Agenda packet — Livermore City Council, April 15, 2024 (part 1 of 2)

CITY COUNCIL
AGENDA
MONDAY, APRIL 15, 2024
REGULAR MEETING –
7:00 PM

MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA

CIVIC CENTER MEETING HALL

CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:

Comcast TV Channel 29
tv29live.org
John P Marchand, Mayor
Robert W Carling, Vice Mayor
Ben
Barrientos, Council Member
Evan Branning, Council Member
Brittni Kiick, Council Member
Livermore City Council Agenda
April 15, 2024

1 1.

CLOSED SESSION - NONE.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation recognizing Tri-Valley Haven during Sexual Assault Awareness Month, presented to Sarah Bariya, Tri-Valley Haven Director of Sexual Assault & Counseling Services.

Recommendation:

Staff recommends City Council recognize Tri-Valley Haven during Sexual Assault Awareness Month, and present a proclamation to Sarah Bariya, Tri-Valley Haven Director of Sexual Assault & Counseling Services.

Staff Report

Attachments:

1. Proclamation

4. OPEN FORUM

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

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

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 card found at the entrance of the Council Chambers. A speaker is limited to a single comment with a maximum of three minutes for the entire Consent Calendar. If Consent Calendar items are pulled for discussion by the City Council, a speaker will be allowed one comment on the items pulled for discussion and a separate comment for the remaining Consent Calendar. The

ROLL CALL

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

PLEDGE OF ALLEGIANCE

Livermore City Council Agenda
April 15, 2024

2 one comment limit applies 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 - March 25, 2024 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. DRAFT 2024-03-25

5.2 Adoption of ordinances pre-zoning the SMP 39 and SMP 40 properties to Planned Development - Industrial (PD-I) 22-001 and the Additional Annexation Only Parcels to Open Space - Floodplain (OS-F) consistent with Planned Development - Industrial (PD-I) 22-001, Zoning Map Amendment (ZMA) 21-002, and Development Code Amendment (DCA) 21-005; authorizing execution of Pre-Annexation and Development Agreement (DA) 21-001; and authorizing execution of Pre-Annexation and Development Agreement (DA) 23-002.

Recommendation:

Staff recommends the City Council
adopt the following ordinances
:

1 .

Ordinance pre-zoning the SMP 39 and SMP 40 properties to Planned Development - Industrial (PD-I) 22-001 and the Additional Annexation Only Parcels to Open Space - Floodplain (OS-F) consistent with Planned Development - Industrial (PD-I) 22-001, Zoning Map Amendment (ZMA) 21-002, and Development Code Amendment (DCA) 21- 005;
2 .

Ordinance authorizing execution of Pre-Annexation and Development Agreement (DA) 21-001; and
3 .

Ordinance authorizing execution of Pre-Annexation and Development Agreement (DA) 23-002.

Staff Report

Attachments:

1. Ordinance - APZ,PD,ZMA,DCA

2. Exhibit A - Planning Commission Resolution - Project Approval

3. Exhibit B - Zoning Map Amendment (ZMA) 21-002

4. Exhibit C - Draft Planned Development Zoning

5. Ordinance - DA 21-001

6. Exhibit A - SMP 39 Development Agreement

7. Exhibit B - Planning Commission Resolution - Project Approval

8. Ordinance - DA 23-002

9. Exhibit A - SMP 40 Development Agreement

10. Exhibit B - Planning Commission Resolution - Project Approval

5.3 Introduce an ordinance, and waive the first reading, amending Title 11, Chapter 11.08, Airport Rules and Regulations, Chapters 11.08.010 Definitions and 11.08.110 Aviation Fueling Operations in the Livermore Municipal Code to Require Fixed Base Operators to Provide

Livermore City Council Agenda
April 15, 2024

3 certain aviation fuels by December 12, 2025.

Recommendation:

Staff recommends that the City Council
introduce an ordinance
and waive the first reading
amending Title 11, Chapter 11.08, Airport Rules and Regulations, Chapters 11.08.010 Definitions and 11.08.110 Aviation Fueling Operations in the Livermore Municipal Code to update the definition of Fuel and include a provision requiring Fixed Base Operators (FBOs) to provide Unleaded Aviation Fuel.

Staff Report

Attachments:

1. Redline Changes

2. Ordinance

5.4 Resolution authorizing the following actions for Water Reclamation Plant (WRP) UV Treatment System Replacement Project 2021-28:
1 .

Authorize supplemental appropriations to FY 2024-25 and FY 2025-26; 2 .

Award contracts with Mountain Cascade, Inc. and Carollo Engineers, Inc., for construction management and inspections; and
3 .

Execute a first amendment to the agreement with Black & Veatch Corporation, for modified design scope and engineering services during construction.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the following actions for the Water Reclamation Plant (WRP) UV Treatment System Replacement, Project 2021-28:

1 .

A supplemental appropriation of $1,173,000 from Water Resources Replacement to FY 2025-26;
2 .

A supplemental appropriation of $391,000 from Sewer Connection Fees to FY 2025-26; 3 .

Supplemental appropriations of Water Replacement Funds in the amounts of $1,857,000 to FY 2024-25 and $874,000 to FY 2025-26;
4 .

Budget reductions of $1,314,000 from Sewer Replacement in FY 2023-24 and $627,000 in FY 2024-25;
5 .

Budget reductions of $455,000 from Sewer Connection Fees in FY 2023-24 and $236,000 in FY 2024-25;
6 .

Awarding and authorizing execution of an agreement with Mountain Cascade, Inc., in an amount not-to-exceed $5,852,500, for construction of the Project; 7 .

Executing an agreement with Carollo Engineers, Inc., in an amount not-to-exceed $489,526, for construction management and inspections;
8 .

Executing a first amendment to the agreement with Black & Veatch Corporation, increasing the amount of the agreement by $142,685 to a total not-to-exceed amount of $1,094,501 for additional engineering services during construction; 9 .

Rejecting all other bids or proposals; and
10 .

Authorizing the City Manager to sign the above agreements and 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 agreements.

Livermore City Council Agenda
April 15, 2024

4 Staff Report

Attachments:

1. Project Location

2. Current and Proposed Funding

3. Resolution

4. Exhibit A - Agreement with Mountain Cascade, Inc.

5. Exhibit B - Agreement with Carollo Engineers, Inc.

6. Exhibit C - First Amendment to Agreement with Black & Veatch Corporation

5.5 Resolution authorizing the execution of an agreement with Rincon Consultants, Inc. to provide planning consultant and project management services in an amount not-to-exceed $600,000 over a three-year term ending on April 16, 2027.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Rincon Consultants, Inc. to provide planning consultant and project management services, with a not-to-exceed amount of $600,000 and a term ending on April 16, 2027.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement

5.6 Resolution authorizing an agreement with Tagswag Holdings, Inc. dba All Video Media Solutions to install and configure hardware and software in five conference rooms throughout several city facilities including the Civic Center Library, Police Department, Water Reclamation Plant, Maintenance Services Center, and City Hall in an amount not-to-exceed $159,000.

Recommendation:

Staff recommends the City Council authorize the execution of an agreement with Tagswag Holdings, Inc. dba All Video Media Solutions (AVMS) to install and configure hardware and software in five conference rooms throughout several city facilities including the Civic Center Library, Police Department, Water Reclamation Plant, Maintenance Services Center, and City Hall all in an amount not-to-exceed $159,000.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement

5.7 Resolution authorizing execution of an amended purchase order with OverDrive for the licensing of e-books, audiobooks, and electronic periodicals, in an amount not-to-exceed $120,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an amended purchase order with OverDrive for the licensing of e-Books, audiobooks, and

Livermore City Council Agenda
April 15, 2024

5 electronic periodicals, in an amount not-to-exceed $120,000.

Staff Report

Attachments:

1. Resolution

5.8 Resolution determining Tract 8657, Triad East Amarone, located at the northeast corner of Triad Drive and North Canyons Parkway, is annexed to the City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services).

Recommendation:

Staff recommends the City Council adopt a resolution determining Tract 8657, Triad East Amarone, located at the northeast corner of Triad Drive and North Canyons Parkway, is annexed to the City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services) and directing the City Clerk to record the Notice of Annexation.

Staff Report

Attachments:

1. CFD 2023-1 Tax Zone Map

2. Resolution

3. Exhibit A - Unanimous Approval

5.9 Resolution approving an exception to the Livermore Municipal Code bidding requirements and authorizing issuance of a purchase order in an amount not-to-exceed $120,000 for six CUBIC Trafficware Advanced Transportation Controller Cabinet Assemblies from AZCO Supply as part of the Traffic Signal Modification 2019-2021 Project 2019-33.

Recommendation:

Staff recommends the City Council adopt a resolution:

1 .

Approving an exception to the bidding requirements contained in Livermore Municipal Code Section 2.68.370.B.2 because the supplies and equipment are unique and available from one source so there is no competitive advantage to be gained by inviting bids; and
2 .

Authorizing the City Manager to execute a purchase order in an amount not-to-exceed $120,000 for six CUBIC Trafficware Advanced Transportation Controller Cabinet Assemblies from AZCO Supply as part of the Traffic Signal Modification 2019-2021 Project 2019-33.

Staff Report

Attachments:

1. Project Location

2. Resolution

5.10 Resolution receiving the Livermore Police Department's 2023 Annual Review of Military Equipment Report, determining that the equipment identified in the report complies with applicable standards, and determining the Livermore Municipal Code section 2.36.200 Military

Livermore City Council Agenda
April 15, 2024

6 Equipment should be renewed and remain in effect.

Recommendation:

Staff recommends City Council:

1 .

Accept the Livermore Police Department's 2023 Annual Military Equipment Report; 2 .

Determine that the equipment identified in the report complies with the City’s policy and the statutory requirements; and
3 .

Review Livermore Municipal Code section 2.36.200 Military Equipment Policy and vote on whether to renew the ordinance.

Staff Report

Attachments:

1. 2023 LPD Military Equipment Inventory

2. LPD Military Equipment Policy #709

3. Ordinance 2.36.200

4. Resolution

5. Exhibit A - 2023 LPD Annual Military Equipment Report

5.11 Resolution of continued local emergency in response to impacts from a series of severe storm events last year.

Recommendation:

Staff recommends the City Council adopt a resolution of continued local emergency in response to impacts from a series of severe storm events last year.

Staff Report

Attachments:

1. Resolution

5.12 Resolution authorizing the allocation and appropriation of Community Development Block Grant, Home Investment Partnership Program, Housing In-Lieu funds, and General funds in the total amount of $972,988 for Fiscal Year 2024-25 and authorizing the execution of documents required to receive, use, and distribute funds.

Recommendation:

Staff and the Human Services Commission recommend the City Council adopt a resolution authorizing the allocation and appropriation of approximately $972,988 in funding as listed below and authorizing the City Manager to negotiate and execute all related documents, grant agreements, and modifications.
1 .

Community Development Block Grant Funds in the estimated amount of $434,865 2 .

HOME Investment Partnership Program Funds in the estimated amount of $148,123 3 .

In-Lieu Housing Funds in the amount of $310,000
4 .

General Funds in the amount of $80,000

Staff Report

Attachments:

1. Resolution

Livermore City Council Agenda
April 15, 2024

7 2. Exhibit A - Human Services Grant Recommendations Fiscal Year 2024-25

6. PUBLIC HEARINGS

6.1 Hearing to modify participation in the Statewide Community Infrastructure Program (SCIP) to allow for financing of impact fees and public facilities through Community Facilities Districts.

Recommendation:

Staff recommends the City Council conduct a public hearing and adopt an amended and restated resolution to modify participation in the Statewide Community Infrastructure Program (SCIP) to allow for financing of impact fees and public facilities through Community Facilities Districts.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Form of Resolution of Intention

3. Exhibit B - Form of Acquisition Agreement

4. Exhibit C - Eligible Facilities and Fees

5. Exhibit D - Form of Increased Demands Certificate

6. Exhibit E - City of Livermore Contacts for SCIP Program

6.2 Hearing to consider a resolution approving the FY 2024-25 Annual Action Plan and application for a new Section 108 Guaranteed Loan; authorizing submittal to the U.S. Department of Housing and Urban Development; and authorization execution of associated documents.

Recommendation:

The Human Services Commission and staff recommend the City Council adopt a resolution:

1 .

Approving the FY 2024-25 Annual Action Plan, attached hereto as Exhibit A, and authorizes submission of the Action Plan to Alameda County for inclusion with the Alameda County HOME Consortium report for submittal to HUD; 2 .

Authorizing the submittal of a final Section 108 guaranteed loan application to HUD for the Tri-Valley Haven for Women Emergency Shelter Project in an amount not to exceed $1,200,000;
3 .

Authorizing the City Manager, or her designee, to accept the Section 108 for the Tri- Valley Haven for Women Emergency Shelter Project if approved by HUD; 4 .

Authorizing the City Manager, or her designee, to negotiate and execute all documentation and agreements with HUD and any subgrantees that are necessary and appropriate to effectuate the FY 2024-25 Annual Action Plan and the new Section 108 guaranteed loan, including, without limitation, the FY 2024-25 Entitlement Certifications, attached hereto as Exhibit B, and the Section 108 loan certifications, attached hereto as Exhibit C; and
5 .

Authorizing the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including

Livermore City Council Agenda
April 15, 2024

8 approving minor changes to the FY 2024-25 Annual Action Plan and the Section 108 guaranteed loan application.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - FY 2024-25 Draft Annual Action Plan

3. Exhibit B - HUD Certifications FY 2024-25 Entitlement

4. Exhibit C - HUD Certifications- Section 108 Loan

5. Exhibit D - Proposed Section 108 Loan Application

6.3 Hearing to receive and consider protests and direct staff to proceed with field abatement work on the abatement of weeds, rubbish, dirt, or refuse on certain described properties under the 2024 Weed Abatement Program.

Recommendation:

Staff recommends City Council consider all protests, and if the City Council finds it appropriate, adopt a resolution overruling protests, and direct staff to proceed with necessary weed abatement on all parcels requiring abatement.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - 2024 List of Parcels & Property Owners

7. MATTERS FOR CONSIDERATION

7.1 Resolution adopting 180-day wait period exception to hire retired annuitant, Stephen Stewart, former Assistant Community Development Director, in accordance with Government Code section 7522.56 of the Public Employees' Retirement Law.

Recommendation:

Staff recommends that the City Council adopt a resolution approving the hiring of retired annuitant, Stephen Stewart, former Assistant Community Development Director, in accordance with Government Code section 7522.56 of the Public Employees' Retirement Law.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Offer Letter with Enclosures

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS

Livermore City Council Agenda
April 15, 2024

9 9.

ADJOURNMENT

To a Special City Council meeting, Monday, April 29, 2024, at 5:00 pm and a Regular City Council meeting on Monday, May 13, 2024, at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

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 item. 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.

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

Livermore City Council Agenda
April 15, 2024

10 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 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. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda.

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

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

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

If you would like to deliver written materials to the City Council as part of your public comment, please provide 10 copies to the City Clerk with your speaker card.

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 Livermore City Council Agenda
April 15, 2024

11 DAYS IN ADVANCE OF THE MEETING.

Livermore City Council Agenda
April 15, 2024

12 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1

DATE:

April 15, 2024
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Proclamation recognizing Tri-Valley Haven during Sexual Assault Awareness Month, presented to Sarah Bariya, Tri-Valley Haven Director of Sexual Assault & Counseling Services.

RECOMMENDED ACTION

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Stephanie Egidio
Assistant to the City Manager

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

CITY COUNCIL STAFF REPORT
ITEM NO. 5.1

DATE:

April 15, 2024
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Approval of draft minutes - March 25, 2024 Regular Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. DRAFT 2024-03-25

Prepared by: Debbie Elam
Acting City Clerk

CITY COUNCIL
MARCH 25, 2024
________________________________________________________________

REGULAR MEETING

1. CLOSED SESSION – NONE.

2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue and YouTube.

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

PLEDGE OF ALLEGIANCE

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Confirm Advisory Body appointments to the Airport Commission, the Alameda County Mosquito Abatement District Board of Trustees, Beautification Committee, Commission for the Arts, Historic Preservation Commission, Library Board of Trustees, and City Historian, and direct the City Clerk to administer the oath of office.

Historic Preservation Commission
Appointment to a regular term ending May 1, 2028
• Fred Cullum
Appointment to an unexpired and regular term ending May 1, 2028. • Neal Pann
Alameda County Mosquito Abatement District Board of Trustees Appointment to an unexpired term ending January 1, 2027. • Maya Manoharan
Commission for the Arts
Appointment to an unexpired term ending January 1, 2025 • Thomasin Dewhurst
Livermore Airport Commission (Pilot)
Appointment to an unexpired term ending November 1, 2027. • David Farley
Library Board of Trustees 1 Vacancy
Reappointment to a regular term ending June 1, 2027
• Richard Hunt
ATTACHMENT 1
16 CM/75/2 Minutes MARCH 25, 2024

Beautification Committee
Appointment to regular terms ending June 1, 2028
• Kat Weiss
• Ann Brown

Appointment to an unexpired term ending June 1, 2027
• Andrew Wang

Appointments to unexpired and regular term ending June 1, 2028 • Ron Kraft
• Tom Bradley

City Historian
Appointment to an unexpired term ending February 1, 2026 • Alan Frank

ON THE MOTION OF VICE MAYOR CARLING AND, SECONDED BY COUNCIL MEMBER KIICK AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS.

Acting City Clerk Debbie Elam administered the oath of office.

3.2 Proclamation declaring March 2024 as March for Meals (#SaveLunch) Month, presented to Carrie Oldes, Spectrum's Meals on Wheels program manager.

Mayor Marchand presented a proclamation to Carrie Oldes, Spectrum's Meals on Wheels program manager declaring March 2024 as March for Meals (#SaveLunch) Month.

4. OPEN FORUM

Mayor Marchand opened the public comment period.

David McGuigan, provided a comment.

Donna Cabanne, provided a comment.

Eli Robles, provided a comment.

Marti Sutton, provided a comment.

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

5. CONSENT CALENDAR

Mayor Marchand opened the public comment period.

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

ON THE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY
COUNCIL MEMBER KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ATTACHMENT 1
17 MARCH 25, 2024 Minutes CM/75/3

APPROVED THE CONSENT CALENDAR.

5.1 Approval of draft minutes – March 11, 2024, Regular Meeting.

5.2 Resolution 2024-035 authorizing the execution of an agreement with Roofing Constructors, Inc. dba Western Roofing Services, a subsidiary of TectaAmerica to provide annual and semi -annual roof inspections, preventative maintenance, gutter cleaning and roof repair services for City owned buildings in an amount not-to-exceed $700,000 for a three-year term ending March 31, 2027.

5.3 Resolution 2024-036 authorizing execution of an agreement with the Alameda County Flood Control and Water Conservation District, Zone 7 for participation in the 2022 Urban Community Drought Relief Local Projects Grant Program.

5.4 Resolution 2024-037 authorizing executi on of a purchase order with Belkorp Ag. LLC, for two John Deere Track Steer Loaders and associated equipment in the not-to-exceed amount of $203,260.

5.5 Resolution 2024-038 authorizing execution of a first amendment to the Airport Restaurant Lease Agreement with SAAB13, LLC.

5.6 Resolution 2024-039 approving the 2024 City of Livermore State and Federal Legislative Platform.

6. PUBLIC HEARINGS

6.1 Hearing to consider the Housing Element Annual Progress Report, which tracks the City’s progress towards implementing the Housing Element of the General Plan and meeting its Regional Housing Needs Allocation (RHNA), pursuant to Government Code Section 65400.

Recommendation: Staff recommended the City Council adopt a resolution accepting the 2023 General Plan Housing Element Annual Progress Report.

Assistant Planner Shannon Pagan presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers, and the hearing was closed.

ON THE MOTION OF COUNCIL MEMBER KIICK, SECONDED BY VICE MAYOR CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2024-040 accepting the 2023 General Plan Housing Element Annual Progress Report.

6.2 Resolution authorizing, approving, and adopting an amended Permanent Local Housing Allocation (PLHA) program five -year plan to reallocate funds to support the shelter and housing assistance provided at ATTACHMENT 1
18 CM/75/4 Minutes MARCH 25, 2024

Vineyard 2.0 as well as rental assistance provided by City Serve, and authorizing the City Manager to apply for PLHA funds from the State Department of Housing and Community Development in an amount not -to- exceed $1,251,240 and execute grant agreements consistent with the program activities defined in the amended PLHA 2019-2023 plan.

