Agenda packet — Livermore City Council, June 10, 2024 (part 1 of 3)

CITY COUNCIL
AGENDA
MONDAY, JUNE 10, 2024
REGULAR MEETING –
7:00 PM

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

CIVIC CENTER MEETING HALL

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

Comcast TV Channel 29
tv29live.org
John P Marchand, Mayor
Robert W Carling, Vice Mayor
Ben
Barrientos, Council Member
Evan Branning, Council Member
Brittni Kiick, Council Member
Livermore City Council Agenda
June 10, 2024

1 1.

CLOSED SESSION - NONE.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation declaring June 2024, as LGBTQ+ Pride Month presented to Amy Rose, Pride Co-Founder and Board Member of Livermore Pride.

Recommendation:

Staff recommends City Council declare June 2024, as LGBTQ+ Pride Month.

Staff Report

Attachments:

1. Proclamation

3.2 Presentation of the 2024 High School Senior Arts Awards.

Recommendation:

Staff recommends the Mayor and City Council present the High School Senior Arts Awards to award recipients.

Staff Report

3.3 Livermore Area Youth Advisory Commission Annual Update presented by Chair Alexa Sumitra.

Recommendation:

Staff recommends the City Council accept the Livermore Area Youth Advisory Commission annual update.

Staff Report

Attachments:

1. 2024 LAYAC Annual Update to City Council Presentation

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

ROLL CALL

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

PLEDGE OF ALLEGIANCE

Livermore City Council Agenda
June 10, 2024

2 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 for each item 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 Approval of draft minutes - April 15, 2024 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. DRAFT 2024-04-15

5.2 Approval of draft minutes - May 13, 2024 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. DRAFT 2024-05-13

5.3 Resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the Slurry Seal 2021 Project 2021-04.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and authorizing the City Manager to sign the Notice of Completion for the Slurry Seal 2021 Project 2021-04.

Staff Report

Attachments:

1. Location Map

Livermore City Council Agenda
June 10, 2024

3 2. Resolution

3. Exhibit A - Notice of Completion

5.4 Resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the Crosswalk Improvement Projects 2022-06 and 2021-35.

Recommendation:

Staff Report

Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Notice of Completion

5.5 Resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the Storm Drain Trash Capture Devices Project 2021-12.

Recommendation:

Staff Report

Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Notice of Completion

5.6 Resolution adopting a list of projects for FY 2024-25 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 and approving the use of Road Maintenance and Rehabilitation Account Funds.

Recommendation:

Staff recommends the City Council adopt a resolution approving a list of projects for FY 2024- 25 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 and approve the use of Road Maintenance and Rehabilitation Account Funds.

Staff Report

Attachments:

1. Projects Map

2. Resolution

3. Exhibit A - SB1 Project List

5.7 Resolution authorizing execution of an agreement with Univar Solutions USA, LLC for the

Livermore City Council Agenda
June 10, 2024

4 supply and delivery of sodium hypochlorite for use at the Water Reclamation Plant, in an amount not-to-exceed $705,600, and an appropriation of $202,700 to the Sewer Fund Operating Budget for FY 2024-25.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the execution of an agreement with Univar Solutions USA, LLC for the supply and delivery of sodium hypochlorite for use at the Water Reclamation Plant, in an amount not-to-exceed $705,600, and an appropriation of $202,700 to the Sewer Fund operating budget for FY 2024-25.

Staff Report

Attachments:

1. Bay Area Chemical Consortium Award Letter

2. Resolution

3. Exhibit A - Agreement

5.8 Resolution authorizing execution of an agreement with EOA, Inc. for stormwater regulatory compliance assistance for a term of three years in an amount not-to-exceed $191,050.

Recommendation:

Staff recommends that the City Council adopt a resolution authorizing execution of an agreement with EOA, Inc. for stormwater regulatory compliance assistance for a term of three years in an amount not-to-exceed $191,050.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement

5.9 Resolution authorizing execution of an agreement with Lynx Technologies, for Geographic Information System enhancements, upgrades, development and maintenance services in the amount not-to-exceed $250,000, and a term of two years.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing execution of an agreement with Lynx Technologies, for Geographic Information System (GIS) enhancements, upgrades, development and maintenance services in the amount not-to-exceed $250,000, and a term of two years.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement

5.10 Resolution authorizing execution of a second amendment to the agreement with Terracare Associates for City-wide landscape maintenance, increasing the not-to-exceed amount from $3,900,000 to $6,600,000 and extending the term of the agreement two additional years to May 31, 2026.

Livermore City Council Agenda
June 10, 2024

5 Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a second amendment to the agreement with Terracare Associates (Terracare) for City-wide landscape maintenance to add additional tasks, increase task rates by CPI, increase the not- to-exceed amount from $3,900,000 to $6,600,000, and extend the term of the agreement two additional years to May 31, 2026.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Second Amendment to Agreement

5.11 Resolution authorizing the execution of an agreement with West Coast Arborists, Inc. for tree and shrub maintenance and removal services in an amount not-to-exceed $1,800,000 for a three-year term ending May 31, 2027.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing execution of an agreement with West Coast Arborists, Inc. to perform tree and shrub pruning and maintenance services in an amount of $600,000 per year for a total not-to-exceed of $1,800,000 for a three year-term ending May 31, 2027 with the option to extend the agreement for two additional two-year terms.

Staff Report

Attachments:

1. Cooperative Purchasing Contract

2. Resolution

3. Exhibit A - Agreement

5.12 Resolution directing the City Engineer to file the Consolidated Annual Report for the City’s Landscape Maintenance Districts, and Resolution of Intention to levy annual assessments for the Landscape Maintenance Districts for Fiscal Year 2024-25, preliminarily approve the Consolidated Annual Report, and establish a Public Hearing date for the annual levy of assessments.

Recommendation:

Staff recommends the City Council:
1 .

Adopt a resolution directing the City Engineer to file the Consolidated Annual Report for the City’s Landscape Maintenance Districts.
2 .

Adopt a Resolution of Intention to:
a
.

Levy and collect landscape maintenance assessments for all Districts formed under the Landscaping and Lighting Act of 1972 for Fiscal Year 2024-25; b
.

Preliminarily approve the Consolidated Annual Report for all City Landscape Maintenance Districts; and,
c
.

Establish a Public Hearing for July 8, 2024 for the levy of assessments for Fiscal Year 2024-25.

Livermore City Council Agenda
June 10, 2024

6 Staff Report

Attachments:

1. Proposed Assessments for Districts for FY 2024-25

2. Proposed Assessments for DTLMD No. 859 for FY 2024-25

3. FY 2024-25 Consolidated Annual Report

4. Resolution - City Engineer Direction

5. Resolution - Resolution of Intention

5.13 Resolution Approving the FY 2024-25 Budget Update

Recommendation:

Staff recommends that City Council adopt a resolution approving the 2024-25 Budget Update.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - FY 2024-25 Budget Update Report

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

Recommendation:

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

Staff Report

Attachments:

1. Investment Policy Red-Line

2. Resolution

3. Exhibit A - Investment Policy

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

Recommendation:

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

Staff Report

Attachments:

1. Resolution

6. PUBLIC HEARINGS

6.1 Hearing to authorize negotiation of a Development Agreement with the property owner, Align Real Estate, to secure community benefit and social opportunity endowment funding as part of

Livermore City Council Agenda
June 10, 2024

7 proposed Isabel Specific Plan Amendments changing the land use from a Business Park designation to residential designations. Location 3011, 3055, and 3077 Triad Place.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing staff to proceed with negotiating terms for a Development Agreement (DA24-002) to be considered by the City Council at a later date concurrently with review of corresponding Isabel Neighborhood Specific Plan amendments.

Staff Report

Attachments:

1. Location Map

2. Resolution

7. MATTERS FOR CONSIDERATION

7.1 Discussion and Direction regarding the Comprehensive General Plan Update – Draft Preferred Land Use Scenario.

Recommendation:

Staff recommends City Council:

1 .

Approve the General Plan Advisory Committee’s preferred land use scenario, which includes the Laughlin, Vasco Row, and Midtown focus areas, subject to the Planning Commission recommendations.
2 .

Identify East of Greenville as a future study area and direct staff to develop policy direction identifying the conditions under which to study future land use changes, consistent with Planning Commission recommendations.
3 .

Direct staff to proceed with finalizing the General Plan land use map, developing the General Plan policy framework, and conducting the General Plan environmental analysis.

Staff Report

Attachments:

1. May 7 2024 PC Report

2. GPAC Preferred Land Use Scenario Map

3. GPAC Recommendations

4. Planning Commission Recommendations

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS

9. ADJOURNMENT

To a Regular City Council meeting on Monday, June 24, 2024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

Livermore City Council Agenda
June 10, 2024

8 10.

SUPPLEMENTAL MATERIALS

10.1 Supplemental materials received prior to the meeting.

Staff Report

Attachments:

1. Supplemental Materials

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
June 10, 2024

9 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
June 10, 2024

10 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1

DATE:

June 10, 2024
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Proclamation declaring June 2024, as LGBTQ+ Pride Month presented to Amy Rose, Pride Co-Founder and Board Member of Livermore Pride.

RECOMMENDED ACTION

Staff recommends City Council declare June 2024, as LGBTQ+ Pride 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
11 12

CITY COUNCIL STAFF REPORT
ITEM NO. 3.2

DATE:

June 10, 2024
TO:

Honorable Mayor and City Council
FROM:

Brandon Cardwell, Innovation and Economic Development Director SUBJECT:

Presentation of the 2024 High School Senior Arts Awards.

RECOMMENDED ACTION

Staff recommends the Mayor and City Council present the High School Senior Arts Awards to award recipients.

SUMMARY

DISCUSSION

ATTACHMENTS

Prepared by: Xochitl Roberts
Senior Clerk

DATE:

June 10, 2024
TO:

Honorable Mayor and City Council
FROM:

Anwan Baker, Library Director
SUBJECT:

Livermore Area Youth Advisory Commission Annual Update presented by Chair Alexa Sumitra.

RECOMMENDED ACTION

Staff recommends the City Council accept the Livermore Area Youth Advisory Commission annual update.

SUMMARY

DISCUSSION

ATTACHMENTS

1. 2024 LAYAC Annual Update to City Council Presentation

Prepared by: Nathan Brumley
Assistant Library Services Director

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
14 Livermore Area Youth Advisory Commission
(LAYAC)
June 10, 2024
Presentation by LAYAC Chair Alexa Sumitra
ATTACHMENT 1
15 Commission Overview
Staff Liaisons
➢ Nathan Brumley – City of Livermore
➢ Nancy Blair – LARPD
➢ Tracie Christmas – LVJUSD
Location
➢ Robert Livermore Community Center
Membership
➢ 2 year terms
➢ 18 members
➢ 15 youth members (ages 12-20)
➢ 3 adult non-voting members
Roster
• Youth Members: Greta Fick-Furlotte, Ashwin Gaur, Ally Grant, William Matishov, Addie McMichael, Sai Gayathri Penugonda, Isabel Roy, Isha Sahu, Jessica Seburn, Ojasvi Sharma, Samaira Grover (Communications Officer), Danielle Rasmussen (Secretary), Michael Zhang (Vice Chair), Alexa Sumitra (Chair) • Current Adult Members: Heater Mackey, Gurprem Singh
Meetings: Monthly, First Monday, 7:00 p.m. (unless otherwise noted) ATTACHMENT 1
16 Duties and Responsibilities
• The Youth Advisory Commission brings together youth and adult, private and public sectors of the community to address responsibility for the care, health, safety, welfare and education of Livermore's young constituents • The Commission promotes youth involvement in local government through direct communication with City leadership
ATTACHMENT 1
17 2024 Projects
ATTACHMENT 1
18 Collaborations
• Contributed a youth perspective on the City’s General Plan through small-group collaborations
• Represented LAYAC at the 2024 Tri-Valley Youth Commission Roundtable ATTACHMENT 1
19 What’s Next
• Volunteering at Community Service Day
• Transitioning to a library program (restructuring our commission) • LYC 2024-25 recruitment
• LVJUSD middle school visits for incoming high school freshman • Assisting seniors with technology @ RLCC
ATTACHMENT 1
20 Thank you for your time!
ATTACHMENT 1
21 CITY COUNCIL STAFF REPORT
ITEM NO. 5.1

DATE:

June 10, 2024
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Approval of draft minutes - April 15, 2024 Regular Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. DRAFT 2024-04-15

Prepared by: Debbie Elam
Acting City Clerk

CITY COUNCIL
April 15, 2024
________________________________________________________________

REGULAR MEETING

1. CLOSED SESSION – NONE.

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

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

Absent: Council Members Ben Barrientos and Brittni Kiick.

PLEDGE OF ALLEGIANCE

Mayor Marchand requested a moment of silence in honor of Council Member Barriento’s mother who recently passed away.

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

Mayor Marchand presented a proclamation to Christine Dillman, Executive Director of Tri-Valley Haven recognizing Tri-Valley Haven during Sexual Assault Awareness Month.

4. OPEN FORUM

Mayor Marchand opened the public comment period.

David McGuigan, provided a comment.

Shirley Lewandowski, provided a comment.

Herlindo Alfaro, provided a comment.

Marti Sutton, provided a comment.

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

5. CONSENT CALENDAR
ATTACHMENT 1
23 CM/75/2 Minutes APRIL 15, 2024

Mayor Marchand re-ordered the agenda and moved Item 5.12 from the Consent Calendar for separate discussion and action after Item 6.2.

Mayor Marchand opened the public comment period.

Item 5.3 Donna Cabanne, provided a comment.

Item 5.3 Felicia Ziomek, provided a comment.

Item 5.3 Shirley Lewandowski, provided a comment.

Items 5.2 and 5.3 Jean King, provided a comment.

Items 5.3, 5.7, and 5.10 Alan, provided a comment.

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

ON THE MOTION OF VICE MAYOR CARLING , SECONDED BY COUNCIL MEMBER BRANNING AND CARRIED ON A 3- 0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR WITH EXCEPTION OF ITEM 5.12.

5.1 Approval of draft minutes – March 25, 2024 Regular Meeting

5.2 Adoption of O rdinance 2155 pre-zoning the SMP 39 and SMP 40 properties to Planned Development - Industrial (PD-I) 22-001 and the Additional Annexation Only Parcels to Open Space - Floodplain (OS -F) consistent with Planned Development - Industrial (PD-I) 22-001, Zoning Map Amendment (ZMA) 21-002, and Development Code Amendment (DCA) 21- 005;

Adoption of Ordinance 2156 authorizing execution of Pre-Annexation and Development Agreement (DA) 21-001;

Adoption of Ordinance 2157 authorizing execution of Pre-Annexation and Development Agreement (DA) 23-002.

5.3 Introduce an ordinance, and waive the first reading, amending Title 11, Chapter 11.08, Airport Rules and Regulations, Chapters 11.08.010 Definitions and

11.08.110 Aviation Fueling Operations in the Livermore Municipal Code to Require Fixed Base Operators to Provide certain aviation fuels by December 12, 2025.

5.4 Resolution 2024-046 authorizing the following actions for Water Reclamation Plant (WRP) UV Treatment System Replacement Project 2021-28:

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

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

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

ATTACHMENT 1
24 APRIL 15, 2024 Minutes CM/75/3

5.5 Resolution 2024-047 authorizing execution of an agreement with Rincon Consultants, Inc. to provide planning consultant and project management services in an amount not -to-exceed $600,000 over a three- year term ending on April 16, 2027.

5.6 Resolution 2024-048 authorizing an agreement with Tagswag Holdings, Inc. dba All Video Media Solutions to install and configure hardware and software in five conference rooms throughout several city facilities including the Civic Center Library, Police Department, Water Reclamation Plant, Maintenance Services Center, and City Hall in an amount not-to-exceed $159,000.

5.7 Resolution 2024-049 authorizing execution of an amended purchase order with OverDrive for the licensing of e-books, audiobooks, and electronic periodicals, in an amount not-to-exceed $120,000.

5.8 Resolution 2024-050 determining Tract 8657, Triad East Amarone, located at the northeast corner of Triad Drive and North Canyons Parkway, is annexed to the City of Livermore Community Facilities District No. 2023 -1 (Isabel Neighborhood Specific Plan Services).

5.9 Resolution 2024-051 approving an exception to the Livermore Municipal Code bidding requirements and authorizing issuance of a purchase order in an amount not -to-exceed $120,000 for six CUBIC Trafficware Advanced Transportation Controller Cabinet Assemblies from AZCO Supply as part of the Traffic Signal Modification 2019-2021 Project 2019-33.

5.10 Resolution 2024 -052 receiving the Livermore Police Department's 2023 Annual Review of Military Equipment Report, determining that the equipment identified in the report complies with applicable standards, and determining the Livermore Municipal Code section 2.36.200 Military Equipment should be renewed and remain in effect.

5.11 Resolution 2024-053 of continued local emergency in response to impacts from a series of severe storm events last year.

ITEM 5.12 WAS MOVED BY THE MAYOR TO BE HEARD AFTER ITEM 6.2

6. PUBLIC HEARINGS

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

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

ATTACHMENT 1
25 CM/75/4 Minutes APRIL 15, 2024
Senior Civil Engineer, Debie Salgado presented the staff report.

Ma
yor Marchand opened the public hearing.

T
here were no speakers, and the hearing was closed.

THE MOTION OF COUNCIL MEMBER BRANNING SECONDED BY VICE
MAYOR CARLING AND CARRIED ON A 3- 0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

R
esolution 2024-054 approving the amended and restated resolution of the City of Livermore authorizing the City to join the Statewide Community Infrastructure Program; authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct special assessment proceedings and levy assessments and special taxes and to form Assessment Districts and Community Facility Districts within the territory of the City of Livermore; embodying a joint Community Facilities agreement setting forth the terms and conditions of Community Facilities District financings ; approving form of acquisition agreement for use when applicable; and authorizing related actions.

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

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

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

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

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

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

5. Authorizing the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the FY 2024- 25 Annual Action Plan and the Section 108 guaranteed loan application.

ATTACHMENT 1
26 APRIL 15, 2024 Minutes CM/75/5
Manag
ement Analyst Amy Walker presented the staff report.

May
or Marchand opened the public hearing.

Ther
e were no speakers, and the hearing was closed.

ON T

HE MOTION OF VICE MAYOR CARLING , SECONDED BY COUNCIL
MEMBER BRANNING AND CARRIED ON A 3- 0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Re
solution 2024-055 approving the FY 2024- 2025 A nnual Action Plan and application for a new Section 108 G uaranteed Loan; authorizing submittal to the U.S. Department of Housing and Urban Development; and authorizing execution of associated documents.

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

May
or Marchand opened the public hearing.

Ther
e were no speakers, and the hearing was closed.

ON T

HE MOTION OF COUNCIL MEMBER BRANNING SECONDED BY VICE
MAYOR CARLING AND CARRIED ON A 3 -0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALEDAR ITEM 5.12.

Re
solution 2024-056 authorizing the allocation and appropriation of Community Development Block Grant, Home Investment Partnership Program, Housing In- Lieu funds, and General funds in the total amount of $972,988 for Fiscal Year 2024-25 and authorizing the execution of documents required to receive, use, and distribute funds.

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

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

Fi
re Marshall Ryan Rucker presented the staff report.

May
or Marchand opened the public hearing.

ATTACHMENT 1
27 CM/75/6 Minutes APRIL 15, 2024
There were no speakers, and the hearing was closed.

ON T

HE MOTION OF VICE MAYOR CARLING, SECONDED BY COUNCIL
MEMBER BRANNING AND CARRIED ON A 3- 0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Re
solution 2024-057 Overruling protests and ordering the abatement of weeds, rubbish, dirt, or refuse on certain described properties under the 2024 W eed Abatement Program.

7. M

ATTERS FOR CONSIDERATION

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

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

Seni
or Human Resources Analyst Kristen Hilton presented the staff report.

May
or Marchand opened the public comment period.

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

ON T

HE MOTION OF COUNCIL MEMBER BRANNING SECONDED BY VICE
MAYOR CARLING AND CARRIED ON A 3 -0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Re
solution 2024-058 adopting 180-Day wait period exception to hire a retiree in accordance with Government Code Sections 7522.56 and 21224.

8. CO

UNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
THE

MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

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

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

Pride Flag the City Council requested an agenda item be added to a future meeting related to raising the Pride Flag on the City Hall Campus during the month of June.

Read
in Day at Marilyn Avenue School Council Member Carling noted his ATTACHMENT 1
28 APRIL 15, 2024 Minutes CM/75/7
attendance on March 29, 2024.

9. ADJ
OURNMENT – at 8:04 pm in memory of Marjorie Leider Special City Council meeting on Monday, April 29, 2024 at 5:00 pm, and to a Regular City Council Meeting on Monday, May 13, 2024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

APPROVED:

JO HN P. MARCHAND, MAYOR
ATTEST: ___
DEBO RAH L. ELAM, ACTING CITY CLERK
ATTACHMENT 1
29 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

June 10, 2024
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Approval of draft minutes - May 13, 2024 Regular Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. DRAFT 2024-05-13

Prepared by: Debbie Elam
Acting City Clerk

TY COUNCIL
MAY 13, 2024
________________________________________________________________ C

LOSED SESSION
CAL
L TO ORDER – The Closed Session of the City Council was called to order by Vice Mayor Robert W. Carling at 6:30 pm, held in person at 1016 S. Livermore Avenue and YouTube.

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

A
bsent: Mayor John Marchand
O

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

V
ice Mayor Carling opened the public comment period.

I
tems 1.1, 1.3, and 1.5 Jean King, provided a comment.

T
here were no more speakers, and the hearing was closed.

1. ADJ

OURN TO CLOSED SESSION

1.1 C
onference 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 ATTACHMENT 1
31 CM/75/2 Minutes MAY 13, 2024

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.

Council Member Barrientos left the closed session due to a conflict of interest.

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.

______________________________________________________________

REGULAR MEETING

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

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

Absent: Mayor John Marchand

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION

Acting City Attorney Tara Mazzanti said there was no reportable action.

