. An updated HVAC system will also result in better internal air quality during fire season and on critical smog alert days.

The consultant for the project (Barry & Wynn Architects) prepared a study of the existing heating and cooling systems for the Police Department and City Hall and concluded that the highest priorities for repairs were to replace the two main chillers and three boilers and associated supporting equipment located in the Central Plant. The contract documents also included upgrades to the Police 911 office and main IT room, upgrading Police Department pneumatic controls to a digital direct control system, upgrading the existing HVAC control systems and supporting equipment in City Hall to a digital direct control system, and upgrading controls to include carbon dioxide monitoring in both the Police Department and City Hall. Completion of the improvements will also allow city staff to have remote monitoring of the HVAC system at both City Hall and the Police Department.

Staff advertised the project on October 25, 2022 and opened bids on December 6, 2022. The City received five bids for the project. The lowest responsible and responsive bid was received from Environmental Systems Inc. of Northern California for $3,094,000. Environmental Systems Inc. of Northern California is based in Santa Clara, CA and has worked on similar projects for the County of Santa Clara, Gavilan Joint Community College District, and Franklin McKinley School District. Staff has checked references for Environmental Systems Inc. of Northern California and has found them satisfactory.

The following is a list of the bids received and the Engineer’s Estimate for the project.

City Hall HVAC & Central Plant Chiller Replacement Project 2018-30 - Bid Results Contractor
Location
Bid Amount
46 Environmental Systems Inc. of
Northern California
Santa Clara
$3,094,000
Bobo Construction Inc.

Elk Grove
$3,894,000
Overaa & Company
Richmond
$3,896,000
S&H Construction Inc.

Fremont
$4,998,600
Diede Construction
Lodi
$5,862,000
Engineer's Estimate

$4,350,000

In accordance with Livermore Municipal Code Section 2.68.560, Change Order authorization of 10% of the contract value is allowed.

FISCAL AND ADMINISTRATIVE IMPACTS

Funding for this project is included in the FY 2021-23 Capital Improvement Plan budget for the City Hall HVAC & Central Plant Chiller Replacement Project No. 2018-30. As shown in Attachment 2, there is currently $2,500,000 of Fund 740 (Facilities Rehabilitation Program) budgeted for this project in Fiscal Year 2022-23. Staff recommends reducing the budget by $1,200,000 to match estimated expenditures of $1,300,000 in Fiscal Year 2022-23. Staff recommends moving this $1,200,000 to Fiscal Year 2023-24 along with an additional appropriation of $1,800,000 from Fund 740 so that the total budget in Fiscal Year 2023-24 is $3,000,000. Together these proposed budget amounts in Fiscal Years 2022-23 and 2023-24 will fund this $3,094,000 construction agreement and all other project costs such as change order allowances, design, inspection, materials testing, construction management, project management, building controller software and hardware installation and building permit fees. Attachment 2 provides a breakdown on these expenses.

This equipment replacement and upgrade project will decrease annual operation and maintenance costs.

ATTACHMENTS

1. Site Plan

2. Budget Info

3. Resolution

4. Exhibit A - Construction Contract

Prepared by: Joel Waxdeck
Assistant City Engineer

CITY OF

COMMUNITY DEVELOPMENT DEPARTMENT - ENGINEERING DIVISION

A L I F O R N I AC

CITY OF LIVERMORE

CITY HALL HVAC & CENTRAL PLANT CHILLER

REPLACEMENT

OVERALL SITE PLAN
040 80 20 10
N

CENTRAL PLANT
(2) CHILLERS
(3) BOILERS
AND SUPPORTING EQUIP.

POLICE FACILITY
911 EMERGENCY DISPATCH (4) MINI-SPLIT UNITS
PD IT SERVER ROOM (2) MINI-SPLIT UNITS

MINI-SPLIT COMPRESSORS LOCATED AT ROOF
CITY HALL HVAC CONTROL SYSTEM UPGRADES.

REPLACEMENT OF CONTROL PANELS, SENSORS,
THERMOSTATS, AND INSTALLATION OF NEW CO2 SENSORS
AHU-6 HVAC CONTROL PANEL REPLACEMENT
AHU-4 & 5 HVAC CONTROL PANEL REPLACEMENT
AHU-1 HVAC CONTROL PANEL REPLACEMENT
AHU-2 HVAC CONTROL PANEL REPLACEMENT
AHU-3 HVAC CONTROL PANEL REPLACEMENT

HVAC CONTROL UPGRADE FROM
PNEUMATIC TO DDC AND NEW CO2 SENSORS
THROUGHOUT THE ENTIRE POLICE FACILITY.

CITY HALL
AHU-1 HVAC CONTROL PANEL REPLACEMENT
AHU-3 HVAC CONTROL PANEL REPLACEMENT
AHU-2 HVAC CONTROL PANEL REPLACEMENT
AHU-4 HVAC CONTROL PANEL REPLACEMENT
ATTACHMENT 1
48 Fund FY 2022-23 FY 2023-24 Total
Existing Budget 740 $2,500,000 $0 $2,500,000
Proposed Budget 740 $1,300,000 $3,000,000 $4,300,000
Adjustment 740 -$1,200,000 $3,000,000 $1,800,000
Budget Items in FY 2022-23 and FY 2023-24
Construction Contract $3,094,000
Change Orders 10% $309,000
Final Design $80,000
Construction Engineering $170,000
Inspections $240,000
Construction Management $190,000
Siemens Software Installation $150,000
City Material $50,000
Building Permit $10,000
Miscellaneous $7,000
Total $4,300,000
City Hall HVAC & Cenetral Plant Chiller Replacement Project 2018-30 Budget Information
ATTACHMENT 2
49 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $3,000,000, AWARDING A CONSTRUCTION CONTRACT WITH ENVIRONMENTAL SYSTEMS, INC. OF NORTHERN CALIFORNIA IN AN AMOUNT NOT-TO-EXCEED $3,094,000 FOR THE CITY HALL HVAC & CENTRAL PLANT CHILLER REPLACEMENT PROJECT NO. 2018-30
(City Hall HVAC & Central Plant Chiller Replacement, Project No. 2018-30) The City Hall HVAC & Central Plant Chiller Replacement Project includes replacing the two main chillers and three boilers and associated supporting equipment located in the Central Plant behind the Police Department building. The project also includes the addition of mini-split units to the Police 911 office and main IT room, upgrading Police Department pneumatic controls to a digital direct controls (DDC) system, upgrading the existing HVAC control systems and supporting equipment in City Hall to a DDC system, and upgrading controls to include CO2 monitoring in both the Police Department and City Hall. Completion of the improvements will also allow city staff to have remote monitoring of the HVAC system at both City Hall and the Police Department.

Five bids for the City Hall HVAC & Central Plant Chiller Replacement Project were received on December 6, 2022.

After a thorough review of all bid submittals by the five bidders, staff recommends the City Council award and authorize a construction contract with Environmental Systems, Inc. of Northern California, which has been determined to be the lowest responsible and responsive bidder, and authorize the City Manager to sign the agreement.

It is recommended that the City Council authorize supplemental appropriations in the amount of $3,000,000 from Fund 740 (Facilities Rehabilitation Program) to Fiscal Year 2023-24 to coincide with anticipated construction expenditures and to fully fund the project.

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

1. Authorizes a supplemental appropriation of $1,200,000 in Fund 740 (Facilities Rehabilitation Program) from Fiscal Year 2022-23 to Fiscal Year 2023-24 for the City Hall HVAC & Central Plant Chiller Replacement Project 2018-30.

2. Authorizes a supplemental appropriation of $1,800,000 in Fund 740 (Facilities Rehabilitation Program) to Fiscal Year 2023-24 for the City Hall HVAC & Central Plant Chiller Replacement Project No. 2018-30.
50 RESOLUTION NO. ________

3. Awards a construction contract to Environmental Systems, Inc. of Northern California in an amount not-to-exceed $3,094,000 for the City Hall HVAC & Central Plant Chiller Replacement Project 2018-30, and authorizes the City Manager to sign the agreement, attached hereto as Exhibit A and incorporated by this reference.

4. Rejects all other bids or proposals; and

5. 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 February 13, 2023, 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 – Construction Contract with Environmental Systems, Inc. of Northern California 51 52
53 54
55 56

CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

February 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution authorizing execution of a purchase order with the Microsoft Store for 250 Microsoft Surface laptops to replace obsolete equipment and migrate City staff to mobile computers in an amount not-to-exceed $650,000.

RECOMMENDED ACTION

SUMMARY
City staff computers are 5 – 10 years old and are running an obsolete operating system which cannot be upgraded to the latest Microsoft solution. City staff will migrate to the Microsoft Surface laptops to provide mobile computers and related accessories (mice, cables, docking station, laptop bag, etc.) to all staff. The total cost for this project is not-to-exceed $650,000 to replace 250 staff computers.

DISCUSSION
Current City staff computers are 5 – 10 years old and run on an obsolete operating system. Due to the hardware age, staff cannot upgrade these devices to the latest Microsoft solution. City staff will migrate to the Microsoft Surface mobile platform to provide all staff with a portable computer and peripherals.

City staff selected the Microsoft Store to provide the hardware through the National Association of State Procurement Officials (NASPO) agreement.

The NASPO agreement is a competitively bid contract that meets the City's purchasing guidelines. The total cost for this project is not-to-exceed $650,000. This price includes the hardware (laptop, mouse, cables, docking station, laptop bag, etc.) to replace 250 staff computers. This upgrade supports the City Council's Modernization, Training, and Workplace Enhancements priority (from FY 2021-23) by mobilizing the workforce and providing a platform that can run modern operating systems effectively and without the compatibility issues the City has with existing devices.

57 The Microsoft Surface platform includes lightweight and powerful laptops well integrated into the Microsoft 365 Enterprise Management Platform (M365). The City has invested significant time into building this platform to manage and maintain the City's M365 enterprise environment. This acquisition enhances our return on investment by eliminating the need for additional management tools if working with other hardware vendors.

The Microsoft Store is the direct reseller of Microsoft technology solutions. The City engages with resellers who commit to using the City's preferred purchasing contracts, such as the NASPO agreement.

In this case, the vendor provides pricing per the published NASPO state contract price schedule already accepted by the City's purchasing policy. Therefore, staff recommends purchasing Microsoft laptops and related accessories from the Microsoft Store.

FISCAL AND ADMINISTRATIVE IMPACT

The not-to-exceed amount to purchase the City's new Microsoft laptops and related accessories is $650,000. This purchase includes 250 laptops, docking stations, keyboards, and four years of hardware support and warranty coverage. All costs associated with the proposed acquisition will be covered by the City's General Fund and are included in the current Information Technology Division's budget.

There are no ongoing maintenance costs, and the equipment has a life span of 4 – 5 years.

ATTACHMENTS

1. Microsoft Quote USQ-000114481

2. Resolution

Prepared by: Steve Rodriguez
Assistant Administrative Services
Director

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
58 QTY PRODUCT NAME SKU MSRP DISCOUNT UNIT PRICE LINE TAX LINE TOTAL 1 Microsoft Surface Studio 2+
WIN 11 Comm. - (i7/32GB/1TB)
SBG-00001 $4,499.99 $180.00 $4,319.9900 $442.80 $4,762.79 1 Microsoft MS Extended
Hardware Service Plus Srfc
Studio US 3
NRI-00029 $549.00 $27.45 $521.5500 $0.00 $521.55
120 Microsoft Surface Pro 9 WIN 11
Comm. - (i7c/16GB/512GB)
Grap
QIY-00017 $1,999.99 $300.00 $1,699.9915 $20,909.87 $224,908.85 120 Microsoft Surface Pro
Signature Keyboard - Black -
Comm.
8XB-00001 $179.99 $36.00 $143.9920 $1,771.13 $19,050.17 120 MS Complete for Business
w/ADH Srfc Pro US/CA 3Y from
Purcha
A9W-00005 $249.00 $50.00 $199.0000 $0.00 $23,880.00
100 Microsoft Surface Laptop 5 15"
- WIN 11 Comm. - (i7/16GB/51
RIQ-00001 $1,899.99 $285.00 $1,614.9915 $16,553.69 $178,052.84 100 MS Complete for Business Plus
w/ADH Srfc Laptop3/4/5 US 3Y
f
F9W-00162 $299.00 $14.95 $284.0500 $0.00 $28,405.00
20 Microsoft
SrfcPro95GSQ3/16/512 CM
Win11 SC EN/XD/ES US Hdwr
RZ1-00001 $1,999.99 $260.00 $1,739.9910 $3,566.99 $38,366.81 20 Microsoft Surface Pro
Signature Keyboard - Platinum
- Comm.
8XB-00061 $179.99 $36.00 $143.9920 $295.19 $3,175.03
20 MS Complete for Business Plus
w/ADH Srfc Pro7+/8/9/X US 3Y
f
F9W-00158 $299.00 $60.00 $239.0000 $0.00 $4,780.00
NASPO Quote
USQ-000114481
1/26/2023
4/1/2023EFFECTIVE TO:

EFFECTIVE FROM:

Comments: Base+DR+BidGrid+Essentials
DR/SP Case CAS-539783-G0P6S5
NASPO - MNWNC-119
Microsoft Store
One Microsoft Way
Redmond, WA 98052
USA
City of LivermoreCompany Name:

Account Number:

Contact Email:

Phone:

USA-0003248317
[email protected]
925-960-4070
Authorized buyer: Steve Rodriguez
Customer PO #
Bill to:

City of Livermore
1052 South Livermore Avenue
Livermore, CA 94550
USA
Ship to:

City of Livermore
1052 South Livermore Avenue
Livermore, CA 94550
USA
ATTACHMENT 1
59 10 Microsoft Surface Laptop
Studio ( i7/16/512/dCM )
Platinum -
ABR-00001 $2,199.99 $275.00 $1,924.9910 $1,973.11 $21,223.02 10 Microsoft® Complete for Bus
2YR on 1YR Mfg Wty SC
Warranty n
F9W-00226 $399.00 $19.95 $379.0500 $0.00 $3,790.50
300 Microsoft Surface Dock 2
Comm.
1GK-00001 $259.99 $39.00 $220.9915 $6,795.51 $73,092.96 1 Microsoft Tracking SKU -
Surface DR
QL6-00007 $0.00 $0.00 $0.0000 $0.00 $0.00
1 Microsoft Tracking SKU - MN-
WSCA-NASPO ValuePoint
Agreement
DHF-01766 $0.00 $0.00 $0.0000 $0.00 $0.00
1 Microsoft Tracking SKU -
Surface SP
QL6-00008 $0.00 $0.00 $0.0000 $0.00 $0.00
TOTAL DISCOUNT $98,290.86
SUBTOTAL $571,701.23
FEE/CHARGES $1,004.00
TOTAL TAX $52,308.29
TOTAL $625,013.52
ATTACHMENT 1
60 Microsoft Stores Direct Business Sales Terms – United States Updated: February 2022
SECTION 1 Quote Scope
This Quote is not a binding offer and is subject to change without notice until such time as a purchase has been completed. A purchase shall be deemed to have been completed when the product, in the quantity agreed to, has shipped and either payment has been made (by cash, credit, or other mutually agreed method) to Microsoft or a purchase order has been accepted by Microsoft. Product prices and availability are subject to change at any time and without notice. If the Quote includes promotional pricing, the Quote expires when the promotion ends.

Microsoft may place a limit, at any time and for any reason, on quantities that may be purchased per order, per account, per credit card, per person, per business entity, or per household. Microsoft may also refuse, reject, or cancel any order at any time and for any reason. Microsoft also reserves the right, in its sole discretion, to restrict or prohibit sales to dealers or resellers. This Quote does not apply to and cannot be combined with any other offers or promotions.

This Quote does not include shipping charges. Any shipping charges will be calculated and applied at the time of purchase.

SECTION 2 Microsoft Stores Direct Business Sales Terms
By submitting a purchase order to Microsoft (“Microsoft”), or by making payment to Microsoft for the Device(s), (“Customer” or “you”) agree(s) that the following device purchase terms shall apply to the product, device or hardware (the “Device(s)”) purchase identified herein (“Agreement”). This Agreement is separate and independent from any other agreement between Microsoft and Customer that involves or may involve the purchase of any software or other products from Microsoft, including but not limited to any volume licensing or other agreement.

To the extent such other agreement may apply to Devices or other products covered by this Agreement, and unless otherwise mutually agreed to in writing, its terms supersede any inconsistent or conflicting terms in this Agreement or any resulting agreement between the parties. The Customer’s purchase order terms and conditions will not apply to this purchase.

If you are purchasing a Surface Hub or a HoloLens 2 device from the Microsoft Store, please see applicable terms below in Sections 14 and 15, respectively.

If Customer is a federal, state or local government entity (including education), Customer and Microsoft may have entered into separate and independent terms and conditions via requests for proposal, purchasing programs, procurement cooperatives, or otherwise (e.g. NASPO, Texas DIR, CPV). To the extent such other agreement may apply to the Devices or other products covered by, and purchased under, this Agreement, such terms supersede any inconsistent or conflicting terms in this Agreement or any other resulting agreement between the parties.

1. Acceptance. Each Customer purchase order is subject to Microsoft’s acceptance and the availability of Devices. Microsoft may decline or cancel any order, or reduce the amount of Devices due to availability, at any time prior to shipping to the Customer. Customer may not cancel any order once Microsoft has notified Customer of Microsoft’s acceptance of the purchase order. Microsoft may, in its sole discretion, impose a minimum order requirement to which Customer must agree prior to Microsoft accepting its purchase order.

2. Affiliates and Resale. Customer may make Devices purchased under this Agreement available for use by their Affiliates within a country in which Microsoft makes the same Devices available. Absent Microsoft’s written consent, Customer may not, in any circumstance, make Devices purchased under this Agreement available for use by any unrelated third party. Absent Microsoft’s written consent, Customer may not, in any circumstance, resell, lease or transfer for any value any Device purchased under this Agreement.

