Agenda packet — Livermore City Council, June 26, 2023 (part 1 of 6)

CITY COUNCIL
AGENDA
MONDAY, JUNE 26, 2023
REGULAR HYBRID MEETING –
7:00 PM
CLOSED SESSION - 6:30 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:
https://us02web.zoom.us/j/81772539499
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 817 7253 9499
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
June 26, 2023

1 1.

CLOSED SESSION - 6:30 PM

Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
No
te: This Closed Session my be continued to the end of the Regular Meeting.

1.1 Conference with Legal Counsel - Anticipated Litigation. To meet with legal counsel pursuant to Government Code sections 54956.9(d)(2) and (e)(2) because there is significant exposure to litigation against the City based on existing facts and circumstances. (One Case.)

Facts and circumstances related to an accident, disaster, incident, or transactional occurrence that might result in litigation against the City and that are known to a potential plaintiff or plaintiffs.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS - NONE.

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.

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

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

REPORT OF ACTION TAKEN IN CLOSED SESSION

Livermore City Council Agenda
June 26, 2023

2 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 - May 15, 2023 Special Meeting and May 22, 2023 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. 2023-05-15 Draft Minutes

2. 2023-05-22 Draft Minutes

5.2 Adoption of an ordinance
to levy special taxes within Community Facilities District 2023-1 (Isabel Neighborhood Specific Plan Services), including any territory that annexes into the district from the Future Annexation Area.

Recommendation:

Staff recommends the City Council adopt an ordinance to levy special taxes within Community Facilities District 2023-1 (Isabel Neighborhood Specific Plan Services), including any territory that annexes into the district from the Future Annexation Area.

Staff Report

Attachments:

1. Ordinance

5.3 Resolution awarding and authorizing execution of an agreement with Cazadoro Construction Inc. for a one-year term for the furnishing and installation of storm drain trash capture devices and "No Dumping" markers to be placed across the City, in an amount not-to-exceed $214,500 for the Storm Drain Trash Capture Devices, Project 2021-12.

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Awarding a construction contract for one year to Cazadoro Construction Inc., in an amount not-to-exceed $214,500 for the Storm Drain Trash Capture Devices, Project 2021-12, and authorizing the City Manager to sign the agreement as Exhibit A to the resolution; and
2 .

Reject 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

Livermore City Council Agenda
June 26, 2023

3 3. Exhibit A - Construction Contract with Cazadoro Construction Inc

5.4 Resolution authorizing execution of an agreement with Jacobs Engineering Group Inc., for the Water Resources Division’s Supervisory Control and Data Acquisition (SCADA) Network Upgrade Project, for a two-year term, in an amount not-to-exceed $296,954 and authorizing the City Manager to approve equipment procurement in an amount not-to-exceed $120,000.

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Authorizing the execution of an agreement with Jacobs Engineering Group Inc. (Jacobs), in an amount not-to-exceed $296,954 for Professional Services for the Water Resources Division’s Supervisory Control and Data Acquisition (SCADA) Network Upgrade Project, and
2 .

Authorizing the City Manager to approve all the equipment procurement for this project in an amount of not-to-exceed $120,000.

Staff Report

Attachments:

1. Resolution

2. Exhibit A to the Resolution - Proposed Agreement.pdf

5.5 Resolution authorizing execution of an agreement with Construction Testing Services, Inc. to provide on-call geotechnical engineering and material testing consulting services for a three- year term, in an amount not-to-exceed $600,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Construction Testing Services, Inc., to provide on-call geotechnical engineering and material testing consulting services for a three-year term, in an amount not- to-exceed $600,000.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Professional Services Agreement with Construction Testing Services

5.6 Resolution authorizing execution of an agreement with BSK Associates to provide on-call geotechnical engineering and material testing consulting services for a three-year term, in an amount not-to-exceed $600,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with BSK Associates, to provide on-call geotechnical engineering and material testing consulting services, for a three-year term, in an amount not-to-exceed $600,000.

Staff Report

Attachments:

1. Resolution

Livermore City Council Agenda
June 26, 2023

4 2. Exhibit A - Professional Services Agreement with BSK Associates.

5.7 Resolution authorizing execution of an agreement with Terracare Associates for landscape maintenance services for five years
with an option for one five-year extension, in an amount not-to-exceed $1,150,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing execution of an agreement with Terracare Associates for landscape maintenance services at the Sage Community Facilities District 2016-1 and for the Shea Business Center and Shea Center Montage Landscape Maintenance Districts, for five years with an option for one five-year extension, in an amount not-to-exceed $1,150,000.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Landscape Maintenance for Sage and Shea Districts 23-0259

5.8 Resolution authorizing execution of an agreement with DC Electric Group, Inc. for on call streetlight and traffic signal maintenance services, for three years with an option for one two-
year extension, in an amount not-to-exceed $700,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing execution of an agreement with DC Electric Group, Inc. for on call streetlight and traffic signal maintenance services, for three years with an option for one two-year extension, in an amount not-to-exceed $700,000.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Traffic Signals Repair and Maintenance 23-0255

5.9 Resolution authorizing execution of an agreement with Old Brit Consulting for general IT consulting services over a three-year term, in an amount not-to-exceed $750,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing execution of an agreement with Old Brit Consulting for general IT consulting services over a three-year term, in an amount not-to-exceed $750,000.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement with Old Brit Consulting and City of Livermore

5.10 Resolution authorizing a purchase order to Baker & Taylor Books for purchases of library books and related materials in Fiscal Year 2023-24, in an amount not-to-exceed $230,000.

Recommendation:

Livermore City Council Agenda
June 26, 2023

5 Staff recommends the City Council adopt a resolution authorizing issuance of a purchase order to Baker & Taylor Books for Fiscal Year 2023-24 purchases of library books and related materials, not-to-exceed $230,000.

Staff Report

Attachments:

1. Resolution

5.11 Resolutions
to summarily vacate a portion of an existing sewer easement located within the Livermore Hotel Corporation property adjacent to Chick-fil-A and accepting Parcel Map 10720 (Chick-fil-A) public improvements for permanent maintenance.

Recommendation:

Staff recommends the City Council adopt resolutions:
1 .

Summarily vacating a portion of an existing sewer easement located within the Livermore Hotel Corporation property adjacent to Chick-fil-A; 2 .

Authorize the City Manager to execute a quitclaim for the vacated portion of the sewer easement to the Livermore Hotel Corporation;
3 .

Accepting Parcel Map 10720 (Chick-fil-A 1754 N Livermore Road) public improvements for permanent maintenance;
4 .

Accepting the offers of dedication for a public utility easement and public trail easement that were previously rejected, but continuing to reject the offers for dedication for Parcel 2 (a creek corridor) and Parcel 3 (open space) while also continuing to retain the right to accept the dedications for these parcels at a future date; and 5 .

Authorizing release of the surety bonds for these public improvements.

Staff Report

Attachments:

1. Vicinity Map

2. Private Sewer Vacation Agreement

3. Resolution - Sewer Vacation

4. Exhibit A - Sewer Easement Plat & Legal Description

5. Exhibit B - Quitclaim Deed, Livermore Hotel Corporation

6. Resolution - Parcel Map 10720 Acceptance

5.12 Resolution approving the update to the City of Livermore Standard Details, which are used to construct improvements to the City's infrastructure, dated May 23, 2023, and delegating discretionary authority to the City Engineer to approve future revisions to the City Standard Details and Specifications, in accordance with Government Code section 830.6 and with the Livermore Municipal Code section 2.68.600.

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Approving the update to the City of Livermore Standard Details dated May 23, 2023 ;
2 .

Delegating discretionary authority to the City Engineer to approve future revisions to the City’s Standard Details and Specifications, in accordance with Government Code section 830.6 and with the Livermore Municipal Code section 2.68.600, preserving the City’s design immunities.

Livermore City Council Agenda
June 26, 2023

6 3
.

Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Updated City of Livermore Standard Details 2023

5.13 Resolution approving modifications to the City of Livermore Salary Plan to reflect previously approved labor agreements in accordance with California Code of Regulations, Title 2, Section 570.5.

Recommendation:

Staff recommends the City Council adopt a resolution approving modifications to the City of Livermore Salary Plan to reflect previously approved labor agreements.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Salary Plan dated July 2023.pdf

5.14 Resolution approving the Memorandum of Understanding (Labor Agreement) between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Fire Fighters, Local 1974, Battalion Chiefs Unit, for the term of September 1, 2022, through June 30, 2025.

Recommendation:

Staff recommends that the City Council adopt a resolution approving a Memorandum of Understanding (MOU) between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters Local 1974, Battalion Chiefs Unit (IAFF Battalion Chiefs), for the term of September 1, 2022 through June 30, 2025.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Memorandum of Understanding between LPFD and IAFF, Local 1974, Battalion Chiefs' Unit

5.15 Resolution approving the updated Investment Policy and the annual delegation of investment authority to the City Treasurer.

Recommendation:

Staff recommends that the City Council adopt a resolution approving the updated Investment Policy and the annual delegation of investment authority to the City Treasurer.

Staff Report

Attachments:

1. Investment Policy Red Line

Livermore City Council Agenda
June 26, 2023

7 2. Resolution

3. Exhibit A - Investment Policy

6. PUBLIC HEARINGS

6.1 Public hearing for the confirmation of the levy of assessments for the City’s Landscape Maintenance Districts for Fiscal Year 2023-24.

Recommendation:

Staff recommends the City Council conduct a public hearing for the confirmation of the annual levy of assessments for the City’s Landscape Maintenance Districts for Fiscal Year 2023-24.

Upon closure of the public hearing, staff recommends the City Council adopt a resolution confirming the annual levy of assessments for the City’s Landscape Maintenance Districts and directing actions with respect thereto for Fiscal Year 2023-24.

Staff Report

Attachments:

1. LMD Assessment Presentation

2. Resolution

3. Exhibit A - Proposed Assessments for Districts for FY 2023-24

4. Exhibit B - Proposed Assessments for Maintenance District LL-859 for FY 2023-24

5. Exhibit - C FY 2324 Consolidated Engineer's Report

6.2 Hearing to receive and consider all evidence and reports regarding the adoption of a Master Fee Schedule. The Master Fee Schedule Resolution establishes fees for City services. The fee resolution and accompanying justification includes new, increased, and decreased fees into one document.

Recommendation:

Staff recommends the City Council adopt a resolution adopting the City's Master Fee Schedule, incorporating certain fee changes and superseding resolution 2022-115.

Staff Report

Attachments:

1. Tables 1 - 9

2. Resolution

3. Exhibit A - Master Fee Schedule

7. MATTERS FOR CONSIDERATION

7.1 Discussion and recommended approval of the Airport Leasing and Development Policy.

Livermore City Council Agenda
June 26, 2023

8 Recommendation:

The Airport Commission and staff recommend the City Council adopt a resolution approving the new Airport Leasing and Development Policy.

Staff Report

Attachments:

1. Development Analysis Land Map Version 0.3

2. Stakeholder Comment Compilation and Response-LVK 2023-06-05

3. Public Comment

4. Resolution

5. Exhibit A - Leasing and Development Policy

7.2 Appointment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of July 1 - December 31, 2023.

Recommendation:

Staff recommends the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisory Bodies for the period of July 1 - December 31, 2023, with the City Council's approval.

Staff Report

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, July 10, 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

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

Livermore City Council Agenda
June 26, 2023

9 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.

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.

Livermore City Council Agenda
June 26, 2023

10 TV29:
tv29live.org
Comcast Cable 29
YouTube:
http://youtube.com/c/CityofLivermoreCalifornia

Zoom Webinar:
https://us02web.zoom.us/j/81772539499

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:
817 7253 9499

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,

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
June 26, 2023

11 CITY COUNCIL STAFF REPORT
ITEM NO. 5.1

DATE:

June 26, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Approval of draft minutes - May 15, 2023 Special Meeting and May 22, 2023 Regular Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. 2023-05-15 Draft Minutes

2. 2023-05-22 Draft Minutes

Prepared by: Marie Weber
Deputy City Manager/City Clerk

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
12 MAY 15, 2023 Minutes CM/75/1

DRAFT MINUTES
CI

TY COUNCIL
MAY 15, 2023
________________________________________________________________ SPE

CIAL MEETING WORKSHOP
CA
LL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 5:00 pm, held in person at 1016 S. Livermore Avenue and remotely using Zoom and YouTube.

R
OLL CALL – Present: Mayor John Marchand, Vice Mayor Brittni Kiick , and Council Members, Ben Barrientos, Evan Branning and Robert W. Carling.

3. SPE

CIAL MEETING ITEM
AN O

PPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL

REGARDING THE SPECIAL MEETING ITEM WILL BE PROVIDED BY THE MAYOR

3. 1 Proposed Fiscal Year 2023- 25 Operating and Capital Improvement Plan Budgets.

R
ecommendation:

Staff recommends the City Council provide direction regarding the Proposed Fiscal Year 2023-25 Operating and Capital Improvement Plan Budgets.

M
ayor Marchand opened the public comment period.

Ther
e were no speakers and the comment period was closed.

A
dministrative Services Director Tina Olson and City Engineering Bob Vinn provided the staff presentation.

HE CITY COUNCIL RECEIVED THE PRESENTATION
M
ayor Marchand reopened public comment period.

C
onnie Kopps provided a comment.

Ther
e were no more speakers and the public comment period was closed.

I
n response to questions from CM Barrientos, City Attorney Jason Alcala provided a timeline for the Eden Housing project.

ATTACHMENT 1
13 CM/75/2 Minutes MAY 15, 2023

Mayor Marchand clarified funding and process for the East Avenue Project and pointed out that public safety is the number one priority in the budget. He also noted that the cost for city insurance has increased 200%.

All Council Members expressed appreciation to staff for their hard work on the budget.

THE CITY COUNCIL PROVIDED THE FOLLOWING DIRECTION:

Ensure funds are budgeted for special studies that may be required when making alterations to streets. Also, incorporate Active Transportation Plan updates when making street improvements such as slurry seal or in conjunction with work being completed by PG&E or other utilities.

Vice Mayor Kiick requested the city consider increasing health insurance and salary for Council Members to encourage equity among those interested in running for City Council.

9. ADJOURNMENT – at 6:57 pm a Regular City Council Meeting on Monday, May 22, 2023 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK
ATTACHMENT 1
14 MAY 22, 2023 Minutes CM/75/1

MINUTES
CI

TY COUNCIL
MAY 22, 2023
________________________________________________________________ C

LOSED SESSION
CAL
L TO ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand a t 6:3 0 pm, held in person a t 1 016 S . Livermore Avenue and remotely using Zoom and YouTube.

RO
LL CALL – Present: Mayor John Marchand, Vice Mayor Brittni Kiick , and Council Members, Ben Barrientos, Evan Branning and Robert W. Carling.

PPORTUNITY FOR THE PUBLIC TO ADDRESS THE CI TY COUNCIL
REGARDING CLOSED SESSION ITEMS.

Ma
yor Marchand opened the public comment period.

T
here were no speakers and the hearing was closed.

1. ADJ

OURN TO CLOSED SESSION

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

Lem
v. City of Livermore, Alameda County Superior Court Case No. 22CV005384
________________________________________________________________ RE

GULAR MEETING
2 . CALL TO O RDER – T he meeting of the City Council was called to or der by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue and remotely using Zoom and YouTube.

RO
LL CALL – Present: M ayor John Marchand, Vice Mayor Brittni Kiick and Council Members Ben Barrientos, Evan Branning and Robert W. Carling.

EDGE OF ALLEGIANCE
RE

PORT OF ACTION TAKEN IN CLOSED SESSION
C
ity Attorney Jason Alcala said pursuant to California Government Code section ATTACHMENT 2
15 CM/75/2 Minutes MAY 22, 2023

54957.1(a) that in th e matter of Lem v. Livermore, the City Council voted unanimously to accept a settlement agreement. and full and final release of all claims signed by the plaintiff, that releases the City of Livermore in exchange for a payment by the City in the amount of $362,500.

A copy of that agreement will be on file with the City Attorney’s Office.

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation declaring June 2023 as Safety Awareness Month presented to Risk Manager Janet Hamilton.

Mayor Marchand presented a proclamat ion to Risk Manager Janet Hamilton declaring June 2023 as Safety Awareness Month.

3.2 Proclamation declaring May 2023 as Jewish American Heritage Month, presented to Rabbi Larry Milder of Congregation Beth Emek.

Mayor Marchand presented a proclamation to Rabbi Larry Milder declaring May 2023 as Jewish Heritage Month.

MAYOR MARCHAND MOVED I TEM 4.0 - OPEN FOR UM TO TAKE PLACE AFTER MATTERS FOR CONSIDERATION.

5. C ONSENT CALENDAR

Mayor Marchand opened the public comment period.

Item 5.6 M ary Sweeney provided a comment.

Item 5.6 Lisa Tromovich provided a comment.

ON THE MOTION O F VM KIICK , SECO NDED BY CM BRANNING, AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

5.1 Adoption of Ordinance 2145 considering modifications t o Livermore Municipal Code Section 2.40.030 Eligibility, clarifying the ability of members to serve on one standing or ad hoc advisory body at any time.

5.2 Adoption of Ordinance 2146
amending Livermore Municipal Code (LMC) Chapter

9.40 - Fireworks.

5.3 Resolution 2023-081 authorizing the execution of an amendment with SNF Polydyne, Inc. increasing the not-to-exceed amount by $263,000 to $1,270,000 and extending the term by three months for the supply of liquid polymer used at the Water Treatment Plant to reduce moisture content in biosolids before disposal.

ATTACHMENT 2
16 MAY 22, 2023 Minutes CM/75/3

5.4 Resolution 2023-082 authorizing the execution of an agreement for services with Hasa, Inc., for the supply and delivery of sodium hypochlorite

12.5% for use at the Water Reclamation Plant, in an amount not -to-exceed $470,000.

5.5 Resolution 2023-083 authorizing execution of Cooperative Agreement 04-04-2902 with California Department of Transportation for the Vasco Road/I - 580 Interchange Improvements, Project No. 1993- 52, Caltrans Project No. 0421000075, for the project approval and environmental document phase.

5.6 Resolution 2023-084 authorizing the execution of Project and Program Grant Agreements with Livermore Valley Arts DBA Livermore Valley Performing Arts Center, Pacific Chamber Orchestra and SPARC Theater, consistent with the City's Public Art Policy.