3. PROCLAMATIONS AND PRESENTATIONS

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

ATTACHMENT 1
32 MAY 13, 2024 Minutes CM/75/3
Vi
ce Mayor Carling presented a proclamation to Darin Lounds, East Bay Housing Organizations Board Member, recognizing East Bay Housing Organizations 40th Anniversary.

3.2 Pr
oclamation declaring May 2024 as Jewish American Heritage Month, presented to Tsahala David, President of Congregation Beth Emek Vi
ce Mayor Carling presented a proclamation to Tsahala David, President of Congregation Beth Emek , declaring May 2024 as Jewish American Heritage Month.

3.3 Pr
oclamation 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.

Vic
e Mayor Carling presented a proclamation to Judy Erlandson, City of Livermore Acting Public Works Director, declaring May 19-25, 2024, as Public Works Week in the City of Livermore.

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

Vi
ce Mayor Carling presented a proclamation to as Sidhu, City of Livermore Risk Manager, declaring June as Safety Awareness Month.

4. OPEN
FORUM
Vi
ce Mayor Carling opened the public comment period.

Jean K
ing provided a comment.

Eri
k Sommargren provided a comment.

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

5. CONS

ENT CALENDAR
It
em 5.10 Vice Mayor Carling removed this item from the agenda.

It
ems 5.1 Vice Mayor Carling removed this item from the Consent Calendar for separate discussion and action.

Vi
ce Mayor Carling opened the public comment period for Item 5.1.

It
em 5.1 Paul Milner provided a comment.

It
em 5.1 Felicia Ziomek provided a comment.

ATTACHMENT 1
33 CM/75/4 Minutes MAY 13, 2024
Item 5.1 David Fiala provided a comment.

It
em 5.1 Jean King provided a comment.

It
em 5.1 Linda Milanese provided a comment.

It
em 5.1 Shirley Lewandowsky provided a comment.

It
em 5.1 Pete Sandhu provided a comment.

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

ON T

HE MOTION OF COUNCIL MEMBER BRANNING , SECONDED BY
COUNCIL MEMBER KIICK AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5.1

5.1 Adoption of Ordinance 2158 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.

Vi
ce Mayor Carling opened the public comment period for the remaining Consent Calendar.

It
em 5.12 Jean King provided a comment.

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

ON T

HE MOTION OF COUNCIL MEMBER KIICK, SECONDED BY COUNCIL
MEMBER BRANNING AND CARRIED ON A 4 -0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEMS 5.2-5.9, AND 5.11-5.20.

5.2 Re
solution 2024 -059 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.

5.3 Resolution 2024-060 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.

5.4 Resolution 2024-061 authorizing execution of an agreement with Independent Code Consultants 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.

ATTACHMENT 1
34 MAY 13, 2024 Minutes CM/75/5
Re
solution 2024-062 authorizing execution of an agreement with 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.

5.5 Resolution 2024-063 authorizing execution of an agreement with TruePoint Solutions LLC to implement 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.

5.6 Resolution 2024-064 authorizing 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.

5.7 Resolution 2024-065 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.

5.8 Resolution 2024-066 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.

5.9 Resolution 2024-067 authorizing 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.

5.11 Resolution 2024-068 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.

5.12 Resolution 2024-069 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”.

5.13 Resolution 2024-070 adding Traffic Operation Center Upgrade, Project 2023-28 to the 2023-2028 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 ATTACHMENT 1
35 CM/75/6 Minutes MAY 13, 2024
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.

5.14 Resolution 2024-071 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.

5.15 Resolution 2024-072 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.

5.16 Resolution 2024-073 authorizing the display of the Philadelphia rainbow pride flag for the month of June 2024.

5.17 Resolution 2024-074 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.

5.18 Resolution 2024-075 accepting the Single Audit Report related to federal grants for the Fiscal Year Ending June 30, 2023.

5.19 Resolution 2024-076 authorizing 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.

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

City
Council approved a six -month extension letter to Republic Services Vasco Road Landfill.

6. PUBL

IC HEARINGS

6.1 Publ
ic Hearing to approve the Livermore Sanitation, Inc. requested

3.68% rate adjustment to be effective July 1, 2024.

Re
commendation: Staff recommend ed 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.

Ac
ting Public Works Director, Judy Erlandson presented the staff report.

ATTACHMENT 1
36 MAY 13, 2024 Minutes CM/75/7
Vi
ce Mayor Carling opened the public hearing.

Ji
m McSharry provided a comment.

Ther
e were no more speakers, and the hearing was closed.

ON T

HE MOTION OF COUNCIL MEMBER BARRIENTOS , SECONDED BY
COUNCIL MEMBER KIICK AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING:

Re
solution 2024-077 approving an amendment updating E xhibit H of the Third Amended and Restated Franchise Agreement with Livermore Sanitation, Inc. to include a rate adjustment effective July 1, 2024

7. MAT
TERS FOR CONSIDERATION – NONE.

8. COUNCI

L COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
THE

MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

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

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

Li
vermore Downtown Street Fest, Council Member Branning noted he will be in attendance May 19, 2024.

Ban
khead Theater, Council Member Barrientos noted his attendance at the Jason Lyle Black show on May 12, 2024, and encouraged others to attend events.

Li
vermore Sanitation Fees, City Council directed staff to provide a memo clarifying the sizes and fees related to income-based residential garbage service, and confirming whether a discount is only on larger sized residential garbage containers.

Liv
ermore Little League , Council Member Kiick noted her attendance at the Mother’s Day Softball League event on May 12, 2024.

Publ
ic Comment, City Council directed staff to up date the public comment language on the agenda to reflect that speakers commenting on items pulled from the Consent Calendar are allowed a three-minute comment per item.

Vi
neyard Resource Center , Vice Mayor Carling noted his attendance at the opening on May 9, 2024.

Liv
ermore High School, Vice Mayor Carling noted his attendance at a performance of Mama Mia performed by Livermore High School and Granda High ATTACHMENT 1
37 CM/75/8 Minutes MAY 13, 2024
School students.

9. ADJO
URNMENT – at 8:12 pm in memory of Willow Alcala to a Special City Council Meeting on Monday, May 20, 2024 at 5:00 pm and a Regular City Council Meeting on Monday, J une 10, 2 024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

APPRO
VED:

ROB ERT W. CARLING VICE MAYOR
ATTE
ST: ___
DEBO RAH L. ELAM, ACTING CITY CLERK
ATTACHMENT 1
38 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

June 10, 2024
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Assistant City Manager
SUBJECT:

Resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the Slurry Seal 2021 Project 2021-04.

RECOMMENDED ACTION

SUMMARY
On April 23, 2023, City Council awarded the contract for construction of the Slurry Seal 2021 Project to Pavement Coatings Co. The contract was substantially completed on December 8, 2023, and can be accepted for permanent maintenance. The process to release the contractor's bonds can begin.

DISCUSSION
The Slurry Seal 2021 project consisted of the construction of slurry seal and micro-surfacing pavement treatments in the City of Livermore (City) at the locations shown in Attachment 1. The project consisted of preparatory street cleaning, tree trimming, root pruning, asphalt concrete pavement repairs, installation of ADA ramp truncated domes, minor concrete work, crack sealing, removal of existing traffic striping and markers, application of micro-surfacing and slurry seal treatments, adjusting utility boxes to grade, new thermoplastic pavement striping and marking, and various site improvements. The project was completed in accordance with the contract documents in a manner acceptable to the City Engineer.

At time of award, the contractor provided a faithful performance bond guaranteeing completion of the project, and that bond must now be released. Six months after the date of the resolution accepting the project, the labor and materials bond guaranteeing the improvements should be reduced to an amount equal to any claims filed and of which notice has been given. The balance of the bond will be released upon the settlement of all claims and obligations for which the security was given. There are no known claims at this time. The security for the guarantee and warranty of work shall remain in effect for one 39 year from the date of the resolution.

FISCAL AND ADMINISTRATIVE IMPACTS

The original construction contract amount was $2,275,100, plus a 10% percent contingency for change orders for a total contract budget of $2,502,610. The final contract amount was $2,293,439, which is less than 1% percent above the original contract based on final bid item quantities and three change orders.

The total value of change orders was $18,339 which consisted primarily of additional curb ramps not included on the plans and the removal of a tree stump not specified for removal.

Funding sources for this project are Fund 740, 651, 650 and 344.

There will be no added expenses required to maintain these improvements. Funds 650, 651 Street Maintenance.

COMMUNITY PILLAR

5: A City That Works

GOAL

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

ATTACHMENTS

1. Location Map

2. Resolution

3. Exhibit A - Notice of Completion

Prepared by: Joe Kuderca
Associate Engineering Technician

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
40 S. VASCO RD.

S. LIVERMORE AVE.

EAST AVE
RAILROAD AVE.HOLMES ST.ARROYO RD.CONCANNON BLVD.

PATTERSON

LAUGHLIN RDSCENIC AVE
N. VASCO RD
MURDELL LN.ISABEL AVE (SR84)
I-580
I-580
PORTOLA AVE.

FIRST ST.

S. VASCO RD.

MINES RD
FIRST ST.

Las PositasLas PositasGolf CourseCollege
AirportMunicipal
ISABEL AVE (SR 84)E. STANLEY RD.

CHARLOTTE WY
PORTOLA AVE.

S. GREENVILLE RD.

LAS POSITAS RD.

NORTH CANYONS PKWY.

COLLIER CANYON RD.

PORTOLA AVE.

N "L" ST.

EMILY WY.MESQUITE WY.PATTERSON PASS RD.

PASS RD.WEST AGET DR.

NAYLOR AVE.

BRISA ST.

ALTAIR AVE.WALLS ST.EL CAMINIT0ALEXANDER ST.

GARNET DR.

JENSEN ST.

MURRIETA BLVD.

PEARL DR.

ENOS WY.

HILLCREST AVE.POMONA WY.

ARROWHEAD AVE.

LOYOLA WY.

SCHOOL ST.

FENTON ST.

SEVENTH ST.

WISTERIA WY.CRESTMONT AVE
AIRWAY BLVD.

N "P" ST.CHESTNUT ST.WALNUT ST.PINE ST.

HAYES AVE.AUBURN ST.JACKSON AVE.

FOURTH ST.LIVERMORE
SHEET: L-1, PD-1
SHEET: L-3, PD-3
SHEET: L-8, PD-8SHEET: L-9, PD-9
SHEET: L-10, PD-10SHEET: L-6, PD-6
SHEET: L-2, PD-2SHEET: L-4, PD-4SHEET: L-5, PD-5
SHEET: L-11, PD-11SHEET: L-7, PD-7
#SITE STREET
2021 SLURRY SEAL PROJECTCity Project No. 2021-04CITY OFCOMMUNITY DEVELOPMENT DEPARTMENT - ENGINEERING DIVISIONALIFORNIAC KEY MAPK-1286NTS
92 ATTACHMENT 1

SPRINGTOWN BLVD
X

LIVERMORE PD PARKING LOT

SOUTH H STREET

MURDELL LANE

PORTOLA AVE

N VASCO RD

S VASCO RD
41 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING ACCEPTANCE FOR PERMANENT MAINTENANCE,

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

FOR THE SLURRY SEAL PROJECT
(Slurry Seal 2021 Project 2021-04)
The City Engineer of the City of Livermore (“City”) has filed with the City Clerk a report in writing that all work on the Slurry Seal 2021 Project 2021-04 (“Project”), has been completed to City standards. The Project is ready for acceptance by the City of Livermore for routine maintenance.

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

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

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

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

4. The City hereby accepts the improvements; and

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

On motion of Council Member _______________________, seconded by Council Member _______________, the foregoing resolution was passed and adopted on June 10, 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 – Notice of Completion
42 EXHIBIT A
43 CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

June 10, 2024
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Assistant City Manager
SUBJECT:

Resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the Crosswalk Improvement Projects 2022-06 and 2021-35.

RECOMMENDED ACTION

SUMMARY
On July 24, 2023, the City Council awarded the contract for construction of the Crosswalk Improvement Projects 2022-06 and 2021-35. The contract was substantially completed on January 12, 2024, and can be accepted for permanent maintenance. The process to release the contractor's bonds can begin.

DISCUSSION
As shown in Attachment 1, the Crosswalk Improvement Projects consisted of safety improvements at five (5) locations: Portola Avenue & Enos Way, College Avenue & Fifth Street, College Avenue & Kingsbury Drive, Concannon Boulevard & Robertson Park Road, and Concannon Boulevard & Epson Street. All five locations included construction of Americans with Disabilities Act (ADA)-compliant curb ramps, sidewalks, rectangular rapid flashing beacons (RRFB) systems, thermoplastic pavement striping for crosswalks, and all appurtenant work. The project was completed in accordance with the contract documents in a manner acceptable to the City Engineer.

At time of award, the contractor provided a faithful performance bond guaranteeing completion of the project, and that bond must now be released. Six months after the date of the resolution accepting the project, the labor and materials bond guaranteeing the improvements should be reduced to an amount equal to any claims filed and of which notice has been given. The balance of the bond will be released upon the settlement of all claims and obligations for which the security was given. The security for the guarantee and warranty of work shall remain in effect for one year from the date of the resolution. 44 FISCAL AND ADMINISTRATIVE IMPACTS

The original construction contract amount was $760,407 plus a 10% contingency for a total contract budget of $836,447. The final project amount was $791,046, which is approximately 4% above the original contract based on final bid item quantities and two change orders. The total value of change orders was $11,082 which consisted primarily of additional costs to switch manufacturers of the flashing beacons due to long material lead times. The final bid quantities were more than anticipated due to increases in roadway pavement grinding and additional asphalt concrete paving during construction.

Funding sources for this project are Funds 624 ACTC Grant and 681 Local Vehicle Registration Fee

The project will increase operation and maintenance costs by $10,000 per year to service the flashing beacons. The costs will be paid for as part of the City’s operating budget.

COMMUNITY PILLAR

1: A Safe Community That Thrives

GOAL

10: Work to maintain a safe and efficient local transportation network and address safety concerns.

ATTACHMENTS

1. Location Map

2. Resolution

3. Exhibit A - Notice of Completion

Prepared by: Joe Kuderca
Associate Engineering Technician

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING ACCEPTANCE FOR PERMANENT MAINTENANCE,

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

FOR THE CROSSWALK IMPROVEMENT PROJECTS
(CROSSWALK IMPROVEMENT PROJECTS 2022-06 AND 2021-35)
The City Engineer of the City of Livermore (“City”) has filed with the City Clerk a report in writing that all work on the Crosswalk Improvement Projects 2022-06 and 2021- 35 (“Project”), has been completed to City standards. The Project is ready for acceptance by the City of Livermore for routine maintenance.

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

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

4. The City hereby accepts the improvements; and

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

On motion of Council Member _______________________, seconded by Council Member _______________, the foregoing resolution was passed and adopted on June 10, 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 – Notice of Completion
47 EXHIBIT A
48 CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

June 10, 2024
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Assistant City Manager
SUBJECT:

Resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the Storm Drain Trash Capture Devices Project 2021-12.

RECOMMENDED ACTION

SUMMARY
On June 26, 2023, the City Council awarded the contract for construction of the Storm Drain Trash Capture Devices Project 2021-12 to Cazadoro Construction, Inc. The contract was substantially completed on February 9, 2024, and can be accepted for permanent maintenance. The process to release the contractor's bonds can begin.

DISCUSSION
The
Storm Drain Trash Capture Devices Project 2021-12 furnished and installed trash capture devices and "No Dumping" markers at 64 storm drain inlets and manholes across the City of Livermore (City).

This work was necessary to meet the requirements of the Regional Water Quality Control Board National Pollution Discharge Elimination System Municipal Permit . Attachment 1 shows the 64 Storms Drain
Trash Capture Device locations. The project was completed in accordance with the contract documents in a manner acceptable to the City Engineer and can now be accepted for permanent maintenance.

At time of award, the contractor provided a faithful performance bond guaranteeing completion of the project, and that bond must now be released. Six months after the date of the resolution accepting the project, the labor and materials bond guaranteeing the improvements should be reduced to an amount equal to any claims filed and of which notice has been given. The balance of the bond will be released upon the settlement of all claims and obligations for which the security was given (there are no known claims at this time). The security for the guarantee and warranty of work shall remain in effect for one 49 year from the date of the resolution.

FISCAL AND ADMINISTRATIVE IMPACTS

The original construction contract amount was $214,500, plus a $50,000 contingency for change orders for a total construction contract budget of $264,500. The final construction contract amount was $209,100, which is 2.5 percent below the original contract, based on final bid item quantities totaling $209,100 and one no-cost change order for time extension only. The Change Order was for the additional time needed for fabrication and procurement of materials. The project was funded with Storm Drain Fees (Fund 221) and Surplus
Assessment District
Closeout (Fund 698). Excess funds will be
proportionally credited to those funds.

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

COMMUNITY PILLAR

3: Environmental Stewardship

GOAL

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

ATTACHMENTS

1. Location Map

2. Resolution

3. Exhibit A - Notice of Completion

Prepared by: Dennis Aberion
Senior Engineering Technician

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING ACCEPTANCE FOR PERMANENT MAINTENANCE,

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

FOR THE STORM DRAIN TRASH CAPTURE DEVICES PROJECT
(STORM DRAIN TRASH CAPTURE DEVICES PROJECT 2021-12)
The City Engineer of the City of Livermore (“City”) has filed with the City Clerk a report in writing that all work on the Storm Drain Trash Capture Devices Project 2021-12 has been completed to City standards. The Project is ready for acceptance by the City of Livermore for routine maintenance.

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

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

4. The City hereby accepts the improvements; and

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

On motion of Council Member _______________________, seconded by Council Member _______________, the foregoing resolution was passed and adopted on June 10, 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 – Notice of Completion
54 EXHIBIT A
55 CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

June 10, 2024
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Assistant City Manager
SUBJECT:

Resolution adopting a list of projects for FY 2024-25 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 and approving the use of Road Maintenance and Rehabilitation Account Funds.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution approving a list of projects for FY 2024-25 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 and approve the use of Road Maintenance and Rehabilitation Account Funds.

SUMMARY
Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), created the Road Maintenance and Rehabilitation Program to address deferred maintenance on state highways and local roadways and the Road Maintenance and Rehabilitation Account (RMRA) for the deposit of various funds for the program.

The Road Repair and Accountability Act stipulates that prior to receiving RMRA Funds in a fiscal year, a city or county must submit to the California Transportation Commission a project list pursuant to an adopted budget. The City of Livermore will receive an estimated $7,372,267 in RMRA funding in Fiscal Year 2024-25 from SB 1. The 2023-25 Capital improvement Plan budget, which was adopted in June 2023, includes RMRA Funds for the projects listed below. Adoption of this resolution approving the list of projects will qualify them to use RMRA funding.
• Collier Canyon Creek Culvert, Drainage and Road Improvements, Project No. 2017-27 • Montage Trail Connection to Collier Canyon, Project No. 2019-44 • 2020 Street Resurfacing, Project No. 2020-01
• Railroad Avenue Street Improvements, Project No. 2021-16 • Stanley Boulevard at Isabel Avenue Connector Ramp Crossing Improvements, Project No. 2021-33 • 2022 Street Resurfacing, Project No. 2022-01
• 2024 Slurry Seal, Project No. 2022-04
56 • Storm Damage Permanent Repair C-G, Project No. S202300P -- Portola Avenue, Slide Repair

DISCUSSION
In April 2017, the State Legislature passed and Governor Brown approved SB 1, the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017). SB1 created the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. It also created the RMRA for the deposit of various funds for the program.

The State of California imposes per-gallon excise taxes on gasoline and diesel fuel, sales taxes on diesel fuel, and registration taxes on motor vehicles and dedicates these revenues to transportation purposes.

Portions of these revenues flow to cities and counties through the Highway Users Tax Account and the RMRA created by SB 1. SB 1 is projected to generate over $5 billion annually for state and local transportation improvements. Cities and counties are slated to receive approximately $1.5 billion for repairs to local streets and roads at full implementation of SB 1.

RMRA funding is apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. The formulaic funding program is based on voter-approved tolls, vehicle registration fees, parcel/property tax revenue, voter-approved sales tax revenue, and population.

RMRA funds must be used for projects that include but are not limited to the following:
• Road maintenance and rehabilitation
• Safety improvements
• Railroad grade separations
• Traffic control devices
• Complete streets components, which include active transportation projects, pedestrian and bicycle safety projects, and transit facilities
• Drainage and storm water capture projects in conjunction with other allowable road related projects • Bridges and culverts that are road related

COMPLIANCE REQUIREMENTS OF SB 1

The Road Repair and Accountability Act stipulates that prior to receiving RMRA Funds in a fiscal year, a city or county must submit to the California Transportation Commission a project list pursuant to an adopted budget. The 2023-28 Capital Improvement Plan budget, which was adopted on June 12, 2023, includes RMRA Funds for the projects listed below. The combined total of SB 1 RMRA Funds (Fund 651) budgeted for FY 2024-25 for the eight listed projects is approximately $7,372,267. Depending on the timing of the project, the funding identified may be used for either project design or construction.

Adoption of this resolution approving the list of projects in Exhibit A to the resolution will qualify them to use RMRA funds. The location of each project is shown in Attachment 1.

Collier Canyon Creek Culvert, Drainage and Road Improvements, Project No. 2017-27: This project will rehabilitate the road, culvert and drainage facilities and includes striping of travel lanes and other auxiliary work. The project will alleviate flooding, improve safety and rideability, extend the life of the pavement by 25 years, and reduce annual maintenance. Construction is anticipated to be completed in FY 2025-26. RMRA Funding: $250,000.

57 Montage Trail Connection to Collier Canyon Road, Project No. 2019-44: The project will connect the existing City trail south of Las Positas College to Collier Canyon Road. The trail connection will be along Campus Loop Road via a new sidewalk, extended bike lanes, and intersection crossing improvements which will enhance safety for pedestrians and bicyclists. This project is included in the Active Transportation Plan. The project will improve trail connectivity with a useful life of 25 years. Construction will be completed in FY 2024-25. RMRA Funding: $122,904.