3. Device Restrictions. Customer shall not change, adapt, translate, decompile or reverse engineer any Device, in whole or in part, except and only to the extent expressly permitted by applicable law. Absent Microsoft’s written consent, Customer may not, in any circumstance, resell, lease or transfer for any value any Device purchased under this Agreement. Customer shall not use any unauthorized, illegal, counterfeit, or modified hardware or software in connection with any Device or re-package or otherwise combine any Device with any unauthorized or unlicensed third-party product. Customer shall also not cause any Device, in whole or in part, to be governed by an excluded license.

An “excluded license” is any license that requires, as a condition of use, modification or distribution of the Device, that the Device be: (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making derivative works; or (iii) redistributable at no charge.

SECTION 3 Delivery
Unless otherwise agreed in writing by the parties, Microsoft will deliver Devices purchased under this Agreement to the location Customer designates on any applicable order form (DDP, Incoterms 2010, or any updates thereto). Unless otherwise agreed, Microsoft will use ground shipping to ship Devices to Customer.

SECTION 4 Preorders
If a Purchase Order includes any Device(s) that will be released at a future date (a “Preorder”), a Microsoft representative will notify Customer’s designated contact person when the Device(s) covered by the Preorder are scheduled to ship. Unless Customer notifies Microsoft within 10 days of receipt of this notification with a request to cancel its Preorder (the “Cancellation Notice”), Microsoft will fulfill the Preorder and invoice Customer upon Device shipment. Microsoft may fulfill the Preorder in whole or in part, and Customer agrees to accept Devices covered by its Preorder in one or multiple shipments, provided that Microsoft will only invoice Customer for units actually shipped.

SECTION 5 Limitation of Liability
ATTACHMENT 1
61 The total liability of each party for all claims related to each purchased Device and this Agreement is limited to direct damages up to the amount Customer paid for the purchased Device(s) or the total amount paid under this Agreement, whichever is less. Customer may not recover any other damages, including consequential, incidental, indirect, special, reliance or punitive damages, or lost profits. These limitations apply to all damages related in any way to this Agreement, including anything related to any applicable manufacturer’s warranty and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, reliance or other torts to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. Some States do not allow limitations on liability as stated above, so some or all of this limitation may not apply to Customer.

SECTION 6 Software Licenses
Software included with, or preloaded on, the Devices (“Included Software”) purchased under this Agreement may be subject to separate license terms included with that software (“EULA”). Customer accepts the EULA (1) by signing and/or clicking “Submit” on any Microsoft order form page (if the EULA is attached or available online), (2) by breaking the seal on packaging of a Device that refers to the EULA, (3) by using the Device or (4) by installing, copying or otherwise using the Included Software. If more than one software product is included in the Included Software, e.g., operating system software and a productivity software suite, then each product may have its own EULA. Customer is not authorized to install or use the Included Software unless Customer first agrees to the Included Software’s EULA or has a separate license agreement with Microsoft governing use of such Included Software. If Customer does not want to agree to a EULA, Customer may return the Device unused to Microsoft for Page 3 of 8 United States 02/2022 a full refund. Each EULA is not part of this Agreement, but to the extent of any conflict with this Agreement, the EULA will control solely for the Included Software to which it applies.

SECTION 7 Services
Microsoft may be asked to provide training, support or depot (customized device), or other services incidental to the Devices purchased under this Agreement (the “Services”). Unless otherwise stated in this Agreement, the following terms shall apply to the delivery of all such Services:

7.1 Insurance. Microsoft will maintain industry-appropriate insurance coverage at all times when performing Professional Services on Customer’s premises under this agreement via commercial insurance, self insurance, a combination of the two or any other similar risk financing alternative. Microsoft will provide Customer with evidence of coverage on request.

7.2 Use of technical information from Services. Microsoft may use any technical information Microsoft derives from providing Services for problem resolution, troubleshooting, product functionality enhancements, fixes, and for Microsoft’s knowledge base. Microsoft agrees not to identify Customer or disclose any of Customer’s Confidential Information in any item in the knowledge base.

7.3 Microsoft as independent contractor. Microsoft provides Services as an independent contractor and will be responsible for all social security, unemployment, workers’ compensation and other withholding taxes for all of Microsoft’s employees. Customer and Microsoft each may develop products independently without using the other’s Confidential Information.

7.4 In addition to the above, you acknowledge and agree that the Microsoft Customer Support Service Agreement, available at https://support.microsoft.com/en-us/topic/microsoft-customer-support-service-agreement-3b3b6a44-f4ca-7a22-f77b-0b28f99a507a also applies to any Services you receive from Microsoft, as applicable. You agree to comply with the Microsoft Customer Support Agreement and acknowledge that it may be updated from time to time by Microsoft.

SECTION 8 Warranties
The sole warranty Microsoft provides for Devices is the manufacturer’s warranty (if any) provided with the Device(s). Microsoft warrants that Services it provides will be performed in a professional and workmanlike manner, consistent with industry standards. If Microsoft fails to meet the warranty and Customer notifies Microsoft within 90 days of the date of performance, then Microsoft will either re-perform the Services or return the price paid for them. To the fullest extent permitted by applicable law, MICROSOFT PROVIDES NO OTHER WARRANTIES OR

CONDITIONS AND DISCLAIMS ANY OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING WARRANTIES OF QUALITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. To the fullest extent permitted by applicable law, Microsoft makes no warranties whatsoever relating to any product or device that is not developed, produced or manufactured by Microsoft or that is distributed under a third-party name, copyright, trademark or trade name, even if such product or device is incorporated within the retail packaging or digital images of a Device. This disclaimer will apply except to the extent not permitted by applicable law.

SECTION 9 Payment Terms for Microsoft’s Invoice; Credit Review Payments to Microsoft must be made in the currency and according to the terms stated on Microsoft’s invoice. The terms of any extension of credit under this agreement may be withdrawn by Microsoft upon notice. Microsoft may assess a finance charge on all past due amounts, payable on demand and equal to the lesser of an annual rate of 1% per month or the highest amount allowed by law, applied from the first day the amount is past due until paid in full. Microsoft has no obligation to continue to provide Services if Customer fails to make timely payment. All payment terms are net 30 days from date of invoice.

By accepting the terms of this Agreement, Customer also agrees that Microsoft may obtain a current credit report related to the business entity identified in the credit application and conduct a review of the credit report. Upon request, Microsoft will tell Customer the name and address of each credit reporting agency from which Microsoft obtained a current credit report. Microsoft may also request audited financial statements to verify financial condition. Microsoft may periodically review the credit performance of the Customer. Deterioration in payment history, financial strength, new reports of judgments/liens or bankruptcy could result in adjustments to the credit terms granted to the Customer.

SECTION 10 Returns
Unless as otherwise stated below, Microsoft will accept returns for Devices that meet the return criteria set forth below for 30 days from the date of receipt or download, as applicable. Get up to 60 days for some Surface devices1 . All returns and exchanges must be accompanied by the original documentation, instruction manuals, registration, parts and components (including cables, controllers, and accessories) and the original manufacturer packaging Refunds will equal the amount paid less the original shipping and handling charges, if any. The following ATTACHMENT 1
62 items may not be returned: (i) items that have been personalized or customized; (ii) special order items; (iii) items that have been used, altered or that show wear or damage; (iv) gift cards and Skype cards; and (v) items that are not in resaleable condition. Services that have already been performed, or which are in the process of being performed, may not be returned or refunded.

For software and games, you may only return or exchange opened items during the return period if: (i) you don’t agree with the license agreement, or (ii) the media does not work, and (iii) only if you do not make or retain any copies. Opened software and games may only be exchanged for the same product. If we no longer have the same product, we will issue you a Microsoft Store credit.

ALL SALES ARE FINAL for random access memory (“RAM”) products and clearance items or those marked with a designation such as “Final Sale” or “Non-Returnable.” For promotional items and bundles, and unless otherwise stated in writing, all included products and/or Services must be returned together. If a service included in the promotion and/or bundle has been used (for example a used promotional promo code), the full retail value of the service will be deducted from the refund amount. When a bundle is purchased and only part of the bundle is returned, the bundle discount is void, and the total bundle discount will be deducted from the refund. A restocking fee of ten percent (10%) may be deducted from the refund amount for hardware products.

Microsoft is not responsible for any personal data included on returned or exchanged items. Please ensure that your personal data is removed from all items prior to return or exchange. Notwithstanding the foregoing, nothing in this section will be construed as a waiver of your statutory rights under the law regarding returns, exchanges or withdrawal rights. 1Extended return offer period available with Surface devices purchased from Microsoft Store in select markets. Return process must be started within 60 days after customer received the device. Not available for purchases by reseller customers. Extended return offer period limited to five (5) device returns total per eligible customer. Excludes Surface Hub. Void where prohibited or restricted by law.

Microsoft reserves the right to modify or discontinue offers at any time. Other exclusions and limits may apply. Microsoft Store return policy applies to extended returns.

SECTION 11 Compliance with laws, privacy and security
Microsoft and Customer will each comply with all applicable laws and regulations (including applicable security breach notification laws).

However, Microsoft is not responsible for compliance with any laws or regulations applicable to Customer or Customer’s industry that are not also generally applicable to information technology services providers. Customer consents to the processing of personal data by Microsoft and its agents to facilitate the subject matter of this Agreement.

Customer may choose to provide the personal data of third parties to Microsoft (including Customer’s contacts, resellers, distributors, administrators, and employees) as part of this Agreement. Customer will obtain all required consents from third parties under applicable privacy and data protection laws before providing personal data to Microsoft.

Please see the Microsoft Privacy Statement for more information on how Microsoft processes personal data.

SECTION 12 Defense of third-party claims
Microsoft will defend Customer against any claim by an unaffiliated third party that a Device infringes its patent, copyright or trademark, or makes unlawful use of its trade secret. Microsoft will pay any resulting adverse final judgment or approved settlement. This does not apply to claims or awards based on (1) Customer Data; (2) non Microsoft software; (3) modifications to a Device made by Customer or any specifications or material Customer provides; (4) Customer’s combination of the Device with (or damages based on the value of) a non- Microsoft product, business process or data; (5) Customer’s use of a Microsoft trademark without express, written consent, or Customer’s use of a Device after being notified to stop due to a third-party claim; (6) Customer’s use or distribution of a Device in violation of this agreement, or (7) Devices provided free of charge.

If Microsoft reasonably believes that a third party claim under this section may bar Customer’s use of the Device, Microsoft will seek to obtain the right for Customer to keep using it or modify or replace it with a functional equivalent, in which case Customer must discontinue use of the prior version immediately. If these options are not commercially reasonable, Microsoft may terminate Customer’s right to the Device and refund any amounts Customer has paid.

Customer must (1) notify Microsoft of any claim subject to this section, (2) give Microsoft sole control over the defense or settlement, and (3) provide reasonable assistance in the defense of the claim. Out-of-pocket expenses incurred in providing reasonable assistance will be reimbursed. Microsoft must approve any settlement. The remedies provided in this section are the exclusive remedies for the claims described in this section.

SECTION 13 Additional Terms
(a) Non-Microsoft software and technology. Customer is solely responsible for any non-Microsoft software or technology that it installs or uses with the Devices or otherwise in connection with this agreement. Customer will direct and control the installation and use of such software or technology through its actions (including the use of APIs and other technical means). Microsoft is not a party to and is not bound by any terms governing Customer's use of non-Microsoft software or technology. Microsoft will not run or make any copies of such software or technology outside of its relationship with Customer. Customer may not install or use non-Microsoft software or technology in any way that would subject Microsoft’s intellectual property or technology to obligations beyond those included in this agreement. (b) Confidentiality. Each party undertakes that it shall not at any time during this Agreement, and for a period of five years after termination of this Agreement, disclose to any person any (i) nonpublic information that Customer or Microsoft or an Affiliate designates as being confidential; or (ii) nonpublic information which, given the nature of the disclosure or the circumstances surrounding disclosure, the receiving party should treat as confidential (parts (i) and (ii) being "Confidential Information"). However, there is no time limit on disclosure of Confidential Information that contains personal information. The receiving party will not be liable for the disclosure of information which: (A) it already knew without an obligation to maintain the information as confidential; (B) it received from a third party without breach of an obligation of confidentiality owed to the other party; (C) it independently developed; or (D) becomes known through no wrongful act of the ATTACHMENT 1
63 receiving party. Either party may disclose Confidential Information as required by a judicial or other governmental order or request, provided that the receiving party immediately notifies the other party in writing upon its receipt of such order or request and provides Page 6 of 8 United States 02/2022 reasonable assistance if the disclosing party seeks a protective order or its equivalent to limit disclosure of any such Confidential Information.
(c) Publicity. Except as otherwise required by applicable law or as otherwise expressly provided under this Agreement, neither party will issue any press release, publicity, or other disclosure in any form that relates to its relationship with the other party or the terms or existence of this Agreement without the other party’s prior written approval. (d) Applicable law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. The 1980 United Nations Convention on Contracts for the International Sale of Goods and its related instruments will not apply to this agreement. (e) U.S. export. Devices are subject to U.S. export jurisdiction. Customer must comply with all applicable international and national laws, including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and end-user, end use and destination restrictions by U.S. and other governments related to Microsoft products, services, and technologies. For additional information related to Microsoft compliance with export rules, see http://www.microsoft.com/exporting. Customer must notify Microsoft at [email protected] as to any regulatory or legal controls on the use, access or transfer of Customer’s software or technology prior to such use, access or transfer to or by Microsoft. Customer will provide sufficient information to permit Microsoft to comply with applicable controls on Customer’s software or technology.
(f) Taxes.
(i) If any amounts are to be paid to Microsoft, the amounts owed by Microsoft are exclusive of any taxes. Customer shall pay any applicable value added, goods and services, sales, or like taxes that are owed with respect to any order submitted under this agreement and which are permitted to be collected from Customer by Microsoft under applicable law. Customer shall be responsible for any applicable stamp taxes and for all other taxes that it is legally obligated to pay including any taxes that arise on transactions between Customer and its Affiliates. Microsoft shall be responsible for all taxes based upon its net income or its property ownership. (ii) For qualified Customers, prices may exclude any sales or use taxes, duties, and other governmental charges (including any value added taxes). Customer will provide Microsoft a valid exemption certificate, and then Microsoft will not collect the taxes covered by such certificate. (iii) If any taxes are required to be withheld on payments made by Customer to Microsoft, Customer may deduct such taxes from the amount owed Microsoft and pay them to the appropriate taxing authority; provided however, that Customer promptly secures and delivers an official receipt for those withholdings and other documents reasonably requested by Microsoft to claim a foreign tax credit or refund. Customer will make certain that any taxes withheld are minimized to the extent possible under applicable law. Customer remains obligated to pay Microsoft for the amount of tax withheld until Customer provides to Microsoft the official receipt and other documents reasonably requested. (iv) Customer agrees to receive Tax/VAT invoices electronically. (g) Use of contractors. Microsoft may use contractors to perform Services, but will be responsible for their performance, subject to the terms of this agreement.
(h) Force Majeure. With the exception of Customer's payment obligations under Section 8(a), neither party will be liable for any failure to perform any obligation under this Agreement to the extent such failure is caused by a force majeure event (including acts of God, natural disasters, war, civil disturbance, action by governmental entity, strike and other causes beyond the party’s its reasonable control). The party affected by the force majeure event will provide notice to the other party within a commercially reasonable time and will use its best efforts to resume performance as soon as reasonably possible when the force majeure event concludes. (i) Assignment. Customer may not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder by contract, merger, operation of law or otherwise, without Microsoft’s prior written consent. Any attempted assignment in violation of this Section 13(i) will be null and void. Microsoft may Page 7 of 8 United States 02/2022 immediately terminate this Agreement in the event of an attempted assignment. Microsoft may assign this Agreement to any of its Affiliates without Customer's consent. Subject to the foregoing provisions of this Section 13(i), this Agreement will be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
(j) No third-party beneficiaries. This agreement does not create any third-party beneficiary rights. (k) No Partnership or Agency. The parties are independent contractors. This Agreement does not create or constitute a partnership, joint venture, franchise, agency, or contract of employment between Microsoft and Customer. (l) Notices. All notices and requests under this Agreement will be in writing and delivered via facsimile (receipt confirmed), certified mail or registered post (return receipt requested), or via overnight courier (e.g. FedEx or DHL). Notice will be sent to the addresses by each party's details or to such other addresses as either party may indicate in accordance with this section. Notices will be deemed effective as follows: (i) one (1) business day after the date given if transmitted by Facsimile or email; (ii) three (3) business days after the date of deposit in the mail for certified mail; or (iii) one (1) business day after the date of delivery to an overnight carrier. For purposes of this Agreement, notices must be sent in writing to Microsoft at Microsoft Corporation, One Microsoft Way, Redmond, WA, 98052 USA. (m) Survival. Provisions regarding ownership and license rights, fees, Use Rights, restrictions on use, warranties, limitations of liability, confidentiality, defense of claims by either party, compliance verification, obligations on termination, and the provisions in the section titled “Miscellaneous,” will survive termination of the agreement. (n) Severability. If any provision of this agreement is held to be illegal, invalid, or unenforceable, the remaining provisions will remain in effect and the agreement will be deemed amended to give maximum effect to the eliminated provision. (o) Waiver. Failure to exercise any right or remedy will not constitute a waiver. Any waiver must be in writing and executed by the waiving party.
(p) Invoicing. (i) Customer agrees to accept email invoices in markets where electronic invoicing is not yet available from Microsoft Store. (ii) Microsoft will work with each Customer to determine their preferred eProcurement system for billing/invoicing. If Microsoft is able to support the Customer’s preferred billing/invoicing system, in the event of system or integration issues, Customer must still meet payment deadlines based on the invoice date. Microsoft will not be liable for any breach of Customer data and billing/invoicing information requested by the Customer’s preferred eProcurement system for billing/invoicing. (q) Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement. Except as specifically permitted in this Agreement, no amendment or modification of any provision of this Agreement will be effective unless it is in a writing that specifically references this Agreement and is duly signed by authorized representatives of both parties.

