Agenda packet — Livermore City Council, June 24, 2024 (part 1 of 7)

CITY COUNCIL
AGENDA
MONDAY, JUNE 24, 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 24, 2024
1 1. CLOSED SESSION - NONE.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation declaring July 28 through August 4, 2024, as Play Ball Week presented to Kathleen Minser, Little League World Series Marketing & Media Director.

Recommendation:

Staff recommends City Council declare July 28 through August 4, 2024, as Play Ball Week.

Staff Report
Attachments:

1. Proclamation

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

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

Comments are limited to a maximum of 3 minutes per person, per item. The Mayor may reduce the amount of time based on the number of persons wishing to speak.

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

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

5. CONSENT CALENDAR
Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker card found at the entrance of the Council Chambers. A speaker is limited to a single comment with a maximum of three minutes for the entire Consent Calendar. If Consent Calendar items are pulled for discussion by the City Council, a speaker will be allowed one comment per item on the items pulled for discussion and a separate comment for the remaining Consent Calendar. The one comment limit applies regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

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 24, 2024
2 5.1 Introduce an ordinance and waive the first reading revising Municipal Code Chapter 2.68, Contracts and Purchasing, to change contract approval authorities, add department head contract and purchasing responsibilities, add solicitation procedures for professional services contracts, and other miscellaneous revisions.

Recommendation:

Staff recommends the City Council introduce an ordinance and waive the first reading revising Municipal Code Chapter 2.68, Contracts and Purchasing, to change contract approval authorities, add department head contract and purchasing responsibilities, add solicitation procedures for professional services contracts, and other miscellaneous revisions.

Staff Report
Attachments:

1. Redlined LMC 2.68

2. Ordinance

3. Exhibit A - LMC 2.68

5.2 Resolution authorizing execution of a first amendment to the agreement with Precision Emprise, LLC, dba Precision Concrete Cutting for on-call concrete cutting services increasing the not-to-exceed contract amount from $500,000 to $1,000,000 and extending the term of the agreement to December 30, 2027.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute the first amendment to the agreement with Precision Emprise, LLC, dba Precision Concrete Cutting for on-call concrete cutting services increasing the not-to-exceed contract amount from $500,000 to $1,000,000 and extending the term of the agreement to December 30, 2027.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - First Amendment

5.3 Resolution authorizing execution of a fourth amendment to the agreement with Watry Buehler Collaborative, LLP increasing the not-to-exceed amount from $1,792,800 to $2,091,800 for additional engineering services during construction associated with the Livermore Village Parking Garage Construction Project 586003.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a fourth amendment to the agreement with Watry Buehler Collaborative, LLP increasing the not-to-exceed amount from $1,792,800 to $2,091,800 for additional engineering services during construction associated with the Livermore Village Parking Garage Construction Project 586003.

Staff Report
Attachments:

1. Site Plan
Livermore City Council Agenda June 24, 2024
3 2. Resolution

3. Exhibit A - Fourth Amendment

5.4 Resolution authorizing the following actions for the Resurfacing and Sidewalk Improvements Project composed of the Street Resurfacing 2022 Project 2022-01, Sidewalk Repair 2023 Project 2023-02, and ADA Access Ramps 2021 Project 2021-07: Reject the Bid Proposal from apparent lowest bidder, Mountain Cascade Inc., finding the bid to be incomplete and nonresponsive, authorize supplemental appropriations in FY 2024-25, and award a construction agreement to A. Teichert & Son, Inc., dba Teichert Construction in an amount of $4,178,975.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the following actions for the Resurfacing and Sidewalk Improvements Project composed of the Street Resurfacing 2022 Project 2022-01, Sidewalk Repair 2023 Project 2023-02, and ADA Access Ramps 2021 Project 2021-07:

1. Reject the Bid Proposal from Mountain Cascade Inc., finding the bid to be incomplete and non-responsive;

2. Authorize a supplemental appropriation of $1,070,000 from Gas Tax - Senate Bill 1 to the FY 2024-25 budget for Street Resurfacing 2022 Project 2022-01;

3. Authorize a supplemental appropriation of $450,000 in Gas Taxes to the FY 2024-25 budget for the ADA Access Ramps 2021 Project 2021-07;

4. Award and authorize execution of a construction agreement with A. Teichert & Son, Inc. dba Teichert Construction in the amount of $4,178,975 for construction of the project pursuant to Livermore Code section 2.68.580 (C); and

5. Reject all other Bid Proposals.

Staff Report
Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Agreement

5.5 Resolution approving Final Tract Map 8657; authorizing execution of a Subdivision Improvement Agreement for the Triad Drive East Development (Amarone); and accepting on behalf of the public all real property offered for dedication within the Final Tract Map 8657 except for the certain easements which City Council reserves the right to accept at a future date.

Recommendation:

Staff recommends the City Council adopt a resolution:

1. Finding that the requirements of the California Environmental Quality Act have been satisfied;

2. Approving Final Tract Map 8657 for recording;

3. Approving and authorizing execution of the Subdivision Improvement Agreement which includes a 12-month extension (24 months in total) to complete the required improvements; and

4. Accepting, on behalf of the public, all real property offered for dedication within Final Livermore City Council Agenda June 24, 2024
4 Tract Map 8657 in conformance with the terms of the offer except for the following, which the Council rejects at this time reserving the right to accept the offer at a future date: Public Utility Easement (P.U.E.), Sanitary Sewer Easement (S.S.E.), Waterline Easement (W.L.E.), Emergency Vehicle Access Easement (E.V.A.E.) and Public Sidewalk Easement (S.W.E.)
Staff Report
Attachments:

1. Vicinity Map

2. Resolution

3. Exhibit A - Final Tract Map 8657

4. Exhibit B - Subdivision Improvement Agreement

5.6 Resolution authorizing execution of an agreement with Holloway Environmental Solutions, LLC for Biosolids Hauling and Disposal Services in an amount not-to-exceed $2,288,790, a term ending June 30, 2027, and an appropriation increase of $103,430 to the Sewer Fund Operating Budget for FY 2024-25.

Recommendation:

Staff recommends that the City Council adopt a resolution authorizing execution of an agreement with Holloway Environmental Solutions, LLC for Biosolids hauling and disposal services in an amount not-to-exceed $2,288,790, a term ending June 30, 2027, and an appropriation increase of $103,430 to the Sewer Fund operating budget for FY 2024-25.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Agreement

5.7 Resolution authorizing the execution of an agreement for services with Kemira Water Solutions, Inc. for the supply and delivery of ferric chloride for use at the Water Reclamation Plant in an amount not-to-exceed $200,000.

Recommendation:

Staff recommends that the City Council adopt a resolution authorizing the execution of an agreement with Kemira Water Solutions, Inc. for the supply and delivery of ferric chloride for use at the Water Reclamation Plant in an amount not-to-exceed $200,000.

Staff Report
Attachments:

1. BACC Award Letter

2. Resolution

3. Exhibit A - Agreement

5.8 Resolution authorizing the execution of an agreement with Gigantic Idea Studio, Inc. to assist with recycling and organics diversion outreach campaign services for the term of July 1, 2024 to June 30, 2026 in the amount not-to-exceed $215,000.

Livermore City Council Agenda June 24, 2024
5 Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Gigantic Idea Studio, Inc. to assist with recycling and organics diversion outreach campaign services for the term of July 1, 2024 to June 30, 2026 in the amount notto-exceed $215,000.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Agreement

5.9 Resolution authorizing a purchase order to Baker & Taylor Books for purchases of library books and related materials in FY 2024-25, in an amount not-to-exceed $240,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing issuance of a purchase order to Baker & Taylor Books for FY 2024-25 purchases of library books and related materials, not-to-exceed $240,000.

Staff Report
Attachments:

1. Resolution

5.10 Resolution authorizing a purchase order to OverDrive for the licensing of e-books, audiobooks, and electronic periodicals, in an amount not-to-exceed $140,000 Recommendation:

Staff recommends the City Council adopt a resolution authorizing issuance of a purchase order to OverDrive for FY 2024-25 licensing of e-Books, audiobooks, and electronic periodicals, in an amount not-to-exceed $140,000.

Staff Report
Attachments:

1. Resolution

5.11 Resolution adopting the Police Tow Service Franchise Fee Schedule.

Recommendation:

Staff recommends the City Council adopt a resolution adopting the Towing Franchise Fee Schedule.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Towing Franchise Fee Schedule

3. Exhibit B - Ordinance 5.44 Police Tow Services Franchises

5.12 Resolution authorizing execution of an agreement with NBS Government Finance Group to provide services in administering the City’s Assessment Districts, Community Facilities Livermore City Council Agenda June 24, 2024
6 Districts, and Continuing Disclosures in an amount not-to-exceed $350,000 for a five-year term.

Recommendation:

Staff recommends that City Council authorize the execution of an agreement with NBS Government Finance Group (NBS) to provide services in administering the City’s Assessment Districts, Community Facilities Districts, and Continuing Disclosures in an amount not-toexceed $350,000 for fiscal years 2024-29.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Agreement

5.13 Resolution amending the City of Livermore Salary Plan dated July 2024 to reflect salary increases for the Livermore Management Group, Livermore Police Management Association, Police Chief, Management Confidential, and Confidential Employees in accordance with California Code of Regulations, Title 2, Section 570.5.

Recommendation:

Staff recommends the City Council adopt a resolution amending the City of Livermore Salary Plan dated July 2024 to reflect salary increases for the Livermore Management Group, Livermore Police Management Association, Police Chief, Management Confidential, and Confidential Employees.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Salary Plan effective July 1, 2024

6. PUBLIC HEARINGS
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).

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

Recommendation:

Staff recommends the City Council adopt a resolution adopting the City's Master Fee Schedule, incorporating certain fee changes and superseding resolution 2023-128.

Staff Report
Attachments:

1. Tables 1-9

2. Resolution
Livermore City Council Agenda June 24, 2024
7 3. Exhibit A - Master Fee Schedule

6.2 Hearing on Police Department Tow Franchise Proposals for RFP & Q No. 4262 to grant a non-exclusive tow franchise agreement, for a five-year term, from July 1, 2024 - June 30, 2029 Recommendation:

Staff recommends the City Council authorize the City Manager to grant a non-exclusive tow franchise agreement, for a five-year term, commencing July 1, 2024, and ending June 30, 2029, in substantial conformance to Exhibit A to the resolution to the following companies:

1. Action Road Solutions DBA Jack James Tow Service,

2. Central Towing & Transport, LLC,

3. ITN Holdings, LLC DBA First Street Tow,

4. Golden State Fleet Services, and

5. Norm’s Tow Service
Staff Report
Attachments:

1. RFP & Q No. 4262 Checklist & Tabluation

2. Resolution

3. Exhibit A - Substantial Conformance Agreement

7. MATTERS FOR CONSIDERATION
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).

7.1 Appointment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of July 1, 2024 - December 31, 2024.

Recommendation:

Staff recommends the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisory Bodies for the period of July 1, 2024 - December 31, 2024, with the City Council's approval.

Staff Report

7.2 Certification of referendum petition against Resolution No. 2022-085, action to either repeal the resolution, or call for an election for the voters to approve or set aside the legislative acts in the resolution for the construction of and improvements to Veterans Park, and consideration of a companion resolution ratifying the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc.

Recommendation:

Staff recommends the City Council:

1. Adopt a resolution accepting the Alameda County Registrar of Voter’s certification of sufficiency of the signatures on the referendum petition against Resolution No. 2022-085; and,

2. Take one of the following actions as provided by the Elections Code:

Livermore City Council Agenda June 24, 2024
8 Option 1: Adopt a resolution repealing Resolution No. 2022-085; or, Option 2: Adopt a resolution calling for an election to place Resolution No. 2022-085 on the ballot for the voters to approve or set aside the legislative acts in the resolution for the construction of and improvements to Veterans Park; requesting that the Alameda County Registrar of Voters conduct the election; and establishing dates for ballot measure arguments.

3. Staff further recommends the City Council adopt a companion resolution to ratify, reaffirm, and readopt the terms and conditions in the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc., other than for construction of and improvements to Veterans Park, and to acknowledge that the agreement remains in effect as of the date it was signed.

Staff Report
Attachments:

1. Veterans Park Language

2. Memorandum, History of Veterans Park

3. Memorandum, Referenda and Case Analysis

4. Resolution - Accepting Certification

5. Exhibit A - Registrar of Voters Certification

6. Resolution - Repealing Resolution No. 2022-085

7. Resolution - Calling for and Giving Notice of Election

8. Exhibit A - Resolution No. 2022-085

9. Exhibit B - Veterans Park Language

10. Exhibit C - Referendum Measure

11. Resolution - Companion Resolution

12. Exhibit A - Resolution No. 2022-085

13. Exhibit B - Veterans Park Language

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, July 8, 2024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

10. SUPPLEMENTAL MATERIALS

10.1 Supplemental materials received prior to the meeting.

Staff Report
Attachments:

1. Supplemental Materials

11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING
You can participate in the meeting in a number of ways:

Open Forum is an opportunity for the public to speak regarding items not listed on the agenda. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of that Livermore City Council Agenda June 24, 2024
9 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:

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 Livermore City Council Agenda June 24, 2024
10 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 24, 2024
11 CITY COUNCIL STAFF REPORT ITEM NO. 3.1
DATE: June 24, 2024
TO: Honorable Mayor and City Council
FROM: Marianna Marysheva, City Manager
SUBJECT: Proclamation declaring July 28 through August 4, 2024, as Play Ball Week presented to Kathleen Minser, Little League World Series Marketing & Media Director.

RECOMMENDED ACTION
Staff recommends City Council declare July 28 through August 4, 2024, as Play Ball Week.

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
12 13
CITY COUNCIL STAFF REPORT ITEM NO. 5.1
DATE: June 24, 2024
TO: Honorable Mayor and City Council
FROM: Tina Olson, Administrative Services Director
SUBJECT: Introduce an ordinance and waive the first reading revising Municipal Code Chapter 2.68, Contracts and Purchasing, to change contract approval authorities, add department head contract and purchasing responsibilities, add solicitation procedures for professional services contracts, and other miscellaneous revisions.

RECOMMENDED ACTION
Staff recommends the City Council introduce an ordinance and waive the first reading revising Municipal Code Chapter 2.68, Contracts and Purchasing, to change contract approval authorities, add department head contract and purchasing responsibilities, add solicitation procedures for professional services contracts, and other miscellaneous revisions.

SUMMARY
In 1999, the City Council approved Municipal Code Ordinance 1556, establishing policies for contracts and purchasing (Chapter 2.68). Since then, Chapter 2.68 has been revised three times to increase approval authorities, add types of contracts, and add contracting and procurement procedures. The proposed revisions will (1) increase the City Manager’s contract approval authority from $100,000 to $200,000 and reduce the City Manager’s contract amendment authority from $100,000 to a total contract up to $220,000, (2) increase the City Attorney’s contract approval authority from $50,000 to $150,000, (3) eliminate specific department head contract approval authority and authorize the City Manager to delegate contract approval authority, (4) identify department heads’ contract and purchasing responsibilities, (5) add solicitation procedures for professional services contracts, and (6) make various other revisions.

DISCUSSION
In the spring of 2023, the City contracted with a procurement and contracting consultant, Baker Tilly, to evaluate the City’s contracting procedures, process, and policies to identify opportunities to streamline the process and improve accountability. Baker Tilly’s review identified several areas where the City can improve the contracting procedures, process, and policies. For example, Baker Tilly noted the number of contracts and contract amendments that the City issues annually is excessive for the City’s size, which 14 creates more work for City Attorney staff and adds to the time required to process a contract. Chapter

2.68 currently authorizes the City Manager to award contracts up to $100,000 and amend contracts up to another $100,000 which has incentivized staff to award the initial contract below $100,000 and then amend the contract for a greater amount later. The proposed revision to Chapter 2.68 to grant the City Manager contract approval authority of $200,000 and contract amendments up to a total contract of $220,000 is expected to reduce the number of contract amendments the City processes which will reduce the amount of time to complete a contract by reducing the number of contracts awaiting City Attorney review.

Baker Tilly also noted the City Attorney’s Office has assumed responsibility for contract preparation that should be departments’ responsibilities. The City Attorney should only be approving the contract as to form and the Risk Management Division sets the insurance requirements and then approves the insurance as to form when the certificates are provided by the contractor, consultant, or vendors.

Department staff should be ensuring the scope of work, fee schedules, and the rest of the contract document are complete and internally consistent. The proposed addition to Chapter 2.68 of department head responsibilities clarifies department responsibilities for contract preparation and management which will also reduce the City Attorney’s workload reviewing contracts and the time required to complete a contract.

Finally, Baker Tilly noted that Chapter 2.68 does not currently require competitive solicitation for professional services contracts. Professional services competitive solicitation through Requests for Proposals (RFPs) and Requests for Qualifications (RFQs) ensure the City provides opportunities to qualified firms and is contracting with the most qualified firm. As such, staff proposes to revise Chapter

2.68 to require competitive solicitation for professional services contracts.

Staff also proposes to remove specific contract approval authorities for department heads. Instead, staff proposes to revise Chapter 2.68 to allow the City Manager to delegate contract approval authority to department heads. Such delegation will occur in an Administrative Regulation issued by the City Manager.

There are other revisions to Chapter 2.68 including adding:
• leasing of equipment and personal property to the list of contracts that are subject to Chapter 2.68, • requirements for disposing of surplus supplies and equipment, and • a section on ethics that identifies conflicts of interest and circumstances that would disqualify a potential consultant, contractor, or vendor from participating in a solicitation.

FISCAL AND ADMINISTRATIVE IMPACTS
Adopting revisions to Chapter 2.68 will not have a fiscal impact.

COMMUNITY PILLAR
5: A City that Works
GOAL
13: Ensure the City's contracting process is fair, efficient, and inclusive. 15 ATTACHMENTS

1. Redlined LMC 2.68

2. Ordinance

3. Exhibit A - LMC 2.68
Prepared by: Tina Olson
Administrative Services Director
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
16 1
Chapter 2.68

CONTRACTS AND PURCHASING
Article I. General

2.68.010 100 Purpose. and application.

2.68.020 City Council approval required.

2.68.110 Purchasing policy and implementing procedures.

2.68.030 120 General procedural requirements for contracts.

2.68.040 130 Definitions.

2.68.140 Purchasing oversight.

2.69.150 Purchasing responsibilities of Department Heads.

Article II. Contract Approval Authority

2.68.060 200 City Manager authorityCouncil approval required.

2.68.070 City Attorney authority.

2.68.075 Assistant City Manager authority.

2.68.080 Administrative Services Director authority.

2.68.090 Public Works Director and Community Development Director authority.

2.68.100 Police Chief authority.

2.68.110 Library Services Director and innovation and economic development director authority.

2.68.210 Budget appropriation required.

2.68.220 Contract approval authorities.

2.68.230 Contract amendment approval authorities.

2.68.240 Contingency.

2.68.250 Delegation of contract approval authorities.

2.68.260 Discretion to not award a contract.

Article III. Supplies, Equipment and Solicitation Procedures

2.68.300 General Servicesprocedural requirements.

2.68.340 Short form contracts.

2.68.310 Contracts for goods and services up to $10,000.

2.68.350 Purchases of320 Contracts for goods and general services, sole source services or equipment, or supplies and equipment for $5,000 or less.

2.68.360 Purchases of general services or supplies and equipment for moregreater than $510,000 and up to $50100,000. (informal solicitation).

2.68.370 Purchases of330 Contracts for goods and general services or supplies and equipment for moregreater than $50100,000. (competitive bidding).

2.68.380 Negotiated purchases340 Contracts for professional services.

2.68.390 Purchases of supplies350 Competitive negotiation following a request for proposals.

2.68.360 Exceptions to, and equipmentexemptions from, solicitation procedures.

2.68.370 Contracts for goods and services procured through cooperative purchasing arrangements.

2.68.400 Equipment leasing.

2.68.410 Inspection and testing.

2.68.420 Repealed.

ATTACHMENT 1
17 2

2.68.430 Surplus supplies and equipment.

Article IV. Emergency Contract Approval Authority and Procedures

2.68.400 Emergency procurement authority.

2.68.410 Emergency procurement procedures.

Article V. Public Projects

2.68.500 Public project contracting procedures.

2.68.510 Bid splitting prohibited.

2.68.520 Contractors list.

2.68.530 Informal bidding – Notice.

2.68.540 Formal bidding – Notice.

2.68.550 Exceptions.

2.68.560 Modification of public works contracts.

2.68.570 Contracts for maintenance and other work.

2.68.580 570 Award of public works contracts.

2.68.590 580 Rejection of bids.

2.68.600 2.68.690 Change orders to public works contracts.

2.68.595 Approval of plans, specifications, and designs.

Article VI. Additional Requirements

2.68.600 Leasing equipment and personal property.

2.68.610 Inspection and testing.

2.68.620 Surplus supplies and equipment.

2.68.630 Ethics.

2.68.640 Environmentally preferable purchases.

ATTACHMENT 1
18 3
Article I. General

2.68.010100 Purpose and application.

The purpose of this chapter is to:
a. A. Provide for the Clearly define authority of city officersfor the City’s purchasing function and delegate authority to enter intopersons to sign City contracts and to set forth procedural requirements;to procure goods and services, and for public projects;
b. B. Establish efficient procedures for the purchase of supplies, equipmentto award and sign City contracts to procure goods, general services, and professional services; c. Establish efficient procedures to award and sign public works contracts for the City; d. Ensure City contracts for goods, general services, and public projects are awarded at the lowest possible cost commensurate with quality needed, to exercise; e. Ensure contracts for qualified professional services are awarded to qualified consultants at the lowest possible cost commensurate with quality needed, and all contracts for professional services are awarded to the consultants best able to provide the needed services at a cost commensurate with the quality needed;
f. Ensure the quality of the goods and services purchased by the City are fit for their intended purpose; and,
g. Exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases. (Reference: Government Code Sections 54201 through 54205.) City procurement contracts.

2.68.020 City Council approval required.

City Council approval is required for all contracts unlessExcept as otherwise specified inprovided herein, this chapter or codeapplies to all City contracts goods, services, and public projects, but it does not apply to other City contracts.

2.68.110 Purchasing policy and implementing procedures.

Other relevant provisions of law or regulation notwithstanding, this chapter establishes the City’s purchasing policy. For operational efficiency and effectiveness, the City Manager is directed to prepare administrative regulations to implement the provisions of this chapter in coordination with the Administrative Services Director and the City Attorney, or in another provisiontheir respective designees. In the event of a conflict between the administrative regulations and the provisions of this chapter, the provisions of this chapter shall govern. In the event of a conflict between this chapter and a state or federal or state law. law, the provisions of the state or federal law shall govern.

2.68.030120 General procedural requirements for contracts.

A. All City contracts for goods, services, and public projects shall conform with the procedural requirements set forth in this section unlesschapter to solicit, award, and sign contracts for the City, except as otherwise specified elsewhere in this chapter or codethe LMC, or in another provision of federal state or statefederal law.