2020 Street Resurfacing, Project No. 2020-01: This project will rehabilitate various streets with base repairs and asphalt overlays and include curb and gutter repairs, ADA ramps, signage and striping of travel lanes and bicycle lanes, and other auxiliary improvements. The project will improve safety and rideability, extend the life of the pavement by 25 years, and reduce annual maintenance costs. Construction is anticipated to be completed in FY 2024-25. RMRA Funding:
$1,807,138.

Railroad Avenue Street Improvements, Project No. 2021-16: This project will widen Railroad Avenue east of Livermore Avenue to extend the eastbound turn pocket into the Livermore Valley Parking Garage, extend the eastbound turn pocket on Railroad Avenue that turns left onto North Livermore Avenue, modify traffic signals at the Railroad Avenue and North Livermore Avenue intersection, upgrade curb ramps, and modify the signal on Railroad Avenue at the entrance to the Livermore Valley Parking Garage. The project will extend the life of the pavement by 25 years and reduce annual maintenance costs. Construction will be completed in FY 2024-25. RMRA Funding:
$713,368.

Stanley Boulevard at Isabel Avenue Connector Ramp Crossing Improvements, Project No. 2021- 33: The project will implement enhancements such as curb extensions, signal timing, pavement markings, signage and pedestrian ramps to improve bicycle and pedestrian safety at the intersection of Stanley Boulevard and State Route 84 (Isabel) connector ramp. The project will have a useful life of 25 years. Design will be completed in FY 2024-25. Construction is anticipated to be completed in FY 2025-26. RMRA Funding: $200,000.

2022 Street Resurfacing, Project 2022-01: This project will rehabilitate various streets with base repairs and asphalt overlays and include curb and gutter repairs, ADA ramps, signage and striping of travel lanes and bicycle lanes, and other auxiliary work. The project will improve safety and rideability, extend the life of the pavement by 25 years, and reduce annual maintenance.

Construction is anticipated to be completed in FY 2024-25. RMRA Funding: $3,978,857.

Slurry Seal 2024, Project 2022-04: This project will treat various streets with slurry seal or micro- surfacing and include curb and gutter repairs, ADA ramps, signage and striping of travel lanes and bicycle lanes and other auxiliary improvements. The project will improve safety and rideability, extend the life of the pavement by 15 years, and reduce annual maintenance costs. Construction is anticipated to be completed in FY 2024-25. RMRA Funding: $100,000. 2023 Storm Damage Permanent Repair C-G, Project 202300P: The project provides restoration work at approximately 45 various locations that have sustained damage after the 2023 Storm Event. The work includes debris removal, emergency protective measures or emergency opening, permanent repairs, and other miscellaneous administrative work. This is classified as part of FEMA’s Category C-G Permanent Repairs. SB 1 funds will be used as part of the funding to reconstruct the road slope at Portola Avenue between Campus Hill Drive and I-580. Construction 58 is anticipated to be completed in FY 2024-25. RMRA Funding: $200,000.

REPORTING REQUIREMENT

SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. Therefore, in order to be eligible for RMRA funding, the statute requires cities and counties provide basic annual RMRA project reporting to the California Transportation Commission.

The last report was submitted on November 16, 2023.

MAINTENANCE OF EFFORT

A city or county receiving an apportionment of RMRA funds is required to sustain a maintenance of effort by spending at least the annual average of its general fund expenditures during the 2009-10, 2010-11, and 2011-12 fiscal years for street, road, and highway purposes from the city’s, or county’s general fund [SHC 2036] - This requirement can be satisfied with other city unrestricted funds.

The City’s annual commitment is approximately $5.1 million as established in the November 15, 2017, California State Controller’s Office MOE Calculation Summary Sheet. If the City failed to meet the requirement for a particular fiscal year, then it will affect the City’s eligibility for SB 1 funds for that fiscal year.

For the eight projects with SB 1 funding for FY 2024-25, approximately $13,402,733 (unrestricted funds) of FEMA Storm Grant Reimbursements (Fund 222), Storm Water (Fund 220), Sewer Replacement (Fund 239), Solid Waste and Recycling Impact Fees (Fund 344), Measure B/BB – Bike & Ped (Fund 687), Measure B/BB-Local Street & Road (Fund 688), Gas Tax (Fund 650), State Grant (Fund 607), and Federal Grant (Fund 615) are budgeted for FY 2024-25.

ENVIRONMENTAL DETERMINATION

The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore the California Environmental Quality Act (CEQA) is not applicable.

CEQA analysis will be performed for the project in the design phase of each applicable project.

FISCAL AND ADMINISTRATIVE IMPACTS

The combined total budget in the Capital Improvement Plan for FY 2024-25 for the eight projects is approximately $21,135,000, with $7,732,267 SB 1 RMRA Funds (Fund 651) and $13,402,733 supplemented by FEMA Storm Grant Reimbursements (Fund 222), Storm Water (Fund 220), Sewer Replacement (Fund 239), Solid Waste and Recycling Impact Fees (Fund 344), Measure B/BB – Bike & Ped (Fund 687), Measure B/BB-Local Street & Road (Fund 688), Gas Tax (Fund 650), State Grant (Fund 607), Federal Grant (Fund 615). The funding for each project, by fiscal year, is shown in Exhibit A.

COMMUNITY PILLAR

1: A Safe Community That Thrives

GOAL
59 10: Work to maintain a safe and efficient local transportation network and address safety concerns.

ATTACHMENTS

1. Projects Map

2. Resolution

3. Exhibit A - SB1 Project List

Prepared by: Leo
Sum
Assistant Civil Engineer

COLLIER CANYON CREEK

CULVERT, DRAINAGE AND

ROAD IMPROVEMENTS
(PROJECT NO. 2017-27)

MONTAGE TRAIL

CONNECTION TO COLLIER
CANYON (PROJECT NO.
2019-44)

RAILROAD AVENUE STREET

IMPROVEMENTS(PROJECT
NO. 2021-16)

STANLEY BOULEVARD AT

ISABEL AVENUE

CONNECTOR RAMP

CROSSING IMPROVEMENTS
(PROJECT NO. 2021-33)
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ATTACHMENT 1
61 RESOLUTION NO._______
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), created the Road Maintenance and Rehabilitation Program (RMRP) to address deferred maintenance on the State Highway System, the local street and road system, and the Road Maintenance and Rehabilitation Account (RMRA) for the deposit of various funds for the program.

The RMRA funding is apportioned by formula to eligible cities and counties pursuant to the Streets and Highways Code section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. The Formulaic Funding Program is based on: Voter-Approved Tolls, Vehicle Registration Fee, Parcel/Property Tax Revenue, and Voter-Approved Sales Tax Revenue and Population.

The Road Repair and Accountability Act requires that prior to receiving RMRA funds in a fiscal year, a city or county must submit to the California Transportation Commission a project list pursuant to an adopted budget.

The 2023-28 Capital Improvement Plan budget includes RMRA funds for the projects listed below consistent with the SB1 Project List, attached hereto as Exhibit A. Adoption of this resolution approving the list of projects will qualify them to use RMRA funding.

WHEREAS, SB 1, the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Livermore (“City”) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $7.372 Million in RMRA funding in Fiscal Year 2024- 25 from SB 1; and
WHEREAS, this is the 8th year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and 62 replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has a proposed projects list on the city website and social media; and WHEREAS, the City used a Pavement Management System and field review to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets assets throughout the City during Fiscal Year 2024-2025 and Fiscal Year 2025-2026 of similar projects into the future; and
WHEREAS, the 2024 Pavement Management Program found that the City’s streets and roads are in a “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade and maintain our streets and roads as “good” condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Livermore, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2024- 25 Road Maintenance and Rehabilitation Account revenues:

Project Title: 2024 Slurry Seal, Project No. 2022-04
Project Description: This project will treat various streets with slurry seal or micro-surfacing and include curb and gutter repairs, ADA ramps, signage and striping of travel lanes and bicycle lanes and other auxiliary improvements. The project will improve safety and rideability, extend the life of the pavement by 15 years, and reduce annual maintenance costs. Construction is anticipated to be completed in FY 2024-25. RMRA Funding: $100,000
Project Location: Chatsworth St., Tamalpais Ave., Mt. Day Dr., Spruce St., Higuera Ct., Woodrose Wy., Rutherford Ct., Via Del Sol, Roma Ct., Danielle Ct., Fifth St., Livorno St., Regent Rd., S. I St., St.

George Ct., Jillana Ave., Mosswood Ct., St. Mary Dr., N. N. St., Dublin Ave., Rice St., Ruby Ct., Senger St., Third St., Brushy Peak Ct., Elm St., Lincoln Ave., Redwood Rd.

Estimated Project Schedule: (Start) July 2024 – (Completion) July 2025 Estimated Project Useful Life: 15 Years
63 Project Title: 2023 Storm Damage Permanent Repair C-G, Project S2023-00P Project Description: The project will reconstruct the road slope at Portola Avenue between Campus Hill Drive and I-580. This is classified as part of FEMA’s Category C-G Permanent Repairs.

Construction is anticipated to be completed in FY 2024-25. RMRA Funding: $200,000 Project Location: Portola Ave.

Estimated Project Schedule: (Start) July 2024 – (Completion) July 2025 Estimated Project Useful Life: 25 Years

3. The following previously proposed and adopted projects may also utilize Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Project Title: Collier Canyon Creek Culvert, Drainage and Road Imp., Project No. 2017-27 Project Description: This project will rehabilitate the road, culvert and drainage facilities and includes stripping of travel lanes and other auxiliary work. The project will alleviate flooding, improve safety and rideability, extend the life of the pavement by 25 years, and reduce annual maintenance. Construction will be completed in FY 2025-26. RMRA Funding: $250,000 Project Location: Collier Canyon Rd.

Estimated Project Schedule: (Start) July 2025 – (Completion) July 2026 Estimated Project Useful Life: 25 Years
Project Title: Montage Trail Connection to Collier Canyon Road, Project No. 2019-44 Project Description: The project will connect the existing City trail south of Las Positas College to Collier Canyon Road. The trail connection will be along Campus Loop Road via a new sidewalk, extended bike lanes, and intersection crossing improvements which will enhance safety for pedestrians and bicyclists. This project is included in the Active Transportation Plan. The project will improve trail connectivity with a useful life of 25 years. Construction will be completed in FY 2024-25. RMRA Funding: $122,904
Project Location: Collier Canyon Rd. and Campus Loop Rd.

Estimated Project Schedule: (Start) March 2024 – (Completion) July 2024 Estimated Project Useful Life: 25 Years
64 Project Title: 2020 Street Resurfacing, Project No. 2020-01 Project Description: This project will rehabilitate various streets with base repairs and asphalt overlays and include curb and gutter repairs, ADA ramps, signage and striping of travel lanes and bicycle lanes, and other auxiliary improvements. The project will improve safety and rideability, extend the life of the pavement by 25 years, and reduce annual maintenance costs. Construction is anticipated to be completed in FY 2024-25. RMRA Funding: $1,807,138 Project Location: Airway Blvd., First St.

Estimated Project Schedule: (Start) July 2024 – (Completion) July 2025 Estimated Project Useful Life: 25 Years
Project Title: Railroad Avenue Street Improvements, Project No. 2021-16 Project Description: Widen Railroad Avenue east of Livermore Avenue to extend the eastbound turn pocket into the Livermore Valley Parking Garage, extend the eastbound turn pocket on Railroad Avenue that turns left onto North Livermore Avenue, modify traffic signals at the Railroad Avenue and North Livermore Avenue intersection, upgrade curb ramps, and modify the signal on Railroad Avenue at the entrance to the Livermore Valley Parking Garage. The project will extend the life of the pavement by 25 years and reduce annual maintenance cost. Construction will be completed FY 2024-25. RMRA Funding: $713,368
Project Location: Railroad Ave.

Estimated Project Schedule: (Start) January 2024 – (Completion) October 2024 Estimated Project Useful Life: 25 Years
Project Title: Stanley Boulevard at Isabel Avenue Connector Ramp Crossing Improvements, Project No. 2021-33
Project Description: The project will implement enhancements such as curb extensions, signal timing, pavement markings, signage, and pedestrian ramps to improve bicycle and pedestrian safety at the intersection of Stanley Boulevard and State Route 84 (Isabel) connector ramp. The project will have a useful life of 25 years. Design will be completed in FY 2024-25. Construction is anticipated to be completed in FY 2025-26. RMRA Funding: $200,000 Project Location: Stanley Blvd. and Isabel Ave.

Estimated Project Schedule: (Start) March 2025 – (Completion) December 2025 Estimated Project Useful Life: 25 Years
65 Project Title: 2022 Street Resurfacing, Project 2022-01 Project Description: This project will rehabilitate various streets with base repairs and asphalt overlays and include curb and gutter repairs, ADA ramps, signage and striping of travel lanes and bicycle lanes, and other auxiliary work. The project will improve safety and rideability, extend the life of the pavement by 25 years, and reduce annual maintenance. Construction is anticipated to be completed in FY 2023-24. RMRA Funding: $3,978,857
Project Location: Dalton Ave., Greenville Rd., Las Positas Blvd., N. Murrieta Blvd., N. Airway Blvd., Clubhouse Dr., E. Airway Blvd.

Estimated Project Schedule: (Start) August 2024 – (Completion) March 2025 Estimated Project Useful Life: 25 Years
PASSED AND ADOPTED by the City Council of the City of Livermore, State of California this 10th day of June, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
____________________________
Deborah L. Elam Tara Mazzanti
Acting City Clerk Assistant City Attorney
Exhibit A – SB1 Project List
66 Fund Name
Fund
Number FY 2024-25 FY 2025-26 Total
Gas Tax - SB1 651 250,000.00$ -$ 250,000.00$
Measure B-Local St & Rd 678 -$ -$ -$
FEMA Storm Reimbursment 222 750,000.00$ -$ 750,000.00$ Total 1,000,000.00$ -$ 1,000,000.00$
Fund Name
Fund
Number FY 2024-25 FY 2025-26 Total
Gas Tax - SB1 651 122,904.40$ -$ 122,904.40$
Measure BB-Bike/Ped 687 224,803.81$ -$ 224,803.81$ Total 347,708.21$ -$ 347,708.21$

3.Street Resurfacing 2020, Project No. 202001
Fund Name
Fund
Number FY 2024-25 FY 2025-26 Total
Gas Tax - SB1 651 1,807,137.96$ -$ 1,807,137.96$
Gas Taxes 650 90,000.00$ -$ 90,000.00$
Measure BB-Bike/Ped 687 800,000.00$ -$ 800,000.00$ Measure BB-Local St & Rd 688 1,600,000.00$ -$ 1,600,000.00$ Total 4,297,137.96$ -$ 4,297,137.96$
Fund Name
Fund
Number FY 2024-25 FY 2025-26 Total
Gas Tax - SB1* 651 713,367.28$ -$ 713,367.28$
Gas Taxes 650 315,408.72$ -$ 315,408.72$
Sewer Replacement 239 235,000.00$ -$ 235,000.00$ Measure BB-Local St & Rd 688 947,308.78$ -$ 947,308.78$ Total 2,211,084.78$ -$ 2,211,084.78$
*includes supplemental appropriations RESO 2023-177
Fund Name
Fund
Number FY 2024-25 FY 2025-26 Total
Gas Tax - SB1 651 200,000.00$ 375,000.00$ 575,000.00$ Measure BB-Local St & Rd 688 100,000.00$ 225,000.00$ 325,000.00$ Total 300,000.00$ 600,000.00$ 900,000.00$

PROJECT FUNDING BY FISCAL YEAR

1.Collier Canyon Creek Silt Basin, Project No. 201727

2.Montage Trail Connection to Collier Canyon Road, Project No. 201944

4.Railroad Ave Street Improvements, Project No. 202116

5.Stanley Boulevard at Isabel Connector Ramp Crossing Improvments, Project No. 202133

EXHIBIT A
67 6.Street Resurfacing 2022, Project No. 202201
Fund Name
Fund
Number FY 2024-25 FY 2025-26 Total
Gas Tax - SB1 651 3,978,857.22$ -$ 3,978,857.22$
Total 3,978,857.22$ -$ 3,978,857.22$

7.Slurry Seal 2024, Project No. 202204
Fund Name
Fund
Number FY 2024-25 FY 2025-26 Total
Gas Tax - SB1 651 100,000.00$ 250,000.00$ 350,000.00$ Gas Taxes 650 300,000.00$ 500,000.00$ 800,000.00$ Solid Waste & Recycling Impact Fee 344 100,000.00$ 250,000.00$ 350,000.00$ Total 500,000.00$ 1,000,000.00$ 1,500,000.00$ Fund Name
Fund
Number FY 2024-25 FY 2025-26 Total
Gas Tax - SB1 651 200,000.00$ 100,000.00$ 300,000.00$ Storm Water 220 100,000.00$ 100,000.00$ 200,000.00$ FEMA Storm Reimbursment 222 1,650,000.00$ 1,350,000.00$ 3,000,000.00$ State Grant 607 400,000.00$ 350,000.00$ 750,000.00$ Federal Grant 615 1,200,000.00$ 1,200,000.00$ 2,400,000.00$ Measure B-Bike/Pedestrian 677 -$ 50,000.00$ 50,000.00$ Measure BB-Bike/Ped 687 75,000.00$ 50,000.00$ 125,000.00$ Measure BB-Local St & Rd 688 75,000.00$ -$ 75,000.00$ Total 3,700,000.00$ 3,200,000.00$ 6,900,000.00$

8.2023 Storm Damage Permanent Repair, Project No. S202300P

EXHIBIT A
68 CITY COUNCIL STAFF REPORT
ITEM NO. 5.7

DATE:

June 10, 2024
TO:

Honorable Mayor and City Council
FROM:

Judy Erlandson, Acting Public Works Director
SUBJECT:

Resolution authorizing execution of an agreement with Univar Solutions USA, LLC for the supply and delivery of sodium hypochlorite for use at the Water Reclamation Plant, in an amount not-to-exceed $705,600, and an appropriation of $202,700 to the Sewer Fund Operating Budget for FY 2024-25.

RECOMMENDED ACTION

SUMMARY
The Regional Water Quality Control Board requires the City to disinfect all treated wastewater prior to discharging it. Staff at the Water Reclamation Plant (WRP) currently use sodium hypochlorite for this purpose. Through a cooperative bidding process, Univar Solutions USA, LLC was determined to be the lowest bidder at $3.67 per gallon for FY 2024-25.

DISCUSSION
The WRP treats approximately 5.5 million gallons per day of raw wastewater. In order to meet federal and state permit discharge limits, the Regional Water Quality Control Board requires the City to disinfect all treated wastewater prior to discharging it. This is accomplished through the addition of sodium hypochlorite prior to discharge. The WRP uses approximately 155,000 gallons per year.

Earlier this year, the City participated in the annual Bay Area Chemical Consortium's (BACC) competitive bidding process for the supply and delivery of sodium hypochlorite. This bidding process meets the requirements of Livermore Municipal Code 2.68.390 Section C for cooperative purchasing arrangements.

The BACC is made up of numerous water and wastewater agencies in the Bay Area region that use similar chemicals. By utilizing the aggregate volume of these agencies, the BACC seeks to achieve the lowest price for its members.
69 In February 2024, the BACC issued Bid No. 13.2024 for competitive bidding for the supply and delivery of sodium hypochlorite (12.5% strength). Univar Solutions USA, LLC was selected as the lowest responsible bidder at $3.67 per gallon.

The table below highlights the steady increases in the cost of sodium hypochlorite each year.

Year
Rate Per Gallon ($)
FY 21-22

0.70 FY 22-23

1.44 FY 23-24

2.69 FY 24-25

3.67 These rates are exclusive of sales taxes that are included with actual charges for the supply and delivery of sodium hypochlorite.

FISCAL AND ADMINISTRATIVE IMPACTS

The existing FY 2024-25 Sewer Fund (230) appropriation for the supply and delivery of sodium hypochlorite totals $502,900. The appropriation will need to be increased in the amount of $202,700.

This appropriation adjustment takes into account the increase in the direct cost of the chemical and sales tax. Staff does not anticipate any additional administrative impacts due to approval of this agreement.

COMMUNITY PILLAR

1: A Safe Community That Thrives

GOAL

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

ATTACHMENTS

1. Bay Area Chemical Consortium Award Letter

2. Resolution

3. Exhibit A - Agreement

Prepared by: Laura Mayate-DeAndreis
Management Analyst II

70 Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
71 March 18, 2024
Univar Solutions USA LLC
ATTN Jennifer Perras
8201 S 212th St.

Kent, WA 89032
RE: Regional Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 13- 2023 for Supply and Delivery of SODIUM HYPOCHLORITE 12.5% in the Central Valley, East Bay, Marin Son
oma Napa, North Bay, Peninsula, South Bay and Tri Valley regions.

Dear Ms. Perras,
We are pleased to advise you that the bid submitted by Univar Solutions USA LLC for Bid No. 13-2024 was determined to be the lowest responsive bid for the supply and delivery of SODIUM HYPOCHLORITE 12.5% in the Central Valley, East Bay, Marin Sonoma Napa, North Bay, Peninsula, South Bay and Tri Valley regions during the period July 1, 2024 through June 30, 2025.

The participating BACC Agencies from the above regions should be contacting you shortly to discuss entering into contracts with Univar Solutions USA LLC for their respective facilities.

Bay Area Ch
emical Consortium sincerely appreciates your efforts and participation in the competitive bid process.

