Agenda packet — Livermore City Council, September 9, 2024 (part 1 of 4)

CITY COUNCIL
AGENDA
MONDAY, SEPTEMBER 9, 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 September 9, 2024
1 1. CLOSED SESSION - NONE.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS - NONE.

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

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

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).

5.1 Approval of draft minutes - July 22, 2024 Regular Meeting Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report
Attachments:

1. DRAFT 2024-07-22

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 September 9, 2024
2 5.2 Adoption of two ordinances implementing the Isabel Crossing project, approving Development Code Amendment (DCA) 24-001 and Development Agreement (DA) 22-001.

Recommendation:

Staff recommends the City Council take the following actions:

1. Adopt an ordinance approving Development Code Amendment (DCA) 24-001, for the Isabel Crossing Project, that would amend the alternative means of compliance and affordability requirements in Livermore Development Code Section 10.06.050; and

2. Adopt an ordinance approving Development Agreement (DA) 22-001 with Isabel Portola Owner LLC, for the Isabel Crossing Project, that would vest development rights for 20 years, provide financial certainty for the applicant, and secure a range of community benefits for the City of Livermore.

Staff Report
Attachments:

1. Ordinance - Development Code Amendment

2. Exhibit A - PC Development Code Amendment Resolution

3. Exhibit B - Livermore Development Code Text Amendment

4. Ordinance - Development Agreement

5. Exhibit A - PC Development Agreement Resolution

6. Exhibit B - Development Agreement

5.3 Introduce an ordinance and waive the first reading revising Municipal Code Chapter 1.28 related to the Conflict of Interest Code - Biennial Notice to revise reporting categories and add or remove positions as appropriate.

Recommendation:

Staff recommends the City Council accept the 2024 Local Agency Biennial Notice, introduce an ordinance, and waive the first reading revising Municipal Code Chapter 1.28, Conflict of Interest Code, to revise reporting categories and add or remove positions to align with updates to the City’s salary schedule.

Staff Report
Attachments:

1. 2024 Local Agency Biennial Notice

2. Redlined 2024 Conflict of Interest Code

3. Ordinance

4. Exhibit A - Appendix A

5.4 Resolution authorizing the City Manager to execute a fourth amendment to the agreement with Swaim Biological, Inc. for on-call environmental support services, for the City's Stream Maintenance Program and other projects, until December 31, 2025, increasing the not-toexceed agreement amount from $1,200,000 to $1,450,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a fourth amendment to the agreement with Swaim Biological, Inc. for on-call environmental support services, for the City's Stream Maintenance Program and other projects until Livermore City Council Agenda September 9, 2024
3 December 31, 2025, increasing the not-to-exceed agreement amount from $1,200,000 to $1,450,000.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Fourth Amendment

5.5 Resolution authorizing execution of a second amendment to the agreement with HMH Engineers for on-call engineering services, increasing the not-to-exceed agreement amount from $1,200,000 to $1,800,000, and extending the term of the agreement to December 31, 2027 to continue to provide engineering services for various capital improvements program projects, including, but not limited to, the Street Resurfacing 2022 Project 2022-01, the Arroyo Rd Trail T-13 Segment B Project 2019-55, and the Vasco Widening Project 2018-37.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a second amendment to the agreement with HMH Engineers for on-call engineering services, increasing the not-to-exceed agreement amount from $1,200,000 to $1,800,000, and extending the term of the agreement to December 31, 2027 to continue to provide engineering services for various capital improvements program projects, including, but not limited to, the Street Resurfacing 2022 Project 2022-01, the Arroyo Rd Trail T-13 Segment B Project 2019- 55, and the Vasco Widening Project 2018-37.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Second Amendment

5.6 Resolution authorizing execution of the first amendment to the agreement with 4 LEAF, Inc. increasing the not-to-exceed amount from $546,000 to $1,221,000 and extending the term of the agreement from June 30, 2025 to December 31, 2026, to provide continuous construction inspection and administration services for the Water Reclamation Plant (WRP) Primary and Secondary Treatment Improvement Project 2019-31 and the WRP UV Treatment System Replacement Project 2021-28 and as needed on-call construction inspection services.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a first amendment to the engineering services agreement with 4 LEAF, Inc. increasing the notto-exceed amount from $546,000 to $1,221,000 and extending the term of the agreement from June 30, 2025 to December 31, 2026, to provide continuous construction inspection and administration services for the Water Reclamation Plant (WRP) Primary and Secondary Treatment Improvement Project 2019-31 and the WRP UV Treatment System Replacement Project 2021-28 and as needed on-call construction inspection services.

Staff Report
Attachments:

1. Site Plan
Livermore City Council Agenda September 9, 2024
4 2. Resolution

3. Exhibit A - First Amendment

5.7 Resolution authorizing execution of an agreement with HMH Engineers, in an amount not-toexceed $361,000 and a term ending December 31, 2026, to provide engineering services for Portola Avenue Slide Repair Project S202300P, Subtask S230042C, Federal Project No. ER15J7(107).

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with HMH Engineers, in an amount not-to-exceed $361,000 and a term ending December 31, 2026, to provide engineering services for Portola Avenue Slide Repair Project S202300P, Subtask S230042C, Federal Project No. ER-15J7(107).

Staff Report
Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Agreement

5.8 Resolution approving Final Tract Map 8689 Arroyo Vista (Phase 2), authorizing execution of a Subdivision Improvement Agreement for the Arroyo Vista Project located on the east side of the Arroyo Seco Channel along Las Positas Road, and accepting on behalf of the public all real property offered for dedication within Final Tract Map 8689 except for certain easements which 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 8689 for recording,

3. Approving and authorizing execution of the Subdivision Improvement Agreement for Tract 8689 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 8689 in conformance with the terms of the offer, except for the following:

Public Utility Easement (P.U.E), Public Water Line Easement (W.L.E), and Public Sanitary Sewer Easement (S.S.E.), Parcel V (Fontana Street, Dolcetto Loop and Tarrango Street), Las Positas Road and Bennett Drive Street Dedications, and Emergency Vehicle Access Easement (E.V.A.E.) which the Council rejects at this time, reserving the right to accept the offer at a future date.

Staff Report
Attachments:

1. Vicinity Map

2. Resolution

3. Exhibit A - Final Tract Map 8689

4. Exhibit B - Subdivision Improvement Agreement
Livermore City Council Agenda September 9, 2024
5 5.9 Resolution approving a request to the Metropolitan Transportation Commission for the allocation of $436,280 from FY 2024-25 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding to the Livermore Arroyo Road Trail Project 2019-55.

Recommendation:

Staff recommends the City Council adopt a resolution approving a request to the Metropolitan Transportation Commission (MTC) for the allocation of $436,280 from FY 2024-25 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Project Funding to the Livermore Arroyo Road Trail Project 2019-55.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - TDA Article 3 Project Application Findings

3. Exhibit B - TDA Article 3 Project Application Form and Attachments

5.10 Resolution authorizing execution of lease agreements with New Cingular Wireless PCS, LLC for the construction and maintenance of telecommunications facilities on City property located at 2705 Ames Street and 3663 Pacific Avenue.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute lease agreements with New Cingular Wireless PCS, LLC for the construction and maintenance of wireless telecommunications facilities on City property located at 2705 Ames Street and 3663 Pacific Avenue.

Staff Report
Attachments:

1. Location Map 2705 Ames Street

2. Location Map 3663 Pacific Ave

3. Resolution

4. Exhibit A - Lease Agreement 2705 Ames Street

5. Exhibit B - Lease Agreement 3663 Pacific Avenue

5.11 Resolution authorizing supplemental appropriations of carry-over budgets, $41,332 from the Traffic Impact Fee Fund 510 and $25,278 from the Park Fee - AB 1600 Fund 512, to complete the Traffic Impact Fee and Park Facility Fee Nexus Studies.

Recommendation:

Staff recommends City Council adopt a resolution authorizing supplemental appropriations of carry-forward budgets, $41,332 from the Traffic Impact Fee Fund 510 to the FY 2024-25 engineering operating budget to complete the Traffic Impact Fee Nexus Study and $25,278 from the Park Fee - AB 1600 Fund 512, to the FY 2024-25 engineering operating budget to complete the Park Facility Fee Nexus Study.

Staff Report
Attachments:

1. Resolution
Livermore City Council Agenda September 9, 2024
6 5.12 Resolution authorizing the execution of a second amendment to the Standard Services Agreement with the County of Alameda for Tri-Valley Shelter Programs operating subsidies to extend the term through June 30, 2025.

Recommendation:

Staff recommends the City Council adopt a resolution:

1. Authorizing the City Manager, or her designee, to execute the Second Amendment to the Standard Services Agreement with the County of Alameda, attached hereto as Exhibit A, to extend the term of the Standard Services Agreement through June 30, 2025.

2. Authorizing the City Manager, or her designee, to execute all subsequent amendments to the Standard Services Agreement with the County of Alameda that extend the term of the Standard Services Agreement beyond June 30, 2025, so that the City and subrecipients may expend remaining HHAP funds.

3. Authorizing the City Manager, or her designee, to sign all documents related to the execution of grant agreements and, as appropriate, amended grant agreements with agencies receiving allocations of HHAP Rounds 3 and 4 funds from the City of Livermore, including agreements and amended agreements with agencies in amounts exceeding $200,000, consistent with the requirements of the Standard Services Agreement and all amendments thereto.

4. Authorizing the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed agreement attached hereto as Exhibit A.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Second Amendment

5.13 Resolution authorizing the execution of an Inter-Governmental Collaboration Agreement with the County of Alameda and Alameda County Cities and Housing Authorities for the completion of the Assessment of Fair Housing. The total agreement amount is $86,885 and the City’s share of the agreement cost is approximately $2,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the execution an InterGovernmental Collaboration Agreement with the County of Alameda and Alameda County Cities and Housing Authorities for the completion of the Assessment of Fair Housing. The total agreement amount is $86,885 and the City’s share of the agreement cost is approximately $2,000.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Agreement

5.14 Resolution authorizing the submission of an application to the State of California Housing and Community Development Department’s Local Housing Trust Fund (LHTF) Program in an Livermore City Council Agenda September 9, 2024
7 amount not-to-exceed $5,000,000 for development phase 2 of the Pacific Avenue Senior Apartments, execution of an agreement with the State of California, and certification for expenditure of funds.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing:

1. If City (the “Applicant) receives an award of LHTF funds from the Department pursuant to the Notice of Funding Availability (“NOFA”) dated July 9, 2024 under the LHTF Program, it represents and certifies that it will use all such funds on Eligible Projects in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including, without limitation, all rules and laws regarding the LHTF Program, as well as any and all contracts Applicant may have with the Department (“Eligible Project”);

2. The City of Livermore Affordable Housing Trust Fund to act as the manager or trustee (as applicable) in connection with the Department's funds to Eligible Projects pursuant to the NOFA in an amount not to exceed $5,000,000 (the "LHTF Award"), including administrative costs, pursuant to Section 105(b) of the LHTF Program Guidelines;

3. Agreement to match on a dollar-for-dollar basis the LHTF Award pursuant to Guidelines Section 104. Applicant hereby agrees to utilize matching funds on a dollar-for-dollar basis for the same Eligible Project for which Program Funds are used, as required by HSC Section 50843.5(c);

4. Pursuant to Exhibit A of the Resolution, the LHTF funds will be expended only for Eligible Projects and consistent with all program requirements.

5. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, H&S Section 50842.2 et seq. and LHTF Program Guidelines;

6. The City Manager, or her designee, is authorized to execute the LHTF Program Application, the LHTF Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the LHTF Award to Applicant, as the Department may deem appropriate; and,

7. The City Manager, or her designee, to issue a Letter(s) of Intent, as defined by the State, to Eligible Projects to provide funding if awarded by the State.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Summary of Local Housing Trust Fund Projects

5.15 Resolution authorizing the issuance of a purchase order for three replacement Chevrolet Police Patrol Vehicles from Winner Chevrolet in an amount not-to-exceed $220,707.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing issuance of a purchase order to Winner Chevrolet in Sacramento, California for the purchase of three replacement Chevrolet Police Patrol Vehicles under Statewide Contract #1-22-23-23D for a not-to-exceed amount of $220,707.

Staff Report
Attachments:

Livermore City Council Agenda September 9, 2024
8 1. Winner Chevrolet Statewide Contract

2. Winner Chevrolet Quote

3. Resolution

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

Recommendation:

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

Staff Report
Attachments:

1. Resolution

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 protests related to the annual fire hazard abatement program and confirm the 2024 Weed Abatement Program assessments for collection on the County Assessor tax roll.

Recommendation:

Staff recommends City Council consider all protests, and if Council finds appropriate, adopt a resolution overruling protests and confirming the 2024 weed abatement assessments and direct staff to file a certified copy of the assessment report with the County Auditor.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - 2024 Weed Abatement Assessments

6.2 Hearing to consider a request for a Specific Plan Amendment, Planned Development, Site Plan Design Review Modification, and Development Agreement Amendment to modify the 2017 approval for the Arroyo Vista Residential Project to increase the height of the single family detached units from two stories to three stories, remove a pedestrian bridge requirement, and secure community benefits including pocket parks and a financial contribution.

Recommendation:

The Planning Commission and staff recommend the City Council:

1. Adopt a resolution certifying the 2024 Arroyo Vista Neighborhood Project Addendum to the Arroyo Vista Neighborhood Plan Initial Study Mitigated Negative Declaration [IS/MND], as amended by the 2017 Addendum for the Arroyo Vista Residential Development,

2. Adopt a resolution approving Specific Plan Amendment (SPPA) 24-002; Livermore City Council Agenda September 9, 2024
9 3. Adopt a resolution approving Site Plan Design Review Modification (SPDRM) 24-002;

4. Introduce an ordinance and waive the first reading authorizing execution of Planned Development Amendment (PD) 24-001; and

5. Introduce an ordinance and waive the first reading authorizing execution of Development Agreement Amendment (DAA) 24-001.

Staff Report
Attachments:

1. Memo - Staff Analysis - Arroyo Vista

2. Location Map

3. Planning Commission Meeting Minutes

4. Resolution - CEQA

5. Exhibit A - Planning Commission CEQA Resolution

6. Exhibit B - 2017 Addendum

7. Exhibit C - MMRP

8. Exhibit D - Arroyo Vista Addendum

9. Resolution - Specific Plan Amendments

10. Exhibit A - Planning Commission Project Approval Resolution

11. Exhibit B - Specific Plan Amendments

12. Resolution - Project

13. Exhibit A - Planning Commission Project Resolution

14. Exhibit B - Proposed Plans

15. Exhibit C - Conditions of Approval

16. Ordinance - Planned Development

17. Exhibit A - Planning Commission Project Approval Resolution

18. Exhibit B - Planned Development Text Amendment

19. Ordinance - Development Agreement Amendment

20. Exhibit A - Planning Commission Project Approval Resolution

21. Exhibit B - Development Agreement Amendment

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 Designation of voting delegate and alternates for the 2024 League of California Cities General Assembly.

Recommendation:

Staff recommends the City Council appoint one voting delegate and up to two alternates to represent the City of Livermore at the 2024 League of California Cities General Assembly.

Staff Report
Attachments:

1. 2024 Cal Cities Voting Delegate Information Packet

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS
Livermore City Council Agenda September 9, 2024
10 9. ADJOURNMENT
To a Regular City Council meeting on Monday, September 23, 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 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 Livermore City Council Agenda September 9, 2024
11 and the public upon submittal.

Submission of Comments During the Meeting:

Speakers are limited to a maximum of 3 minutes per person. To submit a comment you must complete a speaker card for each item. Speaker cards are available in the Civic Center Meeting Hall lobby. Indicate on the card the item number you wish to comment on and submit the card directly to the City Clerk prior to the start of the item. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda.

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

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

TV29: tv29live.org Comcast Cable 29
YouTube: http://youtube.com/c/CityofLivermoreCalifornia If you would like to deliver written materials to the City Council as part of your public comment, please provide 10 copies to the City Clerk with your speaker card.

The City Council Agenda and Agenda Reports are prepared by City staff and are available for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://LivermoreCA.gov/agenda.

Under Government Code §54957.5, any supplemental material distributed to the members of the City Council after the posting of this agenda will be available for public review in the City Clerk’s Office, 1052 South Livermore Avenue, Livermore, and included in the agenda packet available on the City’s web site at http://LivermoreCA.gov/agenda.

PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT (CODIFIED AT 42 UNITED STATES CODE SECTION 12101 AND 28 CODE OF FEDERAL REGULATIONS PART 35), AND SECTION 504 OF THE REHABILITATION ACT OF 1973, THE CITY OF

LIVERMORE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION,

NATIONAL ORIGIN, ANCESTRY, SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN

ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE CONTACT THE ADA COORDINATOR AT [email protected] OR CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.

