Agenda packet — Livermore City Council, May 13, 2024 (part 1 of 3)

CITY COUNCIL
AGENDA
MONDAY, MAY 13, 2024
REGULAR MEETING –
7:00 PM
CLOSED SESSION - 6:30 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
May 13, 2024

1 1.

CLOSED SESSION - 6:30 PM

Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
Note: This Closed Session my be continued to the end of the Regular Meeting.

1.1 Conference with Real Property Negotiator. To meet with Paul Spence Assistant City Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor’s Parcel No. 99B-5680-4 and 99B-5680–20. The City's negotiators may negotiate with Daniel Buffington, Realtor, on behalf of the Brooks Beverly J Trust & House, Doris E. The instructions will concern price and terms of payment.

1.2 Conference with Real Property Negotiator. To meet with Paul Spence Assistant City Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor’s Parcel No. 99B-5685-12. The City's negotiators may negotiate with Daniel Buffington, Realtor, on behalf of Mike Fuller Motorsports Inc. The instructions will concern price and terms of payment.

1.3 Conference with Real Property Negotiator. To meet with Paul Spence Assistant City Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor’s Parcel No. 905-3-12. The City's negotiators may negotiate with Sara Rieck and Becky Bremser, Chief of Land Acquisition, on behalf of the East Bay Regional Park District. The instructions will concern price and terms of payment.

1.4 Conference with Real Property Negotiator. To meet with Paul Spence Assistant City Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor’s Parcel No. 902-9-3-2 and 902-9-3-1. The City's negotiators may negotiate with property owners Harford Estates Ltd. The instructions will concern price and terms of payment.

1.5 Conference with Real Property Negotiator. To meet with Paul Spence Assistant City Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor’s Parcel No. 99B-5300-10. The City's negotiators may negotiate with Lisa Quisito, on behalf of Sharon Albright & Karen Red Elk Trust. The instructions will concern whether there is interest in acquiring the property for open space purposes, and if so, instructions will also concern price and terms of payment.

2. CALL TO ORDER

ROLL CALL

Council Member Ben Barrientos
Council Member Evan Branning
Council Member Brittni Kiick
Livermore City Council Agenda
May 13, 2024

2 3.

PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation recognizing East Bay Housing Organizations 40 th
Anniversary, presented to
Darin Lounds, East Bay Housing Organizations Board Member.

Recommendation:

Staff recommends the City Council r
ecognize East Bay Housing Organizations 40
th
Anniversary.

Staff Report

Attachments:

1. Proclamation

3.2 Proclamation declaring May 2024 as Jewish American Heritage Month, presented to Tsahala David, President of Congregation Beth Emek

Recommendation:

Staff recommends City Council declare May 2024 as Jewish American Heritage Month.

Staff Report

Attachments:

1. Proclamation

3.3 Proclamation declaring May 19-25, 2024, as Public Works Week in the City of Livermore, presented to Judy Erlandson, City of Livermore Acting Public Works Director.

Recommendation:

Staff recommends City Council declare May 19-25, 2024, as Public Works Week in the City of Livermore.

Staff Report

Attachments:

1. Proclamation

3.4 Proclamation declaring June as Safety Awareness Month, presented to Jas Sidhu, City of Livermore Risk Manager.

Recommendation:

Staff recommends the City Council declare June as Safety Awareness Month.

Staff Report
Vice Mayor Robert W. Carling
Mayor John Marchand

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION

Livermore City Council Agenda
May 13, 2024

3 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 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 Adoption of 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.

Recommendation:

Staff recommends that the City Council
adopt 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 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

5.2 Resolution authorizing execution of a first amendment to the agreement with Schaaf & Wheeler Consulting Engineers for on-call design of repairs for sites damaged during the 2017 and 2023 storm events, hydraulic modeling support, and annual Stream Maintenance Program projects, increasing the not-to-exceed amount from $400,000 to $1,000,000 and extending the term of the agreement two additional years to December 31, 2027.

Livermore City Council Agenda
May 13, 2024

4 Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a first amendment to the agreement with Schaaf & Wheeler Consulting Engineers for on-call design of repairs for sites damaged during the 2017 and 2023 storm events, hydraulic modeling support, and annual Stream Maintenance Program projects, increasing the not-to- exceed amount from $400,000 to $1,000,000 and extending the term of the agreement two additional years to December 31, 2027.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - First Amendment to Agreement

5.3 Resolution authorizing execution of a first amendment to the agreement with Gannett Fleming, Inc. increasing the not-to-exceed amount from $952,000 to $2,052,000 for additional construction management and inspection services associated with the Livermore Village Parking Garage Construction Project 586003.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a first amendment to the agreement with Gannett Fleming, Inc. increasing the not-to-exceed amount from $952,000 to $2,052,000 for additional construction management and inspection services associated with the Livermore Village Parking Garage Construction Project 586003 .

Staff Report

Attachments:

1. Site Plan

2. Resolution

3. Exhibit A - Agreement

5.4 Resolutions authorizing execution of agreements with Independent Code Consultants Inc. and 4LEAF Inc. to provide on-call plan review, inspections, and permit technician services in an amount not-to-exceed $460,000 per contract over a five-year term.

Recommendation:

Staff recommends the City Council adopt resolutions authorizing the City Manager to execute agreements with Independent Code Consultant Inc. and 4LEAF Inc. to provide on-call plan check, site inspections, permit technician services, and Certified Access Specialist (CASp) consultation. Each contract has a not-to-exceed amount of $460,000 over a five-year term ending on June 30, 2029.

Staff Report

Attachments:

1. Resolution - Independent Code Consultants

2. Exhibit A - Agreement Independent Code Consultants Inc.

3. Resolution - 4LEAF Inc.

4. Exhibit A - Agreement 4LEAF Inc.

Livermore City Council Agenda
May 13, 2024

5 5.5
R
esolution authorizing execution of an agreement with TruePoint Solutions LLC to i mplement
Accela Citizen Access, DigEplan electronic plan review, on-call Accela permit software
programming, and LTC DigEplan subscription agreement. The contract has a not-to-exceed amount of $455,000 over a five-year term.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with TruePoint Solutions LLC for
services to i
mplement Accela Citizen Access,
DigEplan electronic plan review, on-call
Accela permit software programming, and LTC
DigEplan subscription agreement. The contract has a not-to-exceed amount of $455,000 over
a five-year term.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement

5.6 Resolution authorizing the execution of an agreement with Golden State Emergency Vehicle Services Inc. for repairs to fire apparatuses manufactured by Pierce Manufacturing and Boise Mobile Equipment in an amount not-to-exceed $350,000 for a three-year term ending May 31, 2027.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the execution of an agreement with Golden State Emergency Vehicle Services Inc. for repairs to fire apparatuses manufactured by Pierce Manufacturing and Boise Mobile Equipment in an amount not-to- exceed $350,000 for a three-year term ending May 31, 2027.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement

5.7 Resolution authorizing approval of a cooperative implementation agreement with Caltrans that defines the terms for the City to install two trash capture devices at Southfront Lane and the Southern Conveyance Facility and to receive up to $1,480,000 in reimbursements from Caltrans as part of 2024 Storm Drain Trash Capture Project 2024-25.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a cooperative implementation agreement with Caltrans that defines the terms for the City to install two trash capture devices at Southfront Lane and the Southern Conveyance Facility and to receive up to $1,480,000 in reimbursements from Caltrans as part of 2024 Storm Drain
Trash Capture Project 2024-25.

Staff Report

Attachments:

1. Vicinity Map

Livermore City Council Agenda
May 13, 2024

6 2. Resolution

3. Exhibit A - Agreement

5.8 Resolution authorizing execution of a ten-year Master License Agreement for Wireless Facilities on Vertical Infrastructure in the Public Rights-of-Way between the City of Livermore and New Cingular Wireless PCS, LLC to provide the general framework for the installation and maintenance of small cell antennas and associated equipment on City streetlights within the City's rights-of-way.

Recommendation:

Staff recommends that the City Council adopt a resolution:

1 .

Finding the approval of the Master License Agreement for small cell wireless facilities is not a project within the meaning of CEQA Guidelines Section 15378 because it has no potential for resulting in physical change in the environment, directly or indirectly. It is also exempt under the commonsense exemption set forth in CEQA Guidelines Section 15061(b)(3). Approval of small cell wireless facilities that may be approved by the Master License Agreement are exempt under CEQA Guidelines Sections 15301 (Existing Facilities) as minor additions to existing facilities and/or 15303 (New Construction or Conversion of Small Structures) for new, small facilities or structures; and
2 .

Authorizing the City Manager to sign the Master License Agreement between the City of Livermore and New Cingular Wireless PCS, LLC, to provide the general framework for the installation and maintenance of small cell antennas and associated equipment on City streetlights within the City’s rights-of-way.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Master License Agreement

5.9 Resolution authorizing the execution of an agreement with One Diversified, LLC (Diversified) to upgrade, reconfigure and provide 36 months of ongoing maintenance of the Civic Center Meeting Hall in an amount not-to-exceed $300,000 and appropriate $300,000 from the City’s Public Educational and Government (PEG) fees.

Recommendation:

Staff recommends the City Council adopt a resolution:

1 .

Appropriating $300,000 from the City's Public Educational and Government (PEG) fees; and
2 .

Authorizing the City Manager to execute an agreement with One Diversified, LLC to upgrade, reconfigure and provide ongoing maintenance for the first phase of a multi- phase project to upgrade the production capabilities of the City Council Chambers and the Mendenhall Community Room in an amount not-to-exceed $300,000.

Staff Report

Attachments:

Livermore City Council Agenda
May 13, 2024

7 1. Resolution

2. Exhibit A - Agreement

5.10 Resolution authorizing the execution of a purchase order with CDW-G for hardware and remote installation services in an amount not-to-exceed $267,000 to replace the Police Department’s and Library’s primary data storage systems.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a purchase order with CDW-G in an amount not-to-exceed $267,000 for a hardware and remote installation services purchase to replace the Police Department’s and Library’s primary data storage systems.

Staff Report

Attachments:

1. CDW-G Quotes

2. Resolution

5.11 Resolution authorizing execution of a purchase order with 72 Hour LLC DBA National Auto Fleet Group, for six Ford F150 All-Wheel Drive Electric Vehicle (AWD EV) Lightning pickup trucks in an amount not-to-exceed of $451,117.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a purchase order with National Auto Fleet Group in an amount not-to-exceed $451,117 for six 2024 Ford F150 AWD EV Lightning pickup trucks.

Staff Report

Attachments:

1. Sourcewell Contract 091521-NAF

2. National Auto Fleet Group Quotation

3. Resolution

5.12 Resolution authorizing execution of a Low-Income For Sale Housing Agreement with DeNova Homes, Inc. for a 172-unit subdivision located at the intersection of North Canyons Parkway and Triad Drive (VTTM 8657), “Triad East/Amarone”.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a Low Income For Sale Housing Agreement with DeNova Homes, Inc. for a 172-unit subdivision located at the intersection of North Canyons Parkway and Triad Drive (VTTM 8657) Triad East/Amarone.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Low Income Housing Agreement DeNova

5.13 Resolution adding Traffic Operation Center Upgrade, Project 2023-28 to the 2023-2028

Livermore City Council Agenda
May 13, 2024

8 Capital Improvement Plan, authorizing reallocations of Gas Taxes in the amount of $260,000 in FY 2023-24, approving an exception to the Livermore Municipal Code bidding requirements, and authorizing issuance of a purchase order in an amount not-to-exceed $240,000 for Novani, LLC to upgrade the Traffic Operation Center Hardware as part of the Traffic Operation Center Upgrade Project 2023-28.

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Adding Traffic Operation Center Upgrade Project 2023-28 to the 2023-2028 Capital Improvement Plan,
2 .

Reallocating $200,000 in Gas Taxes from the FY 2023-24 budget of Bluebell Dr. Bridge Repair at Altamont Creek Project 2017-21 to the FY 2023-24 budget of Traffic Operation Center Upgrade Project 2023-28.
3 .

Reallocating $60,000 in Gas Tax from the FY 2023-24 budget of Bridge Rehabilitation Project 2022-19 to the FY 2023-24 budget of Traffic Operation Center Upgrade Project 2023-28.
4 .

Approving an exception to the bidding requirement 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
5 .

Authorizing the City Manager to execute a purchase order in an amount not-to exceed $240,000 for Novani, LLC to upgrade Livermore Traffic Operation Center hardware as part of the Traffic Operation Center Upgrade Project 2023-28.

Staff Report

Attachments:

1. Project Location Map

2. CIP Book Page

3. Resolution

5.14 Resolution authorizing reallocations of Measure BB Local Streets and Roads in the amount of $540,000 in FY 2024-25 to Traffic Signal Modification 2019-2021 Project 2019-33 and authorizing an agreement with DC Electric Group, Inc., in an amount not-to-exceed $460,000, to replace six traffic signal controller cabinet assemblies as part of the Traffic Signal Modification 2019-2021 Project 2019-33.

Recommendation:

Staff recommends the City Council adopt a resolution:

1 .

Reallocating $240,000 in Measure BB Local Streets and Roads Fund 688 from the FY 2023-24 budget of Traffic Signal Modification 2019-2021 Project 2019-33 to FY 2024- 25;
2 .

Reallocating $300,000 in Measure BB Local Streets and Roads Fund 688 from the FY 2023-24 budget of East Avenue Corridor ATP Implementation Project 2022-22 to the FY 2024-25 budget of Traffic Signal Modification 2019-2021 Project 2019-33; and 3 .

Authorizing the City Manager to execute an agreement with DC Electric Group, Inc., in an amount not-to-exceed $460,000, to replace six traffic signal controller cabinet assemblies as part of Traffic Signal Modification 2019-2021 Project 2019-33.

Livermore City Council Agenda
May 13, 2024

9 Staff Report

Attachments:

1. Site Locations

2. Resolution

3. Exhibit A - Agreement

5.15 Resolution amending the City of Livermore Salary Plan dated May 2024 to reflect an MOU adjustment for the Livermore Police Officers Association in accordance with California Code of Regulations, Title 2, Section 570.5 and assigning new Class Code numbers to all Job Classifications in connection with the implementation of the new payroll system.

Recommendation:

Staff recommends the City Council adopt a resolution amending the City of Livermore Salary Plan dated May 2024 to reflect an MOU adjustment for the Livermore Police Officers Association and assigning new Class Code numbers to all Job Classifications in connection with the implementation of the new payroll system.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Salary Plan May 2024

5.16 Resolution authorizing the display of the Philadelphia rainbow pride flag for the month of June 2024.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the display of the Philadelphia rainbow pride flag on the flagpole at the Civic Center Campus for the month of June 2024.

Staff Report

Attachments:

1. Resolution

5.17 Resolution calling for and giving notice of the holding of a General Municipal Election and consolidating services with Alameda County on Tuesday, November 5, 2024 for the election of certain officers of the City.

Recommendation:

The City's General Municipal Election is scheduled for Tuesday, November 5, 2024. Staff recommends the City Council adopt a resolution calling for the election and directing the City Clerk, in cooperation with the Alameda County Registrar of Voters, to conduct the election and request consolidation from the Alameda County Registrar of Voters.

Staff Report

Attachments:

1. District Map

Livermore City Council Agenda
May 13, 2024

10 2. Resolution

5.18 Resolution accepting the Single Audit Report related to federal grants for the Fiscal Year Ending June 30, 2023.

Recommendation:

Staff recommends the City Council adopt a resolution accepting the Single Audit Report for Fiscal Year 2022-23 as completed.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Federal Awards Report in Accordance with the Uniform Guidance

5.19 Resolution establishing an interim appeals board to hear and decide appeals of building code violations pursuant to California Building Code section 1.8.8 and directing staff to prepare an ordinance establishing a permanent appeals board.

Recommendation:

The City Attorney’s Office recommends that the City Council adopt a resolution:

1 .

Establishing an interim appeals board to, pursuant to Section 1.8.8 of the California Building Code, hear and decide appeals of building code violations and public nuisance determinations based on those violations, which shall be comprised of three members who are not employees of the City but who are knowledgeable about all applicable building codes, regulations, and ordinances, and which shall sunset on February 28, 2025 unless otherwise replaced by resolution or ordinance. 2 .

Delegating its authority to hear and decide appeals of building code violations and public nuisance determinations based on those violations to the interim appeals board. 3 .

Delegating its authority to the City Council Subcommittee on Advisory Bodies to interview and appoint members to fill vacancies on and remove members of the interim appeals board.
4 .

Directing the City Clerk to facilitate the recruitment of members of the interim appeals board for consideration by the City Council Subcommittee on Advisory Bodies. 5 .

Directing the interim appeals board to comply with the procedures for administrative hearings outlined in Chapter 8.15 of the Livermore Municipal Code as if it were a “hearing officer.”
6 .

Authorizing the City Attorney, or their designee, to establish any additional procedures as appropriate for the conduct of appeals heard and decided by the interim appeals board.
7 .

Directing staff to draft an ordinance for consideration by the City Council on or before February 28, 2025, which establishes a permanent appeals board to hear and decide appeals of building code violations and public nuisance determinations based on those violations.

Staff Report

Attachments:

1. Resolution

Livermore City Council Agenda
May 13, 2024

11 5.20
Approval to send a six-month extension notification letter to Republic Services Vasco Road Landfill.

Recommendation:

Staff recommends the City Council direct staff to send a six-month extension notification letter to Republic Services Vasco Road Landfill to extend the term of the Amended and Restated Agreement Between the City of Livermore and Republic Services Vasco Road, LLC for Disposal of Solid Waste to June 30, 2025.

Staff Report

Attachments:

1. Draft Extension Letter

6. PUBLIC HEARINGS

6.1 Public Hearing to approve the Livermore Sanitation, Inc. requested 3.68% rate adjustment to be effective July 1, 2024.

Recommendation:

Staff recommends the City Council hold a public hearing and approve rates listed in Exhibit H of the Third Amended and Restated Agreement for Solid Waste, Recyclable Materials, and Compostable Materials Services effective July 1, 2024.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Livermore Sanitation Customer Rates for Rate Period Fifteen Exhibit H

7. MATTERS FOR CONSIDERATION - NONE.

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS

9. ADJOURNMENT

To a Special Meeting on Monday, May 20, 2024 at 5:00 pm and a Regular City Council meeting on Monday, June 10, 2023 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.