If you have any questions, please free to contact me at [email protected] Sincerely,
Jennifer Dyment
Assistant Executive Director
BACWA.org
as Coordinating Agency
for the Bay Area Chemical Consortium
ATTACHMENT 1
72 ATTACHMENT 1
73 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF AN

AGREEMENT FOR SERVICES WITH UNIVAR SOLUTIONS USA, LLC

FOR THE SUPPLY AND DELIVERY OF SODIUM HYPOCHLORITE FOR

USE AT THE WATER RECLAMATION PLANT IN AN AMOUNT NOT-
TO-EXCEED $705,600, AND AUTHORIZING AN APPROPRIATION
INCREASE OF $202,700 TO THE SEWER FUND OPERATING BUDGET FOR FISCAL YEAR 2024-25
The City of Livermore (“City”) requires the use of sodium hypochlorite at its Water Reclamation Plant to disinfect treated effluent. The City participates in the Bay Area Chemical Consortium (“Consortium”). This bidding process meets the requirements of Livermore Municipal Code section 2.68.390 section C for cooperative purchasing arrangements. This allows the City to receive the best price by leveraging large volumes of chemicals used in common amongst Bay Area wastewater and water service providers.

In February 2024, the Consortium completed a competitive bidding process and selected Univar Solutions USA, LLC as the best value to provide sodium hypochlorite.

Univar Solutions USA, LLC met all bid requirements and provides delivery directly to the Livermore Water Reclamation Plant.

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

1. Authorizes the execution of an agreement for services, attached hereto as Exhibit A, with Univar Solutions USA, LLC in an amount not-to-exceed $705,600 to provide supply and delivery of sodium hypochlorite to the Water Reclamation Plant.

2. Authorizes a Fiscal Year 2024-25 appropriation increase to the Sewer Fund (230) operating budget in the total amount of $202,700 allocated as follows:
a. 2322 – 43152: $178,376
b. 2324 – 43152: $24,324
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on June 10, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
74 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti___________ Deborah L. Elam Tara Mazzanti
Acting City Clerk Assistant City Attorney
Exhibit A – Univar Solutions USA, LLC Agreement for Services 75 Agreement for Services Page 1
Rev. 09/19/23

AGREEMENT FOR SERVICES
TH
IS AGREEMENT is made and entered into this day of , 2024, by and between the City of Livermore (“City”), a municipal corporation, and Univar Solutions USA, LLC (“Contractor”), an Illinois limited liability company.

RECI
TALS
Ci
ty requires services to supply and deliver sodium hypochlorite (12.5%) to the City of Livermore Water Reclamation Plant.

Cont
ractor 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.

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

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

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

3. Description of Services. Contractor shall provide services to supply and deliver sodium hypochlorite (12.5%) to the City of Livermore Water Reclamation Plant as more particularly set forth in Exhibit "A" (collectively “the Services”).

4. Contractor’s Responsibilities. Contractor 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 Contractor to practice its profession and to provide the Services;
DocuSign Envelope ID: 286084ED-E44B-4F28-A9E2-48C5A561F835

EXHIBIT A
76 Agreement for Services Page 2
Rev. 09/19/23
(e) Co
mply with all laws in effect that are related to Contractor and the Services; (f
) Coordinate the Services with the Water Resources Operations Manager (“Project Manager”), or such other person designated as the Project Manager by City; (
g) Be available to the Project Manager, and other parties referred to Contractor by the Project Manager, to answer questions or inquiries related to the Services; (
h) Only invoice City for the Services rendered. Contractor’s invoice shall be in writing and describe the Services performed for the payment requested. Contractor shall not submit an invoice to City more frequently than once a calendar month; (i) Keep
and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Contractor and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

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

Should Contractor fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Contractor;
(l
) If applicable, Contractor shall ensure that all work for compensation is taken in compliance with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages. If applicable, Contractor shall comply with all prevailing wage laws, such as sections 1773, 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the California Labor Code and any other applicable wage and hour law. If any violation of prevailing wage law associated with this Agreement is deemed to have occurred by any court or administrative authority, Contractor shall forfeit to the City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the applicable prevailing rates for any work done to accomplish the purposes of this Agreement; and,
(m
) Contractor’s services provided pursuant to this Agreement shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as applicable regulations and guidelines issued pursuant to the ADA.

DocuSign Envelope ID: 286084ED-E44B-4F28-A9E2-48C5A561F835

EXHIBIT A
77 Agreement for Services Page 3
Rev. 09/19/23

5. Compensation and Payment.
(a) T
he total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the s um of $705,600 ("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 were performed for the payment requested.

6. Term. The term of this Agreement commences on July 1, 2024, and terminates upon the completion of the Services or June 30, 2025, whichever occurs first.

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

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

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

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

DocuSign Envelope ID: 286084ED-E44B-4F28-A9E2-48C5A561F835

EXHIBIT A
78 Agreement for Services Page 4
Rev. 09/19/23

11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, indemnify, and defend with counsel selected by the City or otherwise acceptable to the City, the City and its elected and appointed officials, officers, directors, employees, agents and designated volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the services contemplated by this Agreement, or in connection with Contractor ’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of City. Contractor’s obligations to hold harmless, indemnify, and defend shall not be excused because of Contractor’s inability to evaluate Liability or because Contractor evaluates Liability and determines that Contractor is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Contractor must respond within 30 days to the tender of any claim for defense and indemnity by the City. (a
) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Contractor’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.
(b
) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Contractor’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).

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

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

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

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

15. Conflict of Interest. Contractor represents that no City employee or official has a financial interest in Contractor . Contractor shall not offer, encourage, or accept any financial interest in any part of Contractor's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private DocuSign Envelope ID: 286084ED-E44B-4F28-A9E2-48C5A561F835

EXHIBIT A
79 Agreement for Services Page 5
Rev. 09/19/23
party, Contractor represents that it has not performed any work for that private party during the 12-month period prior to the execution of this Agreement , and that it shall not negotiate, offer or accept any contract for services from that party during the term of this Agreement.

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

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

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

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

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

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

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: Water Respources Division Manager
City of Livermore
101 W. Jack London Blvd.

Livermore, California 94551
DocuSign Envelope ID: 286084ED-E44B-4F28-A9E2-48C5A561F835

EXHIBIT A
80 Agreement for Services Page 6
Rev. 09/19/23
TO
CONTRACTOR: Attention: Muni Bid Team
Univar Solutions USA, LLC.
8201 S. 12th Street
Kent, WA 98032

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

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

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

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

27. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.
******************
********************************************************************************** S
ignatures and Attachment List on the Next Page
DocuSign Envelope ID: 286084ED-E44B-4F28-A9E2-48C5A561F835

EXHIBIT A
81 Agreement for Services 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
NTRACTOR: Dated:
___
_________________________ ___________________________
By: Joe Serna
Title: Vice 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: 286084ED-E44B-4F28-A9E2-48C5A561F835 5/2/2024 | 5:42 AM PDT

EXHIBIT A
82 EXHIBIT A

SCOPE OF WORK
SCOPE
CONTRACTOR shall provide all necessary labor, equipment, vehicles, supplies, and materials to provide all the following service:

1. Supply and delivery of Sodium Hypochlorite to the Livermore Water Reclamation Plant (WRP) located at 101 West Jack London Boulevard in Livermore, California.

TERMS AND CONDITIONS

1. CONTRACTOR shall deliver chemical to the WRP within 14 days of order.

2. CONTRACTOR shall provide email confirmation to CITY whenever an order has been received.

3. CONTRACTOR shall provide email confirmation to CITY whenever an order has been received.

4. CONTRACTOR or representative shall connect the delivery truck to the WRP tank and safely discharge chemical into the WRP tank.

5. CONTRACTOR or representative shall clean any spillage of chemical generated during the filling process.

6. CONTRACTOR or representative shall provide a weight tag showing the amount of chemical delivered to CITY for each delivery.

COMPENSATION

1. CITY shall compensate CONTRACTOR at the rate of $3.27 per gallon.

DocuSign Envelope ID: 286084ED-E44B-4F28-A9E2-48C5A561F835

EXHIBIT A
83 Revised 9/21/2015 B8 – 5M POL

Page 1 ends

EXHIBIT B

INSURANCE REQUIREMENTS

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

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

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

3. Workers’ Compensation and Employer's Liability:

Statutory limits as required by the State of California including $2,000,000 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 Liabil ity/Errors and Omissions:
$1,000,000 per occurrence.

5. Pollution Liability:
$2,000,000 per occurrence.

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 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 DocuSign Envelope ID: 286084ED-E44B-4F28-A9E2-48C5A561F835

EXHIBIT A
84 Revised 9/21/2015 B8 – 5M POL

Page 2 ends

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 insu rance 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 sect ion 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: 286084ED-E44B-4F28-A9E2-48C5A561F835 EXHIBIT A 85

CITY COUNCIL STAFF REPORT
ITEM NO. 5.8

DATE:

June 10, 2024
TO:

Honorable Mayor and City Council
FROM:

Judy Erlandson, Acting Public Works Director
SUBJECT:

Resolution authorizing execution of an agreement with EOA, Inc. for stormwater regulatory compliance assistance for a term of three years in an amount not-to-exceed $191,050.

RECOMMENDED ACTION

SUMMARY
Staff have a need for consultant services to assist with performing visual trash assessments and other regulatory compliance tasks to meet certain requirements of the City's stormwater permit. EOA, Inc. has provided quality service in the past and staff are recommending that these services continue to be provided by this company.

DISCUSSION
The City of Livermore operates and maintains a storm water conveyance system (the system) which consists of storm drain inlets, pipes, outfalls, creek segments, and concrete channels. In order to discharge water, the City holds a National Pollutant Discharge Elimination System (NPDES) Permit.

Among the many provisions of this permit is a requirement to account for and prevent litter and debris from entering into the system. This is accomplished through a combination of on-land visual trash assessments and the installation and operation of trash capture devices. EOA, Inc. has provided professional services to the City for many years, assisting staff by conducting these visual assessments and providing expertise in regulatory compliance issues as needed. Staff would like to continue to secure these services from EOA, Inc. in order to meet regulatory requirements included in the City's NPDES permit. The proposed agreement will provide services over the course of three fiscal years (FY 2024-25 through FY 2026-27).

FISCAL AND ADMINISTRATIVE IMPACTS
86 The total not-to-exceed cost of the proposed agreement is $191,050, of which $99,950 is already budgeted in the FY 2024-25 Stormwater Enterprise Fund (Fund 220). The amounts of $49,000 for FY 2025-26 and $51,200 for FY 2026-27 will be included in the next proposed two-year budget cycle. Staff does not anticipate any additional administrative or staffing impacts should this agreement be approved.

COMMUNITY PILLAR

1: A Safe Community That Thrives

GOAL

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement

Prepared by: Laura Mayate-DeAndreis
Management Analyst II

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

FOR STORMWATER REGULATORY COMPLIANCE ASSISTANCE IN AN AMOUNT NOT-TO-EXCEED $191,050 FOR A TERM OF THREE YEARS
The City of Livermore (“City”) owns, operates, and maintains a stormwater conveyance system. This system requires a National Pollutant Discharge Elimination System (NPDES) Permit to operate. This permit requires the City to take certain actions related to the capture of trash and debris.

City staff requires the support of a consultant to perform on-land visual trash assessments and provide expertise as needed. Staff recommends that the City continue to have these services provided by EOA, Inc.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the execution of a professional services agreement with EOA, Inc. for stormwater regulatory compliance services in an amount not-to- exceed $191,050, attached hereto as Exhibit A.

On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed
and adopted on June 10, 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 – Professional Services Agreement with EOA, Inc. 88 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 EOA, Inc (“Consultant”),a California corporation.

RECITAL
S
City
requires professional services to conduct on-land visual trash assessments, assist with developing annual stormwater reports, and provide on- call technical assistance.

Consult
ant 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.

AGREEM
ENT
NOW, T
HEREFORE, 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”):

Assi
st the City by performing visual trash assessments each fiscal year, completing Section C.10 of the annual report, and provide on- call technical assistance related to Section C.10 and trash reduction measures. .

4. Consultant’s Responsibilities. Consultant shall:
(a) Diligent
ly perform the Services in a manner commensurate with industry, professional, and community standards;
(b) Provi
de the resources necessary to complete the Services in a timely manner;
DocuSign Envelope ID: 51674D88-4C9A-4B17-8D55-10410652039B

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

(f) Coordinate the Services with Steve Aguiar, Environmental Compliance Supervisor (“Project Manager”), or such other person designated as the Project Manager by City;

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

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

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

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

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

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

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

(l) If applicable, Consultant shall ensure that all work for compensation is provided in compliance with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages. If applicable, Consultant shall comply with all prevailing wage laws, such as sections 1773, 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the California Labor Code and any other applicable wage and hour law. If any violation of prevailing wage law associated with this Agreement is deemed to have DocuSign Envelope ID: 51674D88-4C9A-4B17-8D55-10410652039B

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

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

5. Compensation and Payment.

(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $ 191,050 ( "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, 2027, whichever occurs first.

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

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

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

DocuSign Envelope ID: 51674D88-4C9A-4B17-8D55-10410652039B

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

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

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

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

14. Acceptance of Work. City’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy , completeness, or competency of the Services, nor do the actions constitute an DocuSign Envelope ID: 51674D88-4C9A-4B17-8D55-10410652039B

EXHIBIT A
92 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.

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

DocuSign Envelope ID: 51674D88-4C9A-4B17-8D55-10410652039B

EXHIBIT A
93 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 CI
TY: Attention: Water Resources Division Manager
City of Livermore
101 W. Jack London Blvd.

Livermore, California 94551
TO CO
NSULTANT: Attention: Chris Sommers
EOA, Inc.
1410 Jackson Street
Oakland, CA 94612

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

27. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.
********************************************
*************************************************
Signa
tures and Attachment List on the Next Page
DocuSign Envelope ID: 51674D88-4C9A-4B17-8D55-10410652039B

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

CONSULTANT: Dated:

____________________________ ___________________________ Christopher Sommers
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: 51674D88-4C9A-4B17-8D55-10410652039B 4/29/2024 | 10:57 AM PDT

EXHIBIT A
95 EXHIBIT A

SCOPE OF WORK
Consultant shall provide all necessary labor, transportation, materials, equipment, and supplies to perform the following duties:

1. Perform on-land visual trash assessments (OVTA) at approximately 40 sites each fiscal year.
a. Consultant shall assess each site three times during each fiscal year. b. Consultant shall complete field forms and photograph trash conditions observed during each event. Consultant shall enter OVTA data included on the field forms and photographs into a database that is accessible to City staff.
c. Consultant shall submit the following deliverables each fiscal year:
i. Completed data sheets for each OVTA event conducted; ii. Photographs of trash conditions;
iii. Ongoing updates to EOA’s online OVTA database, and:
iv. GIS data layer of OVTA results.

2. Develop a draft (by September 10th each year) and final compliance report (within two weeks of receiving City comments) for Section C-10 of the City’s stormwater permit.
a. Consultant will complete all subsections of Section 10 based on data and information provided by the City regarding control measure implementation and hot spot cleanups, and data/information collected by consultant.
b. Consultant shall submit one draft and one final Annual Report Section 10 (Trash Load Reduction).

3. Develop and implement a Private Land Drainage Area (PLDA) inspection program, which includes:
a. Develop PLDA inventory (one draft and one final inventory in MS Excel spreadsheet, Google Earth (kmz), and GIS data layer formats); b. Develop a City specific PLDA Trash Inspection Plan (one draft and one final PLDA Trash Inspection Plan);
c. Develop a two-page educational Fact sheet for PLDA property owners and managers that describes MRP requirements, the City’s trash inspection program, and actions/goals that PLDAs need to achieve (One draft and one final Factsheet):

DocuSign Envelope ID: 51674D88-4C9A-4B17-8D55-10410652039B

EXHIBIT A
96 d. Implement the PLDA inspection program by conducting inspections of up to 100 PLDAs included in the final inventory.
i. One set of initial inspection results in a PLDA tracking spreadsheet (MS Excel format).
ii. One set of inspection results from reoccurring inspections in FY 25- 26 and one set for inspections in FY 26-27 in a PLDA tracking spreadsheet (MS Excel format).

4. Revise and Maintain the City’s Trash Generation Map
a. One draft and one final revised trash generation map in a layered pdf format to include in the City’s FY23-24, FY24-25, and FY 25-26 annual reports.

5. On-Call Technical Assistance
a. Consultant shall provide on-call technical and regulatory services as directed by the City. Services may include, but are not limited to, assisting City consultants/contractors with revisions to the City’s long-term Trash Load Reduction Plan, providing guidance on trash management control measures to meet the 100% trash load reduction goals in MRP 3.0, load reduction estimates related to the implementation of new trash control measures, compliance reporting, and other stormwater management related activities. Consultant will provide on-call services within the budget allotted and within timeframes agreed upon by Consultant and City.

6. Project Management
a. Consultant shall provide project management and administration. The project manager and lead staff will be Chris Sommers, John Fusco, Ileana Alvarado, with other EOA staff assisting on these tasks.

REQUIREMENTS

1. All work shall be completed in compliance with applicable local, state, and federal regulations.

COMPENSATION

1. City shall compensate CONSULTANT at the following hourly rates:

DocuSign Envelope ID: 51674D88-4C9A-4B17-8D55-10410652039B

EXHIBIT A
97 Personnel Category Hourly Rates
Principal $320
Senior Managing Engineer/Scientist I $316
Managing Engineer/Scientist III $312
Managing Engineer/Scientist II $294
Managing Engineer/Scientist I $280
Senior Technical Specialist I $270
Senior Engineer/Scientist III – Project Leader $260
Senior Engineer/Scientist/Planner II $236
Senior Engineer/Scientist/Planner I $216
Associate Engineer/Scientist III $206
Associate Engineer/Scientist II $196
Associate Engineer/Scientist I $166
Assistant Engineer/Scientist $150
Technician/Administrative Manager $130
Clerical/Computer Data Entry $92

2. Charges for services shall be in increments of one quarter hour.

Depositions/legal testimony charged portal-to-portal, at 200% of standard rates, with a four-hour minimum charge. In accordance with California Civil Procedure 2037.7, where applicable, the minimum fee must be paid prior to the to commencement of testimony. Preparation for court cases is charged on a time- and-materials basis as outlined above.

3. Reimbursement for expenses directly related to services provided will be charged at actual cost plus 10%. Examples of such direct expense include:
a. Costs of sub-consultants or subcontractors.
b. Cost of special fees (insurance, permits, etc.).
c. Costs of copying, drafting, blueprints, etc. (EOA copies charged at $0.10 each for B&W, $0.35 each for color. Large format $0.15/sq ft for B&W, $0.50/sq ft for color)
d. Costs of color map production supplies (color ink and large format paper) e. Costs or rental of special equipment. Daily use fees of monitoring equipment charged at the following rates:
i. Single parameter field meter: $10/day
ii. Multi parameter field meter and sonde: $100/day
f. Automobile mileage directly related to services, at the current IRS rate.

DocuSign Envelope ID: 51674D88-4C9A-4B17-8D55-10410652039B

EXHIBIT A
98 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.

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: 51674D88-4C9A-4B17-8D55-10410652039B

EXHIBIT A
99 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.

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

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

DocuSign Envelope ID: 51674D88-4C9A-4B17-8D55-10410652039B

EXHIBIT A
100

CITY COUNCIL STAFF REPORT
ITEM NO. 5.9

DATE:

June 10, 2024
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution authorizing execution of an agreement with Lynx Technologies, for Geographic Information System enhancements, upgrades, development and maintenance services in the amount not-to-exceed $250,000, and a term of two years.

RECOMMENDED ACTION

SUMMARY
This agreement provides ongoing hardware, software, and database maintenance for the City’s GIS.

This includes application development/deployment, including maintaining digital mapping of all City parcels and infrastructure. The agreement (Exhibit A to the Resolution) covers a two-year term through the end of FY 2025-26 with a not-to exceed total of $250,000. Staff recommends that Council adopt a resolution authorizing execution of an agreement for consulting services with Lynx Technologies.

DISCUSSION
The City’s GIS platform supports critical services for many City Departments, including Fire, Police dispatch, on-demand ownership/parcel information for Innovation and Economic Development and Community Development, and City utility/infrastructure location and descriptive metadata attributes for Public Works and Engineering. The GIS platform significantly reduces staff time required to perform related job functions. It ensures that timely information is readily available to City staff for emergencies, disaster recovery, routine customer requests, and City planning and engineering work. The system is an efficient technological tool that significantly reduces research efforts and enables cost-effective infrastructure management.

The mapping system is rich in information regarding street right-of-way, easements, property lines, assessor’s parcel data, subdivision/parcel map boundaries, floodplain/zoning, aerial ortho-photography, and the City’s utility infrastructure. Multiple departments use GIS map files associated with various City 101
applications for planning, engineering, infrastructure maintenance, emergency response, disaster recovery, and homeland security. Integrity and maintenance of this data and the supporting GIS system is a mission-critical task. On-going development of customized tools based on specific departmental/division needs has driven staff utilization of GIS from occasional use to an integral part of daily work. As the user base continues to grow, the IT Division receives more requests for GIS links to other data. A new aspect of the system is the City’s focus on Asset Management. GIS serves as a companion mapping and location tool for the City's new asset databases being created to monitor and plan for the City's infrastructure repair and replacement.

Lynx Technologies has partnered with the City since the development and deployment of the original digital mapping and information system for the City’s GIS program. Lynx Technologies has continued to provide some of the services required to maintain and enhance the GIS system. Their familiarity with the City’s GIS platform, CAD system, Accela, NexGen, data sets, and user needs uniquely qualifies them to continue maintenance and development services for the GIS program. Staff is recommending the execution of a renewal contract to continue Lynx Technologies’ services through June 30, 2026.

FISCAL AND ADMINISTRATIVE IMPACTS

The agreement for professional services between the City of Livermore and Lynx Technologies includes a not-to-exceed amount of $250,000 over two years. All costs associated with the proposed contract are included in the current Information Technology Division’s budget.

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: Kim Loan Tran
GIS Program Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LYNX TECHNOLOGIES, INC. IN AN AMOUNT NOT-TO-EXCEED $250,000, FOR

GEOGRAPHIC INFORMATION SYSTEM ENHANCEMENTS, UPGRADES,

DEVELOPMENT AND MAINTENANCE SERVICES FOR A TWO-YEAR TERM The City of Livermore’s (“City”) GIS platform supports critical services for many City Departments, including Fire, Police dispatch, on-demand ownership/parcel information for Economic and Community Development, City utility/infrastructure location and descriptive metadata attributes for Public Works and Engineering.