5.7 Resolution 2023-085 of intention to levy annual assessments for the Landscape Maintenance Districts for Fiscal Year 2023- 24, preliminarily approve the Consolidated Annual Engineer's Report, and establish a public hearing date for the annual levy of assessments.

5.8 Resolution 2023-086 authorizing an agreement with Axon Enterprises Inc. for unmanned aerial sys tems (UAS, AKA "drone") hardware, software, and related services. In an amount not-to-exceed $131,262.

6. PUBLIC HEARINGS

6.1 Hearing to consider a request for Vesting Tentative Tract Map (VTTM) 8657 – Subdivision (SUB) 22-005 and Site Plan Design Review (SPDR) 22- 003 for 172 for -sale condomi nium units at the northeast corner of North Canyons Parkway and Triad Place.

Recommendation: The Planning Commission and s taff recommended the City Council:

1. Adopt a Resolution finding that the project is exempt under the Cal ifornia Environmental Quality Act, in accordance with California Government Code Section 65457 and CEQA Guidelines Section 15182 (c), Projects Pursuant to a Specific Plan, and California Public Resources Code Section 21083.3 and as a separate and independent basis, CEQA Guidelines Section 15183, Projects Consistent with a Community Plan, General Plan, or Zoning; and

2. Adopt a Resolution approving Vesting Tentative Tract Map (VTTM) 8657 – Subdivision (SUB) 22-005 and Site Plan Design Review (SPDR) 22-003, subject to the attached Conditions of Approval.

Senior P lanner Jake Potter presented the sta ff repo rt. Applicant – Denova Homes Senior Vice President of Land A cquisition and Entitlements, Trent Sanson with Denova Homes provided comments.

ATTACHMENT 2
17 CM/75/4 Minutes MAY 22, 2023

Mayor Marchand opened the public hearing.

Jean King provided a comment.

Tom Masby provided a comment.

Doug Mann provided a comment.

There were no more speakers and the hearing was closed.

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

Resolution 2023-087 finding that the project is exempt under the California Environmental Quality Act, in accordance with California Government Code Section 65457 and CEQA Guidelines Section 15182 (c), Projects Pursuant to a Specific Plan, and California Public Resources Code Section 21083.3 and as a separate and independent basis, CEQA Guidelines Section 15183, Projects Consistent with a Community Plan, General Plan, or Zoning.

Resolution 2023-088 approving Vesting Tentative Tract Map (VTTM) 8657 – Subdivision (SUB) 22-005 and Site Plan Design Review (SPDR) 22 -003, subject to the attached Conditions of Approval.

6.2 Hearing to consider rescission of Site Plan Design Review (SPDR) 19-004 and Conditional Use Permit (CUP)19- 006 for the Wine Country Inn; an Addendum to the 1997 South Livermore Valley Specific Plan Environmental Impact Report (State Clearinghouse No. 1996052025); Specific Plan Amendment (SPPA) 23- 001 to amend t he South Livermore Valley Specific Plan (Specific Plan) to clarify a 50- foot setback are a from Hansen Road; Site Plan Design Review 23 -001 and Conditional Use Permit 23-002 for the development of commercial site 5D2 (Wine Country Inn) at the southwest corner of Arroyo Road and Hansen Road.

Recommendation: The Planning Commission and s taff recommended the City Council:

1. Adopt a r esolution rescinding Site Plan Design Review (SPDR) 19 -004 and Conditional Use Permit (CUP) 19-006 for the Livermore Wine Country Inn;

2. Adopt Resolutions:
a. Adopting an Addendum to the 1997 South Livermore Valley Specific Plan Environmental Impact Report (State Clearinghouse No. 1996052025); and
b. Approving Specific Plan A mendment (SPPA) 23- 001, Site Plan Design Review (SPDR) 23-001 and Conditional Use Permit (CUP) 23-002 for the Livermore Wine Country Inn.

ATTACHMENT 2
18 MAY 22, 2023 Minutes CM/75/5

Associate Planner Kam Purewal presented the staff report. Applicant Michelle Boss provided comments.

Mayor Marchand opened the public hearing.

Kendall Smith provided a comment.

Ann Young provided a comment.

Peter Young provided a comment.

Jean King provided a comment.

Donna Cabanne provided a comment.

Mary Sweeney provided a comment.

Trish Munro provided a comment.

Pat McMenamin provided a comment.

Kat Weiss provided a comment.

Dennis Ichesen provided a comment.

Matt Souza provided a comment.

John Nunes provided a comment.

Carol Silva provided a comment.

Alan Burnham provided a comment.

John Stein provided a comment.

Lisa Tromovich provided a comment.

Lori Souza provided a comment.

Gina Bonnano provided a comment.

Pete Sandhu provided a comment.

Paul Mansfield provided a comment.

Karl Wente provided a comment.

Jennifer Taggart provided a comment.

ATTACHMENT 2
19 CM/75/6 Minutes MAY 22, 2023

Terry Land provided a comment.

Nick Harvey provided a comment.

David Kent provided a comment.

Rhinnnon Eddy provided a comment.

Doug Mann provided a comment.

Linda Milanese provided a comment.

There were no more speakers and the hearing was closed.

ON THE MOTION CM CARLING SECONDED BY VM KIICK AND CARRIED ON A 4-1 VOTE, WITH CM BARRIENTOS VOTING AGAINST, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:

Resolution 2023-089 rescinding Site Plan Design Review (SPDR) 19-004 and Conditional Use Permit (CUP) 19-006 for the Livermore Wine Country Inn;

Resolution 2023-090 adopting an Addendum to the 1997 South Livermore Valley Specific Plan Environmental Impact Report (State Clearinghouse No. 1996052025);

Resolution 2023-091 approving Specific Plan Amendment (SPPA) 23-001, Site Plan Design Review (SPDR) 23-001 and Conditional Use Permit (CUP) 23-002 for the Livermore Wine Country Inn.

7. MATTERS FOR CONSIDERATION – NONE.

4. OPEN FORUM – MAYOR MARCHAND MOVED OPEN FORUM AFTER
MATTERS FOR CONSIDERATION.

Mayor Marchand opened the public comment period.

Jean King provided a comment.

Keith Rothenburg provided a comment.

John Stein provided a comment.

Karl Wente provided a comment.

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

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
ATTACHMENT 2
20 MAY 22, 2023 Minutes CM/75/7

THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

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

MEMBERS WHO DID NOT PROVIDE A SUMMARY IN THE SUPPLEMENT AL PACKET ARE INCLUDED BELOW.

Ride Along CM Carling noted his participatio n in a ride along to the homeless community on May 10, 2023.

Wine Down in the Grove CM Carling noted his attendance at the event on May 13, 2023.

ValleyLink CM Carl ing noted his attendance at the presentation regarding hydrogen fuel cars on May 17, 2023.

Reusable Food Waste Ordinance CM Carling asked for an update on using the Stopwaste.org ordinance model.

Avance Grand Opening VM Kiick noted her attendance at the grand opening on May 12, 2023.

9. ADJOURNMENT – at 9:53 pm to a Regular City Council Meeting on Monday, January 23, 202 3 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK
ATTACHMENT 2
21 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

June 26, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Adoption of an ordinance
to levy special taxes within Community Facilities District 2023-1 (Isabel Neighborhood Specific Plan Services), including any territory that annexes into the district from the Future Annexation Area.

RECOMMENDED ACTION

SUMMARY

DISCUSSION

ATTACHMENTS

1. Ordinance

Prepared by: Debbie Salgado
Senior Civil Engineer

AN ORDINANCE LEVYING A SPECIAL TAX WITHIN CITY OF
LIVERMORE COMMUNITY FACILITIES DISTRICT NO. 2023-1
(ISABEL NEIGHBORHOOD SPECIFIC PLAN SERVICES)
Under the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code (the “Act”), the City Council (the “Council”) of the City of Livermore (the “City”) is authorized to establish a community facilities district and to act as its legislative body.

On May 8, 2023, this City Council (the “Council”) adopted a resolution entitled “A Resolution of Intention to Establish a Community Facilities District and a Future Annexation Area” (the “Resolution of Intention”), and has conducted proceedings (the “Proceedings”) to establish “City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services)” (the “CFD”) and a future annexation area (the “Future Annexation Area”) pursuant to the Act to finance certain municipal services (the “Services) as provided in the Act.

Pursuant to notice as specified in the Act, and as part of the Proceedings, the Council has held a public hearing under the Act relative to the determination to proceed with the formation of the CFD and the Future Annexation Area and a rate and method of apportionment of the special tax (the “Special Tax”) to be levied within the CFD to finance the Services, and at such hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the Future Annexation Area and the levy of the Special Tax were heard, substantial evidence was presented and considered by this Council and a full and fair hearing was held.

Upon the conclusion of the hearing, this Council adopted its “A Resolution of Formation of a Community Facilities District and Future Annexation Area” (the “Resolution of Formation), pursuant to which it completed the Proceedings for the establishment of the CFD and the Future Annexation Area, the authorization of the levy of the Special Tax within the CFD, and the calling of an election within the CFD on the propositions of levying the Special Tax and establishing an appropriations limit within the CFD.

On June 12, 2023, a special election was held among the landowner voters within the CFD at which such voters approved such propositions by the two-thirds vote required by the Act, which approval has been confirmed by resolution of this Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:

Section 1 . Authorization and Levy of the Special Tax. By the passage of this Ordinance, the Council hereby authorizes and levies the Special Tax within the CFD 23 (including any parcel or parcels in the Future Annexation Area that annex into the CFD) pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of Special Tax set forth in the Resolution of Formation, as it may be amended and supplemented from time to time, which rate and method is by this reference incorporated herein. The Special Tax is hereby levied commencing in fiscal year 2023-24 and in each fiscal year thereafter to pay for the Services for the CFD, as contemplated by the Resolution of Formation and the Proceedings, and all costs of administering the CFD.

Section 2. Direction to Determine Special Tax . The City Manager or designee, or an employee or consultant of the City, is hereby authorized and directed each fiscal year to determine the specific Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the CFD (including any parcel or parcels in the Future Annexation Area that annex into the CFD), in the manner and as provided in the Resolution of Formation.

Section 3. Exemptions; Maximum Special Tax. Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act. In no event shall the Special Tax be levied on any parcel within the CFD in excess of the maximum Special Tax specified in the Resolution of Formation.

Section 4. Use of Special Tax. All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of the Services, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the Special Tax.

Section 5. Collection of Special Tax. The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Council may provide for other appropriate methods of collection by resolution(s) of the Council.

The City Manager of the City (or a designee) is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Alameda in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Alameda for fiscal year 2023-24 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City.

Section 6. Severability. If, for any reason, any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the CFD shall not be affected.
24 Section 7. Publication. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days of its passage at least once in a newspaper of general circulation circulated in the City or pursuant to such other procedure identified by the City Clerk.

Section 8 . Effective Date. This Ordinance shall take effect 30 days from the date of final passage.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on June 12, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

The ordinance was adopted at the regular meeting of the City Council held on June 26, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Jason Alcala
Marie Weber, City Clerk Jason Alcala, City Attorney 25 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

June 26, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution awarding and authorizing execution of an agreement with Cazadoro Construction Inc. for a one-year term for the furnishing and installation of storm drain trash capture devices and "No Dumping" markers to be placed across the City, in an amount not-to-exceed $214,500 for the Storm Drain Trash Capture Devices, Project 2021-12.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:
1 .

Awarding a construction contract for one year to Cazadoro Construction Inc., in an amount not-to- exceed $214,500 for the Storm Drain Trash Capture Devices, Project 2021-12, and authorizing the City Manager to sign the agreement as Exhibit A to the resolution; and 2 .

Reject 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 Storm Drain Trash Capture Devices, Project 2021-12, involves furnishing and installing trash capture devices and "No Dumping" markers at 64 storm drain inlets and manholes across the City. This work is necessary to meet requirements of the Regional Water Quality Control Board NPDES Municipal Permit. Three bids were received for the project on May 9th, 2023. Cazadoro Construction Inc. submitted a bid of $214,500 and is the lowest responsible and responsive bidder.

DISCUSSION
To meet the requirements of the Regional Water Quality Control Board (RWQCB) NPDES Municipal Permit section C.10, the City must reach the goal of 90% reduction in baseline trash load by June 30, 2023 and 100% reduction by June 30, 2025. The base line trash load was determined through a study performed by Schaaf & Wheeler and is outlined in the 2022 Stormwater Trash Reduction Plan prepared by Schaaf & Wheeler.
26 The purpose of this project is to install trash capture devices and No Dumping markers in 64 of the storm drain structures identified by the Trash Reduction Plan to provide roughly 6% trash reduction in order to achieve the 90% reduction goal by this year. Locations are shown in Attachment 1.

Staff advertised the project on April 14th, 2023 and opened bids May 9th, 2023. The City received three bids for the project. The lowest responsible and responsive bid was received from Cazadoro Construction Inc. for $214,500. Cazadoro Construction Inc. is based in San Francisco, CA and has worked as a contractor for the City of Livermore for the 2022 Stream Maintenance by Contractors CIP.

Cazadoro's workmanship and performance was satisfactory.

T
he following is a list of bids received and the Engineer's Estimate for the project:

Storm Drain Trash Capture Devices Project 2021-12 Bid Results Contractor
Location
Bid Amount
Cazadoro Construction Inc.

San Francisco
$214,500
APS Environmental
North Highlands
$221,965
Pie and Plant Solutions Inc.

Oakland
$232,837
Engineer's Estimate

$220,400

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 $214,500. Funding for this agreement, change orders, inspections, project management, and other project costs are included in the project budget for the Storm Drain Trash Capture Devices Project 2021-12 in the FY 2023-2028 Capital Improvement Plan and no additional funding is needed. The project is funded with Storm Drain Fees (Fund 221) and Surplus AD Closeout Fund 698.

This project will increase operation and maintenance costs by $21,000 annually as the devices must be serviced twice a year. O&M costs will be funded with Storm Water Fees (Fund 220).

COMMUNITY PILLAR
3: Environmental Stewardship

GOAL
3: Help the City fulfill its obligations under state and federal environmental regulations and in response to regulatory oversight

GUIDING DOCUMENT
2023-2028 Capital Improvement Plan

ATTACHMENTS

1. Location Map
27 2. Resolution

3. Exhibit A - Construction Contract with Cazadoro Construction Inc

Prepared by: Jarrett Rasmussen
Junior Engineer

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AWARDING A CONSTRUCTION CONTRACT WITH
CAZADORO CONSTRUCTION INC. IN AN AMOUNT NOT-TO-EXCEED
$214,500
(Storm Drain Trash Capture Devices, Project 2021-12)
The City of Livermore (“City”) advertised on April 14, 2023, and opened three bids on May 9, 2023, for the construction of the Storm Drain Trash Capture Devices, Project 2021- 12 ("Project"). The Project involves furnishing and installing trash capture devices and "No Dumping" markers at 64 storm drain inlets and manholes across the City.

City staff recommend awarding the Project to Cazadoro Construction Inc., 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 Cazadoro Construction Inc., in an amount not-to-exceed $214,500, for construction of the Storm Drain Trash Capture Devices, Project 2021-12, and authorizes the City Manager to execute 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 June 26, 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 Cazadoro Construction Inc. 32 EXHIBIT A
33 EXHIBIT A
34 EXHIBIT A
35 EXHIBIT A
36 EXHIBIT A
37 CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

June 26, 2023
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Resolution authorizing execution of an agreement with Jacobs Engineering Group Inc., for the Water Resources Division’s Supervisory Control and Data Acquisition (SCADA) Network Upgrade Project, for a two-year term, in an amount not-to-exceed $296,954 and authorizing the City Manager to approve equipment procurement in an amount not-to- exceed $120,000.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:
1 .

Authorizing the City Manager to approve all the equipment procurement for this project in an amount of not-to-exceed $120,000.

SUMMARY
The Water Resources Division (WRD) Supervisory Control and Data Acquisition (SCADA) Master Plan identified several different system improvement projects aimed at increasing reliability and resiliency of the system. One project will replace existing network cables and equipment to establish reliable SCADA system communications. Staff have selected Jacobs Engineering Group Inc. (Jacobs) to perform the following services: network design, construction support, and system cutover.

DISCUSSION
In August 2020, the City retained Jacobs to develop a SCADA Master Plan that would improve the reliability and resiliency of the City's SCADA system. This Master Plan consists of a system improvement plan and two sets of improvement standards. The selection of the consultant was based on a review of the summary of qualifications submitted in 2019. Jacobs delivered the improvement plan in April 2021. During project development, the team took into consideration industry trends with the greatest potential to meet the selected operations and maintenance goals. In addition, the project team established prioritization and schedule criteria. Major component replacements are prioritized based on 38 life-cycle obsolescence and criticality to the SCADA system, as follows: servers, networks, Water Reclamation Plant Programmable Logic Controllers (PLC), and remote site (e.g., pump stations) PLCs.

The implementation plan identified seven projects over four years. In February 2022, the City contracted with Jacobs to replace the SCADA servers as the first project (Server Project). This project will be completed by early 2024. Meanwhile, the second project, known as WRP Network Upgrade Project (Network Project), can start in parallel with the first project. The Network Project will replace multi-mode fiber-optic cables and unmanaged switches to establish reliable SCADA system communications.

Jacobs’s service covers the system design, configuration, construction support, testing, and commissioning. Jacobs provides this full-package service to many other agencies. Through the Master Plan and Server Projects, Jacobs has come to understand the City’s system and needs and has performed well. As a result, this project can be more efficiently and effectively executed by Jacobs, with less required lead time than would be needed for a new consultant.

City staff will directly procure the equipment identified by Jacobs during the design phase. The estimated equipment cost is $120,000.

Staff will bid out the installation of the fiber itself and the City-procured equipment at a future date.

Jacobs’s scope during the Network Project includes three major tasks:

Task 1: Network Design
The network design task includes development of the following deliverables:

SCADA Network Architecture.

Bid package (drawings and specifications) for fiber optic construction.

Cost estimates for the new network construction.

A Bill of Materials and cost estimates for network equipment procurement.

Task 2: Network Installation
During the network installation, Jacobs will perform the following tasks:

Construction management of the fiber-optic contractor.

Confirmation of the new fiber optic connectivity.

Network switch configuration and lab-based factory testing.

Preliminary cutover planning.

Task 3: Network Cutover
During the network cutover, Jacobs will perform the following tasks:

Conduct field testing.

Review the cutover plan and fallback procedures in preparation for network cutover.

Execute the cutover plan in conjunction with City staff.

Provide training, and operation and maintenance manuals.