Livermore City Council Agenda
May 13, 2024

12 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 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:

Livermore City Council Agenda
May 13, 2024

13 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 DAYS IN ADVANCE OF THE MEETING.

Livermore City Council Agenda
May 13, 2024

14 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Assistant City Manager
SUBJECT:

Proclamation recognizing East Bay Housing Organizations 40 th
Anniversary, presented
to Darin Lounds, East Bay Housing Organizations Board Member.

RECOMMENDED ACTION

Staff recommends the City Council r
ecognize East Bay Housing Organizations 40
th
Anniversary.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Trisha Howard
Management Analyst II

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
15 16

CITY COUNCIL STAFF REPORT
ITEM NO. 3.2

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Proclamation declaring May 2024 as Jewish American Heritage Month, presented to Tsahala David, President of Congregation Beth Emek

RECOMMENDED ACTION

Staff recommends City Council declare May 2024 as Jewish American Heritage Month.

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
17 18

CITY COUNCIL STAFF REPORT
ITEM NO. 3.3

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Judy Erlandson, Acting Public Works Director
SUBJECT:

Proclamation declaring May 19-25, 2024, as Public Works Week in the City of Livermore, presented to Judy Erlandson, City of Livermore Acting Public Works Director.

RECOMMENDED ACTION

Staff recommends City Council declare May 19-25, 2024, as Public Works Week in the City of Livermore.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Kathy Hughes
Administrative Assistant

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
19 20

CITY COUNCIL STAFF REPORT
ITEM NO. 3.4

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Jason Alcala, City Attorney
SUBJECT:

Proclamation declaring June as Safety Awareness Month, presented to Jas Sidhu, City of Livermore Risk Manager.

RECOMMENDED ACTION

Staff recommends the City Council declare June as Safety Awareness Month.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Jas Sidhu
Risk Manager

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
21 22

CITY COUNCIL STAFF REPORT
ITEM NO. 5.1

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Judy Erlandson, Acting Public Works Director
SUBJECT:

Adoption of 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.

RECOMMENDED ACTION

Staff recommends that the City Council
adopt 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 update the definition of Fuel and include a provision requiring Fixed Base Operators (FBOs) to provide Unleaded Aviation Fuel.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Redline Changes

2. Ordinance

Prepared by: Deborah
Davis
Administrative Assistant

23 Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
24 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
25 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
26 “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
27 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
28 “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
29 “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
30 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
31 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
32 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)

4. O ptionally , 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, Deﬁnitions of the Minimum Standards for Commercial Aeronautical Activity for Livermore Airport.

ATTACHMENT 1
33 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.
34 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 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. 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 35 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 May 13, 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/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
Acting City Clerk Assistant City Attorney
36 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of a first amendment to the agreement with Schaaf & Wheeler Consulting Engineers for on-call design of repairs for sites damaged during the 2017 and 2023 storm events, hydraulic modeling support, and annual Stream Maintenance Program projects, increasing the not-to-exceed amount from $400,000 to $1,000,000 and extending the term of the agreement two additional years to December 31, 2027.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a first amendment to the agreement with Schaaf & Wheeler Consulting Engineers for on-call design of repairs for sites damaged during the 2017 and 2023 storm events, hydraulic modeling support, and annual Stream Maintenance Program projects, increasing the not-to-exceed amount from $400,000 to $1,000,000 and extending the term of the agreement two additional years to December 31, 2027.

SUMMARY
The City of Livermore (City) experienced storm damage at various sites during the heavy rain events that occurred in 2017 and 2023. Damage included creek bank erosion, sedimentation, trail damage, and debris build-up.

The Engineering Division utilizes an on-call engineering consultant to provide engineering design services for various City projects including the design of repairs for sites damaged during the 2017 and 2023 storm events, design of the annual Stream Maintenance Program projects, and to provide other services as requested.

This first amendment to Schaaf & Wheeler Consulting Engineers agreement increases the not-to-exceed contract amount from $400,000 to $1,000,000 and extends the term of the agreement to December 31, 2027.

DISCUSSION
37 The Engineering Division utilizes an on-call engineering consultant to provide engineering design services for various City projects including repairs for sites damaged during the 2017 and 2023 storm events, the design of the annual Stream Maintenance Program projects, and for other engineering services as requested.

On June 15, 2023, City Council authorized the City Manager to execute an on-call engineering services agreement with Schaaf & Wheeler Consulting Engineers (Consultant) in the amount of $400,000 to provide engineering design services for the sites damaged in the 2023 storm events for a two-and half- year term.

During the current term, the Consultant completed several 2023 storm damage repair projects. In addition to completing the design of repairs for 2023 storm damage, staff is now requesting Schaaf & Wheeler Consulting Engineers to complete the design of repairs to sites damaged during the 2017 storm events which includes the Cottonwood Creek improvements, the Las Positas golf course, and the Arroyo Las Positas Creek improvements. These projects are funded by the Federal Emergency Management Agency. Staff is also requesting Schaaf & Wheeler provide engineering design services for the annual Stream Maintenance Program projects which include removing accumulated silt and debris from creeks and channels.

Additional budget is required to complete the design for sites damaged in the 2017 and 2023 storm events and for the annual Stream Maintenance Program projects. This first amendment increases the Consultant's compensation from $400,000 to a total of $1,000,000 and extends the term of the original agreement to December 31, 2027.

FISCAL AND ADMINISTRATIVE IMPACTS

Funding for services rendered under this agreement will be derived from the various capital improvement projects in the approved FY 2023-28 Capital Improvement Plan and the engineering operating budget for miscellaneous consultant services. Therefore, no additional appropriation is necessary.

COMMUNITY PILLAR

5: A City That Works

GOAL

14: Develop, operate, and maintain the City’s infrastructure.

GUIDING DOCUMENT

Stream Maintenance Program Manual

ATTACHMENTS

1. Resolution

2. Exhibit A - First Amendment to Agreement

38 Prepared by: Mallika Ramachandran
Assistant City Engineer

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

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO THE

ENGINEERING SERVICES AGREEMENT WITH SCHAAF & WHEELER

CONSULTING ENGINEERS FOR ON-CALL DESIGN OF REPAIRS FOR SITES DAMAGED DURING THE 2023 STORM EVENTS AND HYDRAULIC MODELING SUPPORT, REPAIRS TO SITES DAMAGED DURING 2017 STORM EVENTS, AND

ANNUAL STREAM MAINTENANCE PROGRAM PROJECTS, INCREASING THE NOT-TO-EXCEED AMOUNT FROM $400,000 TO $1,000,000 AND EXTENDING THE TERM OF THE AGREEMENT TWO ADDITIONAL YEARS TO DECEMBER 31, 2027 The City of Livermore (“City”) experienced storm damage at various sites throughout the City during the heavy rain events that occurred in 2017 and 2023. Damage included creek bank erosion, sedimentation, trail damage, and debris build-up.

Schaaf & Wheeler Consulting Engineers has provided engineering design services for the 2017 and 2023 storm events, the annual Stream Maintenance Program projects, and they provide other engineering services as requested.

Additional budget is required to complete these projects. This First Amendment increases the Consultant's compensation from $400,000 to a total of $1,000,000 and extends the term of the Original Agreement to December 31, 2027.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIVERMORE, AS FOLLOWS:

1. The City Council authorizes the City Manager to execute a First Amendment to the Engineering Services Agreement with Schaaf & Wheeler Consulting Engineers for on-call design of repairs for sites damaged during the 2023 storm events and hydraulic modeling support, increasing the not-to-exceed amount from $400,000 to $1,000,000 to complete the design of repairs to sites damaged during 2017 storm events and to design annual Stream Maintenance Program projects, and extending the term of the agreement two additional years to December 31, 2027. A copy of the Agreement is attached as Exhibit A and is incorporated by this reference.

2. The City Council 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 May 13, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:
40 RESOLUTION NO. ________
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 – First Amendment to Agreement
41 Amendment – Engineering Services Page 1
Rev. 01/05/2024

FIRST AMENDMENT TO

ENGINEERING SERVICES AGREEMENT
THI
S FIRST AMENDMENT, is made and entered into this ____ day of ________, 2024, by and between the City of Livermore, a municipal corporation (“City”), and Schaaf & Wheeler Consulting Engineers, a California Corporation (“Consultant”).

RECITALS
On June 15,
2023, City and Consultant entered into an agreement for Consultant to provide engineering design services to r epair sites damaged during the 2023 storm events (Agreement 23-0171) for City (“Original Agreement”). Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

Ci
ty and Consultant desire to amend the Original Agreement to include engineering design services to complete the design for sites damaged in the 2017 storm events and to design the annual Stream Maintenance Program projects, and increase the Consultant's compensation by $600,000, and extend the term of the Original Agreement to December 31, 2027. This is the First amendment to the Original Agreement.

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

1. The Or
iginal Agreement is amended as follows:

A. Sec
tion Recitals, Paragraph 1 of the Original Agreement is amended to read as follows:

City requires engineering services to provide on- call engineering services for various City projects including design of repairs for sites damaged during the 2023 storm events, complete the design for sites damaged in the 2017 storm event s and to design the annual Stream Maintenance Program projects and provide other services as requested.

B. Sec
tion 6a of the Original Agreement is amended to read as follows:

Compensation and Payment.
a) The tot
al compensation payable by City to Consultant for the Services required in the Original Agreement and this First Amendment SHALL NOT EXCEED the sum of $1,000,000 (“not to exceed amount”).

1. The com
pensation payable by the City to the Consultant for the Services required by “Exhibit A” to the Original Agreement SHALL DocuSign Envelope ID: B291F8AC-3E9F-46BF-85FE-A22E5B797BD7

EXHIBIT A
42 Amendment – Engineering Services Page 2
Rev. 01/05/2024
NOT Exceed the sum of $400,000.

2. The compensation payable by the City to the Consultant for the Services required by “Exhibit A -1” to the First Amendment SHALL NOT Exceed the sum of $600,000.

Ci
ty shall compensate Consultant for the Services rendered at the hourly rates set forth in “Exhibit A” to the Original Agreement and “Exhibit A -1” to the First Amendment.

Ex
cept 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 cost or labor , licensing, permitting, overhead and administrative costs, and any-and- al l other costs,
expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.

C. Sec
tion 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, 2027 , whichever occurs first.

2. These
amendments are prospective and only apply to the Services 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. Ex
cept as amended above, the Original Agreement remains in full force and effect. [SI
GNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: B291F8AC-3E9F-46BF-85FE-A22E5B797BD7

EXHIBIT A
43 Amendment – Engineering Services Page 3
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.

CONSULT
ANT: Dated:
_______________
_____________ ___________________________
By: Dan Schaaf
Title: Vice President
CITY O
F LIVERMORE: Dated:
_______________
_____________ ____________________________
Marianna Marysheva
City Manager

APPROVE
D AS TO FORM:
_______________
____________
Assistant/City Attorney

APPROVE
D AS TO INSURANCE:

Risk Manager/Analyst
Attachment:

Exhibit A-1 to the First Amendment
DocuSign Envelope ID: B291F8AC-3E9F-46BF-85FE-A22E5B797BD7 3/26/2024 | 9:40 AM PDT

EXHIBIT A
44

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EXHIBIT A-1

ENGINEERING SERVICES FOR ON-CALL STORM DAMAGE REPAIR DESIGN E
ngineering services shall include the following:

1. P
roject development, topographic survey, geotechnical and geomorphology investigations, hy
drology/hydraulics studies, structural calculations, other engineering technical studies, environmental studies, etc.

2. Prepare Plans Specification and Estimates and Construction Documents

3. Prepare project schedules

4. Prepare CEQA Environmental Document (IS/MND)

5. Prepare Environmental Regulatory Permits and coordinate permit approvals with regulatory agencies

6. Provide Bid and Construction Phase Support

7. Prepare meeting minutes

8. Other task as assigned
D
eliverables:
• Engineering Technical Studies and Memorandums
• Environmental Studies
• Geotechnical Report
• CEQA IS-MND
• Regulatory Permits
• Plans, Specification and Estimates (30% to 100% and Construction Documents) • Project schedules
• Meeting minutes
• Other deliverables as requested
DocuSign Envelope ID: B291F8AC-3E9F-46BF-85FE-A22E5B797BD7

EXHIBIT A
45

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EXHIBIT A-1

BILLING RATES

1. Hourly Charge Rate Schedule
Personnel Charges
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.

Current rates by classification are listed below:

Classification 2023 2024 2025 2026 2027
Principal Project Manager $275 $285 $295 $305 $315
Senior Project Manager $250 $260 $270 $280 $290
Senior Engineer $235 $245 $250 $260 $270
Associate Engineer $210 $220 $225 $235 $245
Assistant Engineer $195 $205 $210 $220 $230
Junior Engineer $185 $195 $200 $210 $220
Designer $175 $185 $190 $200 $210
GIS Analyst $175 $185 $190 $200 $210
Technician $160 $165 $170 $175 $180
Engineering Trainee $135 $140 $145 $150 $155
Construction Manager $250 $260 $270 $280 $290
Senior Resident Engineer $235 $245 $250 $260 $270
Resident Engineer $210 $220 $225 $235 $245
Assistant Resident Engineer $190 $200 $205 $215 $225
Litigation Charges
Work done in preparation for litigation and other very high level -of-expertise assignments is charged at $400 per hour. Court or deposition time as an expert witness is charged at $500 per hour.

Materials and Services
Subcontractors, special equipment, outside reproduction, data processing, computer services, etc., will be charged at 1.10 times cost.

Effective 1/1/23
Schaaf & Wheeler

CONSULT ING CIVIL ENGINEERS
4699 Old Ironsides Dr., Suite 350
Santa Clara, CA 95054-1860
(408) 246-4848
DocuSign Envelope ID: B291F8AC-3E9F-46BF-85FE-A22E5B797BD7

EXHIBIT A
46

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Classifications and Hourly Rates (2023‐2027)
Title
2023
Hourly
Rate
2024
Hourly
Rate
2025
Hourly
Rate
2026
Hourly
Rate
2027
Hourly
Rate
Principal Biologist II $195.00 $200.85 $206.88 $213.08 $219.47 GIS Manager $175.00 $180.25 $185.66 $191.23 $196.96
Principal Biologist I $165.00 $169.95 $175.05 $180.30 $185.71 Program Manager $160.00 $164.80 $169.74 $174.84 $180.08 Principal Regulatory Specialist $150.00 $154.50 $159.14 $163.91 $168.83 Assistant Project Manager $130.00 $133.90 $137.92 $142.05 $146.32 Biologist III $135.00 $139.05 $143.22 $147.52 $151.94
Biologist II $115.00 $118.45 $122.00 $125.66 $129.43
Biologist I $90.00 $92.70 $95.48 $98.35 $101.30
Mileage billed at current federal rate, direct expenses billed at cost.

RATE SCHEDULE
Effective: January 1, 2023
Director/Principal................................. $256-272 Senior Associate .................................. $237-256 Associate ......................................................$210 Senior Scientist.............................................$185 Scientist ........................................................$171 Senior Technician.........................................$147 Technician ....................................................$123 Rates shown are per hour and subject to an
annual adjustment each January 1st.

Necessary project expenses and subconsultants
are billed at cost plus ten percent.

Landscape Design
Senior Restoration Designer ........................$256 Sr Associate Landscape Architect...............$237
Associate Landscape Architect ...................$210
Landscape Architect ....................................$185 Senior Landscape Designer .........................$171 Landscape Designer II .................................$147 Landscape Designer I ..................................$132 Environmental Planning
Environmental Planning Director.................$256
Senior Environmental Planner .....................$256 Senior Open Space Planner .........................$256 Sr Associate Environmental Planner ...........$237
Associate Environmental Planner................$210
Environmental Planner II .............................$185 Environmental Planner I ..............................$171 Assistant Environmental Planner II .............$147
Assistant Environmental Planner ................$132
Conservation Strategies
Conservation Strategies Sr Project Mgr......$256
Conservation Strategies Sr Associate .........$237
Conservation Strategies Associate..............$216
Conservation Strategies Sr Scientist ...........$190
Conservation Strategies Scientist ...............$1 73
Conservation Strategies Sr Technician .......$154
Conservation Strategies Technician............$136
Engineering
Senior Engineer ........................................$256 Sr Associate Engineer ..............................$237 Associate Engineer...................................$216 Engineer II ................................................$190 Engineer I .................................................$173 Assistant Engineer II ................................$154 Assistant Engineer ...................................$136 GIS Mapping & Analysis
GIS Manager ............................................$237 GIS Professional II....................................$198 GIS Professional .......................................$171 GIS Sr Technician .....................................$147 GIS Technician..........................................$132 Compliance Monitoring
(Overtime = Rate x 1.5)
Project Biologist .......................................$100 Field Specialists
Senior Field Technician............................$171 Field Technician .......................................$132 Junior Field Technician ............................$106 Clerical Support .........................................$91 Expert Witness ................................ Rate x 1.5 DocuSign Envelope ID: B291F8AC-3E9F-46BF-85FE-A22E5B797BD7

EXHIBIT A
47

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HOURLY RATE SCHEDULE
Effective March 1, 2023, through February 29, 2024. Rates are subject to annual adjustment Principal............................... ................................................................................................ ................................................................ ..............$ 293.00 / Hour Principal Engineer ............................................................................................... ...................................................................................... $ 266.00 / Hour Senior Engineer Manager............................................................................................... ................................................................ ...... $ 245.00 / Hour Technical Manager ............................................................................................... ................................................................ ................... . $ 245.00 / Hour Senior Engineer ............................................................... ................................................................ ............................................................ $ 232.00 / Hour Engineer III............................................................... ................................................................ ................................................................ ........ $ 216.00 / Hour Engineer II ............................................................... ................................................................ ................................................................ .........$ 180.00 / Hour Engineer I ............................... ................................................................................................ ................................................................ .......... $ 150.00 / Hour Senior Survey Construction Manager ............................................................... ................................................................ ..........$ 239.00 / Hour Senior Land Surveyor............................................................................................... ................................................................ ...............$ 239.00 / Hour Project Surveyor III ............................................................................................... ..................................................................................... .$ 214.00 / Hour Project Surveyor II............................................................................................... ....................................................................................... .$ 173.00 / Hour Project Surveyor I ............................................................................................................................. .......................................................... $ 148.00 / Hour Survey Coordinator ............................................................................................... ................................................................ ................... .$ 204.00 / Hour Engineering Tech III............................................................................................... ................................................................ ................... $ 194.00 / Hour Engineering Tech II ............................................................................................... ................................................................ .................... $ 176.00 / Hour Engineering Tech I............................................................................................... ...................................................................................... $ 164.00 / Hour Draftsman / Survey Tech III ............................................................................................... ................................................................ $ 150.00 / Hour Draftsman / Survey Tech II............................................................................................... ................................................................ ...$ 124.00 / Hour Draftsman / Survey Tech I............................................................................................... ................................................................ .... $ 114.00 / Hour 3-Man Survey Crew ............................................................................................... ................................................................ ...................$ 420.00 / Hour 2-Man Survey Crew ............................................................................................... ................................................................ ................... $ 332.00 / Hour 1-Man Survey Crew............................................................................................... ................................................................ ................... .$ 205.00 / Hour Testimony (Trial or Deposition) ............................................................................................... ........................................................ . $ 572.00 / Hour Project Coordinator III ........................................................................................................... .................................................................. $ 140.00 / Hour Project Coordinator II............................................................................................... ................................................................ .................$ 123.00 / Hour Project Coordinator I ............................................................................................... ................................................................ ................. $ 107.00 / Hour Engineering / Survey Intern............................................................................................... ................................................................ .. $ 62.00 / Hour 3D Laser Scanning Crew............................................................................................... ................................................................ ....... $ 409.00 / Hour All blueprinting and reproduction will be billed at cost plus 10%.