The GIS significantly reduces staff time required to perform related job functions. It ensures timely information is readily available to City workforce for emergencies, disaster recovery, routine customer requests, and City planning and engineering work. The system is an efficient technological tool that significantly reduces research efforts and enables cost-effective infrastructure management.

Lynx Technologies, Inc. has partnered with the City since the development and deployment of the original digital mapping and information system for the City’s GIS program began. Lynx Technologies, Inc. has continued to provide some of the services required to maintain and enhance the GIS system. Their familiarity with the City’s GIS platform, CAD system, Accela, NexGen, data sets, and user needs uniquely qualifies them to continue maintenance and development services for the GIS program.

Staff is recommending the execution of an agreement to continue utilizing Lynx Technologies, Inc.’s services through June 30, 2026.

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 Lynx Technologies, Inc., attached hereto as Exhibit A, in an amount not-to-exceed $250,000 for a term of two years.

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 June 10, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
103
RESOLUTION NO. _________
ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Tara Mazzanti___________ Deborah L. Elam Tara Mazzanti
Acting City Clerk Assistant City Attorney
Exhibit A – Agreement with Lynx Technologies, Inc.
104
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 Lynx Technologies, Inc. (“Consultant”),a California Corporation.

RECITALS

City requires professional services to maintain and build the City's Geographic Information System (GIS). Over the next twenty-four months, Lynx will divide GIS services between two areas: 1) maintenance of existing data, and 2) development and integration of the City’s GIS with other business systems.

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

AGREEMENT

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

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

Maintain and build the City's Geographic Information System (GIS). Over the next twenty- four months, Lynx will divide GIS services between two areas: 1) maintenance of existing data, and 2) development and integration of the City’s GIS with other business systems.

4. Consultant’s Responsibilities. Consultant shall:

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

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

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(c) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;

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

(f) Coordinate the Services with Steve Rodriguez, Asst. Admin Services Director (“Project Manager”), or such other person designated as the Project Manager by City;

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

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

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

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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,

5. Compensation and Payment.

(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $ 250,000 ( "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, 2026, whichever occurs first.

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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.

(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).

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

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

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assumption of Consultant’s responsibility or liability by City for any defect or error in the Services.

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.

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

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TO CITY: Attention: Steve Rodriguez, Asst. Admin Services Director City of Livermore
1052 S Livermore Avenue
Livermore, California 94550

TO CONSULTANT: Attention: Patrick Kelleher, Principal
Lynx Technologies
1350 41st Avenue, Suite 202
Capitola, CA 95010

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.

CONSULTANT: Dated:

____________________________ ___________________________ Patrick Kelleher
CEO

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ Marianna Marysheva
City Manager

APPROVED AS TO FORM:

___________________________
Deputy/Assistant/City Attorney

APPROVED AS TO INSURANCE:

_______________________
Risk Manager/Analyst

Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements

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EXHIBIT A

City of Livermore GIS Services Scope of Work
GIS Development Budget for 2024-2026

Lynx Technologies proposes this sco pe of work to help the City of Livermore continue to maintain and build the City's Geographic Information System (GIS). Over the next twenty-four months Lynx will divide GIS services among two areas: 1) maintenance of existing data, and 2) development and integration of the City’s GIS with other business systems.

Work will be conducted by up to three Lynx staff, and managed by Patrick Kelleher of Lynx. Mr.

Kelleher is available to be onsite two days per week throughout the contract period. Mr. Kelleher and the GIS Program Manager, Kim Loan Tran, will meet at least once a week to review the ongoing status of the GIS service projects described below. Additional meetings may be scheduled each week, subject to the reasonable discretion of City of Livermore, including Ms.

Tran.

1) Maintenance. All
spatial data is coordinated through Information Technology and Kim Loan Tran, the GIS Program Manager. Updates are published at least weekly to the City's servers; critical ad hoc requests can be processed within a few days’ notice. Up to four Lynx staff work on various parts of the maintenance workload of over 200 data sets that comprise the GIS. The maintenance process includes requests from all departments.

Mai
ntenance tasks are driven by the City in several ways: 1) Individual department leads submit change requests through City internal ticketing system for their respective data to the GIS Program Manager, 2) Basemap feature data including assessor's data and parcel changes are triggered at the beginning of each month by the release of the latest County tax role tables, 3) Ad hoc and critical edits are managed through the GIS Program Manager, and 4) The LiveMap Map Update Request Form (MURF) process, and anyone in the City who sees an error on LiveMap can recommend an edit by submitting a MURF. All requests are subject for approval and delegation by the GIS Program Manager.

2) Development and Integration. Patrick Kelleher of Lynx Technologies avera ges two days per week on ongoing development of the GIS and integration with other business systems. He will work under the supervision of and directly with the GIS Program Manager to continue to build GIS workflows for different business needs. The broad topics he will be responsible for include:
• Database Management an d Administration
 Access to the Enterprise Geodatabase is provided using Windows Authentication through the City’s Active Directory; all users can connect (view-only) using their Windows logon. Editing rights are granted to specific users as requested by the GIS Program Manager.  The Enterprise Geodatabase is on a dedicated Windows 2019 server (LCH_GISDB) using SQL Server 2019 in which several databases are utilized: GISProd, GISWeb and RASTER. These databases are backed up regularly, and various utilities employed to maintain performance. • Software and hardware updates (ESRI and VertiGIS)
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 Both vendors typically update once per year although minor maintenance patches are more frequent. Updates can be scheduled over the weekend to minimize impact to end users.
• GIS Web Site Development
 Currently we have several internal and external sites deployed, primarily through Gecocortex Essentials, but also through AGOL and Portal:
i. Internal Sites

1. Community Development

2. Water Resources

3. Collisions

4. Police

5. Source Control

6. Address Editing
ii. External Sites

1. Public Viewer

2. Water Resources (Field Access)

3. Police (Public) Viewer

4. Affordable Housing
• GIS and Business System Integration
 Currently we have the following business systems integrated with GIS:
i. NexGen for Water Resources
ii. NexGen for Public Works
iii. Accela Citizen Access
iv. Digital Reel
v. Granicus
vi. EOC/Veochi
 Proposed integration Projects include:
i. MTC/Street Saver API. This project has two phases, the first would enable the Livermore GIS to directly access MTC street condition data via http instead of period downloading shape files. The second phase would enable 2-way communication so that staff can update content via web services.
ii. Pipe Logix Integration (see below)
• Synchronization with Lynx Servers
 Currently, the two databases participate in a 2-way integration scheme using an XML data change format to execute changes between the two environments.
• Ongoing Tri-Valley GIS Integration
 There is a strong interest throughout the Livermore Valley’s GIS Community to share data in a collaborative environment. An existing MOU to freely exchange data is in place but needs to be updated to reflect current trends and technologies.
 Several projects are underway to set up sharing via services via AGOL and Portal. For example, Dublin and Zone 7, ACRECC and LPFD, and Livermore and Zone 7 all share services in some form. Our goal is to formalize the process and develop the standards and content to share data. ArcGIS Enterprise Portal Development

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• Documentation
 Provide user friendly guides related to ESRI or VertiGIS user account setup, and / or pertaining to software downloads and installations.  Provide training and supporting materials to City Staff 3) Special Projects. Ne w data and applications will be developed based on user-driven requests as defined by the GIS Program Manager. The following is list of projects that have been discussed previously:

ArcG
IS Enterprise. Over the last two years the ESRI technology has evolved quickly and set a new standard for local government. ArcGIS Enterprise expands the existing ArcGIS Server environment to integrate cloud computing and a host of web-enabled applications and resources designed around a more open user-based environment. Field applications, management dashboards and interactive story maps are some examples. ArcGIS Enterprise 11.2 is deployed and configured in parallel with the existing ArcGIS Server/Geocortex suite. This project will accomplish several initiatives: 1) Set ArcGIS Enterprise as the main GIS gateway for internal and external users, 2) Expand access for the GIS Community so that Enterprise is integrated the primary platform for targeted applications, 3) Possibly migrate Geocortex to the new VertiGIS environment which is more tightly integrated with ArcGIS Enterprise based on the City GIS needs assessment.

Accela Civic Platform Integration. GIS manages all APO (Address, Parcel, Owner) for Accela Civic Platform. Additional integration effort will benefit users by enabling GIS to perform advanced near real-time spatial and structured queries of current permit activity.

Engineering Projects. We have a host of ongoing projects within engineering that are at different levels of development: Monuments and Benchmarks, Handicap Ramps, Traffic (Collisions and Traffic Volumes), street condition (PCI ratings). These will pass on to the GIS manager and will continue to be developed and maintained per GIS PM’s direction.

Field Apps and ArcGIS Online. Stream Maintenance Management Program, Homeless Encampments, Sidewalk Condition, Street Sign Inventory, EOC Disaster Inspection are a few applications that have been developed using ArcGIS / ArcGIS Field Maps and Survey 123 that are integrated with ArcGIS Server and Geocortex. These environments work together to enable city staff to use a smartphone or tablet device to capture features and ‘tag’ assessment data in the field.

Document Image Integration. This is an ongoing project that reaches multiple disciplines and includes record maps, As-built Utility drawings, Fee and Easement documents and legal descriptions. Integration with Digital Reel was completed in 2023. However, many of the documents are not in Digital Reel and Lynx will work with City GIS Program Manager to locate, scan (if necessary) and link the GIS feature and the document records in Digital Reel.

PipeLogix / GIS Integration. The collections department upgraded their CCTV Inspection equipment and staff has requested that Lynx develop a reporting tool in Geocortex so that the inspection reports can be viewed in the online GIS. PipeLogix stores CCTV files and reports during preventative maintenance runs of sewer and stormwater lines. Pipe defects are reported DocuSign Envelope ID: 2CFF7732-7737-4B16-83AC-4560C935012B

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for each main and staff would like to be able to view this data via the GIS Viewer. Lynx will develop a specifications document that will detail the scope and schedule, and ongoing maintenance requirements for this project.

Public Works. The department has recently expanded and will be developing an asset management program for all the layers under its purview. Lynx is available to help with a given request by the department to help add content or develop data. We will work with the GIS Program Manager, Kim Loan Tran to define the scope of work and priority. If requested, we can provide Lynx GIS staff to be onsite at the corporation yard for a period of time.

Other Requests. Perform advanced mapping and geoprocessing for various projects by city departments on an as-needed basis. For example, annual lists are required for Flood Insurance, economic development requests for periodic updates of low-income housing, New Development projects, special request by LPFD, and Water Resources.

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Schedule of Fees (as of July 1, 2019)
Labor Rates
Principal $125/Hour
Project Manager $95/Hour
Programmer/Analyst $85/Hour
GIS Analyst/Technician $70/Hour
GPS Field Crew (2 staff)* $500/Day
Data Entry/Support Staff $35/Hour

* Applicable Travel Expenses Recharged

Printing/Plotting Costs
E-Size $50 ea.

D-Size $4 0 ea.

C-Size $3 5 ea.

B-Size $5 ea.

A-Size $2 ea.

Oversize $3/Sq. Ft.

Lamination
3 mil: $2 per square foot
5 mil: $3 per square foot

Software
Lynx Technologies is an ESRI Silver Business Partner.

Training
Training for ArcGIS Desktop and ArcGIS Pro - Typical cost for an agency within California is approximately $2,500 calculated as follows:
• Three 6 hour days @ $500 (Class size is limited to the number of computers available) • Travel Expenses are re-charged to client (approx. $450) • Mapping Template customized by Lynx is $500

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Budget: $250,000 is requested for the 2-year term; this matches a detailed breakdown of workload over the last contract term (below)

Category Hours Cost
dbAdmin/Web 634.00 $ 44,380
Maintenance 1005.50 $ 70,385
Public Works 319.50 $ 22,365
Planning 42.75 $ 2,993
Police 39.50 $ 2,765
Utilities 372.75 $ 26,093
City Manager 76.00 $ 5,320
Sewer Lat 171.00 $ 11,970
BMI 563.75 $ 39,463
Granicus 16.25 $ 1,138
Buildings 29.00 $ 2,030
Misc 6.25 $ 438
MTC 1.75 $ 123
PM & OH 285.00 $ 19,950
Total Hours 3563.00 $ 249,410

dbAdmin/Web
18%
Maintenance
28%
Public Works
9%
Planning
1%
Police
1%
Utilities
11%
City Manager
2%
Sewer Lat
5%
BMI
16%
Granicus
0%
Buildings
1%
Misc
0%
MTC
0%

PM & OH
8%
Summary of Two-Year Expenses 2022 - 2024
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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:

4. Cyber and Professional Liability/Errors and Omissions:
$1,000,000 per occurrence.

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

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

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

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limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

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

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

Revised 9/21/2015 B18 – 1M Cyber

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CITY COUNCIL STAFF REPORT
ITEM NO. 5.10

DATE:

June 10, 2024
TO:

Honorable Mayor and City Council
FROM:

Judy Erlandson, Acting Public Works Director
SUBJECT:

Resolution authorizing execution of a second amendment to the agreement with Terracare Associates for City-wide landscape maintenance, increasing the not-to-exceed amount from $3,900,000 to $6,600,000 and extending the term of the agreement two additional years to May 31, 2026.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a second amendment to the agreement with Terracare Associates (Terracare) for City-wide landscape maintenance to add additional tasks, increase task rates by CPI, increase the not-to-exceed amount from $3,900,000 to $6,600,000, and extend the term of the agreement two additional years to May 31, 2026.

SUMMARY
The Maintenance Division of the Public Works Department utilizes a combination of contract services and City staff to provide landscape maintenance throughout the City. The current agreement with Terracare for City-wide landscape maintenance allows for an increase to rates by Consumer Price Index (CPI) and to extend the term of the agreement with two two-year extensions. The proposed amendment will provide the necessary support needed to maintain the landscape areas to the standard desired by the City.

DISCUSSION
The Maintenance Division utilizes Terracare for City-wide landscape maintenance at specified landscape areas for tasks that include the mowing of large turf areas, maintenance of bike and walking paths, landscape maintenance districts, and landscape areas along major arterial roadways. The current agreement allows for an increase to rates by CPI and to extend the term of the agreement with two two- year extensions.

On May 24, 2021, City Council authorized the City Manager to execute a general services agreement with Terracare in the amount of $2,934,000 to provide City-wide landscape maintenance. On May 9, 120
2022, City Council authorized the City Manager to execute a first amendment to the agreement with Terracare to increase the total compensation to the not-to-exceed amount of $3,900,000 for additional landscape services for twenty-three landscape maintenance districts and maintenance service within the downtown maintenance district.

The second amendment includes two additional tasks for increased maintenance service. The downtown parking garage and elevator will be cleaned and serviced now on weekends and streetscape maintenance service on First Street will be extended through M Street on the south side. The term of the contract and the option to extend for one additional two-year term will remain in place, as well as the extension being subject to mutual agreement and price increases not to exceed the Consumer Price Index (CPI) from the prior year.

FISCAL AND ADMINISTRATIVE IMPACTS

The funding is currently budgeted in the Landscape Maintenance Section and the Landscape Maintenance Districts 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 - Second Amendment to 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 A SECOND

AMENDMENT TO THE AGREEMENT WITH TERRACARE

ASSOCIATES, LLC FOR CITY-WIDE LANDSCAPE MAINTENANCE

SERVICES TO INCREASE THE NOT-TO-EXCEED AMOUNT FROM
$3,900,000 TO $6,600,000 AND EXTEND THE TERM FOR TWO YEARS The Maintenance Division of the Public Works Department is responsible for maintaining landscape areas throughout the City of Livermore (“City”). To provide these services, the Public Works Department requires the assistance of contract service providers.

On May 24, 2021, and after a full bidding process, the City Council adopted Resolution No. 2021-066 authorizing the City Manager to execute an agreement with Terracare Associates, LLC (“Contractor”) for landscape maintenance services in an amount not-to-exceed $2,934,000 and for a term of three-years, with the option to extend the term for two additional two-year periods. On May 25, 2021, the City Manager executed the agreement.

On May 9, 2022, the City Council adopted Resolution No. 2022-067 authorizing the City Manager to execute a first amendment to the agreement with Consultant to increase the not-to-exceed amount by $966,000 for a total not-to-exceed amount of $3,900,000, and to incorporate additional maintenance services into the scope of the agreement. The City Manager executed the first amendment on May 10, 2022.

The Public Works Department requires additional assistance from Contractor to provide landscape maintenance services throughout the City. As a result, the City desires to enter into a second amendment to the agreement with Consultant to: (1) increase the task rates; (2) add an additional maintenance area to the scope of the agreement; (3) increase the not-to-exceed amount by $2,700,000 for a total not-to- exceed amount of $6,600,000; and (4) extend the term of the agreement through May 31, 2026, utilizing the first of the two additional two-year extension periods.

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

1. Authorizes the City Manager, or her designee, to execute a second amendment to the general services agreement with Terracare Associates, LLC, attached hereto as Exhibit A, to: (1) increase the task rates; (2) add an additional maintenance area to the scope of the agreement; (3) increase the not-to-exceed amount by $2,700,000 for a total not-to-exceed amount of $6,600,000; and (4) extend the term of the agreement through May 31, 2026.
122
RESOLUTION NO. ________

2. Continues to authorize the City Manager, or her designee, to extend the term of the agreement for one additional two-year period and, if the term of the agreement is extended, authorizes the City Manager, or her designee, to permit an increase to the not-to-exceed amount and hourly rates or task amounts for all services in an amount that shall-not-exceed the percentage increase in the Consumer Price Index (“CPI”) for all urban consumers in the San Francisco – Oakland – Hayward area from the prior calendar year’s CPI rate.

3. Authorizes the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed second amendment to the agreement with Terracare Associates, LLC.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on June 10, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala
Deborah L. Elam Jason R. Alcala
Acting City Clerk City Attorney
Exhibit A – Second Amendment to the Agreement with Terracare Associates, LLC 123
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SECOND AMENDMENT TO AGREEMENT FOR SERVICES
T
HIS SECOND AMENDMENT is made and entered into this ____ day of ________, 2024, by and between the City of Livermore (“City”), a municipal corporation, and Terracare Associates, LLC (“Contractor”), a Colorado limited liability company.

RE
CITALS
On
May 25, 2021, City and Contractor entered into an agreement for Contractor to provide city -wide landscape maintenance 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.

On
May 10, 2022, City and Contractor executed a First Amendment to the Original Agreement to increase the not-to-exceed amount and update Exhibit A-1 to add additional services to the scope of work.

C
ity and Contractor desire to amend the Original Agreement to: (a) update the task rates in Exhibit A-2; (b) add an additional maintenance area task to Exhibit A-2; (c) increase the not-to-exceed amount; and (d) extend the term of the Agreemen t for the first of two two -year extension terms . This is the SECOND amendment to the Original Agreement.

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

1. T
he Original Agreement is amended as follows:

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

D
escription of Services. Cont ractor shall provide city -wide landscape maintenance services as more particularly set forth in Exhibit “A-2” (collectively “the Services”).

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

T
he total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $6, 600,000 (“not-to-exceed amount”).

City shall compensate Contractor for the Services rendered at the hourly rates or task amounts set forth in Exhibit “A -2” to the Second Amendment up to the not -to-exceed amount. Except as provided in the body of this Agreement, the hourly rates or task amounts are intended to be Contractor’s only compensation for the Services and is inclusive of all costs of labor, licensing , permitting, travel expenses, overhead and DocuSign Envelope ID: 4B0BE629-04C8-46DA-8CDD-7D94E150366B

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administrative costs, and any -and-all other costs, expenses, and charges incurred by Contractor, its agents, and employees to provide the Services.

C. Section 6 of the Original Agreement is amended to read as follows:

Term. The term of this Agreement commences on June 1, 2021 , and terminates upon the completion of the Services or May 31, 2026, whichever occurs first. This Agreement may be extended for one additional two- year term by mutual written agreement of the parties, provided the not -to-exceed amount and the hourly rates or task amounts set forth in Exhibit “A-2” for compensation for the additional two-year term are not increased by more than the percentage increase in the Consumer Price Index (CPI) for all urban consumers in the San Francisco – Oakland – Hayward area from the prior calendar year’s CPI rate.

2. Th
ese amendments are prospective and only apply to the S ervices rendered by Contractor 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.