Recommendation: Staff recommended the City Council adopt two resolutions:

1. Authorizing, approving, and adopting an amended PLHA Plan for 2019 - 2023 allocations, which is attached to the resolution as Exhibit A;

2. Authorizing the City Manager, or her designee, to execute the PLHA program application for the 2023 PLHA NOFA, the PLHA standard agreement, and any subsequent amendments or modifications thereto, as well as any other documents that are related to the PLHA program or the PLHA grant awarded to the City of Livermore;

3. Authorizing the City Manager to accept and appropriate the allocations for the amended PLHA plan if awarded in an amount not -to-exceed $1,251,240, and directing the City Manager or her designee, to sign and submit Fund Requests and all required reporting forms and other documentation as may be required by the State of California in connection with the grant; and

4. Authorizing the City Manager or her designee to sign all documents related to the execution of grant agreements with subgrantees receiving allocations of funds from the CA State Housing and Community Development PLHA program, including the selection of, and contracting with, service providers in amounts exceeding $100,000, consistent with the allowable activities in the PLHA program.

Housing Administrative Technician Natalia Galina presented the staff report.

Mayor Marchand opened the public hearing.

Margaretann Fortner, provided a comment.

Karl Wente, provided a comment.

There were no more speakers, and the hearing was closed.

ON THE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY
COUNCIL MEMBER BARRIENTOS AND CARRIED ON A 5 -0 VOTE, THE CITY

COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS

Resolution 2024-041 authorizing the application and mending the PLHA Plan for the Permanent Local housing Allocation Program.

Resolution 2024-042 adopting the Permanent Local Housing Allocation Program (PLHA) Plan Amendment and authorizing execution of an agreement to receive funding from PLHA in an amount not -to-exceed $1,251,240 and authorizing the execution of grant agreement between the City of Livermore and subgrantees to appropriate these funds.

6.3 Hearing to consider a request for an Annexation/Prezoning, Pre - ATTACHMENT 1
19 MARCH 25, 2024 Minutes CM/75/5
Annexation and Development Agreements, General Plan Amendment, Zoning Map Amendment, Development Code Amendment, Vesting Tentative Parcel Map, Vesting Tentative Tract Map, Planned Development, and Site Plan Design Review for the SMP 39 and 40 Project to zone for and develop light industrial uses near the northwest part of the City.

Recommendation: Planning Commission and staff recommended the City Council take the following actions to authorize the future development of light industrial buildings on the SMP 39 and SMP 40 properties:

1. Adopt a resolution certifying the Final Environmental Impact Report for the SMP 39/SMP 40 Project and adopting California Environmental Quality Act Findings, A Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program;

2. Adopt a resolution approving General Plan Amendment (GPA) 21 -001, Vesting Tentative Parcel Map (SUB) 21 -008, Vesting Tentative Tract Map (SUB) 21-009, and Site Plan Design Review (SPDR) 21-008;

3. Introduce an ordinance and waive the first reading pre-zoning the SMP 39 and SMP 40 properties to Planned Development - Industrial (PD-I) 22-001 and the Additional Annexation Only Parcels to Open Space - Floodplain (OS- F) consistent with Planned Development - Industrial (PD-I) 22-001, Zoning Map Amendment (ZMA) 21-002, and Development Code Amendment (DCA) 21-005;

4. Introduce an ordinance and waive the first reading authorizing execution of Pre- Annexation and Development Agreement (DA) 21-001;

5. Introduce an ordinance and waive the first reading authorizing execution of Pre- Annexation and Development Agreement (DA) 23-002; and

6. Adopt a resolution authorizing submittal of an application to LAFCo for a Sphere of Influence and Annexation modification consistent with Annexation and Prezoning (APZ) 21-003.

Senior Planner Ashley Vera presented the staff report.

Mayor Marchand opened the public hearing.

Weng Tam, provided a comment.

Nigel Cowan, provided a comment.

Robert Downs, provided a comment.

Tyler Rost, provided a comment.

Tim Cooper, provided a comment.

Brandon Evans, provided a comment.

Jesus Mendoza, provided a comment.

There were no more speakers, and the hearing was closed.

ATTACHMENT 1
20 CM/75/6 Minutes MARCH 25, 2024

ON THE MOTION OF VICE MAYOR CARLING AND SECONDED BY COUNCIL MEMBER KIICK A ND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL

ADOPTED THE FOLLOWING RESOLUTION AND INTRODUCED THE

FOLLOWING ORDINANCES
Resolution 2024 -043 certifying the Final Environmental Impact Report for the SMP 39/SMP 40 Project and adopting California Environmental Quality Act findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program.

Resolution 2024-044 approving General Plan Amendment (GPA) 21-001, Vesting Tentative Parcel Map (SUB) 21-008, Vesting Tentative Parcel Tract Map (SUB) 21-009, S ite Plan Design Review (SPDR) 21 -008, subject to the conditions of approval, for the SMP 39/SMP 40 Project.

Resolution 2024 -045 authorizing submittal of an application to the Alameda County Local Agency Formation Commission to request initiation of sphere of influence amendment and annexation proceedings and authorizing the exchange of property tax revenue and execution of the transfer of property tax revenues agreement for the SMP 39/SMP 40 Project.

Ordinance introduced adopting annexation/pre-zoning (APZ) 21 -003, Planned Development - Industrial (PD -I) 22-001, Development Code Amendment (DCA) 21-005, and Zoning Map Amendment (ZMA) 21-002 of the Cit of Livermore for the SMP39/SMP 40 Project.

Ordinance introduced approving a Development Agreement with Livermore Industrial Partners 39, LLC and SMP-39, LLC for the SMP39/SMP 40 Project.

Ordinance introduced approving a Development Agreement with Livermore Industrial Partners 40, LLC and SMP-40, LLC for the SMP39/SMP 40 Project.

7. MATTERS FOR CONSIDERATION – NONE.

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

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

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

City Council requested that the grape stake fence on Holmes Street between El Caminito and Catalina Drive be replaced.

9. ADJOURNMENT – at 9:28 pm to a Special City Council meeting on April 1, 2024, at 5:00 pm and a Regular City Council Meeting on Monday, April 15, 2024, at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

ATTACHMENT 1
21 MARCH 25, 2024 Minutes CM/75/7
APPROVED:

JOHN P. MARCHAND, MAYOR
ATTEST: ___
DEBORAH L. ELAM, ACTING CITY CLERK
ATTACHMENT 1
22 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

April 15, 2024
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Assistant City Manager
SUBJECT:

Adoption of ordinances pre-zoning the SMP 39 and SMP 40 properties to Planned Development - Industrial (PD-I) 22-001 and the Additional Annexation Only Parcels to Open Space - Floodplain (OS-F) consistent with Planned Development - Industrial (PD-I) 22-001, Zoning Map Amendment (ZMA) 21-002, and Development Code Amendment (DCA) 21-005; authorizing execution of Pre-Annexation and Development Agreement (DA) 21-001; and authorizing execution of Pre-Annexation and Development Agreement (DA) 23-002.

RECOMMENDED ACTION

Staff recommends the City Council
adopt the following ordinances
:

1 .

Ordinance authorizing execution of Pre-Annexation and Development Agreement (DA) 21-001; and
3 .

Ordinance authorizing execution of Pre-Annexation and Development Agreement (DA) 23-002.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Ordinance - APZ,PD,ZMA,DCA

2. Exhibit A - Planning Commission Resolution - Project Approval

3. Exhibit B - Zoning Map Amendment (ZMA) 21-002

4. Exhibit C - Draft Planned Development Zoning
23 5. Ordinance - DA 21-001

6. Exhibit A - SMP 39 Development Agreement

7. Exhibit B - Planning Commission Resolution - Project Approval

8. Ordinance - DA 23-002

9. Exhibit A - SMP 40 Development Agreement

10. Exhibit B - Planning Commission Resolution - Project Approval

Prepared by: Ashley Vera
Senior Planner

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE ADOPTING ANNEXATION/PREZONING (APZ) 21-003, PLANNED DEVELOPMENT – INDUSTRIAL (PD-I) 22-001, DEVELOPMENT CODE AMENDMENT (DCA) 21-005, AND ZONING MAP AMENDMENT (ZMA) 21-002 OF THE CITY OF LIVERMORE FOR THE SMP 39/SMP 40 PROJECT

THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:

Section 1. Recommendation. The Planning Commission held a duly noticed public hearing on March 5, 2024, to consider Planned Development – Industrial 22-001 and recommended that the City Council approve the Planned Development in Planning Commission Resolution No.03-24, attached hereto as Exhibit A.

Section 2. Environmental. The City Council considered the environmental review and certified the SMP 39/SMP 40 Final Environmental Impact Report by Resolution No. ____.

Section 3. Consistency. The ordinance is consistent with the Livermore General Plan, any applicable specific plan, and the Livermore Development Code.

Section 4. Adoption. The City Council of the City of Livermore has considered the findings made in Planning Commission Resolution No.03-24, attached hereto as Exhibit A, and hereby adopts the same findings by this reference and incorporates them as part of this resolution, and based upon the City Council’s own independent review and considerations, the City Council hereby approves Annexation/Prezoning (APZ) 21-003 to pre-zone the Subject Property to Planned Development – Industrial 22-001 and Open Space-Floodplain, Planned Development - Industrial (PD-I) 22-001, Development Code Amendment (DCA) 21-005, and Zoning Map Amendment (ZMA) 21-002, amending the Zoning Map of the City of Livermore as shown in the attached Exhibit B.

Section 5. Zoning Standards . The zoning standards for this district shall be those set forth in the Planned Development - Industrial (PD-I) 22-001 Standards attached hereto as Exhibit C.

Section 6. Publication and Effective Date. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Livermore within 15 days after its adoption and shall take effect and be in force thirty days from and after its adoption.

Section 7. Filing. The Planning Manager is directed to file a Notice of Determination with the Alameda County Clerk.
25 ORDINANCE NO. _________
Section 8. Documents. The documents that constitute the record of proceedings upon which this decision is based on can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, Livermore, California.

Section 9. Severability. If any part of this ordinance is declared unconstitutional or invalid by a court, such unconstitutionality or invalidity shall not affect any remaining parts.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on March 25, 2024, 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 April 15, 2024, 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/ Kimberly D. Cilley
Deborah L. Elam Kimberly D. Cilley
Acting City Clerk Senior Assistant City Attorney
Exhibit A – Planning Commission Resolution No. 03-24
Exhibit B – Zoning Map Amendment (ZMA) 21-002
Exhibit C – Planned Development – Industrial 22-001 Zoning Standards 26 EXHIBIT A
27 EXHIBIT A
28 EXHIBIT A
29 EXHIBIT A
30 EXHIBIT A
31 EXHIBIT A
32 EXHIBIT A
33 EXHIBIT A
34 EXHIBIT A
35 £-
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This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. The City of Livermore is not responsible for misuse or errors or omissions on this map. All information should be confirmed City limits
Major Streets(> 62.500)
Collector Street Names (2500-
Creeks
Public Facilities (4500-100000
Park Names (4500-100,000)
School Names (4500-24,000)
Streets
lrterslale
Oller Freeway or �ressway
M�•
Col'alctor
Loc•
Ramp
Private Streets
Railroad
Lakes
Creeks
Public Facilities
Fire Sta�-;,r,
PollceFoc11ty
Other Gov1 Foc,�ty
Schools
Parks
Parcels
TDC Site
1-580 Adopted Planlines
Zoning Districts
Ru-al Reo1denllal (RR)
LowDens1tyReside11Jal(RL1
&.Jburt>lr,Res.deflbal(RS)
Soourbar Mullple Famly Resider11<
■ M..GJ�e Farrr!y Res,denllal (MFR)
■ Oowlto,,nSpec,ficPlal(DSP)
■ Commercial Sefvlce (CSJ
■ ProlessionalOfl1ce(CP)
■ Commercial Office (CO)
■ H� Corrroerciel S@r,,ce {CHf
Ne1ghborhoodBus1nessCommerc1f
l8a N,;,lghoorhood M1,ad Use (NMU)
■ ISdbel N; ,ghbomood SP {INSP)
17,069
0 EXHIBIT B
36 PLANNED DEVELOPMENT

STANDARDS
SMP 39 & SMP 40
Planned Development – Industrial (PD-I) 22-001
Revi
ewed by Planning Commission: March 5, 2024
Approved by City Council: March 25, 2024
Purpose: The purpose of establishing this Planned Development-Industrial (PD-I 22-001) District (District) is to regulate the development of ± 51.9 acres of land located on Jack London Boulevard, west of Oaks Business Park and south of Livermore Municipal Airport (commonly referred to as “SMP 39”) and ± 41 acres of land located south of Oaks Business Park, at the south end of Atlantis Street and Challenger Street (commonly referred to as “SMP 40”), as shown in the attached figure (Figure 1). The intent of this District is to accomplish the following:

1. PD-I 22
-001 is intended to provide an environment exclusively for and conducive to the development and protection of modern professional and administrative facilities, research institutions, manufacturing operations, experimental and testing laboratory and related uses, any similar employment generating high-end industrial users, all of a non-nuisance type.

2. The District is intended to provide for an aesthetically attractive working environment with park- and/or campus-like grounds, attractive buildings, employee parking, and other amenities appropriate to a mix of office and industrial uses.

3. The District is intended to establish development standards and regulations consistent with the intent of the Low Intensity Industrial General Plan designation.

4. Any land use that utilizes hazardous materials shall be subject to the regulations of Section 6.02.040, Hazardous Materials, of the Livermore Development Code, as it exists now or is amended in the future.

5. Development shall be in conformance with the requirements of the Livermore Development Code as it exists now or is amended in the future, except as modified by the following regulations.

6. Development is subject to the Citywide Design Standards and Guidelines as they exist now or may be amended in the future unless otherwise modified by the following regulations.

A. Pri
ncipal Permitted Uses:

EXHIBIT C
37 The following are the principal permitted uses for SMP 391 and SMP 40:

1. R
esearch and development facilities

2. Professional and administrative offices

3. Experimental and testing laboratories

4. Manufacture of electric and electronic circuits, instruments, and devices

5. Manufacture of pharmaceutical products or life science facility, not exceeding B
iosafety Level 22

6. M
edical diagnostic and manufacturing facilities

7. Manufacturing and assembly of motor vehicle parts, including but not limited to dashboards, parts, component systems, electrical connectors, sensors, panels, airbags, seats, tires, windows etc. for all vehicles and similar equipment (e.g. automobiles, motorcycle, construction equipment, farm equipment, buses).

8. Similar uses as determined by the Community Development Director to be of the s
ame general character as the listed uses.

Additio nal Permitted Uses for SMP 39 only:

1. Restaurants, except fast food
Additional Permitted Uses fo r SMP 40 only:

1. Warehousing and distribution facilities, dry or refrigerated

2. Warehousing and distribution facility – E-commerce/Third Party Logistics (3PL)

3. Manufacturing, assembly, processing, storage, or packaging of products from previ
ously prepared materials such as, but not limited to, cloth, plastic, paper, leather, and precious or semi-precious metals or stones, but not including the following:

A. Operations such as saw and planing mills, any manufacturing uses involving primary production of wood, metal, or chemical products from raw materials, and similar uses
B. Vehicle dismantling yards, scrap and waste yards
C. Manufacturing, processing, storing, or packaging chemicals, petroleum, heavy agricultural products or other hazardous materials. 1 SMP 39 and SMP 40 are located with the Airport Influence Area and the Livermore Airport Protection Area. Per the Alameda County Airport Land Use Compatibility Plan, the majority of SMP 39 is located in Safety Zone 6, with a portion of the site located in Safey Zone 3. The principal permitted land uses are intended to be located in buildings that are only within the portion of SMP 39 that is located in Safety Zone 6.
2 Per the Centers for Disease Control and Prevention, Biosafety Level 2 laboratories involve work that poses moderate hazards to laboratory workers and the environment. Biosafety Level 2 laboratories require safety protocols to contain microbes and biological agents.

EXHIBIT C
38 4. Sale of heavy equipment and construction related vehicles and equipment, including associated repair, service, and parts distribution facilities. Showrooms related to this use may be a conditionally permitted ancillary use.

5. Similar uses as determined by the Community Development Director to be of the same general character as the listed uses.

B. Conditional Uses for SMP 39 and 40:

1. Public and quasi-public uses.

2. Manufacture of pharmaceutical products or life science facility, not exceeding Biosafety Level 33

3. S imilar uses as determined by the Planning Commission to be of the same general character as the listed uses.

Conditional Uses for SMP 39 only:

1. Fast-food businesses, banks, personal services, or goods required for the convenience and support of occupants of uses in the surrounding district(s).

2. Warehouse and distribution facilities, including E-commerce/Third Party Logistics (3PL) uses, with the condition that these uses may only occupy up to 20 percent of the total buildable site area.

3. Sale of heavy equipment and construction related vehicles and equipment, including associated repair, service, and parts distribution facilities, provided they are manufactured and/or sold on-site. Showrooms related to this use may be a conditionally permitted ancillary use.

4. S imilar uses as determined by the Planning Commission to be of the same general character as the listed uses.

C. Accessory Uses Permitted on SMP 39 and 40:

1. Signs subject to the requirements established by the Livermore Development Code, as well as the Citywide Design Standards and Guidelines, as it exists now or is amended in the future.

2. Accessory uses and buildings customarily appurtenant to a permitted use.

3. Living quarters determined by the Community Development Director to be necessary for surveillance purposes.

4. Fuel stations subject to the requirements of Section 6.03.160, Vehicle Services, of the Livermore Development Code, as it exists now or is amended in the future. 3 Per the Centers for Disease Control and Prevention, laboratories designated Biosafety L evel 3 involve work that poses a safety hazard greater than Biosafety Level 2 laboratories, defined above. Biosafety Level 3 laboratories require additional safety protocols beyond those required for Biosafety Level 2 laboratories to contain microbes and biological agents.

EXHIBIT C
39 D. Special Development Requirements for SMP 39 and 40:

1. Uses shall be designed and integrated into the site in a manner that maintains and is complementary to the corporate and professional character of the nearby Oaks Business Park.

2. Outdoor service and storage yards shall be screened from public view consistent w
ith Livermore Development Code Section 6.03.100, Outdoor Storage, as it exists today or is amended in the future.

3. For SMP 40 only: Commercial/Industrial buildings shall be located a distance of at least 500 feet from Isabel Avenue.

E. Site Development Regulations for SMP 39 and 40:

The following minimum requirements shall be observed, except where increased for conditional uses:

1. Lot Area: Tw enty thousand square feet

2. Lot Width: One hundred feet

3. Setbacks: Setback requirements are established below. Buildings shall not be permitted within required setbacks.

A. SMP 39
1) Front or Street S ide: 40-feet on West Jack London Boulevard, and 30-feet on frontage roads and interior streets, except as required by subsection E.4. All required setbacks adjacent to streets shall be landscaped, except for driveways, sidewalks, and trails that are found to be necessary for the efficient use of the property. Where a building front is visible from the street, a minimum five-foot wide landscaped strip abutting the foundation shall be included, allowing for necessary entrances.
2) Rear and Side: None.

B. SMP 40
1) Front or Street Side: 500-feet from Isabel Avenue, and 30-feet on frontage roads and interior streets, except as required by subsection E.4. All required setbacks adjacent to streets shall be landscaped, except for driveways and sidewalks that are found to be necessary for the efficient use of the property.

Where a building front is visible from the street, a minimum five- foot wide landscaped strip abutting the foundation shall be included, allowing for necessary entrances
2) Rear and Side: None, except for a 20-foot setback from the top of the Arroyo Mocho bank on SMP 40
which should be
determined from a 2.5:1 slope projection from the toe of

EXHIBIT C
40 channel/mining pit to the top, as required in the Environmental Impact Report for the project.

4. H
eight Regulations: Th e height of all on-site structures, including roof-top mechanical equipment, is limited to 50 feet or the height permitted by the Federal Aviation Administration (FAA) review under FAA regulations – Part 77, whichever is more restrictive. Upon providing a minimum 40-foot setback from street rights- of-way, a Conditional Use Permit may be requested to increase height to a maximum of 55 feet, or the height permitted under FAA regulations – Part 77, w
hichever is more restrictive. The height of pole-and building-mounted lights may be approved up to 28 feet by an administrative site plan and design review, if found necessary for the health and safety of a site designed for truck or other large vehicle maneuvering and documented by a light study to not cause glare off- site.

5. Lot Coverage: The buil ding coverage maximum shall be 45 percent.

F. S
igns

1. Industrial Uses. Signs for industrial uses shall be subject to the sign regulations contained in Livermore Development Code section 4.06.230 (sign standards for I- 1, I-2 and I-3) and the Citywide Design Standards Guidelines as it exists now or is am
ended in the future.

2. Commercial Uses. Signs for commercial uses shall be subject to the sign r
egulations contained in Livermore Development Code section 4.06.170 (sign standards for CNB) and the Citywide Design Standards Guidelines as it exists now
or is amended in the future.

G
. Other Required Standards for SMP 39 and 40:

1. N
oise. No use shall be permitted which creates an ambient noise level greater than 75 decibels (dBA) beyond the boundaries of the site, nor greater than 60 dec
ibels at the boundary of a Residential District.

A. On SMP 39, semi-truck access to the site (arrivals and departures) shall be limited to 96 trips between the hours of 10:00 PM and 7:00 AM.