A. B. The general procedural requirements for all City contracts for goods, services, and public projects are as follows:

1. All City contracts mustfor goods, services, and public projects shall be in writing and beshall be awarded as set forth in this chapter and signed in the name of the City. by the body or person with the appropriate approval authority. Oral contracts are specifically prohibited and shall not be binding on the City;
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B. All 2. As applicable, all City contracts for goods, services, and public projects must include appropriate insurance and indemnification provisions and be reviewedas required by the City’s risk manager.Risk Manager or their designee, and indemnity provisions as required by the City Attorney or their designee;
C. All contracts must be approved as to form by the City Attorney.

D. 3. As applicable, all public works contracts must include the appropriate bonds or other security as required by the California Civil Code, the California Public Contracts Code, and other applicable law and regulation for the public work, in the maximum amounts allowed by law, as well as warranty and maintenance bonds specified by the City Manager in the administrative regulations for public projects;

4. All City contracts for goods, services, and public projects must be approved as to form by the City Attorney or their designee, all bonds or security for public projects must be approved as to form by the City Attorney or their designee, and all insurance certificates must be approved as to form by the Risk Manager or their designee;

5. A signed original of each City contract entered into must be for goods, services, and public works shall be filed with the city clerk’s office, except for copiesCity Clerk’s Office, except for purchase orders that shall be filed in the Administrative Services Department as directed by the Administrative Services Director;

6. For operational efficiency and effectiveness, the City Manager or their designee may, in coordination with the City Attorney and Risk Manager, establish the conditions for the use of purchase orders evidencing the purchase of supplies, equipment or general services which must be filed in the office of the Administrative Services Director. or other efficient forms or methods of procurement in place of, or in addition to, duly signed written contracts, which conditions shall be reflected in the administrative regulations; and,

7. When a City contract for goods, services, or a public project is funded by money the City receives through assistance, contract funding, grant funding, or other governmental sources provided by a county, regional, state, or federal government, then the procurement shall be conducted in accordance with mandatory applicable county, regional, state, and federal laws and regulations.

2.68.040130 Definitions.

For the purposes of this chapter, the following definitions shall apply:

A. “Administrative Services Director” means the Administrative Services Director of the City or his or her designee, who shall also act aswho is the City’s purchasing agent for the City pursuant to Chapter LMC

2.28 LMC.030.

B. “Amendment” means any change to a contract.

C. “Best value” means the best overall value to the City for goods, general services, and qualified professional services contracts based on all factors, including, but not limited to, the following:

1. Cost; Total cost;

2. The ability, capacity, and skill of the consultant, contractor, or vendor to perform the contract or provide the supplies,desired goods and services or equipment required;

3. The ability of the consultant, contractor, or vendor to provide the supplies,desired goods and services, or equipment promptly or within the time specified without delay or interference; ATTACHMENT 1
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4. The character, integrity, reputation, judgment, experience, and efficiency of the consultant, contractor, or vendor;

5. The quality of the contractor’sconsultant, contractor, or vendor’s performance on previous purchases or contracts with the City; and or requested references;

6. The consultant’s demonstrated competence for qualified professional services contracts; and,

7. The ability of the consultant, contractor, or vendor to provide future maintenance, repair, parts, and services for the use of the supplies purchased.

C. “Change order” means a change or addendum to an executed contract.

D. D. “Change order” means an amendment to a public works contract that changes the contract’s scope of work to be performed, the amount of time to complete the work, the compensation to be paid for materials, labor, or equipment, and other material terms, conditions, and aspects of work.

E. “Consultant” means the party to a contract who is providing professional services to the City.

F. “Contract” for the purpose of this chapter means any formal written agreement to do a certain thing. “Contractbetween the City and a consultant, contractor, or vendor that creates mutual obligations that are enforceable by law. The basic elements for a contract are mutual assent, a valid offer and acceptance, consideration, capacity, and legality. For the purposes of this chapter, the terms “contract” and “agreement” are synonymous. The, and the term “contract” includes, but is not limited to, a purchase order or, blanket purchase order, a contract for general services, acontract for professional services, contract for maintenance, leasing of agreement for personal property or equipment, an addendum or change order, a letter agreement, a memorandum of agreement, and an amendment to any of those documents. The term “contract” does not include memorandums of understanding or memorandum of agreementthat do not create mutual obligations that are enforceable by law.

E. G. “Contractor” means the party to a general services contract who is providing general services to the City, and the party to a public works contract with the City for a public project.

H. “Demonstrated competence” means the ability to apply, and prior experience applying, the knowledge and skills required to perform the critical functions specified in the scope of work for a professional services agreement.

I. “Emergency” means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. (Reference: as defined by California Public Contract Code Section 1101). 1102, and the conditions defined as an “emergency” in LMC 2.56.020.

F. J. “General services” means and includes any work performed or services rendered by an independent contractor, with or without the furnishing of materials, including, but not limited to, the following, but does not include work on a public project:

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d. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. e. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher.

2. Repair, modification, and maintenance of cityCity equipment and software;technology products.

3. Cleaning, analysis, testing, moving, removal or disposal (other than by sale) of city supplies and equipmentCity goods;

4. Providing other miscellaneous services to facilitate cityCity operations;

5. Performing repair, demolition, or other work required to abate nuisances under this code;

6. Licensing software;

7. Leasing or rental of equipment (and personal property) for use by the City; as set forth in LMC 2.68.600; and,

8. A maintenance agreement for equipment owned or leased by the City;.

9. Sole source services.
“General services” does not include work defined as a public works contract.” G. K. ”Goods” means and includes all such supplies, materials, equipment, personal property, and other items purchased for the City for its operations, but “goods” does not include items furnished for a public project.

The term “goods” also includes equipment and personal property leased by the City as set forth in LMC

2.68.600.

L. “Low bid” means the bid with the lowest compensation amount proposed by a responsive bidder to a contract solicitation.

M. “Lowest responsive and responsible bidder” means the bidder for a public works contract who submits a bid that conforms to the material requirements set forth in the City’s solicitation document and who has also demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the work required.

N. “Professional services” means the services of an attorney, engineer, doctor,a specially trained and experienced person, firm, or corporation for special services in financial consultant, land surveying consultant, planning, environmental consultant, construction project manager, investment advisor, bank or trustee officer, or other professional or independent contractor., economic, accounting, engineering legal, and administrative matters within the scope of California Government Code Section 37103 as it may be amended from time to time, as well as similar services and other services such as medical services that require special training, experience, and educational certifications. “Professional services” shall also include usecontracts with providers of temporary personnel services.

H. O. “Public works contract” means any city contract for the performance of a “public project” means a public project as defined by California Public Contract Code Sections 20161 and 22002, as theythose statutes may be amended from time to time. “Public project” means any of, and includes the following:

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1. Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.

2. Painting or repainting of any publicly owned, leased or operated facility.

3. In the case of a publicly owned utility system, “public project” shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher.

I. P. “Public works contract” means a City contract for a public project.

Q. “Qualified professional services” means architectural, landscape architectural, engineering, land surveying, and construction management services that are covered by California Government Code Section 4525 et seq., as those statutes may be amended from time to time, and that are required to be procured on the basis of demonstrated competence and professional qualifications.

R. “Responsible bidder,” as used in this chapter,” means a bidder for a public works contract who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience, to satisfactorily perform the work required.

S. “Responsive bidder” means a bidder for a contract for goods, services, or qualified professional services whose submitted bid conforms to the material requirements set forth in the City’s solicitation documents.

T. “Single source” means a consultant, contractor, or vendor of goods or services that are available from more than one source, but there is a compelling and justifiable reason such as product standardization to select a single consultant, contractor, or vendor.

U. “Sole source” means a consultant, contractor, or vendor who, to the best of the City’s knowledge based upon thorough research, is the only one capable of providing the City’s required goods or services solicited for the City’s needs and circumstances.

V. “Technology product” means hardware, software, and communications equipment, as well as related equipment or goods that incorporate any such items.

W. “Vendor” means the party to a contract who is selling goods, or leasing equipment or personal property, to the City.

2.68.140 Purchasing oversight.

The Administrative Services Director shall oversee and facilitate compliance with this chapter and the corresponding administrative regulations, including:
a. Staying informed of current developments in the field of purchasing; b. Staying informed of the procurement needs in the City’s departments; c. Prescribing and maintaining such forms as are reasonably necessary to the operation of this chapter and the purchasing policy;
d. Recommending updates to this chapter and making revisions to the administrative regulations, as needed;
e. Evaluating and recommending to the appropriate approval authority organization structures in City departments and divisions that optimize the procurement function; and, f. Coordinating the purchasing of goods and services that will be used by multiple City departments where feasible and practical.

2.68.150 Purchasing responsibilities of Department Heads.

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Each Department Head shall be aware of the procurement needs within their respective departments, and shall ensure that all City contracts for goods, services, and public projects for their respective departments are made in compliance with this chapter. The Community Development Director has the additional responsibility for ensuring the City Engineer complies with this chapter for public works contracts. Each Department Head shall ensure the persons preparing contracts for goods and services within their respective departments comply with the following:
a. Prepare solicitation materials, as needed, for each procurement; b. Make a good faith estimate of the compensation amount for each procurement to determine the appropriate solicitation procedure;
c. Ensure that the proper solicitation procedure is followed based on the estimated compensation amount for the procurement;
d. Evaluate received bids or proposals in accordance with the selection criteria and process described in this chapter and the administrative regulations;
e. Ensure that each contract for goods and services is awarded consistent with the requirements in this chapter and the administrative regulations;
f. Ensure that sufficient funds are appropriated to pay the compensation amount specified in notice inviting bids, including the projectthe contract;
g. Ensure that the consultant, contractor, or vendor selected for the contract award has obtained appropriate insurance certificates with endorsement meeting the contract requirements, as applicable, before the contract is signed for the City, and thereafter maintains appropriate insurance certificates at all times during the term of the agreement;
h. Ensure that the consultant, contractor, or vendor selected for the contract award has obtained an appropriate City business license before the contract is signed for the City, and thereafter maintains an appropriate business license all times during the term of the agreement; i. Ensure that each contract for goods and services is signed by the consultant, contractor, or vendor before it is signed for the City;
j. Ensure that each contract for goods and services is signed for the City by a person or body with appropriate approval authority based on the contract’s compensation amount; k. Inspect goods, general services, equipment, and personal property delivered to the City to ensure their conformance with the contract specifications, prepared for the project bid by the City, to satisfactorily perform the public works contract. (Reference: Public Contract Code Section 1103).; J. “Short form contracts” are contracts, not to exceed $1,000, for the performance of short-term (e.g., hourly) services such as, for example, on-site training sessions, book readings, art instruction, artistic rendering or slideshow presentations determined to be of limited risk of liability to the City by the risk manager.

K. “Supplies and equipment” means and includes all such items purchased on behalf of the City except for supplies or materials finished for a public works project.

L. “Technology product” means hardware, software, or communications equipment; or related equipment or goods which incorporate any such items.
l. Inspect all equipment and personal property leased to the City to ensure it is in a fit and satisfactory condition for the City’s use and is free from defect so that it may be safely used for its intended purpose; m. Monitor the performance of consultant, contractor, or vendor under approved contracts to ensure compliance with contract requirements;
n. Recommend and prepare contract amendments as needed and ensuring that the amendments are approved and signed by a person or body with appropriate approval authority, and that sufficient funds are appropriated to pay for the compensation specified by the amendment; ATTACHMENT 1
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o. Ensure that due diligence is performed before preparing a written justification for submission to the Administrative Services Director requesting an exception pursuant to LMC 2.68.360(B) to forego an informal solicitation or a competitive purchase process for a sole source or single source contract in accordance with this chapter and the administrative regulations; p. Take reasonable steps to avoid conflicts of interest in the purchasing process; q. Keep sufficient records of all departmental contracts and expenditures and ensuring that such records are properly filed and stored in accordance with the City’s records retention schedule; and, r. Submit reports to the Administrative Services Director showing all departmental supplies and equipment that are no longer used or have become obsolete or worn out so that the City Manager or their designee can transfer surplus or unused goods between departments, or sell, exchange, or trade in such supplies and equipment, if desired,
Article II. Contract Approval Authority

2.68.060 City Manager authority.

A. The City Manager is authorized to enter into and sign for and on behalf of the City, without the prior approval of the 200 City Council, general or professional service contracts or contracts for supplies and equipment: approval required.

1. Which contain maximum compensation up to $100,000. The City Manager may approve a change order or amendment to a general or professional service contract initially approved by the City Manager or the City Council, in an amount not to exceed an additional $100,000. However, amendments to a general or professional service contract initially approved by the City Manager that cumulatively exceed $100,000 must be approved by the City Council; and

2. For which moneys have been appropriated or will be appropriated at the earliest practicable time but in no event later than the next budget adoption.

B. In addition to the authority in subsection A of this section, the City Manager is authorized to enter into and execute, for and on behalf of the City, the following contracts:

1. City Council approval is required for all City contracts for goods, services, and public projects unless otherwise specified in this chapter, the LMC, or in another provision of federal or state law.

2.68.210 Budget appropriation required.

No City contract for goods, services, or public projects shall be awarded or signed for the City unless there exists an underlying and unencumbered budget appropriation in the fiscal year that the contract is awarded and signed. Contracts awarded in a fiscal year that are anticipated to extend into a subsequent fiscal year or years may be awarded by a person for body with the appropriate approval authority for the total compensation amount specified in the contract, but the contract shall be subject to the appropriation requirements specified in this section for subsequent years. Absent an existing unencumbered budget appropriation at the time of contract award, then a supplemental appropriation by the City Council is required before the City contract can be awarded and signed for the City.

2.68.220 Contract approval authorities.

A. General. All City contracts for goods, services, and public projects shall only be awarded and signed by a person or body with the appropriate approval authority for the City as set forth in this subsection 2.68.220 or ATTACHMENT 1
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as otherwise authorized by City Council resolution. Likewise, all amendments to contracts for goods and services, and all change orders to public works contracts, shall only be signed by a person or body with the appropriate approval authority as set forth herein.

B. Approval Authority. The authority to award, approve, and sign City contracts for goods, services, and public works projects for the City is as follows:

1. City Council. The City Council shall be the contract approval authority to award the following contracts by resolution, and may duly authorize a City officer or employee to sign the contracts for the City after City Council approval:
a. Contracts for goods and services that have a compensation amount greater than $200,000. b. Public works contracts resulting from formal bidding procedures greater than the amount specified in California Public Contract Code Section 22032(c), as set forth in LMC 2.68.540, and change orders to public works contracts consistent with LMC 2.68.590.

2. Contracts for or for community social or recreational services, or for the use of cityCity property or facilities, in accordance with established administrative regulations and guidelines, which require no payment of money by the City in excess of $100200,000, or which provide for payment of money to the City under each contract.

3. Contracts for professional services in an amount up to $250,000 if:
a. A developer has deposited the full amount of the contract into a trust fund account. b. The deposited funds are to be used for a city-managed professional services contract, such as an environmental impact report.
c. For contracts entered into and executed by the City Manager as provided in subsection (B)(3) of this section, alterations, deviations, additions or deletions from the original scope of work for a professional services contract, which are determined by the City to be necessary during the progress of work, shall be documented by a supplemental agreement. The City Manager is authorized to enter into and execute, for ATTACHMENT 1
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and on behalf of the City, supplemental agreements for professional service contracts in the amount up to $50,000.

4. Public works contracts in accordance with the monetary limits for informal bidding set forth in Public Contract Code Section 22032, as it may be amended from time to time.

C. In an emergency endangering the lives, property or welfare of the people of the City or the property of the City, the City Manager may authorize the expenditure of any unencumbered moneys in the operating stabilization fund balance, notwithstanding the fact that such moneys may not have been appropriated for such purpose, to the extent that other moneys have not been appropriated or are otherwise unavailable therefor.

D. The City Manager may delegate in writing to any city department head or the Assistant City Manager, the authority to purchase or contract for specified supplies, services, and equipment as long as such purchases or contracts are made in conformity with the procedures established by this chapter.

2.68.070 e. The City Manager’s authority to enter into contracts and other documents for the City to settle litigation, government claims, and administrative proceedings is set forth in LMC Chapter

3.40. f. For operational efficiency and effectiveness, the City Manager may:

1. Delegate the approval authorities specified in this subsection to Department Heads as set forth in LMC 2.68.250, which delegations shall be reflected in writing and incorporated into the City Manager’s administrative regulations.

2. Approve, or delegate the approval, for the assignment of City contracts by a consultant, contractor, or vendor to a respective successor upon determining that the successor has the qualifications to satisfy the contract’s requirements and the successor has been assigned and has assumed all responsibilities in the contract owed to the City. Delegations shall be reflected in writing and incorporated into the City Manager’s administrative regulations, and all assignment approvals shall be in writing and retained with the contract.

3. Approve, or delegate the approval, for a consultant, contractor, or vendor’s use of subcontractor. Delegations shall be reflected in writing and incorporated into the City Manager’s administrative regulations, and all subcontractor approvals shall be in writing and retained with the contract.

3. City Attorney authority.

A. . The City Attorney is authorized to enter into and execute for and on behalf of the City, without the prior approval of the City Council, contractsshall be the contract approval authority for:

1. Which contain a maximum compensation up to $50,000 or less. As to a change order or amendment, the limit of authority may not exceed an additional $50,000; and

2. The object or purpose of which isa. Contracts for goods and services related to the activities or functions of the office of the City Attorney; and that have a compensation amount up to $150,000, and amendments to those contracts consistent with LMC 2.68.230.

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3. For which moneys have been appropriated and for which there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract; and

4. Which is for consultant or professional services, or for books, periodicals or other legal reference materials.

B. Additionally, the City Attorney is authorized to enter into and execute for and on behalf of the City, without the prior approval of the City Council, contracts:

1. Whichb. Contracts to appoint and retain outside legal counsel to prosecute lawsuits for the City or defend lawsuits against the City.

2. Which settle claims or litigation against the City for an amount not to exceed $100,000, without prior approval of the City Council. A legal settlement in excess of $10,000 requires the concurrence of the City Manager.

3. Whichthe City against lawsuits regardless of the compensation amount but subject to budget appropriation. The City Attorney’s authority to enter into contracts and other documents for the City to settle workers’ compensation claims or litigation, government claims, worker’s compensation claims, and administrative proceedings is set forth in LMC Chapter 3.40.

4. Which arec. Contracts for the City’s membership in public agencies organized and operating under California Government Code Section 6507 and related provisions of law that authorize the creation and operation of governmental joint powers authorities under California Law to self-insure and pool resources for excess losses, regardless of the compensation amount but subject to budget appropriation.

5. Which are to purchased. Contracts for insurance to protect and cover cityCity facilities and operations, and for trust accounts maintained to satisfy the City’s trust fund requirements for its excess liability pools, regardless of the compensation amount but subject to budget appropriation.

C. The City Attorney may designate in writing any senior assistant City Attorney or assistant City Attorney to purchase or contract for specified supplies, services and equipment as long as such purchases or contracts are made in conformity with the procedures established by this chapter.

2.68.075 Assistant City Manager authority.

A. The Assistant City Manager is authorized to enter into and execute for and on behalf of the City, without the prior approval of the City Manager or City Council, a contract for the purchase of general or professional services or contract for supplies and equipment:

1. Which contains a maximum compensation amount of $50,000. As to a change order or amendment, the limit of authority is 100 percent of the original contract, not to exceed a cumulative additional amount of $50,000; and
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2. For which moneys have been appropriated and for which there is unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract.

B. The Assistant City Manager, with approval of the City Manager, may delegate in writing to any city department head the authority to purchase or contract for specified supplies, services and equipment as long as such purchases or contracts are made in conformity with the procedures established by this chapter.

C. The Assistant City Manager may execute contracts not to exceed $100,000, in the absence of the City Manager.

2.68.080 4. Administrative Services Director authority.

A. . The City Administrative Services Director is authorized to enter into and execute for and on behalf of the City, without the prior approval of the City Manager or City Council, a contract for the purchase of general or professional services or contract for supplies and equipmentshall be the contract approval authority for:

1. Which contains a maximum. Contracts for goods and general services that have a compensation amount of $25up to $150,000. As to a change order or , and amendments those contracts consistent with LMC 2.68.230.
b. Contracts for professional services that have a compensation amount up to $100,000, and amendments those contracts consistent with LMC 2.68.230.

2.68.230 Contract amendment, approval authorities.

A. All contract amendments must be in writing, signed by a person or body with the limit of appropriate approval authority is 100 percent of specified in LMC 2.68.220, and properly filed and stored with the original contract, in accordance with the City’s records retention schedule. Oral contract amendments are specifically prohibited and shall not be binding on the City.

B. All amendments to contracts for goods and services, and change orders to public works contracts, shall be approved by the City Council or an officer or employee with the appropriate approval authority as set forth in either: (i) LMC 2.68.220 based upon the compensation amount in the amended contract, or at set forth; or, (ii) based upon the authority duly authorized by the City Council by resolution.

2.68.240 Contingency.

To account for unforeseen conditions that may impact the scope of work, pricing offered, quantity of goods or terms in a contract for goods and services, the City Manager has authority for an additional contract contingency amount not to exceed a cumulative additional amount of $25,000; and$20,000, which is in addition to the approval authority set forth in LMC 2.68.220, that may be used in the City Manager’s discretion to approve an amendment to a contract for goods and to ensure successful contract completion..

2. For which moneys have been appropriated and for which there is unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract.

B. 2.68.250 Delegation of contract approval authorities.

The contract approval authorities set forth in LMC 2.68.220 may be delegated as follows:
a. The City Manager may delegate contract approval and amendment authority in writing to a Department Head or other City employee if such delegation is deemed necessary for effective procurement. Such ATTACHMENT 1
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delegated contract approval authority shall not exceed the City Manager’s contract approval authority in LMC 2.68.220.
b. The City Attorney may delegate contract approval and amendment authority in writing to other employees in the City Attorney’s Office if such delegation is deemed necessary for effective procurement. Such delegated contract approval authority shall not exceed the City Attorney’s contract approval authority in LMC 2.68.220. However, the City Attorney may only delegate the authority to review and approve contracts, bonds, or security as to form to attorneys within the City Attorney’s Office or otherwise designated by the City Attorney.
c. The Administrative Services Director may delegate contract approval and amendment authority in writing to other employees in the Administrative Service Department if such delegation is deemed necessary for effective procurement. Such delegated contract approval authority shall not exceed the Administrative Services Director’s contract approval authority in LMC 2.68.220.

2.68.260 Discretion to not award a contract.

Nothing in this chapter requires the City to award a contract for goods, services, or public works if the person or body with the appropriate approval authority for the contract determines, in that person or body’s discretion, that the award of the contract is not in the best interest of the City, and that person or body rejects all bids.