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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:

____________________________ ___________________________ Brian Helgoe
CEO

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-2 - Landscape Maintenance Area Description and Pricing Schedule

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126
Weekly Twice a Month Monthly
Alden Lane Estates $ 275.14 $ 233.87 $ 206.36 Altamont Creek I $ 162.48 $ 138.11 $ 121.86 Altamont Creek II $ 1,039.54 $ 883.61 $ 779.65 Arroyo Crossings $ 1,692.30 $ 1,438.46 $ 1,269.23 California Promenade $ 626.03 $ 532.13 $ 469.53 Creekside $ 349.28 $ 296.89 $ 261.96 Kristopher Ranch $ 1,660.34 $ 1,411.29 $ 1,245.25 Ladera Estates $ 1,281.24 $ 1,089.05 $ 960.93 Larry's Place $ 200.85 $ 170.98 $ 150.38 Maralisa I $ 512.99 $ 436.04 $ 384.74 Maralisa II $ 563.55 $ 479.02 $ 422.67 Parkside $ 271.35 $ 230.65 $ 203.52 Ponderosa Legacy $ 1,800.89 $ 1,530.76 $ 1,350.67 Portola Glen $ 2,551.57 $ 2,168.83 $ 1,913.68 Ridgecrest $ 537.37 $ 456.77 $ 403.03 Scenic Meadows $ 118.21 $ 100.48 $ 88.66 Scenic Seven Hills $ 360.50 $ 306.94 $ 270.89 Sevillano $ 1,276.33 $ 1,084.88 $ 957.25 The Bluffs $ 701.85 $ 596.57 $ 526.39 The Grove $ 3,170.97 $ 2,695.32 $ 2,378.23 The Meadows $ 179.07 $ 152.21 $ 134.30 Vineyard Gates I $ 1,216.05 $ 1,033.65 $ 912.03 Vineyard Gates II $ 276.19 $ 234.77 $ 207.15 $ 17,159.33 $ 17,159.33 $ 17,159.33
Total 37,983.44$ 34,860.60$ 32, 777.67$
Downtown with Weekend Service
LMD LOCATIONS (A Service) (B Service) (C Service)
Livermore Additional Areas
Price Proposal
Exhibit A-2
DocuSign Envelope ID: 4B0BE629-04C8-46DA-8CDD-7D94E150366B

EXHIBIT A
127
Weekly Twice a
Month Monthly
A Service B Service C Service
L6 Monticello, Tract 900845 along
Murrieta Blvd 1/3 Monticello 15,076 481.55$ 373.20$ 216.69$ L8 Tapestry, Tract 6168; 900646
along Concannon Tapestry 153,900 2,163.00$ 1,676.33$ 973.35$ L15 Tract 5866 & 6416; 900642
along Concannon 3/4 Sandhurst 38,025 313.80$ 243.19$ 141.21$ L16 Jack London Place, 900775 on
Jack London
Jack London
Place 9,150 144.62$ 112.08$ 65.09$
L38 Tract 7087; 900727 along
Concannon 2/3 Prima 35,665 294.70$ 228.40$ 132.62$ L2 Stratford Park: 900851
Patterson Pass @ Vasco 3/4 Stratford Park 231,155 3,653.63$ 2,831.56$ 1,644.13$ L39
Dunsmuir, Tract 900728 East
Ave to Vasco Rd along
Charlotte Way
Dunsmuir 6,271.57$ 4,860.46$ 2,822.20$
L44 Tract 7189; 900740 Mines
@Patterson Pass Legacy Collection 98,075 184.33$ 142.86$ 82.95$ L47 Birchwood Park, 900744 East
Ave @ Vasco Birchwood Park 57,675 229.58$ 177.92$ 103.31$ L53
Creekside Villas, 900905 Vasco
@ Forget Me Not Comm Forget Me Not 14,874 110.37$ 85.54$ 49.67$ L54 Scenic Seven Hills, 900906
Vasco @ Scenic E side1/4
Scenic Seven
Hills 7,500 59.61$ 46.20$ 26.82$
L61 Scenic Links; 900782 Scenic Links 9,680 137.97$ 106.92$ 62.09$ L67 Altamar; LL-807 900757 Vasco
@ Garaventa 3/4 Altamar 20,320 309.05$ 239.52$ 139.07$ L69 Sonterra; 900755 Vasco Rd Sonterra 19,559 201.98$ 156.54$ 90.90$ L74 Park Lane; 900730 Vasco @
Scenic W side Park Lane 430.14$ 333.36$ 193.57$ L75
Orchid Place Vasco @ Bikepath
W side Orchid Place 246.14$ 190.76$ 110.77$ L76 Dover Vasco @ Scenic E side Dover 256.92$ 199.11$ 115.62$ L78
East Vasco Landscape along
east side of Vasco Road from
East Ave to Patterson Pass
Vasco East LLNL 160,000 2,493.39$ 1,932.38$ 1,122.03$ L79 Medians on First Street from O
street to S Street First Street 309.05$ 239.52$ 139.07$ L80
West side of Vasco Rd from
100' South of Forget Me Knot
extending South 315'
Magnolia Place 171.08$ 132.59$ 76.99$
Terracare Associates - Pricing Schedule
Square
Footage
approx.

NAMELMD LMD #
Exhibit A-2
DocuSign Envelope ID: 4B0BE629-04C8-46DA-8CDD-7D94E150366B

EXHIBIT A
128
Weekly Twice a
Month Monthly
A Service B Service C Service
Square
Footage
approx.

NAMELMD LMD #
L81
South side of East Avenue from
350' west of Vasco wrapping
onto Vasco and continung 525'
south along Vasco Rd
The Vines 461.44$ 357.62$ 207.65$
L82 South side of Concannon from
Murdell Ave going 740' west Alden Estates 322.30$ 249.79$ 145.03$ 870,654 19,246.22$ 14,915.84$ 8,660.82$ TOTALS Exhibit A-2
DocuSign Envelope ID: 4B0BE629-04C8-46DA-8CDD-7D94E150366B

EXHIBIT A
129
Weekly Twice a Month
A Service B Service
P1 Park at Arroyo Rd from Cartier to Creek P-Arroyo 21,780 370.89$ 287.44$ P2 Park at Railroad Av and S Street 9009169 DT-Bricky 9,630 313.46$ 242.94$ P3 Park at Holmes and Fourth Street P-Centen 26,136 364.24$ 282.28$ P4 Park at Junction and Ladd P-Dolan 25,560 331.12$ 256.62$ P5 Park at East Ave. and McLeod N & S sides P-East 36,560 330.02$ 255.77$ P6 Park at Fifth and Livermore P-Fifth 4,300 164.46$ 127.45$ P7 Park At First and S. Street 9009169 Turf and
Landscape at Park and two triangles DT- Hansen 13,068 295.81$ 229.25$ P8 Park at Crater Rd from Tahoe Dr to Superior Dr P-Crater 23,272 294.70$ 228.39$ P9 Park At First and Livermore Ave 9009164 DT- Lizzie-Mills- Flag 13,368 344.37$ 266.88$
P10 Park at LVC Plaza 9009165 DT- Plaza 271.53$ 210.44$ P11 Park at Carnegie J St and K St on Third DT- Carnegie 420.53$ 325.91$ P12 Park at Madeira and School St. P-Madeira 21,780 294.70$ 228.39$ P13 Park at Napa Ct. P-Napa 1,356 146.80$ 113.76$
P14 Park at Livermore and Portola P-Portol 130,256 905.08$ 701.44$ P15 Park on Ruttan Ave W/E sides P-Ruttan 27,840 242.83$ 188.19$ P17 Park on Findlay Way ( Horse trails) P-Quazal 14,560 258.27$ 200.16$ P18 Park at Pacific Ave at the Barn P-Barn 292.44$ 226.64$ P19 Park at Community Services Center on Pacific P-Comsvs 474.61$ 367.82$ P20 Park at 1188 S. Livermore Ave P-Cvc Librar
(New) 1,089.41$ 844.29$
P21 Park at S. Livermore Av and Pacific Ave City Hall P-CVCCTR 1,312.37$ 1,017.09$ P22 Park at S Livermore and Pacific P-Librar 562.92$ 436.26$ P23 Park at Police Building P-Police 1,158.95$ 898.18$ P24 P-Desiree Desiree Mine Park 5000 236.23$ 183.08$
P25 Landscaping along Terminal Circle and Airport Admin Buildings P-Terminal Circle 910.06$ 705.29$
P26 P - Sister City wase side of Airway Blvd from
Clubhouse Dr. to 100' east of Terminal Circle P-Sister City 880.80$ 682.62$ P27 P - Water Treatment Plant Jack London at Isabel P-Treatment Plant 573.96$ 444.82$ P28 P-Hagemann Farm 455 Olivina Ave. Landscape
surrounding house P-Hagemann 449.08$ 348.04$
City Park Price Totals 374,466 $ 13,289.65 $ 10,299.46 Terracare Associates - Pricing Schedule
CITY PARKSPark # NAMES Square Footage
approx.

Exhibit A-2
DocuSign Envelope ID: 4B0BE629-04C8-46DA-8CDD-7D94E150366B

EXHIBIT A
130
W # CITY WALK PATHS JANUARY &
JUNE
Square Footage
approx. TWO TIMES PER
YEAR
W1 Walk Path at Concannon Blvd. W-concan 1,905 231.75$ W2 Walk Path at Crane Ave. W-crane 1,905 231.75$
W3 Walk Path at Creek Rd. II W-creek2 1,905 231.75$
W4 Walk Path at Hagemann W-hagemn 1,905 231.75$
W5 Walk Path at Kelly St. I W-kelly1 1,905 231.75$
W6 Walk Path at Kelly St. II W-kelly 2 1,905 231.75$
W7 Walk Path at Murdell Ln W-murdel 1,905 231.75$
W8 Walk Path at Olivina W-olvn 1,905 231.75$
W9 Walk Path at Tanenger I W-tanger 1,905 231.75$
W10 Walk Path at Tanenger II W-tanger2 1,905 231.75$
W11 Walk Path at Wagoner Dr. W-wagon 1,905 231.75$
W12 Walk Path at Wall St. W-wall st 1,905 231.75$
W13 Walk Path at Yosemite W-yosemi 1,905 231.75$
W14 Walk Path at Oakmont Cr. W-oakmon 1,905 231.75$
W15 Walk Path at Singing Hills Ave. W-singin 1,905 231.75$ W16 Walk Path at Idlewild W-idlew 1,905 231.75$
W17 Walk Path at Loyola Way W-loyola 1,905 231.75$
W18 Walk Path Singing Hill W Sing 1,905 231.75$
W19 Walk Path Charlottte Way W charlotte 1,905 231.75$
W20 Walk Path at Crestmont w-crestm 1,905 231.75$
W21 Walk Path at Creek Rd. I W-creek 1,905 231.75$
W22 Walk Path at Cromwell W-cromwl 1,905 231.75$
W23 Walk Path at El Dorado W-eldora 1,905 231.75$
W24 Walk Path at Falcon W-falcon 1,905 231.75$
W25 Walk Path at Farnsworth W-farnsw 1,905 231.75$
W26 Walk Path along Olivina at Old Horse Ranch
(Hoofprints on the Heart) W-Olivina II 9,700 552.08$
Walk Paths ANNUAL Price Total 6,345.83$
Terracare Associates - Pricing Schedule
Exhibit A-2
DocuSign Envelope ID: 4B0BE629-04C8-46DA-8CDD-7D94E150366B

EXHIBIT A
131

CITY BIKE PATHS
Square Footage
approx.

FOUR TIMES

PER YEAR
Bike Path from approximately 700 feet north of RR
crossing bridge at Murrieta to Arroyo Rd on south side of creek & from approximately 500 feet west of S. Livermore Ave to Hillcrest Ave Wetmore to Hillcrest Ave
B- Arroyo 310,070 1,655.00$
Bike Path from Wetmore to Marina E side of street B- Arroyo II 109,070 3,973.53$ Bike Path behind Paseo Laguna along back to Las
Positas Ct. B- Lposit 126,000 4,249.49$
Bike Path from Heather to Springtown B-Spring 250,000 8,518.35$ Bike Paths ANNUAL Price Total 18,396.38$
Terracare Associates - Pricing Schedule
Exhibit A-2
DocuSign Envelope ID: 4B0BE629-04C8-46DA-8CDD-7D94E150366B

EXHIBIT A
132
Weekly Twice a
Month Monthly
Square
Footage
approx.

A Service B Service C Service
M1 M-Airport Airport hangar grounds 114,389 $681.03 $527.79 $306.46 M2 M-Albert Way Albert @ Murdell 3,000 $56.29 $43.63 $25.33 M3 M- Arroyo Arroyo Rd Cartier to
Wetmore 182,950 $1,218.55 $944.38 $539.08
M4 M-College Landscape on College at
Fourth street 15,000 $299.12 $231.82 $134.60
M5
M-Collier Canyo Medians on Collier
Canyon 24,056 $226.27 $175.36 $101.83
M6 M-Concannon Medians & BLT on
Concannon BLVD 99,246 $1,600.46 $1,240.35 $720.21
M7 M-Cordoba BLT on Desconsado and
Cordoba 400 $23.19 $17.96 $10.43
M8 M-E.Airway BLT along Airway Blvd. 11,500 $203.09 $157.39 $91.39 M9 M-Elaine Medians on Elaine 200 $16.56 $12.83 $7.46
M10 M-El Caminito BLT on El Caminito 1,100 $16.88 $13.08 $7.59 M11 M-El Dorado BLT at end of El Dorado
Ct. 400 $23.19 $17.96 $10.43
M12 M-El Padro BLT at El Padro. 800 $66.22 $51.32 $29.80 M13 M-Epson Medians on Epson at
Concannon 150 $28.70 $22.24 $12.92
M14 M- First
Medians & Overpass on
First St. City maintained
only 580 / Old First)
54,540 $431.57 $334.47 $194.21
M15 M-Holmes
Medians & BLT on
Holmes St. City
maintained only (First St
to Wetmore)
150,060 $810.16 $627.87 $364.57
M16 M-Jack London Medians & BLT on Jack
London 20,810 $262.70 $203.59 $118.21
M18
M-Old First trian BLT at First St and Old
First (2 triangles) 26,000 $128.04 $99.23 $57.62
Terracare Associates - Pricing Schedule
M # CITY BLT &
MEDIANS City BLT & Medians
Exhibit A-2
DocuSign Envelope ID: 4B0BE629-04C8-46DA-8CDD-7D94E150366B

EXHIBIT A
133
Weekly Twice a
Month Monthly
Square
Footage
approx.

A Service B Service C Service
M # CITY BLT &
MEDIANS City BLT & Medians
M19 M-Kitty Hawk Medians at Airway Blvd
&580 31,500 $282.56 $218.99 $127.15
M20 M-Murdell BLT on Murdell 3,000 $75.06 $58.17 $33.77 M21 M-Murrieta Medians & BLT on
Murrieta Bld. 174,730 $1,848.80 $1,432.82 $831.96
M22 M-Neptune Median On Neptune $35.32 $27.37 $15.89
M23 M-N. Livermore
Medians & BLT on
N.Livermore 580 to
Railroad
81,280 $637.97 $494.43 $287.09
M25 M-Olivina Eucalyptus trees in
Medians 2,250 $41.95 $32.51 $18.88
M26 M-Ontario BLT on Ontario Dr. 1,150 $29.80 $23.09 $13.41 M27 M-Paris Medians on Paris Way 350 $24.29 $18.82 $10.93 M28 M-Pine Trees in sidewalk on Pine
St. 180 $24.29 $18.82 $10.93
M30 M-P Street P Street Underpass 42,245 $338.85 $262.61 $152.48 M31 M-Railroad Medians & BLT on
Railroad Ave. 16,780 $288.08 $223.26 $129.64
M32 M-Rincon BLT on Rincon 500 $36.42 $28.22 $16.39
M33 M-Rodeo BLT on Rodeo Ln. 1,500 $39.73 $30.79 $17.88 M34
M-Triad MediansMedians along Triad 45,000 $565.12 $437.97 $254.31 M35 M-Scott Triangle at Scott St. 4,000 $43.05 $33.36 $19.37 M36 M-Stanley Medians & BLT on
Stanley Blvd. 62,000 $716.34 $555.16 $322.35
M39 M-Vega Medians on Vega at
Concannon Blvd. 150 $40.83 $31.64 $18.38
M40 M-Wall BLT on Wall St (Boothill) 20,000 $242.83 $188.19 $109.27 M41 M-Isabel Open space at Isabel
Ave. 2,369,664 $4,098.38 $3,176.24 $1,844.27
Exhibit A-2
DocuSign Envelope ID: 4B0BE629-04C8-46DA-8CDD-7D94E150366B

EXHIBIT A
134
Weekly Twice a
Month Monthly
Square
Footage
approx.

A Service B Service C Service
M # CITY BLT &
MEDIANS City BLT & Medians
M42 M- Altamont
Creek
Channel @ Altamont
Creek 313,632 $515.00 $399.13 $231.75
M43 M-Bluebell Medians on Bluebell 1,200 $49.67 $38.49 $22.35 M44 M-Brisa Medians on Brisa 8,048 $333.13 $258.18 $149.91 M45 M-Dalton BLT on Dalton 2,677 $68.43 $53.03 $30.80
M46 M-Dana Median at Dana Cr. and
Mines Rd. BLT both sides 1,500 $73.95 $57.32 $33.28
M47 M-East Medians & BLT on East
Ave. (City Only) 45,000 $524.29 $406.32 $235.93
M48 M-Greenville Medians on Greenville @
National (only City) 23,545 $339.95 $263.46 $152.98
M49 M-Hercules BLT at end of Hercules Ct 2,250 $56.29 $43.63 $25.33 M50 M-Los Flores Medians on Los Flores 9,000 $204.19 $158.25 $91.89 M51 M-Las Positas
Medians on Las Positas
(Vasco to N Livermore
Ave)
70,000 $838.85 $650.12 $377.48
Medians & BLT
on Mines Rd. (city only)
M53 M-Spring Medians & BLT on
Springtown Blvd. 59,000 $500.00 $387.51 $225.00
M54 M-Sunflower BLT on Sunflower $211.15 $163.65 $95.02 M55 M-Vasco
Medians & BLT on Vasco
Rd.(City Only) North And
South
134,728 $1,547.47 $1,199.29 $696.36
M56 M-Mitra Medians on Mitra at East
Ave. 960 $48.56 $37.64 $21.86
M57 M-Northfront Medians & BLT on N
Front $49.67 $38.49 $22.35
M58 M-Patter
Medians & Blt On
Patterson Pass Greenville
to Mines Rd
210,871 $2,711.94 $2,101.75 $1,220.37
M59 M-Pavo BLT at end of Pavo Ct. 2,250 $40.83 $31.64 $18.38 M52 M-Mines 350,000 $5,038.67 $3,904.97 $2,267.40
Exhibit A-2
DocuSign Envelope ID: 4B0BE629-04C8-46DA-8CDD-7D94E150366B

EXHIBIT A
135
Weekly Twice a
Month Monthly
Square
Footage
approx.

A Service B Service C Service
M # CITY BLT &
MEDIANS City BLT & Medians
M60 M-Portol Medians & BLT on Portola
Ave.(First to Airway Blvd) $782.56 $606.48 $352.16
M61 M-Southfront Sidewalk on Southfront. $36.42 $28.22 $16.39 M62 Fire Station 6 East Ave Fire Station 8,147 $131.35 $101.79 $59.11 M63 Fire Station 7 Rincon Fire Station 13,901 $183.23 $142.01 $82.45 M64 Fire Station 8 Scenic Ave 10,443 $141.29 $109.49 $63.57 M65 Fire Station 9 Cordoba Fire Station 7,286 $109.27 $84.69 $49.17 M66 Fire Station 10 Air way Fire Station 14,226 $200.88 $155.68 $90.39 M67 B Springtown
Library Springtown Library 9,800 $125.84 $97.52 $56.63
M68 N Fpump
house North Front Pump House 5,100 $45.32
M69 Oakville Lane
pump house Oakville Pump House $24.72
M70 WT Dalton Landscape Dalton tanks $82.40
M71 WT Dolan Landscape Dolan tanks $119.48
M72 WT Greenville Landscape Greenville
tanks $85.49
M73 Rincon Library
landscape $289.43
M79 Airway
Business $535.60
M80 Downtown
Parking Garage
Parking garage litter
pickup, wash elevator
floors, and empty trash.
$816.00
M81 L St to M St
Streetscape
Pruning, Cleaning, Litter
collection $912.00
BLT & Medians Total $32,917.57 $23,532.49 $14,012.19
Exhibit A-2
DocuSign Envelope ID: 4B0BE629-04C8-46DA-8CDD-7D94E150366B

EXHIBIT A
136
Hourly Extra Work HOURLY
Per Hour Cost for As-Needed Work 49.44$
Terracare Associates - Pricing Schedule
Exhibit A-2
DocuSign Envelope ID: 4B0BE629-04C8-46DA-8CDD-7D94E150366B

EXHIBIT A
137
TMO # Turf Maintenance Only Names
Square Footage
approx. Weekly Service
TMO1 NW corner of First Street and Livermore Ave. DT-Parks Lizzie 146.78$ TMO2 North side of First Street at McLeod Street DT-Parks Bankhead 211.15$ TMO3 First Street @ East Stanley Blvd. DT-Parks Hansen 309.00$ TMO4 SE corner of First Street and Livermore Ave. DT-Parks Livermorium 175.10$ TMO5 Veterans Way @ Livermore Ave. DT-Parks Stockmen's 152.44$ TMO6 North side of Railroad Avenue 275' east of East Stanley Blvd. DT-Parks Brickyard 412.00$
TMO7

1. SW corner of Lexington Way and Holmes Street 2.

NW corner of Lexington Way Holmes Street 3. Turf along
west side of Sienna Drive 4. Turf on Capella Rd. 5. Turf on San Marco Street
Kristopher Ranch 265.12$
TMO8

1. Turf on Minerva Ct. 2. Turf on median at end of
Pendolino 3. Turf on Leccino Ct. median 4. Turf on
Sevillano Ct. median 5. Turf on median at east end of
Sevillano Circle
Sevillano 270.53$
TMO9 1. Park on Hansen at Derby Ct. 2. Turf on median
Hansen Rd and Daniella Ln Ponderosa Legacy 324.64$
TMO10

1. Park on Taling Dr @ Santorina Dr 2. Median on Lerida Ct. 3. Park located on west side of bike trail 350 ft. south of Hansen Rd.

Los Olivos 703.38$
TMO11 Park at Kobio Street and Codiroli Way Alden Lane Estates 129.85$ TMO12 1. Park at Detert Street and Cowan Way 2. Park on Cowan Way 3. Median on Detert Ct. Ladera Estates 418.32$ TMO13 1. Park on Oakville and Cowan Way 2. Median on
Calistoga Ct. 3. Median on St. Helena Ct. Vineyard Gates 1 838.65$ TMO14 1. Median on Rutherford Ct. 2. Median on Bella Oaks Ct. Vineyard Gates 2 162.32$ TMO15

1. Turf area on east side of Sonia St. @ Mines Rd. 2.

Park on Sonia Street @ Figone Way 3. Park between
Sonia Street and Wexler Way 4. Turf west side of Sonia
Way 475 ft west of Snider Ct.