Livermore City Council Agenda September 9, 2024
12 CITY COUNCIL STAFF REPORT ITEM NO. 5.1
DATE: September 9, 2024
TO: Honorable Mayor and City Council
FROM: Marianna Marysheva, City Manager
SUBJECT: Approval of draft minutes - July 22, 2024 Regular Meeting

RECOMMENDED ACTION
Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. DRAFT 2024-07-22
Prepared by: Debbie Elam
Acting City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
13 July 22, 2024 Minutes CM/75/1

CITY COUNCIL
JULY 22, 2024
________________________________________________________________

CLOSED SESSION
CALL TO ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand at 6:00 pm, held in person at 1016 S. Livermore Avenue and YouTube.

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

Absent: Council Member Kiick

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

Mayor Marchand opened the public comment period.

Jean King provided a comment.

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

City Attorney Jason Alcala made the following announcement: Pursuant to G/C section 54956.9(e)(2), I would like to disclose that the anticipated litigation closed session item relates to comments by Citizens for Balanced Growth at the City Council meeting on July 8, 2024, and a letter from their attorney dated July 19, 2024, that allege the City’s use of Dougherty Valley Settlement Funds is illegal and a breach of the Dougherty Valley Settlement Agreement, posturing a lawsuit against the City of Livermore.

1. ADJOURN TO CLOSED SESSION

1.1 Conference with Legal Counsel - Anticipated Litigation. To meet with legal counsel pursuant to Government Code sections 54956.9(d)(2) and (e)(2) because there is significant exposure to litigation against the City based on existing facts and circumstances. (One Case.)
Facts and circumstances related to an accident, disaster, incident, or transactional occurrence that might result in litigation against the City and that are known to a potential plaintiff or plaintiffs

1.2 Conference with Legal Counsel - Existing Litigation. To meet with legal ATTACHMENT 1
14 CM/75/2 Minutes July 22, 2024
counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (Two cases)
Alameda County Taxpayers’ Association Inc, et al. v. Livermore, Alameda County Superior Court Case No. 23CV047436
Alameda County Taxpayers’ Association Inc, et al. v. Livermore, Alameda County Superior Court Case No. 24CV058036

1.3 Conference with Real Property Negotiator. To meet with Paul Spence Assistant City Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the sale and purchase of real property at Assessor’s Parcel No. 99B-5300-2-13. The City's negotiators may negotiate with Stephen Wawryk and Danielle Davenport on behalf of Western Title Insurance Company. The instructions will concern price and terms of payment.

1.4 Conference with Real Property Negotiator. To meet with Paul Spence Assistant City Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the sale and purchase of real property at Assessor’s Parcel No. 903-10-1. The City's negotiators may negotiate with Stephen Wawryk and Danielle Davenport on behalf of Livermore Venture Partners LP. The instructions will concern price and terms of payment.

1.5 Conference with Real Property Negotiator. To meet with Paul Spence Assistant Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the purchase and sale of real property at Assessor’s Parcel No. 99-100-19-8. The City's negotiators may negotiate with Joe Owens and Steve Jackson, on behalf of Johnny L. Moore & Brett M. Pieretti. The instructions will concern price and terms of payment.

1.6 Conference with Real Property Negotiator. To meet with Paul Spence Assistant Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the purchase and sale of real property at Assessor’s Parcel No. 99B-5680-14. The City's negotiators may negotiate with Jim Arnold, on behalf of Jeanne Moghadam Trust. The instructions will concern price and terms of payment.

1.7 Conference with Real Property Negotiator. To meet with Paul Spence Assistant Manager and Andy Ross Economic Development Manager, the City's negotiators pursuant to Government Code section 54956.8, regarding the purchase and sale of real property at Assessor's Parcel Ns. 099B-5500-001-10 and 099B-5500-002-5. The City's negotiators may negotiate with real estate staff members for, and on behalf of, the San Francisco Bay Area Rapid Transit (BART) District. The instructions will concern price and terms of payment.

ATTACHMENT 1
15 July 22, 2024 Minutes CM/75/3

_______________________________________________________________

REGULAR MEETING

2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:02 pm, held in person at 1016 S. Livermore Avenue and YouTube.

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

Absent: Council Member Kiick

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION

City Attorney Jason Alcala said there was no reportable action.

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Livermore Housing Authority annual update presented by Sarah Ramler, Executive Director, Livermore Housing Authority.

Sarah Ramler, Executive Director, Livermore Housing Authority provided an update.

4. OPEN FORUM
The Mayor reordered the agenda moving Open Forum after item 6.2

5. CONSENT CALENDAR
Items 5.2 and 5.23 were removed from the Consent Calendar for separate discussion and action.

Mayor Marchand opened the public comment period.

Item 5.15 Aaron Haycraft provided a comment.

Item 5.15 Cathryn Villasenor provided a comment.

Item 5.15 Alan Marling provided a comment.

Item 5.15 Tracy Heskett provided a comment.

Item 5.15 Lisa Gemberling provided a comment.

Item 5.15 Deborah Gibson provided a comment.

ATTACHMENT 1
16 CM/75/4 Minutes July 22, 2024
Item 5.15 Nancy Chrisp provided a comment.

Item 5.15 Amy Rose provided a comment.

Item 5.15 Doug and Geri Lonnberg provided a comment
Item 5.15 Greg P. provided a comment.

Item 5.15 Mel Chiong provided a comment.

Item 5.15 Caroline Powers Robinson provided a comment.

Item 5.15 Trish Munro provided a comment.

Item 5.15 Tracy Kronzak provided a comment.

Item 5.15 Marilyn Dykstra provided a comment.

Item 5.15 Judy Sheehan provided a comment.

Item 5.15 Bianca Covarelli provided a comment.

Item 5.15 Charles Henze provided a comment.

Item 5.15 Mark Thomason provided a comment.

Item 5.15 Kelle Gouveia provided a comment.

Item 5.15 Dan Pierce provided a comment.

Item 5.5 Donna Cabanne provided a comment.

Item 5.5 Jean King provided a comment.

Item 5.22 Doug Mann provided a comment.

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

ON THE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY VICE MAYOR CARLING AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEMS 5.1 AND 5.3-5.22.

ON THE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY
COUNCIL MEMBER BARRIENTOS AND CARRIED ON A 3-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5.2. VICE MAYOR
CARLING ABSTAINED DUE TO HIS ABSCENSE AT THE MEETING OF JULY 8, 2024.

ATTACHMENT 1
17 July 22, 2024 Minutes CM/75/5

ON THE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY VICE MAYOR CARLING AND CARRIED ON A 3-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5.23. MAYOR MARCHAND
ABSTAINED DUE TO A CONFLICT OF INTEREST.

5.1 Approval of draft minutes for June 24, 2024

5.2 Approval of draft minutes for July 8, 2024

5.3 Resolution 2024-121 dedicating a Public Utility Easement (PUE) to the public over a portion of City owned land within a portion of Stockmen’s Park and authorizing the City Manager to execute the PUE to serve the designated Commercial Use Areas adjacent to Stockmen’s Park.

5.4 Resolution 2024-122 summarily vacating a portion of public right-of-way along South Livermore Avenue and authorizing execution of quitclaim deeds to accommodate the approved Blacksmith Square Expansion project.

5.5 Resolution 2024-123 authorizing the City Manager to execute the first amendment to the Amended and Restated Disposition, Development, and Loan Agreement between the City of Livermore and 2205 Railroad Avenue LLC for a downtown hotel.

5.6 Resolution 2024-124 authorizing the execution of an agreement with Michael Baker International, Inc. for services to support the administration of the City’s Affordable First-Time Homebuyer Program and Mortgage Assistance Program in a not-to-exceed amount of $400,000, a term ending June 30, 2029, and appropriating $400,000 over five years from the Housing Trust Fund.

5.7 Resolution 2024-125 authorizing the change of the General Partner for 2891 Carmen, L.P., owner of the Carmen Avenue Apartments from Satellite AHA Development, Inc. to ABODEHD 2891 CARMEN LLC, to streamline property management and service delivery.

5.8 Resolution 2024-126 authorizing the execution of a second amendment to the Memorandum of Understanding between the City of Livermore, Alameda County, and Livermore Sanitation, Inc. to modify provisions of collection services to meet compliance with Senate Bill 1383 in the County Collection Zone 1 and to determine no further action under CEQA is required.

5.9 Resolution 2024-127 authorizing the execution of agreements with GSW Construction, Inc. and Platinum Pipeline, Inc. for on-call construction services for City water, sewer, and storm drain systems for a three-year term in an amount notto-exceed $2,400,000.

5.10 Resolution 2024-128 awarding and authorizing the execution of an agreement with Environmental Logistics, Inc. for services to remove, clean, and dispose of hazardous and non-hazardous materials for a three-year term in an amount not-to-exceed $775,000.

ATTACHMENT 1
18 CM/75/6 Minutes July 22, 2024

5.11 Resolution 2024-129 appropriating $4,300,000 in Wastewater Enterprise Funds in FY 2024-25 for the repair and relocation of the Livermore Sole-Use Treated Wastewater Pipeline.

5.12 Resolution 2024-130 authorizing the issuance of a purchase order to Petersen Cat for a Weiler P65 Paver in an amount not-to-exceed $143,554 and an appropriating $143,554 from the Fleet Internal Service Fund to purchase the Paver.

5.13 Resolution 2024-131 authorizing execution of an agreement with NFP Retirement, Inc. for consultant services pertaining to the City's Deferred Compensation Plans in an amount not-to-exceed $208,000, and a term ending June 30, 2029.

5.14 Resolution 2024-132 authorizing the execution of an agreement with Eide Bailly, LLP for auditing services in an amount not-to-exceed $360,000 for fiscal years 2023-24 and 2024-25.

5.15 Resolution 2024-133 authorizing the execution of Project and Program Grant Agreements with Livermore Pride, Livermore Valley Opera (LVO) and Thomasin Dewhurst Fine Art consistent with the City's Public Art Policy.

5.16 Resolution 2024-134 authorizing the execution of an agreement with All City Management Services, Inc. to provide crossing guard services for a five-year term, in an amount not-to-exceed $1,516,644.

5.17 Resolution 2024-135 authorizing acceptance of funds in the amount of $64,074, for a State of California Department of Alcoholic Beverage Control grant in Fiscal Year 2024-25 and authorizing the City Manager to execute the grant agreement.

5.18 Resolution 2024-136 establishing fees for a concealed carry weapons (CCW) permit and appropriating $15,000 of the fee revenue to cover the costs to implement the CCW permit program.

5.19 Resolution 2024-137 authorizing the City Manager to execute all documents and forms for the City to participate in settlement agreements for the National Prescription Opiate Litigation.

5.20 Resolution 2024-138 rescinding Resolution 170-82 designating Tri-Valley Community Television Corporation as the official body to receive cable television funds.

5.21 Resolution 2024-139 of continued local emergency in response to impacts from a series of severe storm events last year.

5.22 Resolution 2024-140 accepting the Altamont Landfill Open Space Committee’s recommendation to expend funds in the amount of $980,000 for the ATTACHMENT 1
19 July 22, 2024 Minutes CM/75/7

purchase of Harford Hills Property (82-acres) in Eastern Alameda County (APNS 902-9-3-1 AND 902-9-3-2).

Resolution 2024-141 finding that the acquisition of the Hartford Hills Property (82-acres – APNS 902-9-3-1 AND 902-9-3-2) is exempt from the provisions of the California Environmental Quality Act.

Resolution 2024-142 authorizing the City Manager to execute a purchase and sale agreement for the acquisition of the Hartford Hills Property (82-acres – APNS 902-9-3-1 AND 902-9-3-2)
Resolution 2024-143 authorizing from the Dougherty Valley Settlement Agreement (Fund 925) for the amount of $980,000 to acquire the Hartford Hills Property (82-acres – APNS 902-9-3-1, 902-9-3-2)

5.23 Resolution 2024-144 authorizing an agreement with Attitude Aviation Inc. for the use of airport property for equipment, materials, and vehicle storage, for a term up to five years and a Base Rental Rate of $21,582 per year.

6. PUBLIC HEARINGS
The Mayor reordered the agenda moving Public Hearings after 7.1

7. MATTERS FOR CONSIDERATION

7.1 Resolution adopting 180-day wait period exception to hire retired annuitant, Nancy Dias, former Human Resources Manager, in accordance with Government Code section 7522.56 of the Public Employees' Retirement Law.

Recommendation: Staff recommended that the City Council adopt a resolution approving the hiring of retired annuitant, Nancy Dias, former Human Resources Manager, in accordance with Government Code section 7522.56 of the Public Employees' Retirement Law.

Acting Human Resources Manager Kristen Hilton presented the staff report.

Mayor Marchand opened the public comment period.

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

ON THE MOTION OF COUNCIL MEMBER BARRIENTOS, SECONDED BY VICE MAYOR CARLING AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2024-145 adopting a 180-day wait period exception to hire a retiree in accordance with Government Code sections 7522.56 and 21224 of the Public Employees’ Retirement Law.

ATTACHMENT 1
20 CM/75/8 Minutes July 22, 2024

6. PUBLIC HEARINGS

6.1 Public Hearing to consider protests related to the non-payment of solid waste, recycling, and organics handling services provided by Livermore Sanitation for collection on the County Assessor tax roll.

Recommendation: Staff recommended the City Council hold a Public Hearing to:

1. Consider protests related to the non-payment of solid waste, recycling, and organics services;

2. Adopt a resolution overruling protests and confirm the 2022 and 2023 assessments if applicable; and,

3. Direct staff to forward a finalized copy of the assessment report to the County Tax Assessor.

Recycling Specialist Anna Zamboanga presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers, and the hearing was closed.

ON THE MOTION OF VICE MAYOR CARLING, SECONDED BY COUNCIL MEMBER BARRIENTOS AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2024-146 considering and overruling objections and protests to nonpayment of solid waste, recycling, and organics handling services provided by Livermore Sanitation for collection on the County Assessor Tax Roll and confirming assessments.

6.2 Hearing to consider a request for a Vesting Tentative Tract Map, Site Plan Design Review, Development Agreement, Consistency Determination, Conditional Use Permit, Master Sign Program Amendment, and Development Code amendment to develop vacant land located southwest of the Portola Avenue and Isabel Avenue intersection with for-sale residential townhome and condominium units and for-rent apartments with mixed commercial and office uses and a public park and public plazas, known as Isabel Crossing.

Recommendation: The Planning Commission and staff recommended the City Council take the following actions:

1. Adopt a resolution adopting an Addendum to the Isabel Neighborhood Specific Plan Supplemental Environmental Impact Report, in accordance with the California Environmental Quality Act.

2. Introduce an ordinance and waive the first reading approving Development Code Amendment (DCA) 24-001;
ATTACHMENT 1
21 July 22, 2024 Minutes CM/75/9

3. Adopt a resolution approving Specific Plan Amendment (SPPA) 24-001;

4. Introduce an ordinance and waive the first reading approving Development Agreement (DA) 22-001;

5. Adopt a resolution approving Subdivision (SUB) 22-008, Conditional Use Permit (CUP) 24-002, Site Plan Design Review (SPDR) 24-003, Master Sign Plan Amendment (MSP) 24-001; the proposed Master Plan; the Alternative Affordable Plan; the requested Density Bonus Waivers and Incentive/Concessions; and the No Net Loss findings;

6. Direct the Planning Manager to file a Notice of Determination, in accordance with the provisions of the California Environmental Quality Act, subject to Project approval; and

7. Direct the City Clerk to record the Development Agreement, in accordance with the provisions of the California Government Code, subject to Project approval.

Senior Planner Jake Potter presented the staff report.

Project Attorney Sblend Sblendorio provided a comment.

Owner’s Representative Bill Myers provided a comment.

Mayor Marchand opened the public hearing.

Kay King provided a comment.

Jean King provided a comment.

Brian Werner provided a comment.

Laning Thompson provided a comment.

Alan Burnham provided a comment.

Katie Marcel provided a comment.

Lingagoud Memula provided a comment.

Trish Munro provided a comment.

Donna Cabanne provided a comment.

Alan Marling provided a comment.

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

ATTACHMENT 1
22 CM/75/10 Minutes July 22, 2024

ON THE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY VICE MAYOR CARLING AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL

ADOPTED THE FOLLOWING RESOLUTIONS AND INTRODUCED THE
FOLLOWING ORDINANCES:

Resolution 2024-147 adopting an addendum to the 2020 Isabel Neighborhood Specific Plan Supplemental Environmental Impact Report for the Isabel Crossing Project.