ATTACHMENT 1
64 SECTION 14 HoloLens Terms of Use and Sale
HoloLens Terms of Use and Sale. The following additional terms (Section 14) apply if you are purchasing a HoloLens device. (a) HoloLens 2 Commercial Terms (for Commercial and Developer versions, including Industrial Editions).

1. Applicable Terms.
i. Microsoft HoloLens 2 is intended for sale to commercial businesses and education entities, and, in the case of the developer edition, to developers. It is not intended for sale to consumers or individuals. By purchasing, you hereby agree not to resell the product. Unless otherwise agreed to in writing, ALL SALES OF HOLOLENS 2 COMMERCIAL AND DEVELOPER DEVICE (INCLUDING INDUSTRIAL EDITIONS) ARE FINAL AND NON-REFUNDABLE, AND HAVE A MANUFACTURER’S LIMITED WARRANTY. ii. This product is not intended for use by children under the age of 13. iii. In addition to the terms and conditions set forth in this Agreement, the Microsoft HoloLens 2 Commercial Terms of Use and Sale (the “HoloLens 2 Commercial Store Terms”) apply to you if you submit a purchase order for a HoloLens 2. Please visit:
https://query.prod.cms.rt.microsoft.com/cms/api/am/binary/RE1YlXi to review the HoloLens 2 Commercial Store Terms. iv. By purchasing you also agree to the software license here: https://www.microsoft.com/en- us/Useterms/OEM/Windows/10Mobile/UseTerms_OEM_Windows_10Mobile_English.htm.

2. Order of Precedence. In the event of a conflict between the HoloLens 2 Commercial Store Terms and this Agreement the Microsoft Stores Direct Business Sales Terms, and except as set forth in Section 14(b) below, the HoloLens 2 Commercial Store Terms prevail. (b) Notwithstanding the terms set forth in Sections 14(a) above or in the HoloLens 2 Commercial Store Terms, you agree that, as it pertains to any HoloLens device sold under this Agreement: (i) the HoloLens device is being sold to you by Microsoft Corporation, a U.S. entity; (ii) the applicable limited device warranties set forth in the appendices to the HoloLens 2 Commercial Store Terms (if any) are valid only in the United States and Canada, and to the extent your purchase is for the HoloLens 2 Industrial Edition device, the applicable Warranty Period is extended from one to two years; and (iii) the sale is governed by the law, and is subject to the exclusive jurisdiction, as set forth in Section 13(d) (Applicable Law) above.

SECTION 15 Surface Hub Terms of Sale.

The following additional terms (Section 15) apply if you are purchasing a Surface Hub device.

The Surface Hub is intended for sale to business and education entities. It is not intended for sale to consumers. By purchasing a Surface Hub, you hereby agree not to resell the product. Unless otherwise agreed to in writing, and subject to the standard manufacturer’s warranty, ALL SALES OF A SURFACE HUB DEVICE, INCLUDING ADDITIONAL ACCESSORIES AND SERVICES ARE FINAL AND NON-REFUNDABLE. ***************************************
[Customer]
Date:

Printed Name:

By:

Title:
[MICROSOFT CORPORATION ]
Date:

Printed Name:

By:

Title:

RETURN POLICY
ATTACHMENT 1
65 RESOLUTION NO. _________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE

ORDER WITH THE MICROSOFT STORE FOR MICROSOFT SURFACE
HARDWARE IN AN AMOUNT NOT-TO-EXCEED $650,000
The City of Livermore’s (“City”) primary computing platforms in use by staff have reached the end of their useful life and cannot be upgraded to run modern operating systems. City staff will upgrade staff computing devices with lightweight, mobile devices which is an essential component of the City Council’s Modernization, Training, and Workplace Enhancements directive by mobilizing the City’s workforce and centralizing the management platform into the Microsoft M365 platform.

The City has selected the Microsoft Store to provide the Microsoft Surface hardware and support services, through the National Association of State Procurement Officials (NASPO) statewide agreement.

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

1. Authorizes the City Manager to execute a Purchase Order with the Microsoft Store, in an amount not-to-exceed $650,000.

2. Authorizes the City Manager to take whatever actions are necessary and appropriate 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 February 13, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Tara M. Mazzanti Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
66 CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

February 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing the acceptance for permanent maintenance and release of the security bonds, and execution of a Notice of Completion for the I-Street Garage, Project 2017-15.

RECOMMENDED ACTION

SUMMARY
On February 22, 2021, the City Council awarded the contract for construction of the I-Street Garage to Roebbelen Contracting, Inc. The contract was substantially completed on June 24, 2022, and can be accepted for permanent maintenance. The process to release the contractor's bonds can begin.

DISCUSSION
As shown in Attachment 1, the I-Street Garage project involved constructing a three-level parking garage, with 274 spaces, that connects to the northwest corner of the existing Livermore Valley Parking Garage. The I-Street Garage has 7 accessible and 10 electric vehicle parking stalls. As part of the project, parking technology systems were installed in both the new and existing parking garages that allow users to see available spaces via display signs onsite and on a downloadable mobile application "Livermore Parking". New security cameras were also installed in both garages. In addition, the project included replacing and realigning the sewer trunkline under the railroad tracks. A new pedestrian path was constructed that connects the I-Street Garage with the Railroad Avenue/North Livermore Avenue intersection and the trail bridge over North Livermore Avenue. I Street was reconstructed between Railroad Avenue and the entrance to the I-Street Garage. The project was completed in accordance with the contract documents in a manner acceptable to the City Engineer and can now be accepted for permanent maintenance.

At time of award, the contractor provided a faithful performance bond guaranteeing completion of the 67 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 upon the settlement of all claims and obligations for which the security was given. All claims for this project have been settled. 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 $13,250,000, plus a 10 percent contingency. The final contract amount is $13,625,407, which is 2.8 percent above the original contract based on final bid item quantities, and 45 change orders. The total value of change orders was $375,407 which consisted primarily of upgrading the specified parking technology system and revising the storm drain system and walkway on the west side of the project due to conflicts. The final bid quantities were as anticipated.

Operations and maintenance costs for the new I Street portion of the garage are estimated at $50,000 per year. Operations and maintenance costs will be funded from the operating budget with Facilities Rehabilitation Program Fees (Fund 740).

ATTACHMENTS

1. Location Map

2. Resolution

3. Exhibit A - Notice of Completion

Prepared by: Mike Stamm
Construction Inspection Manager

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
68 RAILROAD AVE.

LIVERMORE AVE.

PROJECT
SITE

RAIROAD
GARAGE
FIRST ST.

I STREET GARAGE
ATTACHMENT 1
69 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING ACCEPTANCE FOR PERMANENT MAINTENANCE,

RELEASE OF SECURITY BONDS, AND EXECUTION OF A NOTICE OF COMPLETION

FOR THE I-STREET GARAGE
(I-Street Garage, Project No. 2017-15)
The City Engineer of the City of Livermore (“City”) has filed with the City Clerk a report in writing that all work on the I-Street Garage, Project No. 2017-15 (“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 hereto 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 February 13, 2023, 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
70 EXHIBIT A
71 CITY COUNCIL STAFF REPORT
ITEM NO. 5.7

DATE:

February 13, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing the approval of a grant application, acceptance of grant funds, and authorizing an agreement with the California Department of Fish and Wildlife for the Livermore Habitat Conservation Plan.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution approving the filing of a grant application and
accepting grant funds in the amount of
$700,000,
authorizing an agreement with the California
Department of Fish and Wildlife, and authorizing the City Manager or designee to sign all grant documents for the Livermore Habitat Conservation Plan.

SUMMARY
On January 10, 2022, the City Council adopted a resolution authorizing staff to prepare and submit a US Fish and Wildlife Service Habitat Conservation Planning Assistance grant application. The grant would allow the City to prepare a Habitat Conservation Plan, which is a federal permitting document that defines a comprehensive approach to endangered species permitting. Developing an HCP will provide multiple benefits to the city including comprehensive habitat conservation planning, streamlined permitting for maintenance and capital improvement projects, and potential reduced costs for federal endangered species regulatory compliance and mitigation.

The City was selected and received the Notice of Award of the grant (Attachment 1) on December 21, 2022. The California Department of Fish and Wildlife requires the governing body to certify by resolution and approve the filing of the California Department of Fish and Wildlife approved grant application and accept the grant in the amount of $700,000. The resolution must be submitted to California Department of Fish and Wildlife by February 28, 2023 for them to prepare the agreement. The required local match of $333,000 can be satisfied by staff time spent on this effort over FY 2022-26.

DISCUSSION
The Livermore area includes habitat for several state and federally listed endangered species, such as the Vernal Pool Fairy Shrimp, the California Red-Legged Frog, and the Tiger Salamander within its urban 72 growth boundary. The proximity of open space, natural streams, and preserves to urban development in Livermore creates a challenge for the City to obtain necessary permits for the construction of capital improvement and maintenance projects within environmentally sensitive areas. These permitting challenges result in project delays, higher project costs, and complex mitigation requirements, making it more difficult for the City to maintain its infrastructure and implement capital improvement projects in a timely and efficient manner.

The City currently approaches regulatory permitting and mitigation for capital improvements on a project- by-project basis and recent changes to federal regulations have made federal permitting more challenging. A Habitat Conservation Plan grant would allow the City to prepare a programmatic Habitat Conservation Plan and obtain federal permitting coverage. Once approved, a Habitat Conservation Plan will typically provide permitting coverage for federally listed species for 30 years and allow the City to implement the types of projects and activities identified in the Habitat Conservation Plan with mitigation incorporated based on the approved plan. It would also give the City increased local control over mitigation, allowing the City to put project mitigation dollars towards local habitat conservation priorities, in alignment with the Open Space Element of the General Plan, and ensure the comprehensive and long-range preservation and management of open space land.

A programmatic Habitat Conservation Plan would provide permitting coverage for federally listed species. However, the following State and Regional project specific permits (with the exception of maintenance projects covered under the City’s Stream Maintenance Program), may still be required, depending on the project:

California Department of Fish and Wildlife (CDFW) – 1600 Land and Streambed Alteration Agreement
CDFW – California Endangered Species Ace (CESA) – Incidental Take Permit Regional Water Quality Control Board (RWQCB) – 401 Water Quality Certification and Wetlands Program (Dredge & Fill Agreement)
United States Army Corps of Engineers (USACE) – 404 Certification under the Clean Water Act

On January 10, 2022, the City Council authorized staff to submit an application for a state planning assistance grant to prepare a Habitat Conservation Plan. On December 21, 2022, t he California
Department of Fish and Wildlife sent the City a Notice of Award of $700,000 in Federal Cooperative Endangered Species Conservation Funds (Non-Traditional Section 6), indicating they selected the Livermore Habitat Conservation Plan as one of the projects to award grant funds.

According to the
procedures established by the California Department of Fish and Wildlife, the grantee is required to certify by resolution the approval to apply for and accept grant funds and provide authorization to enter into an agreement with the California Department of Fish and Wildlife to implement the Non-Traditional Section 6 (FY 2022) Livermore Habitat Conservation Plan.

Environmental Determination
A
uthorization of the City Manager to accept the grant funds and sign all documents related to the grant and the
Habitat Conservation Plan
is not a project under the California Environmental Quality Act pursuant to the Public Resources Code, Chapter 2.5, section 21065. The preparation of the Habitat Conservation Plan will not cause a direct physical change in the environment, or reasonably foreseeable indirect change in the environment. No lease, permit, certificate, or entitlement is being issued at this time.

73 Programmatic Environmental Compliance Review pursuant to California Environmental Quality Act, National Environmental Policy Act and National Historic Preservation Act will be performed in the development phase of the
Habitat Conservation Plan
.

FISCAL AND ADMINISTRATIVE IMPACTS

The City will utilize the $700,000 of Cooperative Endangered Species Conservation Funds (Non- Traditional Section 6) to develop a Livermore Habitat Conservation Plan concurrent with the update of the City of Livermore General Plan and Open Space Element. The required local match is $333,000 and can be satisfied as staff time over FY 2022-26.

In addition, federal grants have additional audit and compliance requirements. The estimated cost for the grant compliance requirements will be approximately $35,000 to $50,000 over the grant period of three years.

ATTACHMENTS

1. Award Letter Application

2. Resolution

Prepared by: Mallika Ramachandran
Assistant City Engineer

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
74 (Subject to the availability of funds and satisfactory progress of the project):
a. DEDUCTION
b. ADDITIONAL COSTS
c. MATCHING
d. OTHER RESEARCH (Add / Deduct Option)
e. OTHER (See REMARKS)
c. This award notice including terms and conditions, if any, noted below under REMARKS. d. Federal administrative requirements, cost principles and audit requirements applicable to this grant.

In the event there are conflicting or otherwise inconsistent policies applicable to the grant, the above order of precedence shall prevail. Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise obtained from the grant payment system.

REMARKS (Other Terms and Conditions Attached - Yes No) d. AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION
c. Less Cumulative Prior Award(s) This Budget Period
a. d.
b. e.
c. f.

13. Total Federal Funds Awarded to Date for Project Period

14. RECOMMENDED FUTURE SUPPORT
Salaries and Wages
Fringe Benefits ……………….................$

TOTAL DIRECT COSTS

INDIRECT COSTS

TOTAL APPROVED BUDGET
Federal Share
Non-Federal Share
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.

FINANCIAL ACCT

17. VENDOR CODE

AMT OF FIN ASST START DATE
18b. DUNS

END DATE

19. CONG. DIST.

TAS ACCT
.…...….…..$
…………………………...$
…………………………...$
…………………………...$
…………………………...$
…………………………...$
…………………….……..$
m.
n.
m)

YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS

ALL AMOUNTS ARE SHOWN IN USD
II Total project costs including grant funds and all other financial participation b. Less Unobligated Balance From Prior Budget Periods

11. APPROVED BUDGET (Excludes Direct Assistance) 12. AWARD COMPUTATION I Financial Assistance from the Federal Awarding Agency Only a. Amount of Federal Financial Assistance (from item 11 ALTERNATIVES:

15. PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING

ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY OR BY REFERENCE IN THE FOLLOWING:

16. THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO, AND AS APPROVED BY, THE FEDERAL AWARDING AGENCY a. The grant program legislation .
b. The grant program regulation s.
10b. FEDERAL PROJECT OFFICER10a. GRANTEE AUTHORIZING OFFICIAL

NOTICE OF AWARD
1a. SUPERSEDES AWARD NOTICE dated
Originating MCA #
AUTHORIZATION (Legislation/Regulations)

4. GRANT NO.
5a. ACTION TYPE

6. PROJECT PERIOD

7. BUDGET PERIOD
9a. GRANTEE NAME AND ADDRESS 9b. GRANTEE PROJECT DIRECTOR

MM/DD/YYYY

MM/DD/YYYY MM/DD/YYYY

1. DATE ISSUED

2. CFDA NO.

3. ASSISTANCE TYPE

8. From Through
From Through
4a. FAIN

5. TYPE OF AWARD
except that any additions or restrictions previously imposed remain in effect unless specifically rescinded
……………….................$
Total Personnel Costs
Equipment
Supplies
Travel
Construction
Other
Contractual

TITLE OF PROJECT (OR PROGRAM)
LINE# PO LINE DESCRIPTION
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
18a. UEI
Endangered Species Act—Cooperation with States (16 U.S.C. §1535) 12/21/2022
02/28/2023
02/27/2026
02/28/2023
02/27/2026
Non-Traditional Section 6 (FY 2022)Livermore Habitat Conservation Plan

0.00 0.00

0.00 0.00
937,000.00

0.00 937,000.00

0.00 937,000.00
237,000.00
700,000.00

0.00 0.00
2 3
4 b
II

15.615 - Cooperative Endangered Species Conservation Fund Ms. Leslie Messchaert207812
1416 9th St FL 12
Sacramento, CA, 95814-5515
Phone: (916) 445-4658

CALIFORNIA DEPARTMENT OF FISH & WILDLIFE
1416 9th St Fl 12
Sacramento, CA, 95814-5515
Mrs. Nicole Viehman
715 P Street -16th Floor
SACRAMENTO, CA, 95814-6400
Phone: 916-207-3987
Ms. Becky Miller
2800 COTTAGE WAY, W-1729
SACRAMENTO, CA, 95825
Phone: 916-978-6185
700,000.00
06 808322358
0070057965
Project Grant

0.00 700,000.00
6 7
Larry Riley, WSFR Manager
2800 COTTAGE WAY, W-1729
SACRAMENTO, CA, 95825
Phone: 916-978-6182
GRANTS MANAGEMENT OFFICIAL:
5 700,000.00
F23AP00326-00
F23AP00326
New
Other
1 0051030583-00010
$700,000.00
02/28/2023
02/27/2026
5143
HCP Planning - CA
UVKGJ6U1SEG3
ATTACHMENT 1
75 Federal Financial Report Cycle
Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date 02/28/2023 09/30/2023 Annual 12/29/2023
10/01/2023 09/30/2024 Annual 12/29/2024
10/01/2024 09/30/2025 Annual 12/29/2025
10/01/2025 02/27/2026 Final 06/27/2026
Performance Progress Report Cycle
Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date 02/28/2023 09/30/2023 Annual 12/29/2023
10/01/2023 09/30/2024 Annual 12/29/2024
10/01/2024 09/30/2025 Annual 12/29/2025
10/01/2025 02/27/2026 Final 06/27/2026

SCOPE OF WORK
Project Description
The Service hereby incorporates the recipient’s application submitted to and approved by the Service into these award terms and conditions.