The Grove 909.62$
TMO16

1. Turf on NW side of First Street 1000 ft SW of Portola Ave. 2. Turf on south side of Portola Ave. 1200 ft. west of First Street
Ridgecrest 248.89$
TMO17 Park on NW side of Edinburgh Ave. Portola Glen 757.48$ TMO18
Turf on south side of Garaventa Ranch Rd. between
Altamar Way and Owl Way. Turf on north side of
Garaventa Ranch Rd. between Water Lilly Common and
Hawk Street
Maralisa 335.78$
Terracare Associates - Pricing Schedule
Exhibit A-2
DocuSign Envelope ID: 4B0BE629-04C8-46DA-8CDD-7D94E150366B

EXHIBIT A
138
TMO19 Both sides of Parkside Court at Bluebell Drive Parkside 194.78$ TMO20 1. Turf on west side of Herman Ave. north and south of Rubicon Way 2. Turf at end of Almaden Court Creekside 205.60$ TMO21 1. Park on Village Drive @ Meadow Drive 2. Turf on both sides of Brookdale Lane at Scenic Ave. California Promenade 595.16$ TMO22 1. Turf on both sides of Lake Drive @ Laughlin Road 2.

Turf on south side of Bluffs Drive @ Laughlin Road The Bluffs 124.44$ Turf Maintenance MONTHLY Price Total 0 7,891.04$
Turf Maintenance ANNUAL Price Total 94,692$
Exhibit A-2
DocuSign Envelope ID: 4B0BE629-04C8-46DA-8CDD-7D94E150366B

EXHIBIT A
139
WA # WEED ABTAEMENT ONLY Square Footage
approx. ANNUALLY
WA1 WA-Meadows The Meadows 1,114.77$
WA2 WA-Saddleback Saddleback 3,425.59$
WA3 WA-Altamont Creek Altamont Creek 4,064.27$
WA4 WA-Oaks Business Oaks Business Park 2,258.56$
WA5 WA-Altamont Creek OS Altamont Creek Open
Space 2,786.92$
WA6 WA-Ace Train Ace Train Parking Lot 870.92$
WA7 WA-Holmes Holmes Street near
Wetmore 928.98$
Weed Abatement ANNUAL Price Total 15,450.01$
Terracare Associates - Pricing Schedule
Exhibit A-2
DocuSign Envelope ID: 4B0BE629-04C8-46DA-8CDD-7D94E150366B

EXHIBIT A
140

CITY COUNCIL STAFF REPORT
ITEM NO. 5.11

DATE:

June 10, 2024
TO:

Honorable Mayor and City Council
FROM:

Judy Erlandson, Acting Public Works Director
SUBJECT:

Resolution authorizing the execution of an agreement with West Coast Arborists, Inc. for tree and shrub maintenance and removal services in an amount not-to-exceed $1,800,000 for a three-year term ending May 31, 2027.

RECOMMENDED ACTION

SUMMARY
The City currently uses a landscape maintenance company to assist with tree and shrub maintenance and removal services on an as needed basis. City-wide tree maintenance is needed to ensure City trees remain healthy and do not pose a safety risk to the City. A complete cycle of proactive tree management and maintenance takes approximately seven years.

West Coast Arborists, Inc. (WCA) has an active agreement with the City of Tracy that includes a provision for cooperative purchasing to allow WCA to offer other city affiliates the same services on substantially the same terms and conditions at the same rate schedule.

DISCUSSION
The Maintenance Division of the Public Works Department is tasked with maintaining City owned landscape areas, as well as over 90 landscape maintenance districts. This includes the pruning and maintenance of the trees and shrubs in these areas. Proper tree maintenance preserves the health and vitality of the City’s urban forest which improves air quality and reduces energy consumption.

The proposed agreement with WCA includes services needed to maintain the City’s urban forest.

Proactive grid pruning of the City's urban forest is being initiated to align with the City's Asset Management best practices. Much of the pruning required for the health of the trees as well as the safety 141
of the community necessitates use of specialized equipment such as aerial lifts that can reach greater heights than those operated by City staff. Some tasks may also require specialized training like tree climbing that City staff cannot perform. Additionally, the amount of tree and shrub pruning and maintenance is beyond the capacity of the current staffing level within the Landscape Section of the Maintenance Division and requires additional support to complete the tasks. The estimated yearly cost was calculated utilizing projections of the amount of each type of task that would be requested during the first year and the associated fixed rate costs such as traffic control.

Livermore Municipal Code Section 2.68.370 allows for an exemption to the quotation and bidding requirements if such purchases are based on an agreement or cooperative purchasing program entered into by any public agency. In such cases, the supplies and services subject to the agreement or program and the underlying purchase must have been made using a quotation or bid procedure at least as restrictive as the City’s. The process utilized in this cooperative agreement meets the requirements of the Livermore Municipal Code.

FISCAL AND ADMINISTRATIVE IMPACTS

The total cost is $600,000 per year for a total not-to-exceed of $1,800,000 for a three year-term. The funding is currently budgeted in the Landscape Maintenance Section and the Landscape Maintenance Districts 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. Cooperative Purchasing Contract

2. Resolution

3. Exhibit A - Agreement

Prepared by: Marisa Gan
Acting Public Works Manager

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
142
DocuSign Envelope ID: OAA2832C- 13FA- 4401- 95D9- 6BA96BO8027F City of Tracy -- Professional Services Agreement with WEST COAST ARBORIST, INC

CITY OF TRACY

PROFESSIONAL SERVICES AGREEMENT WITH
West Coast Arborist Inc for 2023- 2024 Tree Maintenance Program This Professional Services Agreement ( Agreement) is entered into between the City of Tracy, a municipal corporation ( City), and West Coast Arborist, Inc., a California Corporation ( Contractor). City and Contractor are referred to individually as "Party" and collectively as "Parties." Recitals
A. City desires to retain a Contractor to provide Citywide tree services for the trimming, removal, replanting of the City's 47,283 tree sites, and to carry out the services set forth in Exhibit A, which is attached hereto and incorporated herein by this reference ( as further defined elsewhere in this Agreement, Services or Project); and
B. Per TMC Section 2. 20. 140, on April 5, 2023, the City issued a Request for Proposals ( RFP) for the City' s 2023- 2024 Tree Maintenance Program ( Project). On May 11, 2023, the Contractor was the only proposal submitted for the Project to the City. City has determined that the Contractor demonstrated the competence and professional qualifications necessary for the satisfactory performance of the required services and possesses the skills, experience and certification required to provide the services.

C. After negotiations between the City and Contractor, the Parties have reached an agreement for the performance of services in accordance with the terms set forth in this Agreement.

D. This Agreement is being executed pursuant to Resolution No. 2-6123 - l04), which was adopted by the City of Tracy' s City Council on A3&845i" 15 2023.

Now therefore, the Parties mutually agree as follows:

1. Scope of Work. Upon request from the City, Contractor shall timely perform the Services, including those described in Exhibit " A". The services shall be performed by, or under the direct supervision of, Contractor' s Authorized Representative: Tim Patterson, Area Manager. Contractor shall not replace its Authorized Representative, Contractor shall Contractor use or replace any subcontractor or subconsultant, without City' s prior written consent. The City may terminate this Agreement if Consultant makes any such change or replacement or uses any such subcontractor or subconsultant.

2. Time of Performance. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Any Services for which times for performance are not specified in this Agreement shall be started and completed by Contractor in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Contractor.

Contractor shall submit all requests for time extensions to the City in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. City may grant or deny such requests in its sole and absolute discretion.

2. 1 Term. The term of this Agreement shall begin on August 16, 2023, and end on July 31, 2025, unless terminated in accordance with Section 6.

2. 1.A OPTION TO EXTEND: This Agreement may be extended for up to an additional five years, in any combination of length, by the City Manager following a written determination that Contractor has satisfactorily met all the requirements of this Agreement.

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DocuSign Envelope ID: OAA2832C- 13FA- 4401- 95D9- 6BA96BO8027F CityofTracy —ProfessionalServicesAgreementwithWESTCOASTARBORIST, INC

3. Compensation. CityshallpayContractoron a time and expensebasis, at the billingratesset forth in Exhibit "B," attached and incorporated by reference for services performed under this Agreement.

3. 1 Not to Exceed Amount. Contractor's total compensation under this Agreement shall not exceed $2,587,176.00. Contractor's billingratesshallcoverall costsandexpensesfor Contractor's performance of this Agreement. It is understood and agreed that Consultant may not receive compensationuptothisamount, andConsultant's totalcompensationunderthisAgreementwill depend on the scope of the Services approved by the City. Starting on Aug 1, 2025, and on each successiveAug1duringthetermofthisAgreement, thebillingratessetforthinExhibitBmaybe increased upon Contractor request, and approved by the City, by the lesser of ( i) 6% or ( ii) the percentagechangein the U.S. Bureauof LaborandStatisticsCPIincreasefor San Francisco -Oakland - Hayward, All Itemsbetweenthe Juneof the immediatelyprecedingyearandJunein theyearinwhich the increase is to be effective.

NoworkshallbeperformedbyContractorinexcessofthetotalcompensationamountprovidedinthis sectionwithouttheCity's priorwrittenapproval. Notwithstandingtheforegoingprovision, thepayment ofanyfundsunderthisAgreementshallbesubjecttotheCityofTracy'sappropriationoffundsforthe Services. This Agreement shall terminate in the event that such funds are not appropriated.

3. 2 Invoices. Contractor shall submit monthly invoice( s) to the City that describe the servicesperformed, includinglocations, zone, times, dates, andnamesofpersonsperformingthe services.

3. 2. 1 Contractor' s failure to submit invoice( s) in accordance with these requirements mayresultintheCityrejectingsaidinvoice(s) andtherebydelayingpaymentto Contractor.

3. 3 Payment. Within 30 days after the City's receipt of invoice(s), City shall make payment to the Contractor based upon the services described on the invoice(s) and approved by the City.

3. 4 The acceptanceby Consultantof the final paymentmadeunderthisAgreementshall constitutea releaseofCityfromallclaimsandliabilitiesforcompensationto Consultantforanything completed, finishedorrelatingto Consultant's services. ConsultantagreesthatpaymentbyCityshall not constitute nor be deemed a release of the responsibility and liability of Consultant or its employees, subcontractors, agents and subconsultants for the accuracy and competency of the information providedand/or servicesperformedhereunder, nor shallsuchpaymentbedeemedto bean assumptionof responsibilityorliabilitybyCityforanydefectorerrorintheServicesperformedby Consultant, its employees, subcontractors, agents and subconsultants.

3. 5 Consultant agrees to maintain books, accounts, payroll records and other information relatingtotheperformanceofConsultant's obligationsundertheAgreement, whichshalladequately andcorrectlyreflecttheexpensesincurredbytheConsultantintheperformanceofConsultant'swork underthe Agreement. Suchbooksand recordsshallbe opento inspectionand auditbythe Cityduring regular business hours for three years after expiration or termination of this Agreement.

4. Indemnification. Contractor shall, to the fullest extent permitted by law, indemnify, defend with independentcounselapprovedbythe City), and holdharmlessthe Cityfromand againstany claimsarisingoutof Contractor's performanceorfailureto complywithobligationsunderthis Agreement, excepttotheextentcausedbythesole, activenegligenceorwillfulmisconductoftheCity.

Inthe eventthereis a findingand/or determinationthat Consultantis notan independentcontractor and/or is an employeeof City, includingbut notlimitedto any suchfindingand/or determinationmade bytheCaliforniaPublicEmployees' RetirementSystem (CaIPERS), theDepartmentofIndustrial

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DocuSign Envelope ID: OAA2832C- 13FA- 4401- 95D9- 6BA96BO8027F Cityof Tracy —ProfessionalServicesAgreementwith WESTCOASTARBORIST, INC Relations ( DIR), or the Internal Revenue Service ( IRS), Consultant shall, to the fullest extent permitted bylaw, indemnify, defend, andholdharmlesstheCityfromandagainstanyallclaimsrelatingto orin connection with such a finding and/ or determination.

In this section, " City" means the City, its officials, officers, agents, employees and volunteers; Contractor" means the Contractor, its employees, agents and subcontractors; " Claims" includes claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all relatedcostsand expenses) and anyallegationsof these; and "Arisingoutof includes "pertaining to" and " relating to".

Thedutyof a "designprofessional" to indemnifyand defendthe City is limitedto claimsthat ariseout of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, under Civ. Code § 2782. 8.)
ConsultantandCitymutuallywaiveconsequentialdamagesforclaims, disputes, orothermattersin question, arisingoutof or relatingto thisAgreement. This mutualwaiveris applicable, without limitation, to all consequential damages due to either party's termination of this Agreement.

The provisions of this section survive completion of the services or the termination of this Agreement, and arenot limitedbythe provisionsof Section5 relatingto insurance.

5. Insurance. Contractor shall, throughout the duration of this Agreement, maintain insurance to cover Contractor, its agents, representatives, and employees in connection with the performance of services under this Agreement at the minimum levels set forth herein.

5. 1 Commercial General Liability (with coverageat leastas broadas ISOform CG00 01 01 96) " per occurrence" coverage shall be maintained in an amount not less than $4,000, 000general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.

5. 2 Automobile Liability (with coverageat leastas broadas ISOform CA00 01 07 97, for any auto") " claims made" coverage shall be maintained in an amount not less than $1,000,000 per accident for bodily injury and property damage.

5. 3 Workers' Compensation coverage shall be maintained as required by the State of California.

5. 4 Professional Liability "claimsmade" coverageshallbe maintainedto coverdamages thatmaybetheresultoferrors, omissions, ornegligentactsof Contractorinanamountnotlessthan 1, 000, 000 per claim.

5. 5 Endorsements. Contractor shall obtain endorsements to the automobile and commercial general liability insurance policies with the following provisions:

5. 5. 1 The City ( including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional " insured."

5. 5. 2 ForanyclaimsrelatedtothisAgreement, Contractor's coverageshallbeprimary insurancewith respectto the City. Any insurancemaintainedbythe Cityshallbe excessof the Contractor' s insurance and shall not contribute with it.

5. 6 Notice of Cancellation. Contractorshall notifythe Cityif the policyis canceledbefore the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. Contractor shall immediately obtain a replacement policy.

5. 7 Authorized Insurers. All insurance companies providing coverage to Contractor shall be insuranceorganizationsauthorizedby the InsuranceCommissionerof the Stateof Californiato transact the business of insurance in the State of California.

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DocuSign Envelope ID: OAA2832C-13FA-4401- 95D9-6BA96BO8027F CityofTracy -- ProfessionalServicesAgreementwithWESTCOASTARBORIST, INC

5. 8 Insurance Certificate. Contractor shall provide evidence of compliance with the insurancerequirementslistedabovebyprovidinga certificateofinsuranceandendorsements, ina formsatisfactoryto the City, beforethe Citysignsthis Agreement.

5. 9 Substitute Certificates. Contractor shall provide a substitute certificate of insurance no laterthan30dayspriortothepolicyexpirationdateof anyinsurancepolicyrequiredbythisAgreement.

5. 10 Contractor' s Obligation. Maintenanceof insuranceby the Contractoras specifiedin thisAgreementshallin noway be interpretedas relievingthe Contractorof anyresponsibility whatsoever (includingindemnityobligationsunderthisAgreement), andtheContractormaycarry, atits own expense, such additional insurance as it deems necessary. Failure to provide or maintain any insurancepoliciesor endorsementsrequiredhereinmayresultin the CityterminatingthisAgreement.

6. Termination. TheCitymayterminatethisAgreementinitssoleandabsolutediscretionby givingten (10) days' writtennoticetoContractor. Withinfive (5) daysofsuchatermination, Contractor shallgivethe Cityall originaldocumentsrelatingto the Servicesin Consultant's possessionor control, including, withoutlimitation, preliminarydraftsandsupportingdocuments, andanyotherdocuments preparedbyConsultantpursuantto thisAgreement. TheCityshallpayContractorforallservices satisfactorilyperformedinaccordancewiththisAgreement, uptothedatenoticeisgiven.

7. DisputeResolution. IfanydisputearisesbetweentheCityandContractorthatcannotbe settledafterengagingingoodfaithnegotiations, CityandContractoragreeto resolvethedisputein accordance with the following:

7. 1 EachPartyshalldesignatea seniormanagementorexecutivelevelrepresentativeto negotiate the dispute;

7. 2 The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

7. 3 If the issueremainsunresolvedafterfifteen (15) daysof goodfaith negotiations, the Partiesshallattemptto resolvethe disagreementby negotiationsbetweenlegalcounsel. If the aforementionedprocessfails, the Partiesshall resolveany remainingdisputesthroughmediationto expedite the resolution of the dispute.

7. 4 The mediationprocessshallprovidefor the selectionwithinfifteen (15) daysby both Partiesofa disinterestedthirdpersonto serveasthemediator, shallbecommencedwithinthirty (30) daysof selectionof a mediator, and shallbeconcludedwithinfifteen (15) daysfromthe commencement of the mediation.

7. 5 The Partiesshallequallybearthe costsof anythird partymediatorin anyalternative dispute resolution process.

7. 6 The disputeresolutionprocessis a materialconditionto thisAgreementand mustbe exhaustedpriorto eitherPartyinitiatinglegalaction. Thisdisputeresolutionprocessisnotintendedto norshall be construedto changethetime periodsfor filing a claimor actionspecifiedby Government Code §§ 900 et seq.

8. Ownership of Work. All originaldocumentspreparedby Contractorfor this Agreement, whethercompleteor in progress, are the propertyof the City, andshallbe givento the Cityat the completionof Contractor's Services, uponterminationof thisAgreement, or upondemandfromthe City. NosuchdocumentsshallberevealedormadeavailablebyContractortoanythirdpartywithout the City' s prior written consent.

9. Independent Contractor Status. Contractor is an independent contractor and is solely responsible for the acts of its employees or agents, including any negligent acts or omissions.

ContractorisnotCity's employeeandContractorshallhavenoauthority, expressorimplied, toacton behalfoftheCityasanagent, orto bindtheCityto anyobligation, unlesstheCityprovidespriorwritten authorization. Contractorisfreeto workfor otherentitieswhile undercontractwiththe City.

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DocuSign Envelope ID: OAA2832C- 13FA- 4401- 95D9- 6BA96BO8027F Cityof Tracy --ProfessionalServicesAgreementwith WESTCOASTARBORIST, INC Contractor, and its agents or employees, are not entitled to City benefits. Consultant shall be solely responsible for, and shall save the City harmless from, all matters relating to the payment of Consultant' s employees, agents, subcontractors and subconsultants, including compliance with social security requirements, federal and State income tax withholding and all other regulations governing employer- employee relations.

9. 1 Non - Exclusive Professional Services Agreement. The City reserves the right to contract with other firms and/or consultants during the term of this Agreement to provide the City the same or similar services that Consultant is providing to the City under this Agreement. Nothing contained in this Agreement guarantees Consultant a certain amount of work, and the City may, in its sole and absolute discretion, allocate and/ or delegate work to Consultant so as to satisfy the City' s needs.

10. Conflicts of Interest. Contractor ( including its employees, agents, and subcontractors) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. If Contractor maintains or acquires such a conflicting interest, the City may terminate any contract (including this Agreement) involving Contractor's conflicting interest.

11. Rebates Kickbacks or Other Unlawful Consideration. Contractor warrants that this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration eitherpromisedor paidto anyCityofficialor employee. Forany breachofthis warranty, Cityshall have the right, in its sole discretion, to terminate this Agreement without liability; to pay only for the value of the work actually performed; to deduct from the contract price the value of the rebate, kickback, or other unlawful consideration; or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

12. Notices. All notices, demands, or other communications which this Agreement contemplates or authorizesshallbe inwritingandshallbe personallydeliveredor mailedto the other partyto the addresses listed below. Communications shall be deemed to have been given and received on the first to occur of: ( 1) actual receipt at the address designated below, or ( 2) three working days after the deposit in the United States Mail of registered or certified mail, sent to the address designated below.

To City:

City of Tracy
Office of Director for Operations & Utilities
520 S. Tracy Blvd
Tracy, CA 95376
Publicworks@cityoftracy. org
With a copy to:

City Attorney
333 Civic Center Plaza
Tracy, CA 95376

13. Miscellaneous.

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To Contractor:

Victor M. Gonzales
West Coast Arborist, Inc.
2200 East Via Burton Street
Anaheim, CA 92806
ATTACHMENT 1
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DocuSign Envelope ID: OAA2832C- 13FA- 4401- 95D9- 6BA96BO8027F Cityof Tracy -- ProfessionalServicesAgreementwith WESTCOASTARBORIST, INC

13. 1 Standard of Care. Unless otherwise specified in this Agreement, the standard of care applicable to Contractor's services will be the degree of skill and diligence ordinarily used by reputable professionalsperforminginthe sameor similartimeand locality, and underthe sameor similar circumstances.

13. 2 Amendments. This Agreementmaynot be modifiedorallyor inany mannerotherthan by an agreement in writing signed by both Parties.

13. 3 Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuingwaiverorawaiverofa subsequentbreachofthesameoranyotherprovisionofthis Agreement. No waiver shall be effective unless it is in writing and signed by the waiving party.

13. 4 Assignment and Delegation. Contractor may not assign, transfer or delegate this AgreementoranyportionofitwithouttheCity's priorwrittenconsent. Anyattemptto dosowillbevoid.

City's consentto oneassignment, transferordelegationshallnotbedeemedto bea consenttoany subsequent assignment, transfer or delegation.

13. 5 Jurisdiction and Venue. The interpretation, validity, and enforcement of the Agreementshallbe governedby and construedunderthe lawsof the Stateof California. Anysuit, claim, or legalproceedingof anykindrelatedto thisAgreementshallbefiledand heardin a courtof competent jurisdiction in the County of San Joaquin.

13. 6 Compliance with the Law. Contractor shall comply with all applicable local, state, and federal laws, whether or not those laws are expressly stated in this Agreement.

13.6.1 Prevailing Wage Laws. Contractoris awareof the requirementsof California LaborCodeSection1720, et seq., and 1770, et seq., as wellas CaliforniaCodeof Regulations, Title 8, Section 16000, et seq., (" Prevailing Wage Laws"), which require the payment of prevailing wage rates; employment of apprentices (§ 1777. 5), certified payroll records (§ 1776), hours of labor (§ 1813 and 1815), debarment of contractors and subcontractors (§ 1777. 1) and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed under this Agreement are part of a "public works" or "maintenance" project, as defined in the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such PrevailingWageLaws. Theseprevailingratesareon file withthe Cityand are availableonlineat http://www.dir.ca.gov/DLSR. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents, harmless from any and all claims, costs, penalties, or interests arising out of anyfailureor allegedfailureto complywith the PrevailingWageLaws.