Resolution 2024-148 approving Specific Plan Amendment 24-001, for the Isabel Crossing project, that would amend the Isabel Neighborhood Specific Plan’s Master Planning and Inclusionary Policies and amend the Land Use Map.

Resolution 2024-149 approving Vesting Tentative Tract Map (VTTM) 8659 – Subdivision (SUB) 22-008, Site Plan Design Review (SPDR) 24-003, Conditional Use Permit (CUP) 24-002, and Master Sign Program Amendment (MSP) 24-001; the Density Bonus Request; the No Net Loss analysis; the Proposed Master Plan; and the Proposed Alternative Affordable Plan for the Isabel Crossing Project.

Ordinance introduced approving Development Code Amendment 24-001, for the Isable Crossing Project, that would amend the Alternate Means of Compliance and Affordability requirements in Livermore Development Code Section 10.06.050 (“Inclusionary Ordinance”)
Ordinance introduced approving Development Agreement (DA) 22-001 with Isabel Portola Owner LLC, for the Isable Crossing Project, that would vest development rights for 20 years, provide financial certainty for the applicant, and secure a range of Community Benefits for the City of Livermore.

4. OPEN FORUM
Mayor Marchand opened the public comment period.

Alan Marling provided a comment.

Donna Cabanne provided a comment.

Jean King provided a comment.

Joe provided a comment.

Janet Murray provided a comment.

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

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
ATTACHMENT 1
23 July 22, 2024 Minutes CM/75/11

THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

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

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

Alameda County Agricultural Advisory Committee (AAC), Trails Subcommittee, Council Member Barrientos noted his attendance at the meeting on July 15, 2024
Free Range Flower Winery, Council Member Branning noted his attendance at the ribbon cutting on July 11, 2024.

Tri-Valley NonProfit Alliance (TVNPA) Council Member Branning noted his attendance at the check cashing event on July 11, 2024.

SPARC Theater, Vice Mayor Carling noted his attendance at the performance of Twelfth Night at Darcy Kent Winery on Friday July 19, 2024, and encouraged others to attend.

9. ADJOURNMENT – at 10:13 pm to a Regular City Council Meeting on Monday, September 9, 2024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

APPROVED:

JOHN P. MARCHAND, MAYOR
ATTEST: ___
DEBORAH L. ELAM, ACTING CITY CLERK
ATTACHMENT 1
24 CITY COUNCIL STAFF REPORT ITEM NO. 5.2
DATE: September 9, 2024
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Adoption of two ordinances implementing the Isabel Crossing project, approving Development Code Amendment (DCA) 24-001 and Development Agreement (DA) 22- 001.

RECOMMENDED ACTION
Staff recommends the City Council take the following actions:

SUMMARY

DISCUSSION

ATTACHMENTS

1. Ordinance - Development Code Amendment

2. Exhibit A - PC Development Code Amendment Resolution

3. Exhibit B - Livermore Development Code Text Amendment

4. Ordinance - Development Agreement

5. Exhibit A - PC Development Agreement Resolution

6. Exhibit B - Development Agreement
25 Prepared by: Jake Potter
Senior Planner
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
26 ORDINANCE NO. ___

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT 24-001 FOR

THE ISABEL CROSSING PROJECT THAT WOULD AMEND THE ALTERNATIVE

MEANS OF COMPLIANCE AND AFFORDABILITY REQUIREMENTS IN LIVERMORE DEVELOPMENT CODE SECTION 10.06.050 (“INCLUSIONARY ORDINANCE”)

On September 22, 2022, the City of Livermore (“City”) received an application from the Applicant to develop the approximately 45-acre vacant parcel located at the southwest corner of the Portola Avenue and Isabel Avenue intersection with a mixed-use residential/ commercial development project.

On March 13, 2023, the City Council adopted the 2023 to 2031 Livermore Housing Element, providing adequate sites to support CA’s Regional Housing Needs Allocation (RHNA) Sixth Cycle requirements (2023 – 2031).

On May 10, 2024, the City received an amended application from the Applicant for Vesting Tentative Tract Map (VTTM) 8659 – Subdivision (SUB) 22-008, Site Plan Design Review (SPDR) 24-003, Conditional Use Permit (CUP) 24-002, Consistency Determination (CD) 24-004, Master Sign Program Amendment (MSP) 24-001, Development Agreement (DA) 22-001, Development Code Amendment (DCA) 24-001, and Specific Plan Amendment (SPPA) 24-001 (collectively, the “Project”). The Project would develop vacant land located southwest of the Isabel Avenue and Portola Avenue intersection, implementing the Isabel Neighborhood Specific Plan (“Project”). The Project includes 1,299 residential units, including 363 units affordable to individuals and families of lower, median, and moderate incomes, approximately 90,000 square feet of groundfloor commercial, office, and amenity space, an approximately 1.5-acre neighborhood park with an additional approximately 0.5 acres of public plaza space, new bike lanes, street improvements, street trees, public art, and utility infrastructure. The residential units consist of for sale townhomes and duplexes and mid-rise rental apartments. The Project also includes a 20-year Development Agreement between the City and Developer, a new community facilities district to finance Project infrastructure, and Specific Plan amendments. The Project is seeking relief under state housing/streamlining laws.

The City did not meet the Lower Income RHNA requirements for the Fifth RHNA Cycle (2014 – 2022).

The City’s existing Inclusionary Ordinance does not require all for-sale development projects in the Isabel Neighborhood Specific Plan to provide Lower Income housing.

Providing adequate Lower Income affordable housing with each development project is critical to keep pace with Livermore’s RHNA requirements and to provide a range of housing opportunities for residents of all income levels. 27 ORDINANCE NO. ___
The proposed Inclusionary Ordinance amendments would provide the City Council more flexibility to secure Lower Income affordable housing and ensure future for-sale development projects within the Isabel Neighborhood provide Lower Income affordable units.

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

Section 1. Purpose. This Ordinance makes several changes to Livermore Development Code Section 10.06.050 Inclusionary Ordinance to amend the Alternative Means of Compliance and Affordability requirements.

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

Exhibit B shows the final amended Development Code text.

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

A. 10.06.050(A)(1)(c) is hereby amended so it reads as follows:
c. Isabel Neighborhood Specific Plan Area. In the Isabel Neighborhood Specific Plan area, provide affordable housing in accordance with section 10.06.050(D)(4)(c) below. that at least 20 percent of the total dwelling units shall be affordable housing as follows:
(1) For-Sale Units. The affordable housing units for for-sale residential developments must be sold to median- and moderate-income households.

Of the total number of dwelling units (20 percent) set aside, at least five percent shall be reserved for sale to median-income households with the balance set aside for moderate-income households. Whenever the inclusionary requirement results in a fraction of units, the units shall be combined and provided as median-income units. For example, a 110-unit for-sale residential development would be required to provide 15 percent, or 16.5 units, at the moderate-income level and five percent, or five and one-half units, at the median-income level. Therefore, 16 units shall be provided at the moderate-income level and six units shall be provided at the median-income level.
(2) Rental Units. The affordable housing units for rental residential developments must be designated or reserved for rental to very-lowincome, and low-income, median-income, and moderate-income households. Of the total number of dwelling units (20 percent) set aside, at least six percent shall be reserved for rental to very-low-income households, at least seven percent shall be reserved for low-income households, and at least four percent shall be reserved for median-income households, with the 28 ORDINANCE NO. ___
balance set aside for moderate-income households. Whenever the inclusionary requirement results in a fraction of units, the units shall be combined and provided as very-low-income units. For example, a 110-unit rental residential development would be required to provide six percent, or six and six-tenths units, at the very-low income level; seven percent, or seven and seven-tenths units, at the low-income level; four percent, or four and four-tenths units at the median-income level; and three percent, or three and three-tenths units, at the moderate-income level. The combined fractional units equate to two units that shall be provided as very-lowincome units. Therefore, eight units shall be provided at the very-low income level, seven units shall be provided at the low-income level, four units shall be provided at the median-income level, and three units shall be provided at the moderate-income level.

B. 10.06.050 (D)(4)(c) is hereby amended so it reads as follows:
c. Isabel Neighborhood Specific Plan Area.
(1) For-Sale Units. The developer shall reserve 20 15 percent or more of the for-sale units as affordable units to be sold to median low-and moderateincome households at a price that does not exceed the maximum affordable purchase price for a unit for those households. The maximum purchase price for median low- and moderate-income households shall be as adopted annually by City Council resolution.
(a) At least five seven-and-one-half (7.5) percent of the reserved units shall be set aside for low median-income households, with the balance set aside and at least seven-and-one-half (7.5) percent for moderate-income households.
(b) Whenever the inclusionary requirement results in a fraction of units, the units shall be combined and provided as low median-income units as described in subsection A of this section.
(c) The for-sale units shall be encumbered in a manner acceptable to the City, so that if a buyer resells the reserved unit within the restricted time period for a price in excess of the inflation-adjusted purchase price, then the excess profit will be returned to the City for use in affordable housing programs.
(2) Rental Units. The developer shall reserve 20 percent or more of the rental units as affordable units to be rented to very-low-income, low-income, medianincome, and moderate-income households at a cost that does not exceed maximum monthly rental rates for those households. The maximum monthly rental rates for very-low-income, low-income, median-income, and moderateincome households, shall be adopted annually by City Council resolution. 29 ORDINANCE NO. ___
(a) At least six percent of the reserved units shall be set aside for very-lowincome households, at least seven percent shall be set aside for low-income households, and at least four percent shall be set aside for median-income households, with the balance and three percent set aside for moderateincome households. (b) Whenever the inclusionary requirement results in a fraction of units, the units shall be combined and provided as very-low-income units as described in subsection A of this section.
(c) The rental units shall be marketed and made available through an application process directed by the City and the development shall be managed by an experienced management company acceptable to the City.

C. 10.06.050 (E) is hereby amended so it reads as follows:

E. Implementation – Alternative Means of Compliance.

1. Satisfy Housing Requirement. The following alternatives must be economically equivalent to the affordable housing requirement and may satisfy part or all of the affordable housing requirement.

2. City Council Approval Required. Alternatives to constructing affordable units on site specified in subsections E. 4. a through E.4.de of this section require prior City Council approval.

3. As Part of Application Submittal. A request to use one of these alternatives shall be presented to the City Council as part of a tentative subdivision map or land use entitlement application that is submitted to the City.

4. Report Required. The request shall be accompanied by a report proposing the particular alternative requested, how the alternative will be economically equivalent to the requirement and further affordable housing opportunities in the City, and demonstrating why it is not feasible for the applicant to strictly conform to the requirements of Section 10.06.050 (A)construct affordable units within the development project (through independent data, including financial information). a. Accessory Dwelling Units.
(1) In a project of more than 50 dwelling units, up to 20 percent of the requirement for reserved units may be satisfied by including accessory dwelling units accessory to the market-priced units. (2) Each accessory dwelling unit provides a credit of 20 percent of a required affordable unit, without regard to unit size or other minimum standards specified in subsection D.7 of this section (Comparability of Units).
(3) The accessory dwelling unit shall comply with the standards specified in Section 6.03.120 (Accessory Dwelling Units). b. Off-Site Construction.
30 ORDINANCE NO. ___
(1) A developer may satisfy the affordable housing requirement by constructing, or making provisions to construct, reserved housing units on a site other than the primary project site. (2) The off-site units are subject to the standards specified in subsections D.1 through D.8 of this section.
(3) A developer may not satisfy the affordable housing requirement by applying credits from reserved units on previously
constructed projects.
(4) Other existing units in projects already completed may not be substituted to satisfy the affordable housing requirement. c. In-Lieu Fee.
(1) A developer may satisfy the affordable housing requirement by paying an in-lieu fee for each market-priced unit.
(2) The method of calculating the in-lieu fee is specified in LMC

This does not require City Council approval.
(5) The applicable fee rate shall be determined at the time of building permit application unless otherwise agreed to in the project’s low-income housing agreement.
d. Dedication of Land.
(1) A developer may satisfy the affordable housing requirement by dedicating to the City a parcel of land suitable for development of housing units equal to or exceeding the number of affordable units required to be provided in compliance with this section. (2) The General Plan designation and zoning designation on the land proposed for dedication shall be consistent with the intended use of the property for affordable housing at the appropriate density, and there shall be direct access to improved streets and utilities.
e. Isabel Neighborhood Specific Plan – Alternative Affordable Plan (1) Within the Isabel Neighborhood Specific Plan, A developer may satisfy the affordable housing requirement through an
Alternative Affordable Plan.
(2) The Alternative Affordable Plan shall meet the following requirements:
31 ORDINANCE NO. ___
i. May only be considered as part of a Development
Agreement between a developer and the City of
Livermore; and
ii. May only be considered within the Specific Plan Core Area (Subareas 3a, 3b, and 3c).

Section 4. Recommendation. The Planning Commission held a duly noticed public hearing on July 2, 2024, to consider adoption of an ordinance approving the Development Code Amendment and by its Resolution No. 18-24, attached hereto as Exhibit A, recommended that the City Council adopt the ordinance and approve the Development Code Amendment.

Section 5. Public Hearing. Prior to taking action on the Project, and at a properly noticed public hearing, the City Council of the City of Livermore reviewed written and oral staff reports, conducted a public hearing on the Project and took testimony; and received into the record all pertinent documents related to the Project (collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this Ordinance by reference.

Section 6. Environmental Review. The City Council has adopted Resolution No. [_________] adopting the Isabel Crossing Addendum to the Isabel Neighborhood Specific Plan Final Supplemental Environmental Impact Report (State Clearinghouse No. 2016042039), and finding that no subsequent or supplemental Environmental Impact Report is required, under the provisions of the California Environmental Quality Act (“CEQA”) per CEQA Guidelines section 15164.

Section 7. Consistency. Development Code Amendment (DCA) 24-001 is consistent with the General Plan, the Isabel Neighborhood Specific Plan, and the Livermore Development Code.

Section 8. Findings and Approval. The City Council has considered the findings made in Planning Commission Resolution No. 18-24, attached hereto as Exhibit A, and hereby adopts the same findings by this reference and incorporates them herein, and based upon the City Council’s own independent review of the Record Evidence and considerations, it adopts this Ordinance approving the Development Code Amendment.

Section 9. Publication and Effective Date. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the city of Livermore within 15 days after its adoption and shall take effect and be in force 30 days from and after its adoption.

Section 10. Filing. The Planning Manager is directed to file a Notice of Determination for the Isabel Crossing Addendum with the Alameda County Clerk.

Section 11. Documents. The documents that constitute the record of proceedings upon which this decision is based on can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, Livermore, California.
32 ORDINANCE NO. ___
Section 12. Severability. If any part of this ordinance is declared unconstitutional or invalid by a court, such unconstitutionality or invalidity shall not affect any remaining parts.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on July 22, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

The ordinance was adopted at the regular meeting of the City Council held on September 9, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

10.06.050(A)(1)(c)
c. Isabel Neighborhood Specific Plan Area. In the Isabel Neighborhood Specific Plan area, provide affordable housing in accordance with section 10.06.050(D)(4)(c) below.

10.06.050(D)(4)(c)
c. Isabel Neighborhood Specific Plan Area.
(1) For-Sale Units. The developer shall reserve 15 percent or more of the for-sale units as affordable units to be sold to low-and moderate-income households at a price that does not exceed the maximum affordable purchase price for a unit for those households. The
maximum purchase price for low- and moderate-income
households shall be as adopted annually by City Council resolution. (a) At least seven-and-one-half (7.5) percent of the reserved units shall be set aside for low-income households, and at least seven-andone-half (7.5) percent for moderate- income households. (b) Whenever the inclusionary requirement results in a fraction of units, the units shall be combined and provided as low-income units. (c) The for-sale units shall be encumbered in a manner acceptable to the City, so that if a buyer resells the reserved unit within the restricted time period for a price in excess of the inflation-adjusted purchase price, then the excess profit will be returned to the City for use in affordable housing programs.
(2) Rental Units. The developer shall reserve 20 percent or more of the rental units as affordable units to be rented to very-low-income, lowincome, median-income, and moderate-income households at a cost that does not exceed maximum monthly rental rates for those households. The maximum monthly rental rates for very-low-income, low-income, median-income, and moderate-income households, shall be adopted annually by City Council resolution.
(a) At least six percent of the reserved units shall be set aside for verylow-income households, at least seven percent shall be set aside for low-income households, and at least four percent shall be set aside for median-income households, with the balance and three percent set aside for moderate-income households.
(b) Whenever the inclusionary requirement results in a fraction of units, the units shall be combined and provided as very-low-income units as described in subsection A of this section.
(c) The rental units shall be marketed and made available through an application process directed by the City and the development shall be managed by an experienced management company acceptable to the City. 39

EXHIBIT B

10.06.050(E)
E. Implementation – Alternative Means of Compliance.