Time spent for preparation for testimony will be billed in accordance with the above hourly rates.

DocuSign Envelope ID: B291F8AC-3E9F-46BF-85FE-A22E5B797BD7

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Prevailing Wage Hourly Fee Rates and Equipment Charges
Through December 31, 2023.. Rates are subject to annual adjustment Administrative Assistant $105
Engineering Technician I $180
Construction Services Administrator $135
Engineering Technician II $180
Technical Illustrator/CAD Operator $150
Supervisory Technician $180
Staff Engineer or Geologist $180
Senior Supervisory Technician $180
Senior Staff Engineer or Geologist $193
Project Engineer or Geologist $215
Principal Construction Services $215
Senior Project Engineer or Geologist $220
Principal Engineer or Geologist $265
Senior Principal Engineer or Geologist $295
Charges for personnel will be made in accordance with the above rates. For field engineers, geologists and technicians, regular rates are normal workday construction hours (Monday through Friday). For time spent over 8 hours in a day, time spent after 5 p.m., time spent on swing shifts, and time spent on Saturdays by field personnel, overtime rates will be charged at 1.5 times the hourly rate. Work on Sundays and holidays and work in excess of 12 hours in one day will be charged at 2.0 times the hourly rate. Field rates are based on a 48-hour notice. For less than a 48-hour notice, a 10 percent surcharge will be added. All field personnel, vehicle and equipment charges are portal to portal. Reproduction of project documents will be charged as a project expense. The hourly rate for professional staff to attend legal proceedings will be 2.0 times the hourly rate specified above.

Equipment Charges Geotechnical Laboratory Tests
Vehicle
Nuclear Density Gauge
55-Gallon Drum
GPS Unit
Hand Auger Equipment
Power Auger
PDR-1000 Dust Meter (3)
PID ppmv
PID ppbv
Air Pump
Weather Station
Benkelman Beam
Double Ring Infiltrometer
Dynamic Cone
Differential Pressure Gauge
Air Flow Sensors
Pressure Control Testing
Depth Sounder
Liner and Two Caps
Core N One Sampler
Core N One Handle
Modeling Software
Plotter
Drone
$28 per hour
$11 per test
$100 each
$90 per day
$50 per day
$125 per day
$300 per day, $1,200 per week, $4,000 per month
$130 per day, $600 per week, $2,000 per month
$150 per day, $650 per week, $1,950 per month
$80 per day, $350 per week, $1,000 per month
$80 per day, $350 per week, $1,000 per month
$175 per day, $750 per week, $2,800 per month
$100 per day
$100 per day
$50 per day
$50 per day
$275 per day
$50 per day
$12 each
$50 each triplicate sample
$60 each
$25 per hour
$10 per plot
$50 per hour
Compaction Curve
Compaction Check Point
Plasticity Index
Sieve/Hydrometer
Moisture Content
Moisture/Density
-#200 Wash
Sieve < ¾ inch Liner (small)
Sieve > ¾ inch Bucket (Large)
Lime Stability
Consolidation
Soil Corrosion Testing
Tests Run
During Normal
Workday Hours
Tests Run
Outside
Workday Hours
$330 each
$170 each
$250 each
$250 each
$8 each
$30 each
$60 each
$125 each
$225 each
$360 each
$415 each
$235 each
$495 each
$270 each
$350 each
$350 each
$10 each
$50 each
$80 each
$190 each
$330 each
$550 each
$680 each
$450 each
Direct Expenses
Reimbursement for the direct expenses listed below incurred in connection with the Work will be billed at cost plus 18 percent. 1) Drillers, utility locators, laboratories, contractors, hygienists, and consultants 2) Rented vehicles, public transportation, tolls, and air flights 3) Permits and special fees, insurances and licenses required to perform Work 4) Computer programs and rented field equipment
5) Large volume copying of project documents
6) Maps, photographs, and environmental databases
7) Overnight or same day delivery charges
8) Copying or production of over-sized figures and plans If personnel are assigned to a project 100 miles or more from an office, $175 per diem per person allowance will be charged. Unless mutually agreed in writing, Cornerstone will hold samples collected during the performance of the Work no longer than thirty (30) calendar days after their date of collection; project samples requested to be held greater than thirty (30) calendar days will be billed at $100 per every ninety (90) calendar days. If payment is not received within 30 days of invoice date, the samples will be discarded.

Payment
Payment for Work completed is due upon receipt of Cornerstone’s statement. Fixed fee or lump sum services will be billed for the agreed fixed fee. A service charge of 1.5 percent per month will be charged on accounts not paid within 30 days.

Prevailing Wage
Client must notify Cornerstone in writing if the Work is subject to “prevailing wage” under local, state or federal laws.

DocuSign Envelope ID: B291F8AC-3E9F-46BF-85FE-A22E5B797BD7

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Biggs Cardosa Associates
Name/Job Title/Classification1 Hourly Billing Rates3 Straight OT(1.5x) OT(2x)
Effective date of hourly rate
From To
Actual or Avg.

Hourly Rate4
% or $
increase
Hourly range - for classifications only
Anthony Notaro / Structures Manager / Associate $ 228.24 N/A N/A 1/1/2023 9/30/2023 $ 78.75 Not Applicable $ 239.65 N/A N/A 10/1/2024 9/30/2024 $ 82.69 5.00% Not Applicable $ 251.63 N/A N/A 10/1/2025 9/30/2025 $ 86.82 5.00% Not Applicable $ 264.22 N/A N/A 10/1/2026 9/30/2026 $ 91.16 5.00% Not Applicable Francisco Castillo / Structures Lead / Engineering
Manager
$ 186.85 N/A N/A 1/1/2023 9/30/2023 $ 64.47 Not Applicable $ 196.19 N/A N/A 10/1/2024 9/30/2024 $ 67.69 5.00% Not Applicable $ 206.00 N/A N/A 10/1/2025 9/30/2025 $ 71.08 5.00% Not Applicable $ 216.30 N/A N/A 10/1/2026 9/30/2026 $ 74.63 5.00% Not Applicable Principal $ 289.83 N/A N/A 1/1/2023 9/30/2023 $ 100.00 $ 100.00 to $ 120.00 $ 304.32 N/A N/A 10/1/2024 9/30/2024 $ 105.00 5.00% $ 105.00 to $ 126.00 $ 319.54 N/A N/A 10/1/2025 9/30/2025 $ 110.25 5.00% $ 110.25 to $ 132.30 $ 335.51 N/A N/A 10/1/2026 9/30/2026 $ 115.76 5.00% $ 115.76 to $ 138.92 Associate $ 275.34 N/A N/A 1/1/2023 9/30/2023 $ 95.00 $ 86.00 to $ 99.00 $ 289.10 N/A N/A 10/1/2024 9/30/2024 $ 99.75 5.00% $ 90.30 to $ 103.95 $ 303.56 N/A N/A 10/1/2025 9/30/2025 $ 104.74 5.00% $ 94.82 to $ 109.15 $ 318.74 N/A N/A 10/1/2026 9/30/2026 $ 109.97 5.00% $ 99.56 to $ 114.60 Engineering Manager $ 231.86 N/A N/A 1/1/2023 9/30/2023 $ 80.00 $ 75.00 to $ 85.00 $ 243.46 N/A N/A 10/1/2024 9/30/2024 $ 84.00 5.00% $ 78.75 to $ 89.25 $ 255.63 N/A N/A 10/1/2025 9/30/2025 $ 88.20 5.00% $ 82.69 to $ 93.71 $ 268.41 N/A N/A 10/1/2026 9/30/2026 $ 92.61 5.00% $ 86.82 to $ 98.40 Senior Engineer $ 202.88 N/A N/A 1/1/2023 9/30/2023 $ 70.00 $ 68.00 to $ 74.00 $ 213.02 N/A N/A 10/1/2024 9/30/2024 $ 73.50 5.00% $ 71.40 to $ 77.70 $ 223.67 N/A N/A 10/1/2025 9/30/2025 $ 77.18 5.00% $ 74.97 to $ 81.59 $ 234.86 N/A N/A 10/1/2026 9/30/2026 $ 81.03 5.00% $ 78.72 to $ 85.66 Project Engineer $ 176.80 N/A N/A 1/1/2023 9/30/2023 $ 61.00 $ 60.00 to $ 65.00 $ 185.63 N/A N/A 10/1/2024 9/30/2024 $ 64.05 5.00% $ 63.00 to $ 68.25 $ 194.92 N/A N/A 10/1/2025 9/30/2025 $ 67.25 5.00% $ 66.15 to $ 71.66 $ 204.66 N/A N/A 10/1/2026 9/30/2026 $ 70.62 5.00% $ 69.46 to $ 75.25 Staff Engineer $ 162.30 N/A N/A 1/1/2023 9/30/2023 $ 56.00 $ 54.00 to $ 59.00 $ 170.42 N/A N/A 10/1/2024 9/30/2024 $ 58.80 5.00% $ 56.70 to $ 61.95 $ 178.94 N/A N/A 10/1/2025 9/30/2025 $ 61.74 5.00% $ 59.54 to $ 65.05 $ 187.89 N/A N/A 10/1/2026 9/30/2026 $ 64.83 5.00% $ 62.51 to $ 68.30 Assistant Engineer $ 144.91 N/A N/A 1/1/2023 9/30/2023 $ 50.00 $ 48.00 to $ 53.00 $ 152.16 N/A N/A 10/1/2024 9/30/2024 $ 52.50 5.00% $ 50.40 to $ 55.65 $ 159.77 N/A N/A 10/1/2025 9/30/2025 $ 55.13 5.00% $ 52.92 to $ 58.43 $ 167.76 N/A N/A 10/1/2026 9/30/2026 $ 57.88 5.00% $ 55.57 to $ 61.35 Junior Engineer $ 127.52 N/A N/A 1/1/2023 9/30/2023 $ 44.00 $ 40.00 to $ 47.00 $ 133.90 N/A N/A 10/1/2024 9/30/2024 $ 46.20 5.00% $ 42.00 to $ 49.35 $ 140.60 N/A N/A 10/1/2025 9/30/2025 $ 48.51 5.00% $ 44.10 to $ 51.82 $ 147.63 N/A N/A 10/1/2026 9/30/2026 $ 50.94 5.00% $ 46.31 to $ 54.41 Senior Computer Drafter $ 153.61 N/A N/A 1/1/2023 9/30/2023 $ 53.00 $ 50.00 to $ 55.00 $ 161.29 N/A N/A 10/1/2024 9/30/2024 $ 55.65 5.00% $ 52.50 to $ 57.75 $ 169.35 N/A N/A 10/1/2025 9/30/2025 $ 58.43 5.00% $ 55.13 to $ 60.64 $ 177.82 N/A N/A 10/1/2026 9/30/2026 $ 61.35 5.00% $ 57.88 to $ 63.67 Computer Drafter $ 104.34 N/A N/A 1/1/2023 9/30/2023 $ 36.00 $ 30.00 to $ 45.00 $ 109.55 N/A N/A 10/1/2024 9/30/2024 $ 37.80 5.00% $ 31.50 to $ 47.25 $ 115.03 N/A N/A 10/1/2025 9/30/2025 $ 39.69 5.00% $ 33.08 to $ 49.61 $ 120.78 N/A N/A 10/1/2026 9/30/2026 $ 41.67 5.00% $ 34.73 to $ 52.09 BIM/Visualization Specialist $ 139.12 N/A N/A 1/1/2023 9/30/2023 $ 48.00 $ 40.00 to $ 52.00 $ 146.07 N/A N/A 10/1/2024 9/30/2024 $ 50.40 5.00% $ 42.00 to $ 54.60 $ 153.38 N/A N/A 10/1/2025 9/30/2025 $ 52.92 5.00% $ 44.10 to $ 57.33 $ 161.05 N/A N/A 10/1/2026 9/30/2026 $ 55.57 5.00% $ 46.31 to $ 60.20 Admin/ Secretarial Services $ 104.34 N/A N/A 1/1/2023 9/30/2023 $ 36.00 $ 30.00 to $ 45.00 $ 109.55 N/A N/A 10/1/2024 9/30/2024 $ 37.80 5.00% $ 31.50 to $ 47.25 $ 115.03 N/A N/A 10/1/2025 9/30/2025 $ 39.69 5.00% $ 33.08 to $ 49.61 $ 120.78 N/A N/A 10/1/2026 9/30/2026 $ 41.67 5.00% $ 34.73 to $ 52.09 NOTES:

1. Keypersonnelmust be marked with an asterisk (*) and employeesthat are subjectto prevailingwage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall notbe amended.

3. Billing rate = actual hourlyrate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must complywith the Federal cost principles for reimbursement.

4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.

DocuSign Envelope ID: B291F8AC-3E9F-46BF-85FE-A22E5B797BD7

EXHIBIT A
50 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of a first amendment to the agreement with Gannett Fleming, Inc. increasing the not-to-exceed amount from $952,000 to $2,052,000 for additional construction management and inspection services associated with the Livermore Village Parking Garage Construction Project 586003.

RECOMMENDED ACTION

SUMMARY
This Professional Services Agreement with Gannett Fleming, Inc. provides for construction management services in connection with the Livermore Village (L Street) Parking Garage. The L Street Parking Garage is currently under construction east of L Street, between Veterans Way and First Street as shown in Attachment 1. When completed, the parking garage will be 4 levels and contain 452 parking spaces.

This amendment increases the budget for construction management services and adds inspection services to the contract. Services include providing daily inspections and reports, leading weekly meetings, maintaining project documentation, coordinating construction activities, managing submittals, elevator inspections and commissioning, assistance with change orders, project commissioning, and project close-out. This first amendment in the amount of $1,100,000 increases the total not-to-exceed amount of the agreement from $952,000 to $2,052,000.

DISCUSSION
The L Street Garage Construction Project 586003 consists of two phases. Phase 1 has been completed and included reconfiguring the surface parking lot east of the future garage, constructing a trash enclosure facility, and installing infrastructure for 16 electrical vehicle fast chargers. Phase 2 involves 51 construction of the parking garage and the remaining site improvements. City Council awarded the Phase 2 construction contract on November 28, 2022, and began construction April 17, 2023.

On February 14, 2023, Council approved a professional services agreement with Gannett Fleming in an amount of $952,000 for construction management services. In order to complete the project, additional construction management activities are required. As the vertical construction of the garage begins, additional inspections will be required to ensure structural reinforcement, plumbing, electrical, security, and technology systems are installed correctly prior to concrete pours. Commissioning services will also be required to witness and confirm testing of the different systems in the garage. This first amendment will ensure uninterrupted full-time construction management support services through completion of the Phase 2 construction.

Additional construction management services include the following:

Maintaining project documentation
Reviewing and analyzing the contractor's schedule updates Coordinating construction activities and inspections
Overseeing inspections
Providing daily inspections and daily inspection reports Managing submittals and requests of information
Identifying problems and assisting with change orders
Providing elevator inspections and commissioning services Assisting with commissioning and project close-out

This first amendment will increase the amount of the agreement by $1,100,000 to a total amount of $2,052,000. The $2,052,000 contract amount is approximately 6.8% of the $30,090,000 construction contract. This is within the typical range for construction management services which can be up to 10% of the construction contract.

FISCAL AND ADMINISTRATIVE IMPACTS

The budget for Livermore Village Parking Garage Construction Project 586003 in the 2023-2028 Capital Improvement Plan covers the cost of this first amendment and all other project costs; therefore, no additional appropriations are necessary. Funding is from 2022 COP Debt Construction Fund 320.

COMMUNITY PILLAR
4: Inclusive & Inviting Spaces & Places

GOAL
3: Continue to implement the Downtown Specific Plan

GUIDING DOCUMENT

Downtown Specific Plan

ATTACHMENTS
52 1. Site Plan

2. Resolution

3. Exhibit A - Agreement

Prepared by: Farnoush Levers
Assistant City Engineer

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO THE AGREEMENT WITH GANNETT FLEMING, INC. INCREASING THE NOT-TO- EXCEED AMOUNT FROM $952,000 TO $2,052,000 FOR ADDITIONAL

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
(Livermore Village Parking Garage Construction Project 586003) The Engineering Division requires a consultant to provide construction management services for the Livermore Village (L Street) Parking Garage Construction, Project 586003.

The project involves constructing a four level, 452 space parking garage, and other site improvements, at the Livermore Village Site.

On February 14, 2023, the City of Livermore (City) entered into a Professional Services Agreement with Gannett Fleming, Inc. for construction management services associated with the L Street Garage Construction Project 586003.

Additional construction management and inspection services are required to manage and support construction of the Livermore Village Parking Garage (L Street Garage) Construction, Project No. 586003. Staff recommends executing a First Amendment to the Professional Services Agreement with Gannett Fleming, Inc., increasing the not-to-exceed amount from $952,000 to $2,052,000, for the Livermore Village Parking Garage project.