Article III. in writing to any CitySolicitation Procedures

2.68.300 General procedural requirements.

A. Prior to contracting for goods and services, the Department Head or their designee for the initiating department or division head the authority to purchase or contract for specified supplies, services and equipment as long as such purchases or contracts are made in conformityshall:

1. Be responsible for conducting solicitations for needed goods or services, except as otherwise specified by the City Manager or Administrative Services Director or as specified in the administrative regulations;

2. Make a reasonable and good faith estimate of the anticipated compensation amount to be paid for the goods and services, which estimate shall be filed in the department’s procurement file;

3. Ensure solicitation is conducted in strict accordance with the procedures established by this chapter.in this Article III Solicitation Procedures and the administrative regulations;

2.68.090 Public Works Director and Community Development Director authority.

A. The Public Works Director and the Community Development Director are each authorized to enter into and sign for and on behalf of the City, without the prior approval of the City Council or the City Manager, a contract:

1. Which does not exceed $25,000. As to a change order or amendment, the limit of authority is 100 percent of the original contract, not to exceed a cumulative additional amount of $25,000; and

2. For which moneys have been appropriated and for which there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract; and

3. Which is for general or professional services; or

4. Which is any one of the following:

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a. Is required as a condition of approval by the City Council or the Planning Commission; or b. The consideration to be paid by the City is to be reimbursed in full by an applicant for a land use permit; or
c. Is between the City and a public utility for work to be done for the City on property that is the direct concern to both the City and the public utility and, in addition, in the Director’s opinion, can be best or better performed, or more efficiently or expeditiously performed, or performed with less inconvenience to the public, or be more inexpensively performed, or be more safely performed, by the public utility than by others.

B. In addition to the authority in subsection A of this section, the Public Works Director and Community Development Director are each authorized to enter into and execute, for and on behalf of the City, a public works contract which does not exceed $25,000.

C. The Public Works Director or the Community Development Director may delegate in writing to division heads within his or her department the authority to contract for general or professional services.

2.68.100 Police Chief authority.

A. The Police Chief is authorized to enter into and execute for and on behalf of the City, without the prior approval of the City Manager or City Council, a contract for the purchase of professional services:

1. Which contains a maximum compensation amount of $25,000. As to a change order, the limit of authority is 100 percent of the original contract, not to exceed a cumulative additional amount of $25,000; and

2. For which moneys have been appropriated and for which there is unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract.

B. The Police Chief may delegate in writing to division heads within his or her department the authority to contract for professional services.

2.68.110 Library Services Director and Innovation and economic development director authority.

A. The Library Services Director and innovation and economic development director are each authorized to enter into and execute for and on behalf of the City, without the prior approval of the City Manager or City Council, a contract for general or professional services:

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1. Which contains a maximum compensation amount of $25,000. As to a change order or amendment, the limit of authority is 100 percent of the original contract, not to exceed a cumulative additional amount of $25,000; and

2. For which moneys have been appropriated and for which there is unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract.

B. The Library Services Director or innovation and economic development director may delegate in writing to division heads within his or her department the authority to contract for general or professional services.

Article III. Supplies, Equipment and General Services

2.68.340 Short form contracts.

Department heads or their designees are authorized to enter into short form contracts in an amount not to exceed $1,000.

2.68.350 Purchase of general services, sole source services or equipment, or supplies and equipment for $4. Ensure all solicitations are in writing. Oral quotes, bids, or proposals shall not be accepted;
5,000 or less.

For purchases of general services or supplies and equipment for $5,000 or less, additional purchasing procedures shall be established by an administrative regulation of the City Manager.

2.68.360 Purchases of general services or supplies and equipment for more than $5,000 and up to $50,000,
A. Quotation Requirement. The purchase of supplies, equipment and general services in an amount that is greater than $5,000 but less than $50,000 may be made . Ensure the documents and instructions to be used for soliciting bids, proposals, or price quotations shall be those provided and required by the Administrative Services Director in the open market, following the procedure prescribed in this article.;

1. Minimum Number of Quotations. Open-market purchases shall, whenever possible, be based on at least three quotations.

2. Notice Inviting Quotations. The6. If submitted bids or proposals exceed the compensation amounts for the solicitation procedures used for the contract, conducting a new solicitation if directed by the City Manager or Administrative Services Director; and,

7. Ensuring procurements are not split or separated into smaller components for the purpose of circumventing the solicitation or contract approval requirements specified in this chapter.

B. No consultant, contractor, or vendor who assisted the City’s decision to identify the goods or services to be procured, and no consultant, contractor, or vendor who assisted the City with the preparation of the solicitation, shall submit a bid, proposal, or quotation for the goods or services to be procured.

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C. All potential consultant, contractor, or vendors shall avoid any behavior that might influence any elected or appointed officials to interfere with a solicitation, and they shall limit their communications with the City of Livermore to the person responsible for conducting that solicitation and the Administrative Services Director.

Undue influence on a solicitation may result in the consultant, contractor, or vendor being disqualified from participating in a solicitation as set forth in the administrative regulations.

D. The solicitation procedures in this Article III shall be followed for contracts for goods and services, and the solicitation procedures in Article V shall be followed for public works contracts for public projects.

2.68.310 Contracts for goods and services up to $10,000.

A solicitation process is not required for City contracts to procure goods and services that have compensation amounts that do not exceed $10,000. These contracts may be negotiated in the open market as specified in the administrative regulations and awarded by the person or body with the appropriate approval authority. However, nothing shall preclude City staff members from conducting price comparisons, utilizing the informal procedures, or the competitive bidding procedures based upon the City’s needs and circumstances to ensure the best overall value is obtained.

2.68.320 Contracts for goods and general services greater than $10,000 and up to $100,000 (informal solicitation).

3. b. Quotations. Quotations Written quotations shall be submitted to the Administrative Services Director (or his or her designee),department representative, who shall keep a record of all open- market orders and quotes for a period of one year after the submission of quotes or placing of orders.. This record is open to public inspection. For a purchase of up to $15,000, the quotations may be verbal or written. For a purchase in an amount between $15,000 and $50,000, the All quotations shall be written (including facsimile and electronic mail).must be in writing.

4. c. Minimum number of quotations. The award of contracts using the informal solicitation process shall, whenever possible, be based on the solicitation of at least three written quotations. d. No Responsive Quotationsresponsive quotations. If no quotations, or no responsive quotations, are received after inviting quotations under this sectioninformal solicitation, the Administrative Services Director or City Manager may proceed to hire or have services performed or purchasenegotiate the supplies contract for the goods and services in the open market using the process set forth in LMC

2.68.310.

5. Award of Contract. The Administrative Services Director, or other department head if within his or her authority, is authorized to award a contract for $25,000 or less when the City Council has budgeted funds for the item(s) and the amount of the award is not more than the quoted amount.e. Basis for award. Under this sectionsubsection, a contract shallmay be awarded to the quotation representing the on either a best value as defined in LMC 2.68.040.or low bid basis, as determined by the Administrative Services Director or their ATTACHMENT 1
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designee prior to soliciting informal bids or proposals. The basis upon which the award is made shall be in writing.

B. Exceptions. The quotation procedure under this section may be dispensed with:

1. In an emergency as defined in LMC 2.68.040;

2. Where it is determined that supplies and equipment are unique or available only from included in the solicitation document, if one source, so that the quotation procedure required by this section would be meaningless. The basis upon which this determination is made shall be is used, or otherwise communicated in writing; to prospective bidders in the same manner as the solicitation.

3. Where supplies and equipment are purchased through a cooperative purchasing arrangement pursuant to LMC 2.68.390;

4. Where supplies and equipment are purchased through competitive or noncompetitive negotiations pursuant to LMC 2.68.380.

2.68.370 Purchase of general services or supplies and equipment for more than $50,000,.

A. Bidding Requirement. The Administrative Services Director shall purchase supplies, equipmentf. Award of contract and appropriation. The contract shall be awarded by the person or body with the appropriate approval authority to sign the contact for the City as set forth in LMC 2.68.210 based upon the contract’s compensation amount, provided that the City Council has budgeted funds for the contract. g. Payment and Performance Bonds. The Administrative Services Director has the authority to require a payment bond, a performance bond, or both, for a City contract, in such amount as is reasonably necessary to protect the best interests of the City. If the Administrative Services Director requires such bonding, the form and amount of the bond(s) shall be described in the notice inviting bids, and the form for each bond must be approved as to form by the City Attorney

2.68.330 Contracts for goods and general services greater than $100,000 (competitive bidding).

A. A competitive bidding process is required for City contracts to procure goods and general services of a valuewith compensation amounts greater than $50100,000 following the formal bid procedure prescribed. The competitive solicitation process shall comply with the procedures specified in this section.subsection and the administrative regulations as follows:

1. Notice Inviting Bids. The notice inviting bids shall include a general description of the articlesgoods or general services to be purchased, and shall state where bid forms and specifications may be secured, and the final time and place for submitting bids.
a. Published Notice. The notice inviting bids shall be published at least 10 business days before the date of opening of the bids. Notice shall be published at least once in a newspaper of general circulation, printed and published locally. In addition, notice inviting bids may also be published electronically.
b. Bidders’ Bidder’s List. The Administrative Services Director may require a bidder’s list for competitive bidding, which requirements shall be specified in the Administrative Regulations for this Chapter. If a bidder’s list is required, then the notice inviting bids shall also solicit sealed bids from ATTACHMENT 1
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responsible prospective suppliersconsultants, contractors, or vendors whose names are on the bidders’bidder’s list.

2. Bidders’ Bidder’s Security. When deemed necessary, the Administrative Services Director shall require bidders’bidder security. Bidders as specified in the administrative regulations. The administrative regulations shall provide that bidders are entitled to the return of bid security upon execution of the contract or upon the readvertisement forCity’s republishing of a notice inviting bids;, provided, that a successful bidder forfeits his bid security upon refusal or failure to execute the contract within 10 business days after the notice of award of contract has been mailed, unless the City is responsible for the delay.

3. Bid Opening Procedure. Bidders shall submit sealed bids to the Administrative Services Director, and shall identify them as bids on the envelope as specified in the administrative regulations. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.

4. Rejection of Bids. In their discretionIf it is determined to be in the best interest of the City, the City Manager or City Council may reject any and all bids presented, and may readvertise for. The City Manager or their designee shall have the authority to reject bids or proposals up to $200,000. Bids or proposals exceeding $200,000 shall be rejected by the City Council unless such authority is delegated to the City Manager.

5. No Responsive Bid. If no bid, or no responsive bid, is received after inviting bids under this section, the Administrative Services Director or City Manager may proceed to hire or havenegotiate a contract for the goods and services performed or purchase the supplies in the open market using the process set forth in LMC 2.68.310.

6. Award of Contract. The City Manager shall award a contract for the purchase of supplies, equipment or general services of a value of $100,000 or less. The City Council shall award a contract for the purchase of supplies or equipment or general services of a value greater than $100,000. Under this section, a contract shall be awarded to the bid representing the best value as defined in LMC 2.68.040. The basis upon which the award is made shall be in writing.

6. Award of Contract. The person or body with the appropriate approval authority corresponding to the amount of the contract to be awarded pursuant to this subsection shall also be the person or body with the authority to award the contract, provided that the City Council has budgeted funds for the contract.

In the absence of a budget appropriation, a supplemental appropriation pursuant to LMC 2.68.210 is required before the contract can be awarded. Under this subsection, a contract may be awarded on either a best value or low bid basis, as determined by the City Manager or their designee prior to issuance of the solicitation. The basis upon which the award will be made shall be included in the solicitation document.

7. Payment and/or Performance Bonds. The Administrative Services Director has the authority to require a payment and/or performance bond before entering a contract, in such amount as is reasonably necessary to protect the best interests of the City. If the Administrative Services Director requires a performance bondsuch bonding, the form and amount of the bond(s) shall be described in the notice inviting bids, and subjectthe bond must be approved as to approvalform by the City Attorney.

B. Exceptions. The bidding procedure under this section may be dispensedperson or body with:

1. In an emergency as defined in LMC 2.68.040;
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2. Where it is determined that the suppliesappropriate approval authority to award and equipment are unique or available only from one source, so that sign the bidding required by this section would be meaningless. The basis upon which this determination is made shall be in writing;

3. Where supplies and equipment are purchased through a cooperative purchasing arrangement pursuant to LMC 2.68.390;

4. Where supplies and equipment are purchased through competitive or noncompetitive negotiations pursuant to LMC 2.68.380;

5. If there is nocontract for the City may, in their discretion, waive inconsequential bid irregularities that do not give a bidder an unfair competitive advantage to be gained by soliciting bids (for example, where it is determined that the supplies and equipment are unique or available only from one source), the bidding requirement required by this section would be meaningless. The basis upon which this determination is made shall be in writing by a department head and directed to the City Managerover any other bidder.

C. It is unlawful to split into smaller orders the purchase of supplies, equipment or general services for the purpose of evading the competitive bidding provisions of this section.

2.68.380 Negotiated purchases.

A. Applicability. A purchase may be had by negotiations when the purchase is for:

1. A technology product, as defined in LMC 2.68.040;

2. An addition to, or repair or maintenance of, existing equipment which can be more efficiently added to, repaired or maintained by a particular company or manufacturer;

3. Equipment which must be compatible with existing equipment, by reason of the training of the personnel or an inventory of existing replacement parts kept by the City;

4. Public art (which may or may not also fall within the “sole source” exception); The affected department head shall state in writing the basis for a determination that this section applies. Before any purchase is made, that determination and the method of negotiation (competitive or noncompetitive) must first be approved by (1) the City Manager, when the purchase involves $25,000 or more, or (2) the Administrative Services Director, when the purchase involves less than $25,000.

B. Method of Negotiation. When a negotiated purchase is approved under subsection A of this section, the purchase may be made by either (1) competitive negotiation following a request for proposals or (2) noncompetitive negotiation.

C. Competitive Negotiation Following a Request for Proposals.

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1. 2.68.340 Contracts for professional services.

A. Contracts for professional services shall be solicited for award on the basis of demonstrated competence and the qualifications necessary for the satisfactory performance of the services, as determined by a consideration of the following criteria:

1. A compensation amount that is fair, reasonable, and competitive;

2. The quality of the services offered;

3. The consultant’s ability, capacity, and skill to provide the services promptly, within the time specified, within budget, and without delay or interference;

4. The credentials and licenses of the person or business, if required;

5. The consultant’s character, integrity, reputation, judgment, training, experience, and efficiency;

6. The consultant’s knowledge of local conditions;

7. The consultant’s previous history of working on related projects or issues for the city, where such previous experience will allow the services to be performed more efficiently and will require less time spent on preparation and background research;

8. The sufficiency of the consultant’s financial capacity and other resources; and

9. The consultant’s ability to provide such future service as may be needed.

B. Contracts for qualified professional services shall be solicited for award using either the informal solicitation process set forth in LMC 2.68.320 or the competitive bidding process set forth in LMC 2.68.330 based upon the compensation amount in the contract, and as required by applicable state and federal law, best value solicitations for architectural and engineering (A&E) services shall use a qualifications based selection (QBS) process where qualified professional service providers are evaluated and ranked based on demonstrated competence before compensation is considered.

C. The person or body with the appropriate approval authority corresponding to the amount of the contract to be awarded pursuant to this subsection shall also be the person or body with the authority to award the professional services contract or qualified professional services contract, provided that the City Council has budgeted funds for the contract. In the absence of a budget appropriation, a supplemental appropriation pursuant to LMC 2.68.210 is required before the contract can be awarded.

2.68.350 Competitive negotiation following a request for proposals.

A. Competitive negotiation for City purchase contracts may be used in situations where goods and/or services cannot be exactly defined/specified or where solutions are sought such as consulting studies or software systems that require a qualitative evaluation process.

B. The process for competitive negotiation of contracts shall comply with the following as implemented in the administrative regulations:

1. Request for Proposals. Under this method, proposals are requested from a number of sources and the request for proposals is publicized. The request for proposals must identify all the significant evaluation factorscriteria upon which the offerors’ proposals will be evaluated, including price or cost as applicable, and theirthe relative importance of each criterion. Proposals must be solicited from an adequate number of qualified sources to permit reasonable competition.

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2. Receipt of Proposals. Sealed proposals must be submitted by offerors by the date and time specified on the prescribed forms and shall be identified by the request-for-proposal number.

3. 3. Evaluation of Proposals. Submitted proposals shall be evaluated in accordance with the evaluation criteria and process identified in the solicitation document, which may include evaluation of the written submittals; interviews, presentations and/or product demonstrations as applicable; reference checks; and other factors as necessary to determine a rank order of proposals.

4. Negotiation. The most qualified and responsive offeror will be selected for contract negotiation. If agreement cannot be reached with the first choice offeror, the second choice offeror (and then the third, and so on) will be contacted, with the first choice offeror (or other offerors, in order) dismissed from further consideration onfor that particular projectcontract. All elements of the negotiation process shall be documented by the negotiating department and submitted to the finance director.Administrative Services Director. Responsible offerors shall be accorded fair and equal treatment with respect to opportunity for discussion and revision of proposals. Any revisions are permitted after submission in writing and prior to the award of a contract. as necessary to meet the City’s requirements.

4. Award and Notification. An award may be made to the responsible offeror whose proposal will be the best value to the City, as defined in LMC 2.68.040. All offerors participating in the process shall be notified in writing on the terms and conditions of the successful award.

D. Noncompetitive Negotiations. When there is only one source, purchase can be made through solicitation and negotiation directly with that source. The affected department head shall state in writing the basis for the determination that this subsection applies, and before any purchase is made, that determination must be approved in writing by the City Manager (for $25,000 or more) or the Administrative Services Director (for less than $25,000).

2.68.390 Purchases of supplies and equipment through cooperate purchasing arrangements.

The Administrative Services Director may purchase supplies and equipment without complying with the quotation or bidding requirements of this chapter, if such purchases are based on an agreement or cooperative purchasing program entered into by any of the following public agencies, regardless of whether the City is a named party to the agreement or an actual participant in such a program:

A. 5. Award of Contract. The person or body with the appropriate approval authority corresponding to the amount of the contract to be awarded pursuant to this subsection shall also be the person or body with the authority to award the contract, provided that the City Council has budgeted funds for the contract. In the absence of a budget appropriation, a supplemental appropriation pursuant to LMC

2.68.210 is required before the contract can be awarded. Under this subsection, a contract may be awarded on either a best value or low bid basis, as determined by the City Manager or their designee prior to issuance of the solicitation. The basis upon which the award will be made shall be included in the solicitation document.

2.68.360 Exceptions to, and exemptions from, solicitation procedures.

A. Certain contracts for goods and services may not be adapted to award by either informal or competitive solicitation, but they may only be excepted or exempted from those processes as prescribed in this subsection.

B. Contracts for the following are exempted from the informal solicitation and competitive purchase processes:

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1. Emergency procurements awarded as set forth in LMC 2.68.400 and 2.68.410;

2. Bonds;

3. Insurance;

4. Legal services;

5. Membership dues, conventions, training, and travel arrangements; and,

6. Advertisements in magazines, newspapers, or other media.

C. Contracts for the following are examples of that are eligible for an exception to forego an informal solicitation or competitive purchase processes with the Administrative Services Director’s approval as set forth in LMC 2.68.360(D):

1. Sole source procurements that can only be obtained from one consultant, contractor, or vendor due to the proprietary, specialized, or unique character of the required goods or services;

2. Single source procurements that may be available from more than one source, but there is a compelling and justifiable reason such as product standardization to procure the required goods or services from a particular consultant, contractor, or vendor;

3. Contracts awarded in conjunction with cooperative purchasing programs, as set forth in LMC 2.68.370;

4. Equipment that must be compatible with existing equipment

5. Lobbying services;

6. Procurements funded by grants, donations or gifts when associated special conditions require the purchase of particular goods and/or services;

7. Works of art, entertainment, or performance;

8. Surplus personal property owned by another governmental, public, or quasi-public entity; and,

9. Where competitive bids or proposals have been solicited and no bid or proposal has been received. In such a situation the City Manager may proceed to have the services performed or the goods procured without further competitive bidding.

D. Exceptions, but not exemptions, from the informal solicitation or competitive purchase process, are subject to review and approval by the Administrative Services Director as follows:

1. The person initiating the procurement must prepare a written justification to the Administrative Services Director or their designee to request an exception that sets forth the compelling reasons to justify the request and describe the due diligence and research performed that support an exception determination; and,

2. The Administrative Service’s Director or their designee may, in their discretion, approve a request for exception upon finding that there is no competitive advantage to be gained from soliciting bids. The Administrative Regulations shall specify the factors that the Administrative Services Director or their designee must consider when exercising the discretion authorized in this section.

E. The person responsible for conducting a procurement for an exempt contract or a contract approved for exception by the Administrative Services Director pursuant to this section shall conduct negotiations, as ATTACHMENT 1
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appropriate, as to price, delivery and terms and may require the submission of cost or pricing data in connection with the award of a contract which does not require a competitive solicitation.

F. Notwithstanding the exemptions and exceptions in this section, nothing shall preclude informal solicitation or competitive bidding when determined to be in the best interest of the City or when required by law.

2.68.370 Contracts for goods and services procured through cooperative purchasing arrangements.

A. The Administrative Services Director or their designee may initiate City contracts for goods and services without conducting an informal solicitation or competitive bidding, when then procurement is based on the following cooperative purchasing arrangements or programs:

1. The California Multiple Award Schedules (CMAS), the California Communities Purchasing Program, the Western States Contracting Alliance (“WSCA”), The Cooperative Purchasing Network (“TCPN”), the National Joint Powers Alliance, the County of Alameda, the County of Contra Costa; B. The U.S. Communities Government Purchasing Alliance or the ) and Federal General Services Administration (GSA Contracts) contracts.

C. 2. Where a consultant, contractor, or vendor was awarded a contract by another public agency; said agency used solicitation procedures substantially similar to those that the City would have been required to use, the initial awarding public agency agrees to the purchase, and the initial contract was awarded within a reasonable timeframe relative to the City’s purchase.

3. Any other public, nonprofit or for profit cooperative purchasing programs or consortiums, provided the City’s:
a. The Administrative Services Director (or his or hertheir designee) approves of such participation in writing or if the underlying purchase was made using quotation or bid procedure at least as restrictive as the City’s.;
b. The City is a registered member of the cooperative; and, c. A membership fee is not required.

B. In all such cases, the supplies and equipmentgoods or services purchased must be the same or substantially similar and be offered at the same price as the supplies and equipment subject to the agreement or program, except that (:
1) up. Up to 10 percent variation is allowed for customizingensuring the orderrequired goods or for desirable options, (services meet City requirements;
2) a. A cost of living adjustment (using San Francisco-Oakland-San Jose Consumer Price Index – Urban, All Items) can be added for up to three years, and (3) the City Manager’s written approval is required for any extensions of contracts for supplies and equipment obtained through a cooperative purchasing program, provided such extensions do not exceed three years. included for the contract duration if approved by the appropriate contract award authority; and,

3. Any contract extensions beyond the initially-awarded term are approved by the appropriate award authority.

C. The City contract for goods and services solicited through a cooperative purchasing arrangement or program shall:

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1. Adhere to the general procedural requirements in LMC 2.68.120 to the greatest extent possible, and shall include language to ensure the City receives the rights and benefits conferred upon the initial awarding agency; and

2. Be awarded and signed by the body or person with the appropriate approval authority.

Article IV. Emergency Contract Approval Authority and Procedures

2.68.400 Equipment leasingEmergency procurement authority.

A. Leasing of purchasable or nonpurchasable equipment shall be in accordance with LMC 2.68.350, 2.68.360 or 2.68.370, depending upon the cost of an annual lease.