B. On SMP 40, semi-truck access to the site (arrivals and departures) shall be limited to 40 trips between the hours of 10:00 PM and 7:00 AM C. Between the hours of 10:00 PM and 7:00 AM single-event noise levels (e.g., backup alarm, truck brakes, etc.) shall not exceed 55 dBA, measured at the property line of the nearest residential use.

2. Air Pollution. All uses shall comply with regulations of the San Francisco Bay Area A
ir Pollution Control District.

3. Vibration, Heat, Glare, Electrical Disturbance. No use shall be permitted which creates noise, odors, vibrations, heat, glare, or electrical disturbances beyond the

EXHIBIT C
41 boundaries of the site. Lighting used to illuminate buildings, structures, uses, or parking and loading areas shall not be directed toward any public right-of-way.

4. Fire, Explosion. All uses shall provide adequate safety devices and adequate firefighting and fire suppression equipment to protect against fire, explosion, and other hazards.

5. Solid and Liquid Wastes. No solid or liquid waste discharges, other than permitted discharges into a public sewage disposal system, shall be permitted. The chemical composition and volume of industrial effluent discharged shall be subject to the wastewater permit requirements established by LMC Title 13, Division II. (Ord. 442 § 14.80).

EXHIBIT C
42 Las Positas
Golf Course
San Francisco
Premium Outlets
Undeveloped
Land
Gravel Quarries/
Industrial Ponds
Livermore
Municipal
Airport
Oaks
Business
Park
Gravel Quarries/
Industrial Ponds
Single-
Family
Residences
Additional
Annexation
Only Parcels
Figure 1

EXHIBIT C
43 ORDINANCE NO. ______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT WITH LIVERMORE INDUSTRIAL PARTNERS 39, LLC AND SMP-39, LLC FOR THE SMP 39/SMP 40

PROJECT
(Development Agreement 21-001)
THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:

Section 1. Authority. Pursuant to Government Code Section 65864 et seq., the City Council considers that certain document under City Application No. Development Agreement 21-001 and entitled “Pre-Annexation and Development Agreement (DA 21- 001) [Surface Mining Permit (SMP) 39/40 Project – SMP 39 Property] (“Development Agreement”). The Development Agreement is attached hereto as Exhibit A.

Section 2. Recommendation. The Planning Commission held a duly noticed public hearing on March 5, 2024, to consider adoption of an ordinance approving the Development Agreement and by its Resolution No. 03-24, attached hereto as Exhibit B, recommended that the City Council adopt the ordinance and approve the Development Agreement.

Section 3. Environmental Review. The City Council considered the environmental review and certified the SMP 39/SMP 40 Final Environmental Impact Report by Resolution No. ____.

Section 4. Consistency. Development Agreement 21-001 is consistent with the General Plan and the Livermore Development Code Chapter 9.04.

Section 5. Approval. The City Council has considered the findings made by the Planning Commission for adoption of the Development Agreement in Planning Commission Resolution No. 03-24, and hereby adopts the same findings by this reference and incorporates them as part of this resolution, and based on the City Council’s own independent review and considerations, hereby adopts this ordinance approving Development Agreement 21-001.

Section 6. Signing Authority. The City Manager is hereby authorized to sign the Development Agreement, attached hereto as Exhibit A, on behalf of the City of Livermore.

Section 7. Publication and Effective Date. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Livermore within 15 days after its adoption and shall take effect and be in force thirty days from and after its adoption.
44 ORDINANCE NO. ______
Section 8. Filing. Planning Manager is directed to file a Notice of Determination for the SMP 39/SMP 40 Project Environmental Impact Report with the Alameda County Clerk.

Section 9. Recording. The City Clerk is directed to record the Development Agreement within 10 days after the effective date of the Development Agreement.

Section 10. Documents. The documents that constitute the record of proceedings upon which this decision is based on can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, Livermore, California.

Section 11. Severability. If any part of this ordinance is declared unconstitutional or invalid by a court, such unconstitutionality or invalidity shall not affect any remaining parts.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on March 25, 2024, 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 April 15, 2024, 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/ Kimberly D. Cilley
Deborah L. Elam Kimberly D. Cilley
Acting City Clerk Senior Assistant City Attorney
Exhibit A – Development Agreement 21-001
Exhibit B – Planning Commission Resolution 03-24
45 EXHIBIT A
46 EXHIBIT A
47 EXHIBIT A
48 EXHIBIT A
49 EXHIBIT A
50 EXHIBIT A
51 EXHIBIT A
52 EXHIBIT A
53 EXHIBIT A
54 EXHIBIT A
55 EXHIBIT A
56 EXHIBIT A
57 EXHIBIT A
58 EXHIBIT A
59 EXHIBIT A
60 EXHIBIT A
61 IN WITNESS WHEREOF , the Parties have signed this Pre-annexation and Development Agreement on the dates indicated below.

DEVELOPER
LIVERMORE INDUSTRIAL PARTNERS 39, LLC
By:

Title:

SELLER
SMP-39, LĻA
By:

Title: CED

CITY OF LIVERMORE
Date:

Date:

By:

Title:Date:

Attest: Approved to as Fom:

City Clerk Assistant/City Attormey
15 EXHIBIT A
62 EXHIBIT A
63 EXHIBIT A
64 EXHIBIT A
65 EXHIBIT A
66 EXHIBIT A
67 EXHIBIT A
68 EXHIBIT A
69 EXHIBIT A
70 EXHIBIT A
71 EXHIBIT A
72 EXHIBIT A
73 EXHIBIT B
74 EXHIBIT B
75 EXHIBIT B
76 EXHIBIT B
77 EXHIBIT B
78 EXHIBIT B
79 EXHIBIT B
80 EXHIBIT B
81 EXHIBIT B
82 ORDINANCE NO. _______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT WITH LIVERMORE INDUSTRIAL PARTNERS 40, LLC AND SMP-40, LLC FOR THE SMP 39/SMP 40

PROJECT
(Development Agreement 23-002)
THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:

Section 1. Authority. Pursuant to Government Code Section 65864 et seq., the City Council considers that certain document under City Application No. Development Agreement 23-002 and entitled “Pre-Annexation and Development Agreement (DA 23- 002) [Surface Mining Permit (SMP) 39/40 Project – SMP 40 Property] (“Development Agreement”). The Development Agreement is attached hereto as Exhibit A.

Section 2. Recommendation. The Planning Commission held a duly noticed public hearing on March 5, 2024, to consider an ordinance approving the Development Agreement and by its Resolution No. 03-24, attached hereto as Exhibit B, recommended that the City Council adopt the ordinance and approve the Development Agreement.

Section 3. Environmental Review. The City Council considered the environmental review and certified the SMP 39/SMP 40 Final Environmental Impact Report by Resolution No. ____.

Section 4. Consistency. Development Agreement 23-002 is consistent with the General Plan and the Livermore Development Code Chapter 9.04.

Section 6. Signing Authority. The City Manager is hereby authorized to sign the Development Agreement, attached hereto as Exhibit A, on behalf of the City of Livermore.

Section 8. Filing. Planning Manager is directed to file a Notice of Determination for the SMP 39/SMP 40 Project Environmental Impact Report with the Alameda County Clerk.
83 ORDINANCE NO. _______
Section 9. Recording. The City Clerk is directed to record the Development Agreement within 10 days after the effective date of the Development Agreement.

Section 11. Severability. If any part of this ordinance is declared unconstitutional or invalid by a court, such unconstitutionality or invalidity shall not affect any remaining parts.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on March 25, 2024, 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 April 15, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

EXHIBIT A
101

EXHIBIT A
102
IN WITNESS WHEREOF , the Parties have signed this Pre-annexation and Development Agreement on the dates indicated below.

DEVELOPER
LIVERMORE INDUSTRIAL PARTNERS 40,
By:

Title:

SELLER
SMP40,LL
B
Title:

LLC
Date:

Date:

CITY OF LIVERMORE
By:

Title:Date:

Attest: Approved to as Fom:

City Clerk Assistant/City Attorney
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CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

April 15, 2024
TO:

Honorable Mayor and City Council
FROM:

Judy Erlandson, Acting Public Works Director
SUBJECT:

Introduce an ordinance, and waive the first reading, amending Title 11, Chapter 11.08, Airport Rules and Regulations, Chapters 11.08.010 Definitions and 11.08.110 Aviation Fueling Operations in the Livermore Municipal Code to Require Fixed Base Operators to Provide certain aviation fuels by December 12, 2025.

RECOMMENDED ACTION

Staff recommends that the City Council
introduce an ordinance
and waive the first reading amending
Title 11, Chapter 11.08, Airport Rules and Regulations, Chapters 11.08.010 Definitions and 11.08.110 Aviation Fueling Operations in the Livermore Municipal Code to update the definition of Fuel and include a provision requiring Fixed Base Operators (FBOs) to provide Unleaded Aviation Fuel.

SUMMARY
On October 23, 2023, the City Council directed staff to update the Airport's Minimum Standards for Commercial Aeronautical Activities in response to community requests.

On December 11, 2023, City Council adopted a resolution amending the Livermore Airport Minimum Standards for Commercial Aeronautical Activities to require the provision of Unleaded Aviation Fuel by Fixed Base Operators (FBOs).

This step is to begin the codification of the December 11, 2023, action into City Ordinance.

DISCUSSION
The Environmental Protection Agency (EPA) has issued their final ruling regarding leaded fuel in aviation gasoline, effectively declaring that there is no safe level of lead in humans and as such finds the lead additives in aviation fuel to be an endangerment to the public.

On December 11, 2023, the City Council adopted a resolution amending the Livermore Airport Minimum Standards for Commercial Aeronautical Activities to require the provision of unleaded aviation fuel by the Fixed Based Operator (FBO), which must now be codified. Therefore, staff recommends that the City 128
Council introduce an ordinance and waive the first reading, amending Title 11, Chapter 11.08, Airport Rules and Regulations, Chapters 11.08.010 Definitions and 11.08.110 Aviation Fueling Operations in the Livermore Municipal Code to update the definition of Fuel and include a provision requiring Fixed Base Operators (FBOs) to provide Unleaded Aviation Fuel.

The final step is codifying these changes into City Ordinance which is done over two actions. The first (this recommended action) to introduce the ordinance and the second, the final approval of the ordinance 30 days after the introduction.

FISCAL AND ADMINISTRATIVE IMPACTS

There are no fiscal impacts associated with codifying the ordinance, and administrative impacts are minimal.

COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
14: Update development standards, codes, and ordinances.

ATTACHMENTS

1. Redline Changes

2. Ordinance

Prepared by: Benedict Stuth
Acting Airport Manager

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
129

11. 08.010 Def initions.

Fo
r the purposes of this chapter, the following definitions shall apply:
“
Abandoned or unclaimed aircraft” means an aircraft that has not been utilized, flown or worked on for a period of 13 consecutive months when stored inside a hangar or on a tie-down, and/or has not been maintained in flyable condition. Abandoned or unclaimed aircraft are aircraft which do not appear to cause or constitute an imminent or immediate danger to the health or safety of persons using the airport. “
Accident” means a collision or other contact between any part of an aircraft, vehicle, person, stationary object and/or other thing which results in property damage, personal injury, or death; or an entry into or emergence from a moving aircraft or vehicle by a person which results in personal injury or death to such person or some other person or which results in property damage.
“
Aeronautical activity” means any activity that involves, makes possible, facilitates, is related to, assists in or is required for the operation of an aircraft or airport or which contributes to, or is required for, the safety of aircraft and/or airport operations.
“
Affiliate” means any company that controls, or is controlled by, or is under common control with another company.
“
Agreement,” “license” or “permit” means a written contract, executed by both parties and enforceable by law, between the City and an individual or entity granting a concession, transferring rights or interest in land and/or improvements, and/or otherwise authorizing and/or prohibiting the conduct of certain activities. Such agreement will recite the terms and conditions under which the activity will be conducted at the airport including, but not limited to, the term of the agreement, rents, fees, and charges to be paid by the individual or entity; and the rights and obligations of the respective parties. Examples include, but are not limited to, commercial aviation permits and hangar lease agreements.
“A
ir traffic control” means the service, control and authority established by FAA or contract tower personnel to promote the safe, orderly, and expeditious flow of air traffic. “A
ircraft” means any contrivance now known or hereafter invented which is used or designed for navigation of or flight in air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment. This includes, but is not limited to, airplanes, airships, balloons, dirigibles, rockets, ATTACHMENT 1
130
helicopters, gliders, gyrocopters, ground-effect machines, sailplanes, amphibians, ultralights, light sport and seaplanes.
“
Aircraft maintenance” means the repair, maintenance, alteration, preservation, or inspection of aircraft including the replacement of parts and shall be considered either major repairs or minor repairs. “Major repairs” include major alterations to the airframe, powerplant, and propeller as defined in 14 CFR Part 43. “Minor repairs” include normal, routine annual inspection with attendant maintenance, repair, calibration, or adjustment of aircraft and their accessories.
“A
ircraft operator” means a person who uses, causes to be used, or authorizes to be used an aircraft, with or without the right of legal control (as owner, lessee, or otherwise), for the purpose of air navigation including the piloting of aircraft, or on any part of the surface of the airport. “A
irframe and powerplant mechanic” (or “A and P mechanic”) means a person who holds an aircraft mechanic certificate with both the airframe and powerplant ratings. This certification is issued by the Federal Aviation Administration (“FAA”) under the provisions of 14 CFR Part 65. “
Airplane” means, more specifically, an engine-driven, fixed-wing aircraft heavier than air that is supported in flight by the dynamic reaction of the air against its wings. “A
irport” means the Livermore municipal airport, located in the City of Livermore, state of California. “Airport Commission” means those persons appointed to that position by the City Council. “Airport manager” means the person appointed to this job classification by the City, or the City’s authorized representative.
“A
irport operating area” or “AOA” means any area of the airport used or intended to be used for landing, taking off, or surface maneuvering of aircraft.
“
Aviation-related activity” means any activity conducted on airport property that provides service and support to airport users. The following are examples of aviation-related activities; they include but are not limited to ground transportation, restaurants, auto parking lots, concessions, etc. “
Based aircraft” means any aircraft assigned a reserved tie-down, shelter or hangar space for the majority of the calendar year, whether or not such assignment is made under a written lease with the City.

ATTACHMENT 1
131
“Commercial aviation permit” or “CAP” means the legal agreement between the airport and an individual or entity providing a commercial aeronautical activity which is consistent with the adopted minimum standards for commercial aeronautical activities and which grants permission to perform such activity on or from the airport property, whether directly or indirectly related to aviation activities or aeronautical activities, and with the intent to generate and/or secure earnings, income, compensation (including exchange or barter of goods and services), and/or profit, whether or not such objectives are accomplished. “
Derelict aircraft or vehicle” means any vehicle, aircraft or other property which causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the persons using the airport or a significant portion thereof. “
Essential services” means those services that owners and operators of non-turbojet powered aircraft less than 12,500 pounds maximum takeoff weight need to maintain airworthiness of such aircraft. At a minimum, these services shall include avionics, airframe and powerplant major repair and alteration performed by Federal Aviation Administration (FAA) certificated repair station(s). “
FAA” means the Federal Aviation Administration, which is the agency of the United States government that has the responsibility of promoting safety in the air.
“
Fixed base operator” or “FBO” means a person, partnership, corporation, unincorporated association, their assignees or sub-lessees which perform a commercial aeronautical activity upon the airport pursuant to an agreement between the City and the individual or entity. “
Fuel” means any substance (solid, liquid, or gaseous) used to operate any engine in aircraft, e.g., avgas (l
eaded), avgas (unleaded), jet fuel, ethanol-free premium auto fuel, diesel, and biofuel, and any other alternative Fuel (e.g. Mogas and hydrogen) that are authorized for use by the FAA or use in an aircraft engine, an aircraft engine/airframe combination, and rotor wing aircraft either through an ASTM designation or a Supplemental Type Certificate. The fuel must have an industry standard detailing specific requirements for the quality and safe use of the fuel (i.e. ASTM), where the fuel is also accompanied by risk mitigation protection with established product liability insurance coverage provided by the manufacturer or distributor. These fuels may also be used in vehicles or equipment, as appropriate and permitted. “Fuel handling” means the transportation, delivering, fueling, or drainage of fuel or fuel waste products. “H
angar” means a fully enclosed, lockable storage space for one or more aircraft, further defined by size and purpose as follows:

ATTACHMENT 1
132

1. Commercial hangar: These hangar units encompass no less than 10,000 square feet of floor and of
fice space and are generally intended to be occupied by one or more FBOs.

2. Corporate hangar: These square or rectangular hangars encompass more than 3,600 square feet and ar
e generally intended to house larger corporate or business-type single- and twin-engine aircraft.

3. Executive hangar: These square or rectangular hangars encompass at least 2,500 square feet of floor space and are generally intended to house corporate or business-type single- and twin-engine airplanes.

4. Rectangular hangar: These hangar units encompass at least 1,800 square feet of floor space and are gener
ally intended to accommodate large single- or twin-engine airplanes.

5. T-hangar: These hangar units are configured to accommodate an airplane’s “T” shape, encompass at least 900 square feet of floor space, and are generally intended to accommodate smaller single- and t
win-engine airplanes. The T-hangars located at the end of each hangar building contain an additional half of the square footage of a T-hangar unit, and are referred to as “T-combo” units. “
Hazardous materials” means any oil, petroleum products, flammable substances, explosives, radioactive materials, wastes, or substances or any other wastes, material or pollutants which pose a hazard to the health and safety of any person on or entering the airport property or which are classified as hazardous materials under applicable regulatory measures.
“
Lessee” or “tenant” means an individual or entity that has entered into an agreement with the airport to occupy, use, and/or develop land and/or improvements and engage in aeronautical activities. “
Long-term lease” means a ground lease with any initial term longer than five years. “
Medium-term lease” means a facility lease with any initial term longer than 30 days but no more than five years.
“M
inimum standards” means those guidelines, qualifications, standards, and criteria set forth as the minimum requirements to be met as a condition precedent to the right to engage in activities at the airport, adopted by the City Council by resolution and as may be amended from time to time. These are also referred to as the minimum standards for commercial aeronautical activities. “
Movement areas” are those portions of the AOA that are under the control and jurisdiction of FAA air traffic control, primarily taxiways and runways.

ATTACHMENT 1
133
“Operator” means an individual or entity that has entered into an agreement with the airport to engage in commercial aeronautical activities.
“
Person” means an individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity.
“
Preventive maintenance” means simple or minor preservation operations and the replacement of small standard parts not involving complex assembly operations. “
Regulatory measures” means federal, state, county, and city laws, codes, ordinances, policies, rules and regulations, all as may be in existence, hereafter enacted, and amended from time to time. “
Rules and regulations” means the provisions contained in this title and adopted by ordinance by the City Council and which pertain to the use and operations of the airport. “S
elf-fueling” means the fueling of an aircraft by the owner of the aircraft with his or her own employees and using his or her own equipment.
“
Special event” means a specific occasion so arranged or planned for a particular purpose that is in addition to or more than the permitted activities engaged in by an individual (including an operator, lessee or third parties) or entity at the airport pursuant to an agreement.
“
Specialized aviation service operator” (or “SASO”) means a commercial operator engaged in providing a single aeronautical service, or a combination of aeronautical services, including but not limited to aircraft maintenance, avionics or instrument maintenance, aircraft rental and/or flight training, aircraft charter or aircraft management, aircraft sales, and/or aircraft storage, as permitted. A SASO is not permitted to engage in aeronautical activities involving the sale of aviation fuel. “
SWPPP” means the current stormwater pollution and prevention program in place at the airport, as may be amended from time to time.
“T
ie-down” means the area, paved or unpaved, suitable for parking and mooring of aircraft wherein suitable tie- down points have been located.
“T
ransient aircraft” means any aircraft which utilizes the airport for occasional temporary purposes, generally no longer than seven days, and which is based at another airport and is not assigned a reserved tie-down or hangar at the airport.

ATTACHMENT 1
134
“Unmet essential services” means a condition that exists whenever aircraft owners and operators are not able to obtain essential services at the Livermore Airport. (Ord. 2149 § 1 (Exh. A), 2023; Ord. 2085 § 1(A), 2019; Ord. 2065 § 1(A), 2018; Ord. 1916 § 1(5), 2010; Ord. 1905 § 1, 2010)

11.08.110 Aviation fueling operations.

A. Fueling, defueling, and fuel storage activities on the airport shall conform to the current applicable provisions of CFR Title 14, and guidelines; all appropriate National Fire Protection Act guidelines; FAA Advisory Circular 150/5230-4 (including updates or amendments); applicable provisions of the airport’s SWPPP; and applicable p
rovisions of the Environmental Protection Agency and the California Environmental Protection Agency relating t
o these activities.