This First Amendment will ensure uninterrupted full-time construction management support services through completion of the L Street Garage.

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 First Amendment to the Professional Services Agreement with Gannett Fleming, Inc., attached hereto as Exhibit A, increasing the not-to-exceed amount from $952,000 to $2,052,000 for additional construction management and inspection services associated with the Livermore Village (L Street) Parking Garage Construction Project 586003.

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 May 13, 2024, by the following vote:
55 RESOLUTION NO. ________
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 – First Amendment to the Agreement with Gannett Fleming, Inc. 56 Amendment - Professional Services Agreement Page 1
Rev. 09/19/23

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT is made and entered into this ____ day of ________, 2024, by and between the City of Livermore (“City”), a municipal corporation, and Gannett Fleming, Inc. (“Consultant”), a Delaware corporation.

RECITALS
On February 14, 2023, City and Consulta nt entered into an agreement for Consultant to provide professional constructi on management services to City (“Original Agreement”). Section 21 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 increase total compensation from $952,000 to $2,052,000.00. 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 Agreemen t is amended to read as follows:

Description of Services. Cons ultant shall provide construction management services as more particularly set forth in Exhibit A to the Original Agreement and Exhibit A-1 to the First Amendment to the Agreement.

B. Section 5 (a) of the Original Agreement is amended to read as follows:

The total compensation payable by Ci ty to Consultant for the Services SHALL NOT EXCEED the sum of $2,052,000.00 ("not-to-exceed amount").

1. The compensation payable by the City to Consultant for the services required by Exhibit A to the Or iginal Agreement SHALL NOT EXCEED $952,000.00.

2. The compensation payable by the City to Consultant for the Services required by Exhibit A-1 to the First Amendment SHALL NOT EXCEED $1,100,000.00.

City shall compensate Consultant for the Se rvices rendered at the hourly rates, task amounts or travel expenses as se t forth in Exhibit A to the Original Agreement and Exhibit A-1 to the First Amendment up to the not-to-exceed

EXHIBIT A
57 Amendment - Professional Services Agreement Page 2
Rev. 09/19/23
amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are inte nded to be the Consultant’s only compensation for the Services and is incl usive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-and-all other costs, expenses and charges incurred by Consul tant its agents, and employees to provide the Services.

2. These amendments are prospective and only apply to the Services 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.

EXHIBIT A
58 Amendment - Professional Services Agreement Page 3
Rev. 09/19/23
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.

Vice President
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna Marysheva
City Manager
APPROVED AS TO INSURANCE:

Attachments:

Exhibit A-1

EXHIBIT A
59 DocuSign Envelope ID: 13BBA02B-0BF1-466C-90F8-50A21ACD10DA v .!. ',J GANNETT
� FLEMING
CttyofUwermore
Cost of Construction M.,•,ement Servfces-UVERMORE VILLAGE PAFIKING GAAAGE PROJECT a U\11:RMORE VILLAGE TRASH EN ClOSURE
Task1:PN!-Consbudlon
Task2:Construction
Task3:Post-Co�ction
Exhibit A-1
Estlm,ted NTP (CM senilees�
Enlm•MCompletlon:

April l, 2024-Arnendmell1 No l
Febnl,ryl,2023
Febru,ryZS,2025
LoNICI Jan Feb Mar � May June July � Sep 0d Nov DK Jiln Feb Ma Af1l May June Juty Aul Sep Ckt NO¥ DK Jan Feb 11111n ak1:Pre-tolmNtdon
ConstructlonMana er/RE
ConstructionlnsnectorNo. 1- Contin forConcurren1n....r1tionsCoveraP,.l ..

Qffi,;,,En in...,r OocumO'ntContr,;,I
Elevator lnsPtttat (VTX a GF Compamvl
Subconsult.lnl:
akZ:CoNtnldlon
ProiodMam1 er
ConstructionMan;iur/RE
Construction lnso,e<;tor No. 1- /ContinfflK'I for Cancu1nnt �rations �raul ..

Offi,;,:,En in,:,,:,r Oocum,:,ntControl
Part TimeSc:h,:,dukr
Elevate,, lrm1ector VTX ;r GF Comoamvl
akJ:Pflt-eonstnldlon
ProiectM;rn;r er
ConstructionMan;r-r/RE
Constructionlnslleci:orNo. 1- ContinaencvforConcurrentDtler;rtionsCover;r e •• Offic:eEn ineer DocumentControl
PartlimeStheduler
Elev.rtorlns .rGfComnamlll
Suownsut;rnt:

Vehicles E.rch=rmonth
Prooore-OocumentControlSvstem
PerDiem/Tr;;rvel/rent;rle;;rr forVTXI
• inspector Rites, If needed, ,re besed on current DIR Prevan!ng w-., Oetermln1tlon.

SUBTOTAL: lABOR
SUBTOTAL:CIOC5
M;n.1rlceEIHa eP E

80.00 85.00
214.22
227.61
Marvan�Martine2 � 58.00 15S.31
James Galle o $ 95.00 $ 254.39
Ma1,1rice EIHa-PE $ 128.00 342.76
�lil<Aia,..; 80 214.22
Ell,:,nPetrini
Is - I so.oo
I I so.oo
M;ruriceEIH;rRe,PE S 128.00 $ 342.76
�lixAia,..; 80.00 $ 214.22
Bri;rnBar<:elon;r 85.00 $ 227.61
Ellen Petrini 58.00 155.31
JimesGalle o 95.00 254.39
$0.00
1<;957,00
15500.00
•• Constrl.lcUon lmp•<;tor No. 1 a, b.id<.up (n�..:lt. Prq;>01lnga,CQntinpn<yforCompl1� Prcj�eo-..•11 o(Con1;:1,1rr.ntContr1ctorOp1r1tlom. • Fees 1,e bued on estimated 18 month project dur1tlon with profession1I seNlees NTP 1ntldP1ted December LS, 2022. • Should the actual schedule require more or low professional servlots thin proposed 1d/ustments to thfs estlm1111! maybe required. • � ralieS1re ,tr1W,t-tlme rates. OV.rtlme, rain, holidays and potential time emnslonsor delays may..,,...11 In add!Uonal professional ser-1<:es. -Nl1htwork1ndOvertlmew,llbebilled1l1 p,.,.rata1djuslledrate. •Ovenlmebllledln accordance\YlthState andFederallaw.
•W1gftforfnspectlon subject10C.llf.UlborCodeSectlonl772. 00enatesemployees/d1ssi�catlons1h111 re subjea10p-nin1-• •Thls estlmate lsb1sedon speclficoc:opeofwork1ssumptions. •Clfentwlllbebnledoolyfo rlloursworked.
"' 10> 184 168 168 10> 168 168
168 10> 168 ' ., "" ., "" " " "" .., . . ,. ,.
10> 184 168 168 168 168 168 168 168
' 168 168 168 168 168 168 168
.., "' "' "' "' .. .. .. .. .. .. .. " ,.
168 168
168 168
"' "' " "
.. .. ' ' ., "
16 16
184
"" """
1712
'" ..
'
16 168
"
s s
Is
Is
$
5,484.16
35,988.96
REVISEO TOTAL Of CONTRACT $
Orlf:ln1IContract
Revlsed-rkpltn
Contingency
Amendment Amount
Construction S.rvloes West• California and NorlhMst Regional L11d1r 1,n2,211.oo
47,075.00
$2,0SZ.000
$952,000
$92 9,330
$170,670
$L100,000

EXHIBIT A
60 CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Assistant City Manager
SUBJECT:

Resolutions authorizing execution of agreements with Independent Code Consultants Inc. and 4LEAF Inc. to provide on-call plan review, inspections, and permit technician services in an amount not-to-exceed $460,000 per contract over a five-year term.

RECOMMENDED ACTION

SUMMARY
Staff recommends approval of agreements for professional services to perform work duties otherwise performed by multiple vacant positions and anticipated increased workload due to multiple housing and commercial projects approved for construction. The consultants will perform permit technician duties, inspections, Certified Access Specialist (CASp) consultation, and on-call review of plans and related documents for compliance with the State of California Building Law, and provide customer consultation, including job site visits, inspections, technical support, and training to staff as directed. The agreement with Independent Code Consultant Inc. and 4LEAF Inc.
will allow the City to supplement staffing
resources for a period of five years and will be part of the Fiscal Year 2024-25, 2025-26, 2026-27, 2027- 28, and 2028-29 budgets.

DISCUSSION
The building division requires two consultants to provide plan review, permit technician services, site inspections, CASp consultation, technical support, and training for staff as directed. The consultants will assist staff in performing timely plan review during workload surges and low staffing times. Currently, the building division has multiple vacant positions, including a building inspector position, and plan check Engineer.

Staff recommends renewing professional services agreements with two building consulting firms that 61 were previously approved in 2022, 2023, and 2024. The two firms were selected based on overall experience, familiarity with Livermore processes, quality of personnel, and their ability to respond to the City's needs on a timely basis. Both firms and their personnel have worked satisfactorily under prior agreements on permits, plan reviews, field inspections, and customer consultations. Over the past two years, both firms have provided much needed assistance on a variety of projects, including photovoltaic projects, new commercial buildings, new residential multi-unit developments, single-family projects, electrical vehicle chargers, and additional work related to structural reviews for multifamily and commercial projects. Building activity is anticipated to continue growing steadily based on the number of projects that are in the Planning and Building review pipeline. Additionally, multiple housing and commercial projects have been approved for construction and Public EV charging facilities installation has been increasing to meet the Electric vehicle demand, adding to the need for these services.

Each proposed agreement begins July 1, 2024, and terminates June 30, 2029, with a maximum expenditure allowance of $460,000 per agreement over the 5-year period. These agreements authorize the Chief Building Official to approve work tasks related to the contract within the overall budget amount.

FISCAL AND ADMINISTRATIVE IMPACTS
The total amount of work between the two consulting firms is expected to be approximately $920,000 over a 5-year period beginning on July 1, 2024. Funding for services rendered under these agreements is partially included in the building operating budget for consultant services in FY 2024-25 and the remaining funding will be added to the subsequent budgets.

COMMUNITY PILLAR

1: A Safe Community That Thrives

GOAL

6: Provide efficient and effective permit processing services.

ATTACHMENTS

1. Resolution - Independent Code Consultants

2. Exhibit A - Agreement Independent Code Consultants Inc.

3. Resolution - 4LEAF Inc.

4. Exhibit A - Agreement 4LEAF Inc.

Prepared by: Franc Moufarrej
Acting Assistant Community
Development Director

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

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
WITH INDEPENDENT CODE CONSULTANTS INC. FOR ON-CALL
CONSULTING SERVICES IN AN AMOUNT NOT-TO-EXCEED $460,000

FOR A FIVE-YEAR TERM
The Building Division requires two building consultants to provide plan review, permit technician services, site inspections, CASp consultation, technical support, and training for staff as directed. The consultants will assist staff in performing timely plan review and customer service during workload surges and low staffing times.

City of Livermore (“City”) Staff selected two firms based on overall experience, familiarity with Livermore processes, quality of personnel, and ability to respond to the City's needs on a timely basis. Based on the evaluation of the written proposals and interview results, two consultants, including Independent Code Consultants Inc., were selected for on-call plan review services, permit technician services, field inspections, and to provide customer consultation.

The proposed agreement allows for on-call plan check, site inspections, and permit technician services to commence July 1, 2024, and terminate June 30, 2029.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to execute an agreement with Independent Code Consultants Inc., attached hereto as Exhibit A, for on-call plan check, permit technician, inspections, and CASp consultation services, in an amount not-to-exceed $460,000 for a five-year term.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 13, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
Acting City Clerk Deputy City Attorney Exhibit A – Independent Code Consultants Agreement
64 Professional Services Agreement Page 1
Rev. 09/19/23

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2024, by and between the City of Livermore (“City”), a municipal corporation, and Independent Code Consultants Inc. (“Consultant”), a California corporation.

RECI
TALS
Ci
ty requires professional services to perform 'on-call' permit technician duties; inspections; CASp consultations; and review of plans and related documents for compliance to State of California Building Law as generally contained in the California Code of Regulations Title 24, Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 11, 12; and provide customer consultation, including visit job sites, inspections, technical support, and training to staff as requested..

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

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

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”):

On c
all and as requested by the City at the prices listed in Exhibit A: Professional Plan Review, CASp Consultations, Inspection and Permit Technician services to provide customer consultation on behalf of the City. Duties include: visit job sites; provide technical support; provide training to staff as directed; inspections; and perform review of plans and related documents for compliance to State of California Building Law as generally contained in the California Code of Regulations Title 24, Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 11, and 12, which covers structural, fire and life safety, disabled access, electrical, plumbing, mechanical, green building, and energy conservation requirements - all as modified and adopted by the City of Livermore.

DocuSign Envelope ID: E26C969D-2961-4AEC-ADE9-BB935C7F18FA

EXHIBIT A
65 Professional Services Agreement Page 2
Rev. 09/19/23

4. Consultant’s Responsibilities. Consultant shall:
(
a) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;
(b) P
rovide the resources necessary to complete the Services in a timely manner;
(
c) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
(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 Franc Moufarrej , Chief Building Official (“Project Manager”), or such other person designated as the Project Manager by City; (
g) Be available to the Project Manager, and other parties referred to Consultant by the Project Manager, to answer questions or inquiries related to the Services;
(
h) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested. Consultant shall not submit an invoice to City more frequently than once a calendar month; (i) Keep
and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

Consultant shall make the i nvoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Consultant shall give City 30 calendar-days’ written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants them, Consultant and City shall coordinate their delivery to City in the most efficient manner possible;
(j)
Prepare and submit a written report to the Project Manager, within 3 business-days of the Project Manager’s written request, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;
(
k) Consultant shall correct, at its own expense, all errors in the S ervices.

Should Consultant fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant;
DocuSign Envelope ID: E26C969D-2961-4AEC-ADE9-BB935C7F18FA

EXHIBIT A
66 Professional Services Agreement Page 3
Rev. 09/19/23
(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) T
he total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $ 460,000 ( "not-to-exceed amount"). City shall compensate Consultant for the Services rendered at the hourly rates, task amounts or travel expenses set forth in Exhibit “A” up to the not -to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs , and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.
(b
) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.

6. Term. The term of this Agreement commence s on July 1, 2024, and terminates upon the completion of the Services or June 30, 2029, whichever occurs first.

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

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

DocuSign Envelope ID: E26C969D-2961-4AEC-ADE9-BB935C7F18FA

EXHIBIT A
67 Professional Services Agreement Page 4
Rev. 09/19/23

9. Copyright and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disc losed by Consultant to City and 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 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).

DocuSign Envelope ID: E26C969D-2961-4AEC-ADE9-BB935C7F18FA

EXHIBIT A
68 Professional Services Agreement Page 5
Rev. 09/19/23

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

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

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

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

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.

DocuSign Envelope ID: E26C969D-2961-4AEC-ADE9-BB935C7F18FA

EXHIBIT A
69 Professional Services Agreement Page 6
Rev. 09/19/23

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

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

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

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

TO
CITY: Attention: Franc Moufarrej, Chief Building Official City of Livermore
1052 S Livermore Avenue
Livermore, California 94550
T
O CONSULTANT: Attention: Abigail Obligacion,
Independent Code Consultants Inc..
5870 Stoneridge Mall Road, suite 200
Pleasanton, CA 94588

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

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

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

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

DocuSign Envelope ID: E26C969D-2961-4AEC-ADE9-BB935C7F18FA

EXHIBIT A
70 Professional Services Agreement Page 7
Rev. 09/19/23

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
DocuSign Envelope ID: E26C969D-2961-4AEC-ADE9-BB935C7F18FA

EXHIBIT A
71 Professional Services Agreement Page 8
Rev. 09/19/23
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.

CO
NSULTANT: Dated:
___
_________________________ ___________________________
Abigail Obligacion
President
C
ITY OF LIVERMORE: Dated:
___
_________________________ ____________________________
Marianna Marysheva
City Manager
APPR
OVED AS TO FORM:
___
________________________
Deputy/Assistant/City Attorney
APPR
OVED AS TO INSURANCE:
___
____________________
Risk Manager/Analyst
A
ttachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
DocuSign Envelope ID: E26C969D-2961-4AEC-ADE9-BB935C7F18FA 3/27/2024 | 3:19 PM EDT

EXHIBIT A
72 PRICING &TIMELINES

FEE SCHEDULE
City of Livermore | On-Call Building & Fire Services
Page | 1
Building Plan Review Services Unit Rate Unit
Complete Plan Review Fee (first submittal plus two (2) additional subsequent submittal) 65% of Plan Review Fee All other Building, Safety Plan Review Submittals $145.00 Hour Structural Only Review $145.00 Hour
Non-Structural Review $115.00 Hour
Fire Review $145.00 Hour
CASp Only Review $145.00 Hour
Building Department Support Staff Unit Rate Unit
On-Site Plans Examiner/Engineer $145.00 Hour
Building Inspector I $80.00 Hour
Building Inspector II $90.00 Hour
Senior Building Inspector $100.00 Hour
CASp Inspector *Rate varies by building
Building and Planning Permit Technician $70.00 Hour
Administrative Assistant $55.00 Hour
Permit Software Technical Support $145.00 Hour
Basis of Charges Unit Rate
Work over 8 hours a day Time and One-Half
Work over 12 hours, Monday through Friday Double Time
Work on Saturdays Time and One-Half
Work over 8 hours on Saturday Double Time
Work on Sundays/Holidays Double Time
Reimbursables Cost
Exhibit A
DocuSign Envelope ID: E26C969D-2961-4AEC-ADE9-BB935C7F18FA

EXHIBIT A
73 City of Livermore | On-Call Building & Fire Services Page | 2

PLAN REVIEW TIMELINE
Independent Code Consultants will meet your plan review needs, which includes attending meetings and workshops when necessary. We also are able to meet or exceed the following timelines for plan review services:

Small to Mid-Scale Projects Larger to More Complex Projects Standard Turnaround Times: Standard Turnaround Times:

First Submittals: 10 days First Submittals: 15 days
Subsequent Submittals: 5 days Subsequent Submittals: 10 days Small to Mid-Scale Projects Larger to More Complex Projects Expedited Turnaround Times**: Expedited Turnaround Times**:

First Submittals: 5 days First Submittals: 10 days
Subsequent Submittals: 3 days Subsequent Submittals: 7 days ** Expedited Turnaround Times will be subject to discussion by all concerned parties to ensure milestones are met and completed on-time and on-schedule.