B. Each contract for the leasing or rental of equipment for the City shall contain a provision permitting the City to terminate the contract at the end of any fiscal year during the term of the contract upon not less than 30 days’ written notice to the other party.

2.68.410 Inspection and testing.

A. Authority. The City Manager and Administrative Service Director, and their respective designees, are the contract approval authorities for City contracts for goods, services, and public projects awarded to expeditiously respond to conditions caused by the existence of a local emergency regardless of amount but subject the procedures in LMC 2.68.410.

B. Ratification by City Council. Upon exercise of the emergency procurement authority authorized by this section for a contract for goods and services, or for a public works contracts, with a compensation amount greater than $200,000, the City Manager shall make a full and complete report to the City Council at a noticed meeting as soon as practicable. Upon receipt of the report, the City Council shall ratify the contract upon determining it was awarded in response to a local emergency and shall also act on a public works contract as required by California Public Contract Code section 21068 and 22050, as applicable.

2.68.410 Emergency procurement procedures.

A. City contracts for goods, services, and public projects to expeditiously respond to conditions caused by the existence of a local emergency do not need to comply with the informal solicitation or competitive bidding requirements set forth in this chapter, but shall comply with the following procedures:

1. The scope of the contract is limited to good and services, and public contracts, necessary to respond to the conditions caused by the local emergency;

2. To the extent practical under the circumstances, the contract shall be solicited, negotiated, and awarded:
a. Consistent with the solicitation procedures for goods and services set forth in Article III of this chapter; and,
b. Consistent with federal and state procurement standards to preserve the opportunity to obtain disaster reimbursement;

3. The Administrative Services Director, or his or hertheir designee, may inspect supplies, equipment and general services delivered, and determine their conformance with the specifications set forth in the order or ATTACHMENT 1
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contract. The shall submit a written report of the emergency procurement to the City Manager, including a description of the local emergency and the basis for selection of the particular contractor; and,

4. For a local emergency proclaimed pursuant to LMC 2.56.060, a copy of all emergency contracts awarded and the Administrative Services Director has the authority to require chemical and physical tests of samples submitted with bids, and samples of deliveries which are necessary to determine their quality and conformance with specifications. Director’s emergency procurement report shall also be filed in the emergency operations center and attached to the City Manager’s report to the City Council required by LMC 2.68.400.B, and the original shall be properly filed and stored with the contract in accordance with the City’s records retention schedule.

2.68.0420 Purchases of supplies and equipment through cooperative purchasing arrangements.

Repealed by Ord. 1637.

2.68.430 Surplus supplies and equipment.

Each department shall submit to the Administrative Services Director, at such times and in such forms as the Director prescribes, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Administrative Services Director has the authority to sell or otherwise dispose of all supplies and equipment which cannot be used by any department or which have become unsuitable for city use, or to exchange the same for or trade the same in on new supplies and equipment.

The Administrative Services Director, or his or her designee, may surplus the service weapons of employees of the Livermore police department upon an employee’s retirement from service with the Livermore police department.

The Administrative Services Director, or his or her designee, may surplus the badges of employees of the Livermore police department upon an employee’s retirement from service with the Livermore police department, upon an employee being promoted to a higher classification within the department, or for employees who resign in good standing with a minimum of 10 years of service with the Livermore police department.

City Manager approval is needed for disposition of supplies and/or equipment when the total estimated value exceeds $5,000. Disposition may include abandonment, destruction or donation to public bodies, charitable, civic or nonprofit organizations and may include city property which has no commercial value or for which the estimated cost of continued care, handling, maintenance or storage would exceed the estimated proceeds of sale. Sales procedures may include negotiated sales, acceptance of sealed bids or public auction.

Services of a paid auctioneer may be used, as appropriate. The Administrative Services Director also has the authority to make transfers between departments of any usable surplus supplies or equipment and which are $5,000 or less in value.

B. City contracts for public projects to expeditiously respond to conditions caused by the existence of a local emergency shall also comply with emergency contracting procedures set forth in California Public Contract Code section 21068, 22025, and 22050, as applicable.

Article V.Article IV. Public Projects

2.68.500 Public project contracting procedures.

The City shall follow the contracting procedures set forth in Article 3 of the Uniform Public Construction Cost Accounting Act as set forth in California Public Contract Code Section 22030 et seq., referred to as the “Act” for the purposes of this article. The City shall procure public projects by force account, negotiated contract, purchase order, informal bidding or formal bidding as required in accordance with the applicable dollar amount ATTACHMENT 1
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limitations under Section 22032 of the Act, as it may be amended from time to time. The City Manager shall be authorized to establish and implement administrative regulations, policies, and procedures consistent with the Act and this chapter. At the appropriate time each year, the Administrative Services Director or their designee shall prepare a notice of the contract amounts for the informal bidding and formal bidding requirements set forth in LMC 2.68.530 and LMC 2.68.540, and the contract approval and rejection authorities set forth in LMC

2.68.570 and 2.68.580.

2.6568.510 Bid splitting prohibited.

It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding.

2.68.520 Contractors list.

A list of contractors shall be developed and maintained in accordance with the provisions of the Act and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission, referred to as “the Commission” for the purposes of this article.

2.68.530 Informal bidding – Notice.

A. Where a public project to be performed is subject to the informal bidding provisions of the Act and this chapter, a notice inviting informal bids shall be delivered by mail, fax, or electronic mail to all contractors for the category of work to be bid, as shown on the list developed in accordance with LMC 2.68.520 and/or may be delivered to all construction trade journals as specified by the Commission in accordance with the Act. Delivery of notices to contractors pursuant to this section shall be completed not less than 10 calendar days before bids are due. Additional contractors and/or construction trade journals may be notified at the discretion of the City; provided, however:

1. If there is no list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting bids shall be sent to only the construction trade journals specified by the Commission.

2. If the product or service is such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

B. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids.

2.68.540 Formal bidding – Notice.

When a public project to be performed requires formal bidding, notice of such project shall be given as follows unless an exception to competitive bidding applies:
a. A. The notice shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project.
b. B. The notice shall be published at least 14 calendar days before the date of opening of the bids in a newspaper of general circulation, printed and published in the City; or if there is no newspaper printed and published within the jurisdiction of the City, in a newspaper of general circulation which is circulated within the City; or if there is no newspaper which is circulated within the jurisdiction of the City, publication shall be by posting the notice in at least three places within the jurisdiction of the City as have been designated by ordinance or regulation of the City for the posting of its notices. c. C. The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified by the Commission. The notice shall be sent at least 15 calendar days before the date of opening the bids.

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2.68.550 Exceptions.

Bidding required by LMC 2.68.540 may be dispensed with:
a. A. In an emergency as defined by LMC 2.68.040 130 pursuant to the procedures contained in the California Public Contract Code;
b. B. Design-build contracts, provided they are consistent with the requirement of the California Public Contract Code; or
c. C. If there is no competitive advantage to be gained by inviting bids (for example, where it is determined that the supplies and equipment are unique or available only from one source, and where the low bid benefits are otherwise satisfied by the Act), so that the bidding requirement required by this section would be meaningless. The basis upon which this determination is made shall be made by the City Council upon recommendation by the city engineer.

2.68.560 Modification of public works contracts.

Alterations, deviations, additions, or deletions from the original scope of work for public works projects which are determined by the City to be necessary during the progress of work shall be documented by written change orders or amendments.

A. The Community Development Director, Public Works Director, and city engineer, or their designee, may authorize change orders or amendments up to a cumulative amount not exceeding $25,000.

B. The City Manager may authorize change orders or amendments up to a cumulative amount not exceeding $50,000 or 10 percent of the overall contract price, whichever is greater.

C. The cost of each change order or amendment shall be determined by a fair and reasonable valuation, agreed to in writing by the Community Development Director or Public Works Director or designees and an authorized representative of the contractor, and shall be added to or deducted from the contract price.

2.65.570 Contracts for maintenance and other work.

Contracts for maintenance, as defined by California Public Contract Code Section 22002 and LMC

2.68.040(F130(J)(1), and for any other work which does not fall within that section’s definition of public projects, may be bid pursuant to the informal bidding procedures in LMC 2.68.530 and the formal bidding procedures in LMC 2.68.540.

2.68.580570 Award of public works contracts.

A. The City Manager is authorized to award public works contracts in accordance with the monetary limits for negotiated contracts or purchase orders as set forth in the Act, as now existing or hereafter amended.

B. The City Manager is authorized to award public works contracts in accordance with monetary limits for informal procedures as set forth in the Act, as now existing or hereafter amended, and this chapter to the lowest, responsive, and responsible bidder. If all bids are received in excess of the City Manager’s monetary authority, the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, subject to monetary limits set forth in the Act for informal bidding, as now existing or hereafter amended, if the City Council determines the cost estimate of the public agency was reasonable.

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C. Contracts subject to formal bidding under the Act shall be awarded, if at all, by the City Council to the lowest, responsive, and responsible bidder.

2.68.590580 Rejection of bids.

The City Manager or the City Council, as the case may be, may in the City Manager’s or City Council’stheir discretion, reject allany bids received and proceed as authorized by the Act. The City Manager may reject any bids that do not exceed the threshold for informal bids as specified in Public Contract Code Section 22032(b); bids exceeding this amount shall be rejected by the City Council unless otherwise delegated.

2.68.6002.68.590 Change orders to public works contracts.

A. Change orders to a public works contract that amend the original scope of work as determined to be necessary by the City during the progress of work shall be documented in writing.

B. The City Manager or their designee may authorize change orders up to a cumulative amount not exceeding $200,000 or 10 percent of the overall contract price, whichever is greater. All other change orders must be approved by the City Council.

C. The cost of each change order shall be determined by a fair and reasonable valuation, agreed to in writing by the City Manager, or their designee, and an authorized representative of the contractor, and shall be added to or deducted from the compensation amount in the public works contract.

2.68.595 Approval of plans, specifications, and designs.

In accordance with GovernmentCalifornia Public Contract Code Section 830.6 22039, as it may be amended from time to time, the City Council hereby delegates authority to the city engineerCity Engineer, or their designee, to approve plans, specifications and designs and all amendments and addenda thereto, field changes through the change order process and/or approval of as-built plans for all cityCity public works contracts.

Article VI. Additional Requirements

2.68.600 Leasing of equipment and personal property.

Leasing of purchasable or non-purchasable equipment and personal property shall follow the solicitation, award, and contract signing procedures set forth in this chapter based upon the compensation amount for the contract.

Each contract for the leasing of equipment and personal property shall contain a provision permitting the City to terminate the contract at the end of any fiscal year during the contract term of the contract upon not less than 30 days’ written notice to the other party. Leases for equipment and personal property that use a vendor’s forms shall conform to general requirements in LMC 2.68.120 to the maximum extent possible.

2.68.610 Inspection and testing.

A. The Department Head or their designee shall inspect supplies, equipment, personal property, and general services delivered, and determine their conformance with the specifications set forth in the order or contract.

B. The Department Head or their designee shall inspect all equipment and personal property leased to the City to ensure it is in a fit and satisfactory condition for the City’s use and is free from defect so that it may be safely used for its intended purpose.

C. The Department Head has the authority to require chemical and physical tests of samples submitted with bids, and samples of deliveries which are necessary to determine their quality and conformance with specifications.

2.68.620 Surplus supplies and equipment.

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A. Each department shall submit to the Administrative Services Director, at such times and in such forms as the Director prescribes, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Administrative Services Director has the authority to sell or otherwise dispose of all supplies and equipment which cannot be used by any department or which have become unsuitable for city use, or to exchange the same for or trade the same in on new supplies and equipment.

B. The Administrative Services Director or their designee may surplus the service weapons of employees of the Livermore police department upon an employee’s retirement from service with the Livermore police department.

C. The Administrative Services Director or their designee may surplus the badges of employees of the Livermore police department upon an employee’s retirement from service with the Livermore police department, upon an employee being promoted to a higher classification within the department, or for employees who resign in good standing with a minimum of 10 years of service with the Livermore police department.

D. The Administrative Services Director or their designee may surplus Livermore police department service animals upon an animal’s retirement from service with the Livermore police department, to the employee handler or otherwise.

E. City Council approval is needed for disposition of supplies and/or equipment when the total estimated value exceeds $200,000. Disposition may include abandonment, destruction or donation to public bodies, charitable, civic or nonprofit organizations and may include city property which has no commercial value or for which the estimated cost of continued care, handling, maintenance or storage would exceed the estimated proceeds of sale. Sales procedures may include negotiated sales, acceptance of sealed bids or public auction. Services of a paid auctioneer may be used, as appropriate. The Administrative Services Director also has the authority to make transfers between departments of any usable surplus supplies or equipment and which are $5,000 or less in value.

2.68.630 Ethics.

A. City employees shall discharge their duties impartially to assure fair competitive access to City procurement opportunities by responsible consultants, contractors, and vendors. Moreover, City employees shall conduct themselves in such a manner as to foster public confidence in the integrity of City procurement activities.

B. No City employee shall participate directly or indirectly in a City procurement when the employee knows that:

1. The employee or any member of the employee’s immediate family has a financial interest pertaining to the procurement; or

2. The employee or any member of the employee’s immediate family is negotiating or has an employment arrangement that is contingent upon, or will be affected by, the procurement.

C. Upon discovery of an actual or potential conflict of interest, an employee shall promptly inform the Administrative Services Director and withdraw from further participation in the procurement.

D. No person shall offer, give, or agree to give any City employee any gratuity or offer of employment in connection with a procurement by the City. No City employee shall solicit, demand, accept or agree to accept from any other person a gratuity or an offer of employment in connection with a procurement by the City.

E. No consultant, contractor, or vendors who assisted the City’s decision to identify the goods or services to be procured, and no consultant, contractor, or vendor with whom the City has contracted to prepare, or assist in ATTACHMENT 1
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the preparation of, bid or proposal documents, shall submit a bid, proposal, or quotation for the goods or services to be procured.

F. All potential consultant, contractor, or vendors shall avoid any behavior that might influence any elected or appointed officials to interfere with a solicitation, and they shall limit their communications with the City of Livermore to the person responsible for conducting that solicitation and the Administrative Services Director.

Undue influence on a solicitation may result in the consultant, contractor, or vendor being disqualified from participating in a solicitation as set forth in the administrative regulations.

2.68.640 Environmentally preferable purchases.

A. The administrative regulations shall incorporate the City’s Environmentally Preferable Purchasing and Practices Policy for environmental considerations including recycled-content and recovered organic waste product use into purchasing practices and procedures.

B. All vendors providing paper products, printing, and writing paper, and organic waste products must comply with relevant state law and city requirements.

ATTACHMENT 1
47 ORDINANCE NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE AMENDING AND RESTATING CHAPTER 2.68 CONTRACTS AND

PURCHASING OF THE LIVERMORE MUNICIPAL CODE TO UPDATE THE

DELEGATIONS OF AUTHORITY, AS WELL AS THE REQUIREMENTS AND

RESPONSIBILITIES FOR SOLICITING AND AWARDING CONTRACTS TO

PROCURE GOODS, SERVICES, AND PUBLIC PROJECTS

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

Section 1. Authority. This ordinance is adopted pursuant to the City of Livermore’s police power authority established in section 7, article XI of the California Constitution, and California Government Code sections 830.6, 4002, 4526, 37103, 53060, 53069.85, 54201-54205, California Labor Code sections 1720-1743, and California Public Contract Code sections 1101, 22200, 20161, 22002.

Section 2. Purpose. This ordinance makes several changes to the Livermore Municipal Code Chapter 2.68 Contracts and Purchasing to update the delegations of contracting authority by the City Council to specified staff members to approve and execute contracts for goods, services, and public projects on behalf of the City, and to update the City’s requirements and responsibilities for the solicitation and award of contracts for goods, services, and public projects.

Section 3. Amendment – Municipal Code. The Livermore Municipal Code Chapter 2.68 Contracts and Purchasing is hereby amended and restated to read as set forth in Exhibit A, attached hereto.

Section 4. Environmental. The passage of this ordinance is not a project according to the definition in the California Environmental Quality Act and, therefore, is not subject to the provisions requiring environmental review.

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

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

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

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on June 24, 2024, by the following vote:
48 ORDINANCE NO. ________
AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________________

MAYOR, CITY OF LIVERMORE
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Jason R. Alcala
Deborah L. Elam Jason R. Alcala
Acting City Clerk City Attorney
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Chapter 2.68

CONTRACTS AND PURCHASING
Article I. General

2.68.100 Purpose and application.

2.68.110 Purchasing policy and implementing procedures.

2.68.120 General procedural requirements for contracts.

2.68.130 Definitions.

2.68.140 Purchasing oversight.

2.69.150 Purchasing responsibilities of Department Heads.

Article II. Contract Approval Authority

2.68.200 City Council approval required.

2.68.210 Budget appropriation required.

2.68.220 Contract approval authorities.

2.68.230 Contract amendment approval authorities.

2.68.240 Contingency.

2.68.250 Delegation of contract approval authorities.

2.68.260 Discretion to not award a contract.

Article III. Solicitation Procedures

2.68.300 General procedural requirements.

2.68.310 Contracts for goods and services up to $10,000.

2.68.320 Contracts for goods and general services greater than $10,000 and up to $100,000 (informal solicitation).

2.68.330 Contracts for goods and general services greater than $100,000 (competitive bidding).

2.68.340 Contracts for professional services.

2.68.350 Competitive negotiation following a request for proposals.

2.68.360 Exceptions to, and exemptions from, solicitation procedures.

2.68.370 Contracts for goods and services procured through cooperative purchasing arrangements.

Article IV. Emergency Contract Approval Authority and Procedures

2.68.400 Emergency procurement authority.

2.68.410 Emergency procurement procedures.

Article V. Public Projects

2.68.500 Public project contracting procedures.

2.68.510 Bid splitting prohibited.

2.68.520 Contractors list.

2.68.530 Informal bidding – Notice.

2.68.540 Formal bidding – Notice.

2.68.550 Exceptions.

2.68.560 Contracts for maintenance and other work.

2.68.570 Award of public works contracts.

2.68.580 Rejection of bids.

2.68.690 Change orders to public works contracts.

2.68.595 Approval of plans, specifications, and designs.

Article VI. Additional Requirements

2.68.600 Leasing equipment and personal property.

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2.68.610 Inspection and testing.

2.68.620 Surplus supplies and equipment.

2.68.630 Ethics.

2.68.640 Environmentally preferable purchases.

EXHIBIT A
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Article I. General

2.68.100 Purpose and application.

The purpose of this chapter is to:
a. Clearly define authority for the City’s purchasing function and delegate authority to persons to sign City contracts to procure goods and services, and for public projects; b. Establish efficient procedures to award and sign City contracts to procure goods, general services, and professional services;
c. Establish efficient procedures to award and sign public works contracts for the City; d. Ensure City contracts for goods, general services, and public projects are awarded at the lowest possible cost commensurate with quality needed;
e. Ensure contracts for qualified professional services are awarded to qualified consultants at the lowest possible cost commensurate with quality needed, and all contracts for professional services are awarded to the consultants best able to provide the needed services at a cost commensurate with the quality needed;
f. Ensure the quality of the goods and services purchased by the City are fit for their intended purpose; and,
g. Exercise positive financial control over City procurement contracts.

Except as otherwise provided herein, this chapter applies to all City contracts goods, services, and public projects, but it does not apply to other City contracts.

2.68.110 Purchasing policy and implementing procedures.

Other relevant provisions of law or regulation notwithstanding, this chapter establishes the City’s purchasing policy. For operational efficiency and effectiveness, the City Manager is directed to prepare administrative regulations to implement the provisions of this chapter in coordination with the Administrative Services Director and the City Attorney, or their respective designees. In the event of a conflict between the administrative regulations and the provisions of this chapter, the provisions of this chapter shall govern. In the event of a conflict between this chapter and a state or federal law, the provisions of the state or federal law shall govern.

2.68.120 General procedural requirements for contracts.

A. All City contracts for goods, services, and public projects shall conform with the procedural requirements set forth in this chapter to solicit, award, and sign contracts for the City, except as otherwise specified elsewhere in the LMC, or in state or federal law.

B. The general procedural requirements for all City contracts for goods, services, and public projects are as follows:

1. All City contracts for goods, services, and public projects shall be in writing and shall be awarded as set forth in this chapter and signed in the name of the City by the body or person with the appropriate approval authority. Oral contracts are specifically prohibited and shall not be binding on the City;

2. As applicable, all City contracts for goods, services, and public projects must include appropriate insurance provisions as required by the City’s Risk Manager or their designee, and indemnity provisions as required by the City Attorney or their designee;

3. As applicable, all public works contracts must include the appropriate bonds or other security as required by the California Civil Code, the California Public Contracts Code, and other applicable law and regulation for the public work, in the maximum amounts allowed by law, as well as warranty and maintenance bonds specified by the City Manager in the administrative regulations for public projects;

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5. A signed original of each City contract for goods, services, and public works shall be filed with the City Clerk’s Office, except for purchase orders that shall be filed in the Administrative Services Department as directed by the Administrative Services Director;

6. For operational efficiency and effectiveness, the City Manager or their designee may, in coordination with the City Attorney and Risk Manager, establish the conditions for the use of purchase orders or other efficient forms or methods of procurement in place of, or in addition to, duly signed written contracts, which conditions shall be reflected in the administrative regulations; and,

2.68.130 Definitions.

For the purposes of this chapter, the following definitions shall apply:

A. “Administrative Services Director” means the Administrative Services Director of the City who is the City’s purchasing agent pursuant to LMC 2.28.030.

B. “Amendment” means any change to a contract.

C. “Best value means the best overall value to the City for goods, general services, and qualified professional services contracts based on all factors, including, but not limited to, the following:

1. Total cost;

2. The ability, capacity, and skill of the consultant, contractor, or vendor to provide the desired goods and services;

3. The ability of the consultant, contractor, or vendor to provide the desired goods and services promptly or within the time specified without delay or interference;

4. The character, integrity, reputation, judgment, experience, and efficiency of the consultant, contractor, or vendor;

5. The quality of the consultant, contractor, or vendor’s performance on previous purchases or contracts with the City or requested references;

6. The consultant’s demonstrated competence for qualified professional services contracts; and,

7. The ability of the consultant, contractor, or vendor to provide future maintenance, repair, parts, and services for the use of the supplies purchased.