13. 6. 2 Non- discrimination. Contractor represents and warrants that it is an equal opportunityemployerandit shallnotdiscriminateagainstanysubContractor, employeeorapplicantfor employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Contractor shallalsocomplywithallapplicableanti -discriminationfederalandstatelaws, includingbutnotlimited to, the California Fair Employment and Housing Act (Gov. Code 12990 (a -f) et seq.).

13. 7 Business Entity Status. Contractoris responsiblefor filingall requireddocuments and/or formswiththe CaliforniaSecretaryof Stateand meetingall requirementsof the FranchiseTax Board, to the extent such requirements apply to Contractor. By entering into this Agreement, Contractorrepresentsthatit is nota suspendedentityandthat it is in goodstanding. If Contractoris suspended corporation at the time it enters this Agreement, City may take steps to have this Agreement declared voidable.

13. 8 Business License. Before the City signs this Agreement, Contractor shall obtain a City ofTracyBusinessLicense. ContractorshallmaintainanactiveCityofTracyBusinessLicenseduring the term of this Agreement.

13. 9 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.

13.10 Construction of Agreement. EachPartyheretohashadan equivalentopportunityto participatein the draftingof this Agreementand/or to consultwith legalcounsel. Therefore, the usual construction of an agreement against the drafting Party shall not apply hereto.

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DocuSign Envelope ID: OAA2832C- 13FA- 4401- 95D9- 6BA96BO8027F Cityof Tracy — ProfessionalServicesAgreementwith WESTCOASTARBORIST, INC

13. 11 Severability. If a termof this Agreementis heldinvalidby a courtof competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in effect.

13. 12 Controlling Provisions. In the case of any conflict between the terms of this Agreement and the Exhibits hereto, and Contractor's proposal (if any), the Agreement shall control. In thecaseofanyconflictbetweentheExhibitsheretoandtheContractor's proposal (ifany), theExhibits shall control.

13. 13 Entire Agreement. This Agreement and the attached Exhibits comprise the entire integratedunderstandingbetweenthe Partiesconcerningthe servicesto be performed. This Agreement supersedes all prior negotiations, representations or agreements. All exhibits attached hereto are incorporated by reference herein.

13. 14 Counterparts. Cityand Consultantagreethat thisAgreementmay beexecutedintwo or more counterparts, each of which shall be deemed an original.

13. 15 Expenses for Enforcement. Consultant and City agree that the prevailing party' s reasonablecosts, attorneys' fees andexpenses, includinginvestigationfees andexpertwitnessfees, shallbe paidbythe non -prevailingpartyin anydisputeinvolvingthetermsand conditionsof this Agreement.

14. Signatures. The individuals executing this Agreement on behalf of Contractor represent and warrantthatthey havethe right, power, legalcapacityand authorityto enterintoandto executethis Agreement on behalf of Contractor.

SIGNATURES ON FOLLOWING PAGE]

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DocuSign Envelope ID: OAA2832C- 13FA- 4401- 95D9- 6BA96BOB027F Cityof Tracy --ProfessionalServicesAgreementwith WESTCOASTARBORIST, INC The Parties agree to the full performance of the terms set forth here.

City of Tracy
By: "&
Title: MU V
Date: ib 111-202-3
Attes . ,
A anne Richardson, City Clerk
Approved a rm
Bijal
V
atel, City Attorney
Exh ibits:

A Scope of Work
B Compensation
tint Arborist, Inc.

By:
atric ahoney
Title: President
Date: 7/ 18/ 2023 1 9: 32 AMPDT
Federal Employer Tax ID No. 95- 3250682
By: _
Title:

Date:

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DocuSign Envelope ID: OAA2832C- 13FA- 4401- 95D9- 6BA96BO8027F Cityof Tracy -- ProfessionalServicesAgreementwith WESTCOASTARBORIST, INC EXHIBIT A - Scope of Work
1) PROJECT SPECIFICATIONS
i) Contractor shall perform and complete the landscape and/ or tree maintenance work and Services in a thorough and professional manner, and shall provide all labor, tools, equipment, materials, andsuppliesthat are necessaryto completeall the Servicesin a timelymannerto meet the City' s requirements and needs. Contractor may be required to perform and the Services may include, but are not limited to, the following tree maintenance activities at various sites throughout the City:

Tree pruning
Tree removal
Tree planting
Crew rental
Emergency response
Line clearance pruning
Clearance pruning
Grid pruning program
Tree watering
Small tree care
Palm trunk skinning
Palm tree trimming
Palm tree removal
Root pruning
Arborist services/ inspection
Foliar and pesticide treatments
Data entry
GPS tree inventory
ii) Contractor shall process the City's work requests on a City designated online program.

Currently, the City uses "Government Outreach."
iii) Contractor shall use provide access to an Urban Forestry Management tool that allows for work ordertracking, the abilityto send work requestsincluding, but not limitedto, pruning, planting, andremoval, accessto reportsfortreeinventory, thevalueof theurbanforest, job balance and GPS accessibility ( if applicable)

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DocuSign Envelope ID: OAA2832C- 13FA- 4401- 95D9- 6BA96BO8027F Cityof Tracy -- ProfessionalServicesAgreementwith WESTCOASTARBORIST, INC 2) REQUIRED CREDENTIALS
i) Contractor must hold a valid State California C-27 and a C -61/D49 Contractor's License. Both licensesmust be in good standingand must have been in good standingfor the previous seven consecutive years without any official unresolved record of complaints registered or filed with the State Contractor's Licensing Board or California Department of Consumer Affairs.
ii) Contractor must have OSHA certification for aerial equipment to be used throughout the Project.
iii) All of Contractor's agents, contractors, subcontractors, and personnel must be qualified and trained in the tree maintenance industry. This includes, but is not limited to, the staffing of a manager who is an ISA Certified Arborist and fluent in the English language. At all times duringto termof the Agreement, the Contractorshallhaveworkcrewson site that are represented by an English-speaking supervisor or foreman who can receive and carry out instructions given by proper authorities.
iv) Contractor must, at all times during the term of this Agreement, employ personnel that are Certified Crane Operator( s), as recognized by the National Commission for the Certification of Crane Operators ( NCCCO).
v) Contractor will have a Quality Control Plan that includes an effective and efficient means of identifyingandcorrectingproblemsthroughouttheentirescopeofoperations. Contractorwill be requiredto complywith this qualitycontrolthroughoutthe term of the Agreement.

Contractor must have a current Safety Manual that meets SB 198 requirements for injury and illness prevention.
3) PRUNING PROGRAM
a) Annual Grid Trim
i) Contractorshall carry out and completetree pruningin all pre -designeddistricts, grids, or pruneroutesestablishedbythe Cityon a setcycleestablishedbythe Cityto includeall trees.

Pruningwill includestructuralpruning, crownraising, clearancetrimming, andcrowncleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards ( Best Management Practices), the ANSI A300 Standards, and the Section 9 - Standards. Treesin channelwaywill be includedinthe gridtrim list. All treecanopieswill have a minimum vertical clearance of fourteen feet (14') from the street and ten feet ( 10') over the sidewalk. Contractor will also maintain two feet ( 2') minimum clearance around streetlights. ii) Contractor will be required to furnish all supervision, labor, equipment and materials necessaryto accomplishtheworkin accordancewiththe Agreement.

Projects that are difficult to access and require special equipment ( e. g., a 75 - foot tower) will fall under Crew Rental rate. The City must prior written approval for any jobs that will require a Crew Rental rate.
4) INSPECTION OF HAZARDOUS CONDITIONS
i) AllCitytreeswillreceiveroutinemaintenanceandperiodicinspectionsbyeitherCitystaffand the Contractor. The Contractor will have an ISA Certified Arborist on site for a regularly scheduled minimum of eight hours per month. Contractor shall report to the City tree problems

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DocuSign Envelope ID: OAA2832C- 13FA- 4401- 95D9- 6BA96BO8027F Cityof Tracy -- ProfessionalServicesAgreementwithWESTCOASTARBORIST, INC thatareclearlyvisiblebytheinspection, butnotconsideredhazardousbyISAstandardswill be reported to the City for direction and/or further evaluation. Also, the crew performing maintenance must properly notify the City of any tree -related problems that are clearly visible inwritingbyemailto City's designatesupervisor. Thisshallbeinwrittenformregardlessof whether the problem is considered hazardous and shall occur within 24 hours if deemed hazardous. Contractor shall immediately upon discovery take action to correct tree problems priorto reachingcrisislevelsand to correctany hazardsbeforeinjuryor damageto property occurs.
5) TREE INVENTORY
i) The Contractor will provide the City access to a record-keeping system consisting of an Internet -based software program that allows the City to maintain information about its tree population, includingthe descriptionof eachtree by species, height, diameter, work history, andtree andplantingsite location. Thetree inventorysoftwareprogrammustbe anInternet - driventrackingprogram. Theprogramwillhavethecapabilityto producedetailedlistingsof tree and site information, work histories, service requests, summary reports, and pictures of Citytreespecies. TheContractorwillprovidesoftwaresupportto theCityfortheentireterm of the Agreement.
ii) The Contractor will provide the City with recommendations for tree maintenance, recommendedplantinglocations, andrecommendedremovals. Attributesto becollectedby field personnel may include address, street, facility, species, diameter, crown, height, recommended maintenance, overhead utilities, and parkway size and type. iii) GPS Tree Inventory
1) At the requestofthe City, Contractorshallprovidethe CitywithGlobalPositioningSystem GPS) coordinates for all trees in public spaces. This includes, but is not limited to, all publiclyownedtreeson streetright-of-ways, parks, Cityfacilities, and openspacessuch as medians, greenscapes, etc. The address information contained in the inventory should be linkeddirectlyto a GeographicalInformationSystem (GIS) program, suchas ArcView. 2) TheCitycurrentlyhasaninventory. Contractorisrequiredto keepinventoryupdatedasit trimsassignedtrees. Updatesshouldincludeanyworkhistory, siterecommendation, DBH and height, GPS coordinates, etc.
3) A GPStree inventorymust be maintainedwith a databaseusingthe City's standardized addressingsystemfor all parksandopenspaceareas. Contractorwill be requiredto use and create an ESRI ArcView/ ArcGIS compatible " shape file". The inventory must be capableof showingthe locationof every existingtree site and vacancieson the City's existingGISbasemaps (streets, parcels, addresses, right-of-wayandhardscape, etc.) Minimum accuracy will be not more than one meter. Any proposed system must be compatiblewith, and able to accuratelyand completelyimport, all existing City tree inventory data.
4) Mobile Access — Contractor must be able to provide a mobile application for field use. All dates must reflect live data as it exists in the tree inventory. The functionality of the mobile application shall include the following minimum requirements:

Apple or Android compatible

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DocuSign Envelope ID: OAA2832C- 13FA- 4401- 95D9- 6BA96BO8027F Cityof Tracy —ProfessionalServicesAgreementwith WESTCOASTARBORIST, INC Precise mobility view as user moves through canopied areas Multiple features, including aerial imagery and street name Ability to update and inventory urban forest
Ability to add work history
5) Technical Support and Maintenance
i) The Contractor will provide routine maintenance, archive, backup, restore, and disaster recovery procedures as may be requested by the City. The Contractor will provide complete support rapidly with experienced staff available to the City duringthe hoursof 7:00A.M. to 5:00P.M. MondaythroughFriday. The Contractor mustbereadilyavailablebytelephone, e-mailor mayrespondtothe City's location within a timely manner.
6) PROJECT SPECIAL PROVISIONS
i) At the request of the City, projects may consist of tree pruning, traffic clearance pruning, and palmpruningas specifiedthat maynotbe partof routinemaintenance. All pruningmethods must comply with the International Society of Arboriculture Pruning Standards ( Best Management Practices), the ANSI A300 Standards, and Section 9 - Standards. Quote rates should be based on Crew Rental or other pre - determined rates. 7) DEFINITIONS
i) All capitalized terms used in this Exhibit A, but not defined, shall have the same meaning as ascribed to it elsewhere in the Agreement. Where " as directed," " as required," " as permitted," approve," " acceptance," or words of similar import are used in this Exhibit A, it is understood that the direction, requirement, permission, approval, or acceptance by the City of Tracy is required in writing unless otherwise stated. As used in this Exhibit A, " provide" will be understood to mean " provide complete, in total". The word " site" as used in this Exhibit A shall meanthe locationreceivingtheService. Theuseoftheword "Contractor" willbe heldto mean the Contractorand/or any person employed by the firm or working at the Contractor's direction.
8) WORK QUALITY
i) Alltree pruningmustcomplywith goodarborealpracticesfor the particularspeciesof trees beingtrimmedand mustbe consistentwiththe PruningStandardsand BestManagement Practicesas adoptedbythe InternationalSocietyof Arboriculture. All tree canopieswill have a minimum vertical clearance of fourteen feet ( 14') from the street. Contractor will also maintain two feet ( 2') minimum clearance around street lights. The Contractor will also meet the requirements of the American National Standards, Z133- 1-2006, entitled " Safety Requirements for Arboricultural Operation," published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018. ii) TheCityOperationsSuperintendentor designeewill determine, in its solediscretion, if the Contractorhasmetall pruningrequirementsandpaymentwill not be madefor servicesthat are not in accordance with the standards contained in the Agreement. The Contractor will be deemed in Agreement default, if the Contractor consistently fails to comply with the standards set forth in this Agreement.

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DocuSign Envelope ID: OAA2832C- 13FA- 4401- 95D9- 6BA96BO8027F Cityof Tracy -- ProfessionalServicesAgreementwith WESTCOASTARBORIST, INC 9) STANDARDS
i) Priorto beginningthework, the Contractorwill reviewwith CityOperationsSuperintendent or designee various methods, tools, and work scheduling to be used on the project. Unless otherwise indicated, tree pruning will include, but is not limited to, industry standards. ii) Dailytreepruningoperationswillcommencenoearlierthan7:00A.M. andwillbecompleted eachday no laterthan5:00 P.M., unlessthe Cityprovidesapprovalto commenceearlieror end later.
iii) All debrisresultingfromtree pruningoperationsshallbe removedfromthework siteon a daily basis.
iv) Limbs one inch in diameter or greater must be precut to prevent splitting. When there is a chanceof barktearingat the crotch, removelargelimbswith threecuts. Makethefirst cut on the underside of the branch, one foot to two feet from the crotch. The undercut should be at least one-third of the diameter. Make the second cut one -inch to three inches further from the crotch than the first. The final cut is made at the crotch in a manner to favor the earliestpossiblecoveringof the woundby callusgrowth. Cutsmustnot be madeso large thattheywillpreventsapflow. Allcutbranchesthreeandone-halfinchesorlargerin diametermustbe loweredby properropesto the ground. Anydamagecausedby dropping limbs must be repaired or caused to be repaired by Contractor within three days at the Contractor's expense and to the satisfaction of the City Operations Superintendent or designee. All debris resulting from tree pruning operations must be removed from the work site on a daily basis.
v) Tool Sanitation
1) On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces must be disinfected with a ten percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution must be mixed daily.
vi) Tree Pruning
1) Pruning will include structural pruning, crown raising, and crown cleaning, crown reduction in accordance with the standards set forth by the International Society of ArboriculturePruningStandards (BestManagementPractices) andthe ANSIA300 Standards.
2) Contractormustcomplywith Standardsof CALOSHAandtheAmericanNational Standard Institute, Z133 Safety Requirements.
3) Contractor will endeavor to maintain good public relations at all times. This includes, but is not limited to, conducting work in a manner that will cause the least possible interference and annoyance to the public. Work will be performed by competent employeesand supervisedby an experienced, Englishspeaking, supervisorin tree maintenance operations. The Contractor will be responsible for advance notification to the residents at each work location of the intended tree operations a minimum of 24 hoursif no "NOParking" signsare not needed. The Contractorwill be responsibleto see that privatepropertyandvehiclesat work locationsarenotendangeredor damaged during the course of work.

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DocuSign Envelope ID: OAA2832C- 13FA- 4401- 95D9- 6BA96BO8027F Cityof Tracy -- ProfessionalServicesAgreementwith WESTCOASTARBORIST, INC 4) Contractor will exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Contractor' s personnel or others near the work site, work is to cease immediately and the appropriateutilitycompanynotified. Workwill then commencein accordancewith instructionsfromthe utilitycompany. Inthe eventthat workcausesexcavation, the City or Contractorwill properlymarkthe locationandthe Contractoris responsiblefor appropriate notification of Underground Service Alert ( USANorth811). 5) No hooks, gaffs, spurs or climbers will be used for anything other than removals. 6) Finalpruningcutswill be madewithoutleavingstubs. Cutswill be madein a mannerto promote fast callous growth.
7) Whenpruningfungus, disease, orfireblight -infectedlimbsorfronds, allpruningtools must be cleaned after each cut with the appropriate solution ( e.g. alcohol or bleach). 8) Toppingwill notbedoneunlessspecificallyrequestedby the City in writing. 9) The specific techniques employed will be consistent with industry practice for the size andspeciesof tree beingtrimmed. Thegoalwill be a safe, healthy, clear, balancedand aestheticallypleasingstructurefor the tree. All dead, broken, damaged, diseasedor insect -infested limbs must be removed at the trunk or main branch. All cuts will be made sufficientlyclose, withoutleavinga stub, to the parentstemso that compartmentalization and callousdevelopmentcan readilystartundernormalconditions. All limbstwo inches or greater will be undercut to prevent splitting. The remaining limbs and branches will not be split or broken at the cut. All crossed or rubbing limbs will be removed unless removal will result in large gaps in the general outline of the tree. 10) Cut laterals to preserve the natural form of the tree, leaving the head open enough for the branchingsystemto showandpermittingthe deadmaterialto be easilycleanedout and light to show through the head. Tree foliage will be reduced by at least 15% but no more than 25%.
11) Trim to remove dead wood or weak, diseased, insect -infested, broken, low, or crossing limbs. Brancheswith an extremelynarrow -angleof attachmentshouldnormallybe removed.
12) Smalllimbs, includingsuckersandwaterspouts, will be cutcloseto the trunkor branch from which they arise.
13) Headingcutsand/or toppingwill not beallowedunderanycircumstances. Heading, roundingover, orstubbingwillnotbeanacceptedpracticeforreducingthesizeorthe frameworkof anytree unlessotherwisedirectedin writingbythe CityOperations Superintendent to reduce failure potential.
vii) Pruning for Traffic Clearances
1) Treepruningfortrafficclearancesmustprovideclearancesofatleastfourteen (14) feet and no greater than ( 16) feet above finish grade for moving vehicles within the traveled roadway, forpedestriansonsidewalksinaccordancewithstandardssetforthbythe InternationalSocietyof ArboriculturePruningStandards (BestManagementPractices)

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DocuSign Envelope ID: OAA2832C- 13FA- 4401- 95D9- 6BA96BO8027F Cityof Tracy — ProfessionalServicesAgreementwith WESTCOASTARBORIST, INC and the ANSI A300 Standards under "Pruning to Raise." Clearance trims are performed on a grid system or on a street -by -street basis. Clearances for adjacent structures and their connectingutilitylines (servicedrops), will bedeterminedbythe CityParks, Sports Fields & Trees Superintendent or designee and conform to the following:
a) The minimum clearance under trees within the street right- of-way shall be 14 feet over the traveled road, and ten feet over the curb line and the sidewalk side of the tree. When pruning the bottom branches, care will be given to obtain a balanced appearance when viewed from across the street immediately opposite the tree. b) Cut to laterals to preserve the natural form of the tree. Remove lateral branches at their point of origin or shorten the length of a branch by cutting to a lateral, which is large enough to assume leadership.
c) When cutting back, avoid cutting back to small suckers. Remove smaller limbs and twigs in such a manner as to leave the foliage pattern evenly distributed. viii) Pruning Palm Trees
1) Palmtree pruningwill consistof the removalof loosedeadfronds, fruit clustersand other vegetation from the trunks of all palms in a manner selected by the Contractor and approved by the City Operations Superintendent or designee, and in accordance with the following:
a) Theuseof climbingspursor spikeshoesfor the purposeof climbingpalmtrees is prohibited, unless specifically approved by the City Operations Superintendent or designee. The Contractor will be required to use an aerial tower with sufficient height to reach the crown for the purpose of pruning City Palm trees. b) PalmSkinningwill removedeadfronds, andpartsthereof, includingstubs, can be removed along the entire length of the trunk of each palm, leaving a clean unsheathed appearance slicked from the ground to approximately 24 inches to 36 inches from the base of the green fronds at the top of the tree. The frond stubs (cut close to trunk) can be left in place within a span of at least 18 inches but no greater than 36 inches. This is performed at the request of the City. ix) Service Request Tree Pruning
1) Trees that need service prior to their scheduled grid trim for safety, clearance, or aesthetic purposes must be trimmed within two weeks of notification by the City to the Contractor unless City determines the work to be of a more urgent nature. 2) All trimming should be completed to the guidelines set forth in Section 9 — Specifications. x) Tree Removals
1) Cityprepareslistof treesto be removedor assignswork requests, markstrees, notifies homeowners, and submits the list or work request to the Contractor. 2) Contractor calls Underground Service Alert ( USANorth811) and prepares internal work order. Crew removes tree and hauls all debris. Crew grinds stumps to a depth of 18 inches, includingvisiblesurfacerootsto threefeet fromstump. All holeswill be backfilled with soil, as well as all debris cleaned up and hauled away. 3) Projects that are difficult to access with equipment, or require the need for a crane or an aerial tower over 75 feet would fall under Crew Rental rates. The City Operations

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Livermore City CouncilJune 10, 2024

Livermore City Council
June 10, 2024