B. Except for self-fueling, fuels shall only be dispensed on the airport by those FBOs and self-fueling entities that have a written agreement with the City granting such permission, and shall comply with all orders, procedures and minimum standards for commercial aeronautical activities set forth by the City and adopted by resolution of the City Council.

C. A properly trained operator shall be present and responsive, remaining in direct view of all operating controls and equipment at all times while fuel delivery vehicles transfer fuel into or out of any fuel storage facility. The oper
ator shall not block open, disengage, and/or deactivate the “deadman” switch while fueling and/or transferring fuel.

D. No person shall fuel or defuel an aircraft until that person is properly trained. Records shall be kept by all f
ixed base operators documenting the training provided and qualifications of each person trained. Recurrent training shall be provided on a regularly scheduled basis, but not less than every year. All records shall be s
ubject to review of and/or inspection by the airport manager or fire marshal.

E. No aircraft shall be fueled with an engine running (hot-fueling) unless prior authorization has been obtained f
rom the airport manager and the fueling operator.

F. No aircraft shall be fueled or defueled unless the point of contact between the fuel transfer device (e.g., fuel nozzle) and the aircraft fuel tank is at least eight feet away from any hangar structure or enclosed space.

Aircraft fuel handling shall be conducted outdoors and at least 50 feet from any combustion and ventilation air- intake to any boiler, heater, or incinerator room or as approved by the fire marshal.

ATTACHMENT 1
135
G. Fueling hoses, funnels and apparatus shall be equipped with a bonding device to prevent ignition of volatile liquids. During any fueling process, the aircraft and the fueling apparatus shall both be bonded to equalize v
oltage potential.

H. Pouring or gravity transfer of fuel from containers is prohibited unless approved by airport manager.

I. No person shall smoke or use any material or equipment which is likely to cause a spark or ignition within 100 f
eet of any fueling or defueling operations or use any material or equipment which is likely to cause a spark or ignition.

J. All fuel handled on the airport shall be treated with due caution and circumspection with regard to the rights and safety of others so as not to endanger, or likely to endanger, persons or property.

K. Care shall be exercised to prevent spillage of fuel. The airport manager shall be notified any time spillage in ex
cess of five gallons occurs. Any fuel spilled during transfer shall be removed immediately. No engine of any aircraft shall be started when fuel is on the ground under such aircraft, except sump drain checks.

L. Each refueling vehicle shall have a minimum 15-gallon spill kit. Each fuel storage facility shall have a m
inimum 55-gallon spill kit.

M. Fuels not meeting motor vehicle fuels specifications, such as aviation gasoline, jet fuel and transmix, are pr
ohibited from being supplied, sold or transported for use in motor vehicles (Title 13 California Code of Regulations, Sections 2250 et seq.).

N. Any aircraft owner desiring to self-fuel shall apply for a self-fueling permit. Issuance of the permit to the ai
rcraft owner (permittee) is based upon conformance with the following standards:

1. Self-fueling shall be limited to those aircraft that are owned by the permittee with full and exclusive custody and control of the aircraft.

2. Fuel cooperative organizations, whereby there is joint ownership of a fuel tank and fuel, are not authorized.

3. Fueling services may only be provided by the permittee or a direct employee of the permittee utilizing the vehicles and equipment owned or leased by the permittee. If not utilizing their own employees and/or equipment permittees are only authorized to have their aircraft fueled, washed, or repaired by those oper
ators and lessees authorized to provide such service pursuant to an agreement with the City.

ATTACHMENT 1
136

4. Fueling shall only be conducted on paved apron areas leased or subleased by permittee. The paved areas shall be of a sufficient size to permit proper aircraft storage, service, access to the taxiway/runway system, and be adequate to satisfy the number of aircraft owned by the permittee.

5. Self-fueling activities shall comply with all applicable federal, state, and local laws, regulations, and codes. Self-fueling activities shall be subject to inspection and approval by the airport manager, fire m
arshal and other local government inspectors having jurisdiction. Permittee must have a fuel spill containment and fire emergency plan and procedures and shall provide such plan and procedures to the ai
rport manager for review and approval.

6. Permittee and all employees conducting fueling operations on permittee’s premises shall attend safety and training programs, which are subject to approval by the airport manager and fire marshal. Records of training, fuel dispensing equipment, and fuel storage equipment installation and maintenance shall be m
aintained for five years and provided to the airport manager upon request.

7. Permittee may maintain fuel storage tanks for Avgas and Jet A fuels and each type of fuel shall be maintained in separate aboveground storage tanks, compliant with safety ratings in the fire code, NFPA, and California Department of Health and Environmental Oil Inspection Regulation System. Storage tanks shall have a minimum capacity of 10,000 gallons each. Fuel storage tanks shall have separate filter- equipped dispensing pumps and meters for each grade of fuel. The permittee shall provide at least one
f
uel truck for each grade of fuel maintained by permittee with a minimum truck tank capacity of 1,500 gal
lons for Jet A and 750 gallons for Avgas.

8. Permittee shall enter into a lease agreement with the City for the tank storage to be located at a dedicated location determined by the airport manager. All fuel equipment and facilities shall be properly maintained and kept in a safe and clean condition.

9. The self-fueling permittee shall maintain liability insurance with coverage for products and completed operations with limits of not less than $25,000,000 per occurrence. Self-fueling permit holders must follow the current insurance schedule as required by City of Livermore risk manager’s office.

O. In the event of a declared disaster and the disruption of regular fuel deliveries to the airport, the City shall have the authority to appropriate any fuel stored on the airport for emergency operations. The owner of the fuel will be compensated at the market price on the day before the disaster declaration.

ATTACHMENT 1
137
P. Any entity permitted to dispense fuel on the airport, including self-fueling permit holders, shall pay a fuel flowage fee established by the airport rates and charges fee schedule, as revised from time to time and appr
oved by City Council resolution. Fueling activity reports shall be submitted to the airport manager monthly. (Ord. 2085 §§ 1(B), (C), (D), 2019; Ord. 2065 § 1(A), 2018; Ord. 1905 § 1, 2010) Q. A full service Fixed Base Operator (FBO) must minimally provide the following aviation Fuel as required by this Code and by Section 2:General Requirements and Standards and Part 3: Fixed Base Operator (FBO) / Full Service as described in the Livermore Municipal Airport Minimum Standards for Commercial Aeronautical Activities.

1. Jet A

2. A vgas (Leaded)

3. A vgas (Unleaded)

ATTACHMENT 1
138
ORDINANCE NO. _________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE AMENDING TITLE 11, CHAPTER 11.08, AIRPORT RULES AND REGULATIONS, CHAPTERS 11.08.010 DEFINITIONS AND 11.08.110 AVIATION

FUELING OPERATIONS IN THE LIVERMORE MUNICIPAL CODE TO REQUIRE

FIXED BASE OPERATORS TO PROVIDE CERTAIN AVIATION FUELS BY DECEMBER 12, 2025
The Livermore Aviation fueling operations establishes procedures for proper fueling provisions, activities, and guidelines, as well as types of fuels available at the Livermore Municipal Airport (Airport).

Fuel sales are done onsite by a Fixed Base Operator (FBO) and the City of Livermore (City) does not directly sell fuel at the Airport.

On October 23, 2023, the City Council directed staff to update the Airport's Minimum Standards for Commercial Aeronautical Activities (Minimum Standards) in response to community requests.

On November 6, 2023, the Airport Commission reviewed and recommended the Minimum Standards for City Council approval.

On December 11, 2023, City Council adopted a resolution amending the Minimum Standards to require the provision of Unleaded Aviation Fuel by the FBO.

The amended Minimum Standards now requires the FBO to offer unleaded aviation fuel by December 12, 2025.

With the updates to the Minimum Standards, it is now necessary to update the Livermore Municipal Code to require an FBO to make certain aviation fuels available by December 12, 2025.

Amending the Livermore Municipal Code reflects the significant actions the City is taking to assist in the mitigation of lead exposure from the Livermore Municipal Airport.

This is not a project as defined by the California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore, is not subject to environmental review.

The adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act under the common sense exemption set forth in CEQA Guidelines Section 15061(b)(3) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment, it is not subject to CEQA.
139
ORDINANCE NO. _________

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

Section 1. Purpose. This ordinance update expands the definition of fuel and adds the provision for unleaded aviation fuel by the FBO no later than December 12, 2025.

Section 2. Instruction for Publication. The amendments made by this ordinance are made as follows for transparency. Deletions are reflected in this ordinance using a strikethrough, and new language is underlined. However, language with a strikethrough, and the underlines, will not be codified. The codification will only reflect the final language.

Section 3. Amendment – Municipal Code. The Livermore Municipal Code is hereby amended as follows:

A. 11.08.010 Definitions “Fuel” is hereby amended so it reads as follows:
“Fuel” means any substance (solid, liquid, or gaseous) used to operate any engine in aircraft, e.g., avgas (leaded), avgas (unleaded), jet fuel, ethanol-free premium auto fuel, diesel, and biofuel, and any other alternative Fuel (e.g.

Mogas and hydrogen) that are authorized for use by the FAA or use in an aircraft engine, an aircraft engine/airframe combination, and rotor wing aircraft either through an ASTM designation or a Supplemental Type Certificate. The fuel must have an industry standard detailing specific requirements for the quality and safe use of the fuel (i.e. ASTM), where the fuel is also accompanied by risk mitigation protection with established product liability insurance coverage provided by the manufacturer or distributor. These fuels may also be used in vehicles or equipment, as appropriate and permitted.

B. Section Q is added to 11.08.110 Aviation Fueling Operations to read as follows:
(Q) A full service Fixed Base Operator (FBO) must minimally provide the following aviation fuel as required by this Code and Section 2: General Requirements and Standards and Part 3: Fixed Base Operator (FBO)/Full Service as described in the Livermore Municipal Airport Minimum Standards for Commercial Aeronautical Activities.

1. Jet A

2. Avgas (Leaded)

3. Avgas (Unleaded)

4. Optionally, or as requested, any alternative fuel (e.g. Mogas and hydrogen) as described in this Code in section 11.080.010, Deﬁnitions and as described in Part 1, De ﬁnitions of the Minimum Standards for Commercial Aeronautical Activity for Livermore Airport
Section 4. Environmental. The adoption of this ordinance is not a project as defined by the California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore, is not subject to environmental review. The adoption of the ordinance is also exempt from CEQA under the common sense exemption set forth in CEQA 140
ORDINANCE NO. _________
Guidelines Section 15061(b)(3) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment, it is not subject to CEQA.

Section 5. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

Section 6. Publication. This ordinance shall be published once in a newspaper of general circulation of the City of Livermore within fifteen days after its adoption.

Section 7. Effective date. This Ordinance shall take effect 30 days after its adoption.

The foregoing ordinance was introduced at the regular meeting of the City Council of the City of Livermore held on April 15, 2024, 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 , 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/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
Acting City Clerk Assistant City Attorney
141

CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

April 15, 2024
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Assistant City Manager
SUBJECT:

Resolution authorizing the following actions for Water Reclamation Plant (WRP) UV Treatment System Replacement Project 2021-28:
1 .

Authorize supplemental appropriations to FY 2024-25 and FY 2025-26; 2 .

Award contracts with Mountain Cascade, Inc. and Carollo Engineers, Inc., for construction management and inspections; and
3 .

Execute a first amendment to the agreement with Black & Veatch Corporation, for modified design scope and engineering services during construction.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the following actions for the Water Reclamation Plant (WRP) UV Treatment System Replacement, Project 2021-28:

1 .

A supplemental appropriation of $1,173,000 from Water Resources Replacement to FY 2025-26; 2 .

A supplemental appropriation of $391,000 from Sewer Connection Fees to FY 2025-26; 3 .

Supplemental appropriations of Water Replacement Funds in the amounts of $1,857,000 to FY 2024-25 and $874,000 to FY 2025-26;
4 .

Budget reductions of $1,314,000 from Sewer Replacement in FY 2023-24 and $627,000 in FY 2024-25;
5 .

Budget reductions of $455,000 from Sewer Connection Fees in FY 2023-24 and $236,000 in FY 2024-25;
6 .

Awarding and authorizing execution of an agreement with Mountain Cascade, Inc., in an amount not-to-exceed $5,852,500, for construction of the Project; 7 .

Executing an agreement with Carollo Engineers, Inc., in an amount not-to-exceed $489,526, for construction management and inspections;
8 .

Rejecting all other bids or proposals; and
10 .

SUMMARY
The City of Livermore’s (City) Water Reclamation Plant (WRP) ultraviolet (UV) disinfection system requires replacement to increase system reliability, reduce operation and maintenance costs, and meet regulatory compliance requirements. Construction activities include demolition, concrete, structural, electrical, and mechanical work on the UV influent piping, UV treatment channels, UV control building, and motor control center.

Six bids for the project were received on January 23, 2024. Staff recommends the City Council authorize a construction contract with Mountain Cascade Inc., the lowest responsible and responsive bidder. Staff also recommends the City Council authorize a Professional Services Agreement with Carollo Engineers, Inc. to provide construction management and inspection services. Staff further recommends the City Council authorize an amendment to an agreement with Black & Veatch Corporation to provide additional engineering support services during construction. Finally, staff recommends the City Council authorize supplemental appropriations from Sewer Replacement Fees Fund 239, Sewer Connection Fees Fund 241, and Water Replacement Fund 259 totaling $1,857,000 in FY 2024-25 and $2,438,000 in FY 2025- 26 to coincide with anticipated construction expenditures and to fully fund the project.

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

The 2012 WRP Master Plan and the 2016 WRP Recycled Water System Asset Management Plan identify the existing UV disinfection system as aging infrastructure within the WRP. The current system has become outdated and does not fully function as originally intended. This includes a failure of the automated lamp cleaning system, a limited supply of spare parts, and an outdated control system. This project will replace the existing UV lamp modules and associated electrical, instrumentation, and control components. Replacing aged equipment will increase the efficiency and reliability of WRP operations by utilizing the latest available technologies to lower both energy consumption and ongoing maintenance costs. Structural rehabilitation will extend the useful life of related structures. The new system is anticipated to be fully operational in 2026 with minimal impacts on existing operations.

Black & Veatch Corporation conducted the replacement design from September 2022 to November 2023. On January 23, 2024, six bids were received and opened for this project. The lowest responsible and responsive bidder was Mountain Cascade, Inc. from Livermore. Satisfactory references for Mountain Cascade were obtained from other municipalities in California where they have completed similar work.

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

WRP UV Treatment System Replacement Project 2021-28 - Bid Results Contractor
City
Bid Amount
143
Mountain Cascade, Inc.

Livermore
$5,852,500
GSE Construction Company, Inc.

Livermore
$6,087,300
Syblon Reid Construction
Folsom
$6,109,000
Anvil Builders, Inc.

Emeryville
$6,862,000
Shimmick Construction Company, Inc.

Suisun City
$6,960,000
C. Overaa & Co.

Richmond
$7,488,000
Engineer’s Estimate

$6,800,000

The three lowest bid results represent a significant savings from the previously estimated project construction cost. Based on feedback from the design consultant and prospective bidders, the approximately $900,000 in savings is attributed to the aggressive bidding climate associated with this project. The pre-bid conferences were well attended, and a number of inquiries were received during the bidding period expressing detailed interest in winning the project.

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

Additional engineering and professional services are required to manage and support construction of this project.

To supplement staffing shortages in the City’s Engineering Division, professional services are required to provide construction management and inspection services. Construction management services will include leading the weekly meetings, maintaining project documentation, coordinating construction activities, preparing weekly inspection reports, managing submittals, and assistance with change orders, project commissioning, and project close-out. Inspection services will include conducting inspections in the fields of electrical, instrumentation, coating, civil, structural, mechanical, and plumbing.

Staff has selected Carollo Engineers, Inc. to provide such services. The selection process was based on the consultant’s qualifications and satisfying performance on similar projects. Currently Carollo Engineers, Inc. is providing construction management and inspections for the $23 million Primary and Secondary Treatment System Improvements Project 2019-31. They have developed an effective understanding of WRP processes, procedures, and operational constraints. For the UV Treatment System Replacement Project, Carollo Engineers has provided a proposal for professional services to perform construction management and inspections in the amount of $489,526.

On September 20, 2022, the City and Black & Veatch Corporation entered into an agreement for Black & Veatch to provide engineering services to support the project. The agreement covers the design of the replacement of the UV treatment system, assisting with permitting, and providing engineering services during construction. Based on the final extent of the design and the anticipated construction duration, an amendment to the agreement is required to cover additional engineering services. The additional services will include activities such as providing conformed drawings to incorporate extra design components, participation in additional construction meetings, review of additional submittals and requests for information, and additional onsite field observations. Black & Veatch has provided a proposal for additional engineering services during construction in the amount of $142,685, which covers the scope mentioned above.

FISCAL AND ADMINISTRATIVE IMPACTS

The total expenditures to cover the design, construction contract, engineering services during construction, construction management, inspection, testing, project management, and potential change 144
orders for the WRP UV Treatment System Replacement Project is $8,576,000. Construction will start in May 2024 and be completed by June 2026. Based on this updated schedule, total expenditures are $552,099 in prior years, $703,000 in FY 2023-24, $4,883,000 in FY 2024-25, and $2,438,000 in FY 2025-26.

Funding for this project is included in the FY 2023-28 5-Year Capital Improvement Plan. The total current budget is $6,848,000 and includes funding from Fund 239 (Sewer Replacement Fees) and Fund 241 (Sewer Connection Fees). Since the beginning of 2023, when the budget was estimated in the Capital Improvement Plan, the total project cost estimate has increased by approximately 25% to $8,576,000.

Cost increases are due to items that needed to be added into the design prior to the project being bid such as UV building improvements, replacing a motor control center, and a customized UV control system. Additional cost increases include hiring a consultant firm for construction management and inspection versus using City staff. The City does not currently have enough inspectors to cover existing projects plus all of the new projects.

Staff has identified Fund 259 (Water Replacement Fund) as an appropriate funding source for this project. Over the last 20 years, the City has collected over $2,731,000 in South Livermore Recycled Water Fees from development in that area. These funds have been transferred to Fund 259 (originally Fund 604) and need to be used on recycled water projects. Expanding the current UV system capacity and increasing resilience will help offset potable use for the entire City. With the addition of Fund 259, the total estimated expenditures from Fund 239 and Fund 241 will be less than originally budgeted.

Attachment 2 shows current and proposed funding for this project. The project is currently funded through FY 2024-25. Due to an extended design period and longer procurement lead times, the construction period will be extended for one year into FY 2025-26. To proceed with this project, some of the current funding must be reduced for FYs 2023-25 and supplemental appropriations are required during FY 2025-26 to cover the entire project.

These budget adjustments include the following reductions and additions that total to a net increase of $1,663,000:

For Fund 239, reducing $1,314,000 from FY 2023-24 and $627,000 from FY 2024-25, and adding $1,173,000 to FY 2025-26. Net decrease of $768,000.

For Fund 241, reducing $455,000 from FY 2023-24 and $236,000 from FY 2024-25, and adding $391,000 to FY 2025-26. Net decrease of $300,000.

For Fund 259, adding $1,857,000 to FY 2024-25 and $874,000 to FY 2025-26. Net increase of $2,731,000.

Annual operations and maintenance costs for new equipment are estimated at $350,000 per year.

Operations and maintenance costs will be funded from the operating budget with Funds 239, 241, and 259. These O&M costs will be less than existing O&M costs due to energy savings and reduced maintenance.

COMMUNITY PILLAR

1: A Safe Community that Thrives

GOAL
145

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.