D. “Change order” means an amendment to a public works contract that changes the contract’s scope of work to be performed, the amount of time to complete the work, the compensation to be paid for materials, labor, or equipment, and other material terms, conditions, and aspects of work.

E. “Consultant” means the party to a contract who is providing professional services to the City.

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53 5
F. “Contract” for the purpose of this chapter means any formal written agreement between the City and a consultant, contractor, or vendor that creates mutual obligations that are enforceable by law. The basic elements for a contract are mutual assent, a valid offer and acceptance, consideration, capacity, and legality. For the purposes of this chapter, the terms “contract” and “agreement” are synonymous, and the term “contract” includes, but is not limited to, a purchase order, blanket purchase order, contract for general services, contract for professional services, contract for maintenance, leasing agreement for personal property or equipment, letter agreement, memorandum of agreement, and an amendment to any of those documents. The term “contract” does not include memorandums of understanding that do not create mutual obligations that are enforceable by law.

G. “Contractor” means the party to a general services contract who is providing general services to the City, and the party to a public works contract with the City for a public project.

I. “Emergency” means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services as defined by California Public Contract Code Section 1102, and the conditions defined as an “emergency” in LMC 2.56.020.

J. “General services” means and includes any work performed or services rendered by an independent contractor, with or without the furnishing of materials, including but not limited to the following, but does not include work on a public project:

1. “Maintenance work” as defined by California Public Contract Code Section 22002, as it may be amended from time to time, which includes all of the following:
a. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.
b. Minor repainting.
c. Resurfacing of streets and highways less than one inch. d. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. e. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher.

2. Repair, modification, and maintenance of City equipment and technology products.

3. Cleaning, analysis, testing, moving, removal or disposal (other than by sale) of City goods;

4. Providing other miscellaneous services to facilitate City operations;

5. Performing repair, demolition, or other work required to abate nuisances;

6. Licensing software;

7. Leasing of equipment and personal property for use by the City as set forth in LMC 2.68.600; and,

EXHIBIT A
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8. A maintenance agreement for equipment owned or leased by the City.

K. ”Goods” means and includes all such supplies, materials, equipment, personal property, and other items purchased for the City for its operations, but “goods” does not include items furnished for a public project.

The term “goods” also includes equipment and personal property leased by the City as set forth in LMC

2.68.600.

L. “Low bid” means the bid with the lowest compensation amount proposed by a responsive bidder to a contract solicitation.

N. “Professional services” means the services of a specially trained and experienced person, firm, or corporation for special services in financial, economic, accounting, engineering legal, and administrative matters within the scope of California Government Code Section 37103 as it may be amended from time to time, as well as similar services and other services such as medical services that require special training, experience, and educational certifications. “Professional services” shall also include contracts with providers of temporary personnel services.

O. “Public project” means a public project as defined by California Public Contract Code Sections 20161 and 22002, as those statutes may be amended from time to time, and includes the following:

1. Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.

2. Painting or repainting of any publicly owned, leased or operated facility.

P. “Public works contract” means a City contract for a public project.

R. “Responsible bidder” means a bidder for a public works contract who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the work required.

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U. “Sole source” means a consultant, contractor, or vendor who, to the best of the City’s knowledge based upon thorough research, is the only one capable of providing the City’s required goods or services solicited for the City’s needs and circumstances.

V. “Technology product” means hardware, software, and communications equipment, as well as related equipment or goods that incorporate any such items.

W. “Vendor” means the party to a contract who is selling goods, or leasing equipment or personal property, to the City.

2.68.140 Purchasing oversight.

2.68.150 Purchasing responsibilities of Department Heads.

Each Department Head shall be aware of the procurement needs within their respective departments, and shall ensure that all City contracts for goods, services, and public projects for their respective departments are made in compliance with this chapter. The Community Development Director has the additional responsibility for ensuring the City Engineer complies with this chapter for public works contracts. Each Department Head shall ensure the persons preparing contracts for goods and services within their respective departments comply with the following:
a. Prepare solicitation materials, as needed, for each procurement; b. Make a good faith estimate of the compensation amount for each procurement to determine the appropriate solicitation procedure;
c. Ensure that the proper solicitation procedure is followed based on the estimated compensation amount for the procurement;
d. Evaluate received bids or proposals in accordance with the selection criteria and process described in this chapter and the administrative regulations;
e. Ensure that each contract for goods and services is awarded consistent with the requirements in this chapter and the administrative regulations;
f. Ensure that sufficient funds are appropriated to pay the compensation amount specified in the contract; g. Ensure that the consultant, contractor, or vendor selected for the contract award has obtained appropriate insurance certificates with endorsement meeting the contract requirements, as applicable, before the contract is signed for the City, and thereafter maintains appropriate insurance certificates at all times during the term of the agreement;
h. Ensure that the consultant, contractor, or vendor selected for the contract award has obtained an appropriate City business license before the contract is signed for the City, and thereafter maintains an appropriate business license all times during the term of the agreement; i. Ensure that each contract for goods and services is signed by the consultant, contractor, or vendor before it is signed for the City;

EXHIBIT A
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j. Ensure that each contract for goods and services is signed for the City by a person or body with appropriate approval authority based on the contract’s compensation amount; k. Inspect goods, general services, equipment, and personal property delivered to the City to ensure their conformance with the contract specifications;
l. Inspect all equipment and personal property leased to the City to ensure it is in a fit and satisfactory condition for the City’s use and is free from defect so that it may be safely used for its intended purpose; m. Monitor the performance of consultant, contractor, or vendor under approved contracts to ensure compliance with contract requirements;
n. Recommend and prepare contract amendments as needed and ensuring that the amendments are approved and signed by a person or body with appropriate approval authority, and that sufficient funds are appropriated to pay for the compensation specified by the amendment; o. Ensure that due diligence is performed before preparing a written justification for submission to the Administrative Services Director requesting an exception pursuant to LMC 2.68.360(B) to forego an informal solicitation or a competitive purchase process for a sole source or single source contract in accordance with this chapter and the administrative regulations; p. Take reasonable steps to avoid conflicts of interest in the purchasing process; q. Keep sufficient records of all departmental contracts and expenditures and ensuring that such records are properly filed and stored in accordance with the City’s records retention schedule; and, r. Submit reports to the Administrative Services Director showing all departmental supplies and equipment that are no longer used or have become obsolete or worn out so that the City Manager or their designee can transfer surplus or unused goods between departments, or sell, exchange, or trade in such supplies and equipment, if desired,
Article II. Contract Approval Authority

2.68.200 City Council approval required.

City Council approval is required for all City contracts for goods, services, and public projects unless otherwise specified in this chapter, the LMC, or in another provision of federal or state law.

2.68.210 Budget appropriation required.

2.68.220 Contract approval authorities.

A. General. All City contracts for goods, services, and public projects shall only be awarded and signed by a person or body with the appropriate approval authority for the City as set forth in this subsection 2.68.220 or as otherwise authorized by City Council resolution. Likewise, all amendments to contracts for goods and services, and all change orders to public works contracts, shall only be signed by a person or body with the appropriate approval authority as set forth herein.

B. Approval Authority. The authority to award, approve, and sign City contracts for goods, services, and public works projects for the City is as follows:

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2. City Manager. The City Manager shall be the contract approval authority for:
a. Contracts for goods and services that have a compensation amount up to $200,000, and amendments to contracts for goods and services as set forth in LMC 2.68.230. b. Public works contracts for resulting from informal bidding procedures up to the amount specified in California Public Contract Code Section 22032(b), as set forth in LMC 2.68.530, and change orders to public works contracts consistent with LMC 2.68.590. c. Goods and services contracts, the cost of which will be fully paid or reimbursed to the City, regardless of the compensation amount.
d. Contracts with public agencies or public utility companies regarding construction of public improvements or utility facilities, or for community social or recreational services, or for the use of City property or facilities in accordance with established administrative regulations and guidelines, which require no payment of money by the City in excess of $200,000 or which provide for payment of money to the City under each contract.
e. The City Manager’s authority to enter into contracts and other documents for the City to settle litigation, government claims, and administrative proceedings is set forth in LMC Chapter 3.40. f. For operational efficiency and effectiveness, the City Manager may:

3. City Attorney. The City Attorney shall be the contract approval authority for:
a. Contracts for goods and services related to the activities or functions of the office of the City Attorney that have a compensation amount up to $150,000, and amendments to those contracts consistent with LMC 2.68.230.

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b. Contracts to appoint and retain outside legal counsel to prosecute lawsuits for the City or defend the City against lawsuits regardless of the compensation amount but subject to budget appropriation.

The City Attorney’s authority to enter into contracts and other documents for the City to settle litigation, government claims, worker’s compensation claims, and administrative proceedings is set forth in LMC Chapter 3.40.
c. Contracts for the City’s membership in public agencies organized and operating under California Government Code Section 6507 and related provisions of law that authorize the creation and operation of governmental joint powers authorities under California Law to self-insure and pool resources for excess losses, regardless of the compensation amount but subject to budget appropriation.
d. Contracts for insurance to protect and cover City facilities and operations, and for trust accounts maintained to satisfy the City’s trust fund requirements for its excess liability pools, regardless of the compensation amount but subject to budget appropriation.

4. Administrative Services Director. The Administrative Services Director shall be the contract approval authority for:
a. Contracts for goods and general services that have a compensation amount up to $150,000, and amendments those contracts consistent with LMC 2.68.230. b. Contracts for professional services that have a compensation amount up to $100,000, and amendments those contracts consistent with LMC 2.68.230.

2.68.230 Contract amendment approval authorities.

A. All contract amendments must be in writing, signed by a person or body with the appropriate approval authority specified in LMC 2.68.220, and properly filed and stored with the original contract in accordance with the City’s records retention schedule. Oral contract amendments are specifically prohibited and shall not be binding on the City.

2.68.240 Contingency.

To account for unforeseen conditions that may impact the scope of work, pricing offered, quantity of goods or terms in a contract for goods and services, the City Manager has authority for an additional contract contingency amount not to exceed $20,000, which is in addition to the approval authority set forth in LMC 2.68.220, that may be used in the City Manager’s discretion to approve an amendment to a contract for goods and to ensure successful contract completion..

2.68.250 Delegation of contract approval authorities.

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b. The City Attorney may delegate contract approval and amendment authority in writing to other employees in the City Attorney’s Office if such delegation is deemed necessary for effective procurement. Such delegated contract approval authority shall not exceed the City Attorney’s contract approval authority in LMC 2.68.220. However, the City Attorney may only delegate the authority to review and approve contracts, bonds, or security as to form to attorneys within the City Attorney’s Office or otherwise designated by the City Attorney.
c. The Administrative Services Director may delegate contract approval and amendment authority in writing to other employees in the Administrative Service Department if such delegation is deemed necessary for effective procurement. Such delegated contract approval authority shall not exceed the Administrative Services Director’s contract approval authority in LMC 2.68.220.

2.68.260 Discretion to not award a contract.

Article III. Solicitation Procedures

2.68.300 General procedural requirements.

A. Prior to contracting for goods and services, the Department Head or their designee for the initiating department shall:

2. Make a reasonable and good faith estimate of the anticipated compensation amount to be paid for the goods and services, which estimate shall be filed in the department’s procurement file;

3. Ensure solicitation is conducted in strict accordance with the procedures established in this Article III Solicitation Procedures and the administrative regulations;

4. Ensure all solicitations are in writing. Oral quotes, bids, or proposals shall not be accepted;

5. Ensure the documents and instructions to be used for soliciting bids, proposals, or price quotations shall be those provided and required by the Administrative Services Director;

6. If submitted bids or proposals exceed the compensation amounts for the solicitation procedures used for the contract, conducting a new solicitation if directed by the City Manager or Administrative Services Director; and,

7. Ensuring procurements are not split or separated into smaller components for the purpose of circumventing the solicitation or contract approval requirements specified in this chapter.

C. All potential consultant, contractor, or vendors shall avoid any behavior that might influence any elected or appointed officials to interfere with a solicitation, and they shall limit their communications with the City of Livermore to the person responsible for conducting that solicitation and the Administrative Services Director.

Undue influence on a solicitation may result in the consultant, contractor, or vendor being disqualified from participating in a solicitation as set forth in the administrative regulations.

EXHIBIT A
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D. The solicitation procedures in this Article III shall be followed for contracts for goods and services, and the solicitation procedures in Article V shall be followed for public works contracts for public projects.

2.68.310 Contracts for goods and services up to $10,000.

2.68.320 Contracts for goods and general services greater than $10,000 and up to $100,000 (informal solicitation).

An informal solicitation process is required for City contracts to procure goods and general services that have a compensation amount greater than $10,000 and that do not exceed $100,000. The informal solicitation process shall comply with the procedures specified in this subsection and the administrative regulations as follows:
a. Notice inviting quotations. The department representative shall invite quotations by written request (including facsimile or electronic mail) or telephone to prospective vendors. The administrative regulations may allow for the use of catalogs to obtain price quotes for the purposes of this subsection. b. Quotations. Written quotations shall be submitted to the department representative, who shall keep a record of all open market quotes for a period of one year after the submission of quotes. This record is open to public inspection. All quotations must be in writing. c. Minimum number of quotations. The award of contracts using the informal solicitation process shall, whenever possible, be based on the solicitation of at least three written quotations. d. No responsive quotations. If no quotations, or no responsive quotations, are received after informal solicitation, the Administrative Services Director or City Manager may proceed to negotiate the contract for the goods and services in the open market using the process set forth in LMC 2.68.310. e. Basis for award. Under this subsection, a contract may be awarded on either a best value or low bid basis, as determined by the Administrative Services Director or their designee prior to soliciting informal bids or proposals. The basis upon which the award is made shall be included in the solicitation document, if one is used, or otherwise communicated in writing to prospective bidders in the same manner as the solicitation.
f. Award of contract and appropriation. The contract shall be awarded by the person or body with the appropriate approval authority to sign the contact for the City as set forth in LMC 2.68.210 based upon the contract’s compensation amount, provided that the City Council has budgeted funds for the contract. g. Payment and Performance Bonds. The Administrative Services Director has the authority to require a payment bond, a performance bond, or both, for a City contract, in such amount as is reasonably necessary to protect the best interests of the City. If the Administrative Services Director requires such bonding, the form and amount of the bond(s) shall be described in the notice inviting bids, and the form for each bond must be approved as to form by the City Attorney

2.68.330 Contracts for goods and general services greater than $100,000 (competitive bidding).

EXHIBIT A
61 13
A. A competitive bidding process is required for City contracts to procure goods and general services with compensation amounts greater than $100,000. The competitive solicitation process shall comply with the procedures specified in this subsection and the administrative regulations as follows:

1. Notice Inviting Bids. The notice inviting bids shall include a description of the goods or general services to be purchased, and shall state where bid forms and specifications may be secured, and the final time and place for submitting bids.
a. Published Notice. The notice inviting bids shall be published at least 10 business days before the date of opening of the bids. Notice shall be published at least once in a newspaper of general circulation, printed and published locally. In addition, notice inviting bids may also be published electronically.
b. Bidder’s List. The Administrative Services Director may require a bidder’s list for competitive bidding, which requirements shall be specified in the Administrative Regulations for this Chapter. If a bidder’s list is required, then the notice inviting bids shall also solicit sealed bids from responsible prospective consultants, contractors, or vendors whose names are on the bidder’s list.

2. Bidder’s Security. When deemed necessary, the Administrative Services Director shall require bidder security as specified in the administrative regulations. The administrative regulations shall provide that bidders are entitled to the return of bid security upon execution of the contract or upon the City’s republishing of a notice inviting bids, provided that a successful bidder forfeits his bid security upon refusal or failure to execute the contract within 10 business days after the notice of award of contract has been mailed, unless the City is responsible for the delay.

3. Bid Opening Procedure. Bidders shall submit sealed bids to the Administrative Services Director and shall identify them as bids on the envelope as specified in the administrative regulations. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.

4. Rejection of Bids. If it is determined to be in the best interest of the City, the City Manager or City Council may reject any and all bids presented. The City Manager or their designee shall have the authority to reject bids or proposals up to $200,000. Bids or proposals exceeding $200,000 shall be rejected by the City Council unless such authority is delegated to the City Manager.

5. No Responsive Bid. If no bid, or no responsive bid, is received after inviting bids under this section, the Administrative Services Director or City Manager may proceed to negotiate a contract for the goods and services in the open market using the process set forth in LMC 2.68.310.

7. Payment and/or Performance Bonds. The Administrative Services Director has the authority to require a payment and/or performance bond before entering a contract, in such amount as is reasonably necessary to protect the best interests of the City. If the Administrative Services Director requires such bonding, the form and amount of the bond(s) shall be described in the notice inviting bids, and the bond must be approved as to form by the City Attorney.

EXHIBIT A
62 14
B. The person or body with the appropriate approval authority to award and sign the contract for the City may, in their discretion, waive inconsequential bid irregularities that do not give a bidder an unfair competitive advantage over any other bidder.

2.68.340 Contracts for professional services.

1. A compensation amount that is fair, reasonable, and competitive;

2. The quality of the services offered;

3. The consultant’s ability, capacity, and skill to provide the services promptly, within the time specified, within budget, and without delay or interference;

4. The credentials and licenses of the person or business, if required;

5. The consultant’s character, integrity, reputation, judgment, training, experience, and efficiency;

6. The consultant’s knowledge of local conditions;

8. The sufficiency of the consultant’s financial capacity and other resources; and

9. The consultant’s ability to provide such future service as may be needed.

2.68.350 Competitive negotiation following a request for proposals.

B. The process for competitive negotiation of contracts shall comply with the following as implemented in the administrative regulations:

EXHIBIT A
63 15
offerors’ proposals will be evaluated, including price or cost as applicable, and the relative importance of each criterion. Proposals must be solicited from an adequate number of qualified sources to permit reasonable competition.

2. Receipt of Proposals. Sealed proposals must be submitted by offerors by the date and time specified on the prescribed forms and shall be identified by the request-for-proposal number.

3. Evaluation of Proposals. Submitted proposals shall be evaluated in accordance with the evaluation criteria and process identified in the solicitation document, which may include evaluation of the written submittals; interviews, presentations and/or product demonstrations as applicable; reference checks; and other factors as necessary to determine a rank order of proposals.

Responsible offerors shall be accorded fair and equal treatment with respect to opportunity for discussion and revision of proposals as necessary to meet the City’s requirements.

5. Award of Contract. The person or body with the appropriate approval authority corresponding to the amount of the contract to be awarded pursuant to this subsection shall also be the person or body with the authority to award the contract, provided that the City Council has budgeted funds for the contract.

2.68.360 Exceptions to, and exemptions from, solicitation procedures.

B. Contracts for the following are exempted from the informal solicitation and competitive purchase processes:

1. Emergency procurements awarded as set forth in LMC 2.68.400 and 2.68.410;

2. Bonds;

3. Insurance;

4. Legal services;

5. Membership dues, conventions, training, and travel arrangements; and,

6. Advertisements in magazines, newspapers, or other media.

EXHIBIT A
64 16

1. Sole source procurements that can only be obtained from one consultant, contractor, or vendor due to the proprietary, specialized, or unique character of the required goods or services;

3. Contracts awarded in conjunction with cooperative purchasing programs, as set forth in LMC 2.68.370;

4. Equipment that must be compatible with existing equipment

5. Lobbying services;

6. Procurements funded by grants, donations or gifts when associated special conditions require the purchase of particular goods and/or services;

7. Works of art, entertainment, or performance;

8. Surplus personal property owned by another governmental, public, or quasi-public entity; and,

D. Exceptions, but not exemptions, from the informal solicitation or competitive purchase process, are subject to review and approval by the Administrative Services Director as follows:

E. The person responsible for conducting a procurement for an exempt contract or a contract approved for exception by the Administrative Services Director pursuant to this section shall conduct negotiations, as appropriate, as to price, delivery and terms and may require the submission of cost or pricing data in connection with the award of a contract which does not require a competitive solicitation.

2.68.370 Contracts for goods and services procured through cooperative purchasing arrangements.

1. The California Multiple Award Schedules (CMAS) and Federal General Services Administration (GSA) contracts.

EXHIBIT A
65 17

2. Where a consultant, contractor, or vendor was awarded a contract by another public agency; said agency used solicitation procedures substantially similar to those that the City would have been required to use, the initial awarding public agency agrees to the purchase, and the initial contract was awarded within a reasonable timeframe relative to the City’s purchase.

3. Any other public, nonprofit or for profit cooperative purchasing programs or consortiums, provided:
a. The Administrative Services Director or their designee approves of such participation in writing or if the underlying purchase was made using quotation or bid procedure at least as restrictive as the City’s;
b. The City is a registered member of the cooperative; and, c. A membership fee is not required.

B. In all such cases, the goods or services purchased must be the same or substantially similar and be offered at the same price as the supplies and equipment subject to the agreement or program, except that:

1. Up to 10 percent variation is allowed for ensuring the required goods or services meet City requirements;

2. A cost of living adjustment (using San Francisco-Oakland-San Jose Consumer Price Index – Urban, All Items) can be included for the contract duration if approved by the appropriate contract award authority; and,

3. Any contract extensions beyond the initially-awarded term are approved by the appropriate award authority.

C. The City contract for goods and services solicited through a cooperative purchasing arrangement or program shall:

2. Be awarded and signed by the body or person with the appropriate approval authority.

Article IV. Emergency Contract Approval Authority and Procedures

2.68.400 Emergency procurement authority.

2.68.410 Emergency procurement procedures.

EXHIBIT A
66 18
A. City contracts for goods, services, and public projects to expeditiously respond to conditions caused by the existence of a local emergency do not need to comply with the informal solicitation or competitive bidding requirements set forth in this chapter, but shall comply with the following procedures:

1. The scope of the contract is limited to good and services, and public contracts, necessary to respond to the conditions caused by the local emergency;

3. The Administrative Services Director, or their designee, shall submit a written report of the emergency procurement to the City Manager, including a description of the local emergency and the basis for selection of the particular contractor; and,

4. For a local emergency proclaimed pursuant to LMC 2.56.060, a copy of all emergency contracts awarded and the Administrative Services Director’s emergency procurement report shall also be filed in the emergency operations center and attached to the City Manager’s report to the City Council required by LMC 2.68.400.B, and the original shall be properly filed and stored with the contract in accordance with the City’s records retention schedule.

Article V. Public Projects

2.68.500 Public project contracting procedures.

The City shall follow the contracting procedures set forth in Article 3 of the Uniform Public Construction Cost Accounting Act as set forth in California Public Contract Code Section 22030 et seq., referred to as the “Act” for the purposes of this article. The City shall procure public projects by force account, negotiated contract, purchase order, informal bidding or formal bidding as required in accordance with the applicable dollar amount limitations under Section 22032 of the Act, as it may be amended from time to time. The City Manager shall be authorized to establish and implement administrative regulations, policies, and procedures consistent with the Act and this chapter. At the appropriate time each year, the Administrative Services Director or their designee shall prepare a notice of the contract amounts for the informal bidding and formal bidding requirements set forth in LMC 2.68.530 and LMC 2.68.540, and the contract approval and rejection authorities set forth in LMC

2.68.570 and 2.68.580.