This award titled “Non-Traditional Section 6 (FY 2022) Livermore Habitat Conservation Plan(G2298115)” is based on Service approval of your organization’s proposal, hereby incorporated by reference into this award.

1. Terms and Conditions
U.S. Fish and Wildlife Service
General Award Terms and Conditions
Recipients of U.S. Fish and Wildlife Service (Service) grant and cooperative agreement awards (hereafter referred to as ‘awards’) are subject to the terms and conditions incorporated into their Notice of Award either by direct citation or by reference to Federal regulations; program legislation or regulation; and special award terms and conditions. Award terms and conditions are applicable unless and until the USFWS removes or revises them in written notice to the recipient. The Service will make such changes by issuing a written notice that describes the change and provides the effective date.

Recipients indicate their acceptance of an award by starting work, drawing down funds, or accepting the award via electronic means. Recipient acceptance of an award carries with it the responsibility to be aware of and comply with all terms and conditions applicable to the award. Recipients are responsible for ensuring that their subrecipients and contractors are aware of and comply with applicable award statutes, regulations, and terms and conditions. Recipient failure to comply with award terms and conditions can result in the Service taking one or more of the remedies and actions described in Title 2 of the Code of Federal Regulations (CFR) §§200.339—343.

A PDF of these terms and conditions with embedded links to all regulations is available on the Service’s website at:
https://www.fws.gov/media/fws-financial-assistance-award-terms-and-conditions-2020-12-31. See also the Department of the Interior’s General Award Terms and Conditions on their website at: https://www.doi.gov/grants/doi-standard-terms-and- conditions.

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76 Administrative Requirements, Cost Principles, and Audit Requirements These requirements and cost principles are applicable to all awards except those to individuals receiving the award separate from any business or organization they may own or operate. Foreign public entities and foreign organizations must comply with special considerations and requirements specific to their entity type, unless otherwise stated in this section. Foreign public entities must comply with those for states.
2 CFR Part 200, Subparts A—D, as supplemented by 2 CFR Part 1402 Foreign public entities must follow payment procedures in 2 CFR §200.305(b). For foreign public entities and foreign organizations, the requirements in 2 CFR §§200.321—323 do not apply.

Appendix XII to 2 CFR Part 200—Recipient Integrity and Performance Matters Applicable to awards with a total Federal share of more than $500,000 except for awards of any amount to foreign public entities. 2 CFR Part 200, Subpart E—Cost Principles
Applicable to all domestic and foreign non-Federal entities except non-profit organizations identified in Appendix VIII to 2 CFR Part 200.
48 CFR Subpart 31.2—Contracts with Commercial Organizations Applicable to non-profit organizations identified in Appendix VIII to 2 CFR Part 200 and for-profit organizations.

Indirect Cost Proposals
Requirements for development and submission of indirect cost rate proposals are contained in Appendix III (Institutions of Higher Education), Appendix IV (Nonprofit organizations), and Appendix VII (States, local government agencies, and Indian tribes) to 2 CFR Part 200. See also the DOI negotiated indirect cost rate deviation policies at 2 CFR §1402.414. For-profit entities should contact the DOI National Business Center, Office of Indirect Cost Rate Services at: https://ibc.doi.gov/ICS/icrna. 2 CFR Part 200, Subpart F—Audit Requirements
Applicable to U.S. states, local governments, Indian tribes, institutions of higher education, and nonprofit organizations. Not applicable to foreign public entities, foreign organizations, or for-profit entities.

Statutory and National Policy Requirements
These requirements are applicable to all awards, including those to individuals, for-profits, foreign public entities, and foreign organizations, unless otherwise stated in this section.

Appendix A to 2 CFR Part 25—Universal Identifier and System for Award Management Not applicable to individuals or any entity exempted by the awarding bureau or office prior to award per 2 CFR §25.110(c)(2) and bureau or office policy.

Appendix A to 2 CFR Part 170—Award term for reporting subaward and executive compensation 3 of
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77 Not applicable to individuals. See 2 CFR 170 for other exceptions. 2 CFR §175.15—Award Term for Trafficking in Persons
Applicable to private entities as defined in 2 CFR §175.25(d), states, local governments, and Indian tribes. Applicable to foreign public entities if funding could be provided to a private entity as a subrecipient under the award. 2 CFR Part 1400—Nonprocurement Debarment and Suspension All recipients must ensure they do not enter into any covered transaction with an excluded or disqualified participant or principal.

See also 2 CFR Part 180—OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). 2 CFR §180.215 defines nonprocurement transactions that are not covered transactions. 2 CFR Part 1401—Requirements for Drug-Free Workplace (Financial Assistance) Not applicable to foreign public entities or foreign organizations. 43 CFR Part 18—New Restrictions on Lobbying
Recipients are prohibited from using any federally appropriated funds (annually appropriated or continuing appropriations) or matching funds under a Federal award to pay any person for lobbying in connection with the award. Lobbying is influencing or attempting to influence an officer or employee of any U.S. agency, a Member of the U.S. Congress, or an officer or employee of a Member of the U.S. Congress in connection with the award. 41 U.S.C. §4712—Whistleblower Protection for Contractor and Grantee Employees 41 U.S.C. §6306—Prohibition on Members of Congress Making contracts with Federal Government Mandatory Disclosures
Failure to make required disclosures may result in any of the remedies for noncompliance described in 2 CFR §200.339, including suspension or debarment (see also 2 CFR Part 180).

Conflicts of interest: Per 2 CFR §1402.112, non-Federal entities and their employees must take appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements. In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the provisions in 2 CFR §200.318 apply. Non- Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI awarding agency or pass-through entity in accordance with 2 CFR §200.112. Recipients must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The recipient is responsible for notifying the Service Project Officer identified in their notice of award in writing of any conflicts of interest that may arise during the life of the award, including those that reported by subrecipients. The Service will examine each disclosure to determine whether a significant potential conflict exists and, if it does, work with the applicant or recipient to develop an appropriate resolution. Failure to resolve conflicts of interest in a manner that satisfies the government may be cause for termination of the award.

Lobbying: If the Federal share of the award is more than $100,000, recipients must disclose making or agreeing to make any payment using non-appropriated funds for lobbying in connection with the award. To make such disclosures, recipients must complete and submit the SF-LLL, “Disclosure of Lobbying Activities” form to the USFWS. This form is available at:
https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html. For more information on when additional submission of this form is required, see 43 CFR, Subpart 18.100. These restrictions are not applicable to such expenditures by Indian tribe, 4 of
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8 ATTACHMENT 1
78 tribal organization, or any other Indian organization that is specifically permitted by other Federal law.

Other Mandatory Disclosures: Recipients and subrecipients must disclose, in a timely manner, in writing to the Service Project Officer identified in their notice of award or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Non-Federal entities subject to the 2 CFR 200, Appendix XII—Award Term and Condition for Recipient Integrity and Performance Matters are required to report certain civil, criminal, or administrative proceedings to SAM.

National Policy Encouragements
Executive Order 13043—Increasing Seat Belt Use in the United States Non-Federal entities are encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. Individuals are encouraged to use seat belts while driving in connection with award activities.

E. O. 13513—Federal Leadership on Reducing Text Messaging While Driving Non-Federal entities are encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the order. Individuals are encouraged to not text message while driving in connection with award activities.

AWARD CONDITIONS
Pre-Award Costs
The Service approves the proposed expenditure of pre-award in-kind matching funds starting from the Director’s Memorandum award date of September 29, 2022. The pre-award funds associated with Task 0 shall not exceed $20,000.

1. WSFR Cost Accounting
Cost accounting is at the Grant/project/subaccount level.

2. WSFR ES Match
The Federal share of the total project expenditures cannot exceed 74.7 percent. Recipient is eligible to request Federal obligated funds up to but not in excess of an amount equal to 74.7 percent of the total project expenditures dependent on the job.

3. Indirect Cost Restrictions
The Service conditionally approves the proposed indirect costs on the final approved budget incorporated into this award. The Recipient is prohibited from charging indirect costs to this award until the Recipient provides a copy of their approved negotiated indirect cost rate agreement to the Service Project Officer identified on this notice of award. The Recipient must submit their indirect cost rate proposal to their cognizant agency for indirect costs within 90 calendar days past the award period of performance start date. In the event the recipient does not establish an approved rate by the award period of performance end date, the recipient must contact the Service Project Officer identified on this notice of award to discuss the situation and determine what budget revisions may be required. If the recipient submitted their rate agreement in a timely manner but the cognizant agency delayed processing it, the recipient should provide relevant details to the Service Project Officer.

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8 ATTACHMENT 1
79 Other Program- or Project-Specific Terms and Conditions Per the requirements of the 2022 Notice of Funding Opportunity (NOFO) and the commitment in the grant narrative, this grant award is limited to a three-year Period of Performance and will not be extended for additional time.
2 CFR 200.407 Prior written approval (prior approval).

Under any given Federal award, the reasonableness and allocability of certain items of costs may be difficult to determine. In order to avoid subsequent disallowance or dispute based on unreasonableness or nonallocability, the non-Federal entity may seek the prior written approval of the cognizant agency for indirect costs or the Federal awarding agency in advance of the incurrence of special or unusual costs.

Prior written approval should include the timeframe or scope of the agreement. The absence of prior written approval on any element of cost will not, in itself, affect the reasonableness or allocability of that element, unless prior approval is specifically required for allowability as described under certain circumstances in the following sections of this part:
(a) §200.201 Use of grant agreements (including fixed amount awards), cooperative agreements, and contracts, paragraph (b)(5); Changes to principle investigator, project leader, project partner, or scope of efforts.

5. SPECIAL TERMS AND REQUIREMENTS
Individuals Hiring Contractors
The Recipient has an obligation to protect themselves from potential liability when hiring any contractor to perform work activities approved under this award on property owned by the Recipient by checking references and ensuring that any contractor hired is licensed, bonded, and has valid employee insurance coverage for events of injury or bodily harm. In accordance with 2 CFR 180, for any contract expected to total $25,000 or more the Recipient must confirm that the contractor is not suspended or debarred from receiving Federal funds. The Recipient does this by: 1) checking SAM Exclusions, 2) collecting a certification from the contractor; or 3) adding a clause or condition to the contract. To check SAM Exclusions, go to www.SAM.gov. Search for entities by their UEI number. Search for principal participants by their names. Search for contractors by their business names. If an exclusion is found that prohibits the entity from receiving Federal award funds, the Recipient is prohibited from entering into a subaward with that entity.

1. Individuals Issuing Subawards
In accordance with 2 CFR 180, before issuing any subaward of any amount the Recipient must confirm that the subrecipient and principals or the contractor are/is not suspended or debarred from receiving Federal funds. The Recipient does this by: 1) checking SAM Exclusions, 2) collecting a certification from the subrecipient; or 3) adding a clause or condition to the subaward.

To check SAM Exclusions, go to www.SAM.gov. Search for entities by their UEI number. Search for principal participants by their names. Search for contractors by their business names. If an exclusion is found that prohibits the entity from receiving Federal award funds, the Recipient is prohibited from entering into a subaward with that entity. 2 CFR § 200.331 Subrecipient and contractor determinations. 2 CFR § 200.332 - Requirements for pass-through entities.

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8 ATTACHMENT 1
80 PAYMENTS
Domestic Recipients Enrolled in Treasury’s ASAP System
The recipient will request payments under this award in the U.S. Treasury’s Automated Standard Application for Payment (ASAP) system. When requesting payment in ASAP, your Payment Requestor will be required to enter an Account ID. The number assigned to this award is the partial Account ID in ASAP. When entering the Account ID in ASAP, the Payment Requestor should enter the award number identified in the notice of award, followed by a percent sign (%). Refer to the ASAP.gov Help menu for detailed instructions on requesting payments in ASAP.

1. BUDGET AND PROGRAM REVISIONS
WSFR Budget and Program Revisions
The recipient is permitted to re-budget within the approved direct cost budget to meet unanticipated requirements and may make limited program changes to the approved project. However, certain types of post-award changes in budgets and projects shall require the prior written approval of the Service. Refer to 2 CFR 200.308 for additional information on the types of changes that require prior written approval.

1. REPORT
WSFR Interim Financial Reports
The recipient is required to submit interim financial reports on an annual basis directly in GrantSolutions. The recipient must follow the financial reporting period end dates and due dates provided in GrantSolutions. The interim reporting due dates are available by signing in to GrantSolutions and selecting the menu for Reports>Federal Financial Report. The GrantSolutions financial report data entry fields are the same as those on the SF-425, “Federal Financial Report” form. See also our instructional video on “Completing the Federal Financial Report (SF-425)”.

1. WSFR Interim Performance Reports
The recipient is required to submit interim performance reports on an annual basis directly in GrantSolutions. The recipient must follow the performance reporting period end dates and due dates provided in GrantSolutions. The interim reporting due dates are available by signing in to GrantSolutions and selecting the menu for Reports>FPR.

2. Final Reports
The recipient must liquidate all obligations incurred under the award and submit a final financial report in GrantSolutions no later than 120 calendar days after the award period of performance end date. The GrantSolutions financial report data entry fields are the same as those on the SF-425,
“Federal Financial Report” form. See also our instructional video on “Completing the Federal Financial Report (SF-425)”.

The recipient must submit a final performance report no later than 120 calendar days after the award period of performance end date. Performance reports must contain: 1) a comparison of actual accomplishments with the goals and objectives of the award as detailed in the approved scope of work; 2) a description of reasons why established goals were not met, if appropriate; and 3) any other pertinent information relevant to the project results. Please include the Service award number on all reports.

The recipient must follow the final Federal Financial Report and the final Performance Report reporting period end dates and due

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81 dates provided in GrantSolutions. The final reporting due dates are available by signing in to GrantSolutions and selecting the menu for Reports>Federal Financial Report or Reports>FPR.

Reporting Due Date Extensions
Reporting due dates may be extended for an award upon request to the Service Project Officer identified in the notice of award.

The request should be sent by selecting the award in GrantSolutions and selecting send message. The message must include the type of report to be extended, the requested revised due date, and a justification for the extension. The Service may approve an additional extension if justified by a catastrophe that significantly impairs the award Recipient’s operations. The recipient must submit reporting due date extension requests through GrantSolutions to the Service Project Officer identified in their notice of award before the original due date. The Service Project Officer will respond to the recipient after approval or denial of the extension request.

4. Significant Developments Reports
See 2 CFR §200.329(e). Events may occur between the scheduled performance reporting dates that have significant impact upon the supported activity. In such cases, recipients are required to notify the Service in writing as soon as the recipient becomes aware of any problems, delays, or adverse conditions that will materially impair the ability to meet the objective of the Federal award. This disclosure must include a statement of any corrective action(s) taken or contemplated, and any assistance needed to resolve the situation. The recipient should also notify the Service in writing of any favorable developments that enable meeting time schedules and objectives sooner or at less cost than anticipated or producing more or different beneficial results than originally planned.

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8 ATTACHMENT 1
82 AWARD ATTACHMENTS
CALIFORNIA DEPARTMENT OF FISH & WILDLIFE F23AP00326-00
SF 424 - AFA1.

Budget2.

Project Narr3.

Attachments4.

ATTACHMENT 1
83 OMB Number: 4040-0004
Expiration Date: 12/31/2022
Tracking Number: Funding Opportunity Number: Received Date: Time Zone: GMT-5 ީ
ީ
ە
ީ
ە
ީ
Application for Federal Assistance SF-424 Version 04
* 1. Type of Submission:

Preapplication
Application
Changed/Corrected Application
* 2. Type of Application: * If Revision, select appropriate letter(s):

New
Continuation * Other (Specify)
Revision
* 3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier: * 5b. Federal Award Identifier:

State Use Only:

6. Date Received by State: 7. State Application Identifier:

8. APPLICANT INFORMATION:
*a . L e g a l N a m e :
* b. Employer/Taxpayer Identification Number (EIN/TIN): * c. UEI:
d. Address:
* Street1:

Street2:
* City:

County:
* State:

Province:
* Country:
* Zip / Postal Code:
e. Organizational Unit:

Department Name:

Division Name:
f. Name and contact information of person to be contacted on matters involving this application:

Prefix: * First Name:

Middle Name:
* Last Name:

Suffix:

Title:

Organizational Affiliation:
* Telephone Number: Fax Number:
* Email:
07/13/2022
G229811507/13/2022
941697567 UVKGJ6U1SEG3
California Department of Fish and Wildlife
715 P ST

SACRAMENTO
California

UNITED STATES
95814
Federal Assistance Section
Leslie
Messchaert
Grant Administrator
916-206-5146
[email protected]

Page 6 of 64 ends

S6NT CA 22 HCP Livermore Habitat
msp
ATTACHMENT 1
84 OMB Number: 4040-0004
Expiration Date: 12/31/2022
Tracking Number: Funding Opportunity Number: Received Date: Time Zone: GMT-5 Application for Federal Assistance SF-424 Version 04

9. Type of Applicant 1: Select Applicant Type:

Type of Applicant 2: Select Applicant Type:

Type of Applicant 3: Select Applicant Type:
*O t h e r ( s p e c i f y ) :
* 10. Name of Federal Agency:

11. Catalog of Federal Domestic Assistance Number:

CFDA Title:
* 12. Funding Opportunity Number:
* Title:

13. Competition Identification Number:

Title:

14. Areas Affected by Project (Cities, Counties, States, etc.):
* 15. Descriptive Title of Applicant's Project:

Attach supporting documents as specified in agency instructions.