GUIDING DOCUMENTS

2012 WRP Master Plan
2016 WRP Recycled Water System Asset Management Plan

ATTACHMENTS

1. Project Location

2. Current and Proposed Funding

3. Resolution

4. Exhibit A - Agreement with Mountain Cascade, Inc.

5. Exhibit B - Agreement with Carollo Engineers, Inc.

6. Exhibit C - First Amendment to Agreement with Black & Veatch Corporation

Prepared by: Yanming Zhang
Water Resources Technical Programs
Manager

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
146

PROJECT LOCATION

VICINITY MAP SITE PLAN
ATTACHMENT 1
UV Treatment System
ATTACHMENT 1
147
Current and Proposed Funding
WRP UV Treatment System Replacement, Project No.2021-28

Current Funding
Prior Years
(FY 2022-23) FY2023-24 FY2024-25 FY2025-26 Total
(239) Sewer
Replacement
$363,000 $1,841,000 $2,896,000 $0 $5,100,000
(241) Sewer
Connection
Fees
$124,000 $631,000 $993,000 $0 $1,748,000
Total $487,000 $2,472,000 $3,889,000 $0 $6,848,000

Proposed Funding

Prior Years
(FY 2022-23
Actual)
FY2023-24 FY2024-25 FY2025-26 Total
(239) Sewer
Replacement
$416,761 $527,000 $2,269,000 $1,173,000 $4,385,761
(241) Sewer
Connection
Fees
$135,338 $176,000 $757,000 $391,000 $1,459,338
(259) Water
Replacement
$1,857,000 $874,000 $2,731,000
Total $552,099 $703,000 $4,883,000 $2,438,000 $8,576,099

Adjustments
Prior Years
(FY 2022-23) FY2023-24 FY2024-25 FY2025-26
(239) Sewer Replacement -$1,314,000 -$627,000 $1,173,000 (241) Sewer Connection
Fees
-$455,000 -$236,000 $391,000
(259) Water Replacement 1,857,000 $874,000
New Supplemental
Appropriations
$1,857,000 $2,438,000

ATTACHMENT 2
148
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE FOLLOWING ACTIONS FOR THE WATER RECLAMATION PLANT UV TREATMENT SYSTEM REPLACEMENT:

SUPPLEMENTAL APPROPRIATIONS IN THE AMOUNTS OF $1,857,000 TO FISCAL YEAR 2024-25 AND $2,438,000 TO FISCAL YEAR 2025-26; AWARDING AN AGREEMENT WITH MOUNTAIN CASCADE, INC. IN AN AMOUNT NOT-TO-EXCEED $5,852,500 FOR A TERM OF 485 WORKING DAYS; EXECUTION OF AN AGREEMENT WITH CAROLLO ENGINEERS, INC. IN AN AMOUNT NOT-TO- EXCEED $489,526, FOR CONSTRUCTION MANAGEMENT AND INSPECTIONS;

AND EXECUTION OF THE FIRST AMENDMENT TO THE AGREEMENT WITH

BLACK & VEATCH CORPORATION INCREASING THE AMOUNT OF THE AGREEMENT BY $142,685 TO A TOTAL AMOUNT NOT-TO-EXCEED $1,094,501,

FOR MODIFIED DESIGN SCOPE AND ENGINEERING SERVICES DURING

CONSTRUCTION
(WRP UV Treatment System Replacement Project 2021-28)
The City of Livermore (City) advertised and received bids for the Water Reclamation Plant (WRP) UV Treatment System Replacement Project 2021-28.

Mountain Cascade, Inc. submitted the lowest responsible and responsive bid in the amount of $5,852,500. Staff recommends the City Council accept the bid and award a contract to Mountain Cascade Inc. for the construction of the WRP UV Treatment System Replacement, Project No. 2021-28.

Additional engineering and professional services are required to manage and support construction of the WRP UV Treatment System Replacement Project 2021-28.

To supplement staffing shortages in the City’s Engineering Division, professional services are required to provide supplemental construction management and inspection services.

Staff recommends executing a professional services agreement with Carollo Engineers in an amount not-to-exceed $489,526 to perform construction management and inspections during replacement of the WRP UV treatment system.

A portion of the current funding must be reduced for Fiscal Years 2023-25 and an additional supplemental appropriation is required during Fiscal Year 2025-26 to align project funding with the amount and timing of anticipated construction expenditures. 149
RESOLUTION NO. ________
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the following actions for WRP UV Treatment System Replacement Project 2021-28:

1. A supplemental appropriation of $1,173,000 in Fund 239 (Water Resources Replacement) to Fiscal Year 2025-26;

2. A supplemental appropriation of $391,000 in Fund 241 (Sewer Connection Fees) to Fiscal Year 2025-26;

3. Supplemental appropriations in Fund 259 (Water Replacement Funds) of $1,857,000 to Fiscal Year 2024-25 and $874,000 to Fiscal Year 2025-26;

4. Budget reductions of $1,314,000 in Fund 239 to Fiscal Year 2023-24 and $627,000 to Fiscal Year 2024-25;

5. Budget reductions of $455,000 in Fund 241 in FY 2023-24 and $236,000 in FY 2024-25;

6. Awarding and executing an agreement with Mountain Cascade, Inc., attached hereto as Exhibit A, and incorporated by this reference in an amount not-to- exceed $5,852,500, for construction of the project;

7. Executing an agreement with Carollo Engineers, Inc., attached hereto as Exhibit B, and incorporated by this reference in an amount not-to-exceed $489,526, for construction management and inspections;

8. Executing a first amendment to the agreement with Black & Veatch Corporation, attached hereto as Exhibit C, and incorporated by this reference increasing the amount of the agreement by $142,685 to a total not-to-exceed amount of $1,094,501, for additional engineering services during construction;

9. Rejecting all other bids or proposals; and

10. 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 agreements.

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on April 15, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS
150
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
Acting City Clerk City Attorney
Exhibit A – Agreement with Mountain Cascade, Inc.

Exhibit B – Agreement with Carollo Engineers, Inc.

Exhibit C – First Amendment to Agreement with Black & Veatch Corporation 151

CONTRACT
This public works contract (“Contract”) is entered into by and between the City of Livermore, a California Municipal Corporation (“City”) and Mountain Cascade, Inc, a Californiacorporation(“Contractor”)for work on the WRP UV TreatmentSystem ReplacementProject No. 2021-28 (“Project”).

The Parties Agree as Follows:

1. Award of Contract.

In responseto the NoticeInvitingBids, Contractorhas submitteda Bid Proposalto perform work on the Project, and on _,20____,as part of ResolutionNo. , _I, City authorizedaward of this Contractto Contractorfor the amountof Contractor'sbid.

2. Contract Documents.

This Contractconsistsof all of the writtenrepresentationsand submissionsmadeby Contractor as part of the Bid process and the following numbered and un-numbered componentdocuments,as detailedon the table of contentsof this Agreement:
a. Bidding requirements(consistingof the Notice Inviting Bids; Instructionsto Bidders; Bid Proposal; Bid Schedule, Subcontractor List, Noncollusion Declaration, Bid Bond, Bidder’s Questionnaire, Payment Bond, Performance Bond,Warranty Bond);
b. GeneralConditions;
c. Special Conditions;
d. DivisionOneTechnicalSpecifications;
e. Appendix;
f. Indexof DefinedTerms;
g. Project Drawingsand Specifications;
h. Bid Addenda, if any;
i. Change Orders, if any;
j. ALB Notice;
k. Noticeto Proceed;
I. CityStandardSpeciﬁcationsandDetails;
LivermoreContractDocuments,page26
Contract

EXHIBIT A
152
m. Andthefollowing:Nootherdocuments

3. Contractor’s Obligations.

Contractoragreesto performall of the Workrequiredforthe Project,as speciﬁedinthe Contract Documents.Contractor must provide, furnish, and supply all things necessary and incidentalfor the timely performanceand completionof the Work, includingall necessary labor, materials, equipment, transportation, and utilities, unless otherwise specifiedintheContractDocuments.Contractormustuseitsbesteffortsto completethe Workin a professionalandexpeditiousmannerandto meetor exceedthe performance standardsrequiredbytheContractDocuments.

4. Payment.

As full and complete compensationfor Contractor’stimely performanceand completion oftheWorkinstrictaccordancewiththetermsandconditionsoftheContractDocuments, City will pay Contractor Five Million, Eight Hundred Fifty-TwoThousand, Five Hundred Dollars ($5,852,500)(the “Contract Price”), in accordancewith the payment provisions in the General Conditions.

5. Time for Completion.

5.1. Substantial Completion
ContractormustachieveSubstantialCompletion,as thattermis deﬁnedin the General Conditions,of the ProjectWorkwithin485WorkingDaysfromthe commencementdate stated in the Noticeto Proceed.(“Substantial Completion Deadline.”). For this project, theContractorshallalsoincorporate45anticipatedinclementWeatherDaysintotheirbid estimate.Contractorshallbesolelyresponsiblefortheextendedoverheadandprofitfor theseweatherdaysand shall not be compensatedby the City in any way, reference Section10.3ofthe GeneralConditionsandSection013200-4.3ContractSchedulesfor additionalweather day information.

5.2. Final Completion
Contractor must achieve Final Completion, as that term is defined in the General Conditions,of the ProjectWork within 35 WorkingDaysafter the date of substantial completion. (“Final Completion Deadline”)

5.3. Early Completion.

Bysigningbelow,Contractorexpresslywaivesanyclaimfordelayedearlycompletion.

6. Liquidated Damages.

If Contractor fails to meet either the Substantial Completion Deadline or the Final Completion Deadline,City may assess liquidated damages according the provisions in LivermoreContractDocuments,page27
Contract

EXHIBIT A
153
theGeneralConditionsoftheContractDocumentsinthefollowingamountsforeachday of UnexcusedDelay,andtheContractPriceshallbe reducedaccordingly.

6.1. Substantial Completion Deadline: TWO THOUSANDdollars ($2,000)per day.

6.2. Final Completion Deadline: TWO THOUSANDdollars ($2,000) per day.

7. Labor Code Compliance.

This Contract is subjectto all applicablerequirementsof Chapter 1 of Part 7 of Division2 of the CaliforniaLaborCode,includingrequirementspertainingto wages,workinghours and workers’ compensationinsurance.

7.1. PrevailingWages.

This Project is subject to the prevailing wage requirementsapplicable to the locality in whichtheWorkisto be performedfor eachcraft,classificationortypeofworkerneeded to performthe Work, includingemployerpaymentsfor healthand welfare,pension, vacation, apprenticeship and similar purposes. The general prevailing wage rates for each craft, classification or type of covered work are available online at http://www.dir.ca.gov/DLSR.

7.2. DIR Registration.

City will not accept a Bid Proposalfrom or enter into the Contract with a bidder without proofthatthebidderanditsSubcontractorsareregisteredwiththeCaliforniaDepartment of IndustrialRelationsto performpublicworkunderLaborCode,Section1725.5,subject to limited legal exceptionsallowedby the Labor Code.

8. Workers’ Compensation Certification.

UnderLabor Code,Section 1861,by signingthis Contract,Contractorcertifiesas follows:
“I am aware of the provisionsof Labor Code, Section3700which requireevery employer to be insuredagainst liabilityfor workers’ compensationor to undertakeself-insurancein accordancewith the provisionsof that code,and I will complywith such provisionsbefore commencingthe performanceof the Work on this Contract.” The successfulbidderpreviousto the enteringof the contractto do the saidworkshall take out and maintainin full forceandeffectworker'scompensationinsurancewith an insurancecarrierauthorizedto transactbusinessin the Stateof California,coveringthe bidder‘sfullliabilityforcompensationto anypersonsemployedwhomaybeinjuredinthe carryingout of said contractor the dependentsthereof.Evidenceof such worker's compensation insurance shall be furnished to the City of Livermore by certificate and waiver of subrogationin the City’selectronic insurancecertificatetracking system (PINS) priorto thecommencementoftheworkandsaidcertificateshallcontaina provisionthat the coveragethereunderwill not be canceleduntilat leastthirty(30)dayspriorwritten notice has been given to the City.

LivermoreContractDocuments,page28
Contract

EXHIBIT A
154

9. Notice.

Any notice,billing,or paymentrequiredby the ContractDocumentsmustbe madein writing,andsentto the otherpartyby personaldelivery,U.S.Mail,a reliableovernight deliveryservice,facsimile,or byemailas a PDF(or comparable)ﬁle. Noticeis deemed effectiveupondeliveryunlessotherwisespeciﬁed.Noticefor eachpartymustbe given as follows:
_ City j _ _ Contractor _ _
Name i City Of Livermore _ _ _ Mountain Cascade _
Address , 1052 South LivermoreAven_ue P.O. Box 5050
gCity/state/zipgLivermore,CA94550_ Livenrrore,CA94551
Phone ,'925-960-4500 __925-373-8370 _
Fax 925-960-4505 _ 925-373-O179
Attention City Engineer g g _R0.Q§rWilIiamson
Email ,[email protected]_ov_ rogerw@mountaincascadecom_ COPYI0 1-'1I1ﬂ"9@l-iY§.!mQ_f§§A:[email protected],e.com_

10. GeneralProvisions.

Thefollowingitemsarerepeatedhereasstatedaspartof Part2, GeneralConditions,for emphasis:

10.1. Assignment and Successors.

ContractormaynotassignitsrightsorobligationsunderthisContract,in partor inwhole, without City’s written consent. This Contract is binding on Contractor’ssuccessors and permittedassigns.A consolidationor mergerof Contractoror a changein ownershipof 25% or more of Contractor’s capital stock constitutes an assignment by Contractor requiringthe City’swritten consent.

10.2. Third Party Beneficiaries.

There are no intended third party beneficiaries to this Contract except as expressly providedin the GeneralConditionsor Special Conditions.

10.3. Governing Law and Venue.

ThisContractwill be governedby Californialawandvenuewill be in the SuperiorCourt of the County in which the Projectis located,and no other place.

10.4. Amendment.

NoamendmentormodiﬁcationofthisContractwill bebindingunlessit is inawritingduly authorizedandsignedbythepartiesto this Contract.

10.5. Integration;Severability.

LivermoreContractDocuments,page29
Contract

EXHIBIT A
155
This Contractand the ContractDocumentsincorporatedherein,includingauthorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. If any provision of the Contract Documents,orportionofa provision,isdeterminedto beillegal,invalid,or unenforceable, the remainingprovisionsof theContractDocumentswill remaininfullforceandeffect.

11. Authorization.

Each individualsigning below warrantsthat he or she is authorizedto do so by the party that he or she represents,and that this Contractis legallybindingon that party. If Contractoris a corporation,signaturesfromtwo officersof the corporationare required under CaliforniaCorporationCode, Section313.

Thepartiesagreeto thisContractaswitnessedbythesignaturesbelow:

CITY CONTRACTOR
City of Livermore,a California
MunicipalCorporation Mounta%ascacle, Inc.
sl _ sl “ _ W
MariannaMarysheva,CityManager Name/Title[print]MieheelDukeFuller President
Date: Date: ,1'25‘24 -
Approved as to form: klName/Title[print]David Hicks, Corp Secretary City of LivermoreCityAttorney 5 Date: 1-25-24
422496
Contractor’sCalif. License Number(s)
Seal:
5-31-24
ExpirationDate(s)

END OF DOCUMENT
LivermoreContractDocuments,page30
Contract

EXHIBIT A
156
Professional Services Agreement Page 1
Rev. 09/19/23

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 20 , by and between the City of Livermore (“City”), a municipal corporation, and Carollo Engineers, Inc. (“Consultant”), a Delaware corporation licensed and registered to do business in California.

RE
CITALS
C
ity requires professional services to provide construction management and inspection services to support the City's Water Reclamation Plant UV Treatment System Replacement Project No.2021-28.

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

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

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

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

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

Pr
ovide construction management and inspection services to support the City's Water Reclamation Plant UV Treatment System Replacement Project No.2021-28.

4. Consultant’s Responsibilities. Consultant shall:
(
a) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;
(b) P
rovide the resources necessary to complete the Services in a timely manner;
DocuSign Envelope ID: 68D5F703-FBC5-4F70-BFA5-516299C4946C

EXHIBIT B
157
Professional Services Agreement Page 2
Rev. 09/19/23
(c) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
(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 Yanming Zhang, Water Resources Technical Programs Manager (“Project Manager”), or such other person designated as the Project Manager by City;
(g) B
e 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) O
nly invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested. Consultant shall not submit an invoice to City more frequently than once a 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) Pr
epare 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) C
onsultant 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 DocuSign Envelope ID: 68D5F703-FBC5-4F70-BFA5-516299C4946C

EXHIBIT B
158
Professional Services Agreement Page 3
Rev. 09/19/23
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) T
he total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $ 489,526 ( "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 April 16, 2024, and terminates upon the completion of the Services or December 31, 2026, whichever occurs first.

7. Termination by City. City may terminate any portion or all of the Services by giving Consultant at least 30 calendar-d ays written notice. Upon receipt of a termination notice, Consultant shall immediately stop all wor k in progress on the Services except where necessary to preserve the benefit of the work, and then assemble the work on the Services for de livery to City on the termination date. All c ompensation 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 copy right and all intellectual property r ights to all items dev eloped, 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 Cons ultant obtains a license to such items for the benefit of City. All licenses must be per petual, 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.

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Professional Services Agreement Page 4
Rev. 09/19/23

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

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

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

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

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

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

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

14. Acceptance of Work. City’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy , DocuSign Envelope ID: 68D5F703-FBC5-4F70-BFA5-516299C4946C

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Professional Services Agreement Page 5
Rev. 09/19/23
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 S ervices involve making, or participation in making, decisions which may have a material effect on the Consultants’ financial interest. While it is Consultant’s sole responsibility to evaluate its conflicts of interest, the Consultant nevertheless agrees to prepare and file an economic disclosure statement if requested by City.

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

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

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

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

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

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

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Professional Services Agreement Page 6
Rev. 09/19/23

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: Joel Waxdeck
City of Livermore
1052 S Livermore Avenue
Livermore, California 94550

TO CONSULTANT: Attention: Rick Chan
Carollo Engineers, Inc.
2795 Mitchel Drive
Walnut Creek, CA 94598

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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Professional Services Agreement Page 7
Rev. 09/19/23

In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed t his Agreement, effective on the date first written above.

CONSULTANT: Dated:

____________________________ ___________________________ Rick Chan
Senior Vice President
Dated:

____________________________ ___________________________ Sam Hawkins
Associate Vice President

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ Marianna Marysheva
City Manager

APPROVED AS TO FORM:

___________________________
Deputy/Assistant/City Attorney

APPROVED AS TO INSURANCE:

_______________________
Risk Manager/Analyst

Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements

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3/25/2024 | 11:00 AM PDT

EXHIBIT B
163
1 CITY OF LIVERMORE

WRP UV TREATMENT SYSTEM REPLACEMENT
CITY PROJECT 2021-28

CONSTRUCTION MANAGEMENT SERVICES

SCOPE OF SERVICES
(February 9, 2024)
Task 1 – Construction Management and Inspections
Task 1.1 – Construction Management. Consultant will provide one part‐time construction manager (CM) for an average of 16 hours per week, over the 26‐month construction period (1,792 hours in total). During the construction period, the CM will be supported by the Consultant’s Principal-in-Charge (1 hour per month) and CM advisor (2 hours per month) to oversee construction management activities of this project and perform the following tasks:

1. Conduct Construction Meetings. Consultant’s CM will schedule, coordinate, attend, and conduct all construction meetings with the Contractor. These will include: pre‐ construction meeting, weekly construction meetings, MOP meetings, SCADA programming meetings, and substantial completion meetings. Consultant’s CM will prepare a meeting agenda, list of key discussion topics, and meeting minutes for each meeting.

2. Manage Field Inspection Personnel. Consultant’s CM will coordinate with and manage the activities of the Consultant’s electrical inspector (Task 1.2) and the other discipline inspectors (Task 1.3) throughout the construction period.

3. Manage and Coordinate Material Testing. Consultant’s CM will manage and coordinate the required material testing needs (concrete and coating testing) of this project (Task 1.3).

4. Documentation of Existing Site Conditions. Consultant’s CM will prepare a video and photographic records of initial site conditions before the Contractor begins construction. The video documentation will be accompanied by a verbal description of existing conditions. A copy of the video and photographic documentation will be provided to the City.

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2 5. Manage RFIs. Consultant’s CM will coordinate and manage the RFI process, including creating an electronic log of all RFIs submitted by the Contractor, to track incoming RFIs and outgoing RFI responses.

6. Manage Shop Drawing Submittals. Consultant’s CM will coordinate and manage the shop drawing submittal process, including creating an electronic log of all submittals and resubmittals provided by the Contractor, to track incoming submittals and resubmittals and outgoing submittals and resubmittals responses.

7. Prepare Field Memos and Clarifications. Consultant’s CM will coordinate and manage preparation of field memos and clarifications of drawings and specifications, including creating an electronic log of these documents to allow tracking of their status and outcome.

8. Review Monthly Progress Payment Requests. Consultant’s CM will evaluate the Contractor’s monthly progress payment requests and recommend payment by the City if requirements are met. Consultant’s CM will compare requested quantities to the actual quantities completed and negotiate the appropriate progress payment request with the Contractor.

9. Review Construction Schedule. Consultant’s CM or its schedule reviewer will review and approve the Contractor’s construction schedule, including updates and revisions, in accordance with the Contract Documents. Consultant’s review will focus on key elements such as logic, duration of activities, duration of startup and testing, and construction sequencing constraints and milestones.

10. Review Change Order Requests. Consultant’s CM will review change order requests to determine potential changes in scope and field conditions. Consultant will prepare independent cost estimates and Consultant’s CM will negotiate on behalf of the City with the Contractor. Consultant’s CM will prepare and process approved change orders and incorporate them into the contract. Consultant’s CM will prepare an electronic log for tracking all potential change orders and agreed‐upon change orders.

11. Monitor Contractor’s Compliance with Contract Documents. Consultant’s CM will review and monitor the Contractor’s work against the Contract Documents to ensure compliance. Consultant’s CM will report non‐conformances and deficiencies DocuSign Envelope ID: 68D5F703-FBC5-4F70-BFA5-516299C4946C

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3 to the City and the Contractor, and will work with the Contractor to correct these deficiencies in a timely manner. Consultant’s CM will also bring up contracting substitution issues between the Contractor and its subcontractor(s) to the immediate attention of City staff for discussion and direction on how to handle.