2.68.510 Bid splitting prohibited.

2.68.520 Contractors list.

EXHIBIT A
67 19
A list of contractors shall be developed and maintained in accordance with the provisions of the Act and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission, referred to as “the Commission” for the purposes of this article.

2.68.530 Informal bidding – Notice.

Delivery of notices to contractors pursuant to this section shall be completed not less than 10 calendar days before bids are due. Additional contractors and/or construction trade journals may be notified at the discretion of the City; provided, however:

B. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project and state the time and place for the submission of bids.

2.68.540 Formal bidding – Notice.

When a public project to be performed requires formal bidding, notice of such project shall be given as follows unless an exception to competitive bidding applies:
a. The notice shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project.
b. The notice shall be published at least 14 calendar days before the date of opening of the bids in a newspaper of general circulation, printed and published in the City; or if there is no newspaper printed and published within the jurisdiction of the City, in a newspaper of general circulation which is circulated within the City; or if there is no newspaper which is circulated within the jurisdiction of the City, publication shall be by posting the notice in at least three places within the jurisdiction of the City as have been designated by ordinance or regulation of the City for the posting of its notices. c. The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified by the Commission. The notice shall be sent at least 15 calendar days before the date of opening the bids.

2.68.550 Exceptions.

Bidding required by LMC 2.68.540 may be dispensed with:
a. In an emergency as defined by LMC 2.68.130 pursuant to the procedures contained in the California Public Contract Code;
b. Design-build contracts, provided they are consistent with the requirement of the California Public Contract Code; or
c. If there is no competitive advantage to be gained by inviting bids (for example, where it is determined that the supplies and equipment are unique or available only from one source, and where the low bid benefits are otherwise satisfied by the Act), so that the bidding requirement required by this section would be meaningless. The basis upon which this determination is made shall be made by the City Council upon recommendation by the city engineer.

EXHIBIT A
68 20

2.68.560 Contracts for maintenance and other work.

Contracts for maintenance, as defined by California Public Contract Code Section 22002 and LMC

2.68.130(J)(1), and for any other work which does not fall within that section’s definition of public projects, may be bid pursuant to the informal bidding procedures in LMC 2.68.530 and the formal bidding procedures in LMC

2.68.540.

2.68.570 Award of public works contracts.

C. Contracts subject to formal bidding under the Act shall be awarded, if at all, by the City Council to the lowest responsive and responsible bidder.

2.68.580 Rejection of bids.

The City Manager or the City Council, as the case may be, may in their discretion, reject any bids received and proceed as authorized by the Act. The City Manager may reject any bids that do not exceed the threshold for informal bids as specified in Public Contract Code Section 22032(b); bids exceeding this amount shall be rejected by the City Council unless otherwise delegated.

2.68.590 Change orders to public works contracts.

A. Change orders to a public works contract that amend the original scope of work as determined to be necessary by the City during the progress of work shall be documented in writing.

2.68.595 Approval of plans, specifications, and designs.

In accordance with California Public Contract Code Section 22039, as it may be amended from time to time, the City Council hereby delegates authority to the City Engineer, or their designee, to approve plans, specifications and designs and all amendments and addenda thereto, field changes through the change order process and/or approval of as-built plans for all City public works contracts.

Article VI. Additional Requirements

2.68.600 Leasing of equipment and personal property.

EXHIBIT A
69 21
Each contract for the leasing of equipment and personal property shall contain a provision permitting the City to terminate the contract at the end of any fiscal year during the contract term of the contract upon not less than 30 days’ written notice to the other party. Leases for equipment and personal property that use a vendor’s forms shall conform to general requirements in LMC 2.68.120 to the maximum extent possible.

2.68.610 Inspection and testing.

2.68.620 Surplus supplies and equipment.

A. Each department shall submit to the Administrative Services Director, at such times and in such forms as the Director prescribes, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Administrative Services Director has the authority to sell or otherwise dispose of all supplies and equipment which cannot be used by any department or which have become unsuitable for city use, or to exchange the same for or trade the same in on new supplies and equipment.

2.68.630 Ethics.

EXHIBIT A
70 22
B. No City employee shall participate directly or indirectly in a City procurement when the employee knows that:

1. The employee or any member of the employee’s immediate family has a financial interest pertaining to the procurement; or

2. The employee or any member of the employee’s immediate family is negotiating or has an employment arrangement that is contingent upon, or will be affected by, the procurement.

C. Upon discovery of an actual or potential conflict of interest, an employee shall promptly inform the Administrative Services Director and withdraw from further participation in the procurement.

E. No consultant, contractor, or vendors who assisted the City’s decision to identify the goods or services to be procured, and no consultant, contractor, or vendor with whom the City has contracted to prepare, or assist in the preparation of, bid or proposal documents, shall submit a bid, proposal, or quotation for the goods or services to be procured.

Undue influence on a solicitation may result in the consultant, contractor, or vendor being disqualified from participating in a solicitation as set forth in the administrative regulations.

2.68.640 Environmentally preferable purchases.

B. All vendors providing paper products, printing, and writing paper, and organic waste products must comply with relevant state law and city requirements.

EXHIBIT A
71 CITY COUNCIL STAFF REPORT ITEM NO. 5.2
DATE: June 24, 2024
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing execution of a first amendment to the agreement with Precision Emprise, LLC, dba Precision Concrete Cutting for on-call concrete cutting services increasing the not-to-exceed contract amount from $500,000 to $1,000,000 and extending the term of the agreement to December 30, 2027.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute the first amendment to the agreement with Precision Emprise, LLC, dba Precision Concrete Cutting for on-call concrete cutting services increasing the not-to-exceed contract amount from $500,000 to $1,000,000 and extending the term of the agreement to December 30, 2027.

SUMMARY
The City of Livermore (City) needs concrete cutting services to remove tripping hazards from City sidewalks. Staff evaluated various options to repair noncompliant locations adjacent to City-owned or maintained properties and have identified concrete cutting or slicing as a cost-effective solution that can be performed at locations with an elevation difference of up to two inches.

On March 1, 2023, the City entered into an agreement for services with Precision Concrete Cutting to provide on-call concrete cutting services with a term ending on December 30, 2025.

Precision has been providing quality services under the original contract. This first amendment increases the not-to-exceed contract amount from $500,000 to $1,000,000, which will allow the City to address additional sidewalk lifts on City-owned or maintained properties and remove tripping hazards as needed at other critical locations and extends the term of the agreement to December 30, 2027.

DISCUSSION
On March 1, 2023, the City entered into an agreement for services with Precision Concrete Cutting to provide on-call concrete cutting services. To date Precision Concrete Cutting has sliced 600 public sidewalk locations in high traffic areas. Precision Concrete also inspected and marked 70 miles of 72 sidewalks in high traffic areas which includes approximately 360 public sidewalk locations and 2,000 private sidewalk locations. Of these, approximately 300 public sidewalk locations and 1,700 private sidewalk locations have lifts under two inches and can be sliced.

To date approximately $470,000 of the contract amount has been spent. Increasing the Precision Concrete Cutting contract amount from $500,000 to $1,000,000 will allow the City to continue to concrete slice at City-owned or maintained properties, remove tripping hazards as needed at other critical locations, and provide other support services.

FISCAL AND ADMINISTRATIVE IMPACTS
Funding for services rendered under this agreement will be derived from the various capital improvement projects in the approved FY 2023-28 Capital Improvement Plan. Therefore, no additional appropriation is necessary.

COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
10: Work to make a safe and efficient local transportation network and address safety concerns

ATTACHMENTS

1. Resolution

2. Exhibit A - First Amendment
Prepared by: Kristina Mai
Associate Civil Engineer
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
73 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO THE

AGREEMENT WITH PRECISION EMPRISE, LLC, DBA PRECISION CONCRETE

CUTTING FOR ON-CALL CONCRETE CUTTING SERVICES INCREASING THE NOT-TO-EXCEED CONTRACT AMOUNT FROM $500,000 TO $1,000,000 AND EXTENDING THE TERM OF THE AGREEMENT TO DECEMBER 30, 2027 (Sidewalk Repair 2023 Project 2023-02)
On March 1, 2023, the City of Livermore (“City”) entered into an agreement for services with Precision Emprise, LLC, dba Precision Concrete Cutting for on-call concrete cutting services. This first amendment will provide additional concrete cutting services in the amount of $500,000, increasing the total contract amount from $500,000 to $1,000,000 and extending the term of the agreement to December 30, 2027.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to execute a first amendment to the agreement for services with Precision Emprise, LLC dba Precision Concrete Cutting for on-call concrete cutting services, attached hereto as Exhibit A, increasing the not-toexceed contract amount from $500,000 to $1,000,000 and extending the term of the agreement to December 30, 2027.

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on June 24, 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 – First Amendment - Precision Concrete Cutting 74 Amendment – General Services
Rev. 09/19/23

FIRST AMENDMENT TO AGREEMENT FOR SERVICES
THIS FIRST AMENDMENT is made and entered into this ____ day of ________, 2024, by and between the City of Livermore (“City”), a municipal corporation, and Precision Emprise, LLC, dba Precision Concrete Cutting (“Contractor”), a California Limited Liability Company.

RECITALS
On March 1, 2023, City and Contractor entered into an agreement for Contractor to provide professional concrete cutting services to City (“Original Agreement”). Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

City and Contractor desire to amend the Original Agreement to increase the compensation by $500,000 and to extend the term of the Original Agreement from December 30, 2025 to December 30, 2027. This is the First amendment to the Original Agreement.

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

1. The Original Agreement is amended as follows:

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

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

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

The total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $1,000,000 (“not-to-exceed amount”).

1. The compensation payable by the City to Consultant for the services required by Exhibit A to the Original Agreement SHALL NOT EXCEED $500,000 (“not-to-exceed amount”).

2. The compensation payable by the City to Consultant for the services required by Exhibit A-1 to the First Amendment SHALL NOT EXCEED $500,000.

City shall compensate Contractor for the Services rendered at the hourly rates or task amounts set forth in Exhibit “A” to the Original Agreement and DocuSign Envelope ID: 2532F434-63E7-420F-AE68-5E5400D0D19C EXHIBIT A Page 1 of 10
75 Amendment – General Services
Rev. 09/19/23
Exhibit A-1 to the First Amendment up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates or task amounts are intended to be 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.

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

Term. The term of this Agreement commences on February 13, 2023, and terminates upon the completion of the Services or December 30, 2027, whichever occurs first.

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

DocuSign Envelope ID: 2532F434-63E7-420F-AE68-5E5400D0D19C EXHIBIT A Page 2 of 10
76 Amendment – General Services
Rev. 09/19/23
In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement effective on the date first written above.

CONTRACTOR: Dated:
____________________________ ___________________________ Name: Joseph Ortega
Title: Vice President
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Name: Marianna Marysheva
Title: City Manager
APPROVED AS TO FORM:
___________________________
Deputy/Assistant/City Attorney
APPROVED AS TO INSURANCE:

Risk Manager/Analyst
Exhibit A-1
DocuSign Envelope ID: 2532F434-63E7-420F-AE68-5E5400D0D19C 5/28/2024 | 11:11 AM PDT
EXHIBIT A Page 3 of 10
77 EXHIBIT A-1
Scope of Services
Concrete Cutting

1. UNDERSTANDING
Existing concrete sidewalk, curb, gutter, driveways, ADA ramps, etc., throughout the City of Livermore encounter displacements due to lifts by tree roots or settlement caused by subgrade failures. The city is in need of concrete cutting services to remove tripping hazards at various locations throughout the city.

The work will be performed on a Task Order basis. The Engineer will provide a list of locations for each Task Order.

The term of the agreement commenced on February 13, 2023. The first amendment will extend the terms of the agreement to December 30, 2027.

2. SCOPE OF SERVICES
The scope of services shall include and not be limited to:

2.1 Task 1 - Concrete Cutting - Concrete cutting services shall include all labor, materials, parts and equipment necessary to provide concrete cutting services for lifts from 0.5” to 2”. The quantity of Inch-Foot will be calculated by the average of the lift height of the edge to be saw cut, measured in inches, multiplied by the length along the same edge, measured in feet.

2.2 Task 2 - Database Update - The vendor shall update the information in a software of their choosing for each location at the completion of each Task Order and be able to export the data to an excel spreadsheet. The vendor will give the City access to the data. The vendor will also include applicable photo(s) to show completed work. The cost per data entry will vary depending on the data that is entered.

2.3 Task 3 - Condition Assessment/Inspection (Optional Service) – The vendor shall provide condition assessment/inspection services as requested by the city.

Assessment and data collection at the time of the repair is included in the repair cost.

The cost for a separate trip to perform condition assessment is at additional cost.

2.4 Task 4 – Notices to Private Property Owners and Reinspection (Optional Service) – The vendor shall create and send out notices to private property owners requesting them to repair the sidewalks adjacent to their property. This includes creating a track list that shows dates of when the notices are sent out.

2.5 Task 5 - Other Tasks as assigned by the Engineer (Allowance)

3. GENERAL REQUIREMENTS

3.1 The Vendor shall identify the Project Manager who will function as the main point of contact. It is expected that the concrete cutting team proposed under this agreement will remain unchanged throughout the duration of the term of the Agreement, unless requested by the City. Replacement of key staff without consultation with the City will DocuSign Envelope ID: 2532F434-63E7-420F-AE68-5E5400D0D19C EXHIBIT A Page 4 of 10
78 not be permitted.

3.2 The Vendor shall provide staff with relevant experience with concrete cutting jobs.

3.3 All individuals working on this job must be full-time employees of vendor's company and covered by the company with the necessary Worker's compensation insurance, as required by the Vendor’s State License Board and the State of California.

4. License and Registration Requirements

4.1 License – Vendor shall possess a valid California contractor’s license for the following classification(s): Class C 61

4.2 All vendors and sub vendors must be registered with the State of California Department of Industrial Relations (DIR). The registration form is located on the DIR's website at http://www.dir.ca.gov/Public-Works/PublicWorks.html.

4.3 Vendor shall obtain City of Livermore’s business license.

4.4 Performance, Payment, and Warranty Bonds – The vendor will be required to provide performance and payment bonds each in the amount of 100% of the Contract Price and a Warranty Bond in the amount of 15% of the Contract Price.

4.5 Prevailing Wage Requirements - This concrete cutting service is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. The agreement will be subject to compliance monitoring and enforcement by the California Department of Industrial Relations, under Labor Code, Section 1771.4. The prevailing rates are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half.

5. TASK ORDERS BASIS

5.1 The city does not guarantee any quantity of work and retains the right to use other vendors for the services. The city reserves the right to increase or decrease the quantity of work.

5.2 City will issue Task Orders and provide a list of locations with address. As each Task Order is completed, the city and the vendor will compile additional locations as needed for concrete cutting.

5.3 The Vendor shall complete work within the allowed budget in each Task Order.

5.4 The Vendor shall start work within 5 working days of the issuance of the Task Order and prosecute the work diligently within the number of allocated days in each Task Order.

5.5 A sample concrete cutting list of locations is included as part of this scope of services.

The list will be modified by the city as needed to meet its needs and a new list will be issued with each Task Order. The city does not guarantee the number of locations and may increase or decrease the number of locations to meet available budget.

DocuSign Envelope ID: 2532F434-63E7-420F-AE68-5E5400D0D19C EXHIBIT A Page 5 of 10
79 5.6 Vendor shall inspect all identified areas and complete pre-construction survey photos, measurements of the displacement (lifts or settlement), and photo of the repaired concrete cutting areas. The vendor shall identify and document locations that are not suitable for concrete cutting. The vendor shall update the information in the database at the completion of each Task Order.

5.7 Vendor shall create and send out notices via mail to all the private property owners whose sidewalk lift is in need of repair. They shall also create and update a track list that shows dates of when the notices are sent out (optional service).

6. HOURS OF WORK

6.1 Normal working hours are from 9:00 am to 3:00 pm Monday to Friday unless approved otherwise by the Engineer.

6.2 Concrete cutting work shall typically occur during normal working hours. Lane closures are not anticipated for the concrete cutting services. If necessary, the city will review request from the contractor for parking lane temporary closures to perform work.

6.3 All legal holidays are observed as nonworking hours.

6.4 Should the Vendor choose to work on a Saturday, Sunday, City Holidays or on a holiday recognized by the labor unions, the Vendor shall reimburse the City of Livermore the actual cost of engineering, inspection, testing, superintendent, and/or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the City, reimbursement will not be required.

7. PROSECUTION OF WORK

7.1 The Vendor will notify the public 3 working days prior to starting the concrete cutting work.

7.2 Vendor shall diligently prosecute work and only shall start work that can be completed that same day.

7.3 Vendor shall maintain the site safe at all times. The Vendor shall erect barricades, warning signs, and any other devices to prevent unauthorized access to work areas by the public.

7.4 Work shall be performed in an orderly manner with minimum disturbance and inconvenience to the public. The Vendor shall confine and limit its personnel to only those areas required in performing the work.

7.5 All traffic control devices required must comply with CAMUTCD 2014, revision 6 requirements and latest amendments.

7.6 Vendor will be responsible for removal and proper disposal of all waste materials and surplus items prior to leaving the site each day.

7.7 Vendor shall obtain a no cost Encroachment Permit from the city. Prior to obtaining the encroachment permit, the vendor must submit the proposed traffic control plans.

Work can only start after the Engineer approves the traffic control plans and issues the encroachment permit.

8. COORDINATION OF WORK AND PUBLIC SAFETY
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80 8.1 If Vendor is approached by the public with questions, the Vendor shall turn off concrete cutting equipment and be courteous and polite when speaking with the public.

8.2 Vendor shall always allow for safe passage to all pedestrians within the construction zone area. If a sidewalk, driveway etc., is closed due to construction activity, the Vendor shall place Sidewalk Closed and one-way arrow signs on Type II barricades at the nearest intersection/ crosswalks.

8.3 Vendor shall always keep the work area safe and clean to protect the public. Repair equipment and all other items incidental to the work shall not be left or stored on the sidewalk or on private property while not in use.

8.4 If the Vendor damages any property adjacent to his work the Vendor shall be required to repair all damages to the property owner's expectations at no additional costs to the City.

9. INVOICES

9.1 All monthly invoices shall include a summary of all addresses, a grid map listing the number of saw cuts completed. A separate report including inch feet unit cost, and total cost must be sent with the monthly invoice.

9.2 Vendor is required to provide weekly certified payrolls. One hard copy and one email copy must be sent to the city.

9.3 Monthly invoice will not be processed if the weekly certified payrolls are not submitted to the city.

9.4 Vendor must provide proof that all concrete and debris is disposed or recycled in a proper, environmentally safe manner. Construction demolition Recycling Report within 14 days of project completion and include receipts and/or weight tags at no additional costs to the city.

9.5 The Vendor shall only invoice for work completed in place.

10. AMERICANS WITH DISABILITIES ACT

10.1 Vendor must guarantee specified repair slope (1:10, 1:12 based upon requirements outlined by the Americans with Disabilities Act) is achieved. If defined slope is not achieved, vendor must repair to specification at no additional charge within 24 hours of discovery.

11. BEST MANAGEMENT PRACTICES

11.1 Dust shall be collected using a high-powered vacuum dust control system, eliminating most of the dust from entering into the atmosphere. The system requires multiple heads for the high capacity vacuum, and a controlled filtration system that will eliminate dust from entering the atmosphere. The suction device shall be attached to the handheld electrically powered cutting equipment to assure that all dust be collected before it’s released into the atmosphere. No water- cooling is allowed, as it creates slurry and contaminates storm drains, possibly causing excessive environmental impact

11.2 Vendor shall implement Best Management Practices and implement Erosion and Sediment Control measures.

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81 11.3 Vendor shall adhere to all clean water regulations and exercise best management practices.

12. SPECIFICATIONS
Services shall include all labor, materials, parts, equipment, etc., necessary to provide concrete cutting for lifts 0.5” to 2”. Any existing locations with more than 2" of concrete thickness shall not be considered for concrete cutting.

12.1 CLEARING AND GRUBBING

12.1.1 Clearing and Grubbing shall conform to Section 16, “Clearing and Grubbing” of the Caltrans Standard Specifications and these Technical Specifications. Clearing and grubbing within the limits of work shall include: Specific non-native vegetation removal, select trimming of tree limbs as needed for equipment access, legal disposal of removed vegetation and debris off-site.

12.1.2 The Vendor shall protect all native trees and all other native vegetation not slated for demolition. All clearing and grubbing costs shall be included under the various unit price items.

12.2 CONCRETE CUTTING

12.2.1 All trip hazards between 0.5" inches and 2" inches in height will be cut eliminating any differential displacement (lifts or settlement) in the existing concrete surface to provide a smooth transition between concrete surfaces. The shaved areas shall be uniform, smooth, contain minimal grooving and be straight at the backline with little or no scarring of the adjacent concrete. The final finish concrete surface shall not be slippery to pedestrians.

12.2.2 The work shall be done with hand-held, electrically powered, equipment capable of cutting at any angle and able to remove the concrete completely to all edges of the trip hazard and around obstacles that may be encountered. The equipment must be capable of lying completely flush to the ground and capable of working at any angle, including absolute flush saw-cutting, and perform trip hazard removal in hard-to-reach areas, around obstacles, on narrow walkways, next to fences and retaining walls or buildings.

12.2.3 All repairs shall be taken to an absolute zero point of differential with the adjacent opposing panel, and to both edges of the sidewalk panel to mitigate the trip hazard in its entirety over the full width of the sidewalk panel as needed. Some panels may not require the full width of the sidewalk panel to be mitigated where the trip hazard recedes to an already zero differential.

12.2.4 Vendor may not leave damaged concrete corners. Patching damaged concrete corners will not be allowed and Vendor will be responsible for replacing the entire concrete slab that has damaged or cracked corners at their costs. Vendor shall saw cut damaged concrete slab at the next nearest joint.

12.2.5 Existing concrete surface that is not listed for repair and other landscape features such as grass, plants, trees, rocks, walls, irrigation, etc., shall be protected. Any damage to existing elements will require the Vendor to repair or remove and replace the damaged elements.

12.2.6 Vendor is not allowed to saw-cut the concrete deeper than the opposing slab. Any DocuSign Envelope ID: 2532F434-63E7-420F-AE68-5E5400D0D19C EXHIBIT A Page 8 of 10
82 scarring or damaging to the existing adjacent concrete slab which does not have a trip hazard on it or any damage to existing landscaping, walls, irrigation, driveways or otherwise, will require that the vendor to remove and replace the damaged opposing concrete slab matching it in kind and doing all necessary repairs at no additional costs to the City.

12.2.7 All concrete cutting, debris and concrete dust that remain on the sidewalk shall be completely cleaned from the surface as well as the surrounding area, i.e., landscaping, walls, etc. and be hauled off and dumped at an approved site. Vendor must provide proof that all concrete and debris is recycled in a proper, environmentally safe manner.