State Government
DOI-US Fish and Wildlife Service

15.615
F22AS00262
F22AS00262 - Cooperative Endangered Species Conservation Fund: Conservation Planning Assistance Grants Cooperative Endangered Species Conservation Fund
F22AS00262
F22AS00262 - Cooperative Endangered Species Conservation Fund: Conservation Planning Assistance Grants Non-Traditional Section 6 (FY 2022) Livermore Habitat Conservation Plan

Page 7 of 64 ends

ATTACHMENT 1
85 OMB Number: 4040-0004
Expiration Date: 12/31/2022
Tracking Number: Funding Opportunity Number: Received Date: Time Zone: GMT-5 ە
ީ
ީ
Application for Federal Assistance SF-424 Version 04

16. Congressional Districts Of:
* a. Applicant * b. Program/Project:

Attach an additional list of Program/Project Congressional Districts if needed.

17. Proposed Project:
*a . S t a r t D a t e : * b. End Date:

18. Estimated Funding ($):
* a. Federal
* b. Applicant
* c. State
* d. Local
* e. Other
* f. Program Income
* g. TOTAL
* 19. Is Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made available to the State under the Executive Order 12372 P rocess for review on . b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372.
* 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) Yes No

21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the sta tements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to com- ply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims ma y subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ** I AGREE
** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions.

Authorized Representative:

Prefix: * First Name:

Middle Name:
* Last Name:

Suffix:
* Title:
* Telephone Number: Fax Number:
* Email:
* Signature of Authorized Representative: * Date Signed:

Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A-102
ەەەەەە
ީީީީ
ީީީީ
CA 06 CA ALL
08/16/2022 08/16/2025
700000
0 237000
0 0
0 937000
07/13/2022
Nicole
Viehman
Staff Services Manager I
916-207-3987
[email protected]
Ms. Nikita Dudley207812 07/13/2022

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2022-23 2023-24 2024-25 TOTAL

PERSONAL SERVICES POSITION

NUMBER CNO INCUMBENT AMOUNT AMOUNT AMOUNT AMOUNT
Permanent Staff
Position Title 565-019-xxxx-xxx xxxxx Name $0 $0 $0 $0
Position Title 565-019-xxxx-xxx xxxxx Name $0 $0 $0 $0
Position Title 565-019-xxxx-xxx xxxxx Name $0 $0 $0 $0
$0 $0 $0 $0
Permanent Intermittent Staff
Position Title 565-019-xxxx-xxx xxxxx Name $0 $0 $0 $0
Position Title 565-019-xxxx-xxx xxxxx Name $0 $0 $0 $0
$0 $0 $0 $0
Temporary Help (Sci Aides) $0 $0 $0 $0
TOTAL PERSONAL SERVICES $0 $0 $0 $0

OPERATING EXPENSES
General Expenses $0 $0 $0 $0
Minor Equipment (Equipment under $5K per item) $0 $0 $0 $0 Travel/Training $0 $0 $0 $0
C&PS - Interdepartmental $0 $0 $0 $0
C&PS - External $85,500 $234,500 $380,000 $700,000
Task 1. Project Management and Administration $24,500 $24,500 $21,000 $70,000 T
ask 2. Strategic Planning and Determining Scope of HCP $39,000 $78,000 $13,000 $130,000 Task 3. Develop Public Draft HCP $22,000 $132,000 $66,000 $220,000 Task 4. Public Draft CEQA and NEPA Documents and Scoping $0 $0 $280,000 $280,000 Waste Removal $0 $0 $0 $0
Electricity $0 $0 $0 $0
Water $0 $0 $0 $0
Utilities $0 $0 $0 $0
Major Equipment (Equipment over $5K per item) $0 $0 $0 $0 Capital Expenditures $0 $0 $0 $0
Gas/Diesel Fuel $0 $0 $0 $0
Vehicle/Equipment Maintenance & Repair $0 $0 $0 $0
Vehicle/Equipment Parts & Supplies $0 $0 $0 $0
TOTAL OPERATING EXPENSES $85,500 $234,500 $380,000 $700,000 TOTAL OE&E/PERSONAL SERVICES $85,500 $234,500 $380,000 $700,000 *INDIRECT COST RATE (less overhead for Major Equipment, Contracts and PI) $0 $0 $0 $0 *Approved FY 22/23 ICRP. The FY 23/24 proposed ICRP will be submitted to the U.S. Departme 12.96% 12.96% 12.96% TOTAL FEDERAL SHARE $85,500 $234,500 $380,000 $700,000
Federal Share (74.71%) $85,500 $234,500 $380,000 $700,000 State Share (25.29%) (Third Party: City of Livermore) $28,948 $79,395 $128,657 $237,000 NON-TRADITIONAL SECTION 6
Livermore Habitat Conservation Plan
3600XXXX/Project ID - NEW
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PERSONAL SERVICES POSITION

NUMBER CNO PY INCUMBENT ANNUAL
SALARY
GRANT

SALARY BENEFITS MSA
Increase % AMOUNT
Permanent Staff
Position Title 565-019-xxxx-xxx xxxxx 0.0 Name $0 $0 0.000% 0.00% $0 Position Title
565-019-xxxx-xxx xxxxx 0.0 Name $0 $0 0.000% 0.00% $0
Position Title
565-019-xxxx-xxx xxxxx 0.0 Name $0 $0 0.000% 0.00% $0

0.0 Total Permanent Staff Salaries $0
Permanent Intermittent Staff
Hours $/Hr.

Position Title 565-019-xxxx-xxx xxxxx 0.0 Name $0 $0 0.00% 0.00% $0 Position Title
565-019-xxxx-xxx xxxxx 0.0 Name $0 $0 0.00% 0.00% $0
Total Permanent Intermittent Salaries $0
Temporary Help (Sci Aides) N/A N/A #DIV/0! $0 $0 56.341% 0.00% $0 #REF!
TOTAL PERSONAL SERVICES $0 $0 $0 $0 $0

OPERATING EXPENSES
General Expenses $0
Minor Equipment
Equipment under $5K per item $0
Travel/Training $0
C&PS - Interdepartmental $0
C&PS - External $85,500
Task 1. Project Management and Administration $24,500
Task 2. Strategic Planning and Determining Scope of HCP $39,000
Task 3. Develop Public Draft HCP $22,000
Task 4. Public Draft CEQA and NEPA Documents and Scoping $0 Waste Removal $0
Electricity
$0
Water $0
Utilities $0
Major Equipment Equipment over $5K per item $0
Capital Expenditures $0
Gas/Diesel Fuel $0
Vehicle/Equipment Maintenance & Repair $0
Vehicle/Equipment Parts & Supplies $0
TOTAL OPERATING EXPENSES $85,500
TOTAL OE&E/PERSONAL SERVICES $85,500
*INDIRECT COST RATE (less overhead for Major Equipment, Contracts and PI) 12.96% $0 *Approved FY 22/23 ICRP. The FY 23/24 proposed ICRP will be submitted to the U.S. Department of the Interior and is subject to change.

TOTAL FEDERAL SHARE $85,500
Federal Share (74.71%) $85,500
State Share (25.29%) (Third Party: City of Livermore) $28,948 NON-TRADITIONAL SECTION 6
Livermore Habitat Conservation Plan
3600XXXX/Project ID - NEW
ATTACHMENT 1
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2023-24

PERSONAL SERVICES POSITION

NUMBER CNO PY INCUMBENT ANNUAL
SALARY
GRANT

0.0 Total Permanent Staff Salaries $0
Permanent Intermittent Staff
Hours $/Hr.

Position Title 565-019-xxxx-xxx xxxxx 0 Name $0 $0 0.00% 0.00% $0 Position Title
565-019-xxxx-xxx xxxxx 0 Name $0 $0 0.00% 0.00% $0
Total Permanent Intermittent Salaries $0
Temporary Help (Sci Aides) N/A N/A #DIV/0! $0 $0 56.341% 0.00% $0 #REF!
TOTAL PERSONAL SERVICES $0 $0 $0 $0 $0

OPERATING EXPENSES
General Expenses $0
Minor Equipment
Equipment under $5K per item $0
Travel/Training $0
C&PS - Interdepartmental $0
C&PS - External $234,500
Task 1. Project Management and Administration $24,500
Task 2. Strategic Planning and Determining Scope of HCP $78,000
Task 3. Develop Public Draft HCP $132,000
Task 4. Public Draft CEQA and NEPA Documents and Scoping $0 Waste Removal $0
Electricity
$0
Water $0
Utilities $0
Major Equipment Equipment over $5K per item $0
Capital Expenditures $0
Gas/Diesel Fuel $0
Vehicle/Equipment Maintenance & Repair $0
Vehicle/Equipment Parts & Supplies $0
TOTAL OPERATING EXPENSES $234,500
TOTAL OE&E/PERSONAL SERVICES $234,500
*INDIRECT COST RATE (less overhead for Major Equipment, Contracts and PI) 12.96% $0 *Approved FY 22/23 ICRP. The FY 23/24 proposed ICRP will be submitted to the U.S. Department of the Interior and is subject to change.

TOTAL FEDERAL SHARE $234,500
Federal Share (74.71%) $234,500
State Share (25.29%) (Third Party: City of Livermore) $79,395 NON-TRADITIONAL SECTION 6
Livermore Habitat Conservation Plan
3600XXXX/Project ID - NEW
ATTACHMENT 1
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2024-25

PERSONAL SERVICES POSITION

NUMBER CNO PY INCUMBENT ANNUAL
SALARY
GRANT

0.0 Total Permanent Staff Salaries $0
Permanent Intermittent Staff
Hours $/Hr.

OPERATING EXPENSES
General Expenses $0
Minor Equipment
Equipment under $5K per item $0
Travel/Training $0
C&PS - Interdepartmental $0
C&PS - External $380,000
Task 1. Project Management and Administration $21,000
Task 2. Strategic Planning and Determining Scope of HCP $13,000
Task 3. Develop Public Draft HCP $66,000
Task 4. Public Draft CEQA and NEPA Documents and Scoping $280,000 Waste Removal $0
Electricity
$0
Water $0
Utilities $0
Major Equipment Equipment over $5K per item $0
Capital Expenditures $0
Gas/Diesel Fuel $0
Vehicle/Equipment Maintenance & Repair $0
Vehicle/Equipment Parts & Supplies $0
TOTAL OPERATING EXPENSES $380,000
TOTAL OE&E/PERSONAL SERVICES $380,000
*INDIRECT COST RATE (less overhead for Major Equipment, Contracts and PI) 12.96% $0 *Approved FY 22/23 ICRP. The FY 23/24 proposed ICRP will be submitted to the U.S. Department of the Interior and is subject to change.

TOTAL FEDERAL SHARE $380,000
Federal Share (74.71%) $380,000
State Share (25.29%) (Third Party: City of Livermore) $128,657 NON-TRADITIONAL SECTION 6
Livermore Habitat Conservation Plan
3600XXXX/Project ID - NEW
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Endangered Species Act
Nontraditional Section 6 Grant Program
Conservation Planning Assistance
Habitat Conservation Plans
FY2022

Project Narrative

PROJECT TITLE: Livermore Habitat Conservation Plan

PROJECT CONTACTS:

California Department of Fish & Wildlife:

Marcia Grefsrud
(707) 644-2812
[email protected]

U.S. Fish & Wildlife Service:

Stephanie Levins
(916) 414-6578
[email protected]

Ryan Olah
(916) 414-6623
[email protected]

Local:

Mallika Ramachandran
City of Livermore
(925) 960-4511
[email protected]

PROJECT COST:

Federal Share: $700,000
Non-Federal Share: $237,000
Total Cost: $937,000
Non-Federal Share Percentage: 25.29%

** Please note the performance period of this grant is TBD and will be determined once the preliminary awards are announced.

ABSTRACT SUMMARY: The City of Livermore (City) is located in a unique setting in the eastern San Francisco Bay Area where open space, working lands, and urban development meet. These lands include regionally recognized areas that have been designated as Priority Conservation Areas in Alameda County. This part of the Bay Area

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supports habitats of several listed and at-risk plant and wildlife species that are found within and surrounding Livermore City limits.

To address the uniqueness of the habitats within and surrounding the City, this grant will support the development of a City-wide Livermore Habitat Conservation Plan (HCP). The purpose of the Livermore HCP is to establish an efficient and effective approach for the City to maintain existing infrastructure and develop new infrastructure while maintaining regulatory compliance and implementing a thoughtful and comprehensive conservation approach for the area. The Livermore HCP is not anticipated to include coverage for development projects.

Activities under this grant include strategic planning to determine the scope of the Livermore HCP, engage with stakeholders, and determine the conservation strategy. The City anticipates the development of the HCP documents to occur over a three-year period, in a process that will include the writing of an HCP Public Draft, National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) documents, public outreach meetings, and preparing responses to public comments. The City has participated in numerous conservation planning and species mapping efforts in recent years, including the development of the City’s Stream Maintenance Program (SMP), the East Alameda County Conservation Strategy (EACCS), and the East Bay Regional Conservation Investment Strategy (RCIS) that have establish ed a basis of technical knowledge to build upon and incorporate into the HCP development process. The City will coordinate with potential stakeholders with collective interest in the plan implementation including Alameda County, Zone 7 Water Agency, Alameda County Resource Conservation District, East Bay Regional Park District, the County of Alameda, and Livermore Area Recreation and Parks District.

The development and implementation of the Livermore HCP is anticipated to significantly streamline the City’s routine maintenance and capital improvement program (CIP) projects, allowing the City to carry out critical infrastructure projects, such as stream maintenance and road widening, while conserving important habitat and protecting listed and at-risk species, such as California tiger salamander, California red-legged frog, palmate-bracted bird’s beak, and northwestern and southwestern pond turtle in Livermore and the surrounding area. The City anticipates developing an integrated plan that facilitates compliance with other Federal and State regulations to develop the most efficient and comprehensive possible program.

STATEMENT OF NEED: This proposal requests $700,000 in federal grant funds from the Fiscal Year 2022 Cooperative Endangered Species Conservation Fund (Section 6 of the Endangered Species Act) Nontraditional Conservation Planning Assistance Program.

This funding will support the planning phase of the Livermore HCP in Northern California.

The proposed project is aligned with the purpose of the Conservation Planning Assistance Grants Program, supporting development and planning activities of the Livermore HCP including document preparation, public engagement, habitat assessments, and aquatic resource inventories. The ultimate outcome of the effort initiated with funds from this grant is issuance of an incidental take permit (ITP) by United States Fish and Wildlife Service

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(USFWS). Issuance of an ITP is a federal action that requires compliance with NEPA.

Similarly, the City must adopt the HCP and sign the ITP before the HCP may be implemented. These actions are discretionary and require the City to comply with CEQA.

The standard approach for HCP development in California is to develop the NEPA and CEQA documents concurrently (and sometimes as a combined document). Therefore, the proposed project would also support preparation of environmental compliance review documents under NEPA and CEQA, enabling both documents (or a combined document, a decision that will be made with input from USFWS once the scope of the HCP is determined) to be released for public review concurrently.

Livermore is located in a unique setting within the greater Livermore-Amador Valley where open space, working lands, and urban development merge, creating a desirable place for San Francisco Bay Area residents to live, work, and recreate. The area also supports habitats for several listed and at-risk plants and wildlife. The proximity of suitable habitats and open space to urban development creates an annual need for the City to obtain both state and federal species take permits for operation, maintenance and development of public facilities including flood control channels and other basic infrastructure. This process is both time consuming for the City and inefficient for species conservation, typically addressed in yearly cycles as needed, instead of through a comprehensive and long-term conservation vision.

Until recently, the City has been successful in obtaining federal authorization for take of listed species on a project- by-project basis through an Incidental Take Statement (ITS) and Biological Opinion from the USFWS. This process has occurred through a Section 7 consultation with the U.S. Army Corps of Engineers (USACE) for each project or for a collection of projects proposed under the annual work plan for the City’s SMP. However, due to recent changes in how USACE regulates jurisdictional waters under the Clean Water Act (CWA), the USACE has advised the City that the City will not be able to use this approach for all maintenance and infrastructure needs into the future. In addition, the City has encountered Endangered Species Act (ESA) compliance needs that are clearly outside of jurisdictional waters and lack a federal nexus. As such, the City desires to pursue an ESA Section 10 permit by preparing the City-wide programmatic Livermore HCP to address listed species compliance needs in a comprehensive and thoughtful approach to both permitting and conservation. Without a programmatic HCP, the City will be forced to continue procuring piecemeal permits that do not utilize a comprehensive approach to mitigation and conservation. In the absence of a species and habitat focused conservation plan, mitigation and conservation is occurring on a project-by-project basis.

A programmatic HCP will enable the City to identify conservation priorities and implement an intentional conservation strategy that will make the City’s conservation approach more impactful and effective to support larger scale species conservation efforts. As described below, Livermore is a high-priority conservation area for several special-status species, including palmate-bracted bird ’s beak, California tiger salamander, and California red - legged frog. The City is simultaneously beginning a general plan update process. A programmatic HCP will enable the City to appropriately prioritize conservation through the general plan process and other planning efforts and take a comprehensive conservation approach rather than piecemeal project-by-project conservation efforts.

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PURPOSE: The purpose of the Livermore HCP is to establish an efficient and effective approach for the City to meet its operation and maintenance obligations while maintaining regulatory compliance, supporting covered species conservation, and improving aquatic resource management within the Livermore HCP plan area.

This opportunity will help to support the Administration’s priorities of the Build Back Better framework by facilitating the City’s building and maintenance of critical infrastructure, including flood protection and basic services for the community, in a timely and cost- effective manner while minimizing impacts on Livermore’s biological resources. The Livermore HCP supports the America the Beautiful initiative by identifying conservation priorities in the Livermore area and developing a comprehensive conservation approach.

The Livermore HCP will also address climate change mitigation through the protection and restoration of carbon-sequestering habitats.

OBJECTIVES: The following table summarizes the proposed tasks to be accomplished during the period of performance pursuant to the stated need. These objectives include all work required to initiate HCP development through release of the public draft.