12. Monitor and Review Record Drawings. Consultant’s CM will monitor and coordinate the Contractor’s recording and maintenance of field changes to plans and specifications during construction on a monthly basis, or more frequently as required.

At the 50‐, 75‐, and 90‐percent project construction completion levels, Consultant’s CM will perform a review of the Contractor’s working record drawings for general completeness and advise Contractor of status. Consultant’s CM will approve progress payments beyond 90‐percent completion contingent upon the acceptability of the working record drawings.

13. Oversee Startup and Testing. Consultant’s CM will oversee facilities acceptance testing and startup in cooperation with the Contractor and WRP staff. Startup and testing will include assistance with comprehensive testing of functional equipment, subsystems, and the entire UV treatment and support processes.

14. Conduct Final Inspection. Consultant’s CM will schedule and conduct a final inspection of the completed facilities and issue punch lists of uncompleted items where necessary. Consultant’s CM will also assist the City in negotiation of unsettled changes or disputes associated with these inspections. When the final punch list items have been completed or resolved, Consultant’s CM will recommend acceptance by the City.

15. File Document Management System. Consultant will provide Autodesk Construction Cloud (ACC) for use by the CM, Contractor, and the City to manage construction documents and files on this project. An allowance of up to the task budget is included for the use of ACC for the 26-month construction period.

Task 1.2 – Electrical Inspection. Consultant will provide an allowance for one part‐time electrical inspector for the equivalent of a 20-day (160 hours in total) period to assist the Consultant’s CM with inspection of electrical and instrumentation components of the project.

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4 Task 1.3 – Other Specialty Inspection and Material Testing. Consultant will provide an allowance up to the task budget for specialty inspection services and material testing (concrete and coating) for the following disciplines: civil, structural, mechanical, plumbing, and coatings.

Assumptions
The following key project assumptions were used in preparing this Scope of Services:
• Construction duration will be 26 months. An extension of construction duration may impact the Consultant’s scope and budget estimate for the project. • City will provide dedicated temporary offices for Consultant’s CM and electrical inspector to reside in when they are on site at the WRP. Contractor will provide two dedicated high-end, business-class Windows-based desktop computers equipped with the latest version of Microsoft Office and Primavera P6 scheduling software, high- volume business-class laser printer, and high-speed internet service. • Participation in any meetings or hearings concerning subcontractor disputes is not included in this Scope of Services.
• Claims management and resolution services are not included in this Scope of Services.

These services can be provided by the Consultant as an amendment should the need arise.
• Consultant will provide services up to the limit of each subtask budget.

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Chan Hawkins Allen
PIC CM Advisor CM EI Total Labor ODC Total
Task Description $315 $245 $215 $185 Hours Cost BSK Autodesk (4) Total Cost (5)

1.0 Construction Management and Inspections

1.1 Construction Management (1) 26 52 1,792 0 1,870 $414,334 $0 $12,000 $12,000 $426,334

1.2 Electrical Inspection (2) 0 0 0 160 160 $30,192 $0 $0 $0 $30,192

1.3 Other Speciality Inspection and Material Testing (3) 0 0 0 0 0 $0 $33,000 $0 $33,000 $33,000 Task 1.0 Totals = 26 52 1,792 160 2,030 $444,526 $33,000 $12,000 $45,000 $489,526 Notes:
(1) Includes 1 hour per month for PIC, 2 hours per month for CM Advisor, and 16 hours on average per week for CM over a 26-month construction period. (2) Includes an allowance of 160 hours for an electrical inspector to support this project. (3) Includes an allowance of $33,000 for BSK (including 10% subconsultant markup) to perform as-requested material testing and specialty inspection for for civil, structural, mechanical, plumbing, and coatings. (4) Includes an allowance of $12,000 for Autodesk (including 10% subconsultant markup) to provide their Autodesk Construction Cloud document file management system for use on this project during the 26-month construction period. (5) Includes an annual labor escalation rate of 4% where applicable at the start of the next calendar year.

Legend:

Subconsultant:

PIC Principal-in-Charge BSK - Material Testing and Specialty Inspection CM Construction Manager Autodesk - Autodfesk Construction Cloud EI Electrical Inspector
Other Direct Costs (ODC)
Subconsultant

LABOR AND FEE ESTIMATE

CITY OF LIVERMORE

WRP UV TREATMENT SYSTEM REPLACEMENT
CITY PROJECT 2021-28

CONSTRUCTION MANAGEMENT SERVICES
2/9/2024
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Revised 3/10/23 B16 – 2M E&O

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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:
$1,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

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

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

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

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

1. The City of Livermore, its officers, officials, employees, and designated DocuSign Envelope ID: 68D5F703-FBC5-4F70-BFA5-516299C4946C

EXHIBIT B
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Revised 3/10/23 B16 – 2M E&O

Page 2 ends

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

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

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

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

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

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

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

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

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Amendment – Engineering Services Page 1
Rev. 01/05/2024

FIRST AMENDMENT TO

ENGINEERING SERVICES AGREEMENT

THIS FIRST AMENDMENT, is made and entered into this ____ day of ________, 20 , by and between the City of Livermore, a municipal corporation (“City”), and Black & Veatch Corporation, a Delaware corporation licensed and registered to do business in California (“Consultant”).

RECITALS

On September 20, 2022, City and Consultant entered into an agreement for Consultant to provide engineering design and construction support services for the Water Reclamation Plant Ultraviolet Disinfection System Replacement Project for City (“Original Agreement”). Section 20 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

City and Consultant desire to amend the Original Agreement to cover the effort associated with the additional scope items identified during the design development and additional effort envisioned for the construction phase services, and extend the term from December 31, 2025 to December 31, 202 6. This is the first amendment to the Original Agreement.

AGREEMENT

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

1. The Original Agreement is amended as follows:

A. Section 3 of the Original Agreement is amended to read as follows:

Description of Services . Consultant shall provide engineering services t o provide engineering design and construction support in conjunction with the Water Reclamation Plant Ultraviolet Disinfection System Replacement Project No. 2021- 28, as more particularly set forth in Exhibit “A” to the Original Agreement, and Exhibit “A-1” to the First Amendment (collectively “the Services”).

B. Section 6(a) of the Original Agreement is amended to read as follows:

Compensation and Payment . The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $ 1,094,501 (“not-to-exceed amount”).

1. The compensation payable by the City to Consultant for the services required by Exhibit “A” of the Original Agreement SHALL NOT EXCEED the sum of $951,816.

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Amendment – Engineering Services Page 2
Rev. 01/05/2024

2. The compensation payable by the City to Consultant for the services required by Exhibit “A -1” to the First Amendment SHALL NOT EXCEED the sum of $142,685.

City shall compensate Consultant for the Services rendered at the hourly rates or task amounts set forth in Exhibit “A” to the Original Agreement, and Exhibit “A-1” to the First Amendment up to the not-to-exceed amount.

Except as provided in the body of this Agreement, the hourly rates or task amounts are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, travel expenses, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.

C. Section 7 of the Original Agreement is amended to read as follows:

Term. The term of this Agreement commences on the Effective Date and terminates upon the depletion of funds or December 31, 2026, whichever occurs first.

2. These amendments are prospective and only apply to the S ervices rendered by Consultant after the execution of this Amendment. Unless otherwise stated herein, this Amendment does not relieve the parties of the terms and conditions of the Original Agreement as written and in effect at the time the Services were rendered.

3. Except as amended above, the Original Agreement remains in full force and effect.

[SIGNATURES ON FOLLOWING PAGE]
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Amendment – Engineering Services Page 2
Rev. 01/05/2024
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.

CO
NSULTANT: Dated:
___
_________________________ ___________________________
By: Craig Lichty, P.E.

Title: Vice President
C
ITY OF LIVERMORE: Dated:
___
_________________________ ____________________________
Marianna Marysheva
City Manager
APPR
OVED AS TO FORM:
___
________________________
Assistant/City Attorney
APPR
OVED AS TO INSURANCE:

Risk Manager/Analyst
A
ttachment:

Exhibit A-1 Scope of Work
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EXHIBIT C
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1 Black & Veatch Corporation
10995 Gold Center Dr., Suite 100,
Rancho Cordova, CA, 95670
P +1 916-858-2423 | E [email protected]

February 9, 2024

Mr. Yanming Zhang, Technical Programs Manager
City of Livermore WRP
101 Jack London Blvd.

Livermore, CA 94551

RE: Budget Amendment Request for the Title 22 UV System Replacement Project Dear Yanming:

I hope this letter finds you well. I am writing to request a budget amendment for the City of Livermore WRP Title 22 UV System Replacement Project (Project). The amendment request covers the effort associated with the additional scope items identified during the design development and also additional effort envisioned for the construction phase services.

The following provides a list of additional scope items to align with the amendment request:
• Task 1 – Project Management – No change
• Task 2 – 30% design:
o The following additional activities were performed
 Incorporating two additional equipment pads for UV Control Equipment  The WRP guidelines were reviewed, and instrument tagging was assigned consistent with the guidelines. In further discussions with the City, the instrument tagging was further modified to accommodate deviations as directed by the City to the WRP guidelines.
• Task 3 – 60% design:
o City requested adding a new washdown sink. The design incorporated the new sink including the associated Plumbing, Structural and Mechanical design. o The new location of the existing eyewash required a new concrete pad extension to the existing slab. This required additional structural effort. o At City’s direction, the fiber optic cable design was changed from the WRP guideline requirements which resulted in revising the specifications and drawings.

• Task 4 – 90% design:
o City directed BV to upsize the rating of the new MCC-G to 800 amp. BV advised the City that this would not allow to reuse the existing conduits. As part of that evaluation the following activities were performed:
 Evaluation of the size of the feeder and circuit breaker at the switchgear B if MCC-G was to be upsized to 800A modbus.
 Evaluation of the amperage availability for future EV loading.

Exhibit A-1 - Scope of Work
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2 Black & Veatch Corporation
10995 Gold Center Dr., Suite 100,
Rancho Cordova, CA, 95670
P +1 916-858-2423 | E [email protected]

 Evaluation of whether existing conduit can accommodate new cables suitable for 800A MCC-G
 Evaluation of whether timer control can be added to ensure EV chargers and water heater are not being used at the same time
 Multiple discussions and coordination meetings with City o Addition of instantaneous water heater for relocated eyewash as required by the code.
o Control Room interior lighting improvements were requested by the City o Detailed conduit routing and labeling within the UV Facility were requested by the City.
o City requested addition of a new fiber optic cable from PLC-8 to PLC-4. The additional effort included network drawing updates, fiber panels, and specification updates.
• Task 5 –100% design:
o BV developed a detailed sequencing plan for City’s review and comments based on the operational and construction constraints provided by the City. This plan was significantly changed based on the additional detailed feedback received from the City.
o An additional 100% design submittal was prepared for City review and final comments which was not budgeted in the original scope.

• Task 6 – Title 22 ER and Regional Board Coordination – No change • Task 7 – Bid Phase Services – No change
• Task 8 – Construction Phase Services:
o Based on the complexity of construction sequence within an operating facility, City and BV have agreed to increase the contract amount for construction phases services to prepare for potential design changes, RFIs and submittal reviews.

• Task 9 – testing, Startup, and Commissioning – No change The Optional Tasks as indicated in the table on the following page will be removed from the contract.

A total of $142,685 is requested for these additional design phase and construction phase services. The table below presents the details of the additional effort.

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EXHIBIT C
175

3 Black & Veatch Corporation
10995 Gold Center Dr., Suite 100,
Rancho Cordova, CA, 95670
P +1 916-858-2423 | E [email protected]

Task
Number Task Original
Fee ($) Billed ($) Fee
Increase ($)
New Fee
($)
Remaining
work ($)
1 Project Management 79,413 33,384.00 - 79,413
2 30% Design 110,091 121,389.25 11,909 122,000
3 60% Design 178,778 190,951.00 12,222 191,000
4 90% Design 210,660 339,435.23 129,340 340,000
5 100% Design 69,795 85,745.75 21,205 91,000
6 Title 22 Engineering Report and
Regional Board Coordination 24,406 10,672.00 - 24,406
7 Bid Phase Services 30,990 3,427.50 - 30,990
8 Construction Phase Services 155,561 - 29,439 185, 000 9 Testing, Startup, and
Commissioning 30,692 559.50 - 30,692
Optional Task (Bridge Crane
Modifications) 31,530 - (31,530) 0
Optional Task (CFD Modeling) 29,900 - (29,900) 0
Total - Base Scope + Optional Task 951,816 785,564.23 142,685 1,094,501 308,936.77

We appreciate your consideration of our proposed amendment request and look forward to supporting the City on the construction phase of this important project. Please let us know if you have any questions or need additional information.

Very truly yours,

Ashu Shirolkar, P.E.

Client Director
Black & Veatch Corporation

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176

CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

April 15, 2024
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Assistant City Manager
SUBJECT:

Resolution authorizing the execution of an agreement with Rincon Consultants, Inc. to provide planning consultant and project management services in an amount not-to- exceed $600,000 over a three-year term ending on April 16, 2027.

RECOMMENDED ACTION

SUMMARY
The Planning Division is currently managing several large-scale, multi-year programs including the General Plan Update and Development Code Update, as well as a range of development entitlements, environmental analyses, citywide programs, and support roles for other divisions and the Capital Improvement Plan. The number of complex private development applications has increased, and the Planning Division expects that trend to continue.

The agreement with Rincon Consultants Inc. (Consultant), will allow the City to supplement staffing resources for a period of three years with a not-to-exceed contract amount of $600,000. The contract will be a part of the Fiscal Year 2023-24, 2024-25, 2025-26, and 2026-27 budgets.

Supplementing staffing resources in the Planning Division for this three-year period will facilitate progress on the City's high-profile programs and complex projects and enable the Planning Division to continue providing high-quality customer service and meet required timelines for processing of private development applications and public infrastructure and park projects.

DISCUSSION
The Planning Division processes development applications, manages short-and long-term programs and projects, responds to public inquiries, monitors project development progress and conformance with conditions of approval, prepares Development Code updates, responds to changes in State legislation, 177
and reviews environmental documents, among many other responsibilities. Consultant services are needed for a variety of planning and environmental services. Rincon Consultants was selected by the City for this agreement based on their quality performance on previous agreements with similar scopes of work.

The proposed Consultant will provide contract planning services to supplement and support planning staff with the large volume of project submittals the City continues to receive. Specifically, the Consultant will provide services such as:
project application completeness review;
coordinating of environmental document preparation;
ensuring consistency with specific plans and/or the General Plan; ensuring consistency with the Development Code;
preparing draft staff reports, draft findings, draft resolutions, and draft conditions of approval; coordination with the City Attorney or other departments as needed; and reviewing plan checks, mitigation monitoring and reporting programs, and drafting final planning actions.

FISCAL AND ADMINISTRATIVE IMPACTS

The Professional Services Agreement has a not-to-exceed contract value of $600,000. Planning contract services provided under this contract for City projects would be offset by funds from individual project CIP budgets, while contract services for private projects would be offset from land use application fees.

Additional funding will be allocated from the Planning Division budget. Utilization of City staff time will be necessary to administer the consultant agreement and provide supervisory oversight of the Consultant's day-to-day performance.

COMMUNITY PILLAR
5: A City That Works

GOAL
9: Facilitate Development that is Consistent with the City's General Plan.

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement

Prepared by: Jennifer Ackerman
Assistant Planner

178
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
179
RESOLUTION NO. _________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH RINCON CONSULTANTS, INC. TO PROVIDE PLANNING AND

PROJECT MANAGEMENT SERVICES IN AN AMOUNT NOT-TO-EXCEED
$600,000 FOR A THREE-YEAR TERM
The Agreement with Rincon Consultants, Inc. (Consultant), will allow the City of Livermore (“City”) to supplement staffing resources for a period of three years with a not- to-exceed contract amount of $600,000.

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

1. Authorizes the City Manager to execute a professional services agreement with Rincon Consultants, Inc., attached hereto as Exhibit A, for a three-year term ending on April 16, 2027, in an amount not-to-exceed $600,000.

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

On motion of Council Member _________________, seconded by Council Member ____________, the foregoing resolution was passed and adopted on April 15, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Kimberly D. Cilley Deborah L. Elam Kimberly D. Cilley
Acting City Clerk Senior Assistant City Attorney
Exhibit A – Agreement with Rincon Consultants, Inc., and City of Livermore 180

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

RECI
TALS
C
ity requires professional services to assist the City of Livermore with contract planning services.

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

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 followin g professional services as more particularly set forth in Exhibit "A" (collectively “the Services”):

A
ssist planning staff with project review, project completeness, preparation of staff reports, and coordination and preparation of environmental documents. Drafting conditions of approval, agreements, and staff reports to Planning Commission and City Council which shall be finalized by City staff. May attend meetings between staff, developers, planners and others.

All
work shall be reviewed and finalized by City Staff. These services shall be ordered as needed pursuant to individual written project orders issued by the City and approved by the Planning Manager. Project assignments will include a scope of work and budget to provide standards to determine when City will deem that project complete. City reserves the right not to order any services or expend any monies pursuant to this Agreement.

R
incon's scope of work excludes presenting staff reports at public hearings.

DocuSign Envelope ID: 5083A204-8522-443D-896C-5D54E780F1F2

EXHIBIT A
181

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 S ervices in a timely manner;

(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 Stephen Riley, Acting Planning 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 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;

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EXHIBIT A
182
(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,

(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 $ 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 commences on April 16, 2024, and terminates upon the completion of the Services or April 16, 2027, 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.

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 DocuSign Envelope ID: 5083A204-8522-443D-896C-5D54E780F1F2

EXHIBIT A
183
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 Consult ant 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 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.

(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).

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.

DocuSign Envelope ID: 5083A204-8522-443D-896C-5D54E780F1F2

EXHIBIT A
184

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

14. Acceptance of Work. City’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy , completeness, or competency of the S ervices, 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 S ervices involve making, or participation in making, decisions which may have a material effect on the Consultants’ financial interest. While it is Consultant’s sole responsibility to evaluate its conflict s of interest, the Consultant nevertheless agrees to prepare and file an economic disclosure statement if requested by City.

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 o r remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, the Consultant must present a written claim to City in accordance with Chapter 3.42 of the Livermore Municipal Code.

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

DocuSign Envelope ID: 5083A204-8522-443D-896C-5D54E780F1F2

EXHIBIT A
185

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

TO CITY: Attention: Stephen Riley, Acting Planning Manager City of Livermore
1052 S Livermore Avenue
Livermore, California 94550

TO CONSULTANT: Attention: Abe Leider, Principal
Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, CA 94612

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

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EXHIBIT A
186
*********************************************************************************************

Signatures and Attachment List on the Next Page
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EXHIBIT A
187
In concurrence and witness whereof, and in recognition of the mutual consideration pr
ovided therefore, the parties have executed this Agreement, effective on the date first written above.

CONSUL
TANT: Dated:
_________
___________________ ___________________________
Abe Leider
Principal
CIT
Y OF LIVERMORE: Dated:
_________
___________________ ____________________________
Marianna Marysheva
City Manager
APPRO
VED AS TO FORM:
_________
__________________
Deputy/Assistant/City Attorney
APPRO
VED AS TO INSURANCE:
_________
______________
Risk Manager/Analyst
At
tachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
DocuSign Envelope ID: 5083A204-8522-443D-896C-5D54E780F1F2 3/19/2024 | 12:41 PM PDT

EXHIBIT A
188
Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, California 94612
510-834-4455
w w w. r in co n co n su lt ant s. co m
March 14, 2024
Rincon Project No. 23-15561
Stephen Riley, Acting Planning Manager
City of Livermore Community Development Department
1052 S. Livermore Avenue
Livermore, California 94550
Via email: [email protected]
Subject: Proposal to Provide Contract Planning Services for the City of Livermore Dear Mr. Riley:

Rincon Consultants, Inc. is pleased to provide this proposal to assist the City of Livermore with contract planning services. We propose a multifaceted team of planning professionals with the capacity, City knowledge, and expertise to efficiently provide continued planning support.

Scope of Work
The cornerstone of Rincon’s contract planning philosophy is serving as an extension of City staff, while also placing our broad range of experience and technical expertise at the City’s disposal. We aim to integrate seamlessly into a planning division or department at every level. One of our key strengths for our approach to contract planning is our involvement in projects from “inception-to-implementation” which spans pre-planning through post-construction services.

Rincon’s professional planners can provide permit application processing and project management as “dedicated planners,” acting as an extension of, and under the direction of, City staff. We can bring projects from pre-application through consideration by City decision-makers and post-approval steps and can prepare draft planning documents and staff reports. We prioritize providing excellent customer service to applicants and other stakeholders, understanding the importance of demonstrating that our contract planners are as dedicated and knowledgeable as City staff. All of our current planning team members are former public sector employees with an understanding of the customer service aspect of the development review process. Rincon will make every attempt to manage projects costs by providing the planner most qualified for the specific assignment at the lowest hourly rate.