FISCAL AND ADMINISTRATIVE IMPACTS

Staff do not anticipate any fiscal or administrative impacts due to the approval of this agreement and procurement. This project is included in the proposed Capital Improvement Program Budget as Capital Improvement Project No. 202129 (WRP SCADA Server and Network Update) with funding spread 39 across FY 2023-24 and FY 2024-25. Funding for this project will come from the Wastewater Replacement Fund 239 and Sewer Connection Fee Fund 241.

COMMUNITY PILLAR
1: A Safe Community that Thrives

GOAL

11. Operate and maintain municipal water systems that provide safe, efficient delivery of potable and recycled water, collect and treat wastewater, and comply with all federal, state, and local regulations

ATTACHMENTS

1. Resolution

2. Exhibit A to the Resolution - Proposed Agreement.pdf

Prepared by: Yanming Zhang
Water Resources Technical Programs
Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT WITH JACOBS ENGINEERING GROUP INC., FOR THE WATER RESOURCES DIVISION’S SUPERVISORY CONTROL AND DATA ACQUISTION NETWORK UPGRADE PROJECT IN AN AMOUNT NOT-TO-EXCEED $296,954

AND AUTHORIZING THE CITY MANAGER TO APPROVE EQUIPMENT PROCUREMENT IN AN AMOUNT NOT-TO-EXCEED $120,000
City of Livermore staff have identified Jacobs Engineering Group Inc. as the most qualified consultant for the Supervisory Control and Data Acquisition (SCADA) Network Upgrade Project. This project will replace existing network cables and equipment to establish a self-healing ring topology for improved communications reliability of the SCADA system. The selection process was based on the previous work quality, and scope and fee negotiation. Staff will procure the necessary equipment to complete this project.

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

1. Adopts a resolution authorizing the execution of an agreement with Jacobs Engineering Group Inc., attached hereto as Exhibit A, in an amount not-to- exceed $296,954 for professional services for the Water Resources Division’s Supervisory Control and Data Acquisition (SCADA) Network Upgrade Project.

2. Authorizes the City Manager to approve equipment procurement for this project in an amount not-to-exceed $120,000.

3. 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 June 26, 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 M. Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Agreement with Jacobs Engineering Group Inc. 41 Professional Services Agreement Page 1
Rev. 09.2021

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made and entered into this day of , 2023, by and between the City of Livermore (“City”), a municipal corporation, and Jacobs Engineering Group Inc. (“Consultant”), a Delaware corporation licensed and registered to do business in California.

RECITALS

City requires professional servic es to upgrade the Water Resources Division's obsolete supervisory control and data acquisition (SCADA) network. The Network Upgrade Project will replace multi -mode fiber-optic cables and unmanaged switches to establish a self-healing ring topology for reliable SCADA system communications.

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

AGREEMENT

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

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

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

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

Water Resources Division's Network Upgrade Project will replace multi -mode fiber-optic cables and unmanaged switches to establish a self -healing ring topology for reliable SCADA system communications.

4. Consultant’s Responsibilities. Consultant shall:

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

(b) Provide the reso urces necessary to complete the Services in a timely manner;
DocuSign Envelope ID: 850A9F24-FBB2-46DA-9C1A-E3E061DBEDB8

EXHIBIT A
42 Professional Services Agreement Page 2
Rev. 09.2021

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

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

(f) Coordinate the Services with Yanming Zhang, Water Resources Technical Programs Manager (“Project Manager”), or such other person designated as the Project Manager by City;

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

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

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

(j) P repare 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 Services.

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

EXHIBIT A
43 Professional Services Agreement Page 3
Rev. 09.2021
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,

(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 $ 296,954 ( "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 July 3, 2023, and terminates upon the completion of the Services or June 30, 2025, whichever occurs first.

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

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

9. Copyright and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disclosed by Consultant to City and Consultant obtains a license to such items for the benefit of City. All licenses must be perpetual, DocuSign Envelope ID: 850A9F24-FBB2-46DA-9C1A-E3E061DBEDB8

EXHIBIT A
44 Professional Services Agreement Page 4
Rev. 09.2021
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 access to the information to perform the Services. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are destroyed or returned to City.

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 section 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.

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45 Professional Services Agreement Page 5
Rev. 09.2021

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.

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

21. Entire Agreement; Modification . This 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 DocuSign Envelope ID: 850A9F24-FBB2-46DA-9C1A-E3E061DBEDB8

EXHIBIT A
46 Professional Services Agreement Page 6
Rev. 09.2021
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:

TO CITY: Attention: Water Resources Division Manager
City of Livermore
101 W. Jack London Blvd.

Livermore, California 94551

TO CONSULTANT: Attention: John Ryan
Jacobs Engineering Group
4 Embarcadero Center, Suites 3800
San Francisco, CA 94111

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

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

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

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

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

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

Signatures and Attachment List on the Next Page
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47 Professional Services Agreement Page 7
Rev. 09.2021

In concurrence 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.

CONSULTANT: Dated:

____________________________ ___________________________ By: John Ryan
Title: Designated Project Executive

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ Marianna Marysheva
City Manager

APPROVED AS TO FORM:

___________________________
Assistant/City Attorney

APPROVED AS TO INSURANCE:

_______________________
Risk Manager/Analyst

Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements

DocuSign Envelope ID: 850A9F24-FBB2-46DA-9C1A-E3E061DBEDB8 5/16/2023 | 11:15 AM PDT

EXHIBIT A
48 WRP Network Upgrade Project
Scope and Fee Proposal
March 31, 2023

WRP Network Upgrade Proposal City of Livermore
Exhibit A - Scope of Work
DocuSign Envelope ID: 850A9F24-FBB2-46DA-9C1A-E3E061DBEDB8

EXHIBIT A
49 WRP Network Upgrade Proposal

Livermore Network Upgrade Proposal v5, Final ii
WRP Network Upgrade Project
Client Name: City of Livermore
Document Title: WRP Network Upgrade Proposal
Document No.:

Revision: 5 Final
Revision Date: March 31, 2021
Project/Proposal No:

Project Manager: Jason Hise
Prepared By: Michael Johnson
Approved By: John Ryan
File Name:

Jacobs
2485 Natomas Park Drive
Suite 600
Sacramento, CA 95833
Phone: +1 (916) 920-0300
© Copyright 2023 Jacobs Engineering Group Inc . The concepts and information contained in this document are the property of Jacobs. Use or copying of this document in whole or in part without the written permission of Jacobs constitutes an infringement of copyright

DocuSign Envelope ID: 850A9F24-FBB2-46DA-9C1A-E3E061DBEDB8

EXHIBIT A
50 WRP Network Upgrade Proposal

Livermore Network Upgrade Proposal v5, Final iii
Contents

1. Project Understanding ................................................................................................................................................... 1

2. Description of Services ................................................................................................................................................... 2

2.1 Task 1 - SCADA Network Design ................................................................................................................................................. 2

2.2 Task 2 – WRP Network Installation ............................................................................................................................................. 3

2.3 Task 3 – WRP Network Cutover .................................................................................................................................................... 4

2.4 Task 4 – Project Management ...................................................................................................................................................... 5

2.5 Roles and Responsibilities .............................................................................................................................................................. 6

2.6 General Assumptions ....................................................................................................................................................................... 6

2.7 Schedule / Program .......................................................................................................................................................................... 7

3. Jacobs Team ..................................................................................................................................................................... 8

4. Fee Proposal ..................................................................................................................................................................... 9

DocuSign Envelope ID: 850A9F24-FBB2-46DA-9C1A-E3E061DBEDB8

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51 WRP Network Upgrade Proposal

Livermore Network Upgrade Proposal v5, Final Page 1 of 9

1. Project Understanding
The City of Livermore Public Works Department Water Resources Division (Livermore, WRD) receiv es treated water from Zone 7 Water Agency, and is responsible for water distribution, wastewater collection, wastewater treatment, and stormwater management. WRD uses a supervisory control and data acquisition (SCADA) system to monitor and control the WRD Water Reclamation Plant (WRP), four wastewater lift stations, three stormwater lift stations, and the water distribution system (including five pump stations and three reservoir sites). The SCADA system and the data it collects are critical to supporting operations and regulatory reporting functions.

In August 2020, WRD contracted with Jacobs to develop a SCADA Master Plan that consists of an implementation plan, convention standards, and component standards. Jacobs delivered the final implementation plan on April 30, 2021. The implementation plan identified seven projects over four years to upgrade and replace the WRD SCADA system.
1) Replace Servers
2) Upgrade WRP Network
3) Upgrade WRP Programmable Logic Controllers (PLCs)
4) Replace WRP PLCs
5) Evaluate Serial Radios
6) Upgrade Remote Site PLCs
7) Replace Remote Site PLCs
In February 2022, WRD contracted with Jacobs to replace the SCADA servers, also referred to as Operations Technology (OT). This project replaces obsolete server hardware and software to establish a relia ble platform for SCADA applications and subsequent SCADA system upgrade projects.

The WRP Network Upgrade Project will replace multi-mode fiber-optic cables and unmanaged switches to establish a self-healing ring topology for reliable SCADA system communications.

DocuSign Envelope ID: 850A9F24-FBB2-46DA-9C1A-E3E061DBEDB8

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52 WRP Network Upgrade Proposal

Livermore Network Upgrade Proposal v5, Final Page 2 of 9

2. Description of Services
The proposed approach to upgrading the WRP network includes four tasks:
1) SCADA Network Design
2) WRP Network Development/Testing
3) WRP Network Installation/Cutover
4) Project Management

2.1 Task 1 - SCADA Network Design
The SCADA network design task includes development of the following:
• SCADA Network Architecture, based on ring topology with self -healing capabilities to be used for local and remote sites connectivity
• specifications and drawings (a bid package for a fiber optic installation contractor) and cost estimates for fiber-optic cabling, termination panels, and testing in the WRP • a Bill of Materials (BOM) and cost estimates for product procurement (managed network switches (1GB minimum), etc.)
Both the fiber-optic network design and the managed network switch selections will be based on NIST Guidance (800-82 Rev 2, 800-53 Rev 4). Following NIST guidelines will minimize single points of failure, maximize cyber protection against “Man in the Middle” network interception attacks, and maximize physical protection with tamper resistance and detection technologies. Following NIST guidelines Jacobs will assist with developing and deployment of configuration standards for hardening SCADA network switches.

Subtask 1.1 – Kickoff Meeting and Site Investigation
Jacobs will review the draft network diagram developed in the SCADA Server Replacement Project. A kickoff (1 hour) meeting will be held to review the objectives of the project with all Livermore stakeholders, followed by a site investigation that includes access to computers, network performance monitors current available storage, and network switch configurations accompanied by appropriate WRD staff.

Subtask 1.2 – Develop Network Architecture:

Jacobs will facilitate Workshop #1 with WRD and IT staff to develop a new network architecture for the SCADA system, including external access connectivity. Topics will include network media (fiber optic, radios, etc.), network switches, redundancy and resiliency, cybersecurity (firewalls and endpoint protection), and cost-benefits of all major components (hardware, software, and media). The architecture design assumes an upgrade to single mode fiber cables, a self-healing fiber ring at the WRP, backup connections to remote sites, and cybersecurity features based on NIST 800 standards and the Purdue model for industrial control systems (ICS). Jacobs will document the workshop results in a draft technical memorandum (TM) that describes WRD’s SCADA network architecture (maximum of 5 drawings) and includes a draft cost-benefit analysis of architecture options.

Subtask 1.3 – Design WRP Network:

Jacobs will facilitate Workshop #2 with WRD and IT staff to design the new WRP network based on the results of Workshop #1. The design will focus on the fiber optic backbone at the WRP and connectivity security for future external access. Future external access includes Livermore business IT applications, remote sites, and operator remote access. Future external access will be provided by others and is not included in this project. Jacobs will document the workshop results in:
▪ a biddable document set (90% design) for fiber optic cable installation, termination, and testing , including UPS power requirements and sizing for all new network equipment, electrical plans, riser diagrams and details for new conduit or panel installations (maximum of 20 drawings).

DocuSign Envelope ID: 850A9F24-FBB2-46DA-9C1A-E3E061DBEDB8

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53 WRP Network Upgrade Proposal

Livermore Network Upgrade Proposal v5, Final Page 3 of 9 ▪ a draft TM summarizing the cost-benefit analysis and recommendations, and a Bill of Materials (BOM) that includes procurement information for purchase orders of all network switches and software. ▪ after review by WRD/IT, Jacobs will provide a Final TM and 100% Design (Bid Set) for WRD to initiate procurement procedures for the network switches and the fiber optic contractor.

Deliverables:
▪ Kickoff Meeting Presentation & Meeting Notes
▪ Network Architecture Workshop #1 Presentation & Meeting Notes ▪ SCADA Network Architecture TM, including:
- Cost Benefit Analysis
- Network Block Diagrams (2; As-Is, To Be)
- Overall Site Plans (2, As-Is, To Be)
▪ WRP Network Design Workshop #2 Presentation & Meeting Notes ▪ Draft WRP Network Design TM, including:
- Draft Bill of Materials
- Class 3 Cost Estimate for Fiber Optic Installation
▪ 90% Design Bid Package, including:
- Cover Sheet
- Legend Sheets (2)
- Fiber Optic Cable Diagram
- RO Building Plan & Details
- Admin Building Plan & Details
- Lab Building Plan & Details
- Water Building Plan & Details
- Digester Building Plan & Details
- Solids Building Plan & Details
- Rickenbacker Plan & Details
- RAS/WAS Building Plan & Details
- Switchgear Plan & Details
- Filter Building Plan & Details
- Blower Building Plan & Details
- Greenhouse Area Plan & Details
- UV Building Plan & Detail
- LAVWMA Building Plan & Details
- Maintenance Building Plan & Details
- Installation Details 1 of 2
- Installation Details 2 of 2
▪ Final WRP Network Design TM, including:
- Final Bill of Materials for equipment to be procured by Livermore - Class 2 Cost Estimate for Fiber Optic Installation
▪ 100% Design Bid Package, including:
- All 90% Design Specifications and Drawings
- Bid Instructions, Division 0&1 Specifications

2.2 Task 2 – WRP Network Installation
The WRP network development/testing task will assist WRD in construction management for the fiber-optic contractor and focus on network switch configuration, lab-based factory testing, and preliminary cutover planning. Construction management assistance will review pre- and post-installation Optical Time Domain Reflectometer (OTDR) test results to ensure the new fiber optic signal transmissivity is within manufacturer DocuSign Envelope ID: 850A9F24-FBB2-46DA-9C1A-E3E061DBEDB8

EXHIBIT A
54 WRP Network Upgrade Proposal

Livermore Network Upgrade Proposal v5, Final Page 4 of 9 recommended specifications. Configuration of the existing and new SCADA network switches will be performed in compliance with industry best practices and methodologies.

Subtask 2.1 – Assist in Fiber Optic Installation:

Jacobs will assist WRD in contract management for the fiber optic installation contractor. This includes promoting bid awareness and reviewing bids, requests for information (RFI), submittals, change orders, inspection reports, and OTDR test results.

Subtask 2.2 – Configure and Test WRP Network Equipment:

Jacobs will facilitate Workshop #3 with WRD and IT staff to develop a detailed plan for configuration and factory testing of the WRP network. Configuration topics will include the cybersecurity architecture and the SCADA security zone. Security policies and procedures will be reviewed and followed. Jacobs will document the workshop results in a draft network testing TM that includes factory testing procedures, hardware installation sequences, preliminary cutover plan, training, and documentation requirements. Jacobs will incorporate feedback for a final WRP Network Testing TM.

Based on receipt of all equipment and software at the Jacobs control system lab (located in Redding, CA), Jacobs will perform the following tasks:
1) Configure the managed network switches in accordance with the configuration plans defined in the WRP Network Testing TM.
2) Perform and document all factory testing procedures in conjunction with WRD and IT staff. 3) Document the completion of the network switch configurations in a Factory Testing Acceptance Report.

Deliverables:
▪ Construction Management Reviews of Bids and Submittals (Materials, Inspections, OTDR Tests) ▪ WRP Network Testing Workshop #3 Presentation & Meeting Notes ▪ Draft and Final WRP Network Testing TM including:
- Configuration Plans
- Factory Testing Procedures
- Preliminary Cutover Plan
- Factory Acceptance Test and Report
- Field Testing and Commissioning Procedures
- Training and Documentation Requirements
- Decommissioning Plans
▪ Configured Network Equipment (Switches, etc.)

2.3 Task 3 – WRP Network Cutover
The WRP network installation task will connect the new network switches to the new fibers in preparation for network cutover. The cutover task will review the preliminary cutover plan and fallback contingencies to minimize disruption to operations. Field testing procedures will follow similar factory testing procedures when each field switch is cutover to the new network.

Based on the Factory Testing Acceptance Report, Jacobs will conduct field testing with network equipment connected to the new fiber network. Following successful field testing of the WRP network, Jacobs will facilitate Workshop #4 with WRD OT staff to review the preliminary cutover plan, resource responsibilities, and validation and fallback procedures in preparation for network cutover. Workshop participants will identify last-minute considerations that may impact the cutover. Jacobs will execute the cutover plan in conjunction with WRD, IT and Operations staff, during cutover, commissioning, and decommissioning. Jacobs will document the successfu l cutover of the WRP network in a System Acceptance Report.

DocuSign Envelope ID: 850A9F24-FBB2-46DA-9C1A-E3E061DBEDB8

EXHIBIT A
55 WRP Network Upgrade Proposal

Livermore Network Upgrade Proposal v5, Final Page 5 of 9 Following successful cutover of the WRP network, Jacobs will prepare a draft O&M manual and presentation materials for a training session with WRD and IT staff. Jacobs will train WRD and IT staff on a holistic overview of the new network, consisting of its configuration, monitoring capabilities, and cybersecurity protection measures.

Based on feedback on the training session, Jacobs will submit a final O&M manual. For final acceptance, Jaco bs will provide as-built documentation of the WRP network, consisting of the network diagrams and final managed network switch configurations.

Deliverables:
▪ Installed New Network Equipment connected to New Fiber Optic Cables ▪ WRP Network Cutover Preparation Workshop #4 Presentation & Meeting Notes ▪ System Acceptance Report
▪ Training Documentation including:
- Draft & Final O&M Manual
- Training Presentation
▪ As-built Documentation including:
- Network Diagrams
- Final Configurations

2.4 Task 4 – Project Management
As project manager, Jason Hise will work closely with the Livermore team (WRD and IT staff) while managing Jacobs’ team. He will provide the technical resources necessary to complete the job, prepare the project schedule and work plan, monitor the project budget and schedule, conduct project meetings and over -the-shoulder reviews, implement the QA/QC process, and communicate regularly with the Livermore team. For the workshops he leads and facilitates, Jason will provide timely detailed meeting notes with action items, corrective actions to be followed, and work-around plans to maintain schedule and budget. He will provide schedule updates at monthly project management team meetings and works with Jacobs’s project controls team to set up the proje ct accounting and invoice structures required for billing purposes.