1. Satisfy Housing Requirement. The following alternatives must be economically equivalent to the affordable housing requirement and may satisfy part or all of the affordable housing requirement.

2. City Council Approval Required. Alternatives to constructing affordable units on site specified in subsections E. 4. a through E.4.e of this section require prior City Council approval.

4. Report Required. The request shall be accompanied by a report proposing the particular alternative requested, how the alternative will be economically equivalent to the requirement and further affordable housing opportunities in the City, and demonstrating why it is not feasible for the applicant to strictly conform to the requirements of Section 10.06.050 (A) (through independent data, including financial information).
a. Accessory Dwelling Units.
(1) In a project of more than 50 dwelling units, up to 20 percent of the requirement for reserved units may be satisfied by including accessory dwelling units accessory to the market-priced units. (2) Each accessory dwelling unit provides a credit of 20 percent of a required affordable unit, without regard to unit size or other minimum standards specified in subsection D.7 of this section (Comparability of Units).
(3) The accessory dwelling unit shall comply with the standards specified in Section 6.03.120 (Accessory Dwelling Units). b. Off-Site Construction.
(1) A developer may satisfy the affordable housing requirement by constructing, or making provisions to construct, reserved housing units on a site other than the primary project site. (2) The off-site units are subject to the standards specified in subsections D.1 through D.8 of this section.
(3) A developer may not satisfy the affordable housing requirement by applying credits from reserved units on previously
constructed projects.
(4) Other existing units in projects already completed may not be substituted to satisfy the affordable housing requirement. 40 EXHIBIT B
c. In-Lieu Fee.
(1) A developer may satisfy the affordable housing requirement by paying an in-lieu fee for each market-priced unit.
(2) The method of calculating the in-lieu fee is specified in LMC

3.26.050.
(3) Whenever the number of affordable units required to be constructed includes a fraction of a unit, the payment of a proportional in-lieu fee shall satisfy that partial unit requirement.
(4) For residential subdivisions or rental projects with 10 or fewer units, a developer may satisfy the affordable housing
requirement by paying an in-lieu fee for each market-priced unit. This does not require City Council approval.
(5) The applicable fee rate shall be determined at the time of building permit application unless otherwise agreed to in the project’s low-income housing agreement.
d. Dedication of Land.
(1) A developer may satisfy the affordable housing requirement by dedicating to the City a parcel of land suitable for development of housing units equal to or exceeding the number of affordable units required to be provided in compliance with this section. (2) The General Plan designation and zoning designation on the land proposed for dedication shall be consistent with the intended use of the property for affordable housing at the appropriate density, and there shall be direct access to improved streets and utilities.
e. Isabel Neighborhood Specific Plan – Alternative Affordable Plan (1) Within the Isabel Neighborhood Specific Plan, a developer may satisfy the affordable housing requirement through an
Alternative Affordable Plan.
(2) The Alternative Affordable Plan shall meet the following requirements:
i. May only be considered as part of a Development
Agreement between a developer and the City of
Livermore; and
ii. May only be considered within the Specific Plan Core Area (Subareas 3a, 3b, and 3c).
41 ORDINANCE NO. ___

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT (DA) 22-001 WITH

ISABEL PORTOLA OWNER LLC, FOR THE ISABEL CROSSING PROJECT, THAT WOULD VEST DEVELOPMENT RIGHTS FOR 20 YEARS, PROVIDE FINANCIAL

CERTAINTY FOR THE APPLICANT, AND SECURE A RANGE OF COMMUNITY

BENEFITS FOR THE CITY OF LIVERMORE
California Government Code Section 65864 (implemented by Livermore Development Code Chapter 9.04) allows local jurisdictions and private parties to enter into Development Agreements in order to vest certain development rights and to meet local public purpose.

On May 9, 2022, the City Council authorized staff to begin Development Agreement (“Agreement”) negotiations with Isabel Portola Owner, LLC (Harridge Development Group) (“Applicant”).

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

Section 1. Authority. Pursuant to Government Code Section 65864 et seq., the City Council considers that certain document under City Application No. Development Agreement 22-001 and entitled “Development Agreement (DA) 22-001 for the Isabel 42 ORDINANCE NO. ___
Crossing Project” (“Development Agreement”). The Development Agreement is attached hereto as Exhibit B.

Section 2. Recommendation. The Planning Commission held a duly noticed public hearing on July 2, 2024, to consider adoption of an ordinance approving the Development Agreement and by its Resolution No. 19-24, attached hereto as Exhibit A, recommended that the City Council adopt the ordinance and approve the Development Agreement.

Section 3. Public Hearing. Prior to taking action on the Project, and at a properly noticed public hearing, the City Council of the City of Livermore reviewed written and oral staff reports, conducted a public hearing on the Project and took testimony; and received into the record all pertinent documents related to the Project (collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this Ordinance by reference.

Section 4. Environmental Review. The City Council has adopted Resolution No. [_________] adopting the Isabel Crossing Addendum to the Isabel Neighborhood Specific Plan Final Supplemental Environmental Impact Report (State Clearinghouse No. 2016042039), and finding that no subsequent or supplemental Environmental Impact Report is required, under the provisions of the California Environmental Quality Act (“CEQA”) per CEQA Guidelines section 15164.

Section 5. Consistency. Development Agreement 22-001 is consistent with the General Plan and the Livermore Development Code Chapter 9.04.

Section 6. Findings and Approval. The City Council has considered the findings made in Planning Commission Resolution No. 19-24, attached hereto as Exhibit A, and hereby adopts the same findings by this reference and incorporates them herein, and based upon the City Council’s own independent review of the Record Evidence and considerations, it adopts this Ordinance approving the Development Agreement.

Section 7. Signing Authority. The City Manager is hereby authorized to sign the Development Agreement, attached hereto as Exhibit B, on behalf of the City of Livermore.

Section 8. Publication and Effective Date. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Livermore within 15 days after its adoption and shall take effect and be in force 30 days from and after its adoption.

Section 9. Filing. The Planning Manager is directed to file a Notice of Determination for the Isabel Crossing Addendum with the Alameda County Clerk.

Section 10. Recording. The City Clerk is directed to record the Development Agreement within 10 days after the effective date of the Development Agreement. 43 ORDINANCE NO. ___
Section 11. Documents. The documents that constitute the record of proceedings upon which this decision is based on can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, Livermore, California.

Section 12. Severability. If any part of this ordinance is declared unconstitutional or invalid by a court, such unconstitutionality or invalidity shall not affect any remaining parts.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on July 22, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________________
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
Acting City Clerk Deputy City Attorney
Exhibit A – Planning Commission Resolution 19-24
Exhibit B – Development Agreement
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EXHIBIT I A LEGIBLE COPY OF THIS DOCUMENT CAN BE FOUND ON FILE WITH THE COMMUNITY DEVELOPMENT DEPARTMENT, PLANNING DIVISION - 1052 S. LIVERMORE AVE., LIVERMORE, CA 94550

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Figure 2-3: SUBAREA DIAGRAM
5 ac.
1/2 Mile Radius
1/4 Mile Radius 0 1000 2000 500
FEET
Residential
Transition: 15-25 du/ac
Village: 25-40 du/ac
Center: 40-60 du/ac
Core: 60-100 du/ac
Non-Residential
Neighborhood Commercial
General Commercial
Office Core
Office
Business Park
Airway Business Park
Educational/Institutional
Open Space
Ground Floor Retail/
Overlay Flex Space
K-12 School Overlay
Parking Overlay
New Neighborhood Park/Plaza
Circulation
Valley Link
Existing Street
Proposed Street
Pedestrian Streetscape
Valley Link Pedestrian Bridge
Urban Growth Boundary
Planning Area
S
Subareas

REI LL OC DR NOYNAC

PORTOLA AVE

ISABEL AVE

NORTH CANYONS PKWY

CONSTITUTION DR

INDEPENDENCE DR

AIRWAY BLVD

KITTY HAWK RD

LINDBERGH DR

NISSEN DR

ARMSTRONG ST AIRWAY BLVD
E. AIRWAY BLVD

ASI EB L AVE

PORTOLA AVE
E. AIRWAY BLVD

RUTAN DR

DOOLAN RD
INTERSTATE 580
580
Las Positas
College
Valley Link to Isabel Station
A rr o y o L a s Po s i t a s
Livermore Municipal Airport
A r r o y o L a s P o s i t a s
C o l l i e r C a n y o n C r e e k
A r ro y o L a s P o s i t a s
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I nnovation
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ST STEALTH

ST SUTTER

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2d
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3d
2b
3c
3b
3a
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4 1b
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1 A LEGIBLE COPY OF THIS DOCUMENT CAN BE FOUND ON FILE WITH THE COMMUNITY DEVELOPMENT DEPARTMENT, PLANNING DIVISION -1052 S. LIVERMORE AVE., LIVERMORE, CA 94550

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City of Livermore General Plan Map
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1-5 Acre Site#1 = 1.0-1.5 du/acre#2 = 1.5-2.0 du/acre2.0-3.0 du/acre3.0-4.5 du/acre4.5-6.0 du/acre Residential
Rural Residential (RR)Urban Low Residential (UL)Urban Low Medium Residential (ULM)Urban Medium Residential (UM)Urban Medium High Residential (UMH)Urban High Residential (UH); UH-6

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Miles
Mixed Use
Isabel Neighborhood Specific Plan (INSP)Neighborhood Mixed Low Density (NML)Neighborhood Mixed Medium Density (NMM)Neighborhood Mixed High Density (NMH) Industrial
BCPLIIHigh Intensity Industrial (HII)
Community Facility
Elementary School (CF-E)Fire Station (CF-FS)Intermediate School (CF-I)High School (CF-H)Community College (CF-JC)School General (CF-S)Research and Development (CF-R&D)Hospital (CF-HOSP)Civic Center (CF-CC)Cemetery (CF-CE)Government Services (CF)Airport (CF-AIR)Bart Station Parking (BART) Open Space
Parks, Trailways, Recreation Areas(OSP)Limited AgricultureAgriculture/Viticulture (AGVT)Hillside Conservation (HLCN)Large Parcel AgricultureResource Management (RMG)Sand and Gravel (S&G)Water Management Lands (WML) South Livermore Valley Specific Plan
Residential Development Area (SVAgricultural Preserve (SV-AP)Regional Open Space (SV-ROS)Vineyard Commercial (SV-VC) Other
Downtown Area Specific Plan
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Updated: February 28, 2022

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A LEGIBLE COPY OF THIS DOCUMENT CAN BE FOUND ON FILE WITH THE COMMUNITY DEVELOPMENT DEPARTMENT, PLANNING DIVISION - 1052 SOUTH LIVERMORE AVE., LIVERMORE, CA 94550

EXHIBIT L

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142
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PUD 34-92
PUD 79-88
02-001
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PD-SLVSP
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PD-SLVSP
PUD-58-93
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PUD
22 PUD 26-94
PUD 166
PUD 66-94
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PUD 25
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City of Livermore Zoning Map
Mixed Use
Transect Zone - T4 Neighborhood Open (T4N-O)Transect Zone - T4 Neighborhood (T4N)Transect Zone - T3 Neighborhood (T3N)Isabel Neighborhood Specific Plan (INSP)Neighborhood Mixed Use (NMU) Industrial
Heavy Industrial (I-3)Light Industrial (I-2)Research and Development (I-1)

PD-SLVSPPD-ECSP-OSPD-ECSP-HRCPD-ECSP-RCPDRPDOSPDIPDCPD/AGPUD/PUDAPD Planned Development
Planned Development South Livermore Valley Specific PlanPlanned Development El Charro Specific Plan Open SpacePlanned Development El Charro Specific Plan Highway Regional CommercialPlanned Development El Charro Specific Plan Regional CommercialPlanned Development ResidentialPlanned Development Open SpacePlanned Development IndustrialPlanned Development CommercialPlanned Development AgriculturalPlanned Unit Development/Amendment PermitPlanned Development Airport
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CA 94550 LIVERMORE AVE., LIVERMORE, PLANNING DIVISION - 1052 S. DEVELOPMENT DEPARTMENT, FILE WITH THE COMMUNI TY DOCUMENT CANBE FOUND ON A LEGIBLE COPY OF THIS

EXHIBIT B
143
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EXHIBIT B
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EXHIBIT R
Exhibit R, Page 1 of 1 A LEGIBLE COPY OF THIS DOCUMENT CANBE FOUND ON FILE WITH THE COMMUNI TY DEVELOPMENT DEPARTMENT, PLANNING DIVISION - 1052 S. LIVERMORE AVE., LIVERMORE, CA 94550

EXHIBIT B
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A LEGIBLE COPY OF THIS DOCUMENT CANBE

FOUND ON FILE WITH THE COMMUNI TY

DEVELOPMENT DEPARTMENT, PLANNING
DIVISION - 1052 S. LIVERMORE AVE.,
LIVERMORE, CA 94550

EXHIBIT S

EXHIBIT B
196
CITY COUNCIL STAFF REPORT ITEM NO. 5.3
DATE: September 9, 2024
TO: Honorable Mayor and City Council
FROM: Marianna Marysheva, City Manager
SUBJECT: Introduce an ordinance and waive the first reading revising Municipal Code Chapter 1.28 related to the Conflict of Interest Code - Biennial Notice to revise reporting categories and add or remove positions as appropriate.

RECOMMENDED ACTION
Staff recommends the City Council accept the 2024 Local Agency Biennial Notice, introduce an ordinance, and waive the first reading revising Municipal Code Chapter 1.28, Conflict of Interest Code, to revise reporting categories and add or remove positions to align with updates to the City’s salary schedule.

SUMMARY
The City of Livermore is required to adopt a Conflict-of-Interest Code and review it biennially. Staff recommends the City Council accept the 2024 Local Agency Biennial Notice and introduce an ordinance revising Municipal Code Chapter 1.28, Conflict of Interest Code, to revise reporting categories and the addition and deletion of positions from the City’s salary schedule.

DISCUSSION
The Political Reform Act requires local agencies to adopt a Conflict-of-Interest Code designating which public officials, governmental employees, and consultants are required to file a Statement of Economic Interests (Form 700). Positions that must be included in the Code are those that make, or participate in making, governmental decisions that may foreseeably have a material effect on any financial interest.

The Code also assigns disclosure categories that describe the types of financial interests that must be disclosed based on the filer’s level of decision-making.

The City is required to review the Conflict-of-Interest Code biennially. The Conflict-of-Interest Code must be revised to reflect additions, deletions, or changes to positions listed in the code. Disclosure categories are also reviewed to ensure they do not require public officials to disclose private financial information that does not relate to their public employment. To streamline reporting requirements, staff has reduced the number of reporting categories from four to two for staff and consultants. Advisory bodies now have a 197
separate reporting category. The city last reviewed and amended its Conflict-of-Interest Code on July 25, 2022.

Staff has reviewed the Conflict-of-Interest Code and identified the following revisions to reflect the addition of positions from the City’s salary schedule:

Positions to be added:

Supervising Purchasing Specialist - Finance Division; Disclosure Category 2 GIS Program Manager - Information Technology Division; Disclosure Category 2 Information Technology Coordinator - Information Technology Division; Disclosure Category 2 Positions to be removed:

Cyber Security Manager
The next biennial review of the Conflict-of-Interest Code is scheduled for fall of 2026.

FISCAL AND ADMINISTRATIVE IMPACTS
None.

COMMUNITY PILLAR
5: A Community That Works
GOAL
11: Modernize key business systems and processes to increase efficiency and improve transparency.

ATTACHMENTS

1. 2024 Local Agency Biennial Notice

2. Redlined 2024 Conflict of Interest Code

3. Ordinance

4. Exhibit A - Appendix A
Prepared by: Debbie Elam
Acting City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
198
www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

Page 1 of 1 ends

2024 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
 An amendment is required. The following amendments are necessary:
(Check all that apply.)
 Include new positions
 Revise disclosure categories
 Revise the titles of existing positions
 Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
 Other (describe)
 The code is currently under review by the code reviewing body.  No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to:

Attn: City Clerk - 1052 S. Livermore Avenue, Livermore, CA 94550 PLEASE DO NOT RETURN THIS FORM TO THE FPPC.