The typical process for processing projects requesting entitlements involves:
 Receiving background information and copies of the project applications, site plans, technical reports, and any other relevant documents and studies from City staff  Assigning a Rincon contract planner with experience commensurate to the complexity of the project
 Reviewing project applications for completeness and providing constructive input to applicants in a timely manner consistent with the Permit Streamlining Act  Corresponding with and/or conducting meetings with staff and applicants to address outstanding issues
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189
City of Livermore
Proposal to Provide Contract Planning Services

2  Distributing project plans and application submittal information to City staff and other departments responsible for review (e.g., the City’s Development Advisory Committee)  Facilitating staff review and collection of staff comments  Advising and assisting staff and applicants with questions related to the project  Coordinating with environmental consultants preparing California Environmental Quality Act (CEQA)/National Environmental Protection Act (NEPA) documents, or, under the direction of City staff, preparing environmental documents
 Processing legislative actions associated with proposed projects, including, but not limited to, Specific Plan, General Plan, and Zoning Ordinance amendments  Preparing drafts of public notices, staff reports, approval/denial findings, resolutions, and conditions of approval
 Answering questions from members of the community, stakeholder groups, developers, or other interested parties during regular business hours as an extension-of-staff  Confidential strategizing with special counsel and the City Attorney related to potentially litigious projects and/or projects involving state or regional agencies  Assisting staff with administering condition compliance, building and safety plan check, and mitigation monitoring and reporting programs
 Managing case files in an organized manner and closing-out cases per City procedures Rincon’s scope of work excludes presenting staff reports at public hearings. All services are subject to review and approval by City staff. Additional services or other services outside of the scope of work described herein can be completed upon request; however, such additional work will only commence upon written authorization.

Project Staffing
Arthur Henriques, MUP, Senior Professional II, and Vernon Umetsu, AICP, Senior Professional I, will continue to provide support for this effort. Lilly Rudolph, MPA, AICP, Director, will serve as point of contact for this proposal. Abe Leider, AICP CEP, Principal, will be Rincon’s Principal-in-Charge. Rincon’s Community Planning team has additional highly skilled planners with a wide range of experience who can process a variety of projects ranging from wireless communications facilities to complex, high profile development. Rincon may propose additional staff members on a project-by-project basis to allow greater flexibility and staffing options based on complexity level, staff availability, and subject matter expertise and can provide resumes and hourly rates at that time. Individual staff resumes may be provided upon request.

Cost and Schedule
Contract planning services would commence April 16, 2024 through April 16, 2027, not to exceed $600,000. Rincon’s standard fee schedule is attached. The cost estimate is based on an average expenditure of $14,000 per month in 2024 with incremental increases through April 2027 to account for Rincon’s annual escalation rates shown in the fee schedule.

DocuSign Envelope ID: 5083A204-8522-443D-896C-5D54E780F1F2

EXHIBIT A
190
City of Livermore
Proposal to Provide Contract Planning Services

3 Assumptions
 Rincon staff will conduct work remotely. The City will provide materials and resources to complete tasks remotely, including digital project plans and templates.  Deliverables will be submitted digitally; no hard copies will be provided.

We appreciate the opportunity to assist the City of Livermore with contract planning services. This proposal is valid for 60 days and is fully negotiable to meet the City’s needs for this assignment. If you have any questions regarding this proposal, please contact Lilly Rudolph or Abe Leider.

Sincerely,
Rincon Consultants, Inc.

Lilly Rudolph, AICP, MPA
Director
Abe Leider, AICP, CEP
Principal
Attachments
Attachment 1 Rincon Consultants Standard Fee Schedule
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191

Rincon Consultants, Inc.

Effective January 1, 2024
Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical
and Support Personnel*
Hourly Rate
January 1 –
December 31, 2024
January 1 –
December 31, 2025
January 1 –
December 31, 2026
January 1 –
December 31, 2027
Senior Principal $319 $330 $342 $354
Principal $307 $318 $329 $341
Director $307 $318 $329 $341
Senior Supervisor II $292 $302 $313 $324
Supervisor I $272 $282 $292 $302
Senior Professional II $255 $264 $273 $283
Senior Professional I $238 $246 $255 $264
Professional IV $211 $218 $226 $234
Professional III $196 $203 $210 $217
Professional II $174 $180 $186 $193
Professional I $155 $160 $166 $172
Associate III $130 $135 $140 $145
Associate II $117 $121 $125 $129
Associate I $109 $113 $117 $121
Field Technician $94 $97 $100 $104
Data Solutions Architect $196 $203 $210 $217
Senior GIS Specialist $187 $194 $201 $208
GIS/CADD Specialist II $167 $173 $179 $185
GIS/CADD Specialist I $150 $155 $160 $166
Technical Editor $147 $152 $157 $162
Project Accountant $125 $129 $134 $139
Billing Specialist $107 $111 $115 $119
Publishing Specialist $120 $124 $128 $132
Clerical $107 $111 $115 $119
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of deposition s or in-court testimony are charged at the hourly rate of $400.

Reimbursable Expenses
Direct Cost Rates
Photocopies – B/W $0.25 (single-sided), $0.45 (double-sided) Photocopies – Color $1.55 (single-sided), $3.10 (double-sided) Photocopies – 11” by 17” $0.55 (B/W), $3.40 (color)
Oversized Maps $8.50/square foot
Digital Production $15/CD, $20/flash drive
Light-Duty and Passenger Vehicles* $90/day
4WD and Off-Road Vehicles* $150/day
*Current IRS mileage rate for mileage over 50 and for all miles incurred in employee-owned vehicles.

Direct Costs. Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 16%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.

Annual Escalation. Standard rates subject to 3.5% annual escalation, on January 1.

Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually requi red payment terms.

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EXHIBIT A
192

Rincon Consultants, Inc.

Effective January 1, 2024
Equipment Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $160
Four Gas Monitor $137
Flame Ionization Detector $110
Photo Ionization Detector $82
Hand Auger Sampler $62
Water Level Indicator, DC Purge Pump $46
CAPDash $7,500
Natural Resources Field Equipment
UAS Drone $300
Spotting or Fiberoptic Scope $170
Petterson Bat Ultrasound Detector/Recording Equipment $170 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $113 GPS (Sub-meter Accuracy) $67
Infrared Sensor Digital Camera or Computer Field Equipment $57 Scent Station $23
Laser Rangefinder/Altitude $11
Pit-fall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap, Large/Small $1.55/$0.55
Water and Marine Resources Equipment
Boat (20 ft. Boston Whaler or Similar) $800
Multi Parameter Sonde (Temp, Cond, Turbidity, DO, pH) with GPS $170 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $62 Refractometer (Salinity) or Turbidity Meter $38
Large Block Nets $114
Minnow Trap $98
Net, Hand/Large Seine $57
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$114
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24-Hour Safety Phone)
$144
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope)
$170
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) $57 Underwater and Marine Sampling Gear (U/W Photo/Video Camera, Scuba Equipment (Tanks, BCD, Regulators, Wetsuits, etc.)
$57/diver
Marine Field Package (PFDs – Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$100
Insurance, Hazard and Fees
Historic Research Fees $55
L&H Dive Insurance $57/diver
Level C Health and Safety $70/person

DocuSign Envelope ID: 5083A204-8522-443D-896C-5D54E780F1F2

EXHIBIT A
193
Revised 5/1/2018 B16 – 2M E&O

Page 1 ends

EXHIBIT B

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

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

3. Workers’ Compensation and Employer's Liability:

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

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

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

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

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

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

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

1. The City of Livermore, its officers, officials, employees, and designated DocuSign Envelope ID: 5083A204-8522-443D-896C-5D54E780F1F2

EXHIBIT A
194
Revised 5/1/2018 B16 – 2M E&O

Page 2 ends

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

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

DocuSign Envelope ID: 5083A204-8522-443D-896C-5D54E780F1F2

EXHIBIT A
195

CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

April 15, 2024
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution authorizing an agreement with Tagswag Holdings, Inc. dba All Video Media Solutions to install and configure hardware and software in five conference rooms throughout several city facilities including the Civic Center Library, Police Department, Water Reclamation Plant, Maintenance Services Center, and City Hall in an amount not- to-exceed $159,000.

RECOMMENDED ACTION

SUMMARY
The City of Livermore (City) wants to upgrade the presentation systems in five conference rooms throughout various City facilities including the library, police station, and city hall. This modernization project requires specialized skills and knowledge so City staff will continue to partner with local vendor AVMS to perform this work.

AVMS was selected during the pilot phase of this project after reviewing their previous work at other customers facilities and comparing their bid with competing bids. This work is a continuation of that project, and City staff are re-using the design developed during the pilot.

DISCUSSION
City staff wants to upgrade the presentation systems in conference rooms throughout various City facilities. Due to the specialized skills and knowledge necessary to perform this work, City staff partners with local vendors to provide this skillset and knowledge. Due to the complexity of these systems, City staff developed a pilot project to design and install a solution in one conference room to test its functionality and usability that could be used in all conference rooms. 196

Staff collected several proposals for this pilot project and selected AVMS for the cost effectiveness and the quality of their previous work. This work is a continuation of that project, and the City is re-using the design developed during the pilot.

The system design has two major components, the primary presentation display, and the hardware, software, and labor needed to install the hardware and integrate the system into the meeting room. For this project, City staff chose to install Microsoft Surface Hub 2 devices due to their high level of integration with existing City technology. Staff purchased these devices separately directly from Microsoft using the OMNIA state contract to ensure the City received the competitively bid price and eliminate the need for the vendor to provide the hardware.

FISCAL AND ADMINISTRATIVE IMPACT

The not-to-exceed amount for procurement and deployment of the City’s new presentation hardware is $159,000 and includes all necessary hardware, infrastructure, installation services, maintenance, and a 10% contingency to allow City staff to take advantage of minor upgrades that may occur during the execution of the project.

All costs associated with the proposed project work will be covered by the current Information Technology Fund budget.

There are no ongoing costs associated with this project work aside from future repairs that may occur over the lifetime of the hardware. There will be a minor impact to staff time during initial phases of the installation and testing before acceptance of the project work. The expected lifespan of each room’s hardware is 4 – 6 years depending on usage.

COMMUNITY PILLAR
5: A City That Works

GOAL
11: Modernize key business systems and processes to increase efficiency and improve transparency

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement

Prepared by: Steve Rodriguez
Assistant Administrative Services
Director

197
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
198
RESOLUTION NO. _________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH TAGSWAG HOLDINGS, INC. DBA ALL VIDEO MEDIA SOLUTIONS TO INSTALL

AND CONFIGURE HARDWARE AND SOFTWARE IN FIVE CONFERENCE ROOMS THROUGHOUT CITY FACILITIES IN AN AMOUNT NOT-TO-EXCEED $159,000 FOR

A ONE-YEAR TERM
The City of Livermore (“City”) wants to upgrade the presentation systems in five conference rooms throughout various City facilities including the library, police station, and city hall. This modernization project requires specialized skills and knowledge so City staff will continue to partner with local vendor, Tagswag Holdings, Inc. dba All Video Media Solutions (“AVMS”), to perform this work.

The City selected AVMS during the pilot phase of this project after reviewing their previous work at other customers facilities and comparing their bid with competing bids.

This work is a continuation of that project, and City staff are re-using the design developed during the pilot.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to execute a general services agreement with Tagswag Holdings, Inc. dba All Video Media Solutions, attached hereto as Exhibit A, in an amount not-to-exceed $159,000.

On motion of Council Member , seconded by Council Member ____________, the foregoing resolution was passed and adopted on April 15, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Tara Mazzanti___________ Deborah L. Elam Tara Mazzanti
Acting City Clerk Assistant City Attorney
Exhibit A – Agreement with Tagswag Holdings, Inc. dba All Video Media Solutions 199
AG

REEMENT FOR SERVICES
THI
S AGREEMENT is made and entered into this day of , 2024, by and between the City of Livermore (“City”), a municipal corporation, and Tagswag Holdings, Inc. dba All Video Media Solutions (“Contractor”), a California Corporation.

RECIT
ALS
Cit
y requires services to install audio/visual hardware and software.

Contr
actor 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.

AGREE
MENT
NOW,
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 not 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 install audio/visual hardware and software as more particularly set forth in Exhibit "A" (collectively “ the Services”).

4. Contractor’s Responsibilities. Contractor shall:
(a) Diligen
tly perform the Services in a manner commensurate with industry, professional, and community standards;
(b) Prov
ide the resources necessary to complete the Services in a timely manner;
(c) Obtai
n a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
(d) Obt
ain 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;
DocuSign Envelope ID: 808CF558-2E88-4418-B6D9-98584A854284

EXHIBIT A
200

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

(f) Coordinate the Services with Steve Rodriguez , Assistant Administrative Services Director (“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,

(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.

DocuSign Envelope ID: 808CF558-2E88-4418-B6D9-98584A854284

EXHIBIT A
201

5. Compensation and Payment.
(a) The t
otal compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $ 159,000 ( "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 Contractor ’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) Cit
y shall pay Contractor no later than 30 days after City receives a written invoice from Contractor and verifies the Services were performed for the payment requested.

6. Term. The term of this Agreement commences on April 15, 2024, 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 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, 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.

DocuSign Envelope ID: 808CF558-2E88-4418-B6D9-98584A854284

EXHIBIT A
202

11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Contractor 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 Contractor’s performance of the services contemplated by this Agreement, or in connection with Contractor ’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. Contractor’s obligations to hold harmless, indemnify, and defend shall not be excused because of Contractor’s inability to evaluate Liability or because Contractor evaluates Liability and determines that Contractor 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. Contractor 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 Contractor’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 Contractor’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. 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.

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 DocuSign Envelope ID: 808CF558-2E88-4418-B6D9-98584A854284

EXHIBIT A
203
par
ty, 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.

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

TO CITY: Attention: Steve Rodriguez, Assistant ASD
City of Livermore
1052 S Livermore Avenue
Livermore, California 94550
DocuSign Envelope ID: 808CF558-2E88-4418-B6D9-98584A854284

EXHIBIT A
204

TO
CONTRACTOR: Attention: Kathlyn Powers, Controller
All Videa Media Solutions
6465 Sierra Lane
Dublin, CA 94568

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: 808CF558-2E88-4418-B6D9-98584A854284

EXHIBIT A
205
I
n 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: Thomas A. George
Title: President

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ Marianna Marysheva
City Manager

APPROVED AS TO FORM:

___________________________
Deputy/Assistant/City Attorney

APPROVED AS TO INSURANCE:

_______________________
Risk Manager/Analyst

Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements

DocuSign Envelope ID: 808CF558-2E88-4418-B6D9-98584A854284 3/25/2024 | 10:48 AM PDT

EXHIBIT A
206
Contact: Steve Rodriguez
Date: 2/18/24
Livermore Zip code: 94550
Client Home #:

Associate: LH LH/MB Client Mobile #: 925.596.4837
WRP Admin Room
1 Unknown Unknown Projection Screen OFE $0.00
1 Samsung Unknown 65" TV on Fixed Bracket with tilt OFE $0.00 1 Samsung Unknown Samsung Blu Ray Player - Wall Mount OFE $0.00 1 Samsung UN82NU8000FAUX 82" LED TV on rolling cart OFE $0.00 1 Unknown Unknown Rolling stand for 82" LED TV OFE $0.00 1 Microsoft Surface Hub 2S 85" 4K Computer Hub for Business OFE $0.00 1 Steelcase STPM2CART85 Mobile Mount for 85" Surface Pro $2,975.00 $2,975.00 2 AVMS NST-CAT6PL-1000-BLK 2x CAT6 Plenum unshielded wire run (85" Surface Pro Whip / tails)
$95.00 $190.00
1 Snap AV B6-4K2-5 Binary™ B6 Series 4K Ultra HD Premium Certified High Speed HDMI® Cable, 5m
$102.95 $102.95
1 Snap One SR-WMS-12U 12U Wall Mount Rack, Accessories Inc. $1,696.00 $1,696.00 1 Snap One WP-CAT6-PP-12 12 port patch bay $220.00 $220.00 1 AVProEdge AC-MX-82RM 18Gbps True 4K60 4:4:4, 8x2 Matrix & Auto Switch/AVR Bypass
$1,975.00 $1,975.00
1 AVProEdge AC-CXWP-KVM-KIT HDMI/Bi-Directional USB Wall Plate Kit $1,750.00 $1,750.00 2 AVMS NST-CAT6PL-1000-BLK 2x CAT6 Plenum unshielded wire run From (AV Rack) to (Display location A)
$217.50 $435.00
1 AVProEdge AC-CXWP-KVM-KIT HDMI/Bi-Directional USB Wall Plate Kit $1,750.00 $1,750.00 2 AVMS NST-CAT6PL-1000-BLK 2x CAT6 Plenum unshielded wire run From (AV Rack) to (Display location B)
$217.50 $435.00
1 Barco CX-50 ClickShare Hi End Conferencing - 2 Sources $2,950.00 $2,950.00 1 Snap One EA-RSP-2D-200 Response DSP Amplifier | 200W x 2 Channels $1,042.60 $1,042.60 4 Paradigm 1090000073 CI E80-R V2 In-Ceiling Speaker $650.00 $2,600.00 4 Snap One ES-TILEBRIDGE Commercial Tile Bridge $50.00 $200.00 1 Control4 C4-CORE1 Automation Controller $925.00 $925.00 1 Control4 C4-T4IW10-WH T4 Series In-Wall Touchscreen - White $1,775.00 $1,775.00 1 Wall-Smart WLSM-007-1-850-WH Retrofit Mount for C4-T4IW10-WH $575.00 $575.00 1 AVMS NST-CAT6PL-1000-BLK 2x CAT6 Plenum unshielded wire run From (AV Rack) to (Touch Panel)
$217.50 $217.50
8 Snap One B6-4K2-2 4K HDMI Cable - 2M $55.00 $440.00
1 AVMS NST-144-PL-500-WH 14/4 Plenum Rated Speaker Wire Run From (AV Rack) to (In-Ceiling Speaker Pair 1)
$217.50 $217.50
1 AVMS NST-144-PL-500-WH 14/4 Plenum Rated Speaker Wire Run From (AV Rack) to (In-Ceiling Speaker Pair 2)
$217.50 $217.50
1 Apple MN893LL/A AppleTV 4K128GB (3rd Gen) $199.00 $199.00 1 Snap One B6-4K2-2 Premium HDMI Cable - 2M $55.00 $55.00 1 Snap One IRF-1 IR Flasher with LED Feedback $20.00 $20.00 1 Snap One WP-PC-CAT6-5FT-BLU Cat 6 Ethernet Patch Cable, 5FT, Blue $6.50 $6.50 1 Google Chromecast Google Cast Streaming Video - GA01919-US $100.00 $100.00 1 Luxul AMS-1816P AV Series 18-Port/16 PoE+ Gigabit Managed Switch
$1,100.00 $1,100.00
1 Luxul XWR-3150 Epic 3 - Dual-Band Wireless AC3100 Gigabit Router w/Domotz
$484.50 $484.50
1 Snap One WB-800VPS-IPVM-12 OVRC 12 Port A/C Line Conditioner $995.00 $995.00 1 Snap One B3-AUD-1 B3 Series Analog Audio Cable, 3.3' $40.00 $40.00 1 Snap One B3-AUD-2 B3 Series Analog Audio Cable, 6.5' $50.00 $50.00 Client Email Address: [email protected]
City Of Livermore - WRP Admin Room
Street Address: 1052 S. Livermore Ave
City:

City of Livermore - Combined Proposal 240229 tg v1
WO 240218 TG 1 of 11 2/29/2024 1:47 PM
DocuSign Envelope ID: 808CF558-2E88-4418-B6D9-98584A854284 EXHIBIT A 207
3 Arlington™ LV2 Double Gang Low-Voltage Mounting Bracket for Retrofit - [EACH]
$4.46 $13.38
2 Arlington CER2 Reversible Two-Piece Double Gang Low-Voltage Cable Entrance Plate - White
$8.20 $16.40
25 Snap One 202010J Platinum Tools™ EZ-RJ45 Category Wire Connector - Cat6 (EACH)
$0.76 $19.00
10 Snap One PLUG-RJ45-CAT6 Wirepath™ RJ45 Connectors $0.95 $9.50 1 AVMS Parts Misc. parts necessary for installation $500.00 $500.00 *Room Equipment : $26,297.33
Room Installation Estimate: $13,920.00
Room Programming Estimate: $4,950.00
*Room Installed Solution Total Estimate: $45,167.33
*excludes taxes & fees as indicated below
OFE projection screen. Recycle
OFE 65" Monitor. Recycle
OFE articulating mount for 65" Monitor. Recycle
OFE 82" Samsung TV on Rolling Cart Remove from project
Install NEW 12U Wall mount rack.