Subtask 4.1 Project Management
Jacobs will furnish project management services necessary to properly manage, lead, and control the project work. Jacobs will furnish project management services for the project, as follows:
▪ Progress Monitoring—Monitor budget, work progress, and schedule for each task. Manage scope changes and act to resolve impacts on budgets as soon as scope changes have been identified. ▪ Administration—Maintain project records, manage, and process project communications, and coordinate Project administrative matters.
▪ Staff Management—Supervise activities of staff assigned to the project. Coordinate and schedule appropriate staffing to meet project requirements.
▪ Health and Safety—Jacobs will provide project specific field safety instructions for use by team members when performing field investigations at WRD sites.

Subtask 4.2 Monthly Reporting
Jacobs will prepare monthly progress reports. The reports will include at a minimum, the following:
▪ Progress within the last month, by task and subtask
▪ Problems encountered or anticipated
▪ Items scheduled for work in the next month
▪ Monthly project billings showing labor hours by staff member and by task DocuSign Envelope ID: 850A9F24-FBB2-46DA-9C1A-E3E061DBEDB8

EXHIBIT A
56 WRP Network Upgrade Proposal

Livermore Network Upgrade Proposal v5, Final Page 6 of 9 Subtask 4.3 Quality Assurance
Quality assurance (QA) is the administrative and procedural activities implemented in our quality system to guarantee high level of quality in the development, production, and delivery of our engineering projects and services at each phase of the project. Quality control (QC) is the observation of techniques and activities used to make sure the requirements of our quality procedures and program are met. It is our system for verifying and maintaining the desired level of quality through careful planning, continued review and “inspection,” and implementation of corrective action, as required. QC makes sure the results of what we’ve done are what you expected.

Jason Hise will work closely with Quality Manager Michael Johnson to implement our rigorous internal QC and QA process for the Master Plan. Michael will develop a tailored Quality Plan for this project and provide training on the quality process. The Quality Plan outlines the responsibility of the originator and the reviewer for plans, specifications, reports, calculations, quantities, and cost estimates. When all deliverables conform to the procedural guidelines, formats, and content expectations, review delays are minimiz ed. Michael reviews the documentation prepared for each step of the process and ensures that reviews are conducted thoroughly.

Deliverables:
▪ Monthly Invoices and Progress Reports
▪ Project Schedule
▪ Field Safety Instructions

2.5 Roles and Responsibilities
The following are roles and responsibilities specific to the cutover sequence. ▪ Jacobs’s role and responsibilities: Jacobs will be responsible for cutting over each network device, validating the cutover, communicating with the lead operation personnel, and maintaining a fallback position throughout the cutover. Before any cutover activity is initiated Jacobs will request the cutover permission from the lead operations and receive confirmation that operation is ready for the action before acting.

Jacobs will follow any instructions from the WRD’s lead operations staff including failing back to the old network. Jacobs will provide project deliverables in MS Word, Excel, PDF, or Visio formats. ▪ WRD’s role and responsibility: The WRD will be responsible for maintaining monitoring and control of the WRP. The lead operator will be informed of all requested cutover activities before they happen and grant permission for all cutover activity step by step.

The activities described below are assumed to be provided by WRD:
▪ Actively participate in team conference calls and face-to-face/virtual meetings ▪ Schedule appropriate WRD and IT personnel to participate in workshops ▪ Provide one set of comments to draft documents and drawings in a timely manner (typically 2 weeks)

2.6 General Assumptions
▪ The WRP Network Upgrade Project includes installation and configuration of switches in the WRP and security configuration of the SCADA security zone for the control system physical network. Network design services and security measures outside the WRP SCADA security zone are not included in this scope.

Network design services may be performed under a separate task order that includes design, configuration, installation and testing of remote site network switches, cabling, and network security measures. Fiber optic infrastructure will be provided for multiple physical networks including Business IT networks for the City’s future use.
▪ Network design drawings are based on the availability and accuracy of existing reference drawings provided by the City.

DocuSign Envelope ID: 850A9F24-FBB2-46DA-9C1A-E3E061DBEDB8

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57 WRP Network Upgrade Proposal

Livermore Network Upgrade Proposal v5, Final Page 7 of 9 ▪ Due to global chip shortages, chip-based hardware products are experiencing price increases and extended delivery schedules. Although some contingency for material cost increases is included in this proposal, Jacobs cannot guarantee hardware and software pricing at the time of procurement. ▪ WRD will procure all network hardware and software for delivery to Jacobs’ control system lab in Redding, CA and ship the Factory Tested hardware and software to the WRP in Livermore, CA. ▪ Jacobs will evaluate the existing electrical service for UPS to network equipment in this project. No design or construction costs for electrical service upgrades are included in this proposal. ▪ All workshops are assumed to be in-person unless otherwise directed by WRD staff. ▪ All deliverable documents will be provided in native electronic format (Word, Excel, Visio, etc.). ▪ All training and training documentation are limited to the equipment procured in this project. ▪ Labor and material fees are developed from the detailed cost estimates in the SCADA Master Plan.

2.7 Schedule / Program
The scope of engineering services and activities associated with this proposal will be completed in accordance with the following approximate Project targets:

Activity Target Start Target Finish
Task 1 – SCADA Network Design 4/15/2023 8/14/2023
Task 2 – WRP Network Installation 8/15/2023 2/14/2024
Task 3 – WRP Network Cutover 2/15/2024 5/14/2024
Task 4 – Project Management 4/15/2023 5/14/2024
DocuSign Envelope ID: 850A9F24-FBB2-46DA-9C1A-E3E061DBEDB8

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58 WRP Network Upgrade Proposal

Livermore Network Upgrade Proposal v5, Final Page 8 of 9

3. Jacobs Team
The proposed Jacobs team members are either a continuation of team members from the SCADA Server Replacement Project or selected from the Jacobs Operational Technology group. The classification rate schedule in the SOQ submitted in January 2019 shows a 3% annual escalation for hourly billing rates from 2019 through 2021.

Jacobs Key Team Members
Staff Member Classification Project Role
Michael Johnson Principal Technologist Quality Manager
Jason Hise Senior Technologist Project Manager
Iouri Ossokine Project Engineer Lead Project Engineer
Craig Cusworth Engineer Specialist Fiber Optic Engineer Jacobs Engineering Group
Classification Rate Schedule for City of Livermore
Hourly Billing Rates
Classification 2022 2023 2024
Principal Technologist*/Principal Project Manager $277 $286 $298 Senior Technologist*/Senior Project Manager $258 $266 $277 Engineer Specialist*/Project Manager $243 $251 $262
Project Engineer* $216 $223 $232
Associate Engineer* $196 $202 $211
Staff Engineer 2* $171 $177 $185
Staff Engineer 1* $146 $151 $158
Engineering/CAD Tech 3 $130 $134 $140
Engineering/CAD Tech 2 $108 $112 $117
Engineering/CAD Tech 1 $98 $101 $106
Office/Administrative/Clerical $94 $97 $101
*Includes engineering, software development, consulting, planner, and scientist disciplines Notes:

1. A 10% mark-up will be applied to all direct costs and expenses (materials, transportation, meals and lodging, mail, subcontracts, outside services, etc.)

2. A 3% escalation rate is applied annually to all hourly billing rates , except for 2024. Due to rising inflation, a 4% escalation rate will be applied to 2024 hourly billing rates.

3. Rates are effective from January 1 through December 31 each calendar year.

DocuSign Envelope ID: 850A9F24-FBB2-46DA-9C1A-E3E061DBEDB8

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59 WRP Network Upgrade Proposal

Livermore Network Upgrade Proposal v5, Final Page 9 of 9

4. Fee Proposal
The fee proposal shown below is based on the contract terms and conditions in a standard City of Livermore Professional Services Agreement.

TASK NAME TOTAL
HOURS

TRAVEL &

EXPENSES

TOTAL FEE
TASK 1 – SCADA NETWORK DESIGN 772 $1,980 $143,480
TASK 2 – WRP NETWORK INSTALLATION 222 $2,860 $51,648
TASK 3 – WRP NETWORK CUTOVER 290 $2,640 $59,748
TASK 4 - PROJECT MANAGEMENT 240 $0 $42,078
FEE PROPOSAL TOTAL 1524 $7,480 $296,954

DocuSign Envelope ID: 850A9F24-FBB2-46DA-9C1A-E3E061DBEDB8

EXHIBIT A
60 Revised 10/29/21 B16 – 2M E&O (rev Jacobs)

Page 1 ends

EXHIBIT B

INSURANCE REQUIREMENTS

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

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

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

3. Workers’ Compensation and Employer's Liability:

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

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

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

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

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

EXHIBIT A
61 Revised 10/29/21 B16 – 2M E&O (rev Jacobs)

Page 2 ends

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

Verification of Coverage
Consultant/Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences.

DocuSign Envelope ID: 850A9F24-FBB2-46DA-9C1A-E3E061DBEDB8

EXHIBIT A
62 CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

June 26, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of an agreement with Construction Testing Services, Inc. to provide on-call geotechnical engineering and material testing consulting services for a three-year term, in an amount not-to-exceed $600,000.

RECOMMENDED ACTION

SUMMARY
The Engineering Division needs consultants to perform on-call geotechnical and materials testing and provide quality assurance inspection, testing and acceptance on construction projects including subdivisions, capital improvement projects, and encroachment permits. These services include quality assurance testing on backfill and pavement, concrete testing, soils testing and geotechnical investigative work, special inspections as required by Chapter 17 of the 2019 Edition of the California Building Code, and environmental inspections and investigations. This agreement for professional services with Construction Testing Services, Inc. will provide on-call geotechnical engineering and material testing consulting services for a three-year term. The agreement has a not-to-exceed amount of $600,000.

DISCUSSION
Staff sent out a Request for Proposals to firms interested in the on-call geotechnical engineering and materials testing contract. Ten
Statements of Qualifications were received from the following firms:

Contractor Name
Contractor Location
BSK Associates
Livermore
Geocon Consultants, Inc
Livermore
ENGEO Inc
San Ramon
Atlas Technical Consultants LLC
Livermore
Apex Testing Laboratories, Inc.

San Francisco
63 Construction Testing Services
Pleasanton
RES Engineering, Inc
San Francisco
Universal Engineering Services
Stockton
Ninyo & More
Alameda
Smith Emery
San Francisco

A
four-person selection committee reviewed the statements and chose the top four firms, BSK Associates, Construction Testing Services, Atlas Technical Consultants. and Geocon Consultants, Inc., for interviews. The firms were rated based on responsiveness to the requirements specified in the Request for Proposals. In order to meet the consultant services needs of the City, staff is recommending award of contracts to the top two firms, Construction Testing Services, Inc. and BSK Associates. Each of the firms selected has specific areas of expertise which will allow staff flexibility when assigning work.

This agreement is with Construction Testing Services, Inc.

This agreement with Construction Testing Services, Inc. will commence July 1, 2023, and terminate June 30, 2026.

FISCAL AND ADMINISTRATIVE IMPACTS

The contract has a not-to-exceed amount of $600,000 for the 3-year term. Services received under this agreement will be paid from capital improvement projects in the approved 2023-2028 Capital Improvement Plan and from inspection fees collected for all developments and encroachment permits.

COMMUNITY PILLAR
5: A City That Works

GOAL
14: Develop, operate, and maintain the City's infrastructure

GUIDING DOCUMENT

2023-2028 Capital Improvement Plan

ATTACHMENTS

1. Resolution

2. Exhibit A - Professional Services Agreement with Construction Testing Services

Prepared by: Mike Stamm
Construction Inspection Manager

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

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CONSTRUCTION TESTING SERVICES, INC. TO PROVIDE ON-CALL GEOTECHNICAL ENGINEERING AND MATERIAL TESTING CONSULTING AN AMOUNT NOT-TO-EXCEED $600,000 The Engineering Division requires on-call geotechnical engineering and materials testing to provide quality assurance inspection, testing and acceptance on construction projects including subdivisions, capital improvement projects, and encroachment permits. These services include quality assurance testing on backfill and pavement, concrete testing, soils testing and geotechnical investigative work, special inspections as required by Chapter 17 of the current edition of the California Building Code, and environmental inspections and investigations.

Construction Testing Services, Inc. (CTS) has been providing geotechnical engineering and materials testing consulting services for over 29 years. They are located in Pleasanton and are able to respond quickly and efficiently to material sampling and inspection requests. CTS is very knowledgeable and is well experienced in providing inspection and testing services for public buildings, airports, underground utilities, streets, and transportation infrastructures. They have a fully accredited independent testing lab that is Caltrans certified and have a team of construction inspectors and engineers with extensive experience that have completed projects for other cities in the Bay Area and throughout Northern California. This agreement covers on-call services for a three-year period and authorizes the City Engineer to approve work related to the agreement within the overall contract amount of $600,000 when consistent with existing appropriations.

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 Construction Testing Services, Inc., attached hereto as Exhibit A, in an amount not-to-exceed $600,000, for on-call geotechnical engineering and materials testing consulting services.

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on June 26, 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 –Professional Services Agreement with Construction Testing Services 66 PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2023, by and between the City of Livermore (“City”), a municipal corporation, and Construction Testing Services, Inc. (“Consultant”),a California corporation.

RECI
TALS
Ci
ty requires professional services to provide construction inspection, special inspections, and materials testing services.

Cons
ultant 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.

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

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

Geot
echnical Engineering and Material Testing Consulting Services On an On-Call Basis

4. Consultant’s Responsibilities. Consultant shall:
(a) Dilig
ently perform the Services in a manner commensurate with industry, professional, and community standards;
(b) Pr
ovide the resources necessary to complete the Services in a timely manner;
(c) Ob
tain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
67892
(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 Michael Stamm (“Project Manager”), or such other person designated as the Project Manager by City; (
g) Be available to the Project Manager, and other parties referred to Consultant by the Project Manager, to answer questions or inquiries related to the Services;
(
h) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested. Consultant shall not submit an invoice to City more frequently than once a calendar month; (i) Keep
and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

Consultant shall make the i nvoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Consultant shall give City 30 calendar-days’ written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants them, Consultant and City shall coordinate their delivery to City in the most efficient manner possible;
(j)
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: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
68893

5. Compensation and Payment.

(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $ 600,000 ( "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 commence s on July 1, 2023, and terminates upon the completion of the Services or June 30, 2026, whichever occurs first.

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 access to the information to perform the S ervices. This obligation shall survive DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
69894
termination and remain in full force and effect until the information, and any copies thereof, are destroyed or returned to City.

(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).

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.

DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
70895

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.

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.

DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
71896

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

TO CONSULTANT: Attention: Patrick Greenan, President/Principal-in-Charge Construction Testing Services, Inc.
2118 Rheem Drive
Pleasanton, CA 94588

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

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

Signatures and Attachment List on the Next Page
DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
72897
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.

CONSULTANT: Dated:

____________________________ ___________________________ By: Patrick Greenan,
Title: President/Principal-in-Charge

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ By: Marianna Marysheva
Title: City Manager

APPROVED AS TO FORM:

___________________________
Assistant/City Attorney

APPROVED AS TO INSURANCE:

_______________________
Risk Manager/Analyst

Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements

DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A 5/30/2023 | 4:08 PM PDT

EXHIBIT A
73898
EXHIBIT “A”

SCOPE OF SERVICES & HOURLY RATES

GEOTHECHNICAL ENGINEERING, MATERIAL

TESTING AND INSPECTION

The Consultant will assign the qualified personnel to perform the work under schedules to be developed jointly with the Community Development Department, Engineering Division. Most of the requests for services will be handled by phone call or field contact the day prior. Some requests may be made the same day as needs may dictate.

The Consultant will be working with the Construction Inspection Manager and Design/Construction Section’s engineers and technicians on a multitude of City capital improvement projects, encroachment permits, and private developments where public improvements are being constructed. The Consultant will work only by written request of the City’s Construction Inspection Manager, Assistant City Engineer, or City Engineer, no calls for services to be accepted via any other source (i.e., contractors, developers, and consultants) or that are not in writing by authorized City Staff. The Consultant is to report all findings in the performance of services to the City within a reasonable mutually agreed upon time frame.

At the request of the City, the Consultant may perform the following work:

• Quality assurance testing on trench backfill, roadway embankments, pavements, and subgrades being performed in accordance with City approved plans and specifications and/or issued encroachment permits, all as per City Standard Details and Specifications, Caltrans Standard Specifications and Test Methods or as otherwise specified.

• Geotechnical investigative work, in relation to City streets and City structures.

Federal Highway Projects will be required to meet the City’s Quality Assurance Program for Federal Highway Projects (RFP Exhibit 2). Some investigative work requested may be in relation to aspects of concern where proposed City Buildings and related facilities may be constructed (such as, determinations of physical characteristics of soils at sites, including those parameters relating to particular design considerations). The Consultant may be asked to prepare soils reports for various City infrastructure projects or perform environmental site assessments for various properties.

• Investigative work to determine remediation and alternative plans primarily where field conditions don’t match original design parameters or the construction detail is precluded by field conditions or specification compliance may be unachievable or where designs may have been found to be inadequate during or after construction.

DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
74899
• Special inspections as required by Chapter 17 of the 2019 Edition of the California Building Code, including welding, post tension, concrete, reinforcement steel. Special Inspectors must be recognized by the Special Inspection Joint Review Committee. See Building Department handout (RFP Exhibit 3) for additional information relating to Special Inspection.

• Environmental site assessments and reconnaissance, including but not limited to asbestos, PCB, and lead abatement. Development of environmental abatement specifications. Ability to monitor friable asbestos and other hazardous materials during demolition, and provide inspection reports

• Coatings inspection and testing at various facilities. (I.E. sewer treatment plant)

• Hazardous material testing and/or survey for the classification of excavation and off-haul material and soils for various sites.

• SWPPP inspections and reporting. Develop SWPPP plans for construction projects and site monitoring.

• Availability of temporary inspection personnel if requested.

• Quality assurance testing for paving and grading, and structures.

• Materials sampling & testing including but not limited to concrete, structural steel, fire proofing, post tension asphalt concrete, aggregates, soils, coating & paints.