ATTACHMENT 1
199
1 Chapter 1.28

CONFLICT OF INTEREST CODE
Sections:

1.28.010 Purpose.

1.28.015 Amendment and review.

1.28.020 Definitions incorporated.

1.28.030 Place of filing.

1.28.040 Filing officer.

1.28.050 Late filings and failure to file statements.

1.28.060 Designated positions.

1.28.070 Disclosure categories.

1.28.010 Purpose.

A. The Political Reform Act of 1974 (Cal. Gov. Code Section 81000 et seq.) (the “Act”) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Section 18730) which contains the terms of a standard conflict of interest code. This regulation, including any future amendments made by the Fair Political Practices Commission, may be incorporated by reference into a local agency’s conflict of interest code. Therefore, the terms of California Code of Regulations, Title 2, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This chapter, along with the attachments hereto, shall constitute the conflict of interest code of the City of Livermore.

B. Nothing in this chapter is intended to modify or abridge the provisions of the Act commencing with Government Code Section 87100, which is applicable to all public officials of the City of Livermore (the “City”) and directs that no public official of the City shall make, participate in the making, or in any way attempt to use their official position to influence a City decision in which the official knows, or has reason to know, that he or she has a financial interest as defined by the Act.

C. This chapter intends to designate those public officials of the City who are involved in City decisions, and to require such designated officials to disclose those financial interests (using Form 700) which could foreseeably be affected, in a material manner, by a City decision made by the official in the performance of the official’s responsibilities.

ATTACHMENT 2
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2 1.28.015 Amendment and review.

The city clerk will review the City’s conflict of interest code on an annual basis and if changes are required will submit a revised code for Council approval or if no changes are necessary so notify the City Council by the applicable deadline specified in the Act.

1.28.020 Definitions incorporated.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Section 18110 et seq.), and any amendments to the Act or regulations are incorporated by reference into this conflict of interest code.

1.28.030 Place of filing.

All officials and designated employees required to submit a statement of economic interests shall file their statements with the City’s filing officer.

1.28.040 Filing officer.

The filing officer shall make and retain a copy of all statements filed by all officials subject to the Act, and forward the originals of such statements to the Fair Political Practices Commission. The filing officer shall retain the originals of the statements filed by all other designated employees. The filing officer will make all retained statements available for public inspection and reproduction during regular business hours. (Cal. Gov. Code Section 81008.)

1.28.050 Late filings and failure to file statements.

Any violation of this code is subject to the administrative, criminal, and civil sanctions provided in the Act.

The filing officer shall impose penalties for statements of economic interests that are filed late. The fine is $10.00 per day beginning the day after the filing deadline, up to a maximum of $100.00. Late filing penalties can be reduced or waived under certain circumstances as provided in Section 91013 of the Act.

1.28.060 Designated positions.

The persons listed in Appendix A of this chapter are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests.

ATTACHMENT 2
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3 1.28.070 Disclosure categories.

A. This code does not establish any disclosure obligations for those designated employees who are also specified in Government Code Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of the City is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Act, Government Code Section 87200 et seq. Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth herein specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned herein. It has been determined that the economic interests set forth in a designated employee’s disclosure categories are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office.

B. The mayor, members of the City Council and Planning Commission, the City Manager, the City Attorney, and all other City officials who manage public investments, as that term is defined by 2 California Code of Regulations Section 18701(b), are not subject to the City’s code but are subject to the disclosure requirements of the Act. (Cal. Gov. Code Section 87200 et seq.). [2 Cal. Code of Regs.

Section 18730(b)(3).]
C. Employees/Consultants. Consultants that are registered professional engineers or licensed land surveyors who render professional engineering or surveying services independently of City control or direction and who do not exercise City decision making authority may not be required to comply with disclosure obligations in accordance with California Government Code Section 87100.1.

1. Disclosure Category 1. All designated employees and consultants in this category shall disclose all sources of income including gifts, loans and travel payments; investments; interests in real property and any business entities in which the designated employee holds a business position. “Business position” means any business entity in which the filer is a director, officer, partner, trustee, employee or holds any management position.

2. Disclosure Category 2.

A. All designated employees and consultants in this category shall disclose all sources of income, including gifts, loans and travel payments; investments; interests in real property and any business ATTACHMENT 2
202
4 entities in which the designated employee holds a management position if the business entity investments, business positions in business entities, and sources of income (including gifts, loans, and travel payments) if the business entity or source is in or doing business in the jurisdiction of the City and:
i. eEngages in land development, construction, the provision of architectural, engineering or other services in connection with construction; the manufacture or sale of electrical, plumbing or other products used in construction; the acquisition or sale of real property or financing of land acquisition, development or construction.; or ii. Provides services, supplies, materials, machinery, or equipment of any type utilized by the employee’s division; or
iii. Is of the type which contracts with the designated employee’s department.

B. All designated employees and consultants in this category shall disclose interests in real property located within the jurisdiction of the City.

3. Disclosure Category 3. All designated employees and consultants in this category shall disclose all sources of income, including gifts, loans and travel payments; investments; and business entities in which the employee holds a management position if the business entity is of the type which contracts with the City of Livermore to provide services, supplies, materials, machinery or equipment.

All designated board, committee, or commission members in this category must report all interests in real property investments, business positions in business entities, income (including gifts, loans, and travel payments) from any source in or doing business in the jurisdiction of the City which are subject to the regulation or supervision of the Board/Committee/Commission.

4. Disclosure Category 4. All designated employees and consultants in this category shall disclose all sources of income, including gifts, loans and travel payments; investments and business entities in which the designated employee holds a management position if the business entity is of the type which contracts with the designated employee’s department.

54. Section 87200 Filers. Local officials specified in Government Code Section 87200 include the mayor, City Council members, City Manager, City Attorney, and planning commissioners.

ATTACHMENT 2
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5 D. Advisory Bodies.

1. Airport Commission. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee or employee or hold any position of management if the source of the income or business entity:
a. Is of the type that contracts with the City of Livermore to provide services, supplies, materials, machinery or equipment to the Livermore Airport; and/or b. Is an airline or manufactures, distributes, sells or markets aircraft or products used in aviation.

Members of this commission shall disclose interests in real property located within two miles of the Livermore Airport.

2. Beautification Committee. Members of the Beautification Committee shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee or employee or hold any position of management, if the source of income or entity:
a. Is of the type that contracts with the City of Livermore to provide services, supplies, plants, trees, materials, equipment, or other outdoor fixtures or amenities or services, for landscape maintenance, construction or reconstruction; and/or
b. Engages in land development, construction, landscape design or architecture in connection with the construction, reconstruction or maintenance of property.

Members of the Beautification Committee shall also disclose interests in real property inside the City.

3. Climate Action Plan Advisory Commission. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee or employee or hold any position of management, if the source of income or entity:

ATTACHMENT 2
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6 a. Is of the type that contracts to provide data, services, supplies, technology, materials, equipment, or other services, related to energy efficiency, recycling, sustainability, or climate change services.

4. Commission for the Arts. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee, or employee or hold any position of management if the source of the income or business entity:
a. Engages in land development; residential construction; the provision of architectural, engineering, or other services in connection with residential construction; the acquisition or sale of residential real property; or financing of land acquisition, development or residential construction.

Members of the Commission for the Arts shall disclose interests in real property located within, or not more than two miles outside, the boundaries of Livermore.

5. Community Asset Management Program. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments, and business entities in which they have an investment or in which they are a director, officer, partner, trustee or employee or hold any position of management, if the source of income or entity:
a. Is of the type that contracts with the City of Livermore to provide services, supplies, materials, equipment, or other services, related to City infrastructure, construction or reconstruction.
b. Engages in the development, construction, design or architecture in connection with the construction, reconstruction or maintenance of City assets. c. Is of the type that contracts with the City of Livermore to provide any other goods or services for the operation and maintenance of City assets.

6. Historic Preservation Commission. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee, or employee or hold any position of management if the source of the income or business entity:

ATTACHMENT 2
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7 a. Engages in land development or provides contracting, landscape architecture, financial, or other services in connection with construction or reconstruction of property.

Members of the Historic Preservation Commission shall disclose interests in real property located within or not more than two miles outside the boundaries of Livermore.

7. Housing Authority. Members of the Livermore Housing Authority shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee, or employee or hold any position of management, if the source of income or entity:
a. Is of the type that contracts with the City of Livermore to provide, or otherwise provides, housing services, subsidized housing, transitional housing, or affordable housing services; b. Has applied for, plans to apply for, is receiving or within the previous two years has received funds under the Section 8 Voucher Program; and/or c. Is of the type that contracts with the City of Livermore or the Livermore Housing Authority to provide any other goods or services for the operation and maintenance of the Authority and its functions.

Members of the Livermore Housing Authority shall also disclose interests in real property inside the City.

8. Human Services Commission. Members of this commission shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee, or employee or hold any position of management if the source of the income or business entity:
a. Has applied for, plans to apply for, is receiving or within the previous two years has received funds through the City of Livermore to provide services for meeting human needs; and/or
b. Provides underwriting, legal, or financial services in connection with the issuance of mortgage revenue or other housing bonds.

ATTACHMENT 2
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8 Members of the Human Services Commission shall disclose interests in real property located within, or not more than two miles outside, the boundaries of Livermore.

9. Library Board of Trustees. Members of this board shall disclose sources of income, including gifts, loans, and travel payments; and business entities in which they have an investment or in which they are a director, officer, partner, trustee, or employee or hold any position of management if the source of the income or business entity:
a. Manufactures, repairs, distributes, sells, leases, or otherwise markets library materials and equipment including but not limited to books, periodicals, art slides or prints, records, or cataloguing equipment or systems; and/or
b. Is of the type that contracts with the City of Livermore to provide any other goods or services to the library.

Members of the Library Board of Trustees shall disclose interests in real property within one-half mile of any public library in Livermore.

Appendix A
City of Livermore Conflict of Interest Code List of Designated Positions

POSITION DISCLOSURE CATEGORY

ADMINISTRATIVE SERVICES DEPARTMENT
Administrative Services Director/Treasurer
(Resolution 2009-205)
1 Assistant Administrative Services Director
(Confidential)
1 City Clerk Division
City Clerk 1
Assistant City Clerk 1
Deputy City Clerk 1
Cyber Security Division
Cyber Security Manager 3
Finance Division
Supervising Purchasing Specialist 2
ATTACHMENT 2
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9 POSITION DISCLOSURE CATEGORY
Purchasing Specialist 3 2
Financial Services Manager 3 2
Accounting Supervisor 3 2
Human Resources Division
Human Resources Manager (Confidential)
Human Resources Analyst Senior
(Confidential)
1 1
Human Resources Analyst I I (Confidential) 1
Human Resources Analyst I (Confidential) 1
Information Technology Division
Information Technology Manager 3 2
GIS Program Manager 2
Information Technology Operations
Manager
2 Systems Administrator 3 2
Geographic Information Services Specialist 3 2
Information Technology Coordinator 2
Senior Information Technology Technician 3 2
CITY ATTORNEY’S OFFICE
Senior Assistant City Attorney (Confidential) 1
Assistant City Attorney (Confidential) 1
Deputy City Attorney (Confidential) 1
Risk Manager (Confidential) 1
Management Analyst (Confidential) 1
CITY MANAGER’S OFFICE
Assistant City Manager 1
Assistant to the City Manager (Confidential) 1
Deputy City Manager (Confidential) 1
City Clerk Division
City Clerk 1
Assistant City Clerk 1
Deputy City Clerk 1

COMMUNITY DEVELOPMENT DEPARTMENT
Administration Division
ATTACHMENT 2
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10 POSITION DISCLOSURE CATEGORY
Community Development Director 1
Assistant Community Development Director 1
Housing and Human Services Division
Housing and Human Services Manager 4 2
Housing Programs Manager 4 2
Human Services Program Manager 4 2
Building Division
Building Official 1
Senior Building Inspector 2
Building Inspector (I, II, III) 2
Plan Check Engineer 2
Permit Center Manager 2
Inspection and Neighborhood Preservation
Manager
2 Neighborhood Preservation Officer 2
Engineering Division
City Engineer 1
Assistant City Engineer 2
Assistant Engineer 2
Junior Engineer 2
Engineering Specialist 2
Civil Engineer (Junior, Assistant, Associate,
& Senior)
2 Engineering Technician (Senior, Associate,
& Assistant)
2 Construction Inspection Manager 2
Transportation Engineer (Senior &
Associate)
2 Planning Division
Planning Manager 1
Planner (Assistant, Associate, Senior, &
Principal)
2 INNOVATION AND ECONOMIC

DEVELOPMENT DEPARTMENT
Innovation and Economic Development
Director
1 ATTACHMENT 2
209
11 POSITION DISCLOSURE CATEGORY
Economic Development Manager 2
Economic Development Specialist 4 2

LIBRARY SERVICES DEPARTMENT
Director of Library Services 4 1
Assistant Library Director 4 2
Supervising Librarian 4 2

POLICE DEPARTMENT
Police Chief 3 1
Police Captain 4 2
Police Lieutenant 4 2
Information Technology Coordinator 4 2
Police Facility and Equipment Manager 4 2
Police Business Services Manager 4 2
Police Support Services 4 2
Police Media & Community Relations
Analyst
4 2
Horizons
Youth and Family Services Manager –
Clinical
4 2
Youth and Family Services Manager -
Programs
4 2

PUBLIC WORKS DEPARTMENT
Administration Division
Public Works Director 1
Assistant Public Works Director 1
Public Works Manager 2, 4
Public Works Supervisor 4 2
Airport Division
Airport Manager 2, 4
Maintenance Division
Maintenance and Golf Operations Manager 2, 4
Water and Water Resources Division
Water Distribution Operations Manager 4 2
Water Resources Communications
Representative
4 2
ATTACHMENT 2
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12 POSITION DISCLOSURE CATEGORY
Water Resources Coordinator 4 2
Water Resources Division Manager 2, 4
Water Resources Operations Manager 4 2
Water Resources Source Control Inspector 4 2

GENERAL CATEGORIES
These categories cross departmental lines and are designated depending upon the type of duties to which they are assigned.

Special Projects Corrdinator Depending On Assignment
Management Analyst 2 Depending On Assignment
Management Analyst II 4 Depending On Assignment
Senior Management Analyst 3 Depending On Assignment
Management Analyst Confidential 1 Depending On Assignment Senior Management Analyst Confidential 1 Depending On Assignment Advisory Bodies
Airport Commission 3
Beautification Committee 2, 3
Climate Action Plan Advisory Committee 3
Commission for the Arts 2
Community Asset Management Program 2
General Plan Advisory Committee 3
Historic Preservation Commission 2, 3
Housing Authority 2
Human Services Commission 2
Library Board of Trustees 3
Consultant – a person who contracts with the City to provide work that falls into one of the following categories.

The disclosure category for consultant is dependent upon the type of work being performed.

1. Work of the type and/or nature that could or would be done by a designated employee identified in the City of Livermore conflict of interest code. The City Manager, or his or her designee, may find that a person need not fully comply with the disclosure requirements upon a written determination that the work and duties contracted are limited in scope and full compliance is unnecessary. The written determination shall identify what level of disclosure, if any, is required.

2. Work that involves making or participating in making decisions which may foreseeably have a material effect on a financial interest subject to the reporting requirements of the Political Reform Act.

ATTACHMENT 2
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ORDINANCE NO. _____

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE AMENDING TITLE 1, CHAPTER 1.28, CONFLICT OF INTEREST

CODE, OF THE LIVERMORE MUNICIPAL CODE TO UPDATE DISCLOSURE

CATEGORIES AND AMEND APPENDIX A

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

Section 1. Findings. The Political Reform Act requires that every local government agency amend its Conflict of Interest Code as positions are added, deleted, or changed. It has been determined that amendments are required for the City of Livermore’s Conflict of Interest Code and list of designated positions.

Section 2. Purpose. This ordinance makes several changes to the Livermore Municipal Code Chapter 1.28 Conflict of Interest Code to update the disclosure categories and the positions designated to the disclosure categories.

Section 3. Instruction for Publication. The amendments made by this ordinance are made as follows for transparency. Deletions are reflected in this ordinance using a strikethrough, and new language is underlined. However, language with a strikethrough, and the underlines, will not be codified. The codification will only reflect the final language.

Section 4. Amendment – Municipal Code. The Livermore Municipal Code is hereby amended as follows.

A. Section 1.28.070 Designated positions, subsection (C) is hereby amended and restated as set forth below:

C. Employees/Consultants. Consultants that are registered professional engineers or licensed land surveyors who render professional engineering or surveying services independently of City control or direction and who do not exercise City decision making authority may not be required to comply with disclosure obligations in accordance with California Government Code Section 87100.1.