Exhibit A
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EXHIBIT A
74 Revised 5/1/2018 B5 – 1M E&O

Page 1 ends

EXHIBIT B

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

1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$1,000,000 per occurrence/$2,000,000 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: E26C969D-2961-4AEC-ADE9-BB935C7F18FA

EXHIBIT A
75 Revised 5/1/2018 B5 – 1M 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.

DocuSign Envelope ID: E26C969D-2961-4AEC-ADE9-BB935C7F18FA

EXHIBIT A
76 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
WITH 4LEAF INC. FOR ON-CALL CONSULTING SERVICES, IN
AN AMOUNT NOT-TO-EXCEED $460,000 FOR A FIVE-YEAR TERM
The Building Division requires two building consultants to provide plan review, permit technician services, site inspections, CASp consultation, technical support, and training for staff as directed. The consultants will assist staff in performing timely plan review and customer service during workload surges and low staffing times.

Staff selected two firms based on overall experience, familiarity with Livermore processes, quality of personnel, and ability to respond to the City's needs on a timely basis. Based on the evaluation of the written proposals and interview results, two consultants, including 4LEAF Inc., were selected for on-call plan review services, permit technician services, field inspections, and to provide customer consultation.

The proposed agreement allows for on-call plan check, site inspections, and permit technician services to commence July 1, 2024, and terminate June 30, 2029 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to execute an agreement with 4LEAF Inc, attached hereto as Exhibit A, for on-call plan check, permit technician, inspections, and CASp consultation services, in an amount not-to-exceed $460,000 for a five-year term.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 13, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
Acting City Clerk Deputy City Attorney Exhibit A – 4LEAF, Inc. Agreement
77 Professional Services Agreement Page 1
Rev. 09/19/23

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2024, by and between the City of Livermore (“City”), a municipal corporation, and 4LEAF Inc. (“Consultant”), a California corporation.

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

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

DocuSign Envelope ID: B7069088-0F51-459A-9BEB-55F96FDA50DF

EXHIBIT A
78 Professional Services Agreement Page 2
Rev. 09/19/23

4. Consultant’s Responsibilities. Consultant shall:
(a) Dilig
ently perform the Services in a manner commensurate with industry, professional, and community standards;
(b) Pr
ovide the resources necessary to complete the Services in a timely manner;
(c) O
btain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
(d) O
btain and keep in effect all necessary licenses , permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services;
(e) Com
ply with all laws in effect that are related to Consultant and the Services;
(f) Coor
dinate the Services with Franc Moufarrej , Chief Building Official (“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 an
d 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
) 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;
DocuSign Envelope ID: B7069088-0F51-459A-9BEB-55F96FDA50DF

EXHIBIT A
79 Professional Services Agreement Page 3
Rev. 09/19/23
(l) I f 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) C
onsultant’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 t
otal compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $ 460,000 ( "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) C
ity shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.

6. Term. The term of this Agreement commence s on July 1, 2024, and terminates upon the completion of the Services or June 30, 2029, whichever occurs first.

DocuSign Envelope ID: B7069088-0F51-459A-9BEB-55F96FDA50DF

EXHIBIT A
80 Professional Services Agreement Page 4
Rev. 09/19/23

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

11. Defense, I ndemnity, 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) M
odification 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).

DocuSign Envelope ID: B7069088-0F51-459A-9BEB-55F96FDA50DF

EXHIBIT A
81 Professional Services Agreement Page 5
Rev. 09/19/23

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. Acceptan ce 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 ac ceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy , completeness, or competency of the Services, nor do the actions constitute an assumption of Consultant’s responsibility or liability by City for any defect or error in the Services.

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

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

19. Remedies. A ll 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.

DocuSign Envelope ID: B7069088-0F51-459A-9BEB-55F96FDA50DF

EXHIBIT A
82 Professional Services Agreement Page 6
Rev. 09/19/23

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

22. N
otice . 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: Franc Moufarrej, Chief Building Official City of Livermore
1052 S Livermore Avenue
Livermore, California 94550

TO CONSULTANT: Attention: Craig Tole,
4LEAF, INC.
2126 Rheem Drive
Pleasanton, CA 94588

23. W
aiver . 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. S
everability . 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. S
urvival . The terms, conditions, and obligations in Sections 8, 9, 10, and 11 shall survive the completion or termination of this Agreement.

26. E lectronic 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.

DocuSign Envelope ID: B7069088-0F51-459A-9BEB-55F96FDA50DF

EXHIBIT A
83 Professional Services Agreement Page 7
Rev. 09/19/23

EXHIBIT A
84 Professional Services Agreement Page 8
Rev. 09/19/23
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.

CO
NSULTANT: Dated:
___
_________________________ ___________________________
Kevin J. Dugan
President
C
ITY OF LIVERMORE: Dated:
___
_________________________ ____________________________
Marianna Marysheva
City Manager
APPR
OVED AS TO FORM:
___
________________________
Deputy/Assistant/City Attorney
APPR
OVED AS TO INSURANCE:
___
____________________
Risk Manager/Analyst
A
ttachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
DocuSign Envelope ID: B7069088-0F51-459A-9BEB-55F96FDA50DF 3/28/2024 | 2:14 PM PDT

EXHIBIT A
85 Qualifications to Provide On-Call Professional Consulting Services to the City of Livermore Section 4: Fee Schedule
February 23, 2024
SECTION 5: FEE SCHEDULE
FY2024-2025 FEE SCHEDULE & BASIS OF CHARGES

FOR THE CITY OF LIVERMORE
All Rates are Subject to Basis of Charges

PLAN REVIEW COST STRUCTURE NOTES
Plan Review Percentage: 70%
(Inclusive of all disciplines except Fire and Civil which are billed on an hourly basis)
Hourly Plan Review: $144 Non-Structural Review
$165 Structural Review
Fee includes:
 Initial review and t wo (2) rechecks . H ourly
charges appl y a fter three ( 3) or more
rechecks.
 Shipping, courier, and electronic service.

Building
Chief Building Official ......................................................................................................................... $175/hour Structural Plan Review Engineer ........................................................................................................ $165/hour Non-Structural Plans Examiner .......................................................................................................... $144/hour Certified Access Specialist (CASp) Inspector ...................................................................................... $175/hour Certified Access Specialist (CASp) Plans Examiner ............................................................................. $175/hour Senior Combination Building Inspector (Building Inspector III) ......................................................... $139/hour Commercial Building Inspector (Building Inspector II) ...................................................................... $118/hour Residential Building Inspector (Building Inspector I) .......................................................................... $101/hour Permit Manager .................................................................................................................................. $124/hour Senior Permit Technician .................................................................................................................... $103/hour Permit Technician ............................................................................................................................... $93/hour Clerk/Administrator ............................................................................................................................ $82/hour Supervising Inspector of Record ......................................................................................................... $180/hour Inspector of Record ............................................................................................................................ $165/hour DSA Class 1 / OSHPD A Inspector ....................................................................................................... $160/hour DSA Class 2 / OSHPD B Inspector ....................................................................................................... $118/hour DSA Class 3 / OSHPD C Inspector........................................................................................................ $108/hour Code Enforcement
Code Enforcement Director ................................................................................................................ $175/hour Code Enforcement Manager ............................................................................................................... $185/hour Senior Code Enforcement Officer ....................................................................................................... $129/hour Code Enforcement Officer II ............................................................................................................... $122/hour Code Enforcement Officer I ................................................................................................................ $115/hour Code Enforcement Officer .................................................................................................................. $108/hour Housing Inspector ............................................................................................................................... $95/hour Exhibit A
DocuSign Envelope ID: B7069088-0F51-459A-9BEB-55F96FDA50DF

EXHIBIT A
86 Qualifications to Provide On-Call Professional Consulting Services to the City of Livermore Section 4: Fee Schedule
February 23, 2024
Hearing Officer .................................................................................................................................... $150/hour Principal-in-Charge .............................................................................................................................. $250/hour Hourly overtime charge per inspecton………………………………………………………………………………………….1.5 x hourly rate Mileage (for inspections performed within the City) .......................................................................... IRS Rate + 20% Fire
Fire Protection Engineer (FPE) ............................................................................................................ $211/hour Fire Prevention Officer ...................................................................................................................... $160/hour Fire Plans Examiner ............................................................................................................................ $149/hour Fire Inspector II ................................................................................................................................... $129/hour Fire Inspector I .................................................................................................................................... $118/hour Planning
Housing Policy Director .................................................................................................................... $227/hour Planning Director .............................................................................................................................. $206/hour Principal/Planning Manager ............................................................................................................. $175/hour Senior Planner .................................................................................................................................. $160/hour Associate Planner ............................................................................................................................. $139/hour Assistant Planner ............................................................................................................................. $113/hour Planning Technician .......................................................................................................................... $93/hour Project Management
Project Manager ................................................................................................................................. $210/hour Principal-in-Charge ............................................................................................................................. $283/hour Engineering, Public Works Inspection, & Construction Management (Prevailing Wage) Civil Plan Review (Grading, Improvement Plans) ............................................................................... . $175/hour Traffic Engineer................................................................................................................................... . $230/hour Construction Manager…………………………………………………………………………………………….……………….……. $162/hour Public Works Inspector (Regular Time) …………………………………………………………………………………….…… $160/hour Public Works Inspector Apprentice………………………………………………………………………………...……………… $99/hour Public Works Plans Examiner………………………………………………………………………………...………….…………… $145/hour

BASIS OF CHARGES
• Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables. • All invoicing will be submitted monthly.
• Staff A ugmentation work (excluding plan r eview) is s ubject to 4 -hour minimum charges unl ess s tated otherwise. Services billed in 4-hour increments.
• Most plan reviews will be done in 10 business days or less and 5 business days or less for re-checks. This is not inclusive of holidays or the day of the pick-up of plans. • Expedited reviews will be billed at 1.5x the plan review fee listed in the fee schedule. Return time will be within seven (7) days of receipt of the plans from the City.

Exhibit A
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EXHIBIT A
87 Qualifications to Provide On-Call Professional Consulting Services to the City of Livermore Section 4: Fee Schedule
February 23, 2024
• Plan review of deferred submittals & revisions will be billed at the hourly rates listed. • All plan review servi ces will be subje ct to a $ 305.00 min imum fee if percent age-based fee o r 2-hour minimum charge if hourly rates apply.
• Larger complex plan reviews can be negotiated to achieve the best possible pricing. • All plan review services will be subject to 2-hour minimum fee. • All plan review services are billed on a percentage basis and includes the initial review and 2 rechecks. - Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless otherwise agreed upon on a case-by-case basis.
- Fire and Civil Reviews are billed on an hourly basis and are not inc luded in our plan review percentage.
• 4LEAF assumes that these rates reflect the FY 2024-2025 contract period. There will be a 3% esc alation for FY2025-2026, FY2026-2027
• Overtime and Premium time will be charged as follows:
- Regular time (work begun after 5AM or before 4PM) 1 x hourly rate - Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1st 8-hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • Overtime will only be billed with prior authorization of the Director or other designated City personnel. • All work with les s than 8 hours rest between shifts will be charged the appropriate overtime rate. • Mileage driven during the course of Inspections will be charged at cost plus 20%. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF’s liability will be limited to the value of services provided. • In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regu lar rate for each misse d meal or rest break due to Client- directed tasks or r equirements. Client sho uld allow 4LEAF’s non- exempt, hourly employees t he opportunity to take their entitled rest and meal breaks during each work shift.

Exhibit A
DocuSign Envelope ID: B7069088-0F51-459A-9BEB-55F96FDA50DF

EXHIBIT A
88 Revised 5/1/2018 B5 – 1M E&O

Page 1 ends

EXHIBIT B

INSURANCE REQUIREMENTS

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

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

3. Workers’ Compensation and Employer's Liability:

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

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

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

1. The City of Livermore, its officers, officials, employees, and designated DocuSign Envelope ID: B7069088-0F51-459A-9BEB-55F96FDA50DF

EXHIBIT A
89 Revised 5/1/2018 B5 – 1M 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

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.

DocuSign Envelope ID: B7069088-0F51-459A-9BEB-55F96FDA50DF

EXHIBIT A
90 CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Assistant City Manager
SUBJECT:

R
esolution authorizing execution of an agreement with TruePoint Solutions LLC to i
mplement Accela Citizen Access, DigEplan electronic plan review, on-call Accela permit
software programming, and LTC DigEplan subscription agreement. The contract has a not-to-exceed amount of $455,000 over a five-year term.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with TruePoint Solutions LLC for
services to i
mplement Accela Citizen Access, DigEplan
electronic plan review, on-call
Accela permit software programming, and LTC DigEplan subscription agreement. The contract has a not-to-exceed amount of $455,000 over a five-year term.

SUMMARY
Staff recommends approval of an agreement for professional services to perform work duties that are specialized, technical, and outside the expertise of staff. The consultant will perform tasks that involve writing software code, creating protocols for processes, and modifying the software to fit Livermore's needs.

The consultant will continue to i
mplement Accela Citizen Access, DigEplan electronic plan review, provide on-call
Accela permit software programming, LTC DigEplan subscription agreement, technical support, and training to staff as directed. The agreement with TruePoint Solutions LLC will
allow the City of Livermore to completely implement paperless permitting. This agreement is for a period of five years and will be part of the Fiscal Year 2024-25, 2025-26, 2026-27, 2027-28, and 2028-29 budgets.

DISCUSSION
To modernize the permitting process and implement paperless plan reviews in alignment with the state's Paper Reduction Act (PRA) and the City of Livermore's Climate Action Plan, Accela Citizen Access and DigEplan software will need to be fully implemented. Progress has been made in several permit types that have been transitioned to paperless in the last year. This contract will allow the City to complete the transition for the remaining permit types.

91 Staff recommends renewing professional services agreements with Truepoint Solutions LLC that were previously approved in 2022, 2023, and 2024. The firm was selected based on overall experience, familiarity with Livermore processes, quality of personnel, and their ability to respond to the City's needs on a timely basis. TruePoint Solutions LLC and their personnel have worked satisfactorily under prior agreements providing on-call services, Accela Citizen Access maintenance and upgrades, DigEplan electronic plan review, and DigEplan subscription. Over the past two years, the consultant has provided much needed assistance on a variety of permit types, including paperless implementation of roofing, plumbing, electrical, electrical vehicle charger permits, and integration of SolarApp photovoltaic permits into the Accela platform. Additionally, TruePoint Solutions LLC has integrated DigEplan plan review software into Accela for solar, electrical vehicle chargers, dwelling, and accessory dwelling unit permits.

This contract with TruePoint Solutions LLC will allow the City of Livermore to fully implement paperless plan reviews in compliance with state laws and our Climate Action Plan.

The proposed agreement begins May 20, 2024, and terminates May 20, 2029, with a maximum expenditure allowance of $455,000 over the 5-year period. This agreement allows the Community Development Department, including the Building, Planning, and Engineering Divisions to complete paperless implementation for plan reviews.

FISCAL AND ADMINISTRATIVE IMPACTS

The total amount of work is expected to be approximately $455,000 over a 5-year period beginning on May 20, 2024. Funding for services rendered under this agreement is partially included in the CDD operating budget for consultant services in FY 2024-25 and the remaining funding will be added to subsequent budgets.

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: Franc Moufarrej
Acting Assistant Community
Development Director

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

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT

WITH TRUEPOINT SOLUTIONS LLC, TO IMPLEMENT ACCELA CITIZEN

ACCESS, DIGEPLAN SUBSCRIPTION, ELECTRONIC PLAN REVIEW, AND

ON-CALL ACCELA SOFTWARE PROGRAMMING IN AN AMOUNT NOT-TO- EXCEED $455,000 FOR A FIVE-YEAR TERM
The agreement with TruePoint Solutions LLC will allow the City of Livermore to complete implementation of Accela Citizen Access, fully implement DigEplan electronic plan review, provide on-call Accela permit software programming, and DigEplan subscription agreement for five years with a not-to-exceed contract amount of $455,000.

The full implementation of Accela Citizen Access and DigEplan will update the City of Livermore’s processes and achieve our objectives to go paperless aligning with our sustainability goals, modernization, and Climate Action Plan.

The on-call Accela programming will keep our systems updated, solve unexpected system failures, and incorporate the annual fee changes into the system, with the goal to continue providing high-quality customer service and meet required timelines for processing permits and plan reviews.

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

1. Authorizes the City Manager to execute an agreement with TruePoint Solutions LLC, attached hereto as Exhibit A, to fully implement Accela Citizen Access and DigEplan, provide on-call Accela permit software programming, and DigEplan subscription agreement for five years with a not-to-exceed contract amount of $455,000.

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 May 13, 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 – TruePoint Solutions LLC Agreement
94 Professional Services Agreement Page 1
Rev. 09/19/23

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2024, by and between the City of Livermore (“City”), a municipal corporation, and TruePoint Solutions LLC (“Consultant”),a California Limited Liability Corporation.

RECI
TALS
Ci
ty requires professional services to implement Accela Citizen Access, DigEplan Electronic Plan review, and provide on- call Accela permit software programming to include: creating reports, fee calculations, integration with City credit card vendor and business license software, scripts, aid with GIS connections, and provide training as requested.

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

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

Im
plement Accela Citizen Access, DigEplan electronic plan review, and provide on-call Accela permit software programming. Provide LTC DigEplan subscription agreement as set forth in Exhibit C.

4. Consultant’s Responsibilities. Consultant shall:
(a) Dilig
ently perform the Services in a manner commensurate with industry, professional, and community standards;
(b) Pr
ovide the resources necessary to complete the Services in a timely manner;
DocuSign Envelope ID: FABB72A5-1737-473B-9B24-A1272908F39B

EXHIBIT A
95 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 Franc Moufarrej , Chief Building Official (“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.

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: FABB72A5-1737-473B-9B24-A1272908F39B

EXHIBIT A
96 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 $ 455,000 ( "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. T he term of this Agreement commences on May 20, 2024, and terminates upon the completion of the Services or May 20, 2029, whichever occurs first.

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

DocuSign Envelope ID: FABB72A5-1737-473B-9B24-A1272908F39B

EXHIBIT A
97 Professional Services Agreement Page 4
Rev. 09/19/23

11. Defense, I ndemnity, 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) M
odification 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).