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Table 1. Objectives of the Grant Organized by Task
Task Summary Outcome Deliverable(s) Timetable

0. Preliminary
Administrative
Preparation
(Pre-Award
Match)
Develop Consultant Request for
Proposal (RFP) and prepare
consultant contract; preparation and
other administrative tasks to facilitate
progress on Task 1 commencing as
soon as the fully executed payable
grant agreement is in place.

Preliminary documents to support grant:
• Preparation of consultant RFP
• Preparation of City grant-tracking system
• City staff reports/memos to Livermore City
Council
• Memo summarizing preliminary stakeholder
outreach
Notification of
federal grant
award to
executed
payable grant
(Pre-Award
Match)

1. Project
Management
and
Administration
Management of all tasks and
coordination with California
Department of Fish and Wildlife
(CDFW) and USFWS
Invoicing, reporting, grant management, and
coordination with project team
Entire payable
grant

2.Strategic
Planning and
Determining
Scope of HCP
Technical memorandums identifying
the approach to analyses (e.g.,
proposed criteria for approach) and
recommendations for establishing the
fundamental aspects of the HCP.

This task may include field work to
confirm approach.

Memos may include, but are not limited to:
• Stakeholder roles in HCP
• Permit area
• Covered activities
• Covered species
• Take mechanisms, method of take analysis
• Conservation strategy framework and
implementation
• Permit term
Upon receipt of
executed
payable grant
agreement
through Year 1 of
the payable grant

3. Develop
Public Draft
HCP
Preparation of an Administrative Draft
HCP and a Public Draft HCP
Document.

Formal submittal of the Livermore
HCP Public Draft.

The following chapters of the HCP document:
• Ch 1. Introduction
• Ch 2. Physical and Biological Resources
• Ch 3. Land Use and Covered Activities
• Ch 4. Impact Assessment and Level of
Take
• Ch 5. Conservation Strategy
• Ch 6. Conditions on Covered Activities
• Ch 7. Monitoring and Adaptive
Management
Year 2 of the
payable grant

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Task Summary Outcome Deliverable(s) Timetable
• Ch 8. Plan Implementation
• Ch 9. Costs and Funding
• Ch 10. Assurances
• Ch 11. Alternatives to Take
• Ch 12. List of Preparers
• Ch 13. Literature Cited
• Appendices

4. Public Draft
CEQA and
NEPA
Documents
and Scoping
Confirm approach (i.e., type of CEQA
and NEPA documents developed,
schedule)

Preparation of draft NEPA and CEQA
environmental documents.

Hold at least 2 public scoping
meetings and other outreach as
needed
Draft NEPA and CEQA environmental documents
with the following anticipated document structure:
• Executive Summary
• Ch 1. Introduction
• Ch 2. Proposed Action and Alternatives
• Ch 3. Affected Environment
• Ch 4. Environmental Consequences
• Ch 5. Other Required NEPA and CEQA
Analysis
• Ch 6. Consultation and Coordination
• Ch 7. Report Authors and Preparers
• Appendices

Materials to support public outreach, such as:
• PowerPoint presentation, poster boards,
handouts, sign-up sheets, comment cards
and other miscellaneous meeting materials
designed to explain the intent and purpose
for preparing NEPA and CEQA
environmental documents for the Livermore
HCP
Year 3 of the
payable grant

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METHODS/APPROACH: Implementation of all tasks will be overseen by the City and in collaboration with USFWS and CDFW. All tasks will require travel for field work and in- person meetings.

Task 0. Preliminary Administrative Preparation – Pre-Award Match This task will consist of City preparation for grant implementation after the City is notified of the federal grant award but prior to the execution of the payable grant agreement with CDFW. This task will include the preparation of an RFP to hire consultant assistance to develop the HCP and environmental documents, consultant agreement preparation and other administrative tasks to facilitate progress on Task 1 commencing as soon as the payable grant agreement with CDFW is in place. Additional preparation that may fall under this task includes preliminary stakeholder outreach and engagement with City staff and local governing bodies.

Task 1 – Project Management and Administration
This task will consist of project management and administration to coordinate with CDFW and USFWS. Project management will include management of all tasks presented in this scope including meetings, coordination with the project team, and preparation and submittal of deliverables.

Task 2. Strategic Planning and Determining Scope of HCP The City will confirm the scope of the Livermore HCP as part of the first task proposed for this grant. The City will develop a series of memos to help guide discussion with USFWS and CDFW about the content of the Livermore HCP. Memos may include, but are not limited to, the role of stakeholders in HCP implementation and coverage, the permit area, covered activities, method of take analysis and take assessment, conservation strategy, and implementation. Completion of these memos may include field work, but focused species surveys are not proposed as the distribution of suitable species habitats is well known within the City and surrounding areas. The mapping and modeling done as part of the EACCS and the RCIS have already documented suitable habitats, and species distribution is well informed through the implementation of the Stream Maintenance Program.

The Livermore HCP will be designed as an integrated plan to support streamlined permitting for other regulations including the federal CWA and state E SA and Porter- Cologne Water Quality Control Act. At a minimum, the City intends to engage CDFW as a partner in HCP development to ensure that the requirements of the HCP are consistent with California Endangered Species Act (CESA) permitting requirements to facilitate future Section 2081 Incidental Take Permit requirements and ensure conservation and mitigation for state listed species meets state requirements.

Regardless of the final scope of the Livermore HCP, this strategic planning work will rely upon previously completed technical studies relevant to this area. Specifically, the process will build upon, update, and refine the technical studies completed as part of the East Alameda County Conservation Strategy, East Bay Regional Conservation Investment Strategies effort, and the City of Livermore SMP, including land cover data,

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habitat models, and occurrence data. The City will also review, and integrate as appropriate, the conservation goals of the East Bay Regional Conservation Investment Strategy, the Plan Bay Area Priority Conservation Area goals to support the states 30x30 Initiative and other regional conservation planning efforts

Other potential approaches for integrating the facilitation of regulatory compliance with State statues are discussed in the “Magnitude of HCP Impact: Regulatory Streamlining” section below. These approaches will be evaluated in the strategic planning phase.

Task 3. Develop Public Draft HCP
This task first includes the development of an Administrative Draft HCP for USFWS and CDFW review. The next step will be to respond to comments on the Draft HCP from USFWS and CDFW, and to develop the Public Draft HCP. The Public Draft HCP will be made available for public review and comment through the same public review process as required for the Public Draft NEPA and CEQA documents as a formal submittal of the Livermore HCP Public Draft.

Task 4. Public Draft CEQA and NEPA documents and Scoping This task includes working with USFWS to determine the approach NEPA documentation.

The City will select an approach to CEQA that compliments the NEPA approach, although it is assumed the HCP CEQA document will be separate from the NEPA document. Once the approach is determined, including the appropriate type of document and schedule , the City will work with USFWS to initiate NEPA document development and conduct applicable scoping. Once the type of document determined and associated scoping is conducted, the City and USFWS will oversee development of the Public Draft CEQA and NEPA documents, respectively. This task includes holding public meetings as required by NEPA and CEQA regulations. The Public Draft NEPA and CEQA documents will be made available for public review and comment. USFWS will publish a notice of availability (NOA) in the Federal Register.

This task includes the preparation of a PowerPoint presentation designed to explain the intent and purpose for preparing NEPA and CEQA environmental documents for the Livermore HCP to local officials, local agencies, and general public. The task includes poster boards, preparing handouts, sign-up sheets, comment cards and other miscellaneous meeting materials. The task also includes conducting at least two public meetings to solicit public input on the scope of the proposed NEPA and CEQA documentation and Livermore HCP and share the draft Livermore HCP when it is released. Two meetings is the minimum required to comply with NEPA and CEQA public process requirements. A third meeting will be held if determined necessary as a result of the public engagement process.

PROJECT (GRANT) TIMETABLE/MILESTONES:

Task 0. Preliminary Administrative Preparation (Pre-Award Match)This task will consist of City preparation for the project after federal grant award is announced, but prior to the execution of the payable grant with CDFW. Deliverables and timetable are discussed in the Methods/Approach section and Table 1, above.

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Task 1 – Project Management and Administration
This task will consist of project management and administration to coordinate with CDFW and USFWS to manage all tasks presented in this scope including meetings, coordinate with the project team, and preparation and submittal of deliverables. This task will be ongoing during the length of the payable grant.

Task 2. Strategic Planning and Determining Scope of HCP: Strategic planning efforts will commence upon the City receiving the fully executed payable grant with CDFW and will continue through Year 1 of the payable grant . As discussed above, the City will build on the work already completed during development of the East Alameda County Conservation Strategy and SMP, as well as the data that has been collected over the last several years during implementation of the SMP.

Task 3. Develop Public Draft HCP: As the City completes various aspects of Task 2, it will begin to develop the administrative draft of the Livermore HCP document and seek review from the regulatory agencies. Since so much existing information is available from which to draw, the City anticipates concluding Public Draft development by the end of Year 2 of the payable grant . This task also includes formal submittal of the Livermore HCP Public Draft.

Task 4. Public Draft CEQA and NEPA documents and Scoping: Scoping is anticipated to occur at the beginning of Year 3 of the payable grant . Public Draft CEQA and NEPA documents are anticipated to be released for public review by the middle of Year 3 of the payable grant. This task will conclude with submittal of a complete section 10(a)(1)(B) permit application.

Applicant Commitments: Milestones and Period of Performance (PoP): The City commits to submit a complete section 10(a)(1)(B) permit application by the end of the three-year period of performance. The City therefore does not want to retain the ability to request an extension.

DESCRIPTION OF ENTITIES UNDERTAKING THE PROJECT: The City of Livermore is the subrecipient of this grant proposal. The City will hire one or more consultant(s) to support implementation of the project. In addition, the City will engage other partners and/or stakeholders as described below.

The City currently expects to be the sole HCP permittee and has conducted outreach to potential local stakeholders as part of the preparation process for this grant.

Stakeholders in the Livermore HCP planning process are anticipated to include, at a minimum, those listed in the table below.

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Table 2. Stakeholder and Partners for City of Livermore HCP Entity Role Contribution (cash or in-kind)
City of Livermore
HCP Permittee; responsible for
preparation of public draft HCP
and CEQA documents
City of Livermore Senior Civil Engineers will spend approximately 712 hours at a salary of $201 per hour including benefits, City of Livermore Assistant Civil Engineers will spend approximately 285 hours at a salary of $154 per hour including benefits, and City of Livermore Senior Planners will spend approximately 306 hours at a salary of $164 per hour including benefits to support the Habitat Conservation Plan process. The specific job duties which support the HCP include planning, preparing and reviewing studies and documents for the HCP, conducting outreach to possible HCP partners, coordinating and participating in public outreach and stakeholder activities, as well as oversight and management of the entire project.

In total, the City of Livermore plans on donating approximately $237,000 for development of a Livermore HCP.

County of
Alameda
Potential recipient of a
certificate of inclusion; support
implementation of the HCP
HCP review and feedback

Zone 7 Water
Agency
Potential recipient of a
certificate of inclusion, support
implementation of the HCP
HCP review and feedback
Alameda County
Resource
Conservation
District
Potential to support
implementation of the HCP HCP review and feedback
Livermore Area
Recreation and
Parks District
Potential recipient of a
certificate of inclusion; support
implementation of the HCP
HCP review and feedback
East Bay
Regional Park
District
Potential to support
implementation of the HCP HCP review and feedback

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Coordination with USFWS Field Office: The City has been coordinating with the Sacramento USFWS Field Office regarding this effort since 2021 and has annual coordination with them in support of the Stream Maintenance Program. The local Field Office is aware and supportive of the City’s intent to pursue an Incidental Take Permit under Section 10(a)(1)(B) through the HCP process. See Attachment 1 for correspondence.

ANTICIPATED OUTCOMES/ EXPECTED BENEFITS: Similar to how the East Alameda County Conservation Strategy currently works, the City anticipates that CDFW will be involved in the development of the Livermore HCP and that the Livermore HCP will address state listed species permitting and mitigation needs in addition to federal requirements. As such, the HCP is expected to establish an efficient and effective mechanism for the City to meet its operation and maintenance obligations while maintaining regulatory compliance with the ESA, California ESA, and CWA requirements.

The Livermore HCP is anticipated to allow greater local control over conservation in the Livermore area, and result in an integrated and comprehensive approach to species conservation. The Livermore HCP is also expected to provide covered species conservation and improved aquatic resource management within the Livermore HCP plan area, which includes conservation areas of importance, including botanical priority areas for the East Bay and critical breeding habitat for covered and at-risk species. The City anticipates that the HCP will be developed to support the implementation of a forthcoming General Plan update that may include increased emphasis on protecting open space north of the City.

Previous Section 6 Nontraditional Awards: The City of Livermore partnered with CDFW to apply for and was awarded a Non-Traditional HCP Planning Assistance Grant in the early 2000s (roughly 2001). However, the City did not ultimately accept the subgrant or pursue an HCP as the City was not able to secure the support of all the proposed partners to proceed as proposed. Instead of proceeding with the HCP, the City worked with the supportive partners to develop an East Alameda County Conservation Strategy.

This effort resulted in a Section 7 Programmatic Biological Opinion and a regional strategy that is the basis for project implementation and conservation in the region. This strategy goes a long way in streamlining projects; however, there is still a need for a City-wide HCP for projects that cannot be permitted under Section 7. None of the proposed work has been conducted using funding under a previous Section 6 grant.

MAGNITUDE OF SPECIES BENEFITS: HCP PLAN AREA CONSERVATION: The City will determine the final list of covered species for the Livermore HCP as part of this grant.

Species that the City is considering covering under a Citywide Livermore HCP include those listed in Table 3. The magnitude of the benefit is based on the potential for protection, preservation, restoration and/or enhancement of covered species habitat within the plan area during the Livermore HCP term. The amount (in acreage) of species benefits will be defined during the HCP planning process.

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Table 3. Federally Covered Species Proposed under the City of Livermore HCP Covered Species Expected Benefits Magnitude of
Benefit
Benefits (with sources)
Plants
Palmate-bracted
bird’s beak

Cordylanthus
palmatus

Federal Status:

Endangered
The Livermore HCP has the potential to
support preservation of the Springtown Alkali
Sink which includes 1 of 29 known localities
for the species and is the only extant
population in the Livermore Valley.

Per the USFWS 5-Year Review, the
Springtown Alkali Sink is perhaps one of the
most important sites to be protected given
the severity of the threats at the site, as well
as its geographic location in the Livermore
Valley. The 5-Year Review identifies
protection of 75% or more of the population
at Springtown Alkali Sink and 75% or more of
the occupied area and upland habitat for
pollinators within 300 meters of the
population margins is secured and protected.

Restoration actions within suitable habitat will
be considered if lands can also be
preserved.

High

HCP plan
area includes
location for all
critical life
cycle
functions
and HCP will
directly
address more
than one
management
action

The HCP plan area includes the only
extant population in the Livermore Valley.

Palmate bracted birds beak is found the
Springtown Alkali Sink which provides
saline-alkali soils and upland pollinator
habitat required for the species. The HCP
will directly address three management
goals as identified within the USFWS
Recovery Plan and the 5-Year Review

(1) Protection of occupied habitat in
the Springtown Alkali Sink
(2) Support implementation and update
of the 1998 management plan and
(3) Population estimates to document
viability

The Livermore HCP would support
conservation goals identified in the
Recovery Plan, the 5-Year Review
(USFWS 2009a), East Alameda County
Conservation Strategy (ICF International
2010), East Bay Regional Conservation
Investment Strategy (ICF International
2019), and support goals for the East Bay
California Native Plant Society’s
Springtown Botanical Priority Protection
Area (Bartosh et al. 2010).

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Covered Species Expected Benefits Magnitude of
Benefit
Benefits (with sources)

There are known populations of palmate-
bracted birds beak on privately owned
lands within the Springtown Alkali sink that
could be protected under this plan.

Invertebrates
Vernal pool fairy
shrimp

Branchinecta
lynchi

Federal Status:

Threatened
The HCP has the potential to include
preservation of essential vernal pool habitat
including acquisition and protection of
parcels in the Altamont Hills Core Areas
(Livermore) identified in the Vernal Pool
Recovery Plan. Preservation of documented
longhorn fairy shrimp habitat would meet the
Recovery Plan conservation goals and
objectives including fee title purchase or
conservation easement.

Low/Medium

HCP plan
directly
addresses
one
management
action
Implementation of the HCP will result in
the potential for protection of vernal pool
habitats within the Plan Area. The HCP
will directly address the management
actions identified in the Recovery Plan
goals if preservation occurs within
occupied habitat. The extent of occupied
habitat within the Plan Area is unknown,
although it is relatively small as a
percentage of this species range (USFWS
2005).

The magnitude of the benefit is
low/medium as the species is not
anticipated to be highly impacted as part
of the HCP therefore benefits will be
ancillary to protection of habitats for other
covered species.

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Covered Species Expected Benefits Magnitude of
Benefit
Benefits (with sources)
Longhorn fairy
shrimp

Branchinecta
longiantenna

Federal Status:

Endangered
The HCP has the potential to include
preservation of essential vernal pool habitat
including acquisition and protection of
parcels in the Altamont Hills Core Areas
(Livermore) identified in the Vernal Pool
Recovery Plan. Preservation of documented
longhorn fairy shrimp habitat would meet the
Recovery Plan conservation goals and
objectives including fee title purchase or
conservation easement.

Low/Medium

HCP plan
directly
addresses
one
management
action
Implementation of the HCP will result in
the potential for protection of vernal pool
habitats within the Plan Area. The HCP
will directly address the management
actions identified in the Recovery Plan
goals if preservation occurs within
occupied habitat. The extent of occupied
habitat within the Plan Area is unknown,
although conservation would contribute
significantly as this species range is
relatively small (USFWS 2005).

Western bumble
bee

Bombus
occidentalis
occidentali

Federal Status:

At-Risk
Protection and management of suitable
grassland habitat. Restoration and
enhancement activities could be evaluated
where appropriate.