13. MEASUREMENT AND PAYMENT
Task 1 - Concrete Cutting - Concrete cutting services shall include all labor, materials, parts and equipment necessary to provide concrete cutting services for lifts 0.5” to 2”. The quantity of Inch-Foot will be calculated by the average of the lip height of uplifted edge saw cut multiplied by the length measured along the same edge. The Inch-Foot unit cost is for all work completed in place.

Task 2 - Database Update - The unit cost to update the information in database shall not exceed from $5-10 per entry depending on the data that is entered.

Task 3 - Condition Assessment/Inspection (Optional Service) – Assessment and data collection at the time of the repair is included in the concrete cutting cost. The cost for a separate trip to perform condition assessment shall not exceed $300 per sidewalk mile.

Task 4 – Notices to Private Property Owners and Reinspection (Optional Service) – The cost for sending out notices shall not exceed $70 per address.

Activity Cost Per
Address
Notice 1 $10
Notice 2 $10
Notice 3 (certified mail) $15
Property Reinspection $35
Total Notice Process
Cost Per Address
$70
Task 5 - Other Tasks as assigned by the Engineer (Allowance) - $20,000 General items, such as mobilization, traffic control, site safety, compliance with environmental regulations (noise, dust, clean water, etc.,), demolition and disposal, recycling, required noticing to the public, permits, assessment and data collection, and all other incidental cost not specifically listed shall be included in the concrete cutting unit cost.

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83 EXHIBIT B

COMPENSATION
Tasks Tasks Description Unit Unit Price
1 Concrete Cutting Inch-Foot $50
2 Database Update Each entry Varies from $5-$10
3 Condition Assessment/Inspection
(Optional Service)
Per sidewalk mile $300
4 Notices to Private Property Owners
and Reinspection (Optional Service)
Per Address $70
5 Other Tasks as assigned by the
Engineer (Allowance)
-- $20,000
Example: A trip hazard on a 4-foot-wide sidewalk that consists of a 0.5” rise on one side, and tapers down to a zero rise on the other is calculated as follows:
(0.5"+0")
2 𝑋 4′ = 1 𝑖𝑛𝑐ℎ 𝑓𝑜𝑜𝑡
The cost of repair is 1 inch-foot X $50 per inch-foot = $50 DocuSign Envelope ID: 2532F434-63E7-420F-AE68-5E5400D0D19C EXHIBIT A Page 10 of 10
84 CITY COUNCIL STAFF REPORT ITEM NO. 5.3
DATE: June 24, 2024
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing execution of a fourth amendment to the agreement with Watry Buehler Collaborative, LLP increasing the not-to-exceed amount from $1,792,800 to $2,091,800 for additional engineering services during construction associated with the Livermore Village Parking Garage Construction Project 586003.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a fourth amendment to the agreement with Watry Buehler Collaborative, LLP increasing the not-to-exceed amount from $1,792,800 to $2,091,800 for additional engineering services during construction associated with the Livermore Village Parking Garage Construction Project 586003.

SUMMARY
Watry Buehler Collaborative is providing engineering services in connection with the Livermore Village (L Street) Parking Garage. The L Street Parking Garage is currently under construction east of L Street, between Veterans Way and First Street as shown in Attachment 1. When completed, the parking garage will be 4 levels and contain 452 parking spaces.

This amendment increases the budget for engineering services during construction. In particular, this amendment budgets additional construction management meetings and construction phase site visits by the design team members. Members of the design team are to provide weekly site visit observations to review the current construction progress and discuss upcoming work with the Garage contractor. The purpose of these site visits and observations is to provide enhanced interaction between the design team, construction management team, and contractor to increase the speed of communication. This fourth amendment in the amount of $299,000 increases the total not-to-exceed amount of the agreement from $1,792,800 to $2,091,800.

DISCUSSION
The Livermore Village (L Street) Garage Construction Project 586003 consists of two phases. Phase 1 has been completed and included reconfiguring the surface parking lot east of the future garage, 85 constructing a trash enclosure facility, and installing infrastructure for 16 electrical vehicle fast chargers.

Phase 2 involves construction of the parking garage and the remaining site improvements. City Council awarded the Phase 2 construction contract on November 28, 2022, and began construction April 17, 2023.

On December 14, 2021, Council approved an engineering services agreement with Watry Buehler Collaborative (Consultant) in an amount of $1,410,000 to design a parking garage and site improvements and provide engineering services during construction in connection with Livermore Village Parking Garage Construction Project 586003. On May 16, 2022, the City of Livermore (City) and Consultant increased the amount of the agreement by $100,000 to add additional design services for the Phase 1 and Phase 2 projects and a constructability review of the Phase 2 documents (first amendment). On June 15, 2023, Council approved the second amendment which increased the amount of the agreement by $114,000 to add additional design services for the Phase 2 bid package. On June 15, 2023, Council approved the third amendment which increased the amount of the agreement by $168,800 to add additional engineering services during construction for Phase 1 and Phase 2.

This fourth amendment will increase the amount of the agreement by $299,000 to add additional engineering services during construction. These services include additional construction management meetings and site visits by the design team. The design team is made up of engineers with different disciplines such as civil, structural, architectural, mechanical, electrical, and landscaping. On a rotating basis they will provide site visits. Observation memorandums will be issued to the City and the Garage contractor at the end of each visit. These extra site visits will enhance interaction and communication between the design team, construction management team, and the contractor and endeavor to guard the City against defects and deficiencies in the permanent work constructed by the contractor.

This fourth amendment will increase the amount of the agreement to a total amount of $2,091,800. The $2,091,800 contract amount is approximately 7% of the $30,090,000 construction contract. This is within the typical range for engineering design and construction support services which can be up to 10% of the construction contract.

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

COMMUNITY PILLAR
4: Inclusive & Inviting Spaces & Places
GOAL
3: Continue to implement the Downtown Specific Plan

GUIDING DOCUMENT
Downtown Specific Plan
86 ATTACHMENTS

1. Site Plan

2. Resolution

3. Exhibit A - Fourth Amendment
Prepared by: Joel Waxdeck
City Engineer
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
87 Livermore Village Garage
Site Plan
ATTACHMENT 1
88 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A FOURTH AMENDMENT TO THE

AGREEMENT WITH WATRY BUEHLER COLLABORATIVE, LLP INCREASING THE NOT-TO-EXCEED AMOUNT FROM $1,792,800 TO $2,091,800 FOR ADDITIONAL

ENGINEERING SERVICES DURING CONSTRUCTION
(Livermore Village Parking Garage Construction Project 586003) Watry Buehler Collaborative, LLP is providing engineering services in connection with the Livermore Village (L Street) Parking Garage. The L Street Parking Garage is currently under construction east of L Street, between Veterans Way and First Street.

When completed, the parking garage will be 4 levels and contain 452 parking spaces.

On December 14, 2021, City Council approved an engineering services agreement with Watry Buehler Collaborative, LLP in an amount of $1,410,000 to design a parking garage and site improvements and provide engineering services during construction in connection with Livermore Village Parking Garage Construction Project 586003. On May 16, 2022, the City of Livermore (“City”) and Watry Buehler Collaborative, LLP increased the amount of the agreement by $100,000 to add additional design services for the Phase 1 and Phase 2 projects and a constructability review of the Phase 2 documents (first amendment). On June 15, 2023, City Council approved the second amendment which increased the amount of the agreement by $114,000 to add additional design services for the Phase 2 bid package. On June 15, 2023, City Council approved the third amendment which increased the amount of the agreement by $168,800 to add additional engineering services during construction for Phase 1 and Phase 2.

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

1. Authorizes the City Manager to execute a Fourth Amendment to the Engineering Services Agreement with Watry Buehler Collaborative, LLP attached hereto as Exhibit A, increasing the not-to-exceed amount from $1,792,800 to $2,091,800 for additional engineering services during construction associated with the Livermore Village (L Street) Parking Garage Construction Project 586003.

2. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution. 89 RESOLUTION NO. ________
On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on June 24, 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 – Fourth Amendment - Watry Buehler Collaborative, LLP 90 FOURTH AMENDMENT TO

ENGINEERING SERVICES AGREEMENT
THIS FOURTH AMENDMENT is made and entered into this ____ day of ________, 2024, by and between the City of Livermore, a municipal corporation (“City”), and Watry Buehler Collaborative, LLP, a California Corporation (“Consultant”).

RECITALS
On December 14, 2021, City and Consultant entered into an agreement for Consultant to provide engineering design services to design a parking garage and site improvements and provide engineering services during construction in connection with Livermore Village Parking Garage Construction Project 586003 for City (“Original Agreement”). Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

On May 16, 2022, City and Consultant amended the Original Agreement to add additional design services for the Phase 1 and Phase 2 projects and a constructability review of the Phase 2 50% construction documents. ("First Amendment") On November 29, 2022, City and Consultant amended the Original Agreement and First Amendment to add additional design services for the Phase 2 bid package. ("Second Amendment")
On June 15, 2023, City and Consultant amended the Original Agreement, First Amendment, and Second Amendment to add additional construction engineering support services for Phase 1 and Phase 2 projects. (“Third Amendment”) City and Consultant desire to amend the Original Agreement, First Amendment, Second Amendment, and Third Amendment to add additional construction support services for Phase 2 and increase the Consultant’s compensation by $299,000. This is the Fourth Amendment to the Original Agreement.

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

1. The Original Agreement is amended as follows:

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

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EXHIBIT A
91 Description of Services. Consultant shall provide engineering services to design a parking garage and site improvements and provide engineering services during construction in conjunction with Livermore Village Parking Garage Construction Project 586003 (“Project”), as more particularly set forth in exhibit “A” to the Original Agreement, Exhibit “A-1” to the First Amendment, Exhibit “A-2” to the Second Amendment, Exhibit “A-3” to the Third Amendment, and Exhibit “A-4” to this Fourth Amendment (collectively “the Services”)
B. Section 6(a) of the Original Agreement is amended to read as follows:

Compensation and Payment. The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $2,091,800 (“not-to-exceed amount”).

1. The compensation payable by the City to the Consultant for the Services required by Exhibit “A” of the Original Agreement SHALL NOT EXCEED the sum of $1,410,000.

2. The compensation payable by the City to the Consultant for the Services required by Exhibit “A-1” of the First Amendment SHALL NOT EXCEED the sum of $100,000.

3. The compensation payable by the City to the Consultant for the Services required by Exhibit “A-2” of the Second Amendment SHALL NOT EXCEED the sum of $114,000.

4. The compensation payable by the City to the Consultant for the Services required by Exhibit “A-3” of the Third Amendment SHALL NOT EXCEED the sum of $168,800.

5. The compensation payable by the City to the Consultant for the Services required by Exhibit “A-4” of the Fourth Amendment SHALL NOT EXCEED the sum of $299,000.

City shall compensate consultant for the Services rendered at the hourly rates or task amounts set forth in Exhibit “A” to the Original Agreement, Exhibit “A-1” to the First Amendment, Exhibit “A-2” to the second Amendment, Exhibit “A-3” to the Third Amendment, and Exhibit “A-4” to the Fourth Amendment up to the not-to-exceed amount. Except as provided in the body of the agreement, the hourly rates or task amounts are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead, and administrative costs, and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the services.

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

3. Except as amended above, the Original Agreement remains in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
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EXHIBIT A
93 In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement effective on the date first written above.

CONSULTANT: Dated:
____________________________ ___________________________ By: John D Harvey
Title: Principal
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna Marysheva
City Manager
APPROVED AS TO FORM:
___________________________
Deputy/Assistant/City Attorney
APPROVED AS TO INSURANCE:

Risk Manager/Analyst
Attachment:

Exhibit A-4
DocuSign Envelope ID: F2054E59-F4C4-4CA1-B5B3-112AFB466AB7 5/24/2024 | 8:13 AM PDT

EXHIBIT A
94 Exhibit A-4
Scope of Work
Fourth Amendment
Livermore Village Parking Garage Construction Project 586003 The City of Livermore has requested the following additional Scope of Work pertaining to the design of ‘L’ Street Parking Structure. The additional design team scope of work is summarized below.

Additional Scope of Work Items.

Additional Construction Phase Site Visits (Additional Fee = $299,000.00) Design Team members to provide additional site visits and attend virtual construction management meetings for the ‘L’ Street Parking Structure, from March 6, 2024 through November 27, 2024. Members of the Design Team are to provide weekly site visit and observations to review the current construction progress and discuss upcoming work with Zovich Construction (Contractor). The purpose of these site visits and observations is to provide enhanced interaction between the Design Team and Contractor for the purpose of increasing the speed of communication.

The duration of each weekly site visit is anticipated to be 4 hours, and an observations memorandum will be issued to the City and Contractor at the end of each visit. The Design Team will visit the site on a rotating basis. The rotation will be determined by the Design Team and the Contractor will be informed accordingly. To the extent feasible, The Design Team will attempt to maintain a consistent schedule for the duration of the construction phase.

The following is a list of consultants included in the Design Team and the anticipated additional duration of participation for each:

Watry-Buehler (Project Management) 39 weeks
Buehler Engineering (Structural Engineering) 39 weeks
Komorous-Towey Architects 39 weeks
Guttmann & Blaevoet (MEP) 39 weeks
Kier & Wright (Civil) 22 weeks
Based on these on-site observations, the Design Team shall endeavor to guard the City against apparent defects and deficiencies in the permanent work constructed by the Contractor but shall not guarantee the performance of the Contractor.

The compensation for these services will be on an hourly basis at the design team’s standard hourly rates. We estimate our compensation for these services to be the following:

Additional Construction Administration Site Visits
Watry-Buehler Collaborative .................................................................................................... $55,000.00 Buehler Engineering.................................................................................................................. $50,000.00 Komorous-Towey Architects.................................................................................................. $120,000.00 Guttmann & Blaevoet................................................................................................................ $50,000.00 Kier & Wright ........................................................................................................................... $24,000.00 Total Fee................................................................................................................................. $299,000.00 Please note that these additional site visits have been requested in an attempt to facilitate a reduction in currently projected construction duration. The Design Team is not responsible for any construction related activities, liabilities, or performance.

DocuSign Envelope ID: F2054E59-F4C4-4CA1-B5B3-112AFB466AB7

EXHIBIT A
95 CITY COUNCIL STAFF REPORT ITEM NO. 5.4
DATE: June 24, 2024
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing the following actions for the Resurfacing and Sidewalk Improvements Project composed of the Street Resurfacing 2022 Project 2022-01, Sidewalk Repair 2023 Project 2023-02, and ADA Access Ramps 2021 Project 2021-07:

Reject the Bid Proposal from apparent lowest bidder, Mountain Cascade Inc., finding the bid to be incomplete and non-responsive, authorize supplemental appropriations in FY 2024-25, and award a construction agreement to A. Teichert & Son, Inc., dba Teichert Construction in an amount of $4,178,975.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the following actions for the Resurfacing and Sidewalk Improvements Project composed of the Street Resurfacing 2022 Project 2022-01, Sidewalk Repair 2023 Project 2023-02, and ADA Access Ramps 2021 Project 2021-07:

1. Reject the Bid Proposal from Mountain Cascade Inc., finding the bid to be incomplete and nonresponsive;

2. Authorize a supplemental appropriation of $1,070,000 from Gas Tax - Senate Bill 1 to the FY 2024-25 budget for Street Resurfacing 2022 Project 2022-01;

3. Authorize a supplemental appropriation of $450,000 in Gas Taxes to the FY 2024-25 budget for the ADA Access Ramps 2021 Project 2021-07;

5. Reject all other Bid Proposals.

SUMMARY
The Resurfacing and Sidewalk Improvements Project, composed of the Street Resurfacing 2022 Project 2022-01, Sidewalk Repair 2023 Project 2023-02, and ADA Access Ramps 2021 Project 2021-07, will rehabilitate several major and residential roads and complete several safety improvements including sidewalk repairs, construction of Americans with Disabilities Act (ADA) access ramps, pavement 96 improvements to Holmes Street (between Concannon Boulevard and Wetmore Road), and enhancements to one traffic signalized intersection (installation of new cameras and battery backup system).

On April 30, 2024, five (5) bids were received for this project. A bid protest was received from A. Teichert & Son, Inc., dba Teichert Construction the second lowest bidder, against Mountain Cascade, Inc., the apparent lowest bidder, claiming that Mountain Cascade's bid proposal was non-responsive. After detailed review, by staff in coordination with the City Attorney's Office, City staff ultimately determined that Mountain Cascade's bid proposal is indeed non-responsive. Staff recommends the City Council reject the Mountain Cascade bid and authorize a construction contract with Teichert Construction the most responsive bidder. Section 2.68.580 (C) of the Livermore Municipal Code (LMC) requires that the award of contracts subject to formal bidding be awarded to the lowest, responsive and responsible bidder. The bid submitted by Teichert Construction meets this requirement. Staff also recommends that City Council authorize supplemental appropriations from Gas Taxes (Fund 650) and Gas Tax - SB1 (Fund 651) totaling $1,520,000 in FY 2024-25 to fully fund the project.

DISCUSSION
The Resurfacing and Sidewalk Improvements Project combines the following three projects:

Street Resurfacing 2022 Project 2022-01: This project will rehabilitate seven major segments of roads consisting of three arterial roads and four collector roads totaling approximately 9,293 Linear Feet (LF) of road centerline. The improvements will include base repairs, asphalt concrete (AC) overlay, new pavement striping, and installing a battery backup system and new vehicle detection cameras to the traffic signalized intersection at Las Positas Road and Hilliker Place. The pavement striping will include bike lane and crosswalk improvements per the Bicycle, Pedestrian, and Trails Active Transportation Plan.

The street segments in this project represent priority resurfacing locations based on current street condition, daily traffic, proximity to critical facilities, and type of traffic, in accordance with the City of Livermore (City)'s ongoing pavement condition assessment program. The program rates the streets defects by way of Pavement Condition Index (PCI) values. The PCI values are posted by street segments on the City of Livermore’s website. In addition to the seven segments, Holmes Street, between Concannon Boulevard and Wetmore Road was added to this project for pavement repairs. This segment of Holmes Street has numerous amounts of potholes that require repairs.

Sidewalk Repair 2023 Project 2023-02: The City of Livermore has an annual sidewalk program and budget to manage sidewalk issues. City maintained sidewalk locations are prioritized and programmed for repairs. This project will include repairs to 220 sidewalk locations, totaling approximately 21,537 Square Feet (SF). Part of these locations are at City owned and maintained, high pedestrian traffic areas, such as the Civic Center Public Library, Carnegie Park, schools, and backing lot wall locations with high pedestrian traffic connecting to trails and pathways to parks. These locations were identified by Precision Concrete Cutting as part of their contract with the City to survey sidewalk deficiencies for high pedestrian traffic areas. In addition to these locations, the City has also taken requests from residents and have included several locations for this sidewalk repair project that meet the priority criteria.

ADA Access Ramps 2021 Project 2021-07: The ADA access ramps program is based on the request of the Human Services Commission and the City's ADA Transition Plan. The goal of the City is to identify 97 potential physical and programmatic barriers of accessibility for persons with disabilities and remove those obstacles. The ADA program evaluates the list of ramps which is updated routinely, prioritizes, plans, and provides ADA compliant ramps throughout the City. The priority is based on various factors including high public areas of safety concerns. This project will include construction of 28 ADA-compliant curb ramps at various locations selected based on the mentioned parameters and requests by residents with mobility issues.

Combined, these projects will extend the life of the street segments and improve public safety by eliminating road hazards, sidewalk lifts, and slope deficiencies in accessible ramps.

On April 30, 2024, bids for this project were received and opened with 5 contractors submitting bids.

Mountain Cascade, Inc. was the apparent lowest bidder at the time that the bids were received, however, after detailed review by City staff in coordination with the City Attorney's Office, City staff determined that their bid was not responsive. The lowest responsible and responsive bidder is A. Teichert & Son, Inc. dba Teichert Construction. Pursuant to LMC section 2.68.580 (C), the contract must be awarded to the lowest, responsive and responsible bidder. The City acknowledged a receipt of the timely protest letter from Teichert Construction dated May 1, 2024. Mountain Cascade, Inc. responded to the bid protest with a letter dated May 6, 2024. City staff conducted a detailed review of the individual bid proposals and bid protest letters. As a result of this review, City staff deemed Mountain Cascade’s bid proposal to be nonresponsive based on the following reasons:

1. The Instruction to Bidders, page 5 of the contract documents, require a bidder to submit a Bidder’s Questionnaire with their bid proposal. It also states that a bid that does not fully comply with this requirement may be rejected as non-responsive. Mountain Cascade, Inc. did not submit a complete Bidder’s Questionnaire with the bid proposal.

2. Section 16 of the Notice Inviting Bids, page 9 of the contract documents, requires submittal of a complete subcontractor list with their bid proposal. Mountain Cascade, Inc. submitted an incomplete subcontractor list which had the incorrect license number for subcontractor Sposeto, for concrete work, and did not make or submit corrections within 24 hours of bid opening of April 30, 2024, as required by the Public Contract Code.

The City has determined that these errors cannot be waived as inconsequential errors and that Mountain Cascade’s bid proposal ultimately is not the most responsive bid compared to Teichert Construction's bid. Staff recommends the City Council reject the Mountain Cascade bid and authorize a construction contract with A. Teichert & Son, dba Teichert Construction the most responsive bidder. Teichert Construction has performed similar work for the City in a satisfactory manner.

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

Resurfacing and Sidewalk Improvements Bids
Contractor City Bid Amount
Mountain Cascade, Inc. Livermore $3,918,989.20
Teichert Construction Pleasanton $4,178,975.00
Radius Earthwork, Inc. Campbell $4,297,104.81
DeSilva Gates Construction
Group, Inc.

Dublin $5,232,232.00
California Highway Construction
Group, Inc.

Concord $5,520,923.95
98 Engineer's Estimate $4,000,000.00
In accordance with LMC section 2.68.560, change order authorization of 10% of the contract value is allowed.

FISCAL AND ADMINISTRATIVE IMPACTS
The Resurfacing and Sidewalk Improvement Project will be funded by the following 3 projects: Street Resurfacing 2022 Project 2022-01 funded with Gas Taxes - SB1 (Fund 651), Sidewalk Repair 2023 Project 2023-02 funded with Gas Taxes (Fund 650), and the ADA Access Ramps 2021 Project 2021-07 funded with Gas Taxes (Fund 650). Supplemental appropriations totaling $1,520,000 in FY 2024-25 are required to fully fund the cost of these projects. Existing budgets for these projects in the 2023-28 Capital Improvement Plan together with these supplemental appropriations will cover this construction contract, change orders, construction management, materials testing, inspection, and administration.

The construction bids were higher than the costs estimated in late 2022, when the 2023-28 Capital Improvement Plan was being developed, based on the following reasons: prices for asphalt and concrete have increased significantly over the last two years, high priority ADA ramps were added to the project, pothole repairs on Holmes Street between Concannon Boulevard and Wetmore Road were added to the project, the lowest responsive and responsible bidder is higher than the lowest bid which is nonresponsive.