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

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

14. Acceptance of Work. City’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy , completeness, or competency of the Services, nor do the actions constitute an DocuSign Envelope ID: FABB72A5-1737-473B-9B24-A1272908F39B

EXHIBIT A
98 Professional Services Agreement Page 5
Rev. 09/19/23
assumption of Consultant’s responsibility or liability by City for any defect or error in the Services.

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

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

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

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

DocuSign Envelope ID: FABB72A5-1737-473B-9B24-A1272908F39B

EXHIBIT A
99 Professional Services Agreement Page 6
Rev. 09/19/23

TO C
ITY: Attention: Franc Moufarrej, Chief Building Official City of Livermore
1052 S Livermore Avenue
Livermore, California 94550
T
O CONSULTANT: Attention: Kent Johnson, CEO
TruePoint Solutions, LLC
3262 Penryn Road, Suite 100-B
Loomis, CA 95650
2 3. Waiver. Fai lure to insist upon the strict performance of any term or conditions in this Agreement, no matter how long the failure continues, is not a waiver of the term or condition and does not bar the right to subsequently demand strict performance. To be effective, a waiver must be in writing and signed by the non-breaching party.

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

EXHIBIT A
100
Professional Services Agreement Page 7
Rev. 09/19/23
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.

CO
NSULTANT: Dated:
___
_________________________ ___________________________
Kent Johnson
Chief Executive Officer
C
ITY OF LIVERMORE: Dated:
___
_________________________ ____________________________
Marianna Marysheva
City Manager
APPR
OVED AS TO FORM:
___
________________________
Deputy/Assistant/City Attorney
APPR
OVED AS TO INSURANCE:
___
____________________
Risk Manager/Analyst
A
ttachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
Exhibit C - LTC DigEplan Subscription Agreement
DocuSign Envelope ID: FABB72A5-1737-473B-9B24-A1272908F39B 3/29/2024 | 3:32 PM PDT

EXHIBIT A
101
E xhibit A
TruePoint Solutions WWW.TruePointSolutions.Com 1
City of Livermore, CA
On-G
oing Service and Support Proposal
2/8/2024
DocuSign Envelope ID: FABB72A5-1737-473B-9B24-A1272908F39B

EXHIBIT A
102
E xhibit A
TruePoint Solutions WWW.TruePointSolutions.Com 2
T
able of Contents
I. V
endor Background & Qualifications ........................................ 3 Tr
uePoint Company History ........................................................................................ 3 II. TruePoint Staff ............................................................................. 4 III. Project Scope .............................................................................. 5 P
roject Understanding................................................................................................. 5 Proposed Services ...................................................................................................... 5 Services Costs ............................................................................................................ 6 DocuSign Envelope ID: FABB72A5-1737-473B-9B24-A1272908F39B

EXHIBIT A
103
E xhibit A
TruePoint Solutions WWW.TruePointSolutions.Com 3
I . Vendor Backg round & Qualif ications
TruePoint Company History
TruePoint Solutions, LLC is a privately held software and solutions company based in the Sacramento region. We bring an unparalleled level of experience designing, developing, implementing, and supporting complex government IT solutions. Our team has an average of 16+ years of public sector IT experience.

Tr
uePoint Solutions was established in 2004 and became an Accela certified implementation partner in early 2005. Current implementation projects which TruePoint is involved include:

DocuSign Envelope ID: FABB72A5-1737-473B-9B24-A1272908F39B

EXHIBIT A
104
E xhibit A
TruePoint Solutions WWW.TruePointSolutions.Com 4
II. TruePoint S taff
TruePoint will assign talented staff that have in-depth knowledge of your current implementation. Below is a summary of team members and Accela experience.

K
eith Hobday will be the main point of contacts for this engagement and ultimately responsible for all members of the TruePoint team.

DocuSign Envelope ID: FABB72A5-1737-473B-9B24-A1272908F39B

EXHIBIT A
105
E xhibit A
TruePoint Solutions WWW.TruePointSolutions.Com 5
III . Pr oject Scope
Project Understanding
TruePoint Solutions appreciates the opportunity to continue to work with the City to enhance the utilization of your Accela Civic Platform products and support the day to day needs of your end users. TruePoint has experience with your current configuration. As we support your needs, we will also focus on knowledge transfer of the Accela Civic Platform features.

Tr
uePoint Solutions proposes a blanket as needed support agreement to work with your staff to support and enhance the Accela Automation functionality. TruePoint can advise, configure, support, and train all aspects of the Accela Civic platform and currently works with over 60 Accela customers in a support role. As you can see from our client list most of our customers are in California.

Proposed Services
A
s Needed Expert Support and General Maintenance
T
his service will provide day-to-day as needed or on call support above and beyond what is provided by Accela CRC. It will also provide a budget to continually enhance and expand the City’s Accela configuration.
• Training as need on any aspect of Accela. Training can be done on-site or remote • Advise on how to most efficiently configure the Accela Civic Platform based on ex
perience we have gained from over 140 customers
• Misc. Configuration changes as requested
• Scripting for business process automation
• Fee configuration and enhancements
• Report Development and Support using Ad-Hoc, Crystal or SSRS • ACA support and enhancements
• Accela Mobile support
• Accela GIS support
• Day-to-day phone support and issue resolution
• Accela install and upgrade support
• DigEplan - Plan Review support
DocuSign Envelope ID: FABB72A5-1737-473B-9B24-A1272908F39B

EXHIBIT A
106
E xhibit A
TruePoint Solutions WWW.TruePointSolutions.Com 6
Services Costs
Tasks Hours Rate Total Comment
Implementation Consultant 300 $165.00 $49,500.00
Travel Budget T BD On-site support is available if
needed
Total budget not to exceed $49 ,500.00

Services will be billed monthly on a T@M hourly basis as work is requested and approved by the City.

DocuSign Envelope ID: FABB72A5-1737-473B-9B24-A1272908F39B

EXHIBIT A
107
Revised 6/11/2020
B10 – 3M E&O

Page 1 ends

EXHIBIT B
I

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

1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$3,000,000 per occurrence/$6,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

3. Workers’ Compensation and Employer's Liability:

4. Professional Liability/Errors and Omissions:
$3,000,000 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: FABB72A5-1737-473B-9B24-A1272908F39B

EXHIBIT A
108
Revised 6/11/2020
B10 – 3M E&O

Page 2 ends

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

DocuSign Envelope ID: FABB72A5-1737-473B-9B24-A1272908F39B

EXHIBIT A
109
LCT Software LLC – MSA (v1.0 approved by legal June 2019)

Exhibit C – Master Services Agreement

Between
TruePoint Solutions representing LCT
Software LLC (DigEplan)

and
City of Livermore, CA
Master Services Agreement

www.digeplan.com
DocuSign Envelope ID: FABB72A5-1737-473B-9B24-A1272908F39B

EXHIBIT A
110
LCT Software LLC MSA – v1.0 DigEplan USA 2
Parties

1. This Master Service Agreement (this “Agreement”) is entered into as of the date of last signature (the “Effective Date”) by and between LCT Software LLC a Florida corporation principally located at 4500, 140th Avenue North Suite, 101 Clearwater, FL 33762 (“LCT Software”), and the City of Livermore, 1052 S. Livermore Ave, Livermore, CA, 94550 (the Customer.) Background
a) The Supplier has developed certain software applications and platforms which it makes available to subscribers via the internet on a pay-per-use basis for the purpose of subscribers.
b) The customer wishes to use the Supplier's service in its business operations. c) The Supplier has agreed to provide, and the customer has agreed to take and pay for the S
upplier’s service subject to the terms and conditions of this agreement.

Agreed terms

1.1. Definitions - Unless otherwise defined in this Agreement, terms used herein have the same meanings as set out in the Exhibits to this Agreement (including any supplements or attachments thereto).

1.2. “ Optional Services” refers to certain optional add-ons to the Subscription Service as may be offered by LCT Software from time to time.

1.3. “Professional Services” refers to LCT Software’s delivery, training, performance optimization and related services as set out in the Professional Services Terms. The Professional Services described in this Agreement are applicable to Customer if and as ordered.

1. 4. “ Professional Services Terms” refers to those additional Professional Services Terms and Conditions.

1. 5. “ Services” refers to the Subscription Service together with any Professional Services and/or Optional Services, as applicable.

1. 6. “Subscription Service” refers to DigEplan’s cloud-based service designed to provide government entities with Integrated Electronic Plan Review.

1. 7. “Subscription T’s & C’s” refers to the Subscription Terms and Conditions attached hereto at Exhibit C
C
ustomer agrees that its purchase of the Services hereunder is neither contingent on the delivery of nor any oral or written comments about any future functionality or features of the Subscription Service.

2. Procurement of Services
Customer may purchase the Services by submitting orders in a form designated or approved by LCT Software (each, an “Order”) or, in the case of certain Professional Services, by executing Statements of Work designated or approved by LCT Software (each an “SOW”). Upon Order (or SOW) acceptance and subject to Customer’s payment of the corresponding Services Fees, LCT Software will make the Services available to Customer.

DocuSign Envelope ID: FABB72A5-1737-473B-9B24-A1272908F39B

EXHIBIT A
111
LCT Software LLC MSA – v1.0 DigEplan USA 3

2.1 . Governing Terms. The Subscription Service will be subject to this Agreement and the Subscription T’s & C’s for the Subscription Period and number of End Users as specified in each Order. Professional Services will be subject to this Agreement and the Professional Services Terms for the designated performance period as specified in the applicable Order or SOW. Any Optional Services will be subject to the Subscription Terms or such other documentation as designated by LCT Software.

2.2 . Order Acceptance. No Order for Services will be deemed accepted by LCT Software unless and until LCT Software accepts such Order (or SOW) in writing. Any terms and conditions contained in any quote, invoice, purchase order or Order that are inconsistent with the terms and conditions of this Agreement will be deemed stricken, unless expressly agreed to in writing by LCT Software with explicit reference to the accepted terms and conditions. All Orders and SOWs will reference this Agreement. Upon acceptance of an Order as provided above, it will become part of this Agreement.

2.3 . Adding End Users. If Customer desires to increase the number of End Users that are permitted to use the Subscription Service, a new Order must be issued for the additional End Users. LCT Software may, in its discretion, allow or require the initial Subscription Period of newly purchased subscriptions to be adjusted to expire or renew simultaneously with Customer’s pre-existing subscription(s).

2.4 . Optional Services. Purchase of Optional Services from LCT Software will be subject to any price quote LCT Software provides to Customer and the Order procedure described above. As designated by LCT Software at the time of Customer’s purchase, use of the Optional Services may be subject to a
dadditional terms and conditions beyond or in lieu of those in Exhibit C.

3. Fees, Piggyback Procurement and Payment for Services

3.1. Fees. Customer will pay all fees for the Services per the prices quoted to Customer by LCT Software and finalized via an Order or SOW. Unless expressly set out in an Order or SOW, price increases will not apply to any Order or SOW that has already been accepted by LCT Software. Except as otherwise agreed by the parties in writing, Services Fees are quoted and payable in United States dollars, and Customer’s payment obligations are non-cancelable, and Fees paid are non-refundable.

3.2. Piggyback procurement. The City reserves the right to extend the terms and conditions of this solicitation to any and all other agencies within the State of California as well as any other federal, state, municipal, county, or local governmental agency under the jurisdiction of the United States and its territories. This shall include but not be limited to private schools, parochial schools, non- public schools such as charter schools, special districts, intermediate units, non- profit agencies providing services on behalf of government, and/or state.

This is conditioned upon mutual agreement of all parties pursuant to special requirements, which m
ay be appended thereto. The supplier/contractor agrees to notify the issuing body of those entities that wish to use any contract resulting from this proposal and will provide usage information, which may be requested. A copy of the contract pricing and the proposal requirements incorporated in this contract will be supplied to requesting agencies.

Each participating jurisdiction or agency shall enter into its own contract with the Awarded Proposer(s), and this contract shall be binding only upon the principles signing such an agreement.

Invoices shall be submitted in duplicate “directly” to the ordering jurisdiction for each unit purchased.

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Disputes over the execution of any contract shall be the responsibility of the participating jurisdiction or agency that entered into that contract.

Disputes must be resolved solely between the participating agency and the Awarded Proposer. The City of Livermore does not assume any responsibility other than to obtain pricing for the specifications provided.

3.3. Invoicing and Payment. LCT Software will invoice Customer in advance for the Services unless otherwise expressly agreed by the parties.

3.4. Subscription Service fees are due upon invoice and payable within thirty (30) days of the invoice date. Subscription Service fees will be due no later than the first day of each Subscription Period to which the payment relates. If Customer orders additional End User quantities part-way through an existing Subscription Period, and the initial Subscription Period for the additional quantity is adjusted as described in Section 2.3, then the Subscription fee for such additional quantity will be pro-rated accordingly. Optional Services will be due at the same time as payment for the corresponding Subscription Service, or (if applicable) as otherwise specified in the applicable Order or governing terms. Subscription Service fees will be subject to an automatic annual increase by the percentage of the prior year’s Subscription Service fees (the “Uplift”) listed in the Order.

3.5. Professional Services fees and expenses are due upon invoice and payable within thirty (30) days of the invoice date. Professional Services fees and expenses may be subject to additional payment terms if and as designated in the applicable Order or SOW. Generally, Professional Services expenses will be billed as accrued and invoiced to Customer monthly in accordance with LCT Software’s expenses travel policy.

3.6. Billing Info & Overdue Charges. Customer is responsible for keeping LCT Software accurately and fully informed of Customer’s billing and contact information, including providing any purchase order numbers in advance of invoice issuance. If any Fees are not received from Customer by the due date, they will accrue interest at the rate of one and a half percent (1.5%) of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower.

3.7. Overdue Payments. If any amount owing by Customer under this Agreement for any of the Services is thirty (30) or more days overdue, LCT Software may, without limiting LCT Software’s other rights and remedies, accelerate Customer’s unpaid fee obligations under this Agreement (including any Order or SOW) so that all such obligations become immediately due and payable, suspend the Subscription Service and/or stop performance of the Professional Services until such amounts are paid in full.

3.8. Taxes. LCT Software’s Services fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). If LCT Software has the legal obligation to pay or collect Taxes for which Customer is responsible under this paragraph, the appropriate amount will be invoiced to and paid by Customer, unless Customer provides LCT Software with a valid tax exemption certificate authorized by the appropriate taxing authority prior to invoice issuance. For clarity, LCT Software is solely responsible for taxes assessable against it based on LCT Software income, property and employees.

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4. Term and Termination

4.1. Term of Agreement. Unless terminated earlier in accordance with Section 4.2, this Agreement will commence on the Effective Date and will expire on the dates in the Subscription Fees and Terms clause.

4.1 .1. Subscription Service. The Subscription T’s & C’s at Exhibit C will commence on the date listed in the first Order and continue for a period of one (1) year (the “Initial Subscription Period”).

Thereafter, the Subscription Term will automatically renew for two additional one-year periods (each a “Renewal Subscription Period”) unless and until either party gives written notice of non-renewal at least thirty (30) days in advance. Customer must send written notice of non-renewal to [email protected] Should Customer not provide written notice of non-renewal at least thirty (30) days in advance, then Customer is obligated to pay for the subsequent renewal in full. Two additional one year extensions may be authorized by Customer, through amendment of this agreement. Full term shall not exceed 5 years.

4.1 .2. Professional Services. If and as applicable to Customer, the Professional Services Terms will commence on the date listed in the first Order or SOW and continue for the period designated in such Order or SOW. The effectiveness of the Professional Services Terms will be automatically extended to the last date specified in all SOWs and Professional Services Orders issued by LCT Software. Upon Customer request, LCT Software may, in its sole discretion, reinstate expired Professional Services Terms after a lapse in effectiveness under previously issued SOWs or Professional Services Orders.

4.2. Termination. Either party may terminate this Agreement upon written notice if the other party materially breaches this Agreement and fails to correct the breach within thirty (30) days following written notice specifying the breach. The Services will be subject to additional termination provisions if and as designated in the respective Exhibits to this Agreement.

4.3. Effect of Termination. Termination or expiration of this Agreement will not terminate any then- current Customer Subscriptions to the Subscription Service (which will continue to be governed by the terms of this Exhibit C, including the termination provisions set forth therein); provided, however, that in the case of termination of this Agreement by LCT Software for Customer’s uncured breach of this Agreement, LCT Software may simultaneously terminate any such Subscriptions.

Subject to the Professional Services Terms, termination of this Agreement will terminate all on-going and planned Professional Services.

5. Additional customer terms.

Any terms and conditions required by Customer under applicable statute, judicial order or agency policy will be as stated in this Section 5 (the “Additional Customer Terms”). Alternatively, the Parties may set forth Additional Customer Terms at Exhibit C to this Agreement as warranted under the circumstances. Notwithstanding anything to the contrary in Section 6, the Additional Customer Terms will govern over the body of this Agreement in the event of a direct conflict of terms. In the absenc e of any inclusion of Additional Customer Terms in this Section 5 or at Exhibit C, the parties agree that no additional contractual obligations are intended in respect of the Services provided hereunder.

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6. General

6.1 The parties acknowledge that the terms of each of the Exhibits to this Agreement (inclusive of any supplements or attachments thereto), including, but not limited to, the disclaimers, limitations of liability, and other general provisions thereof, are incorporated into and form a part of this Agreement.

6.2 In the event of a direct conflict between the body of this Agreement and the terms of the Exhibits hereto, the terms in the body of this Agreement will govern. Each party specifies its address set forth above for receipt of notices under this Agreement. Th is Agreement may be signed in one or more identical counterparts, each of which will be an original, but all of which together will constitute one instrument.

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Subscription Fees and Term

1. Subscription Fees
For each Year during the Subscription there will be Subscription fees, the initial subscription fees shall amount to a total of $39,529.13. This is an enterprise license with a total not to exceed active user count of 60 users.

2. A
dditional User Subscription Fees
Additional User Subscriptions may be purchased by the Agency in accordance with clause

2.3. 3. Initial Subscription Term: 1 year, f rom May 1st, 2024, to April 3 0th, 2025. Each additional yearly subscription renewal will have a 3% uplift.