• Soils reports & investigations to determine soil structural characteristics, porosity, and stability. Develop geotechnical corrective recommendations when field conditions varies from the soil reports.

• Environmental testing of soils, groundwater, and gases as necessary to development of soils management plans.

The selected firm must have personnel certified by Caltrans to perform material testing on state funded projects and an available soils laboratory also certified by the State of California. Qualified consultants are requested to submit proposals to the City as provided herein and if successful, to sign the Agreement.

DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
75900
2019 California Building
DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
76901
DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
77902
DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
78903
DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
79904
DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
80905
DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
81906
DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
82907

EXHIBIT B

INSURANCE REQUIREMENTS

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

1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$3,000,000 per occurrence/$6,000,000 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:

4. Professional Liability/Errors and Omissions:
$1,000,000 per claim. In the event the professional liability insurance required by this contract is written on a claims-made basis, Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

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

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

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

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

DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
83908

1. The City of Livermore, its officers, officials, employees, and designated 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.

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.

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

DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
84909

CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

June 26, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of an agreement with BSK Associates to provide on-call geotechnical engineering and material testing consulting services for a three-year term, in an amount not-to-exceed $600,000.

RECOMMENDED ACTION

SUMMARY
The Engineering Division needs consultants to perform on-call geotechnical and materials testing to provide quality assurance inspection, testing and acceptance on construction projects including subdivisions, capital projects and encroachment permits. These services include quality assurance testing on backfill and pavement, concrete testing, soils testing and geotechnical investigative work, special inspections as required by Chapter 17 of the current edition of the California Building Code, and environmental inspections and investigations. This agreement for professional services with BSK Associates will provide on-call geotechnical engineering and material testing consulting services for a three-year term. The agreement has a not-to-exceed amount of sum of $600,000.

DISCUSSION
Staff sent out a Request for Proposals to firms interested in the on-call geotechnical engineering and materials testing contract. Ten Statements of Qualifications were received from the following firms:

Consultant Name
Consultant Location
BSK Associates
Livermore
Geocon Consultants, Inc
Livermore
ENGEO Inc.

San Ramon
Atlas Technical Consultants LLC
Livermore
85 Apex Testing Laboratories, Inc.

San Francisco
Construction Testing Services
Pleasanton
RES Engineering, Inc,
San Francisco
Universal Engineering Services
Stockton
Ninyo& More
Alameda
Smith Emery
San Francisco

A four-person selection committee reviewed the statements and chose the top four firms, BSK Associates, Construction Testing Services, Atlas Technical Consultants. and Geocon Consultants, Inc., for intervie
ws. The firms were rated based on responsiveness to the requirements specified in the Request for Proposals. In order to meet the consultant services needs of the City, staff is recommending award of contracts to the top two firms, BSK Associates and Construction Testing Services Inc. Each of the firms selected has specific areas of expertise which will allow staff flexibility when assigning work.

This agreement with BSK Associates will commence on July 1, 2023, and terminate June 30, 2026.

FISCAL AND ADMINISTRATIVE IMPACTS

COMMUNITY PILLAR
5: A City That Works

GOAL
14: Develop, operate, and maintain the City's infrastructure

GUIDING DOCUMENT
2023-2028 Capital Improvement Plan

ATTACHMENTS

1. Resolution

2. Exhibit A - Professional Services Agreement with BSK Associates.

Prepared by: Mike Stamm
Construction Inspection Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BSK

ASSOCIATES TO PROVIDE ON-CALL GEOTECHNICAL ENGINEERING AND

MATERIAL TESTING CONSULTING SERVICES IN AN AMOUNT NOT-TO-EXCEED $600,000
The Engineering Division requires on-call geotechnical engineering and materials testing to provide quality assurance inspection, testing and acceptance on construction projects including subdivisions, capital improvement projects, and encroachment permits.

These services include quality assurance testing on backfill and pavement, concrete testing, soils testing and geotechnical investigative work, special inspections as required by Chapter 17 of the current edition of the California Building Code, and environmental inspections and investigations.

BSK Associates (BSK) has been providing geotechnical engineering and materials testing consulting services for over 39 years and are located here in Livermore and can respond quickly and efficiently to material sampling and inspection requests.

BSK is presently providing on-call geotechnical engineering and material testing consulting services for the City of Livermore and has for the past 7½ years. BSK is experienced and knowledgeable in providing inspection and testing services for public buildings, airports, underground utilities, streets, transportation infrastructures and environmental engineering services and they have a fully accredited independent Caltrans certified testing laboratory located in Livermore.

BSK has a team of construction inspectors and engineers with extensive experience that have completed projects for other cities in the Bay Area and throughout Northern and Southern California.

This agreement covers on-call services for a three-year period and authorizes the City Engineer to approve work related to the agreement within the overall contract amount of $600,000 when consistent with existing appropriations.

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 BSK Associates, attached hereto as Exhibit A, in an amount not-to- exceed $600,000, for on-call geotechnical engineering and materials testing consulting services.

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on June 26, 2023, by the following vote:
87 RESOLUTION NO. ________
AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made and entered into this day of , 2023, by and between the City of Livermore (“City”), a municipal corporation, and BSK Associates (“Consultant”),a California corporation.

RECITALS

City requires professional services to provide construction inspection, special inspections, and materials testing services.

AGREEMENT

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

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

Geotechnical Engineering and Material Testing Consulting Services on an On-Call Basis

4. Consultant’s Responsibilities. Consultant shall:

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

(b) Provide the resources necessary to complete the Services in a timely manner;

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

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

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

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

(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 Cali fornia 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: DB2D5563-162C-42B8-B309-5FB36AB72315

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5. Compensation and Payment.

(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 commence s on July 1, 2023, and terminates upon the completion of the Services or June 30, 2026, whichever occurs first.

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 access to the information to perform the S ervices. This obligation shall survive DocuSign Envelope ID: DB2D5563-162C-42B8-B309-5FB36AB72315

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termination and remain in full force and effect until the information, and any copies thereof, are destroyed or returned to City.

(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).

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.

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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.

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.

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

TO CONSULTANT: Attention: Tim Rodriguez,
Chief Operating Officer of Engineering
399 Lindgergh Ave.

Livermore, CA 94551

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

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

Signatures and Attachment List on the Next Page
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I n conc
urrence 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.

CONSULTANT: Dated:

____________________________ ___________________________ By: Tjm Rodriguez,
Title: Chief Operating Officer of Engineering

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ By: Marianna Marysheva
Title: City Manager

APPROVED AS TO FORM:

___________________________
Assistant/City Attorney

APPROVED AS TO INSURANCE:

_______________________
Risk Manager/Analyst

Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements

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DocuSign Envelope ID: DB2D5563-162C-42B8-B309-5FB36AB72315

EXHIBIT A
97 EXHIBIT 3
2019 California Building
DocuSign Envelope ID: DB2D5563-162C-42B8-B309-5FB36AB72315

EXHIBIT A
98 EXHIBIT 3
DocuSign Envelope ID: DB2D5563-162C-42B8-B309-5FB36AB72315

EXHIBIT A
99 BSK Associates - Schedule of Fees - July 1, 2023 through June 30, 2028 - City of Livermore

PROFESSIONAL STAFF 7/1/23 to 6/30/24 7/1/24 to 6/30/25 7/1/25 to 6/30/26 7/1/26 to 6/30/28 7/1/27 to 6/30/28 Principal 270.00$ 278.00$ 286.00$ 295.00$ 304.00$ Senior Professional 240.00$ 247.00$ 254.00$ 262.00$ 270.00$ Project Professional II 225.00$ 232.00$ 239.00$ 246.00$ 253.00$ Project Professional I 190.00$ 196.00$ 202.00$ 208.00$ 214.00$ Staff Professional II 170.00$ 175.00$ 180.00$ 185.00$ 191.00$ Staff Professional I 150.00$ 155.00$ 160.00$ 165.00$ 170.00$ Seismic GIS 210.00$ 216.00$ 222.00$ 229.00$ 236.00$ GIS Specialist 150.00$ 155.00$ 160.00$ 165.00$ 170.00$ Information Specialist II 170.00$ 175.00$ 180.00$ 185.00$ 191.00$ Information Specialist II 150.00$ 155.00$ 160.00$ 165.00$ 170.00$ CAD 110.00$ 113.00$ 116.00$ 119.00$ 123.00$ Project Administrator 105.00$ 108.00$ 111.00$ 114.00$ 117.00$ Project Professional (Report Review) 190.00$ 196.00$ 202.00$ 208.00$ 214.00$ TECHNICAL STAFF (PREVAILING WAGE) 7/1/23 to 6/30/24 7/1/24 to 6/30/25 7/1/25 to 6/30/26 7/1/26 to 6/30/28 7/1/27 to 6/30/28 Group 1 - Special Inspector 160.00$ 165.00$ 170.00$ 175.00$ 180.00$ Group 2 - Special Inspector 155.00$ 160.00$ 165.00$ 170.00$ 175.00$ Group 3 - Engineering Technician 147.00$ 151.00$ 156.00$ 161.00$ 166.00$ Group 4 - Technician 131.00$ 135.00$ 139.00$ 143.00$ 147.00$ Ground Penetrating Radar Scanning Technician 300.00$ 309.00$ 318.00$ 328.00$ 338.00$ Core Drilling Technician 230.00$ 237.00$ 244.00$ 251.00$ 259.00$ Floor Flatness Testing Technician 200.00$ 206.00$ 212.00$ 218.00$ 225.00$ Sample Pickup / Transportation / Delivery 115.00$ 118.00$ 122.00$ 126.00$ 130.00$ Laboratory Technician 125.00$ 129.00$ 133.00$ 137.00$ 141.00$ Administrative Assistant / Clerical 95.00$ 98.00$ 101.00$ 104.00$ 107.00$ Litigation support

BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES (CONSTRUCTION

PROJECTS ONLY)
Field Work from 0 to 4 hours
Field Work from 4 to 6 hours
Field Work from 6 to 8 hours
Field Work over 8 hours / Saturdays
Sundays, holidays and over 12 hours
Swing shift (4:00pm to Midnight)
Graveyard Shift
Show-up time (no work performed)
Sampling or cylinder pickup, minimum charge
Mileage (Portal to Portal)
Per Diem (as required)
Bridge Toll
Parking Fees
EQUIPMENT USAGE FEES 7/1/23 to 6/30/24 7/1/24 to 6/30/25 7/1/25 to 6/30/26 7/1/26 to 6/30/28 7/1/27 to 6/30/28 Nuclear Gauge (Day)
Ultrasonic Weld Equipment (Day) 67.00$ 69.00$ 71.00$ 73.00$ 75.00$ Torque Wrench (Day) 67.00$ 69.00$ 71.00$ 73.00$ 75.00$ Proof Load Equipment (Day) 67.00$ 69.00$ 71.00$ 73.00$ 75.00$ Rebar Locator / Pachometer 122.00$ 126.00$ 130.00$ 134.00$ 138.00$ Hand Auger (Day) 244.00$ 251.00$ 259.00$ 267.00$ 275.00$ Water Meter (Day) 62.00$ 64.00$ 66.00$ 68.00$ 70.00$ Drilling Kit - Paint, stakes and lath - (Project) 32.00$ 33.00$ 34.00$ 35.00$ 36.00$ Drilling Supplies - Reuse of tubes/caps (Project) 305.00$ 314.00$ 323.00$ 333.00$ 343.00$ Manometer (Day) 235.00$ 242.00$ 249.00$ 256.00$ 264.00$ Double Ring Infiltrometer (Day) 608.00$ 626.00$ 645.00$ 664.00$ 684.00$ Cost + 15%
No Charge for Services in Livermore ($1.00/mile for remote work) $210.00

PERSONNEL RATES

1.5x standard rate
Cost + 15%
Bill two times base rate (2x)
Base Rate x 12.5%
Base Rate x 12.5%
Bill 2 hours
Bill 1 hour
4/3/2020 to 6/30/2025
Bill 4 hours
Bill 6 hours
Bill 8 hours
Bill time and a half base rate (1.5x)
No Charge

Page 1 of 5 ends

DocuSign Envelope ID: DB2D5563-162C-42B8-B309-5FB36AB72315 EXHIBIT A 100
BSK Associates - Schedule of Fees - July 1, 2023 through June 30, 2028 - City of Livermore

ANALYSIS SOFTWARE USAGE FEES 7/1/23 to 6/30/24 7/1/24 to 6/30/25 7/1/25 to 6/30/26 7/1/26 to 6/30/28 7/1/27 to 6/30/28 gINT (Project) 62.00$ 64.00$ 66.00$ 68.00$ 70.00$ LPile (Project) 62.00$ 64.00$ 66.00$ 68.00$ 70.00$ APile (Project) 62.00$ 64.00$ 66.00$ 68.00$ 70.00$ SHAFT (Project) 62.00$ 64.00$ 66.00$ 68.00$ 70.00$ GROUP (Project) 121.00$ 125.00$ 129.00$ 133.00$ 137.00$ Cliq (Project) 62.00$ 64.00$ 66.00$ 68.00$ 70.00$ LiquefyPro (Project) 62.00$ 64.00$ 66.00$ 68.00$ 70.00$ LiqIT (Project) 62.00$ 64.00$ 66.00$ 68.00$ 70.00$ NovoLIQ (Project) 62.00$ 64.00$ 66.00$ 68.00$ 70.00$ Slide (Project) 121.00$ 125.00$ 129.00$ 133.00$ 137.00$ Settle3D (Project) 121.00$ 125.00$ 129.00$ 133.00$ 137.00$ ArcGIS (Project) 62.00$ 64.00$ 66.00$ 68.00$ 70.00$ SOILS 7/1/23 to 6/30/24 7/1/24 to 6/30/25 7/1/25 to 6/30/26 7/1/26 to 6/30/28 7/1/27 to 6/30/28 Moisture Density Curves / Test
Standard Proctor, 4" (ASTM/AASHTO) 282.00$ 290.00$ 299.00$ 308.00$ 317.00$ Modified Proctor, 4" Mold (ASTM/AASHTO) 282.00$ 290.00$ 299.00$ 308.00$ 317.00$ Modified Proctor, 6" mold (ASTM D1557) 300.00$ 309.00$ 318.00$ 328.00$ 338.00$ Caltrans Maximum Wet Density (CT 216) 257.00$ 265.00$ 273.00$ 281.00$ 289.00$ Check Point 163.00$ 168.00$ 173.00$ 178.00$ 183.00$ Tube Density 60.00$ 62.00$ 64.00$ 66.00$ 68.00$ Moisture Content of Soils (ASTM D2216) 51.00$ 53.00$ 55.00$ 57.00$ 59.00$ Particle Size Analysis
Sieve Analysis w/ Wash (ASTM D422) 205.00$ 211.00$ 217.00$ 224.00$ 231.00$ Minus #200 Wash, Soil (ASTM D1140) 100.00$ 103.00$ 106.00$ 109.00$ 112.00$ Hydrometer Analysis (ASTM D422) 269.00$ 277.00$ 285.00$ 294.00$ 303.00$ Double Hydrometer (ASTM D4221) 375.00$ 386.00$ 398.00$ 410.00$ 422.00$ Specific Gravity of Soil (ASTM D854) 192.00$ 198.00$ 204.00$ 210.00$ 216.00$ Visual Classification (ASTM D2488) 51.00$ 53.00$ 55.00$ 57.00$ 59.00$ Sand Equivalent (ASTM D2419) 151.00$ 156.00$ 161.00$ 166.00$ 171.00$ % Organics in Soil (ASTM D2974) 164.00$ 169.00$ 174.00$ 179.00$ 184.00$ Atterberg Limits / Swell Tests
Plasticity Index (ASTM D4318) 263.00$ 271.00$ 279.00$ 287.00$ 296.00$ Shrinkage Limits of Soils (ASTM D427) 245.00$ 252.00$ 260.00$ 268.00$ 276.00$ Expansion Index of Soils (UBC No. 29) 282.00$ 290.00$ 299.00$ 308.00$ 317.00$ "R" Value Determination
R-Value of Soils (CT 301) 477.00$ 491.00$ 506.00$ 521.00$ 537.00$ R-Value of Treated Materials (CT 301)) 527.00$ 543.00$ 559.00$ 576.00$ 593.00$ Consolidation Tests
Consolidation (ASTM D2435) 502.00$ 517.00$ 533.00$ 549.00$ 565.00$ Consolidation , Extra Points (ASTM D2435) 67.00$ 69.00$ 71.00$ 73.00$ 75.00$ Collapse Potential of Soils (ASTM D2435) 245.00$ 252.00$ 260.00$ 268.00$ 276.00$ Remolded Consolidation (ASTM D2435) 425.00$ 438.00$ 451.00$ 465.00$ 479.00$ One-Dimen Swell of Soil (ASTM D4546) 156.00$ 161.00$ 166.00$ 171.00$ 176.00$ California Bearing Ratio (CBR)
CBR at 100% (ASTM D1883 or AASHTO T-180) 614.00$ 632.00$ 651.00$ 671.00$ 691.00$ CBR at 95% (ASTM D1883 or AASHTO T-180) 1,190.00$ 1,226.00$ 1,263.00$ 1,301.00$ 1,340.00$ Permeability Tests
Rigid Wall Permeability (ASTM D2434) 338.00$ 348.00$ 358.00$ 369.00$ 380.00$ Flexible Wall Permeability (ASTM D5084) 527.00$ 543.00$ 559.00$ 576.00$ 593.00$ Remolded Flexwall Perm (ASTM D5084) 670.00$ 690.00$ 711.00$ 732.00$ 754.00$ Soil Corrosivity Tests
Minimum Resistivity of Soils (CT 643) 169.00$ 174.00$ 179.00$ 184.00$ 190.00$ pH 79.00$ 81.00$ 83.00$ 85.00$ 88.00$ Soluble Sulfate, Chloride and Sulfide 156.00$ 161.00$ 166.00$ 171.00$ 176.00$ Soil Cement Tests
Freeze Thaw Abrasion (ASTM D560) 751.00$ 774.00$ 797.00$ 821.00$ 846.00$ Wetting-Drying Abrasion (ASTM D559) 713.00$ 734.00$ 756.00$ 779.00$ 802.00$ Preparation of Freeze-Thaw or Wetting-Drying Tests 902.00$ 929.00$ 957.00$ 986.00$ 1,016.00$ Soil Cement Compression (ASTM D1633) 289.00$ 298.00$ 307.00$ 316.00$ 325.00$