2. Disclosure Category 2.
212
ORDINANCE NO. _____
A. All designated employees and consultants in this category shall disclose all sources of income, including gifts, loans and travel payments; investments; interests in real property and any business entities in which the designated employee holds a management position if the business entity investments, business positions in business entities, and sources of income (including gifts, loans, and travel payments) if the business entity or source is in or doing business in the jurisdiction of the City and:
i. eEngages in land development, construction, the provision of architectural, engineering or other services in connection with construction; the manufacture or sale of electrical, plumbing or other products used in construction; the acquisition or sale of real property or financing of land acquisition, development or construction.; or
ii. Provides services, supplies, materials, machinery, or equipment of any type utilized by the employee’s division; or
iii. Is of the type which contracts with the designated employee’s department.

B. All designated employees and consultants in this category shall disclose interests in real property located within the jurisdiction of the City.

54. Section 87200 Filers. Local officials specified in Government Code Section 87200 include the mayor, City Council members, City Manager, City Attorney, and planning commissioners.
213
ORDINANCE NO. _____
B. Section 1.28.070 Designated positions, subsection (D) Advisory Bodies is hereby deleted.

C. Appendix A City of Livermore Conflict of Interest Code List of Designated Positions of Chapter 1.28 of the Livermore Municipal Code is hereby amended, as set forth in Exhibit A, attached hereto.

Section 5. 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 6. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

Section 7. Publication and Effective Date. This ordinance shall be published once in a newspaper of general circulation of the City of Livermore within fifteen days after its adoption and shall take effect and be in force 30 days from and after its adoption.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on September 9, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

POSITION DISCLOSURE CATEGORY

ADMINISTRATIVE SERVICES DEPARTMENT
Administrative Services Director/Treasurer
(Resolution 2009-205)
1 Assistant Administrative Services Director
(Confidential)
1 Finance Division
Supervising Purchasing Specialist 2
Purchasing Specialist 2
Financial Services Manager 2
Accounting Supervisor 2
Human Resources Division
Human Resources Manager (Confidential)
Human Resources Analyst Senior
(Confidential)
1 1
Human Resources Analyst I I (Confidential) 1
Human Resources Analyst I (Confidential) 1
Information Technology Division
Information Technology Manager 2
GIS Program Manager 2
Information Technology Operations
Manager
2 Systems Administrator 2
Geographic Information Services Specialist 2
Information Technology Coordinator 2
Senior Information Technology Technician 2
CITY ATTORNEY’S OFFICE
Senior Assistant City Attorney (Confidential) 1
Assistant City Attorney (Confidential) 1
Deputy City Attorney (Confidential) 1
Risk Manager (Confidential) 1

EXHIBIT A
215

POSITION DISCLOSURE CATEGORY
Management Analyst (Confidential) 1
CITY MANAGER’S OFFICE
Assistant City Manager 1
Assistant to the City Manager (Confidential) 1
Deputy City Manager (Confidential) 1
City Clerk Division
City Clerk 1
Assistant City Clerk 1
Deputy City Clerk 1

COMMUNITY DEVELOPMENT DEPARTMENT
Administration Division
Community Development Director 1
Assistant Community Development Director 1
Housing and Human Services Division
Housing and Human Services Manager 2
Housing Programs Manager 2
Human Services Program Manager 2
Building Division
Building Official 1
Senior Building Inspector 2
Building Inspector (I, II, III) 2
Plan Check Engineer 2
Permit Center Manager 2
Inspection and Neighborhood Preservation
Manager
2 Neighborhood Preservation Officer 2
Engineering Division
City Engineer 1
Assistant City Engineer 2
Assistant Engineer 2
Junior Engineer 2
Engineering Specialist 2
Civil Engineer (Junior, Assistant, Associate,
& Senior)
2 EXHIBIT A
216

POSITION DISCLOSURE CATEGORY
Engineering Technician (Senior, Associate,
& Assistant)
2 Construction Inspection Manager 2
Transportation Engineer (Senior &
Associate)
2 Planning Division
Planning Manager 1
Planner (Assistant, Associate, Senior, &
Principal)
2 INNOVATION AND ECONOMIC

DEVELOPMENT DEPARTMENT
Innovation and Economic Development
Director
1 Economic Development Manager 2
Economic Development Specialist 2

LIBRARY SERVICES DEPARTMENT
Director of Library Services 1
Assistant Library Director 2
Supervising Librarian 2

POLICE DEPARTMENT
Police Chief 1
Police Captain 2
Police Lieutenant 2
Information Technology Coordinator 2
Police Facility and Equipment Manager 2
Police Business Services Manager 2
Police Support Services 2
Police Media & Community Relations
Analyst
2 Horizons
Youth and Family Services Manager –
Clinical
2 Youth and Family Services Manager -
Programs
2 PUBLIC WORKS DEPARTMENT
Administration Division

EXHIBIT A
217

POSITION DISCLOSURE CATEGORY
Public Works Director 1
Assistant Public Works Director 1
Public Works Manager 2
Public Works Supervisor 2
Airport Division
Airport Manager 2
Maintenance Division
Maintenance and Golf Operations Manager 2
Water and Water Resources Division
Water Distribution Operations Manager 2
Water Resources Communications
Representative
2 Water Resources Coordinator 2
Water Resources Division Manager 2
Water Resources Operations Manager 2
Water Resources Source Control Inspector 2

GENERAL CATEGORIES
These categories cross departmental lines and are designated depending upon the type of duties to which they are assigned.

Special Projects Corrdinator Depending On Assignment
Management Analyst Depending On Assignment
Management Analyst II Depending On Assignment
Senior Management Analyst Depending On Assignment
Management Analyst Confidential Depending On Assignment Senior Management Analyst Confidential Depending On Assignment Advisory Bodies
Airport Commission 3
Beautification Committee 3
Commission for the Arts 3
General Plan Advisory Committee 3
Historic Preservation Commission 3
Housing Authority 3
Human Services Commission 3
Library Board of Trustees 3

EXHIBIT A
218
Consultant – a person who contracts with the City to provide work that falls into one of the following categories.

The disclosure category for consultant is dependent upon the type of work being performed.

EXHIBIT A
219
CITY COUNCIL STAFF REPORT ITEM NO. 5.4
DATE: September 9, 2024
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing the City Manager to execute a fourth amendment to the agreement with Swaim Biological, Inc. for on-call environmental support services, for the City's Stream Maintenance Program and other projects, until December 31, 2025, increasing the not-to-exceed agreement amount from $1,200,000 to $1,450,000.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a fourth amendment to the agreement with Swaim Biological, Inc. for on-call environmental support services, for the City's Stream Maintenance Program and other projects until December 31, 2025, increasing the notto-exceed agreement amount from $1,200,000 to $1,450,000.

SUMMARY
The Engineering Division utilizes on-call environmental support services to help implement a number of capital improvement, operating budget, and development projects. On-call environmental support services also assist the City's Stream Maintenance Program. Swaim Biological, Inc. has been providing these services under the current on-call contract since May 2019. The fourth amendment to the Professional Services Agreement with Swaim Biological, Inc. will increase the amount of the agreement from $1,200,000 to a not-to-exceed amount of $1,450,000.

DISCUSSION
The City Council authorized a Professional Services Agreement with Swaim Biological, Inc. on May 14, 2019, in the amount of $500,000 for on-call environmental support services for various capital improvement, operating budget, and development projects. A first amendment to the original agreement was authorized by the City Council on June 26, 2020, to increase the total contract amount by $300,000 to a not-to-exceed amount of $800,000. The City Council approved a second amendment on June 29, 2021, that extended the term of the agreement to June 30, 2023. A third amendment to the original agreement was authorized by City Council on December 12, 2022, to increase the amount of the agreement from $800,000 to $1,200,000 and extend the term of the agreement to December 31, 2025.

This fourth amendment will increase the amount of the agreement from $1,200,000 to $1,450,000 to 220
allow Swaim Biological Inc. to continue to provide essential support for the City's Stream Maintenance Program and other projects until December 31, 2025.

Swaim Biological, Inc. has supported the City's Stream Maintenance Program since 2019 by analyzing and quantifying potential environmental impacts, helping the city submit environmental permits, and obtain approval from the regulating agencies. Swaim Biological, Inc. has been providing biological monitoring services during Stream Maintenance Program construction projects. Additional support services are needed for the Stream Maintenance Program in preparing the plan, permitting, completing the remaining bank repair work, and annual stream maintenance in 2024 and 2025 including monitoring and reporting for some of the City of Livermore (City)'s riparian mitigation areas. Swaim Biological, Inc. also provides environmental support for capital improvement projects. They provided biological monitoring services for the Dalton Reservoir Project and helped analyze environmental impacts and permit requirements for projects including the Airport Water Quality and Habitat Management Plan Basins, the Springtown Trunkline Replacement Project, and the Las Colinas Trail Project.

Swaim Biological, Inc. has also helped the City obtain over $3,000,000 in grant funding for the Arroyo Las Positas Desilting through Las Positas Golf Course Project and is supporting grant funding efforts for the City's Habitat Conservation Program. Swaim Biological, Inc. is local, cost effective, and has proven to be very knowledgeable and responsive. They are very familiar with environmental conditions in the TriValley, and they also have good relationships with all of the regulating agencies. This fourth amendment will allow Swaim Biological, Inc. to continue providing environmental support services for annual Stream Maintenance Program activities, riparian habitat monitoring and reporting, capital improvement projects, operating budget activities, development projects, and grant funding opportunities through December 31, 2025.

FISCAL AND ADMINISTRATIVE IMPACTS
Funding for services rendered under this agreement will be derived from the various capital improvement projects in the approved FY 2023-2028 Capital Improvement Plan and the operating budgets for the Engineering Division and Water Resources Division. Therefore, no additional appropriations are necessary.

COMMUNITY PILLAR
5: A City That Works
GOAL
14: Develop, operate, and maintain the City's infrastructure.

ATTACHMENTS

1. Resolution

2. Exhibit A - Fourth Amendment
Prepared by: Pam Lung
Special Projects Coordinator
221
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
222
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FOURTH AMENDMENT TO THE AGREEMENT WITH SWAIM BIOLOGICAL, INC.

INCREASING THE NOT-TO-EXCEED AMOUNT FROM $1,200,000 TO $1,450,000

TO CONTINUE TO PROVIDE ON-CALL ENVIRONMENTAL SUPPORT SERVICES On May 14, 2019, the City of Livermore (“City”) entered into a Professional Services Agreement in the amount of $500,000 with Swaim Biological Inc. to provide oncall environmental assessments and surveys, permitting and compliance support, construction support, habitat mitigation and restoration planning, and other services related to document review, graphics development, data collection, management, and presentation using global positioning systems (GPS) and geographic information systems (GIS) for various capital improvement and miscellaneous development projects.

On June 29, 2021, City and Consultant amended the Original Agreement, as the Second Amendment, to extend the term from July 1, 2021 to June 30, 2023.

On January 24, 2023, City and Consultant amended the Original Agreement, First and Second Amendment, as the Third Amendment, to increase the Consultant’s compensation by $400,000 to a not-to-exceed amount of $1,200,000 to continue to provide on-call environmental support related services for various projects in the Capital Improvement Plan and miscellaneous development related projects, and extend the term of the agreement from June 30, 2023 to December 31, 2025.

City and Consultant now desire to amend the Original Agreement and the First, Second and Third Amendments, to increase the Consultant’s compensation by $250,000 to a not-to-exceed amount of $1,450,000 to continue to provide on-call environmental support related services for the Stream Maintenance Program, various projects in the Capital Improvement Plan, Operating Budget, and miscellaneous development related projects. This is the Fourth Amendment to the Original Agreement.

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 Professional Services Agreement with Swaim Biological, Inc., attached hereto as Exhibit A, increasing the not-to-exceed amount from $1,200,000 to $1,450,000. 223
RESOLUTION NO. ________

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

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on September 9, 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 to Professional Services Agreement with Swaim Biological, Inc.
224
Amendment - Professional Services Agreement
Rev. 09/19/23

FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FOURTH AMENDMENT is made and entered into this ____ day of ________, 20 , by and between the City of Livermore (“City”), a municipal corporation, and Swaim Biological, Inc. (“Consultant”), a California corporation.

RECITALS
On May 14, 2019, City and Consultant entered into an agreement for Consultant to provide professional on-call environmental support services in the amount of $500,000 that covered environmental assessments and surveys, permitting and compliance support, construction support, habitat mitigation and restoration planning, and other services related to document review, graphics development, and data collection, management, and presentation using global positioning systems (GPS) and geographic information systems (GIS) services to City (“Original Agreement”). Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

On June 26, 2020, City and Consultant amended the Original Agreement, as the First Amendment, to increase the scope of services and Consultant’s compensation by $300,000 to a not-to-exceed compensation amount of $800,000 due to increased services required of Consultant for work added and associated with mitigation monitoring and close-out, conservation easement assistance, creek repair and implementation, and Stream Maintenance Program support. (“First Amendment”) On June 29, 2021, City and Consultant amended the Original Agreement, as the Second Amendment, to extend the term from July 1, 2021 to June 30, 2023. (“Second Amendment”)
On January 24, 2023, City and Consultant amended the Original Agreement, First Amendment and Second Amendment, as a Third Amendment, to increase the scope of services and Consultant’s compensation by $400,000 to a not-to-exceed amount of $1,200,000 due to increased services required of Consultant for work added and associated with mitigation monitoring and close-out, conservation easement assistance, creek repair and implementation and Stream Maintenance Program Support and extended the term from June 30, 2023 to December 31, 2025. (“Third Amendment”).

City and Consultant desire to amend the Original Agreement, First Amendment, Second Amendment and Third Amendment, as a Fourth Amendment, to increase the scope of services, corresponding insurance requirements identified in Exhibit B-1 and Consultant’s compensation by $250,000 to a not-to-exceed amount of $1,450,000 due to increased services required of Consultant for work added and associated with mitigation monitoring and close-out, conservation easement assistance, creek repair and implementation, and Stream Maintenance Program support through the end of the contract period ending December 31, 2025. This is the Fourth Amendment to the Original Docusign Envelope ID: DD3BD11A-F726-4891-B38A-72C9EA483709 EXHIBIT A Page 1 of 5
225
Amendment - Professional Services Agreement
Rev. 09/19/23
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 5 (a) of the Original Agreement is amended to read as follows:

The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $1,450,000 (“not-to-exceed amount”).

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

B. Section 12 of the Original Agreement is amended to read as follows:

Consultant shall procure and maintain Insurance during the term of this Agreement in the amounts and under the terms set forth in Exhibit “B-1” against claims that may arise from or in connection with this Agreement and performance of the Services. Upon reasonable written notice, Consultant shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.

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.

Docusign Envelope ID: DD3BD11A-F726-4891-B38A-72C9EA483709 EXHIBIT A Page 2 of 5
226
Amendment - Professional Services Agreement
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.

CONSULTANT: Dated:
____________________________ ___________________________ Karen Swaim
President
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna Marysheva
City Manager
APPROVED AS TO FORM:
___________________________
Deputy/Assistant/City Attorney
APPROVED AS TO INSURANCE:

Risk Manager/Analyst
Attachments: Exhibit B-1 - Insurance Requirements
Docusign Envelope ID: DD3BD11A-F726-4891-B38A-72C9EA483709 8/1/2024 | 10:35 AM PDT
EXHIBIT A Page 3 of 5
227
Revised 5/1/2018 B16 – 2M E&O

Page 1 ends

EXHIBIT B

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

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

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

3. Workers’ Compensation and Employer's Liability:

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

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

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

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

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

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

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

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

1. The City of Livermore, its officers, officials, employees, and designated B-1
Docusign Envelope ID: DD3BD11A-F726-4891-B38A-72C9EA483709 EXHIBIT A Page 4 of 5
228
Revised 5/1/2018 B16 – 2M E&O

Page 2 ends

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

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

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

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

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

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

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550 Verification of Coverage
Consultant/Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.

Docusign Envelope ID: DD3BD11A-F726-4891-B38A-72C9EA483709 EXHIBIT A Page 5 of 5
229
CITY COUNCIL STAFF REPORT ITEM NO. 5.5
DATE: September 9, 2024
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing execution of a second amendment to the agreement with HMH Engineers for on-call engineering services, increasing the not-to-exceed agreement amount from $1,200,000 to $1,800,000, and extending the term of the agreement to December 31, 2027 to continue to provide engineering services for various capital improvements program projects, including, but not limited to, the Street Resurfacing 2022 Project 2022-01, the Arroyo Rd Trail T-13 Segment B Project 2019-55, and the Vasco Widening Project 2018-37.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a second amendment to the agreement with HMH Engineers for on-call engineering services, increasing the notto-exceed agreement amount from $1,200,000 to $1,800,000, and extending the term of the agreement to December 31, 2027 to continue to provide engineering services for various capital improvements program projects, including, but not limited to, the Street Resurfacing 2022 Project 2022-01, the Arroyo Rd Trail T-13 Segment B Project 2019-55, and the Vasco Widening Project 2018-37.