Exhibits List:

Exhibit C1 - Standard Support Policy
Exhibit C2 - Service Level Commitment
Exhibit C3 Subscription Terms and Conditions
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Exhibit – C1
Standard Support Policy
This LCT Software LLC’s SaaS Support Policy (“Support Policy”) is a policy governing the use of DigEplan’s software-as- service products (the “Service(s)”) under the terms of the services agreement (the “Agreement”) between LCT Software, LLC and its affiliates (“LCT Software”, “us” or “we”) and the purchaser of DigEplan’s Service (“Customer”). This Support Policy may be updated from time to time by LCT Software at its sole discretion.

General Requirements and Hours of Operation
Ticketing Support: LC T Software will provide access to a ticketing system, which will be available twenty -four (24) hours per day, seven (7) days per week. A qualified support specialist shall use commercially reasonabl y effo
rts to answer questions and resolve problems rega rding the Subscription Service during normal business hours of Monday-Friday, 8:00 A.M. until 5:00 P.M PST.

T
elephone and E-mai l Support: DigEplan’s Customer Support Department, a live technical support facility, will be available to Customer from 8:00 A.M. until 5:00 P.M. Pacific Standard Time Monday through Friday, excluding LCT Software LLC’s observed holidays.

Online Support Material: Avai lable twenty -four (24) hours, seven (7) days a week, LCT Software will make available to Customer certain technical information in DigEplan’s online support database.

Updates
Updates may address security fixes, critical patches, general maintenance functionality, and documentation and shall be made available at LCT Software’s discretion. LCT Software is under no obligation to develop any future functionality or enhancements unless otherwise specified in the Agreement. If an update for the Service is made available to Customer pursuant to this Support Policy, it will automatically replace the previous version of the applicable Service.

Where practical, LCT Software will schedule Updates during non-business hours and will provide Customers with advance notice of all Updates.

Upgrade/Downgrade of Severity Level
If, during the Support Request process, the issue either warrants assignment of a higher severity level than currently assigned or no longer warrants the severity level currently assigned based on its current impact on the production operation of the SaaS offering, then the severity level will be upgraded or downgraded accordingly to the severity level that most appropriately reflects its current impact.

Third Party Product Support
If any third- party software is not supplied by LCT Software, LCT Software disclaims all support obligations for such third-party software, unless expressly specified by LCT Software in Customer’s Agreement.

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Exclusions
The following Support Exclusions are not covered by this Support Policy: (a) Support required due to Customer’s or any End User’s or third party’s misuse of the Services; (b) Support during times outside of LCT Software regular business hours stated above; (c) Support necessitated by external factors outside of LCT Software’s reasonable control, including any force majeure event or Internet access or related problems beyond the Service demarcation point; (d) Support of or caused by customizations (if outside of LCT Software’s best practice recommendations), configuration changes, scripting, or data loss caused by or on behalf of Customer or any End User; (e) Support of or caused by Customer’s or any End User’s or third party’s equipment, software or other technology (other than third party equipment within LCT Software’s direct control); (f) Support to resolve or work-around conditions which cannot be reproduced in LCT Software’s support environment and (g) Support of any software add -ons supplied together with the Service (except where specified in the Agreement). Any support services falling within these Support Exclusions may be provided by LCT Software at its discretion and, if so provided, may be subject to additional pricing and support terms as specified by LCT Software Support Classifications

Error Classification Criteria
Critical Severity Issue (Priority 1) The Service is down or there is a major malfunction (deeming Service non - fu
nctional or severely affected), resulting in a business revenue loss and impacting the Service functionality for a majority of users. No reasonable workaround exists.

High Severity Issue (Priority 2) High loss of Service functionality or performance, impacting the Service fu
nctionality for a high number of users (e.g. Service response is very slow, day to day operations continue, but are impacted by the issue). No reasonable workaround available or the workaround is impractical.

Medium Severity Issue (Priority 3) Moderate loss of Service functionality or performance, impacting multiple users.

A c
onvenient workaround exists (e.g. non-critical feature is unavailable or requires additional user intervention).

Low Severity Issue (Priority 4) Minor loss of Service functionality or feature in question.

Functional Definitions: For the purposes of error classification, essential or major functions include: data capture features, SLA and alarming features, performance management features and application performance problem resolution features.

Response Time: LCT Software shall use commercially reasonable efforts to respond to error reports in accordance with the table set forth below. LCT Software will use reasonable means to repair the error and keep Customer informed of progress. LCT Software makes no representations as to when a full resolution of the error may be made.

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Error Classification Initial Response and
Acknowledgement
Updates Resolution Goal
Critical 1 Business Hour Da ily LCT Software will put forth our best effort to provide a workaround, fix, or estimated
completion date within seventy-two (72) hours
after the problem has been diagnosed and/or
replicated.

High 4 Business Hours We ekly LCT Software will put forth our best effort to provide a workaround or fix or estimated
completion date within four (4) business days after
the problem has been diagnosed and/or
replicated.

Medium 8 Business Hours As
available
LCT Software will put forth our best effort to
provide a workaround or fix or estimated
completion date within seven ( 7) business days
after the problem has been diagnosed and/or
replicated.

Low 24 Business Hours No ne Resolution for the Issue may be released as a patch set or be incorporated into a future
schedule release of the product.

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Exhibit C2

SERVICE LEVEL COMMITMENT
This SaaS Service Level Commitment (“SLC”) is a policy governing the use of LCT software -as-service products (individually or collectively, the “Service” or “DigEplan”) under the terms of the LCT Software Master Services Agreement (the “Agreement”) between LCT Software LLC and its affiliates (“LCT Software”, “us” or “we”) and the purchaser of LCT Software’s Subscription Service (“Customer”).

Unless otherwise provided herein, this SLC is subject to the terms of the Agreement and capitalized terms will have the meaning specified in the Agreement. LCT Software reserves the right to change the terms of this SLC in accordance with the Agreement.

Definitions
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Service was Unavailable. Measurement of the Monthly Uptime Percentage excludes downtime resulting directly or indirectly from any SLC Exclusion. “Service Credit” is a dollar credit, calculated as set forth below, that LCT Software may credit back to an eligible Customer account.
“Unavailable” means, as applicable: (i) Customer is repeatedly unable to log into the Service; (ii) Customer experiences repeated connection request failures; (iii) Customer experiences lack of connectivity of external, public instances or sites lasting for more than ten (10) minutes; The foregoing events must be verifiable or replicable by LCT Software or its designee. Availability of Accela APIs which are used by DigEplan to connect, is expressly excluded from this SLC.

Service Commitment
LCT Software will use commercially reasonable efforts to make the Service available with a Monthly Uptime Percentage of at least 99.9%, in each calendar month of the Subscription Period (the “Commitment”). In the event the Service does not meet this Commitment, Customer will be eligible to receive a Service Credit as described below.

Scheduled & Emergency Maintenance
LCT Software will maintain certain scheduled maintenance windows during which regular, planned maintenance of the Service may be performed. LCT Software will use commercially reasonable efforts to provide Customer with no less than twenty-four (24) hours’ notice prior to Services unavailability due to planned maintenance. LCT Software’s standard maintenance window will generally fall between the hours of 12:00 AM (00:00) and 5:00 AM [05:00] on a day of our choosing, local time.

In exceptional circumstances where updates may take more time than the weekly time slot, it may be necessary to run updates over w-ends.

LCT Software will endeavour to provide as much notice as is practicable under the circumstances for patches, updates, fixes and other emergency maintenance activities which may be applied on an urgent basis.

LCT Software will provide three (3) business days’ notice prior to any planned network, server hardware, operating environment, or database modifications of a material nature.

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Service Credits Monthly Uptime Percentage Service Credit Percentage Less than 99.9% but equal to or greater than 99.0% 2%
Less than 99.0% 5%
LCT Software will apply any Service Credits only against future Service payments otherwise due from Customer.

Service Credits will not entitle Customer to any refund or other payment from LCT Software.

Service Credits may not be transferred or applied to any other account.

Unless otherwise provided in the Agreement, Customer’s sole and exclusive remedy for any unavailability, non- performance, or other failure by LCT Software to provide the Service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLC.

Service Credit Requests
To receive a Service Credit, Customer must submit a claim in writing to [email protected] To be eligible for a Service Credit, the claim must be received by LCT Software in the calendar quarter in which the incident occurred and must include:
- the words “SLC Credit Request” in the subject line;
- the dates and times of each Unavailability incident that Customer is claiming; and - the quantity or scope of affected Users (as indicated by User ID, number of departments or similar metric); - Supporting evidence from the support service desk
If the Monthly Uptime Percentage of such Service Credit request is confirmed by us and is less than the Service Commitment, LCT Software will issue the Service Credit to Customer within one billing cycle following the month in which Customer’s request is confirmed by LCT Software. Customer’s failure to provide the request and other information as required above will disqualify Customer from receiving a Service Credit.

SLC Exclusions
The Service Commitment does not apply to any unavailability, suspension or termination of the Service or any Service performance issues: (i) caused by factors outside of LCT Software’s reasonable control, including any force majeure event or Internet access or related problems beyond the Service demarcation point; (ii) that result from customizations (if outside of LCT Software’s best practice recommendations), configuration changes by or on behalf of Customer or any End User; (iii) that result from Customer’s or any End User’s or third party’s equipment, software or other technology or integrations (other than third party equipment within LCT Software’s direct control); (iv) that result from any maintenance as provided for pursuant to the above terms; or (vii) arising from our suspension or termination of Customer’s right to use the Service in accordance with the Agreement (collectively, the “SLC Exclusions”). If availability is impacted by factors other than those used in the Monthly Uptime Percentage calculation, LCT Software may issue a Service Credit with consideration to pertinent factors as assessed by LCT Software in its sole discretion.

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EXHIBIT C3
Subscription Terms & Conditions
Purchase or use of the Service (defined below) is subject to these Subscription Terms and Conditions (these “Terms”).

1. DEFINITIONS
“Agreement” means these Terms and, if applicable, the written master service agreement or other written agreement between Customer and LCT Software LLC that incorporates these Terms by reference.

“Communication Data” means any and all information transmitted, shared, or exchanged between Customer and any End User, or between End User and any third party (including any third- party network or website), using the Service, with respect to any transaction or other communication enabled by t he Service, but excluding Security Data.

“Customer” means the entity that purchases a subscription to the Service, directly from LCT Software or through an authorized reseller, distributor, or other channel partner of LCT Software. Customer also includes the entity’s officials, employees, and agents.

"End Users" means individuals who are authorized by Customer to use the Service and for whom Customer has purchased a subscription to the Service. End Users may include but are not limited to Customer’s employees, contractors and agents. Each End User will be associated with a single, unique email address for purposes of accessing (and being identified within) the Service.

“Intellectual Property Rights” means patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights recognized in any country or jurisdiction in the world.

“Optional Services” mean the optional add-ons to the Service that may be available for purchase either directly from LCT Software or through an authorized reseller or partner of LCT Software, as more particularly described or identified in the applicable Order.

“Order” means written orders to purchase subscriptions to use the Service (or, where applicable, to purchase Optional Services).

“Security Data” means any and all information provided by Customer or any End User to establish secure
transmissions through use of the Service, including but not limited to personal information, information used to identify account names or numbers, routing information, usernames, passwords, access codes and prompts.

“Service” or “Subscription Service” means the cloud-based network security service(s) for which Customer has obtained a subscription either directly from LCT Software or through an authorized reseller or other partner of LCT Software, as more particularly described in the applicable agreement or order under which such subscription was obtained. If and as designated in the Specifications, the Service may be inclusive of application programming interfaces (APIs) developed by LCT Software to enable interaction and integration with the Service. Unless otherwise specified herein or other applicable contractual terms, all references to “Service” will be deemed to include any and all Optional Services.

“Software” means any software (including client software for End Users’ devices) that LCT Software makes available for download or otherwise provides for use with the Service.

“Subscription Period(s)” means the duration of Customers and End Users active, paid access to the Service, as designated in the Order(s).

“Supported Modification” means a configuration of or modification to the Service requested by Customer that can be consistently supported by LCT Software via APIs, does not require direct database changes and is DocuSign Envelope ID: FABB72A5-1737-473B-9B24-A1272908F39B

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capable of being tested and maintained by LCT Software.

2. A
UTHORIZED USERS. Only End Users may access or use the Service under Customer’s account. Each En d Us
er may use any reasonable number of compatible devices for purposes of accessing the Service; provided that, LCT Software reserves the right to determine whether a number of devices is reasonable and, in its sole discretion, to place a corresponding cap on the number of devices. Unless expressl y authorized by LCT Software, End User subscriptions cannot be shared or used by more than one individual but may be permanently reassigned to new End Users. The number of End User subscriptions purchased may be increased (under a new Order) but cannot be decreased during any Subscription Period.

3. U
SE OF THE SERVICE 3.1. LCT Software’s Responsibilities. LCT Software will: (i) provide to Customer support related to the Service in accordance with the LCT Software Support Terms accessible at https://zdrive.eu/gVe (which URL location and content may be updated from time to time by LCT Software) and (ii) provide the Service only in accordance with applicable laws and government regulations.

3. 2. Customer’s Responsibilities. Customer will (i) be responsible for meeting LCT Software’s applicable minimum system requirements for use of the Service; (ii) be responsible for End Users’ compliance with these Terms and for any other activity (whether or not authorized by Customer) occurring under Customer’s account, (iii) b
e solely responsible for the accuracy, quality, integrity and legality of Communication Data, (iv) use commercially reasonable efforts to prevent unauthorized access to or use of the Service under its account, and no
tify LCT Software promptly of any such unauthorized access or use, and (v) use the Service only i n a
ccordance with the applicable documentation, laws and government regulations, and any written instructions provided by LCT Software to Customer.

3. 3. Prohibitions. Customer will not, and will endeavor to ensure that its End Users do not, (i) make the Service available to anyone other than End Users; (ii) sell, resell, rent, lease or transfer the Service in whole or in part to any third party (including Customer affiliates) without the express permission of LCT Software and execution of designated transfer documentation; (iii) use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or intellectual property rights; (iv) use the Service to store or transmit viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs; (v) interfere with or disrupt the integrity or performance of the Service or third-party data contained therein; (vi) attempt to gain unauthorized access to the Service or any related systems or networks; or (vii) obtain intellectual property rights to the use of any component of the Services (inclusive of APIs).

3. 4. Software. End Users may need to download and install client Software (as made available by LCT Software or other third party authorized by LCT Software) on each device through which they intend to use the Service.

All use of such Software will be governed by terms of the applicable license agreement or terms of use that accompanies or is made available in connection with the Software. Customer acknowledges that each End User (or authorized Customer representative) must accept such license agreement, and have Service -compatible device(s), to download, install, and/or use the Software. Nothing in these Terms will be deemed to grant to Customer rights of any kind in the Software.

3. 5. Security Data and Privacy. Customer understands that failure to protect Security Data may allow an unauthorized person or entity to access the Service. In addition, Customer acknowledges that LCT Software generally does not have access to and cannot retrieve lost Security Data. If Customer loses Security Data, Customer may no longer have access to the Service. Customer agrees that: (i) Customer (or its End User) is solely responsible for collecting, inputting and updating all Security Data; (ii) LCT Software assumes no responsibility for supervision, management or control of Customer’s and End Users’ Security Data; and (iii) LCT Software assumes no responsibility for any fraudulent or unauthorized use of the Software or any portion of the Service. To the extent that LCT Software has access to any personally identifiable information gathered from Customer or from End Users in connection with the Service, such information will be governed by the provisions of the LCT’s Privacy Policy, a copy of which is available on the LCT Software’s website at https://www.digeplan.com/privacy-policy/
(which URL location and content may be updated from time to time by LCT Software).

4. P

ROPRIETARY RIGHTS
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4.1. Reservation of Rights. Subject to the limited rights expressly granted hereunder, LCT Software reserves all rights, title and interest in and to the Service and any associated Software and documentation, including all related Intellectual Property Rights. No rights are granted to Customer hereunder other than as expressly set forth herein.

4.2. Restrictions. In addition to the other prohibitions set forth in these Terms, Customer will not and will ensure that its agents do not (i) create derivate works based on the Service, (ii) copy, frame or mirror any part or content of the Service, other than copying or framing on Customer’s own intranets or otherwise for Customer’s internal business purposes in accordance with LCT Software’s applicable documentation, (iii) reverse engineer the Service, or (iv) access the Service (inclusive of any APIs) i n order to build or patent a competitive product or service or to copy any features, functions or graphics of the Service.

4.3. Communication Data Ownership. Customer reserves all its rights, title and interest in and to the Communication Data. No rights are granted to LCT Software hereunder with respect to the Communication Data, except that LCT Software may (i) store, copy, process, and transmit such Communication Data for purposes of providing the Service to Customer and (ii) otherwise utilize Communication Data if and as permitted by the LCT Software’s Privacy Policy.

4.4. Customer Suggestions. Customer grants LCT Software a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Service (or LCT’s other software or services) any suggestions, enhancement requests, recommendations, or other feedback provided by Customer or End Users relating to the operation or features of the Service.

5. CONFIDENTIALITY

5.1. Definition. As used herein, "Confidential Information" means all confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. However, Confidential Information will not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.

5.2. Protection. Except as otherwise permitted in writing by the Disclosing Party and subject to the other terms of this Agreement (including LCT Software’s Privacy Policy), (i) the Receiving Party will use the

same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms, and

(ii) the Receiving Party will limit access to Confidential Information of the Disclosing Party to those of its employees, contractors and agents who need such access for purposes consistent with these Terms and who are legally bound to protect such Confidential Information consistent with these Terms.

5.3. Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest, limit, or protect the disclosure.

6. WARRANTIES AND DISCLAIMERS

6.1. Specifications. Subject to the limitations set forth below, LCT Software warrants that the Service will operate in all material respects in accordance with the Specifications. As Customer’s sole and exclusive remedy and LCT Software’s entire liability for any breach of the foregoing warranty, LCT Software will use commercially reasonable efforts to modify the Service so that it conforms to foregoing warranty.

6.2. Service Level Commitment. During the Subscription Period, LCT Software further warrants that the Service will meet the performance level specified in the Service Level Commitment, as made available by LCT Software at https://zdrive.eu/gVe (which URL location and content may be updated from time to time by LCT Software).

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The Service Level Commitment sets forth Customer’s sole and exclusive remedy for LCT Software’s failure to achieve the stated Service performance level.