MATERIALS LABORATORY TESTS

Page 2 of 5 ends

DocuSign Envelope ID: DB2D5563-162C-42B8-B309-5FB36AB72315 EXHIBIT A 101
BSK Associates - Schedule of Fees - July 1, 2023 through June 30, 2028 - City of Livermore

Other
Sample Preparation 125.00$ 129.00$ 133.00$ 137.00$ 141.00$ Sand Density Calibration (ASTM D1566) 112.00$ 115.00$ 118.00$ 122.00$ 126.00$ Unconfined Compression
Unconfined Compression (ASTM D2166) 151.00$ 156.00$ 161.00$ 166.00$ 171.00$ Shear Tests
Direct Shear, Undisturbed (ASTM D3080) 263.00$ 271.00$ 279.00$ 287.00$ 296.00$ Direct Shear, Remolded (ASTM D3080) 314.00$ 323.00$ 333.00$ 343.00$ 353.00$ Triaxial Compression Testing
AGGREGATES 7/1/23 to 6/30/24 7/1/24 to 6/30/25 7/1/25 to 6/30/26 7/1/26 to 6/30/28 7/1/27 to 6/30/28 Sieve Analysis Coarse or Fine (ASTM C136) 100.00$ 103.00$ 106.00$ 109.00$ 112.00$ Sieve Analysis w/ Fineness Modulus 107.00$ 110.00$ 113.00$ 116.00$ 119.00$ Minus 200 Wash, Aggregates (ASTM C117) 100.00$ 103.00$ 106.00$ 109.00$ 112.00$ Specific Gravity/Absorption (ASTM C127) 192.00$ 198.00$ 204.00$ 210.00$ 216.00$ Specific Gravity/Absorption (ASTM C128) 192.00$ 198.00$ 204.00$ 210.00$ 216.00$ Organic Impurities (ASTM C40) 100.00$ 103.00$ 106.00$ 109.00$ 112.00$ % Lumps/Friable Particles (ASTM C142) 97.00$ 100.00$ 103.00$ 106.00$ 109.00$ % Flat and Elongated (ASTM D4791) 151.00$ 156.00$ 161.00$ 166.00$ 171.00$ Fine Aggregate Angularity (AASHTO 304) 97.00$ 100.00$ 103.00$ 106.00$ 109.00$ Moisture Content (ASTM D2216) 51.00$ 53.00$ 55.00$ 57.00$ 59.00$ Aggregate Wt., pcf Compacted (ASTM C29) 106.00$ 109.00$ 112.00$ 115.00$ 118.00$ Aggregate Wt., pcf Loose (ASTM C29) 79.00$ 81.00$ 83.00$ 85.00$ 88.00$ Abrasion by LA Rattler, Small Size (ASTM C131) 282.00$ 290.00$ 299.00$ 308.00$ 317.00$ Abrasion by LA Rattler, Large Size (ASTM C131) 343.00$ 353.00$ 364.00$ 375.00$ 386.00$ Sodium Sulfate Soundness, Per Sieve (ASTM C88) 131.00$ 135.00$ 139.00$ 143.00$ 147.00$ Sodium Sulfate Soundness, Min. Charge (ASTM C88) 419.00$ 432.00$ 445.00$ 458.00$ 472.00$ Sand Equivalent (ASTM D2419 OR CT 217-I) 151.00$ 156.00$ 161.00$ 166.00$ 171.00$ Durability Index (CT 229) 300.00$ 309.00$ 318.00$ 328.00$ 338.00$ Potential Reactivity of Aggregates
Cleanness Value of Aggregate (CT 227) 216.00$ 222.00$ 229.00$ 236.00$ 243.00$ Hydrometer (ASTM D422 OR CT 205-E) 269.00$ 277.00$ 285.00$ 294.00$ 303.00$ % Crushed particles (CT 205) 198.00$ 204.00$ 210.00$ 216.00$ 222.00$ Lightweight Pieces (ASTM 123) 263.00$ 271.00$ 279.00$ 287.00$ 296.00$ HOT MIX ASPHALT 7/1/23 to 6/30/24 7/1/24 to 6/30/25 7/1/25 to 6/30/26 7/1/26 to 6/30/28 7/1/27 to 6/30/28 JMF Mix Design, HVEEM 3,719.00$ 3,831.00$ 3,946.00$ 4,064.00$ 4,186.00$ JMF Mix Design, Marshall 4,407.00$ 4,539.00$ 4,675.00$ 4,815.00$ 4,959.00$ JMF Mix Design, Superpave / Caltrans 10,737.00$ 11,059.00$ 11,391.00$ 11,733.00$ 12,085.00$ JMF Verification - HMA - Superpave / Caltrans 6,222.00$ 6,409.00$ 6,601.00$ 6,799.00$ 7,003.00$ JMF Production Startup - Superpave / Caltrans 5,789.00$ 5,963.00$ 6,142.00$ 6,326.00$ 6,516.00$ RAP Material Testing - Additional Fee 753.00$ 776.00$ 799.00$ 823.00$ 848.00$ Rubberized RHMA Material - Additional Fee 1,737.00$ 1,789.00$ 1,843.00$ 1,898.00$ 1,955.00$ Hamburg Wheel Track (AASHTO T324) 3,155.00$ 3,250.00$ 3,348.00$ 3,448.00$ 3,551.00$ Gyratory Compaction (AASHTO T312) 401.00$ 413.00$ 425.00$ 438.00$ 451.00$ AC Content by Centrifuge (ASTM D2172) 344.00$ 354.00$ 365.00$ 376.00$ 387.00$ AC Content-Ignition (ASTM D6307 / CT382 / AASHTO T308) 269.00$ 277.00$ 285.00$ 294.00$ 303.00$ Superpave Ignition Oven Correction (AASHTO T308) 625.00$ 644.00$ 663.00$ 683.00$ 703.00$ Moisture Content of Asphalt (CT 370) 79.00$ 81.00$ 83.00$ 85.00$ 88.00$ Gradation/Extraction Aggregate (ASTM D5444) 163.00$ 168.00$ 173.00$ 178.00$ 183.00$ Film Stripping 107.00$ 110.00$ 113.00$ 116.00$ 119.00$ Compaction/Preparation of HMA Briquette (CT 304) 263.00$ 271.00$ 279.00$ 287.00$ 296.00$ Stabilometer Value (CT 366 / AASHTO T246) 211.00$ 217.00$ 224.00$ 231.00$ 238.00$ AC Core Specific Gravity (ASTM D2726) 67.00$ 69.00$ 71.00$ 73.00$ 75.00$ AC Core Specific Gravity - Paraffin Coated (AASHTO T275) 175.00$ 180.00$ 185.00$ 191.00$ 197.00$ AC Max Density Rice Method (ASTM D2041) 300.00$ 309.00$ 318.00$ 328.00$ 338.00$ CIR/FDR Comp. Str. Testing (pre-copmpacted specimen, includes conditioning) - CTM 371 289.00$ 298.00$ 307.00$ 316.00$ 325.00$ Tensile Strength Ratio (AASHTO T283) 1,316.00$ 1,355.00$ 1,396.00$ 1,438.00$ 1,481.00$ Moisture Vapor Susceptibility (CT 307) 245.00$ 252.00$ 260.00$ 268.00$ 276.00$ AC Surface Abrasion (CT 360) 601.00$ 619.00$ 638.00$ 657.00$ 677.00$ Index Retained Strength (ASTM D1074-D1075) 538.00$ 554.00$ 571.00$ 588.00$ 606.00$ AC Hveem Maximum Density (CT 375) 538.00$ 554.00$ 571.00$ 588.00$ 606.00$ Marshall Stability and Flow (ASTM D6927) 300.00$ 309.00$ 318.00$ 328.00$ 338.00$ Calculated AC Maximum Density (CT 367) 119.00$ 123.00$ 127.00$ 131.00$ 135.00$ Marshall Maximum Density, 50 Blows (ASTM D6926) 350.00$ 361.00$ 372.00$ 383.00$ 394.00$ Examination of AC Cores 41.00$ 42.00$ 43.00$ 44.00$ 45.00$ Thickness Determination of AC Cores 26.00$ 27.00$ 28.00$ 29.00$ 30.00$ AC Tensile-Strength Premixed ASTM D4867 777.00$ 800.00$ 824.00$ 849.00$ 874.00$ AC Tensile-Strength Lab Mixed ASTM D4867 1,316.00$ 1,355.00$ 1,396.00$ 1,438.00$ 1,481.00$ QUOTE

MATERIALS LABORATORY TESTS (CONTINUED)
QUOTE

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DocuSign Envelope ID: DB2D5563-162C-42B8-B309-5FB36AB72315 EXHIBIT A 102
BSK Associates - Schedule of Fees - July 1, 2023 through June 30, 2028 - City of Livermore

REINFORCING STEEL 7/1/23 to 6/30/24 7/1/24 to 6/30/25 7/1/25 to 6/30/26 7/1/26 to 6/30/28 7/1/27 to 6/30/28 Tensile & Bend of Rebar, #3 - #8 177.00$ 182.00$ 187.00$ 193.00$ 199.00$ Tensile & Bend of Rebar, #9 - #11 177.00$ 182.00$ 187.00$ 193.00$ 199.00$ Bend Test of Rebar 69.00$ 71.00$ 73.00$ 75.00$ 77.00$ Slip and Tensile Rebar Couplers (CT 670) 258.00$ 266.00$ 274.00$ 282.00$ 290.00$ Tension Test of Welded Wire Fabric
Bend Test of Welded Wire Fabric
Weld Shear Test, Welded Wire Fabric
PT Cable Tensile and Elongation (ASTM A416 or A421) 326.00$ 336.00$ 346.00$ 356.00$ 367.00$ PT Cable Preparation
CONCRETE 7/1/23 to 6/30/24 7/1/24 to 6/30/25 7/1/25 to 6/30/26 7/1/26 to 6/30/28 7/1/27 to 6/30/28 Cement Content Concrete (ASTM C1084) 453.00$ 467.00$ 481.00$ 495.00$ 510.00$ Chemical Test (ASTM C150)
Set Times Cement-Vicat Needle (ASTM C191) 375.00$ 386.00$ 398.00$ 410.00$ 422.00$ Specific Gravity of Hydraulic Cement (ASTM C191) 181.00$ 186.00$ 192.00$ 198.00$ 204.00$ Lineal Shrinkage Set of 3 (ASTM C157) 477.00$ 491.00$ 506.00$ 521.00$ 537.00$ Compression Test of Concrete - 1 (ASTM C39) 41.00$ 42.00$ 43.00$ 44.00$ 45.00$ Compression Test of Concrete - 4 (ASTM C39) 163.00$ 168.00$ 173.00$ 178.00$ 183.00$ Compression Test of Core (ASTM C42) 72.00$ 74.00$ 76.00$ 78.00$ 80.00$ Preparation of Specimens, Sawing 82.00$ 84.00$ 87.00$ 90.00$ 93.00$ Compressive Strength of Shotcrete Panel 382.00$ 393.00$ 405.00$ 417.00$ 430.00$ Proportion of Cement in Concrete (ASTM C85) 419.00$ 432.00$ 445.00$ 458.00$ 472.00$ Flexural Test Per Beam (ASTM C78) 107.00$ 110.00$ 113.00$ 116.00$ 119.00$ Splitting Tensile Strength of Concrete (ASTM C496) 107.00$ 110.00$ 113.00$ 116.00$ 119.00$ Unit Weight Lt Wt Concrete (ASTM C567) 67.00$ 69.00$ 71.00$ 73.00$ 75.00$ "AZ" Test-Reinforced Concrete Pipe "Life Factor" 93.00$ 96.00$ 99.00$ 102.00$ 105.00$ 9 Pt Core Measurements, Each (ASTM C174) 41.00$ 42.00$ 43.00$ 44.00$ 45.00$ Concrete Trial Batches
Unit Weight & Abs Concrete (ASTM D642) 151.00$ 156.00$ 161.00$ 166.00$ 171.00$ Accelerated Curing of Concrete (ASTM C684) 300.00$ 309.00$ 318.00$ 328.00$ 338.00$ Cylinder Molds (each) 8.00$ 8.00$ 8.00$ 8.00$ 8.00$ Storage of Concrete Cylinders for more than 45 Days 69.00$ 71.00$ 73.00$ 75.00$ 77.00$ RH Probe 69.00$ 71.00$ 73.00$ 75.00$ 77.00$ Calcium Chloride Kit 46.00$ 47.00$ 48.00$ 49.00$ 50.00$ Mixing Water (pH, elec. conductance, chloride, sulfate) 119.00$ 123.00$ 127.00$ 131.00$ 135.00$ Contact Soil (pH, elec. conductance, chloride, sulfate) 143.00$ 147.00$ 151.00$ 156.00$ 161.00$ MASONRY 7/1/23 to 6/30/24 7/1/24 to 6/30/25 7/1/25 to 6/30/26 7/1/26 to 6/30/28 7/1/27 to 6/30/28 Compression Test Pavers, Single 92.00$ 95.00$ 98.00$ 101.00$ 104.00$ Compression Test Composit CMU Prism 198.00$ 204.00$ 210.00$ 216.00$ 222.00$ Specific Gravity and Unit Weight 138.00$ 142.00$ 146.00$ 150.00$ 155.00$ Moisture Content 64.00$ 66.00$ 68.00$ 70.00$ 72.00$ Compression Test, Masonry Units (ASTM C140) 125.00$ 129.00$ 133.00$ 137.00$ 141.00$ Absorption / Moisture Content (ASTM C140) 125.00$ 129.00$ 133.00$ 137.00$ 141.00$ Linear Shrinkage (ASTM C426) 483.00$ 497.00$ 512.00$ 527.00$ 543.00$ Masonry Core Shear Test (Title 24) 225.00$ 232.00$ 239.00$ 246.00$ 253.00$ Masonry Core Compression/Shear Test (Title 24) 225.00$ 232.00$ 239.00$ 246.00$ 253.00$ Compression Test Brick, Each (ASTM C67) 93.00$ 96.00$ 99.00$ 102.00$ 105.00$ Absorption/ Unit Wt. of Brick (ASTM C67) 93.00$ 96.00$ 99.00$ 102.00$ 105.00$ Compression Test Grout (Set of 3 or 4) 144.00$ 148.00$ 152.00$ 157.00$ 162.00$ Compression Test Mortar (Set of 3 or 4) 131.00$ 135.00$ 139.00$ 143.00$ 147.00$

MATERIALS LABORATORY TESTS (CONTINUED)
QUOTE
QUOTE
QUOTE
QUOTE
QUOTE
QUOTE

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DocuSign Envelope ID: DB2D5563-162C-42B8-B309-5FB36AB72315 EXHIBIT A 103
BSK Associates - Schedule of Fees - July 1, 2023 through June 30, 2028 - City of Livermore

WELDING AND STRUCTURAL STEEL 7/1/23 to 6/30/24 7/1/24 to 6/30/25 7/1/25 to 6/30/26 7/1/26 to 6/30/28 7/1/27 to 6/30/28 Welder Qualification Testing
Welder / Procedure Welder Qualification Testing
Face Bend of Steel 72.00$ 74.00$ 76.00$ 78.00$ 80.00$ Root Bend of Weld Coupon 72.00$ 74.00$ 76.00$ 78.00$ 80.00$ Side Bend of Weld Coupon 72.00$ 74.00$ 76.00$ 78.00$ 80.00$ Tensile Test of Steel Coupon 100.00$ 103.00$ 106.00$ 109.00$ 112.00$ Bend Test of Steel Coupon 86.00$ 89.00$ 92.00$ 95.00$ 98.00$ Machining Charges (Per Coupon)
Brinell Hardness of Steel (ASTM E10) 119.00$ 123.00$ 127.00$ 131.00$ 135.00$ Rockwell Hardness of Steel (ASTM E18) 119.00$ 123.00$ 127.00$ 131.00$ 135.00$ Bolt Ultimate Load 159.00$ 164.00$ 169.00$ 174.00$ 179.00$ Bolt Hardness (set of 3) 119.00$ 123.00$ 127.00$ 131.00$ 135.00$ Nut Hardness (set of 3) 119.00$ 123.00$ 127.00$ 131.00$ 135.00$ Washer Hardness (set of 3 119.00$ 123.00$ 127.00$ 131.00$ 135.00$ Proof Loading, bolt or nut 169.00$ 174.00$ 179.00$ 184.00$ 190.00$ FIREPROOFING 7/1/23 to 6/30/24 7/1/24 to 6/30/25 7/1/25 to 6/30/26 7/1/26 to 6/30/28 7/1/27 to 6/30/28 Cohesion/Adhesion Fireproofing Materials 151.00$ 156.00$ 161.00$ 166.00$ 171.00$ Dry Density Fireproofing (ASTM E605) 113.00$ 116.00$ 119.00$ 123.00$ 127.00$ QUOTE
QUOTE

MATERIALS LABORATORY TESTS (CONTINUED)

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DocuSign Envelope ID: DB2D5563-162C-42B8-B309-5FB36AB72315 EXHIBIT A 104
Revised 5/1/2018 B10 – 3M E&O

Page 1 ends

EXHIBIT B

INSURANCE REQUIREMENTS

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

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

3. Workers’ Compensation and Employer's Liability:

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

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

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

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EXHIBIT A
105
Revised 5/1/2018 B10 – 3M E&O

Page 2 ends

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

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

DocuSign Envelope ID: DB2D5563-162C-42B8-B309-5FB36AB72315

EXHIBIT A
106

CITY COUNCIL STAFF REPORT
ITEM NO. 5.7

DATE:

June 26, 2023
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Resolution authorizing execution of an agreement with Terracare Associates for landscape maintenance services for five years
with an option for one five-year extension,
in an amount not-to-exceed $1,150,000.

RECOMMENDED ACTION

SUMMARY
Staff issued a Request for Proposals (RFP) for landscape maintenance services at the Sage Community Facilities District 2016-1 and for the Shea Business Center and Shea Center Montage Landscape Maintenance Districts. Staff have completed their review of the five proposals received and is recommending Terracare Associates (Terracare) as the best value bidder.

DISCUSSION
The Maintenance Division of the Public Works Department is tasked with providing landscape maintenance services for the following assessment districts: Sage Community Facilities District (CFD) 2016-1, Shea Business Center Landscape Maintenance District (LMD) 821, and Shea Center Montage LMD 857.