Low

HCP plan
area includes
the location
for one critical
life cycle
functions
The HCP will protect and manage suitable
grassland habitat. Occupancy of the
species is unknown and a small
percentage of this species’ historic range
occurs within the Plan Area (The Xerces
Society et al. 2018).

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Covered Species Expected Benefits Magnitude of
Benefit
Benefits (with sources)
Monarch
butterfly

Danaus plexippus
plexippus

Federal Status:

Candidate (Listing
warranted but
precluded in
2020)
Protection and management of suitable
habitat where host plants are found.

Restoration and enhancement activities
could be evaluated where appropriate.

Low

Ambystoma
californiense

Federal Status:

Threatened
The Livermore HCP will preserve high quality
occupied breeding and upland habitat for
dispersal and refuge within the Plan Area.

The Plan Area is within the Central Valley
Distinct Population Segment, part of the
Central Valley Recovery Unit and within the
Concord/Livermore Management Unit. This
HCP would continue to support preservation
opportunities in the North Livermore, Doolan
Canyon and Springtown areas in the Arroyo
Las Positas Watershed and within the Arroyo
del Valle and Arroyo Mocho watersheds.

Enhancement activities within these areas
could also support continued persistence of
the species and the metapopulation
dynamics.

High

HCP plan
area includes
the location
for all critical
life cycle
functions and
HCP will
directly
address more
than one
management
action
The HCP plan area includes the location
for all critical life cycle functions of the
species – breeding (livestock ponds),
feeding and sheltering (small mammal
burrows within a matrix of grazed upland
grassland habitat).

The HCP will directly address multiple
management goals as identified within the
USFWS Recovery Plan including:

(1) Protection of occupied habitat to
maintain current distribution of the
species
(2) Development of adaptive
management and monitoring plans
in protected habitats

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Covered Species Expected Benefits Magnitude of
Benefit
Benefits (with sources)
(3) Monitoring trends in population
health and habitat loss in the HCP
plan area

Implementation of the Livermore HCP will
result in protection of occupied habitats
and continue to work towards the Central
Valley Recovery Unit and
Concord/Livermore Management Unit
goals for delisting (USFWS 2017). Within
this Management Unit, the target
acreages for protected habitat have been
met but the other delisting criteria must be
met for the management unit to be
considered recovered. The majority of the
protected lands within the Management
Unit are outside of the Plan Area and the
efforts for protection and enhancement
would support both local and regional
connections between key habitat areas
and existing protected areas.

Foothill yellow-
legged frog

Rana boylii

Federal Status:

At-Risk

Central Coast
Distinct
The HCP plan area is within the Central
Coast Distinct Population segment (DPS).

The Livermore HCP has the potential for
protection and management of suitable
stream habitats and associated uplands
especially within the Arroyo Mocho
watershed within the Central Coast DPS.

Restoration and enhancement activities
could be evaluated where appropriate.

Medium

HCP plan
area includes
the location
for all critical
life cycle
functions but
magnitude of
the benefit is
The HCP plan area includes the location
for all critical life cycle functions of the
species – breeding, feeding and sheltering
(rocky cobble stream habitat in the Arroyo
Mocho).

The Livermore HCP has the potential to
protect and manage suitable stream
habitat within the CDFW CESA
Endangered Western/Central Coast Clade

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Covered Species Expected Benefits Magnitude of
Benefit
Benefits (with sources)
Population
Segment
Proposed for
Listing December
2021
ancillary to
other covered
species
protection.
(CDFW 2019) where a small percentage
of suitable habitat is protected.

The magnitude of the benefit is medium
as the species is not anticipated to be
highly impacted as part of the HCP
therefore benefits will be ancillary to
protection of habitats for other covered
species.

California red-
legged frog

Rana draytonii

Federal Status:

Threatened
The Livermore HCP will preserve occupied
breeding and upland habitat for dispersal and
refuge within the Plan Area and support
restoration of natural communities that have
been degraded or lost over time where
possible. The Plan Area is within the South
and East San Francisco Bay Recovery Unit,
and the East San Francisco Bay Core
Recovery Area.

This HCP would continue to support
preservation opportunities in the North
Livermore, Doolan Canyon and Springtown
areas in the Arroyo Las Positas Watershed
and within the Arroyo del Valle and Arroyo
Mocho watersheds. Enhancement and
restoration activities within these areas
including within City owned streams and
channels could also support continued
persistence of the species and the
metapopulation dynamics.

High

HCP plan
area includes
the location
for all critical
life cycle
functions and
HCP will
directly
address more
than one
management
action
The HCP plan area includes the location
for all critical life cycle functions of the
species – breeding, feeding and sheltering
(livestock ponds, wetlands, streams,
grazed upland grassland habitat).

The HCP will directly address multiple
conservation needs as identified within the
USFWS Recovery Plan for the East San
Francisco Bay Core Area including:

(1) Protect existing populations,
(2) Avoid and reduce impacts of
urbanization
(3) Protect habitat buffers from nearby
urbanization

The South and East Bay Recovery Unit is
considered to have a high potential for
recovery status if recovery actions are
implemented (USFWS 2002a). The high
potential for recovery status it based on

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Covered Species Expected Benefits Magnitude of
Benefit
Benefits (with sources)
many existing populations, many areas of
high habitat suitability, low to high levels of
threats. The Livermore HCP will support
existing regional planning goals including
the City’s General Plan, East Alameda
County Conservation Strategy and East
Bay Regional Conservation Investment
Strategy. Preservation of suitable habitats
within the East San Francisco Bay Core
Recovery Area will contribute towards
federal recovery program goals.

Western
spadefoot toad

Spea hammondii

Federal Status:

At-Risk
Potential for protection and management of
suitable stream habitats and associated
uplands, especially within the Arroyo Seco
watershed. Restoration and enhancement
activities could be evaluated where
appropriate.

Low/Medium

HCP plan
area includes
the location
for all critical
life cycle
functions but
magnitude of
the benefit is
ancillary to
other covered
species
protection.

The HCP plan area includes the location
for all critical life cycle functions of the
species – breeding, feeding and sheltering
(grassland and riparian habitat).

The Livermore HCP will protect and
manage suitable grassland and riparian
habitat. The species was observed in the
Arroyo Seco at Sandia Labs in the 1980s,
although current occupancy of the species
is unknown (CNDDB 2021, #404). A small
percentage of this species’ historic range
occurs within the Plan Area (Thomson et
al. 2016).

The magnitude of the benefit is
low/medium as the species is not
anticipated to be highly impacted as part
of the HCP therefore benefits will be

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Covered Species Expected Benefits Magnitude of
Benefit
Benefits (with sources)
ancillary to protection of habitats for other
covered species.

Reptiles
Northwestern
pond turtle

Actinemys
marmorata

Federal Status:

At-Risk
Protection and management of suitable and
occupied habitat. Enhancement and
restoration activities within these areas
including within City owned streams and
channels could also support continued
persistence of the species.

High

HCP plan
area includes
the location
for all critical
life cycle
functions and
HCP will
directly
address more
than one
management
action
The HCP plan area includes the location
for all critical life cycle functions of the
species – breeding, feeding and sheltering
(livestock ponds, wetlands, streams,
grazed upland grassland habitat).

The HCP will directly address multiple
management goals as identified within the
current Western Pond Turtle Range-wide
Management Strategy including:

(1) Secure long term conservation
(2) Ameliorate and manage threats
(3) Contribute to distribution and
abundance surveys

The Livermore HCP will protect and
manage aquatic habitat and adjacent
upland habitat which will provide direct
benefits towards the Western Pond Turtle
Range-wide Management Strategy within
the species’ range (ICF International
2010, Thomson et al. 2016).

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Covered Species Expected Benefits Magnitude of
Benefit
Benefits (with sources)
Southwestern
pond turtle

Actinemys pallida

Federal Status:

High

HCP plan
area includes
the location
for all critical
life cycle
functions and
HCP will
directly
address more
than one
management
action
The HCP plan area includes the location
for all critical life cycle functions of the
species – breeding, feeding and sheltering
(livestock ponds, wetlands, streams,
grazed upland grassland habitat).

The HCP will directly address multiple
management goals as identified within the
current Western Pond Turtle Range-wide
Management Strategy including:

(1) Secure long term conservation
(2) Ameliorate and manage threats
(3) Contribute to distribution and
abundance surveys

The Livermore HCP will protect and
manage aquatic habitat and adjacent
upland habitat which will provide direct
benefits towards the Western Pond Turtle
Range-wide Management Strategy within
this species range (ICF International 2010,
Thomson et al. 2016). Alameda County is
within the northern most part of this
species range (WPTRCC 2020).

Alameda
whipsnake

Masticophis
lateralis
euryxanthus
The Livermore HCP has the potential to
preserve core and dispersal habitat for
Alameda whipsnakes within and adjacent to
Recovery Units 4 and 5. Preservation of
suitable habitat in the Arroyo Las Positas
watershed adjacent to Los Vaqueros
Medium

HCP plan
area includes
the location
for all critical
The Livermore HCP will create
opportunities to protect land within
Recovery Units 4 and 5 which will
contribute towards some protections for
populations, contribute to recovery, or
help preclude the need to list, but other

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Covered Species Expected Benefits Magnitude of
Benefit
Benefits (with sources)

Federal Status:

Threatened
Watershed Lands in Recovery Unit 4 and in
South Livermore in the Arroyo Mocho and
Arroyo del Valle watersheds near Recovery
Unit 5 could support recovery plan goals of
ensuring long-term protection of identified
lands in Recovery Units, and protection in
perpetuity of strategically situated focus
areas.
life cycle
functions but
magnitude of
the benefit is
ancillary to
other covered
species
protection.
actions are still necessary to achieve
these goals (USWFS 2002b).

Mammals
Little brown bat

Myotis lucifigus

Federal Status:

At-Risk
The Livermore HCP has the potential to
preserve riparian habitats for which the little
brown bat uses for roosting. Preservation of
lands with structures could also benefit the
species as they use buildings and attics as
day, night and maternity roost sites.

Medium

HCP plan
area includes
the location
for two critical
life cycle
functions
The HCP plan area includes the location
for two critical life cycle functions of the
species – feeding and sheltering (streams
and riparian tree habitat).

Implementation will result in preservation
of suitable riparian habitats which provide
important foraging habitat and tree
bark/hollow roost sites (CDFW 2005,
Johnson et al 2019).

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Covered Species Expected Benefits Magnitude of
Benefit
Benefits (with sources)
San Joaquin kit
fox

Vulpes macrotis
mutica

Federal Status:

Endangered
In the Plan Area preservation of suitable
breeding and upland habitat. Within those
areas, coordinate efforts to produce suitable
habitat that creates connectivity with the S1-
Alameda, Contra Costa, San Joaquin
Satellite Recovery Area could be of benefit.

Low Implementation of the Livermore HCP will
result in the potential for protection of
suitable grassland habitats within the Plan
Area (USFWS 1998, USFWS 2008).

Coordinated efforts could prioritize
connectivity and wildlife crossings. The
Species Status Assessment completed in
2020 provided an analysis on the current
condition of San Joaquin kit foxes across
geographic units. The “Livermore” units
current conditions is “very low” and
suggests that the population has a low
probability of persistence (high extirpation
risk). This species is included since it is a
currently federally listed species for which
habitat impacts may require federal
permitting unless the listing status
changes during the Livermore HCP term.

* Actinemys marmorata is currently listed as an At-Risk species by the Service, however, the Service is currently evaluating both A. marmorata and A. pallida for potential listing under the ESA (R. Olah, personal communication). Both species occur in Alameda County (WPTRCC 2020) and are therefore both included in the table to be evaluated under the HCP.

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MAGNITUDE OF HCP IMPACT: REGULATORY STREAMLINING: The Livermore HCP will be essential to the City continuing to implement its necessary operations and maintenance activities while meeting regulatory requirements. The primary goal of the Livermore HCP is to pursue an ESA Section 10(a)(1)(B) permit by preparing a City-wide programmatic HCP to address listed species compliance needs through a comprehensive and thoughtful approach to both permitting and conservation. This would streamline the City’s current permitting process for both routine maintenance and CIP projects, allowing the City to carry out projects that impact listed and at-risk species without writing an annual Biological Analysis and permitting process, while achieving higher quality conservation. For CIP projects, the City anticipates the Livermore HCP will significantly reduce the time delays in project implementation due to permitting needs, saving 12 months on average for projects requiring a project-level HCP. Over a 30-year HCP term, the City estimates saving approximately $6 million through regulatory streamlining due to reduced staff effort and consultant costs, as well as establishing a more efficient mitigation approach. Simultaneously, the City will benefit from reduced project delays and an improved ability to proactively maintain infrastructure and carry out projects that benefit the public.

The Livermore HCP development process will capitalize on the opportunity to streamline regulatory processes for related regulations at the state and federal level. The City currently expends significant annual resources to meet regulatory requirements for its Stream Maintenance Program and CIP projects. The Livermore HCP can be designed as an integrated plan to support streamlined permitting for other regulations including the federal CWA and state ESA and Porter-Cologne Water Quality Control Act. At a minimum, the City intends to engage CDFW as a partner in HCP development to ensure that the requirements of the HCP are consistent with CESA permitting requirements to facilitate future CESA permits, similar to how the current East Alameda County Conservation Strategy works. To address aquatic resource permitting, the HCP could be designed as a Watershed Plan to support the California Regional Water Quality Control Board (RWQCB) CWA 401 Water Quality certification and Waste Discharge Requirement needs and could be used to support a Regional General Permit to address CWA Section 404 compliance. For all of these programs, a standardized suite of best management practices and mitigation measures could be developed to address species habitat as well as aquatic resource protection, restoration, and enhancement. The City will explore various mitigation options, including advance mitigation based on regional conservation priorities as established by the recently approved East Bay Regional Conservation Investment Strategy.

LOCATION/MAPS: The City will determine the Livermore HCP plan area as part of the strategic planning conducted under this grant. The City expects that the Plan Area will include the current city limits, which encompasses approximately 17,000 acres, and portions of the surrounding watersheds within Alameda County that overlap city limits.

Figure 1 provides a map of the City limits, the City’s General Plan Planning Area, and surrounding watersheds within a regional context.

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The lands in the greater Livermore area are typified by steep to rolling hills declining in slope as they progress toward the Livermore Valley they surround. The Livermore Valley is a moderately sloped to relatively flat valley that drains west ultimately into Alameda Creek and into San Francisco Bay. Elevation of the area ranges from approximately 300 to 600 feet above mean sea level. The greater Livermore Area supports 188 predominant land cover types, which were identified based on the East Alameda County Conservation Strategy (ICF International 2010) vegetation community and land cover data in combination with more focused ground-truthing where mapping conflicts were identified.

Within the Plan Area, natural land cover types include alkali meadow and scalds, California annual grassland, mixed riparian forest and woodland, mixed willow riparian scrub, mixed evergreen forest/oak woodland, sycamore alluvial woodland, valley sink scrub, alkali wetland, perennial freshwater marsh, seasonal wetland, pond, and riverine stream and non-natural land cover types include vineyard, cropland, ruderal land, golf course/urban park, urban-suburban, and rural residential.

INFORMATION TO SUPPORT ENVIRONMENTAL COMPLIANCE REVIEW
REQUIREMENTS:
• ESA: The purpose of this grant is to support development of an HCP compliant with ESA Section 10(a)(1)(b). The HCP has not yet been initiated so detailed conservation measures are not yet identified. However, as required by the ESA and other California species protection laws, the City anticipates that the HCP will include conditions on covered activities that are designed to avoid or minimize take. It is expected that these conditions on covered activities (also called avoidance and minimization measures) will be consistent with those included in the East Alameda County Conservation Strategy Biological Opinion. The work proposed under this project does not, in and of itself, require ESA compliance. No impacts anticipated. • NEPA: NEPA is required for issuance of the ESA incidental take permit and work to complete NEPA is proposed. The work proposed under this project does not, in and of itself, require NEPA compliance. No impacts are anticipated. • National Historic Preservation Act (NHPA): No impacts anticipated. • Bald and Golden Eagle Protection Act: No impacts anticipated.

BUDGET NARRATIVE: Please see the attached 2022–2025 Multi-Year Budget for details on project cost. Partial funding for the project is practicable; however, if the project is not fully funded, additional funding would need to be identified and allocated causing completion of the HCP development and its attendant benefits to be delayed. See the task summary table, below, for a breakdown of project costs over the grant period.

General Expenses ($0): This project does not include any general expenses.

Minor Equipment ($0): This project does not require any minor equipment.

Major Equipment ($0): This project does not require any major equipment.

Travel/Training ($0): This project does not require any travel/training.

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External Contracts ($700,000 ): An external contract will be extended to the City (the subrecipient), and the City will subcontract to one or more consultants. The external contract with the City will include time for the City’s consultants. The external contract will also include miscellaneous direct costs associated with printing, mailing/shipping, meeting supplies, travel expenses, and other minor expenses as incurred.

Useful life ($0): This project does not include any capital improvements.

Program Income ($0): This project will not generate any Program Income revenue.

Match Description ($237,000 ): The sub-grantee (City of Livermore) will be providing third party match as staff support in the amount of $ 237,000 during the duration of the grant This constitutes a 25.29% in-kind match (see Attachment 2).

CONFLICT OF INTEREST DISCLOSURE: There are no conflicts of interest in this proposal.

UNIFORM AUDIT REPORTING STATEMENT: CDFW submitted a Single Audit Report to the California Department of Finance (DOF) for the most recently closed Fiscal Year. DOF compiles and submits a single Audit Report on behalf of the State of California. The report is available on the DOF website, located here:
https://dof.ca.gov/programs/osae/california-single-audit-and-state-leadership- accountability-reports/

DISCLOSURE OF LOBBYING ACTIVITIES: No conflict.