SUMMARY
On February 10, 2021, the City of Livermore (City) and HMH Engineers (Consultant) entered into an Engineering Services Agreement in the amount of $600,000 to provide on-call engineering services (Original Agreement). On January 24, 2023, the City Manager executed a first amendment to the Original Agreement to increase the not-to-exceed amount to $1,200,000. This second amendment will increase the amount of the agreement from $1,200,000 to $1,800,000 and extend the term of the agreement from December 31, 2025, to December 31, 2027 to allow HMH Engineers to continue to provide engineering services for various capital improvements program projects, including, but not limited to, the Street Resurfacing 2022 Project 2022-01, the Arroyo Rd Trail T-13 Segment B Project 2019-55, and the Vasco Widening Project 2018-37.

DISCUSSION
On February 10, 2021, the City of Livermore (City) and HMH Engineers (Consultant) entered into an 230
Engineering Services Agreement in the amount of $600,000 to provide on call engineering services for various capital improvement and development projects (Original Agreement). On January 24, 2023, the City Manager executed a first amendment to the Original Agreement to increase the not-to-exceed amount to $1,200,000 and extend the term to December 31, 2025.

The Original Agreement and First Amendment allowed HMH Engineers to complete the design and construction of the Montage Trail Connection to Collier Canyon Road Project 2019-44, provide geotechnical assessment for the Portola Avenue Slope Failure Project S202300P, develop the design for Arroyo Rd Trail T-13 Segment B Project No. 2019-55, and provide geotechnical engineering for Murrietta Road settlement under the Street Resurfacing 2022 Project 2022-01.

City and Consultant now desire to amend the Original Agreement and First Amendment to continue to provide engineering services for various capital improvement program projects such as the design for the Murrietta Road settlement under the Street Resurfacing 2022 Project 2022-01, complete the landscape and bridge design for the Arroyo Rd Trail T-13 Segment B Project 2019-55, and complete the design for the Vasco Widening Project 2018-37. Additional scope of work was identified for the Arroyo Rd Trail T-13 Segment B Project 2019-55 due to coordination with project stakeholders, and for the Vasco Widening Project 2018-37 due to environmental regulatory agency consultation regarding the adjacent Garaventa Wetlands. The scope of the engineering services includes field reconnaissance, site survey, geotechnical engineering investigation, environmental clearance, permitting, design, and construction support.

FISCAL AND ADMINISTRATIVE IMPACTS
The Second Amendment increases compensation by $600,000 to a total not-to-exceed amount of $1,800,000. Funding for this amendment will be covered in the approved budgets for various projects in the FY 2023-2028 Capital Improvement Plan. No additional appropriations are required.

COMMUNITY PILLAR
5: A City That Works
GOAL
14: Develop, operate, and maintain the City’s infrastructure.

ATTACHMENTS

1. Resolution

2. Exhibit A - Second Amendment
Prepared by: Leon Taing
Senior Civil Engineer
231
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
232

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND

AMENDMENT TO THE AGREEMENT WITH HMH ENGINEERS, INCREASING THE NOT-TO-EXCEED AMOUNT FROM $1,200,000 TO $1,800,000, AND EXTENDING THE TERM OF THE AGREEMENT TO DECEMBER 31, 2027 FOR ON-CALL ENGINEERING

SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM PROJECTS On February 10, 2021, the City of Livermore and HMH Engineers entered into an Engineering Services Agreement in the amount of $600,000 to provide on-call engineering services (Original Agreement). On January 24, 2023, the City Manager executed a first amendment to the Original Agreement to increase the not-to-exceed amount to $1,200,000 (First Amendment).

City of Livermore staff and HMH Engineers now desire to amend the Original Agreement and First Amendment to increase the total not-to-exceed amount from $1,200,000 to $1,800,000 and extend the term from December 31, 2025, to December 31, 2027, so that HMH Engineers can continue providing engineering services for various capital improvement and development projects. The scope of the engineering services includes field reconnaissance, site survey, geotechnical engineering investigation, environmental clearance, permitting, design, and construction support.

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 Second Amendment to the Agreement with HMH Engineers for on-call engineering services, increasing the not-to-exceed amount from $1,200,000 to $1,800,000, and extending the term of the agreement to December 31, 2027. A copy of the Agreement is attached hereto as Exhibit A and is incorporated by this reference.

On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed and adopted on September 9, 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 – Second Amendment – HMH Engineers
RESOLUTION NO. 233
Amendment – Engineering Services Page 1
Rev. 01/05/2024

SECOND AMENDMENT TO

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

RECITALS
On February 10, 2021, City and Consultant entered into an agreement in the amount of $600,000 for Consultant to provide on-call civil engineering design and environmental review services for various City’s capital improvement and miscellaneous development projects for City (“Original Agreement”).

On January 24, 2023, the City Manager executed a first amendment to the Original Agreement to increase the not-to-exceed amount to $1,200,000, and extend the term of the Agreement to December 31, 2025 (“First Amendment”). Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

City and Consultant desire to amend the Original Agreement to continue to provide on-call engineering services as specified in the Original Agreement, increase the Consultant's compensation from $1,200,000 to $1,800,000, and extend the term of the Agreement from December 31, 2025 to December 31, 2027. This is the Second 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 and First Amendment are amended as follows:

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

Compensation and Payment. The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $1,800,000 (“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 $600,000 (“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 $600,000 (“not-to-exceed amount”).

Docusign Envelope ID: 4BA06C5D-9A49-41D4-8527-1ABDB0E10F5E

EXHIBIT A
234
Amendment – Engineering Services Page 2
Rev. 01/05/2024

3. The compensation payable by the City to Consultant for the services required by Exhibit “A-2” to the Second Amendment SHALL NOT EXCEED $600,000 (“not-to-exceed amount”).

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

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

Term: The term of this Agreement commences on February 10, 2021 and terminates upon the depletion of funds or December 31, 2027, whichever occurs first.

3. Except as amended above, the Original Agreement remains in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: 4BA06C5D-9A49-41D4-8527-1ABDB0E10F5E

EXHIBIT A
235
Amendment – Engineering Services Page 3
Rev. 01/05/2024
In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement effective on the date first written above.

CONSULTANT: Dated:
____________________________ ___________________________ By: Jon Cacciotti
Title: Vice President
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna Marysheva
City Manager
APPROVED AS TO FORM:
___________________________
Deputy/Assistant/City Attorney
APPROVED AS TO INSURANCE:

Risk Manager/Analyst
Attachments:
• Exhibit A-2: Rate Schedule
Docusign Envelope ID: 4BA06C5D-9A49-41D4-8527-1ABDB0E10F5E 8/6/2024 | 4:15 PM PDT

EXHIBIT A
236

CHARGE RATE SCHEDULE
1570 OAKLAND ROAD SAN JOSE, CA 95131 | 408-487-2200 | HMHCA.COM | HMHLASTUDIO.COM planning ● civil engineering ● public works ● landscape architecture ● land surveying Professional & Office
2024 2025 2026 2027
1/1/24 -
12/31/24
1/1/25 -
12/31/25
1/1/26 -
12/31/26
1/1/27 -
12/31/27
Principal $287 $301 $316 $332
Snr Civil Engineering, Land Surveying or Landscape Architect Mgr $260 $273 $287 $301 Civil Engineering, Land Surveying or Landscape Architect Manager $227 $238 $250 $263 Senior Planner $249 $261 $274 $288
Senior Civil Engineer, Land Surveyor or Landscape Architect $209 $219 $230 $242 Engr. Design Specialist $201 $211 $222 $233
Design Specialist $196 $206 $216 $227
Project Planner $249 $261 $274 $288
Project Civil Engineer, Land Surveyor, or Landscape Architect $192 $202 $212 $223 Project Arborist $181 $190 $200 $210
Senior Engineer, Surveyor or Landscape Designer $198 $208 $218 $229 Engineer, Planner, Surveyor or Landscape Designer $183 $192 $202 $212 Assistant Engineer, Planner, Surveyor or Landscape Designer $163 $171 $180 $189 Junior Engineer, Planner, Surveyor or Landscape Designer $152 $160 $168 $176 Senior Technician $165 $173 $182 $191
Project Technician $152 $160 $168 $176
Technician $141 $148 $155 $163
Assistant Technician $130 $137 $144 $151
Junior Technician $108 $113 $119 $125
Intern $104 $109 $114 $120
Project Support Staff $101 $106 $111 $117
Field Services
2-Person Field Crew $306 $321 $337 $354
3-Person Field Crew $401 $421 $442 $464
1-Person Field Crew $214 $225 $236 $248
Senior Field Engineer $203 $213 $224 $235
Field Engineer $179 $188 $197 $207
Docusign Envelope ID: 4BA06C5D-9A49-41D4-8527-1ABDB0E10F5E

EXHIBIT A
237
CALIFORNIA | FLORIDA | TEXAS
Corporate Office 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 925.463.0611 www.TJKM.com
RATE SCHEDULE 2024 2025 2026 2027
Principal $280/hour $280/hour $288/hour $297/hour
Director 230/hour 237/hour 244/hour 251/hour
Senior Project Manager 210/hour 216/hour 222/hour 229/hour Project Manager 210/hour 216/hour 222/hour 229/hour
Senior Transportation Engineer 175/hour 180/hour 185/hour 191/hour Transportation Engineer 175/hour 180/hour 185/hour 191/hour Assistant Transportation Engineer 100-130/hour 103-134/hour 106-138/hour 109-142/hour Senior Transportation Planner 175/hour 180/hour 185/hour 191/hour Transportation Planner 125-155/hour 129-160/hour 133-165/hour 137-170/hour Assistant Transportation Planner 95-130/hour 98-134/hour 101-138/hour 104-142/hour GIS Specialist 110/hour 113/hour 116/hour 120/hour
Graphics Designer 110/hour 113/hour 116/hour 120/hour
Designer 100/hour 103/hour 106/hour 109/hour
Technical Staff II 90/hour 93/hour 95/hour 98/hour
Administration Staff 80/hour 82/hour 85/hour 87/hour
Production Staff 55/hour 57/hour 58/hour 60/hour
Reimbursable Expenses
Plotting (per sheet) ......................................................................................................................... $18.00 Travel Cost (per mile, subject to change; based on IRS standard mileage rates)… 0.67 All outside services are billed at cost plus a ten percent margin for handling.

Expert Witness charges available upon request.

Rates Effective January 1, 2024-December 31, 2027
Docusign Envelope ID: 4BA06C5D-9A49-41D4-8527-1ABDB0E10F5E

EXHIBIT A
238

CHARGE RATE SCHEDULE
Subconsultants Cost Plus 10%
Expenses Cost Plus 15%
In-House CADD Plots
Prints $0.32/ sq. ft.

Plots $1.60/ sq. ft.

Mylar Plots $3.20/ sq. ft.

Charge Rates Applicable January 1, 2024 thru December 31, 2027 CATEGORY Year 2024 Year 2025 Year 2026 Year 2027
Senior Principal $326 $347 $369 $393
Principal $282 $300 $319 $339
Associate $259 $275 $293 $312
Engineering Manager $225 $239 $255 $271
Senior Engineer $203 $216 $232 $247
Project Engineer $186 $198 $215 $229
Staff Engineer $171 $182 $198 $211
Assistant Engineer $157 $167 $181 $193
Junior Engineer $145 $154 $165 $176
Senior Computer Drafter $164 $174 $187 $199
Computer Drafter $145 $154 $165 $176
Junior Computer Drafter $130 $138 $148 $158
BIM/Visualization Specialist $164 $174 $187 $199
Project Administrator $186 $198 $215 $229
Project Coordinator $152 $162 $176 $187
Secretarial Administrative Services $117 $124 $135 $144

Construction Manager $270 $287 $309 $329
Senior Structural Representative $237 $252 $271 $288
Structural Representative $210 $223 $241 $257
Docusign Envelope ID: 4BA06C5D-9A49-41D4-8527-1ABDB0E10F5E

EXHIBIT A
239
Table 1. ENGEO Labor Categories and Billing Rates
LABOR CATEGORY 2024 2025 2026 2027
President $464.00 $478.00 $493.00 $508.00
Principal $361.00 $372.00 $384.00 $396.00
Associate $299.00 $308.00 $318.00 $328.00
Subject Matter Expert $412.00 $425.00 $438.00 $452.00
Senior Engineer/Geologist/Seismologist/ProjectManager $258.00 $266.00 $274.00 $283.00 Project Engineer/Geologist/Seismologist/Manager $232.00 $239.00 $247.00 $255.00 Staff Engineer/Geologist/Seismologist $204.00 $210.00 $217.00 $224.00 Assistant Engineer $165.00 $170.00 $176.00 $182.00
Construction Services Manager II $211.00* $218.00* $225.00* $232.00* Construction Services Manager I $198.00* $204.00* $210.00* $217.00* Senior Field Representative II $175.00* / ** $180.00* / ** $186.00* / ** $191.00* / ** Senior Field Representative I $155.00* / ** $159.00* / ** $164.00* / ** $169.00* / ** Field Representative $144.00* / ** $149.00* / ** $154.00* / ** $158.00* / ** Senior Laboratory Technician $180.00 $186.00 $192.00 $198.00 Laboratory Technician $160.00 $165.00 $170.00 $176.00
SeniorGIS Analyst $186.00 $191.00 $197.00 $203.00
GIS Analyst $175.00 $181.00 $187.00 $193.00
Senior CAD Specialist $175.00 $180.00 $186.00 $192.00
CAD Specialist $160.00 $165.00 $170.00 $176.00
Network Administrator $258.00 $265.00 $273.00 $282.00
Project Assistant $144.00 $149.00 $154.00 $159.00

EXPENSE CHARGES

EXPENSE RATE
Outside Consultants, Subcontracted Services and
Equipment Rental
Cost plus 20%
Deposition, Mediation, Arbitration, or Court Appearance (Minimum Charge)
$2,400.00 half day / $4,800.00 full day $2,700.00 half day / $5,400.00 full day * Two-hour minimum portal to portal and cancellations within 24 hours. * Overtime rates are increased by factor of 1.5 for all hours worked in excess of 8 Monday through Friday and the first 8 hours worked on Saturday, and are increased by factor of 2.0 for all hours worked in excess of 12 Monday through Friday, all hours worked in excess of 8 on Saturday, and all hours worked on Sunday and holidays. ** For Prevailing Wage projects, increase the hourly rate by $18. ** Rates increased by factor of 1.25 for night shift hours (hours commencing after 4:00 p.m. or before 4:00 a.m.); rates increased by factor of 1.875 (an additional factor of 1.5) for all night shift hours in excess of 8.

Docusign Envelope ID: 4BA06C5D-9A49-41D4-8527-1ABDB0E10F5E

EXHIBIT A
240
Table 2. ENGEO Equipment and Materials Rates (Costs per Unit) EQUIPMENT DESCRIPTION UNIT 2024 2025 2026 2027
Air Content Meter Hour $7.21 $7.43 $7.65 $7.88
Bailers (Disposable) Each $10.30 $10.61 $10.93 $11.26
Coatings Thickness Kit (eg. Fireproofing,
Protective Paint)
Hour $30.90 $31.83 $32.78 $33.77
Concrete Crack Monitor Each $20.60 $21.22 $21.86 $22.51 Coring Machine Hour $30.90 $31.83 $32.78 $33.77
Double-Ring Infiltrometer Hour $51.50 $53.05 $54.64 $56.28 Electronic Water Level Indicator Hour $5.15 $5.30 $5.46 $5.62 Engineering Analysis Software Hour $46.35 $47.74 $49.17 $50.65 Equipment Transport(er) Hour $103.00 $106.09 $109.27 $112.55 Exploration Equipment (Electric Auger) Hour $51.50 $53.05 $54.64 $56.28 Floor Flatness/Floor Level Equipment Hour $41.20 $42.44 $43.71 $45.02 Generator Hour $15.45 $15.91 $16.39 $16.88
GIS Website Portal Maintenance Month $103.00 $106.09 $109.27 $112.55 GPR/GPS Handheld Device Hour $10.30 $10.61 $10.93 $11.26 GPR/GPS/Drone Survey Grade Equipment Hour $216.30 $222.79 $229.47 $236.36 Hand Auger and Soil Sampler Hour $15.45 $15.91 $16.39 $16.88 Hydraulic Pull-Test Equipment Hour $25.75 $26.52 $27.32 $28.14 Interface Probe Hour $2.06 $2.12 $2.18 $2.25
Magnetic Particle Test Equipment Hour $25.75 $26.52 $27.32 $28.14 Moisture Content Test Equipment Hour $6.18 $6.37 $6.56 $6.76 Multi-Parameter Water Meter Hour $15.45 $15.91 $16.39 $16.88 pH Meter/Turbidity Meter Hour $10.30 $10.61 $10.93 $11.26 Photo Ionization Detector Hour $20.60 $21.22 $21.86 $22.51 Reinforcing Bar Locator Hour $103.00 $106.09 $109.27 $112.55 Sampling Tubes Each $10.30 $10.61 $10.93 $11.26
Sand Cone Equipment and Material Hour $5.15 $5.30 $5.46 $5.62 Schmidt Hammer Hour $20.60 $21.22 $21.86 $22.51
Seismometer Hour $51.50 $53.05 $54.64 $56.28
Skidmore Wilhelm Bolt Tension Calib. Hour $41.20 $42.44 $43.71 $45.02 Slope Inclinometer/Settlement Indicator/VW
Readout
Hour $51.50 $53.05 $54.64 $56.28
Torque Wrench Hour $15.45 $15.91 $16.39 $16.88
Transfer Pump Hour $3.09 $3.18 $3.28 $3.37
Ultrasonic Equipment Hour $51.50 $53.05 $54.64 $56.28
Vapor Emission Test Kit Kit $41.20 $42.44 $43.71 $45.02 Vector Conversion Conversion $61.80 $63.65 $65.56 $67.53 Docusign Envelope ID: 4BA06C5D-9A49-41D4-8527-1ABDB0E10F5E

EXHIBIT A
241
EQUIPMENT DESCRIPTION UNIT 2024 2025 2026 2027
Vehicle, nuclear gauge, equipment, wireless
communication.
*Add $5.00/hr. for RTK enabled autotesting
equipment.