In order to facilitate this, staff issued a Request for Proposals on April 19, 2023, soliciting proposals from qualified contractors to provide landscape maintenance services in the CFD and LMDs. The RFP requested a standard monthly cost for maintaining specified facilities, as well as additional hourly rates should extra work be necessary. The proposals included the service providers’ qualifications and standard monthly rates. The work includes standard landscape maintenance activities, annual weed abatement, irrigation inspections and repairs, and litter removal.

107
Five service providers submitted proposals and three of them were responsive. The proposal from Prado’s Landscaping did not provide the requested information and was deemed unresponsive.

Bayscape provided a responsive proposal, but their representative was 15 minutes late to the mandatory pre-proposal conference and tour. They missed the entirety of the mandatory conference and this disqualifies Bayscape’s proposal from review.

Staff utilized a multi-step process in determining which landscape maintenance company represented the best value as defined by Livermore Municipal Code (LMC) 2.68.040. Staff recommends that the City Council award an agreement to Terracare as the best value and reject all other bids. Terracare is the lowest bid and represents the best value to the City for landscape maintenance services based on total price, qualifications, experience, and overall quality of proposal. Terracare has a demonstrated record of providing quality service to public agencies, and has the knowledge, expertise, and staffing to meet the needs of the City of Livermore.

The three responsive proposals were as follows:

• Brightview Landscape Services, Inc. - $8,413 per month • Frank + Grossman - $8,456 per month
• Terracare - $7,795 per month

The term of the agreement will be five years with an option for one five-year extension. The total anticipated cost for this agreement is approximately $115,000 per year; with the base price for routine maintenance totaling $95,000 per year, and an additional $20,000 available for additional work as conditions require. The total not-to-exceed cost for a five year term with an option for one five-year extension in an amount not to exceed $1,150,000.

FISCAL AND ADMINISTRATIVE IMPACTS

The funding for this agreement is provided by the following assessment districts: Sage CFD 2016-1, Shea Business Center LMD 821, and Shea Center Montage LMD 857. Sufficient funding for this agreement is currently budgeted on an ongoing basis.

COMMUNITY PILLAR
5: A City That Works

GOAL
14: Develop and maintain the City’s infrastructure, facilities, and property

ATTACHMENTS

1. Resolution

2. Exhibit A - Landscape Maintenance for Sage and Shea Districts 23-0259

Prepared by: Marisa Gan
Management Analyst II

108

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH

TERRACARE ASSOCIATES FOR LANDSCAPE MAINTENANCE SERVICES IN AN AMOUNT NOT-TO-EXCEED $1,150,000
(Sage CFD 2016-1, Shea Business Center LMD 821, Shea Center Montage LMD 857)
The Maintenance Division of the Public Works Department is responsible for providing landscape maintenance services to the Sage Community Facilities District (CFD) 2016-1, Shea Business Center Landscape Maintenance District (LMD) 821, and Shea Center Montage LMD 857.

On April 19, 2023, staff issued a Request for Proposals for landscape maintenance services for CFD 2016-1, LMD 821, and LMD 857. Five service providers submitted proposals and three were responsive. Proposals included a standard monthly cost for maintaining the designated areas. Terracare Associates was selected as the best value proposer.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it authorizes the City Manager to sign, on behalf of the City of Livermore, an agreement with Terracare Associates, attached hereto as Exhibit A, to provide landscape maintenance services for Sage CFD 2016-1, Shea Business Center LMD 821, and Shea Center Montage LMD 857 for a five-year term with an option for one five- year extension in an amount not-to-exceed $1,150,000.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that all other bids or proposals are rejected.

On motion of Council Member __________________________, seconded by Council Member _________________________, the foregoing resolution was passed and adopted on June 26, 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 – Terracare Associates Agreement
110
Agreement for Services Page 1
Rev. 09.2021

AGREEMENT FOR SERVICES
T
HIS AGREEMENT is made and entered into this day of , 2023, by and between the City of Livermore (“City”), a municipal corporation, and Terracare Associates LLC (“Contractor”), a Colorado limited liability company.

RE
CITALS
C
ity requires services to maintain landscape in the Sage Community Facilities District and the Shea Center and Shea Business Center Landscape Maintenance Districts C
ontractor warrants it possesses the distinct skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.

Contractor acknowledges City has relied upon these warranties to retain Contractor.

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

1. Retention as Contractor. City hereby retains Contractor, and Contractor 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. Contractor and its employees are no t City office rs or employees. Contractor 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. Contractor shall provide services to maintain landscape in the Sage Community Facilities District and the Shea Center and Shea Business Center Landscape Maintenance Districts as more particularly set forth in Exhibit "A" (collectively “the Services”).

4. Contractor’s Responsibilities. Contractor 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: 046FE45F-D4E2-4ACD-A7BF-4FAF9146906F

EXHIBIT A
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Agreement for Services Page 2
Rev. 09.2021
(d) Obtain and keep in effect all necessary licenses, permits, qualifications, insurance, and approvals legally and professionally required for Contractor to practice its profession and to provide the Services;

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

(f) Coordinate the Services with Public Works Supervisor-Landscape (“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 Contractor by the Project Manager, to answer questions or inquiries related to the Services;

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

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

Contractor 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. Contractor 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, Contractor 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) Contractor shall correct, at its own expense, all errors in the S ervices.

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

(l) If applicable, Contractor shall ensure that all work for compensation is taken 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, Contractor 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, Contractor 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,

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EXHIBIT A
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Agreement for Services Page 3
Rev. 09.2021
(m) Contractor’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 applicable regulations and guidelines issued pursuant to the ADA.

5. Compensation and Payment.

(a) The total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum o f $1,150,000 ("not-to-exceed amount"). City shall compensate Contractor for the Services rendered at the hourly rates or task amounts set forth in Exhibit “A” up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates or task amounts are intended to be C ontractor’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, travel expenses, overhead and administrative costs, and any -and-all other costs, expenses, and charges incurred by Contractor, its agents, and employees to provide the Services.

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

6. Term. The term of this Agreement commences on July 1, 2023, and terminates upon the completion of the S ervices or June 30, 2028, whichever occurs first. This Agreement may be extended for one additional five-year term by mutual written consent of the parties. The hourly rates set forth in Exhibit A to this Agreement may be increased annually beginning in year three commencing July 1, 202 6 of this Agreement, provided the hourly rates set forth in Exhibit A for compensation are not increased by more than the percentage increase in the Consumer Price Index for all Urban Consumers ("CPI-U") in the San Francisco- Oakland-Hayward, California area from the prior calendar year's CPI-U rate in April.

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

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

9. Copyright and Right of Use. All items created by Contractor for City under this Agreement are works made for hire, and Contractor shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Contractor 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 Contractor to City and Contractor obtains a license to such items for the benefit of City. All licenses must be perpetual, DocuSign Envelope ID: 046FE45F-D4E2-4ACD-A7BF-4FAF9146906F

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

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

12. Insurance. Contractor 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, Contractor 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 . Contractor ’s acceptance of final pay ment will release City from any and all claims and liabilities for compensation under this Agreement.

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14. Acceptance of Work. City’s acceptance of, or payment to Contractor for, the Services does not release Contractor from its responsibility for the accuracy , completeness, or competency of the Services, nor do the actions constitute an assumption of Contractor’s responsibility or liability by City for any defect or error in the Services.

15. Conflict of Interest. Contractor represents that no City employee or official has a financial interest in Contractor . Contractor shall not offer, encourage, or accept any financial interest in any part of Contractor'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, Contractor 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. Contractor 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 Contractors’ financial interest. While it is Contractor ’s sole responsibility to evaluate its conflicts of interest, the Contractor 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 Contractors to provide, services that are the same or similar to the Services described in this Agreement.

18. No Assignment. Contractor 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 Contractor 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 Contractor 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.

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City can be used in place of the original for all purposes with the same effect as if it was the original.

TO CITY: Attention: Public Works Supervisor-Landscape
City of Livermore
1052 S Livermore Avenue
Livermore, California 94550

TO CONTRACTOR: Attention: Justin Stewart
Terracare Associates
5340 Brisa St.

Livermore, CA 94451

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

28. Prevailing Wage Law and the Labor Code . This Agreement is subject to all applicable Labor Code Requirements.

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(a) DIR Registration. City will not enter into Agreement without proof that the Contractor is registered with the California Department of Industrial Relations (“DIR”) to perform public work under Labor Code, Section 1725.5, subject to limited legal exceptions. Should the City determine that Contractor is not so registered after the parties have executed this Agreement, the City shall be entitled to void this Agreement with no consideration to Contractor.

(b) DIR Monitoring. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

(c) Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Services are to be performed for each craft, classification or type of worker needed to perform the Services, including employer payments for health and welfare, pension, vacation, apprenticeship, and similar purposes.

Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. Each worker performing Services under this Agreement that is a Public Work pursuant to Labor Code, Section 1720, including clean- up at the, must be paid at a rate not less than the prevailing wage as defined in Sections 1771 and 1774 of the Labor Code. Contractor must post a copy of the applicable prevailing rates at any worksite.

(d) Copies of Prevailing Wages. Copies of the prevailing rate of per diem wages applicable to the Services required by this Agreement are on file at the City of Livermore, Livermore City Hall, 1052 S. Livermore Ave, Livermore, CA 94552 in the custody of Leslie Young, which the City shall make available to any interested party on request. The City shall also cause a copy of the determination of the director of the Department of Labor of the prevailing rate of per diem wages to be posted at each job site.

(e) Penalties Under Labor Code, Section 1775. Contractor will forfeit to City, as a penalty, up to $200.00 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate. Contractor must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker.

(f) Federal Requirements. If this Agreement is subject to Federal prevailing wage requirements in addition to California prevailing wage requirements, Contractor is required to pay the higher of the current applicable prevailing wage rates under federal law, available online at http://www.access.gpo.gov/davisbacon/ca.html, or under California law, available online at http://www.dir.ca.gov/DLSR.

(g) Eight Hour Day and Penalties. Under Labor Code, Section 1810, eight hours of labor constitute a legal day’s work under this Contract. Under Labor Code, Section 1813, Contractor will forfeit to City as a penalty, the sum of $25.00 for each worker employed in the execution of this Agreement by the Contractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of Labor Code, Section 1813, unless the workers are paid overtime under Labor Code, Section 1815 at not less than 1 1/2 times the basic rate of pay.

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(h) Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code, Section 1777.5, which is fully incorporated by reference.

(i) Notices. Under Labor Code, Section 1771.4, Contractor is required to post all job site notices prescribed by law or regulation.

(j) Records.

1) Contractor shall furnish accurate records specified in Labor Code, Section 1776 directly to the Labor Commissioner, in the following manner: (A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner. Section 1776 requires the Contractor to provide the following information: the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Services performed pursuant to this Agreement. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury according to the laws of the State of California, stating both of the following: (i) The information contained in the payroll record is true and correct; and (ii) The Contractor has complied with the requirements of Labor Code, Sections 1771, 1811, and 1815 for any work performed by its employees pursuant to this Agreement.

2) Contractor shall also comply with the requirement of Labor Code, Section 1812, which requires every contractor to keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him or her in connection with the public work. The record shall be kept open at all reasonable hours to the inspection of the awarding body and to the Division of Labor Standards Enforcement.

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(k) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, or to the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations, and as further provided by the Labor Code. Contractor is solely responsible for redacting employee personal information, e.g., name, address, and social security number, before disclosure of the certified payroll record, as specified in Labor Code, Section 1776(e).

(l) Enforcement. Upon notice of noncompliance with Labor Code, Section 1776, Contractor has ten days in which to comply with requirements of Section 1776. If Contractor fails to do so within the ten- day period, Contractor will forfeit a penalty of $100.00 per day, or portion of a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.

(m) Workers’ Compensation Certification. Under Labor Code, Section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code, Section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake s elf-insurance in accordance with the provisions of that code, and that Contractor will comply with such provisions before commencing the performance of this Contract.”

(n) Discrimination. Contractor shall not discriminate in the employment of persons on any basis articulated by Labor Code, Section 1735.

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Signatures and Attachment List on the Next Page

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In concurrence 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.

CONTRACTOR: Dated:

____________________________ ___________________________ By: Justin Stewart
Title: Vice President

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ Marianna Marysheva
City Manager

APPROVED AS TO FORM:

___________________________
Assistant/City Attorney

APPROVED AS TO INSURANCE:

_______________________
Risk Manager/Analyst

Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
Exhibit C - DIR Compliance Certification

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Exhibit A
Scope of Work

Contractor shall provide all labor, materials, equipment, and supplies to maintain designated areas according to the following specifications.

GENERAL REQUIREMENTS
All planted areas shall receive routine maintenance necessary to maintain plants in a healthy and safe condition. Maintenance activities should promote plants to grow in their natural shape and form of the particular plant species.

Unless otherwise agreed upon, all maintenance activities shall be performed on a routine basis in accordance with these Landscape Maintenance Specifications. It is the Contractor's responsibility to ensure that sufficient resources are committed to achieve all of the maintenance objectives.

After each maintenance service, all areas must be free of litter and debris (dead plant materials, downed limbs, rocks, dirt, glass, rubbish, and trash) at all times.

Litter shall not be allowed to remain on the site and shall be removed during each maintenance cycle.

The Contractor shall ensure that Contractor’s employees are knowledgeable of the City’s landscape maintenance specifications and all maintenance activities are performed consistently with the specifications.

All equipment and transportation are assumed to originate with the Contractor within the City of Livermore. Therefore, the cost of such is contained by the contract. Any exceptions must be approved by the City in writing prior to commencement of any work where extraordinary situations require the use of cranes, rock digging wheels, tractors, or other major equipment and operators.

If an
y herbicides, insecticides, rodenticides, fertilizers, and other chemical materials are used as part of the maintenance program, they are subject to approval of the City prior to performing any application at any of the sites maintained by the Contractor. A c opy of the Monthly County Agricultural and Pesticide Use Report indicating all chemical applications performed by the contractor shall be included with the Contractor’s monthly billing sent to the City.

Repairs to landscaped areas caused by vandalism, automobile accidents and natural events not due to the Contractor’s negligence shall be conducted on an as- needed basis and approved by the City. The Contractor shall notify the City when conditions require repair and/or replacement. Repair or replacement shall only be performed upon written authorization from the City.

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EXHIBIT A
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EXHIBIT A

IRRIGATION MAINTENANCE

All irrigation timing shall be controlled and scheduled only by the City unless otherwise specified in writing by the City. The Contractor shall perform an inspection of the irrigation system each month to evaluate its effectiveness. A written report detailing the findings of the investigation and any steps necessary to return the system to its optimal effectiveness shall be provided to the City no later than 10 days after the inspection occurs. Problems that are discovered which might lead to the harming of the landscaping shall be reported to the City immediately.

Accidental damage to the irrigation system or malfunctions should be reported to the City immediately and repaired by the end of the work day. Repairs not completed in a timely manner may be completed by the City. The cost of completing such repairs shall be charged to the Contractor. The Contractor is encouraged to make suggestions and recommendations to the City concerning needed changes or improvements to the operation of the irrigation system.

Repairs to the irrigation system that are not in response to damage by Contractor shall be paid for on a time and materials basis as dictated in the “Compensation” section of this Exhibit. Contractor shall repair irrigation malfunctions in a manner commensurate with industry practices and City of Livermore standards.

PESTS, DISEASE AND WEED CONTROL

Landscaped areas are to be generally maintained to be free of diseases, insects, weeds, and other pests detrimental to plant growth. Contractor shall treat all landscape areas for pest and disease infestations. Contractor is responsible for reporting any pest or disease infestations observed during routine maintenance operations.

Contractor is responsible for controlling weed growth and removing weeds as part of the routine maintenance program performed by the contractor. Areas planted with “natural grasses” shall be maintained in a rustic and natural condition. Once the grasses have completely developed seed heads, the areas are to be “dead headed”.

The timing of this operation should be coordinated with the City’s representative.

Grasses are to be cut mechanically annually to a height of approximately six (6) inches. Grasses shall be mechanically trimmed.

Contractor shall supply City with a copy of the pesticide/herbicide usage report on a monthly basis.

WEED ABATEMENT IN OPEN SPACES

Weed growth in open space areas and other areas designated by the City shall be mowed and shall conform to weed abatement requirements of the DocuSign Envelope ID: 046FE45F-D4E2-4ACD-A7BF-4FAF9146906F

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Livermore/Pleasanton Fire Department. Generally, the areas are to be mowed twice annually, once in May and once in June, and weed growth is abated by the 1st of July.

TURF MAINTENANCE

Turf areas, including areas with Red Fescue, are important aesthetic components of the ornamental landscape, and require regularly scheduled care. A uniform and consistent green appearance that is predominantly free of weeds must be maintained at all times.

MOWING OPERATIONS
Mowing, walking, or using any equipment on turf areas when frost is present is prohibited. Mowing of any turf areas that are saturated with water or if standing water is present is prohibited. Damage to turf areas caused by Contractor’s negligence when wet conditions are present will be repaired by the Contractor solely at the expense of the Contractor.

Mowing equipment shall be properly maintained at all times. Mower blades shall be kept sharp so that the turf is cut cleanly and not shredded or torn.

Prior to c
ommencing any mowing activities, all paper, litter and debris shall be removed from the site and disposed of properly.

All mowing operations shall be completed in such a manner as to prevent damage to turf, trees, shrubs, groundcovers, structures, irrigation systems, site fixtures, appurtenances, and vehicles. C ontractor is responsible for repairing any damages caused while completing any turf maintenance operations.

The mowing of lawn areas is to be performed twice a month, from the 1st of December through the last day in February, and on a weekly basis from the 1st of March through the last week in November, unless otherwise specified in writing by the City.

If a "mulching" mower is not used, then all mowed clippings shall be removed from the site the same day. If a mulching mower is used, all accumulated clippings shall be dispersed and not allowed to remain on the site overnight and must be dispersed by the end of the work day. During the fall season, if a mulching mower is used, leaves may be removed from turf areas prior to mowing or removed after the mowing operation. The turf area shall have a clean appearance following each mowing operation with no visible signs of clippings or mulched leaves.

S
pecial consideration is to be given to pedestrians and vehicular traffic in the area while mowing. Contractor shall avoid creating a nuisance from noise, dust, and/or debris.

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Generally all turf mowing is to be at a height of two and one-half (2 ½) inches. It is desirable to not remove more than one-third (1/3) of the grass blade per each mowing operation.

Riding mowers are not permitted in turf areas that are not conducive to the type and size of the equipment being used. Large riding mowers will not be permitted in narrow turf areas, in turf areas heavily planted with trees or on soft wet turf areas.