Location TBD
Mount OFE 85" Surface Hub 2S.
85" Surface Hub2s to be exempt from any programming scope 85" Surface Hub 2s audio playback to be exempt from audio system.

System will accommodate future Surface Hub 2s audio as an option.

Extraction to 2 channel analog audio would be the responsibility of the client.

Install 12 Port CAT6 patch bay in the AV rack for new CAT6 infrastructure. 1x CAT6 terminates to Tech Plate location A RJ-45 jack. 1x CAT6 terminates to HDMI Balan kit A directly.
1x CAT6 terminates to Tech Plate location A RJ-45 jack. 1x CAT6 terminates to HDMI Balan kit B directly.

Install NEW HDMI switch in AV RACK.

Connect HDMI switcher audio output to 2 channel DSP amplifier, input 1.

HDMI switcher will be controlled by the Control 4 in wall touch screen.

Install NEW Apple TV.

Integrate the Apple TV into the Control4 platform.

Connect to AV LAN Intranet.

Incorporate NEW Google Cast streaming video server.

Program remote for input selection.

This is a wi-fi device only, no Control4 remote control available.

Install NEW In-Ceiling Speakers.

Speakers to be supported by tile bridges.

Exact locations TBD.

Connect to NEW DSP Amplifier.

Connect to NEW in-ceiling speakers.

Connect to NEW HDMI switcher audio output.

Amplifier will control the master volume of all NEW HDMI switcher sources.

Amplifier will be controlled by the Control 4 in wall touch screen. 85" Surface Hub to be left in factory default state. Client to program and setup.

Electrical outlets by others.

Run 2x 14/4 plenum rated speaker wire between AV RACK and in-ceiling speaker locations A and B, loop from left to right.

Run 2x Cat6 between AV Rack and network location A
Run 2x Cat6 between AV Rack and network location B
Run 1x Cat6 between AV Rack and Touch Panel
Install NEW Mobile Mount for 85" Surface Hub
Scope of Work
City of Livermore - Combined Proposal 240229 tg v1
WO 240218 TG 2 of 11 2/29/2024 1:47 PM
DocuSign Envelope ID: 808CF558-2E88-4418-B6D9-98584A854284 EXHIBIT A 208
Install NEW CORE1 automation processor for AV system control.

Connect to AV LAN Intranet.

Install NEW Tabletop Touchscreen
Connect to AV LAN Intranet.

Control4 system to be programmed to operate the audio and video components.

Install NEW A/C line conditioner in AV Rack
Install AV LAN intranet for local system configuration and control via the NEW Luxul XWR-3150 wireless router. ** All hardwired WAN network connections are to be supplied by the customer. ** AVMS not responsible for OFE WAN Network Performance.

The AV intranet will be firewalled from external WAN connection.

All AVMS provide equipment is to be connected and configure on the AV intranet.

No AVMS remote access or remote service diagnostics are available with this time with this AV intranet.

Remote access or service diagnostics would require OFE client IT configuration, if desired.

AV intranet shall not have inter-VLAN routing to the corporate network (Unless desired by the customer / IT department)
AV intranet shall provide basic router functionality
AV intranet shall have a full subnet range (192.168.11.2-254) available.

AV intranet shall provide basic DHCP server functionality, 192.168.11.160 - 254 Install AV WLAN intranet for local system configuration and control via the NEW Luxul XWR-3150 Wireless Router.

Wireless SSID and credentials should be client submitted provided to AVMS.

Wireless SSID will be broadcasted visibly available for boardroom users.

Install new AMS-1816P network core switch for system expansion BARCO Screen Share High-end wireless conferencing solution Room Microphone system to be reviewed with client and added later.

Police Chief Conference Room
1 Unknown Unknown Projection Screen OFE $0.00
1 Unknown Unknown 65" Monitor OFE $0.00
1 Unknown Unknown Articulating Mount for 65" Monitor OFE $0.00 1 Microsoft Surface Hub 2S 85" 4K Computer Hub for Business OFE $0.00 1 Unknown Unknown Floor Raceway Wire Cover - Location TBD OFE $0.00 1 Steelcase STPM2WALMT85 Mount for 85" Surface Pro $775.00 $775.00 1 Snap One SR-VERTICAL-7U 7U Vertical Wall Mount Rack, Accessories Inc. $950.00 $950.00 1 AVProEdge AC-MX-82RM 18Gbps True 4K60 4:4:4, 8x2 Matrix & Auto Switch/AVR Bypass
$1,975.00 $1,975.00
1 Snap One EA-RSP-2D-200 Response DSP Amplifier | 200W x 2 Channels $1,042.60 $1,042.60 2 Paradigm 1090000073 CI E80-R V2 In-Ceiling Speaker $650.00 $1,300.00 2 Snap One ES-TILEBRIDGE Commercial Tile Bridge $50.00 $100.00 1 Control4 C4-CORE1 Automation Controller $925.00 $925.00 1 Control4 C4-T4T10-BL 10" Tabletop Touchscreen, Black $1,725.00 $1,725.00 1 AVProEdge AC-BTSSF-5KUHD-20 20M ~ 18Gbps Low Power HDMI (AOC) Cable $400.00 $400.00 1 Snap One B6-4K2-5 4K HDMI Cable - 5M $125.00 $125.00
4 Snap One B6-4K2-2 4K HDMI Cable - 2M $55.00 $220.00
1 AVMS NST-144-PL-500-WH 14/4 Plenum Rated Speaker Wire Run From (MEDIA CABINET) to (In-Ceiling Speakers)
$217.50 $217.50
1 AVMS NST-CAT6PL-1000-BLK 2x CAT6 Plenum unshielded wire run From (MEDIA CABINET) to (Display Hub)
$217.50 $217.50
1 Apple MN893LL/A AppleTV 4K128GB (3rd Gen) $199.00 $199.00 1 Snap One B6-4K2-2 Premium HDMI Cable - 2M $55.00 $55.00 1 Snap One IRF-1 IR Flasher with LED Feedback $20.00 $20.00 1 Snap One WP-PC-CAT6-5FT-BLU Cat 6 Ethernet Patch Cable, 5FT, Blue $6.50 $6.50 1 Google Chromecast Google Cast Streaming Video - GA01919-US $100.00 $100.00 Electrical outlets by others.

Wireless WLAN configuration will be as follows:
802.11b/g/n 2.4 GHz ~or~ 802.11a/n/ac 5 GHz
Security: WEP,WPA2 PSK
Electrical outlets at table locations by others.

City of Livermore - Combined Proposal 240229 tg v1
WO 240218 TG 3 of 11 2/29/2024 1:47 PM
DocuSign Envelope ID: 808CF558-2E88-4418-B6D9-98584A854284 EXHIBIT A 209
1 Luxul XMS-1208P 12-Port/8 PoE+ Gigabit Managed Switch $615.00 $615.00 1 Luxul XWR-3150 Epic 3 - Dual-Band Wireless AC3100 Gigabit Router w/Domotz
$484.50 $484.50
1 Snap One WB-600-VCE-10 A/C Line Conditioner $475.00 $475.00 1 Snap One B3-AUD-1 B3 Series Analog Audio Cable, 3.3' $40.00 $40.00 1 Snap One B3-AUD-2 B3 Series Analog Audio Cable, 6.5' $50.00 $50.00 2 Arlington™ LV1 Arlington™ Single Gang Low-Voltage Mounting Bracket for Retrofit - [EACH]
$3.10 $6.20
2 Arlington™ LV2 Double Gang Low-Voltage Mounting Bracket for Retrofit - [EACH]
$4.46 $8.92
2 Arlington CER1 Reversible Two-Piece Single Gang Low-Voltage Cable Entrance Plate - White
$6.60 $13.20
2 Arlington CER2 Reversible Two-Piece Double Gang Low-Voltage Cable Entrance Plate - White
$8.20 $16.40
12 Snap One 202010J Platinum Tools™ EZ-RJ45 Category Wire Connector - Cat6 (EACH)
$0.76 $9.12
10 Snap One PLUG-RJ45-CAT6 Wirepath™ RJ45 Connectors $0.95 $9.50 1 AVMS Parts Misc. parts necessary for installation $500.00 $500.00 *Room Equipment : $12,580.94
Room Installation Estimate: $8,555.00
Room Programming Estimate: $3,300.00
*Room Installed Solution Total Estimate: $24,435.94
*excludes taxes & fees as indicated below
OFE projection screen. Remains in project
To remain inactive.

Disable power, lock in raised position.

OFE 65" Monitor. Recycle
OFE articulating mount for 65" Monitor. Recycle
Install NEW 5U Vertical Rack
Location TBD
Surface Mount Floor Raceway from Table to Vertical Rack to be provided by COL Mount OFE 85" Surface Hub 2S.

Height TBD.
85" Surface Hub2s to be exempt from any programming scope 85" Surface Hub 2s audio playback to be exempt from audio system.

System will accommodate future Surface Hub 2s audio as an option.

Extraction to 2 channel analog audio would be the responsibility of the client.

Raceway to be provided by COL
To provide wire protection from Table Location to Corner AVHE CAT6 terminations will be RJ-4 connections.

Punch down panels, patch bays, and or accessories by others Install NEW HDMI switch in VERTICAL RACK.
2M HDMI cables to be connected and made readily available for guest connections.

Connect HDMI switcher to OFE provided network, configured on an isolated AV subnet(*) Connect HDMI switcher audio output to 2 channel DSP amplifier, input 1.

HDMI switcher will be controlled by the Control 4 tabletop touch screen.

Install NEW Apple TV.

Integrate the Apple TV into the Control4 platform.

Connect to AV LAN Intranet.

Incorporate NEW Google Cast streaming video server.

Program remote for input selection.

This is a wi-fi device only, no Control4 remote control available.

Scope of Work
Install NEW Mount for 85" Surface Hub
85" Surface Hub to be left in factory default state. Client to program and setup.

Electrical outlets by others.

Run 2x Cat6 between VERTICAL RACK and 85" Surface Hub 2S location Run 20M HDMI cable between VERTICAL RACK and 85" Surface Hub 2S location.

City of Livermore - Combined Proposal 240229 tg v1
WO 240218 TG 4 of 11 2/29/2024 1:47 PM
DocuSign Envelope ID: 808CF558-2E88-4418-B6D9-98584A854284 EXHIBIT A 210
Install NEW In-Ceiling Speakers.

Speakers to be supported by tile bridges.

Exact locations TBD.

Install NEW DSP Amplifier.

Connect to NEW in-ceiling speakers.

Connect to NEW HDMI switcher audio output.

Amplifier will control the master volume of all NEW HDMI switcher sources.

Amplifier will be controlled by the Control 4 tabletop touch screen.

Install NEW CORE1 automation processor for AV system control.

Connect to AV LAN Intranet.

Install NEW Tabletop Touchscreen
Connect to AV WLAN Intranet.

Control4 system to be programmed to operate the audio and video components.

Install NEW A/C line conditioner in media cabinet
Install AV LAN intranet for local system configuration and control via the NEW Luxul XWR-3150 wireless router. ** All hardwired WAN network connections are to be supplied by the customer. ** AVMS not responsible for OFE WAN Network Performance.

The AV intranet will be firewalled from external WAN connection.

All AVMS provide equipment is to be connected and configure on the AV intranet.

No AVMS remote access or remote service diagnostics are available with this time with this AV intranet.

Remote access or service diagnostics would require OFE client IT configuration, if desired.

AV intranet shall provide basic DHCP server functionality, 192.168.11.160 - 254 Install AV WLAN intranet for local system configuration and control via the NEW Luxul XWR-3150 Wireless Router.

Wireless SSID and credentials should be client submitted provided to AVMS.

Wireless SSID will be broadcasted visibly available for boardroom users.

Install new XMS-1208P network core switch for system expansion Marianna's Office
1 Microsoft Surface Hub 2S 50" 4K Computer Hub for Business OFE $0.00 1 Microsoft STPM1WALLMT Wall Mount for 50" Surface Pro $375.00 $375.00 2 AVMS NST-CAT6PL-1000-BLK 2x CAT6 Plenum unshielded wire run $95.00 $190.00 1 AVProEdge AC-MX-42 18Gbps True 4K60 4:4:4, 4x2 Matrix & Auto Switch
$1,025.00 $1,025.00
1 Snap One B6-4K2-5 4K HDMI Cable - 5M $125.00 $125.00
2 Snap One B6-4K2-2 4K HDMI Cable - 2M $55.00 $110.00
1 AVMS Parts Misc. parts necessary for installation $150.00 $150.00 *Room Equipment : $1,975.00
Room Installation Estimate: $2,755.00
Room Programming Estimate: $495.00
*Room Installed Solution Total Estimate: $5,225.00
*excludes taxes & fees as indicated below
Run 1x plenum rated speaker wire between VERTICAL RACK and in-ceiling speaker locations, loop from left to right.

Electrical outlets at table locations by others.

Electrical outlets by others.

Wireless WLAN configuration will be as follows:
802.11b/g/n 2.4 GHz ~or~ 802.11a/n/ac 5 GHz
Security: WEP,WPA2 PSK
City of Livermore - Combined Proposal 240229 tg v1
WO 240218 TG 5 of 11 2/29/2024 1:47 PM
DocuSign Envelope ID: 808CF558-2E88-4418-B6D9-98584A854284 EXHIBIT A 211
Install OFE Wall Mount for 50" Surface Hub
Mount OFE 50" Surface Hub 2S.
50" Surface Hub2s to be exempt from any programming scope ** All hardwired WAN network connections are to be supplied by the customer. ** AVMS not responsible for OFE WAN Network Performance.

Install NEW HDMI switch at Desk Top
Control of the HDMI switch will with the remote provided with the switch.

Maintenance Service Center - Conference Room
1 Unknown Unknown 65" Monitor OFE $0.00
1 Unknown Unknown Articulating Mount for 65" Monitor OFE $0.00 1 Microsoft Surface Hub 2S 85" 4K Computer Hub for Business OFE $0.00 1 Dish Network VIP211z Satellite TV Tuner OFE $0.00
1 Unknown Unknown Floor Raceway Wire Cover - Location TBD OFE $0.00 1 Chief 051PDRUB Articulating Mount $950.00 $950.00
1 Snap One SR-VERTICAL-7U 7U Vertical Wall Mount Rack, Accessories Inc. $950.00 $950.00 1 AVProEdge AC-MX-82RM 18Gbps True 4K60 4:4:4, 8x2 Matrix & Auto Switch/AVR Bypass
$1,975.00 $1,975.00
1 Snap One EA-RSP-2D-200 Response DSP Amplifier | 200W x 2 Channels $1,042.60 $1,042.60 2 Paradigm 1090000073 CI E80-R V2 In-Ceiling Speaker $650.00 $1,300.00 2 Snap One ES-TILEBRIDGE Commercial Tile Bridge $50.00 $100.00 1 Control4 C4-CORE1 Automation Controller $925.00 $925.00 1 Control4 C4-T4T10-BL 10" Tabletop Touchscreen, Black $1,725.00 $1,725.00 1 AVProEdge AC-BTSSF-5KUHD-20 20M ~ 18Gbps Low Power HDMI (AOC) Cable $400.00 $400.00 1 Snap One B6-4K2-5 4K HDMI Cable - 5M $125.00 $125.00
4 Snap One B6-4K2-2 4K HDMI Cable - 2M $55.00 $220.00
1 AVMS NST-144-PL-500-WH 14/4 Plenum Rated Speaker Wire Run From (MEDIA CABINET) to (In-Ceiling Speakers)
$217.50 $217.50
1 AVMS NST-CAT6PL-1000-BLK 2x CAT6 Plenum unshielded wire run From (MEDIA CABINET) to (Display Hub)
$217.50 $217.50
1 Apple MN893LL/A AppleTV 4K128GB (3rd Gen) $199.00 $199.00 2 Snap One B6-4K2-2 Premium HDMI Cable - 2M $55.00 $110.00 2 Snap One IRF-1 IR Flasher with LED Feedback $20.00 $40.00 1 Snap One WP-PC-CAT6-5FT-BLU Cat 6 Ethernet Patch Cable, 5FT, Blue $6.50 $6.50 1 Google Chromecast Google Cast Streaming Video - GA01919-US $100.00 $100.00 1 Luxul XMS-1208P 12-Port/8 PoE+ Gigabit Managed Switch $615.00 $615.00 1 Luxul XWR-3150 Epic 3 - Dual-Band Wireless AC3100 Gigabit Router w/Domotz
$484.50 $484.50
1 Snap One WB-600-VCE-10 A/C Line Conditioner $475.00 $475.00 1 Snap One B3-AUD-1 B3 Series Analog Audio Cable, 3.3' $40.00 $40.00 1 Snap One B3-AUD-2 B3 Series Analog Audio Cable, 6.5' $50.00 $50.00 2 Arlington™ LV1 Arlington™ Single Gang Low-Voltage Mounting Bracket for Retrofit - [EACH]
$3.10 $6.20
2 Arlington™ LV2 Double Gang Low-Voltage Mounting Bracket for Retrofit - [EACH]
$4.46 $8.92
Scope of Work
50" Surface Hub to be left in factory default state. Client to program and setup.

Electrical outlets by others.

Run 2x Cat6 between 55" Surface Hub 2S and Local Network Ports Run 5M HDMI cable between Desk Top and 55" Surface Hub 2S location. 2x 2M HDMI cable to be connected and made readily available for local computer & guest connection.

City of Livermore - Combined Proposal 240229 tg v1
WO 240218 TG 6 of 11 2/29/2024 1:47 PM
DocuSign Envelope ID: 808CF558-2E88-4418-B6D9-98584A854284 EXHIBIT A 212
2 Arlington CER1 Reversible Two-Piece Single Gang Low-Voltage Cable Entrance Plate - White
$6.60 $13.20
2 Arlington CER2 Reversible Two-Piece Double Gang Low-Voltage Cable Entrance Plate - White
$8.20 $16.40
12 Snap One 202010J Platinum Tools™ EZ-RJ45 Category Wire Connector - Cat6 (EACH)
$0.76 $9.12
10 Snap One PLUG-RJ45-CAT6 Wirepath™ RJ45 Connectors $0.95 $9.50 1 AVMS Parts Misc. parts necessary for installation $500.00 $500.00 *Room Equipment : $12,830.94
Room Installation Estimate: $8,555.00
Room Programming Estimate: $3,300.00
*Room Installed Solution Total Estimate: $24,685.94
*excludes taxes & fees as indicated below
OFE Dish Network TV Tuner Remains in project
OFE 65" Monitor. Recycle
OFE articulating mount for 65" Monitor. Recycle
Install NEW 7U Vertical Rack
Location TBD
Surface Mount Floor Raceway from Table to Vertical Rack to be provided by COL Mount OFE 85" Surface Hub 2S.

Height TBD.
85" Surface Hub2s to be exempt from any programming scope 85" Surface Hub 2s audio playback to be exempt from audio system.

System will accommodate future Surface Hub 2s audio as an option.

Extraction to 2 channel analog audio would be the responsibility of the client.

Raceway to be provided by COL
To provide wire protection from Table Location to Corner AVHE CAT6 terminations will be RJ-45 connections.

WAN / Corporate subnet IT Punch down panels, patch bays, and or accessories by others Install NEW HDMI switch in VERTICAL RACK.
2M HDMI cables to be connected and made readily available for guest connections.

Connect HDMI switcher to OFE provided network, configured on an isolated AV subnet(*) Connect HDMI switcher audio output to 2 channel DSP amplifier, input 1.

HDMI switcher will be controlled by the Control 4 tabletop touch screen.

Install NEW Apple TV.

Integrate the Apple TV into the Control4 platform.

Connect to AV LAN Intranet.

Incorporate NEW Google Cast streaming video server.

Program remote for input selection.

This is a wi-fi device only, no Control4 remote control available.

Install NEW In-Ceiling Speakers.

Speakers to be supported by tile bridges.

Exact locations TBD.

Install NEW DSP Amplifier.

Connect to NEW in-ceiling speakers.

Connect to NEW HDMI switcher audio output.

Amplifier will control the master volume of all NEW HDMI switcher sources.

Amplifier will be controlled by the Control 4 tabletop touch screen.

Scope of Work
Install NEW articulating mount
85" Surface Hub to be left in factory default state. Client to program and setup.

Electrical outlets by others.

Run 2x Cat6 between VERTICAL RACK and 85" Surface Hub 2S location Run 20M HDMI cable between VERTICAL RACK and 85" Surface Hub 2S location.

Run 1x plenum rated speaker wire between VERTICAL RACK and in-ceiling speaker locations, loop from left to right.

City of Livermore - Combined Proposal 240229 tg v1
WO 240218 TG 7 of 11 2/29/2024 1:47 PM
DocuSign Envelope ID: 808CF558-2E88-4418-B6D9-98584A854284 EXHIBIT A 213
Install NEW CORE1 automation processor for AV system control.