The existing and proposed budgets for the individual projects are summarized in the tables below.

Street Resurfacing 2022, Project 2022-01
Fund No. Fund Name
Budgeted FY
2023-24
Carrying
Forward
From FY
2023-24 to FY
2024-25
Budgeted
FY2024-25
Supplemental
Appropriation
Requested in
FY 2024-25
Proposed FY
2024-25
651 Gas Tax -
SB1
$2,500,000 $2,430,000 $0 $1,070,000 $3,500,000
Total $2,500,000 $2,430,000 $0 $1,070,000 $3,500,000
Sidewalk Repair 2023 Project 2023-02
Fund No. Fund Name
Budgeted FY
2023-24
Carrying
Forward
From FY
2023-24 to FY
2024-25
Budgeted
FY2024-25
Supplemental
Appropriation
Requested in
FY 2024-25
Proposed FY
2024-25
650 Gas Tax $1,700,000 $500,000 $1,200,000 $0 $1,700,000 Total $1,700,000 $500,000 $1,200,000 $0 $1,700,000
ADA Access Ramps 2021 Project 2021-07
99 Fund No. Fund Name
Budgeted FY
2023-24
Carrying
Forward
From FY
2023-24 to FY
2024-25
Budgeted
FY2024-25
Supplemental
Appropriation
Requested in
FY 2024-25
Proposed FY
2024-25
650 Gas Tax $50,000 $30,000 $350,000 $450,000 $830,000
Total $50,000 $30,000 $350,000 $450,000 $830,000

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 - Agreement
Prepared by: Roberto Escobar
Associate Civil Engineer
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
100
ATTACHMENT 1
101
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE REJECTION OF THE BID
PROPOSAL FROM MOUNTAIN CASCADE, INC., FINDING THE BID TO

BE INCOMPLETE AND NON-RESPONSIVE, AUTHORIZING
SUPPLEMENTAL APPROPRIATIONS TO FISCAL YEAR 2024-25, AND AWARDING A CONSTRUCTION AGREEMENT TO A. TEICHERT & SON, INC., DBA TEICHERT CONSTRUCTION IN THE AMOUNT OF $4,178,975

FOR THE RESURFACING AND SIDEWALK IMPROVEMENTS PROJECT
COMPOSED OF THE STREET RESURFACING 2022 PROJECT 2022-01, SIDEWALK REPAIR 2023 PROJECT 2023-02, AND ADA ACCESS
RAMPS 2021 PROJECT 2021-07
The City of Livermore (“City”) advertised and received bid proposals for the construction of the Resurfacing and Sidewalk Improvements Project, composed of the Street Resurfacing 2022 Project 2022-01, Sidewalk Repair 2023 Project 2023-02 and ADA Access Ramps 2021 Project 2021-07. The bid proposal from Mountain Cascade, Inc., the apparent lowest bidder, was deemed incomplete and non-responsive.

A. Teichert & Son, Inc., dba Teichert Construction submitted the lowest responsible and responsive Bid Proposal in the amount of $4,178,975 that is acceptable to the City of Livermore.

The Resurfacing and Sidewalk Improvements Project requires additional funding to cover construction, City staff and professional engineering services costs.

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

1. Authorizes the rejection of the bid proposal from Mountain Cascade, Inc., finding the bid to be incomplete and non-responsive;

2. Authorizes a supplemental appropriation of $1,070,000 in Gas Tax – Senate Bill 1 Fund 651 to the FY 2024-25 budget for Street Resurfacing 2022 Project 2022-01;

3. Authorizes a supplemental appropriation of $450,000 in Gas Tax Fund 650 to the FY 2024-25 budget for the ADA Access Ramps 2021 Project 2021-07;

4. Awards and authorizes execution of a construction agreement with A. Teichert & Son, Inc. dba Teichert Construction, attached hereto as Exhibit A, and incorporated by this reference, in the amount of $4,178,975, for construction of the project pursuant to Livermore Municipal Code section 2.68.580 (C);

5. Rejects all other Bid Proposals; and
102
RESOLUTION NO. ________

6. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed agreements.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on June 24, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
Acting City Clerk Assistant City Attorney
Exhibit A – Agreement with Teichert Construction
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EXHIBIT A Page 1 of 5
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EXHIBIT A Page 2 of 5
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EXHIBIT A Page 3 of 5
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EXHIBIT A Page 4 of 5
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EXHIBIT A Page 5 of 5
Marianna Marysheva,
108
CITY COUNCIL STAFF REPORT ITEM NO. 5.5
DATE: June 24, 2024
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution approving Final Tract Map 8657; authorizing execution of a Subdivision Improvement Agreement for the Triad Drive East Development (Amarone); and accepting on behalf of the public all real property offered for dedication within the Final Tract Map 8657 except for the certain easements which City Council reserves the right to accept at a future date.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution:

1. Finding that the requirements of the California Environmental Quality Act have been satisfied;

2. Approving Final Tract Map 8657 for recording;

3. Approving and authorizing execution of the Subdivision Improvement Agreement which includes a 12-month extension (24 months in total) to complete the required improvements; and

4. Accepting, on behalf of the public, all real property offered for dedication within Final Tract Map 8657 in conformance with the terms of the offer except for the following, which the Council rejects at this time reserving the right to accept the offer at a future date: Public Utility Easement (P.U.E.), Sanitary Sewer Easement (S.S.E.), Waterline Easement (W.L.E.), Emergency Vehicle Access Easement (E.V.A.E.) and Public Sidewalk Easement (S.W.E.)

SUMMARY
Civic North Canyon Parkway, LLC (Developer) has completed a Final Tract Map and Subdivision Improvement Agreement in conformance with the conditions of approval for Vesting Tentative Tract Map 8657. Tract 8657 consists of 172 condominium units at the northeast corner of North Canyons Parkway and Triad Drive. The developer has entered into a low-income housing agreement with the City, which includes 34 units affordable to individuals and families with median and moderate-income levels. The proposed Subdivision Improvement Agreement will secure the construction of the public and private improvements. Public improvements include public sewer, water, Class IV bike lane, and sidewalks.

Private improvements include private storm drain, streets, open space, bio-retention basins, utilities, and lighting. Final Tract Map 8657 can now be approved. All real property offered for dedication on Final Tract Map 8657 can be accepted at this time except for the following: Public Utility Easement (P.U.E.), 109
Sanitary Sewer Easement (S.S.E.), Waterline Easement (W.L.E.), Emergency Vehicle Access Easement (E.V.A.E.) and Public Sidewalk Easement (S.W.E.), reserving the right to accept the offers at a future date.

DISCUSSION
On May 22, 2023, the City Council approved Vesting Tentative Tract Map 8657 (SUB 22-005) and the conditions of approval for the Triad Drive East development, consisting of 172 condominium units at the northeast corner of North Canyons Parkway and Triad Drive as shown in the Vicinity Map (Attachment 1). Staff has found the Final Tract Map 8657 and improvement plans to be in substantial conformance with the conditions of approval for Vesting Tentative Tract 8657. The improvement plans have been approved and are on file with the City Engineer. The developer, Civic North Canyons Parkway, LLC, is responsible for funding and constructing public and private improvements required for this development, including public sewer, water, Class IV bike lane, sidewalks, private storm drain, streets, open space, bio-retention basins, utilities, and lighting. The proposed Subdivision Improvement Agreement will secure the construction of the public and private improvements. The developer has provided the required insurance and bonds securing the construction of improvements per the provisions of the Subdivision Improvement Agreement. The bonds are on file in the City Clerk's office. The bonds will be released once the public improvements have been completed and accepted by the City. According to Development Code section 10.05.090, the subdivider must complete the improvements within 12 months from the date of recording of the final map, unless an extension is granted by City Council. The subdivider has requested a 12-month extension to complete the improvements. Staff recommends that a 12-month extension should be granted to the subdivider, for a total of 24 months, to provide time to complete the improvements as required.

There are private infrastructure improvements, including storm drains, streets, landscaping, bio-retention basins, utilities, and lighting which will be privately maintained through the Homeowners Association.

Staff has reviewed the Covenants, Conditions and Restrictions (CC&R's) and determined that the maintenance of this private infrastructure has been adequately addressed. Final Tract Map 8657 includes an offer of dedication for public utilities, public sanitary sewer, public water, public emergency vehicle access easement, and public sidewalk easement. Staff recommends the Council reject Public Utility Easement (P.U.E.), the Sanitary Sewer Easement (S.S.E.), Waterline Easement (W.L.E.), the Emergency Vehicle Access Easement (E.V.A.E.), and the Public Sidewalk Easement (S.W.E.), reserving the right to accept the offers at a future date, after these public improvements have been completed.

FISCAL AND ADMINISTRATIVE IMPACTS
The estimated annual cost for maintenance of public infrastructure, including curb, gutter, sidewalk, bike lane, planter strips, paving, sewer and water is $22,000. $3,400 of this cost will be funded by Sewer Connection Fees (Fund 241) and $16,400 of this cost is funded by Water Connection Fees (Fund 251).

The remaining $2,200 is funded by the General Fund (Fund 001) and other use taxes, which is partially derived from increased property taxes generated from the new development.

In addition, the Developer has annexed into the Isabel Neighborhood Specific Plan Communities Facilities District (CDF No. 2023-1). As part of the Communities Facilities District, homeowners within this tract will be assessed annually to provide a portion of funds to maintain offsite public amenities within the boundaries of Isabel Neighborhood Specific Plan.
110

COMMUNITY PILLAR
2: Economy That Prospers
GOAL
4: Implement the Isabel Neighborhood Specific Plan

ATTACHMENTS

1. Vicinity Map

2. Resolution

3. Exhibit A - Final Tract Map 8657

4. Exhibit B - Subdivision Improvement Agreement
Prepared by: Jarrett Rasmussen
Junior Engineer
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
111
Triad Drive East Vicinity Map
This map is based on City of Livermore GIS Information and reflects the most current information at the time of this printing. The map is intended for reference purposes only and the City and its staff is not responsible for errors or omissions. 2,400 Livermore IT, GIS Services
400.0
1: NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 0 400.0 Feet Notes 200.00
112
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING FINAL TRACT MAP 8657; AUTHORIZING

EXECUTION OF A SUBDIVISION IMPROVEMENT AGREEMENT FOR
THE TRIAD DRIVE EAST DEVELOPMENT (AMARONE); AND

ACCEPTING ON BEHALF OF THE PUBLIC ALL REAL PROPERTY
OFFERED FOR DEDICATION WITHIN THE FINAL TRACT MAP 8657

EXCEPT FOR CERTAIN EASEMENTS WHICH CITY COUNCIL

RESERVES THE RIGHT TO ACCEPT AT A FUTURE DATE
(FINAL TRACT MAP 8657 – TRIAD DRIVE EAST (AMARONE))
Civic Triad East, LLC (“Developer”) has presented proposed Final Tract Map 8657 (SUB22-005) situated in the City of Livermore, County of Alameda, State of California, a copy of which is attached hereto as Exhibit A, in accordance with the provisions of the California Subdivision Map Act (“Act”) and the City of Livermore (“City”) Development Code. The Developer has presented a Subdivision Improvement Agreement, a copy of which is attached hereto as Exhibit B, providing for the improvements and other terms and agreements required as a condition of approval of Final Tract Map.

The City Engineer reviewed the Final Tract Map and certified it as required by the Act and Development Code. Additionally, the City Engineer reviewed and approved that staff report concerning the Final Tract Map and Subdivision Improvement Agreement which recommends approval of the Final Tract Map and Subdivision Improvement Agreement.

The City Attorney reviewed the surety provided by Civic Triad East, LLC, to secure performance of the Subdivision Improvement Agreement as required by California and City law.

On May 22, 2023, the City Council adopted Resolution No. 2023-088 which, among other things, approved Vesting Tentative Tract Map 8657 Triad Drive East, (“Development”) subject to the conditions of approval. The City Council also determined that the Project was exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15182 (c), which exempts residential projects that implement a specific plan. Any potential impacts to the environment that may result due to approval of the proposed Tract Map and Subdivision Improvement Agreement were considered part of the environmental review approved by Resolution No. 2023-087.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that, because any potential impacts to the environment that may be caused by approval of Final Tract Map 8657 and Subdivision Improvement Agreement were considered by the environmental review approved as part of Resolution No. 2023-087, the requirements of the California Environmental Quality Act have been satisfied. 113
RESOLUTION NO. ________
BE IT FURTHER RESOLVED by the City Council of the City of Livermore that:

1. The Final Tract Map 8657, attached hereto as Exhibit A, is approved and all those parcels of land, easements, and other legal interests in land offered for public use are accepted in conformity with the terms of the offer, except for the following which the City Council rejects at this time, reserving the right to accept the offers at a future date subject to Government Code sections 66477.2 and 7050:

Public Utility Easement (P.U.E.), Sanitary Sewer Easement (S.S.E.), Water Line Easement (W.L.E.), Emergency Vehicle Access Easement (E.V.A.E.), and Public Sidewalk Easement (S.W.E.).

2. The Subdivision Improvement Agreement, attached hereto as Exhibit B, is approved and the Mayor is authorized to sign the agreement on behalf of the City of Livermore.

3. It grants, pursuant to Section 10.05.090 of the Livermore Development Code, the Developer a 12-month extension, which is reflected in the Subdivision Improvement Agreement, attached hereto as Exhibit B, allowing the Developer a total of 24 months from the date the Subdivision Improvement Agreement is executed to complete the required improvements.

4. The City Clerk is directed to execute the certificate, attached to the Final Tract Map 8657, and affix the Seal of the City and to record the Final Tract Map 8657, and the Subdivision Improvement Agreement with the County Recorder.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on June 24, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly O’Toole
Deborah L. Elam Molly O’Toole
Acting City Clerk Deputy City Attorney
Exhibit A – Final Tract Map 8657
Exhibit B – Subdivision Improvement Agreement
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CITY COUNCIL STAFF REPORT ITEM NO. 5.6
DATE: June 24, 2024
TO: Honorable Mayor and City Council
FROM: Judy Erlandson, Acting Public Works Director
SUBJECT: Resolution authorizing execution of an agreement with Holloway Environmental Solutions, LLC for Biosolids Hauling and Disposal Services in an amount not-to-exceed $2,288,790, a term ending June 30, 2027, and an appropriation increase of $103,430 to the Sewer Fund Operating Budget for FY 2024-25.

RECOMMENDED ACTION
Staff recommends that the City Council adopt a resolution authorizing execution of an agreement with Holloway Environmental Solutions, LLC for Biosolids hauling and disposal services in an amount not-toexceed $2,288,790, a term ending June 30, 2027, and an appropriation increase of $103,430 to the Sewer Fund operating budget for FY 2024-25.

SUMMARY
Biosolids are a byproduct resulting from normal wastewater treatment at the Water Reclamation Plant (WRP). Contractors are utilized to transport and dispose of the biosolids. Competitive bidding occurred in February 2024 and the best value bid was received from Holloway Environmental Solutions, LLC. The estimated cost for three years of transport and disposal is $2,288,790.

DISCUSSION
The WRP generates biosolids in the course of wastewater treatment that must be disposed of offsite.

This material is removed from the incoming wastewater and further treated in anaerobic digesters.

Following digestion, the resulting slurry is dewatered using a belt filter press and loaded into trailers for offsite disposal.

Staff completed a competitive bidding process for disposal in March 2024. Three sealed bids were submitted and summarized below:

BIDDER PRICING
Holloway Environmental Solutions, LLC $76 per wet ton
Synagro-WWT, Inc. $96 per wet ton
196
Ecology Autoparts, Inc. $104 per wet ton
Holloway Environmental Solutions, LLC represents the best value bid. They are positioned to offer yearround transport and disposal services to their own Class III non-hazardous industrial waste landfill facility.

Staff recommends the City accept the best value bid and initiate a new agreement beginning on July 1, 2024 through June 30, 2027. The not-to-exceed value of the agreement is recommended at $2,288,790 based on the $76.00 per wet ton bid price and an estimated volume of 27,300 tons of biosolids over the three-year period.

FISCAL AND ADMINISTRATIVE IMPACTS
This new agreement represents a 48.9% increase in the price per ton from $53.03 to $79.00, over the term of the agreement. The first year is currently budgeted for FY 2024-25 in the Sewer Enterprise Fund (Fund 230) in the amount of $659,500. The existing appropriation will need to be increased by $103,430.

Funding for the subsequent years of the agreement will be included in the next proposed two-year budget cycle. Staff does not anticipate any new administrative or staffing impacts should this agreement be approved.

COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
11: Operate and maintain municipal water systems that provide safe, efficient delivery of potable and recycled water, collect and treat wastewater, and comply with all federal, state, and local regulations.

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement
Prepared by: Laura Mayate-DeAndreis
Management Analyst II
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
197
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH

HOLLOWAY ENVIRONMENTAL SOLUTIONS, LLC FOR BIOSOLIDS

HAULING AND DISPOSAL SERVICES IN AN AMOUNT NOT-TO-EXCEED $2,288,790, AND AN APPROPRIATION INCREASE OF $103,430 TO THE

SEWER FUND OPERATING BUDGET FOR FISCAL YEAR
2024-25
The City of Livermore (“City”) advertised and received bids for the transport and disposal of biosolids, Request for Proposals and Qualifications No. 4259.

Pursuant to Livermore Municipal Code section 2.68.040, City staff determined Holloway Environmental Solutions, LLC to be the best value bidder, at $76 per wet ton. This bid is based on cost and ability, capacity, and skill of the contractor to provide the services specified.

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 with Holloway Environmental Solutions, LLC, attached hereto as Exhibit A, for biosolids hauling and disposal for a three-year term in an amount not-to-exceed $2,288,790.

2. Authorizes a FY 2024-25 appropriation increase to the Sewer Fund (230) operating budget in the amount of $103,430.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore rejects all other bid proposals.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on June 24, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Deborah L Elam Tara Mazzanti
Acting City Clerk Assistant City Attorney
Exhibit A – Agreement with Holloway Environmental Solutions, LLC 198
Agreement for Services Page 1
Rev. 09/19/23

AGREEMENT FOR SERVICES
THIS AGREEMENT is made and entered into this day of ,
2024, by and between the City of Livermore (“City”), a municipal corporation, and Holloway Environmental Solutions, LLC (“Contractor”), a Wyoming limited liability company.

RECITALS
City requires services to transport and provide beneficial reuse and/or disposal of all digested, dewatered biosolid sludge form the City's Water Reclamation Plant (WRP).

Contractor 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.

AGREEMENT
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 officers 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 transport and provide beneficial reuse and/or disposal of all digested, dewatered biosolid sludge from the City's Water Reclamation Plant as more particularly set forth in Exhibit "A" (collectively “the Services”).

4. Contractor’s Responsibilities. Contractor shall:
(a) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;
(b) Provide the resources necessary to complete the Services in a timely manner;
(c) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
DocuSign Envelope ID: 841B7FDC-2BBB-41FE-BBC9-A43E4176794E

EXHIBIT A
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Agreement for Services Page 2
Rev. 09/19/23
(d) Obtain and keep in effect all necessary licenses, permits, qualifications, insurance, and approvals legally and professionally required for Contractor to practice its profession and to provide the Services;
(e) Comply with all laws in effect that are related to Contractor and the Services; (f) Coordinate the Services with Jimmie Truesdell, 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 invoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Contractor shall give City 30 calendar-days’ written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants them, Contractor and City shall coordinate their delivery to City in the most efficient manner possible;
(j) Prepare and submit a written report to the Project Manager, within 3 business-days of the Project Manager’s written request, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;
(k) Contractor shall correct, at its own expense, all errors in the Services.

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

5. Compensation and Payment.
(a) The total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $ 2,288,790 ("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, 2027, 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 Services 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 disclosed by Contractor to City and Contractor obtains a license to such items for the benefit of City. All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.

10. Confidentiality. Contractor shall not disclose any confidential or proprietary information received from City to anyone except Contractor’s employees who require access to the information to perform the Services. This obligation shall survive DocuSign Envelope ID: 841B7FDC-2BBB-41FE-BBC9-A43E4176794E

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

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 payment 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.

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

16. Economic Disclosure. Contractor shall comply with City’s local conflict of interest code and the Political Reform Act, and prepare and file an economic disclosure statement if the Services 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. The terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and an attachment hereto, the language in the body of the Agreement controls.

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

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

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:

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

Livermore, California 94551
TO CONTRACTOR: Attention: Daniel Allen
Holloway Environmental Solutions, LLC.
2019 Westwind Drive, Suite B
Bakerfield, CA 93301

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.
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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.

Dated:
___________________________
Dated:
___________________________
CONTRACTOR:
____________________________
By: Daniel Allen
Title: Chief Operating Office
CITY OF LIVERMORE:
___________________________
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: 841B7FDC-2BBB-41FE-BBC9-A43E4176794E 5/8/2024 | 9:36 AM PDT

EXHIBIT A
205
Exhibit A
Scope of Work

CONTRACTOR RESPONSIBILITIES

1. Provide and maintain all applicable land, permits, facilities, equipment, machinery, labor, materials, utilities, and all appurtenances as required to provide guaranteed Biosolids transporting and beneficial reuse and/or disposal services for up to 150% (13,650 wet tons) of the Biosolids currently generated each year by CITY.

2. Coordinate daily biosolids haul away with Livermore Water Reclamation Plant (LWRP) staff to include:
a. One to three staged trailers on-site at the City of Livermore Water Reclamation Plant available at all times.
b. Trailer pick-up and drop off between 6:00 a.m. and 6:00 p.m. at a pre-designated area at LWRP.
c. Arrival within 24-hours of being notified that a pick-up is ready with an empty trailer to replace a full trailer.
d. On-site arrival within 24 hours of being notified that a pick-up is ready e. LWRP staff will prepare loading the trailers as follows:
i. Move trailer into loading bay for filling.
ii. Fill trailer to appropriate trailer weights.
iii. Park loaded trailer in pre-designated area.
iv. Notify Contractor with front and rear axle weights and inform Contractor a trailer is ready by phone and email.
v. Provide Contractor/Hauler a manifest to haul to landfill or beneficial reuse.

3. Coordination of trailer drops and pick up by hauler, GIC or designee of Contractor. a. Materials to be delivered to Holloway’s Class III landfill located at 14045 Holloway Road, Lost Hills, CA 93249.

4. Invoice monthly based off the tonnages from Contractor’s certified scales, and report tag weights and loads with monthly billing.

CITY RESPONSIBILTIES

1. Provide equipment daily 24-hour security on-site.

2. Sampling and lab testing to ensure materials are within Contractor’s permit limits.

UNIT COST
The cost per wet ton for hauling and beneficial reuse/disposal is $76.00.

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Revised 4/8/21 B13 – 1M POL (revised Biosolids)

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Livermore City CouncilJune 24, 2024

Livermore City Council
June 24, 2024