The mowing pattern shall be altered from the direction of the previous mowing whenever possible.

Line Trimming and Blade Edging

Line trimming or blade edging shall be performed in a manner that does not scalp the turf, and provides a neat, uniform and straight edge. The height of the grass blades shall be approximately to the same height as the turf following a mowing operation. All clippings shall be removed from the turf surface following each operation.

The base of trees, plants, and site features (light fixtures, statues, railings, etc.) are to be protected or shielded, as necessary, to prevent damaging the trees, plants or site feature. It is not acceptable to leave any visible residue of grass trimmings on buildings, structures sidewalks, curbs or other areas following a line trimming operation.

Contractor is responsible for cleaning and removing any residue after each trimming operation. Contractor shall repair or replace any damages to any site feature caused by the Contractor’s operations or negligence solely at the expense of the Contractor.

Removal of Clippings

Visible clumps of clippings can cause damage to the turf and must be dispersed or removed, in a manner acceptable to the City, from the site following each mowing operation by the end of the work day and not allowed to be on the site overnight.

TURF EDGING OPERATIONS

All turf boarders shall be regularly edged unless otherwise approved by the City. Upon completion of the edging operation, the turf edge shall be a minimum of 3/8", but not more than 5/8" back from the edge of the paved walkway. All debris shall be removed from turf and pavement upon completion of an edging operation. To ensure a uniform appearance, the entire site shall be edged in one operation.

Edg
ing shall be performed with every mowing in March through the last day in November and every other mowing operation in December through February, or as determined by the City.

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EXHIBIT A
Special consideration shall be given to the safety of pedestrians and vehicular traffic in the area while edging.

When straight lines are required, a string line shall be used as a guide. A clean edge no more than two (2) inches in depth shall be maintained.

GROUND COVER EDGING AND TRIMMING OPERATIONS

All ground cover plantings shall be trimmed or removed away from hard surfaces, header boards, shrubs, trees, site furnishings and appurtenances, and utility boxes/structures. Ground cover plantings shall be trimmed in a manner that allows trees, shrubs and other plants to grow in a healthy and vigorous manner. Generally, there shall be clearance of at least twelve (12) inches from the base of a tree and sufficient spacing to allow other plant material to grow vigorously. Ground cover should not be maintained in a manner that allows the plant to grow or climb into shrubs, trees, fences or other areas, unless approved by the City. Ground cover shall not be allowed to mature in height and shall be “headed back” routinely in order to maintain the intended look of the landscaped area.

G
round cover plantings shall be trimmed routinely to maintain a uniform and consistent appearance. Ground cover plantings shall not be allowed to grow onto paved areas or extend over the curb. Ground cover plantings shall be trimmed and edged around irrigation heads to allow uniform irrigation coverage.

Ground cover plantings that go dormant shall be trimmed annually.

SHRUB AND TREE PRUNING

Pruning operations shall promote the desired appearance, natural shape of the plant species and enhance the health of the plant material whenever possible. Note that pruning functions for a manicured area will be different than those for a naturalistic landscape. Al so, individual plants or groups of plants within a site may be intended to appear differently. The contractor is encouraged to confer with the City’s representative whenever there is a question about how pruning activities should be completed.

All pruning shall comply with established pruning practices and current International Society of Arboriculture (ISA) standards. Non-compliance with the instructions as set forth by the City or the current ISA standards will result in default inspections and fees.

Any
debris generated during pruning operations shall be disposed by the Contractor at the end of the day, each day any pruning is completed.

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EXHIBIT A

Shrubs

The Contractor shall provide a complete and properly managed shrub pruning program. Although shearing may be necessary, it is to be completed only if approved by the City. When planted in masses, shrubs shall be allowed to grow together in order to completely fill in the planting area.

Plants should not be sheared into formal shapes either “squared”, "gumdrop" or "gumball" shapes. Shearing shall only be done to maintain a neat, uniform appearance and to keep shrubs growing within intended spaces.

If the plants are improperly sheared, the Contractor shall provide selective hand pruning to regenerate new plant parts, eliminate dense plant crowns, and encourage the development of more balanced plant growth.

Trees

Trees shall be pruned in accordance with current ISA standards in order to promote health and proper growth. In addition to this general pruning, trees shall also be pruned to provide ten (10) feet of clearance over sidewalks and walkways and twelve (12) feet over streets and curbs. Trees shall be pruned a minimum of twice per year, or more often as needed in order to comply with this performance standard.

The Contractor is responsible for routinely trimming any "suckers", “water sprouts”, or damaged, diseased, or dead tree branches up to a height of ten (10) feet, during routine maintenance cycles.

GENERAL MAINTENANCE REQUIREMENTS

Contractor shall provide a general clean-up of all areas. Contractor shall adhere to the weekly work schedule submitted to the City designating the locations where work will be performed and the activities that will be completed.

Some areas will require specific and unique maintenance due to the nature of the area and the intention of the design and installation. The maintenance activities for these areas should be modified to obtain the desired results. The contractor must confirm these requirements with the City and adjust or modify maintenance activities to achieve the desired results.

Tras h and Debris Removal

The Contractor shall provide for regular pick-up and disposal of debris such as litter, grass clippings, leaves, branches, and dead plant materials. Method of cleaning shall be by hand, use of rakes, and where appropriate, aided by blower units. Particular attention shall be given to turf areas, shrub and flower beds, fence lines, parking lots, DocuSign Envelope ID: 046FE45F-D4E2-4ACD-A7BF-4FAF9146906F

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EXHIBIT A
and walkways. This operation shall be completed during every site visit unless otherwise stated in “Site-Specific Maintenance Procedures.”

Contractor is responsible for removal of debris accumulated over the winter from all shrub beds, turf areas, groundcover beds, gravel beds, and flower beds. Contractor is required to remove all leaf and litter debris that accumulates on the turf and in all shrub, groundcover, and flower beds. All collected litter and debris, as defined in the General Requirements section, shall be disposed following the City’s refuse collection guidelines and any municipal, county, or state codes that apply. CONTRACTOR shall empty existing and future trash receptacles/doggie stations and provide new liners a minimum of two times per week, unless otherwise stated in “Site-Specific Maintenance Procedures.”

Clean-Up of W
alks and Curb Lines

The Contractor shall remove all debris that accumulates in and along all walkways, curb lines, gutters and continuous roadways. Method of cleaning may be by hand or vacuum. All debris shall be disposed of properly by the Contractor.

Bike Pa ths and Trails

Bike paths and trails are to be serviced regularly. Trash and leaves shall be removed during each servicing. Ar eas are to be generally weed free and debris should be removed from the paths regularly. De composed granite paths should be level and free from potholes. Animal waste shall be removed from pathways as needed.

SITE-SPECIFIC MAINTENANCE PROCEDURES

Shea Business Center Medians - Portola (Map Area 1)
This area shall be shall be serviced a minimum of once per week, or more frequently as needed in order to keep the site free from weeds and litter.

Shea Montage Trail - North (Map Area 2)
This site shall be serviced a minimum of twice per month. Both sides of the trail shall be mowed sufficiently often to prevent weeds from growing higher than six (6) inches within ten feet of the nearest edge of the trail surface.

Shea Montage Medians – Campus Hill (Map Area 3)
This area shall be shall be serviced a minimum of once per week, or more frequently as needed in order to keep the site free from weeds and litter.

Shea Montage Medians –Portola (Map Area 4)
This area shall be shall be serviced a minimum of once per week, or more frequently as needed in order to keep the site free from weeds and litter.

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Shea Montage Trail - South (Map Area 5)
This site shall be serviced a minimum of twice per month. Both sides of the trail shall be mowed sufficiently often to prevent weeds from growing higher than six (6) inches within ten feet of the nearest edge of the trail surface.

Shea Sage Retention Basin (Map Area 6)
The perimeter of this area shall be serviced a minimum of twice per month and shall include weed control and litter pickup. All vegetation shall be cut down and removed from the basin itself twice per year.

Shea Sage Open Space (Map Area 7)
This area shall be maintained in accordance with the “WEED ABATEMENT” section of these specifications. Along the perimeter of this area facing any public roads or public parks, trash and litter removal shall be performed a minimum of once per month at regular intervals.

Shea Sage Park (Map Area 8)
This area shall be serviced a minimum of two times per week, or more frequently as needed in order to keep the site free from weeds and litter. CONTRACTOR shall empty trash receptacles on each visit and provide new liners.

GENERAL CONDITIONS OF THE WORK

City R
ep resentative(s)
The City’s representative(s) shall be any person(s) designated by the City in writing to the Contractor. The City’s Representative(s) shall be the only person(s) through whom all communication between the City and the Contractor shall be directed.

Workday

A workday is hereby defined as every calendar day, except Saturdays, Sundays and City holidays on which the Contractor is not prevented by inclement weather, by conditions resulting from inclement weather, or by suspension of work ordered by the City or specifically required by provisions of the Contract, or by acts of God, acts of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes or freight embargoes, from performing work under the Contract with daily productiveness.

The City's Holidays are as follows:

1. New Year’s Day (January 1)

2. Martin Luther King, Jr. Day (third Monday in January)

3. Pres ident’s Day (third Monday in February)

4. Memorial Day (last Monday in May)

5. Independence Day (July 4)

6. Labor Day (first Monday in September)

7. Veteran’s Day (November 11)
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8. Thanksgiving Day (fourth Thursday in November)

9. Day after Thanksgiving Day (fourth Friday in November)

10. December 24

11. December 25

12. New Year’s Eve (December 31)

When a holiday listed above falls on a Saturday, the preceding Friday shall be considered the holiday, and when a holiday listed above falls on a Sunday , the following Monday shall be considered the holiday. The following exceptions are when December 25 and January 1 fall on Saturday, Sunday or Monday, the December 24, 25, 31, and January 1 holidays shall be observed as follows:

(a) When December 25 and January 1 fall on Saturday, the preceding Thursday and Friday shall be considered holidays.

(b) When December 25 and January 1 fall on Sunday, the preceding Friday and the following Monday shall be considered holidays.

Work Sc hedule

An annual work schedule delineating when and where the Contractor’s crews will be working, shall be provided in writing to the City annually or more frequently if requested by the City. A weekly work schedule shall be submitted to the City, in a format that is acceptable to the City, indicating the locations that work will be performed during the week and a description of the work that will be performed. Changes in work schedules shall be approved by the City in advance of implementing any alteration to the approved annual work plan.

The City's normal/regular working hours are Monday through Thursday, from 6:00 a.m. to 3:30 p.m., and Fridays from 6:00 a.m. to 2:30 p.m. Generally, all work is to be completed during a regular eight -hour shift, between 6:00 a.m. and 2:30 p.m., Monday through Fridays, unless otherwise approved by the City in writing; email will suffice.

Normal working days shall be Monday through Friday, except legal holidays as recognized by the City. Any work done on weekends or holidays must be approved in advance by the City in writing.

Supervision

Work performed by employees within the scope of the Contractor’s work shall be directly employed and supervised by the Contractor. The Contractor shall perform management and technical supervision required to complete the work according to the DocuSign Envelope ID: 046FE45F-D4E2-4ACD-A7BF-4FAF9146906F

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specifications of this agreement. Employee(s) assigned to supervise the work shall be readily available, responsive to the City’s representative(s) and capable of speaking and understanding the English language and have the authority to make decisions related to the management of the activities performed by the Contractor’s employees.

Traffic C ontrol and Pedestrian Safety

The contractor shall provide and maintain utilities, fences, barriers, signs, guardrail, warning lights, and other safety devices adjacent to and on the work site as may be necessary to control traffic and prevent accidents to the public. Signs, flags, lights, and other warning and safety devices shall conform to the requirements set forth in the City of Livermore’s Manual of Traffic Controls for Construction and Maintenance Work Zones.

The Contractor shall maintain, at all times through the work area, a safe route for pedestrians that will not direct pedestrians into vehicular traffic. Pedestrian routes and barrier methods are subject to approval by the City.

Additions, De
letions, or Change of Contract Price

The City reserves the right to add, delete, or change areas under this agreement and may do so upon giving written notice to the Contractor. If these changes cause an increase or a reduction in the maintenance costs of this agreement, they shall be readjusted and, when agreed upon, incorporated into the agreement.

Ext
ra Work

Extra Work must be authorized by the City and shall be shown as a separate item on the invoice submitted to the City. The invoice for Extra Work shall show the exact location of the work. The invoice shall include the materials used with their unit price and total cost, the amount of time required to do the job and the cost for labor, providing that labor is chargeable to this Extra Work. If labor is allowed, travel time will not be counted. Billings for repairs of site furnishings, irrigation systems, vandalism or other approved work must be clearly marked as such and subtotaled separately from other items on the invoice subm
itted to the City.

Inspect
io ns

The areas covered by this agreement will be inspected regularly by the City. A Contract Services Inspection Form may be prepared by the City after each inspection, detailing the condition of the trees, shrubs, turf, groundcovers, and general appearance of the site.

The City may require the Contractor, or the local authorized representative, to accompany the inspector during inspections if the City is not satisfied with the Contractor's maintenance work. The Contractor or the local authorized representative is expected to DocuSign Envelope ID: 046FE45F-D4E2-4ACD-A7BF-4FAF9146906F

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be capable of understanding the deficiencies and authorized to take remedial action in a manner consistent with the contract requirements and specifications.

Defic ie ncy Corrections

If the City, upon routine inspection, determines that any area has not been maintained according to the specifications, a notice outlining the deficiencies will be mailed in a postal envelope, e-mailed to the company representative or faxed to the Contractor’s local office. Payment will not be made for any services not provided by Contractor. All notices of deficiencies will specify the date when the specified work must be completed.

The date of completion will be less than ten (10) working days from the date the notice is issued. Failure to complete the work to the satisfaction of the City by the date specified will result in no payments being made to the contractor for the missed work.

Failure to Correct Deficiencies

Prior to re-submitting a request for payment, the Contractor must request a re-inspection.

A re-inspection request should be completed in writing to the City and either faxed or e- mailed to the City. If the work is deemed satisfactory upon re-inspection, the City will accept a request for payment, minus a one hundred dollar ($100) charge for re-inspection.

Any time an additional inspection is required as a result of inadequate performance, the one hundred dollar ($100) re-inspection charge will be assessed for each inspection completed by the City until the specified work is completed.

Traffic C ontrol Deficiencies

If the City, upon routine inspection, determines that the contractor is not maintaining proper traffic control as described in Traffic Control and Pedestrian Safety section of the Contract Conditions, the contractor will be notified. When notified, the Contractor shall immediately correct the traffic control deficiency. Failure to do so will result in a suspension of work until the deficiencies are corrected, and the re-inspection charge will be assessed.

General Neglige
nce and Damages

Any dam ag e to the irrigation system, site furnishings or plant material that dies or is damaged due to Contractor's negligence shall be repaired or replaced at the Contractor's sole expense. Any replacements shall be the same type, brand, size and approved by the City. Repairs shall be completed expeditiously. Irrigation system repairs must be completed within twenty-four (24) hours that the deficiency or damage is brought to the attention of the Contractor. Other work must be completed within one week unless otherwise approved by the City. If the work is not completed by the date specified, the work shall be subject to an inspection fee equal to one hundred dollars ($100) per day for each day the repairs are not completed.

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Contra c tor’s Vehicles

All vehicles and equipment used by the Contractor and its employees must clearly be distinguished as being operated by the contractor and may not bear the logo or contact information of any other Contractor.

Sound C
ontrol

The noise levels from the contractor's operations must comply with all City ordinances and regulations. Unless otherwise approve by the City, noise levels between the hours of 6:00 p.m. and 7:00 a.m. shall not exceed 86 DBA from a distance of fifty (50) feet.

The noise level requirements shall apply to all equipment on the job or related to the job including, but not limited to, trucks, blowers, flexible line trimmers, mowers, or other equipment which may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings, except those required by safety laws for the protection of the public or personnel.

Staff C
onduct and Appearance

All employees of the Contractor assigned to work in any of the landscaped areas covered by this agreement shall wear uniform clothing clearly identifying them as employees of the Contractor and shall maintain an appearance acceptable to the City.

All employees shall wear the same style, color, and type of uniform while engaged in any activity related to the agreement for providing landscape maintenance services.

The Contractor and all employees shall be courteous and considerate towards the public at all times.

The City shall have the right of reasonable rejection and approval of staff assigned to the work by the Contractor. If the City reasonably rejects staff, the Contractor must provide replacement staff or subcontractors satisfactory to the City in a timely manner and at no additional cost to the City. The day-to-day supervision and the control of the Contractor's employees are the responsibility solely of the Contractor. Supervisors and project managers must be able to fluently read and speak English.

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COMPENSATION

Contractor shall be compensated for their services in the following manner:

Map Code Location Monthly Cost
1 Shea Business Center Medians $ 1,072.00
2 Shea Montage Trail – North $ 585.00
3 Shea Montage Medians – Campus Hill $ 1,072.00
4 Shea Montage Medians – Portola $ 1,267.00
5 Shea Montage Trail – South $ 779.00
6 Shea Sage Retention Basin $ 682.00
7 Shea Sage Open Space* $ 2,983.00
8 Shea Sage Park $ 2,338.00
Total Monthly Maintenance Cost*: $7,795.00
*Map Code 7 for the Shea Sage Open Space is an area that is not currently required to be maintained. City staff requested a quote from Terracare for potential future weed abatement, but will not require maintenance of this area or allow for billing until further notice in writing to Terracare.

Various locations may begin service at different times. Should maintenance of an area begin after the first of a month, that month will be pro-rated at the daily rate of the monthly cost divided by 31 (daily rate).

Irrigation repair work will be compensated at the rate of $75.00 per hour and documented material cost plus 20% markup.

Extra work will be compensated at $75.00 per hour. Extra work on weekends will be compensated at $105.00 per hour.

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LOCATIONS OF WORK

1 Shea Business Center Medians
2 Shea Montage Trail – North
3 Shea Montage Medians – Campus Hill
4 Shea Montage Medians – Portola
5 Shea Montage Trail – South
6 Shea Sage Retention Basin
7 Shea Sage Open Space
8 Shea Sage Park

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INSURANCE REQUIREMENTS

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

1. Commercial General Liability, including operations, products and completed operations, as applicable:
$3,000,000 per occurrence/$6,000,000 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:

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

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

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

2. The limits of insurance required in this agreement may be satisfied by a Revised 9/21/2015 B3 – 3M

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Livermore City CouncilJune 26, 2023

Livermore City Council
June 26, 2023