6. 3. Disclaimers. EXCEPT AS EXPRESSLY PROVIDED HEREIN, LCT SOFTWARE DOES NOT MAKE ANY WARRANTIES

OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND LCT SOFTWARE SPECIFICALLY

DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON -

INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LCT Software will not be responsible to the extent failure of the Service to operate as warranted is caused by or results from:
(i)
an
y modification to the Service other than a Supported Modification; (ii) combination, operation or use of the Service with Customer’s or a third party's applications, software or systems; (iii) abuse, wi llful misconduct or negligence by anyone other than LCT Software or LCT Software’s designee; (iv) use of the Service other than in accordance with the terms of this Agreement and/or the applicable Specifications and LCT Software documentation or (v) any of the SLC Exclusions (as defined in the Service Level Commitment).

7. M
UTUAL INDEMNIFICATION (Removed form agreement)

8. LI
MITATIONS OF LIABILITY. EXCEPT THE PARTIES’ INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 7.1 AND 7.2, IN NO EVENT WILL PARTY’S LIABILITY TO OTHER PARTY OR ANY THIRD PARTY ARISING OUT OF OR IN

CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICE , WHETHER IN

CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID B Y C

USTOMER HEREUNDER OR, WITH RESPECT TO ANY SINGLE INCIDENT, THE AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE INCIDENT.

8. 1. Exclusion of Damages . NEITHER PARTY NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING,

PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR

CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE

INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR

SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO

USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT , TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING EXCLUSIONS APPLY WHETHER OR NOT PARTY HAS

BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF IT S ESSENTIAL PURPOSE. NOTHING IN THESE TERMS EXCLUDES OR RESTRICTS THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE.

8.2. Security and Other Risks. Customer acknowledges that, notwithstanding security features of the Service, no product, hardware, software or service can provide a completely secure mechanism of electronic transmission or communication and that there are persons and entities, includi ng enterprises, governments and quasi-governmental actors, as well as technologies, that may attempt to breach any electronic security measure.

Su
bject only to its limited warranty obligations set forth in Section 6, LCT Software will have no liability for any security breach caused by any such persons, entities, or technologies. Customer further acknowledges that the Service is not guaranteed to operate without interruptions, failures, or errors. If Customer or End Users use the Service in any application or environment where failure could cause personal injury, loss of life, or other substantial harm, Customer assumes any associated risks and will indemnify LCT Software and hold it harmless against those risks.

8. 3. Basis of Bargain. THE LIMITATIONS OF LIABLITY AND EXCLUSIONS OF DAMAGES SET FORTH IN THIS SECTION 8 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LCT SOFTWARE AND CUSTOMER AND WILL APPLY TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW.

9. S

UBSCRIPTION PERIOD AND TERMINATION

9.1. Term of End User Subscriptions. End User Subscriptions purchased by Customer commence on the start date specified in the applicable Order and, unless terminated earlier in accordance with these Terms, continue DocuSign Envelope ID: FABB72A5-1737-473B-9B24-A1272908F39B

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LCT Software LLC MSA – v1.0 DigEplan USA 17
for the term specified therein (the “Subscription Period”). A Subscription Period and/or pricing there on may be subject to prorating where LCT Software deems it appropriate to cause newly purchased Subscriptions to expire or renew simultaneously with Customer’s pre-existing Subscription(s). Except as otherwise specified in the applicable Order, all Subscriptions will automatically renew, following the Initial Subscription Period, for two additional one-year periods (each a “Renewal Subscription Period”) unless and until either party gives written notice of non-renewal at least thirty (30) days in advance. Two additional one year extensions may be authorized by Customer, through amendment of the Agreement. Full term shall not exceed 5 years. The per- unit pricing during any such renewal Subscription Period may be subject to annual pricing increase as designated by LCT Software and notified to Customer. Pricing increases will be effective upon renewal of the Subscription Period and annually thereafter, unless otherwise agreed to by the parties. If either party provides notice of non-renewal as set forth above, Customer’s right to use the Service will terminate at the end of the relevant Subscription Period.

9.2. Termination or Suspension for Cause. A party may terminate any Subscription for cause upon thirty (30) days written notice to the other party of a material breach if such breach remains uncured at the expiration of such thirty (30) day period. In addition, LCT Software may, at is sole option, suspend or terminate Customer’s or any End User’s access to the Service, or any portion thereof, immediately if LCT Software, in its sole discretion: (i) if suspects that any person other than Customer or an End U ser is using or attempting to use Security Data, (ii) suspects that Customer or an End User is using the Service in a way that violates these Terms and could expose LCT Software or any other entity to harm or legal liability, or (iii) is or reasonably beli eves it is required to do so by law or court order.

9.3. Effect of Termination. Within thirty (30) calendar days following the end of Customer’s final Subscription Period, Customer may request in writing LCT Software to provide a copy of Customer’s data and associated documents in a database dump file format. LCT Software will compl y in a timely manner with such request; provided that, Customer (a) pays all costs of and associated with such copying, as calculated at LCT Software then-current time-and-materials rates; and (b) pays any and all unpaid amounts due to LCT Software.

9.4. Surviving Provisions. Sections 4 (Proprietary Rights), 5 (Confidentiality), 6.2 (Disclaimer), 7 (Mutual Indemnification), 8 (Limitation of Liability), 9.3 (Effect of Termination), 9.4 (Surviving Provisions) and 10 (General Provisions) will survive any termination or expiration of this Agreement.

10. GENERAL

10.1. Notice. Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder will be in writing and will be deemed to have been given upon: (i) personal delivery, (ii) the second business day after overnight mailing, or (iii) sending by confirmed email if sent during the recipient’s normal business hours (or, if not, then on the next business day). Notices will be sent to the address specified by the recipient in writing when entering into this Agreement or establishing Customer’s account for the Service (or such other address as the recipient may thereafter specify by notice given in accordance with this Section 10.1).

10.2. Governing Law and Jurisdiction. This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law’s provisions. The exclusive jurisdiction and venue of any action related to the Service or this Agreement will be the state and federal courts located in California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

10.3. Compliance with Laws. Each party will comply with all applicable laws and regulations with respect to its activities under this Agreement including, but not limited to, export laws and regulations of the United States and State of California. Without limiting the foregoing, Customer will not permit End Users to access or use the Service in violation of any U.S. export embargo, prohibition or restriction.

10.4. Relationship of the Parties. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or similar relationship between the parties.

10.5. Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

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10.6. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect.

10.7. Assignment. Customer may not assign or transfer this Agreement, whether by operation of law or otherwise, without the prior written consent of LCT Software. Any attempted assignment or transfer, without such consent, will be void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.

10. 8. Publicity. Subject to the provisions of Section 5, each party will have the right to publicly announce the existence of the business relationship between parties. In addition, during the Subscription Period of Customer’s Service use, LCT Software may use Customer’s name on LCT Software’s websites and marketing materials to identify Customer as LCT Software’s customer, and for providing the Service to Customer.

10. 9. Force Majeure. The Parties will not be liable for any delay or failure to perform under this Agreement to the extent such delay or failure results from circumstances or causes beyond the reasonable control of the Party.

10. 10. Entire Agreement. These Terms, including any attachments hereto as mutually agreed upon by the Parties, constitute the entire agreement between the parties concerning its subject matter and supersedes all prior communications, agreements, proposals or representations, writ ten or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of these Terms will be effective unless in writing and signed by a duly authorized representative of each party against whom the modi fication, amendment or waiver is to be asserted. Notwithstanding any language to the contrary therein, no additional or conflicting terms or conditions stated in Customer’s order documentation will be incorporated into or form any part of these Terms, and all such terms or conditions will be null.

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CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Judy Erlandson, Acting Public Works Director
SUBJECT:

Resolution authorizing the execution of an agreement with Golden State Emergency Vehicle Services Inc. for repairs to fire apparatuses manufactured by Pierce Manufacturing and Boise Mobile Equipment in an amount not-to-exceed $350,000 for a three-year term ending May 31, 2027.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the execution of an agreement with Golden State Emergency Vehicle Services Inc. for repairs to fire apparatuses manufactured by Pierce Manufacturing and Boise Mobile Equipment in an amount not-to-exceed $350,000 for a three-year term ending May 31, 2027.

SUMMARY
Staff is requesting to designate Golden State Emergency Vehicle Service, Inc. (Golden State) as a sole source service provider for the repairs to the City of Livermore's (City) fleet fire apparatuses that are manufactured by Pierce Manufacturing and Boise Mobile Equipment. In 2012, the City and Livermore Pleasanton Fire Department (LPFD) began purchasing fire apparatuses manufactured by Pierce Manufacturing and Boise Mobile Equipment to replace the existing fire engine and truck fleet that was comprised of multiple manufacturers. Golden State is the authorized service center for the Pierce Manufacturing and Boise Mobile Equipment fire apparatuses in Northern California and is headquartered in Sacramento.

DISCUSSION
The City and LPFD currently own and operate 5 fire apparatuses manufactured by Pierce Manufacturing or Boise Mobile Equipment with 4 more apparatuses purchased. Occasionally these vehicles require factory authorized repairs or accident damage repairs that occur during emergency responses that can cause significant body and frame damage. Golden State provides estimates and repairs to Pierce Manufacturing and Boise Mobile Equipment apparatuses for any factory authorized repairs, unanticipated accident repairs, and any general repairs that cannot be performed by Fleet staff. Staff recommends entering into an agreement with Golden State to provide these services. 128

FISCAL AND ADMINISTRATIVE IMPACTS

The total not-to-exceed cost for this three-year agreement is $350,000 which is currently budgeted in the Fleet Division's FY 2023-24 and FY 2024-25 General Fund budget and will be included in future budget years as well.

COMMUNITY PILLAR

5: A City That Works

GOAL

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

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement

Prepared by: Marisa Gan
Acting Public Works Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH GOLDEN STATE EMERGENCY VEHICLE SERVICE, INC. FOR ON-

CALL EMERGENCY SERVICE VEHICLE EVALUATIONS AND REPAIRS
IN AN AMOUNT NOT-TO-EXCEED $350,000 FOR A THREE-YEAR TERM The City of Livermore (“City”) owns fire apparatuses manufactured by Pierce Manufacturing Inc. and Boise Mobile Equipment and occasionally requires factory authorized repairs for these apparatuses and associated equipment. The nearest authorized service center for these fire apparatuses is Golden State Emergency Vehicle Service, Inc. in Sacramento, California.

The proposed agreement with Golden State Emergency Vehicle Service, Inc. provides for diagnostic evaluations and factory authorized repairs, unanticipated accident repairs, and general repairs of fire apparatuses and associated equipment that cannot be performed by City staff. The term of the agreement will commence on June 1, 2024, and terminate on May 31, 2027, and the not-to-exceed amount will total $350,000.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager, or her designee, to execute a general services agreement with Golden State Emergency Vehicle Service, Inc., attached hereto as Exhibit A, for factory authorized repairs, unanticipated accident repairs, and general repairs of fire apparatuses and associated equipment in an amount not-to-exceed $350,000 for a three year term.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 13, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly O’Toole
Deborah L. Elam Molly O’Toole
Acting City Clerk Deputy City Attorney
Exhibit A – General Services Agreement with Golden State Emergency Vehicle Service, Inc.
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Agreement for Services Page 1
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AGREEMENT FOR SERVICES
T
HIS AGREEMENT is made and entered into this day of , 2024, by and between the City of Livermore (“City”), a municipal corporation, and Golden State Emergency Vehicle Service, Inc. (“Contractor”), a California corporation.

RECI
TALS
Cit
y requires services to evaluate and repair emergency service vehicles on an as- needed basis.

C
ontractor warrants it possesses the distinct skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.

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

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

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

2. Relationship of Parties – Independent Contractors. The relationship of the parties shall be that of independent contractors. Contractor and its employees are 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 evaluate and repair emergency service vehicles on an as -needed basis as more particularly set forth in Exhibit "A" (collectively “the Services”).

4. Contractor ’s Responsibilities. Contractor shall:
(
a) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;
(b) P
rovide the resources necessary to complete the S ervices in a timely manner;
(
c) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
(
d) Obtain and keep in effect all necessary licenses , permits, qualifications, insurance, and approvals legally and professionally required for Contractor to practice its profession and to provide the Services;
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(e) Comply with all laws in effect that are related to Contractor and the Services;

(f) Coordinate the Services with Scott Kooreman- Public Works Supervisor Fleet (“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 destroy ing 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.

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5. Compensation and Payment.

(a) The total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $ 350,000 ( "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) City shall pay Contractor no later than 30 days after City receives a written invoice from Contractor and verifies the Services w ere performed for the payment requested.

6. Term. The term of this Agreement commences on June 1, 2024, and terminates upon the completion of the S ervices or May 31, 2027, whichever occurs first. This Agreement may be extended for one additional two- year term by mutual written agreement of the parties.

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, excluding proprietary or confidential manuals, drawings, designs, data, photographs, and reports, prepared or obtained by Contractor in the performance of the Services that relate to the agreed specific repairs 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 whe n 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 DocuSign Envelope ID: 809DB930-51BE-4AFC-B96C-70C0CAB2350E

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

11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, 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 S ervices, nor do the actions constitute an assumption of Contractor’s responsibility or liability by City for any defect or error in the Services.

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

16. Economic Disclosure. Contractor shall comply with City’s local conflict of interest code and the Political Reform Act, and prepare and file an economic disclosure statement if the S ervices involve making, or participation in making, decisions which may have a material effect on the Contractor s’ financial interest. While it is Contractor ’s sole responsibility to evaluate its conflic ts 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 o r remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, the Contractor must present a written claim to City in accordance with Chapter 3.42 of the Livermore Municipal Code.

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

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

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.

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TO CITY: Attention: Scott Kooreman
City of Livermore
1052 S Livermore Avenue
Livermore, California 94550

TO CONTRACTOR: Attention: Daron M. Wright
Golden State Emergency Vehicle Service, Inc.
7400 Reese Road
Sacramento, CA 95828

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

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

Signatures and Attachment List on the Next Page

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

CONTRACTOR: Dated:

____________________________ ___________________________ By: Daron Wright
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: 809DB930-51BE-4AFC-B96C-70C0CAB2350E 4/25/2024 | 2:04 PM PDT

EXHIBIT A
137

EXHIBIT A

SCOPE OF WORK

Golden State Emergency Vehicle Service, Inc. (“Contractor”) shall provide all necessary labor, materials, equipment, and supplies to perform the following duties:

1. Contractor shall coordinate towing services* to transport City vehicles and equipment to Contractor’s repair facility and return said vehicles and equipment to a location designated by the Project Manager.

2. Contractor shall provide a diagnostic evaluation and repair, as requested by the Project Manager and agreed upon by Contractor and the project Manager, for the following types of vehicles and equipment on an as-needed basis: Pierce Saber Pumper, Quantum Enforcer, Quantum Tiller Aerial, Velocity Tiller-Aerial, all Boise Mobile Equipment, and other Pierce fire apparatus. If a unit is damaged beyond repair of the Contractor, it may be transferred to the Pierce repair facility in Weyauwega, WI as authorized by the Project Manager.

3. Contractor shall make all repairs necessary to return vehicle and equipment back to pre accident condition. This includes services provided under warranty.

TERMS

4. This agreement does not obligate the City to any particular amount of work to be completed by Contractor.

5. All employees of Contractor shall wear uniforms clearly identifying them as employees of Contractor at all times while on City premises for the purpose of completing work.

6. City reserves the right to halt work at any time for noncompliance with this agreement, or unsafe work conditions or practices.

7. City and Contactor will agree on scope of work for each repair to a City vehicle or equipment to be done before any work is started. Any changes to the agreed-upon scope of work will need to be authorized by the Project Manager before proceeding.

8. Contractor shall warranty all work, excluding electrical repairs, for a minimum of ninety days after the completion of the work. Any work with installation or materials that does not meet the standards of the National Fire Protection Association standard 1911.17 shall be at the sole cost of the Contractor within this ninety-day period. Acceptance or rejection of repairs will be made by City within 10 calendar days of receipt of the vehicle or equipment. Equipment repaired by Contractor may not be placed into front line or reserve status until the equipment has been accepted by City and City has notified Contractor of the acceptance.

COMPENSATION

I. City shall compensate Contractor at the rates set forth in the table below.

Activity 2024 Rates
Shop Labor $180.00 per hour
Mobile Service Labor $180.00 per hour
After Hours Call Out Fee $300.00 per occurrence
After Hours Labor Rate $180.00 per hour
Sublet Repairs/Towing Cost approved by City as needed
DocuSign Envelope ID: 809DB930-51BE-4AFC-B96C-70C0CAB2350E

EXHIBIT A
138
*Towing services are the financial
responsibility of City.

All parts, materials, and parts-related
charges
Charged to City at Contractor’s cost with
no additional markup.

2. Starting on January 1, 2025, Contractor may increase the hourly rates for labor once per calendar year. Said hourly labor rates, including any increased hourly rates, shall conform to industry-standard hourly labor rates in the vehicle mechanic industry for repair of specialized emergency vehicles of the type and character specified in this Exhibit A. Any rate increase shall be submitted in writing to the Project Manager at least thirty (30) days before the rate increase takes effect.

3. Contractor shall agree to provide parts to complete the agreed upon tasks at the best possible pricing. Additional parts-related charges may include, but are not limited to, hazardous disposal, shop/wielding supplies, fuel top-off, freight charges, sales tax, and service fees such as electronic tooling hookup fees. No additional markup will be charged on parts, materials, and additional parts- related charges.

4. Contractor shall make reasonable efforts to use original equipment manufacturer (OEM) parts or comparable high quality/warrantable parts and materials. OEM parts must have at least a six-month warranty period.

5. All part or material warranties will be provided to City upon job completion. If a part or material fails within the warranty period, Contractor will work with City and part or material vendors to recover costs and/or replacements. Warranties available would mirror OEM warranties on labor, parts, and materials.

6. At City's request Contractor must provide an itemized list of all labor and parts on all invoices.

7. Expedited shipping of parts must be agreed upon by the Project Manager before vendor places the order.

8. Contractor shall deliver all invoices via email to maintenance- [email protected].

DocuSign Envelope ID: 809DB930-51BE-4AFC-B96C-70C0CAB2350E

EXHIBIT A
139

Revised 9/21/2015 B6 – 1M GK

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Livermore City CouncilMay 13, 2024

Livermore City Council
May 13, 2024