OVERLAP OR DUPLICATION OF EFFORT STATEMENT: There are no overlaps or duplication between this application and any of our other Federal applications or funded projects, including in regard to activities, costs, or time commitment of key personnel. The City understands that if at any time the City receives funding from another source that is duplicative of the funding that is being requested from the U.S. Fish and Wildlife Service in this application, the City will immediately notify the U.S. Fish and Wildlife Service point of contact identified in this funding opportunity in writing.

INDIRECT COST STATEMENT: CDFW is a U.S. State government entity receiving more than $35 million in direct Federal funding each year. The indirect cost rate proposals are submitted to the U.S. Department of the Interior. Currently, the approved FY22/23 rate is

12.96%. The future FY rate will be submitted for approval and is subject to change.

LITERATURE CITED:

Bartosh, H., Naumovich, L and Baker L. 2010. A Guidebook to Botanical Priority Protection Areas of the East Bay. East Bay Chapter of the California Native Plant Society.

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California Department of Fish and Wildlife (CDFW). 2019. Report to the Fish and Game Commission, A status review of the Foothill yellow-legged frog ( Rana boylii ) in California.

California Department of Fish and Wildlife (CDFW). 2005. Little Brown Bat ( Myotis lucifigus) Life History Account. California Wildlife Habitat Relationships Systems, California Interagency Wildlife Task Group

ICF International. 2010. East Alameda County Conservation Strategy . Final Draft.

October. (ICF 00906.08.) San Jose, CA. Prepared for: East Alameda County Conservation Strategy Steering Committee, Livermore, CA.

ICF International. 2019. Public Draft, East Bay Regional Conservation Investment Strategy. February. (ICF 110.16.) San Jose, CA. California State Coastal Conservancy, Oakland, CA.

Jepsen, S., D. Schweitzer, B. Young, N. Sears, M. Ormes, and S. Black. 2015.

Conservation Status and Ecology of Monarchs in the United States. 36pp. NatureServe, Arlington, VA, and the Xerces Society for Invertebrate Conservation, Portland, OR.

Johnston, Dave S., Kim Briones, and Christopher Pincetich. 2019. California Bat Mitigation: A guide to developing feasible and effective solutions. H. T. Harvey & Associates, 298 University Ave., Bldg D, Los Gatos, CA., California Department of Transportation, Office of Biological Studies, 1120 N St, Sacramento, CA. Task Order 7, Agreement No. 43A0355.

Orloff, S., F. Hall, and L. Spiegel. 1986. Distribution and Habitat Requirements of the San Joaquin Kit Fox in the Northern Extreme of Their Range. Transactions of the Western Sect of the Wildlife Society 22:60–70.

Thomson, R., A. Wright and H.B. Shaffer. 2016. California Amphibian and Reptile Species of Special Concern. University of California Press, Oakland, CA.

U.S. Fish and Wildlife Service (USFWS). 1998. Recovery Plan for Upland Species of the San Joaquin Valley, California. Region 1, Portland, OR.

USFWS. 2002a. Recovery Plan for the California Red-Legged Frog ( Rana aurora draytonii). Region 1, Portland, OR.

USFWS. 2002b. Draft Recovery Plan for Chaparral and Scrub Community Species East of San Francisco Bay, California. Region 1, Portland, OR.

USFWS. 2004. Endangered and threatened wildlife and plants; determination of threatened status for the California tiger Salamander; and special rule exemption for existing routine Ranching Activities; Final Rule. Federal Register 69: 47212.

Department of Agriculture.

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USFWS. 2005. Recovery Plan for Vernal Pool Ecosystems of California and Oregon.

Portland, Oregon. xxvi + 606 pages.

USFWS. 2006. Endangered and threatened wildlife and plants: determination of critical habitat for the California red-legged frog. 71 FR 19243-19346.

USFWS. 2009a. Palmate- bracted bird’s -beak ( Cordylanthus palmatus = Chloropyron palmatum) 5-Year Review: Summary and Evaluation.

USFWS. 2017. Recovery Plan for the Central California Distinct Population Segment of the California Tiger Salamander ( Ambystoma californiense ). U.S. Fish and Wildlife Service, Pacific Southwest Region, Sacramento, California. v + 69pp.

USFWS. 2020b. Species Status Assessment for the San Joaquin kit fox (Vulpes macrotis mutica) Version 1.0. August 2020, U.S. Fish and Wildlife Service

Western Pond Turtle Range-wide Conservation Coalition (WPTRCC). 2020. Western Pond Turtle Range-wide Management Strategy. 24 pp.

Xerces Society for Invertebrate Conservation, Defenders of Wildlife, Center for Food Safety. 2018. A Petition to the State of California Fish and Game Commission to List the Crotch bumble bee ( Bombus crotchii), Franklin’s bumble bee ( Bombus franklini), Suckley cuckoo bumble bee ( Bombus suckleyi ) and western bumble bee ( Bombus occidentalis occidentalis) as Endangered under the California Endangered Species Act.

PREPARED BY:

California Department of Fish and Wildlife and
City of Livermore

DATE: 6/21/2022

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Upload #7
Applicant: California Department of Fish and Wildlife
Application Number: FWS-ES2022004420
Project Title: Non-Traditional Section 6 (FY 2022)
Livermore Habitat Conservation Plan
Status: Submitted
Document Title: SF424 B

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SECTION A - BUDGET SUMMARY
$
BUDGET INFORMATION - Non-Construction Programs OMB Number: 4040-0006 Expiration Date: 02/28/2025
Grant Program
Function or
Activity
(a)
Catalog of Federal
Domestic Assistance
Number
(b)
Estimated Unobligated Funds New or Revised Budget
Federal
(c)
Non-Federal
(d)
Federal
(e)
Non-Federal
(f)
Total
(g)

5. Totals

4. 3.

2. 1. $$$$
$ $ $ $
Cooperative
Endangered Species
Conservation Fund:

Conservation
Planning Assistance
Grants

15.615 700,000.00 237,000.00 937,000.00
700,000.00 237,000.00 937,000.00$
Standard Form 424A (Rev. 7- 97)
Prescribed by OMB (Circular A -102) Page 1
ATTACHMENT 1
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SECTION B - BUDGET CATEGORIES

7. Program Income
d. Equipment
e. Supplies
f. Contractual
g. Construction
h. Other
j. Indirect Charges
k. TOTALS (sum of 6i and 6j)
i. Total Direct Charges (sum of 6a-6h)
(1)
Authorized for Local Reproduction
Prescribed by OMB (Circular A -102) Page 1A
Standard Form 424A (Rev. 7- 97)

GRANT PROGRAM, FUNCTION OR ACTIVITY
(2) (3) (4) (5)
Total6. Object Class Categories
a. Personnel
b. Fringe Benefits
c. Travel
2022 Non-Traditional
Section 6 Livermore
Habitat Conservation
Plan
700,000.00
700,000.00

0.00 700,000.00
700,000.00
700,000.00

0.00 700,000.00
$$$$$
$$$$$
$$$$$
$
$
ATTACHMENT 1
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SECTION D - FORECASTED CASH NEEDS

14. Non-Federal

SECTION C - NON-FEDERAL RESOURCES
(a) Grant Program (b) Applicant (d) Other Sources(c) State (e)TOTALS $
$
$$ $
$
$
$
$
$8.

9. 10.

11. 12. TOTAL (sum of lines 8-11)

15. TOTAL (sum of lines 13 and 14)

13. Federal
Total for 1st Year 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 85,500.00
28,948.00
114,448.00
21,375.00
7,237.00
28,612.00
21,375.00
7,237.00
28,612.00
21,375.00
7,237.00
28,612.00
21,375.00
7,237.00
28,612.00
$$
$$ $
$$ $ $

FUTURE FUNDING PERIODS (YEARS)

SECTION F - OTHER BUDGET INFORMATION

SECTION E - BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT Authorized for Local Reproduction
$
$
$$
$
$16.

17. 18.

19. 20. TOTAL (sum of lines 16 - 19)

21. Direct Charges: 22. Indirect Charges:

23. Remarks:
(a) Grant Program
(b)First (c) Second (d) Third (e) Fourth
234,500.00 380,000.00
234,500.00 380,000.00
$0$700,000.00
ICRP for FY 2022/23 was approved at 12.96%. The FY 2023/24 proposed ICRP will be submitted to the U.S. Department of the Interior and is subject to change.
$$
Standard Form 424A (Rev. 7- 97)
Prescribed by OMB (Circular A -102) Page 2
ATTACHMENT 1
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Livermore, CA
January 2021
Figure 1 - City of Livermore
Streams and Watersheds
Corral Hollow
Creek Watershed
Old River
Watershed
Kellogg Creek-Big
Break Watershed
Walnut Creek-Frontal
Suisin Bay
Estuaries Watershed
Arroyo Las
Positas
Watershed
Arroyo Mocho Canal
Watershed
Arroyo del Valle
Watershed
Arroyo de
la Laguna
Watershed
San Antonio Creek
Watershed
Arroyo Mocho
Watershed
Chain of Lakes
Arroyo Las Positas
Altamont Crk
Cayetano Crk
Collier Canyon Crk
Arroyo Mocho
Arroyo Seco
Arroyo del Valle
Vineyard Crk
0 20
Miles
"

L I V E R M O R E
580
0 2 4
Miles
±
Creeks and Streams (USGS NHD)
Livermore City Limits
COL General Plan Area
Protected Land (Multiple Sources)
Alameda Creek subwatersheds
Watershed Boundaries (USGS HUC-10)
San Francisco Bay Watershed (USGS HUC-6)
84 Arroyo de la Laguna
Contra Costa Cou
nty
Alameda Cou
nty
San Joaquin County
Alameda County

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CERTIFICATION of NON-FEDERAL CONTRIBUTIONS (ESTIMATE)

THIRD PARTY MATCH
Federal Grant #
Match % State Share Match %

74.71% $237,000.00 25.29%
Project Reporting Structure
Date Total Value
FY22-25 $20,000
FY22 $24,000
FY22-23 $74,000
FY22-23 $85,000
FY23-25 $34,000
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$237,000
$237,000
Date
FAS Grant #
(Assigned by FAS)
Federal Project# (Assigned by ASB) Grant Term (Start Date - End Date) G2298115 Upon approval
Federal Agency Federal Grant Program
United States Fish and Wildlife Service
Cooperative Endangered Species Conservation Fund: Conservation Planning Assistance
Federal Grant Title
City of Livermore
SUMMARY OF DONATED MATERIALS - Value of donated materials, goods and services must be provided on official business letterhead- signed and dated. (Documentation must be maintained with Project Lead and in GMB project file).

Sponsor/Donor Brief Description
Livermore Habitat Conservation Plan
Total Grant Value (with all match sources) Federal Share State share must correspond with
summary below$937,000 $700,000
Project's Project
ID
Project Title
City of Livermore Staff support - Task 0
City of Livermore Staff support - Task 4
Staff support - Task 3
City of Livermore Staff support - Task 1
Printed Name Project Lead Signature Contact Email or Phone Staff support - Task 2
City of Livermore
Marcia Grefsrud [email protected]
Total value of Donated Materials contributed to Federal Project = TOTAL VALUE OF THIRD PARTY NON-FEDERAL CONTRIBUTIONS =
Certification: I certify that to the best of my knowledge that this Certification of Nonfederal Contributions is correct, has no federal nexus, and is directly related to the objectives of the project. I also certify that support documents are available in the project's file.

FAS Staff Match and/or Expenses Certification Form (rev. 04/2020) Please refer to FAS Non-Federal Contributions (State Match) Procedures DocuSign Envelope ID: 79D76EF0-4382-499A-8D6A-48DD43CC38C1 7/1/2022

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Endangered Species Act
Nontraditional Section 6 Grant Program
Conservation Planning Assistance
Habitat Conservation Plans
FY2022
Project Narrative
PROJECT TITLE: Livermore Habitat Conservation Plan
PROJECT CONTACTS:

California Department of Fish & Wildlife:

Marcia Grefsrud
(707) 644-2812
[email protected]
U.S. Fish & Wildlife Service:

Stephanie Levins
(916) 414-6578
[email protected]
Ryan Olah
(916) 414-6623
[email protected]
Local:

Mallika Ramachandran
City of Livermore
(925) 960-4511
[email protected]
PROJECT COST:

Federal Share: $700,000
Non-Federal Share: $237,000
Total Cost: $937,000
Non-Federal Share Percentage: 25.29%
** Please note the performance period of this grant is TBD and will be determined once the preliminary awards are announced.

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supports habitats of several listed and at-risk plant and wildlife species that are found within and surrounding Livermore City limits.

This funding will support the planning phase of the Livermore HCP in Northern California.

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(USFWS). Issuance of an ITP is a federal action that requires compliance with NEPA.

Similarly, the City must adopt the HCP and sign the ITP before the HCP may be implemented. These actions are discretionary and require the City to comply with CEQA.

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The Livermore HCP will also address climate change mitigation through the protection and restoration of carbon-sequestering habitats.

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Table 1. Objectives of the Grant Organized by Task
Task Summary Outcome Deliverable(s) Timetable

This task may include field work to
confirm approach.

3. Develop
Public Draft
HCP
Preparation of an Administrative Draft
HCP and a Public Draft HCP
Document.

Formal submittal of the Livermore
HCP Public Draft.

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4. Public Draft
CEQA and
NEPA
Documents
and Scoping
Confirm approach (i.e., type of CEQA
and NEPA documents developed,
schedule)

Preparation of draft NEPA and CEQA
environmental documents.

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METHODS/APPROACH: Implementation of all tasks will be overseen by the City and in collaboration with USFWS and CDFW. All tasks will require travel for field work and in- person meetings.

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Task 4. Public Draft CEQA and NEPA documents and Scoping This task includes working with USFWS to determine the approach NEPA documentation.

PROJECT (GRANT) TIMETABLE/MILESTONES:

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The City currently expects to be the sole HCP permittee and has conducted outreach to potential local stakeholders as part of the preparation process for this grant.

Stakeholders in the Livermore HCP planning process are anticipated to include, at a minimum, those listed in the table below.

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In total, the City of Livermore plans on donating approximately $237,000 for development of a Livermore HCP.

County of
Alameda
Potential recipient of a
certificate of inclusion; support
implementation of the HCP
HCP review and feedback

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MAGNITUDE OF SPECIES BENEFITS: HCP PLAN AREA CONSERVATION: The City will determine the final list of covered species for the Livermore HCP as part of this grant.

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Table 3. Federally Covered Species Proposed under the City of Livermore HCP Covered Species Expected Benefits Magnitude of
Benefit
Benefits (with sources)
Plants
Palmate-bracted
bird’s beak

Cordylanthus
palmatus

Federal Status:

Restoration actions within suitable habitat will
be considered if lands can also be
preserved.

High

HCP plan
area includes
location for all
critical life
cycle
functions
and HCP will
directly
address more
than one
management
action

The HCP plan area includes the only
extant population in the Livermore Valley.

(1) Protection of occupied habitat in
the Springtown Alkali Sink
(2) Support implementation and update
of the 1998 management plan and
(3) Population estimates to document
viability

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Covered Species Expected Benefits Magnitude of
Benefit
Benefits (with sources)

There are known populations of palmate-
bracted birds beak on privately owned
lands within the Springtown Alkali sink that
could be protected under this plan.

Invertebrates
Vernal pool fairy
shrimp

Branchinecta
lynchi

Federal Status:

Low/Medium

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Covered Species Expected Benefits Magnitude of
Benefit
Benefits (with sources)
Longhorn fairy
shrimp

Branchinecta
longiantenna

Federal Status:

Low/Medium

HCP plan
directly
addresses
one
management
action
Implementation of the HCP will result in
the potential for protection of vernal pool
habitats within the Plan Area. The HCP
will directly address the management
actions identified in the Recovery Plan
goals if preservation occurs within
occupied habitat. The extent of occupied
habitat within the Plan Area is unknown,
although conservation would contribute
significantly as this species range is
relatively small (USFWS 2005).

Western bumble
bee

Bombus
occidentalis
occidentali

Federal Status:

At-Risk
Protection and management of suitable
grassland habitat. Restoration and
enhancement activities could be evaluated
where appropriate.

Low

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Covered Species Expected Benefits Magnitude of
Benefit
Benefits (with sources)
Monarch
butterfly

Danaus plexippus
plexippus

Federal Status:

Candidate (Listing
warranted but
precluded in
2020)
Protection and management of suitable
habitat where host plants are found.

Restoration and enhancement activities
could be evaluated where appropriate.

Low

Ambystoma
californiense

Federal Status:

Threatened
The Livermore HCP will preserve high quality
occupied breeding and upland habitat for
dispersal and refuge within the Plan Area.

Enhancement activities within these areas
could also support continued persistence of
the species and the metapopulation
dynamics.

High

The HCP will directly address multiple
management goals as identified within the
USFWS Recovery Plan including:

(1) Protection of occupied habitat to
maintain current distribution of the
species
(2) Development of adaptive
management and monitoring plans
in protected habitats

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Covered Species Expected Benefits Magnitude of
Benefit
Benefits (with sources)
(3) Monitoring trends in population
health and habitat loss in the HCP
plan area

Foothill yellow-
legged frog

Rana boylii

Federal Status:

At-Risk

Central Coast
Distinct
The HCP plan area is within the Central
Coast Distinct Population segment (DPS).

The Livermore HCP has the potential for
protection and management of suitable
stream habitats and associated uplands
especially within the Arroyo Mocho
watershed within the Central Coast DPS.

Restoration and enhancement activities
could be evaluated where appropriate.

Medium

The Livermore HCP has the potential to
protect and manage suitable stream
habitat within the CDFW CESA
Endangered Western/Central Coast Clade

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Livermore City CouncilFebruary 13, 2023

Livermore City Council
February 13, 2023