Hour

33.99* 35.01* $36.06* $37.14*
Vehicle, equipment, wireless communication Hour $23.69 $24.40 $25.13 $25.89 Vibration Monitor Month $1,854.00 $1,909.62 $1,966.91 $2,025.92 Water Sampling Pumps Hour $20.60 $21.22 $21.86 $22.51
Bridge Toll Actual Actual Actual Actual Actual
Mileage Mile $1.01 $1.04 $1.07 $1.10
Parking Actual Actual Actual Actual Actual
AutoCAD, Civil 3D, GIS, Drone Data Processing Hour $29.78 $30.77 $31.69 $32.64 Photocopies Black & White Each $0.26 $0.27 $0.28 $0.29
Photocopies Color 11 x 17 Each $1.55 $1.59 $1.64 $1.69
Photocopies Color 8½ x 11 Each $1.03 $1.06 $1.09 $1.12
Plot - Black & White Square Foot $3.09 $3.18 $3.28 $3.37 Plot - Color Square Foot $4.12 $4.24 $4.37 $4.50
Postage Actual Actual Actual Actual Actual
Scan - Black & White Each $1.55 $1.59 $1.64 $1.69
Scan - Color Each $3.86 $3.98 $4.10 $4.22
Telephone Minute $0.52 $0.53 $0.55 $0.56
Docusign Envelope ID: 4BA06C5D-9A49-41D4-8527-1ABDB0E10F5E

EXHIBIT A
242
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant Circlepoint Prime Consultant Subconsultant 2nd Tier Subconsultant Project No:

Prof Engineering, Environmental and
Construction Support Services Contract No. On-Call Contract Participation Amount $ TBD Date: 6/20/2024 For Combined Rate 61.79% 143.66% 0.00%
Fringe Benefit % + Overhead % +General & Administrative = 205.45% Combined ICR % For Home Office Rate
Fringe Benefit % + Overhead % +General & Administrative = = Home Office ICR %
For Field Office Rate
Fringe Benefit % + Overhead % +General & Administrative = = Field Office ICR %
FEE % = 10%
Straight OT (1.5) OT (2.0) From To
Ivy Morrison $305.76 N/C N/C 1/1/2024 12/31/2024 $91.00 0.00% Principal-in-Charge $321.04 N/C N/C 1/1/2025 12/31/2025 $95.55 5.00% $337.10 N/C N/C 1/1/2026 12/31/2026 $100.33 5.00%
$353.95 N/C N/C 1/1/2027 12/31/2027 $105.34 5.00%
Brianna Bohonok $262.08 N/C N/C 1/1/2024 12/31/2024 $78.00 0.00% Associate Principal $275.18 N/C N/C 1/1/2025 12/31/2025 $81.90 5.00% $288.94 N/C N/C 1/1/2026 12/31/2026 $86.00 5.00%
$303.39 N/C N/C 1/1/2027 12/31/2027 $90.29 5.00%
Sr Managing Principal $413.27 N/C N/C 1/1/2024 12/31/2024 $123.00 0.00% $113.04 $132.49 $433.94 N/C N/C 1/1/2025 12/31/2025 $129.15 5.00% $118.69 $139.11 $455.63 N/C N/C 1/1/2026 12/31/2026 $135.61 5.00% $124.63 $146.07 $478.42 N/C N/C 1/1/2027 12/31/2027 $142.39 5.00% $130.86 $153.37 Managing Principal $356.15 N/C N/C 1/1/2024 12/31/2024 $106.00 0.00% $103.32 $109.40 $373.96 N/C N/C 1/1/2025 12/31/2025 $111.30 5.00% $108.49 $114.87 $392.66 N/C N/C 1/1/2026 12/31/2026 $116.87 5.00% $113.91 $120.61 $412.29 N/C N/C 1/1/2027 12/31/2027 $122.71 5.00% $119.61 $126.64 Principal-in-Charge $305.76 N/C N/C 1/1/2024 12/31/2024 $91.00 0.00% $85.09 $97.24 $321.04 N/C N/C 1/1/2025 12/31/2025 $95.55 5.00% $89.34 $102.10 $337.10 N/C N/C 1/1/2026 12/31/2026 $100.33 5.00% $93.81 $107.21 $353.95 N/C N/C 1/1/2027 12/31/2027 $105.34 5.00% $98.50 $112.57 Associate Principal $262.08 N/C N/C 1/1/2024 12/31/2024 $78.00 0.00% $72.93 $83.87 $275.18 N/C N/C 1/1/2025 12/31/2025 $81.90 5.00% $76.58 $88.06 $288.94 N/C N/C 1/1/2026 12/31/2026 $86.00 5.00% $80.41 $92.47 $303.39 N/C N/C 1/1/2027 12/31/2027 $90.29 5.00% $84.43 $97.09 Sr Project Manager $221.76 N/C N/C 1/1/2024 12/31/2024 $66.00 0.00% $60.78 $71.71 $232.84 N/C N/C 1/1/2025 12/31/2025 $69.30 5.00% $63.82 $75.30 $244.49 N/C N/C 1/1/2026 12/31/2026 $72.77 5.00% $67.01 $79.06 $256.71 N/C N/C 1/1/2027 12/31/2027 $76.40 5.00% $70.36 $83.01 Project Manager $188.16 N/C N/C 1/1/2024 12/31/2024 $56.00 0.00% $51.05 $59.56 $197.57 N/C N/C 1/1/2025 12/31/2025 $58.80 5.00% $53.60 $62.54 $207.44 N/C N/C 1/1/2026 12/31/2026 $61.74 5.00% $56.28 $65.66 $217.82 N/C N/C 1/1/2027 12/31/2027 $64.83 5.00% $59.10 $68.95 Sr Associate $154.56 N/C N/C 1/1/2024 12/31/2024 $46.00 0.00% $42.54 $49.84 $162.29 N/C N/C 1/1/2025 12/31/2025 $48.30 5.00% $44.67 $52.33 $170.40 N/C N/C 1/1/2026 12/31/2026 $50.72 5.00% $46.90 $54.95 $178.92 N/C N/C 1/1/2027 12/31/2027 $53.25 5.00% $49.25 $57.70 Associate (Non-exempt) $134.40 $201.60 $268.80 1/1/2024 12/31/2024 $40.00 0.00% $37.68 $41.33 $141.12 $211.68 $282.24 1/1/2025 12/31/2025 $42.00 5.00% $39.56 $43.40 $148.17 $222.26 $296.35 1/1/2026 12/31/2026 $44.10 5.00% $41.54 $45.57 $155.58 $233.37 $311.16 1/1/2027 12/31/2027 $46.31 5.00% $43.62 $47.84 Coordinator/Assistant (Non-Exempt) $117.60 $176.40 $235.20 1/1/2024 12/31/2024 $35.00 0.00% $34.03 $36.47 $123.48 $185.22 $246.96 1/1/2025 12/31/2025 $36.75 5.00% $35.73 $38.29 $129.65 $194.48 $259.30 1/1/2026 12/31/2026 $38.59 5.00% $37.52 $40.21 $136.13 $204.20 $272.27 1/1/2027 12/31/2027 $40.52 5.00% $39.39 $42.22 Creative Director $278.88 N/C N/C 1/1/2024 12/31/2024 $83.00 0.00% $79.01 $87.52 $292.82 N/C N/C 1/1/2025 12/31/2025 $87.15 5.00% $82.96 $91.90 $307.46 N/C N/C 1/1/2026 12/31/2026 $91.51 5.00% $87.11 $96.49 $322.83 N/C N/C 1/1/2027 12/31/2027 $96.08 5.00% $91.46 $101.32 Sr. Web/Graphic Designer (Non-exempt) $171.36 N/C N/C 1/1/2024 12/31/2024 $51.00 0.00% $46.19 $55.91 $179.93 N/C N/C 1/1/2025 12/31/2025 $53.55 5.00% $48.50 $58.71 $188.92 N/C N/C 1/1/2026 12/31/2026 $56.23 5.00% $50.92 $61.64 $198.37 N/C N/C 1/1/2027 12/31/2027 $59.04 5.00% $53.47 $64.72 EXHIBIT 10-H2 COST PROPOSAL PAGE 1 of 3

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Hourly Billing Rates (2) Effective date of hourly rate

CALCULATION INFORMATION
Actual or Avg.

Hourly Rate
(3)
% or $
increase

BILLING INFORMATION
Name/Job Title/ Classification (1) Hourly Range - for classifications only
Not Applicable
Not Applicable
X
Docusign Envelope ID: 4BA06C5D-9A49-41D4-8527-1ABDB0E10F5E

EXHIBIT A
243
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant Circlepoint Prime Consultant Subconsultant 2nd Tier Subconsultant Project No:

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
X
Accounting Manager $305.76 N/C N/C 1/1/2024 12/31/2024 $91.00 0.00% $85.09 $97.24 $321.04 N/C N/C 1/1/2025 12/31/2025 $95.55 5.00% $89.34 $102.10 $337.10 N/C N/C 1/1/2026 12/31/2026 $100.33 5.00% $93.81 $107.21 $353.95 N/C N/C 1/1/2027 12/31/2027 $105.34 5.00% $98.50 $112.57 Project Accountant $161.28 N/C N/C 1/1/2024 12/31/2024 $48.00 0.00% $42.00 $53.48 $169.34 N/C N/C 1/1/2025 12/31/2025 $50.40 5.00% $44.10 $56.15 $177.81 N/C N/C 1/1/2026 12/31/2026 $52.92 5.00% $46.31 $58.96 $186.70 N/C N/C 1/1/2027 12/31/2027 $55.57 5.00% $48.62 $61.91 Administrative Assistant/Support Staff $144.48 $216.72 $288.96 1/1/2024 12/31/2024 $43.00 0.00% $39.00 $46.00 (Non-exempt) $151.70 $227.55 $303.40 1/1/2025 12/31/2025 $45.15 5.00% $40.95 $48.30 $159.29 $238.93 $318.57 1/1/2026 12/31/2026 $47.41 5.00% $43.00 $50.72 $167.25 $250.88 $334.50 1/1/2027 12/31/2027 $49.78 5.00% $45.15 $53.25 NOTES:
1 2
3 4
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principes. Subconsultants will provide their own cost proposals.

The cost proposal format shall not be amended.

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

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

Docusign Envelope ID: 4BA06C5D-9A49-41D4-8527-1ABDB0E10F5E

EXHIBIT A
244
www.arws.com | P: 925.691.8500

FEE SCHEDULE
AR/WS FEE SCHED ULE 2026 - 2027

CONSULTING CATEGORY
2026
1/1/26 –
12/31/26
2027
1/1/27 –
12/31/27
Principal Consultant $300.00 $310.00
Managing Consultant $245.00 $250.00
Consultant III $185.00 $190.00
Consultant II $165.00 $170.00
Consultant I $145.00 $150.00
Right of Way Technician $115.00 $120.00
Administrative Support $100.00 $105.00

Appraisal Reports Lump Sum Lump Sum
Appraiser III (MAI) (Hourly) $245.00 $250.00
Appraiser II (Hourly) $225.00 $230.00
Appraiser I (Hourly) $195.00 $200.00

Subcontractors Cost + 10% Cost + 10%

Preparation for Court Appearances $300.00 $300.00
Depositions, Court Appearances, Arbitrations / Mediations, Hearings, and Testimony $400.00 $400.00
Docusign Envelope ID: 4BA06C5D-9A49-41D4-8527-1ABDB0E10F5E

EXHIBIT A
245
CITY COUNCIL STAFF REPORT ITEM NO. 5.6
DATE: September 9, 2024
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing execution of the first amendment to the agreement with 4 LEAF, Inc. increasing the not-to-exceed amount from $546,000 to $1,221,000 and extending the term of the agreement from June 30, 2025 to December 31, 2026, to provide continuous construction inspection and administration services for the Water Reclamation Plant (WRP) Primary and Secondary Treatment Improvement Project 2019- 31 and the WRP UV Treatment System Replacement Project 2021-28 and as needed on-call construction inspection services.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a first amendment to the engineering services agreement with 4 LEAF, Inc. increasing the not-to-exceed amount from $546,000 to $1,221,000 and extending the term of the agreement from June 30, 2025 to December 31, 2026, to provide continuous construction inspection and administration services for the Water Reclamation Plant (WRP) Primary and Secondary Treatment Improvement Project 2019-31 and the WRP UV Treatment System Replacement Project 2021-28 and as needed on-call construction inspection services.

SUMMARY
4 LEAF, Inc. provides construction inspection services in connection with the WRP Primary and Secondary Treatment Improvements Project 2019-31. The project involves rehabilitation and process improvements to the primary and secondary treatment processes at the City of Livermore (City) Water Reclamation Plant (WRP). Construction activities include demolition, concrete, structural, electrical, and mechanical work at the headworks, influent pump station, odor control treatment system, motor control centers, pre-aeration tanks, primary sedimentation tanks, primary effluent pump station, and a secondary clarifier.

This amendment will add construction inspection services in connection with the WRP Ultraviolet (UV) Treatment System Replacement Project 2021-28. The project involves replacing the disinfection system to increase system reliability, reduce operation and maintenance costs, and meet regulatory compliance 246
requirements. This amendment extends the term of the agreement from June 30, 2025 to December 31, 2026 and increases the total not-to-exceed amount for construction inspection services from $546,000 to $1,221,000 to accommodate the inspection needs and schedule of the WRP UV Replacement Project.

DISCUSSION
Both the 2012 WRP Master Plan and the 2016 WRP Asset Management Plan identify aging infrastructure within the WRP primary and secondary treatment systems. Process improvements are also recommended in the 2012 WRP Master Plan. The Engineering Division and WRP staff have evaluated and prioritized these recommendations. The WRP Primary & Secondary Treatment Improvements Project involves constructing the highest priority improvements. The project includes replacing the following equipment: influent screw pumps, pre-aeration tank blowers and gates, primary sedimentation tank sludge collection mechanisms, skimmers, and gates, primary effluent pumps, odor control treatment system and equipment covers, secondary clarifier No. 2 sludge collection mechanism, bridge, and gates, and two motor control centers. The construction contract was awarded to the lowest responsible and responsive bidder, C. Overaa & Co., at the July 25, 2022, City Council Meeting.

The WRP produces an average of two million gallons per day of recycled water from wastewater for irrigation, fire suppression, toilet flushing, construction, and industrial operations. This water recycling allows the City to reduce annual potable water use by over 25 percent. The WRP has been using the current UV disinfection system for two decades as the primary means to disinfect recycled water. The WRP UV Treatment System Replacement Project involves replacing the aging system to increase reliability, reduce operations costs, and meet regulatory requirements. The construction contract was awarded to the lowest responsible and responsive bidder, Mountain Cascade, Inc., at the April 15, 2024, City Council Meeting. The location of both projects within the WRP is shown on Attachment 1. Additional inspection services are required to support construction of both these projects.

At the September 12, 2022, City Council Meeting, Council authorized the execution of the Professional Service Agreement with 4 LEAF, Inc. to perform construction inspection services for the WRP Primary and Secondary Improvement Project, which includes the following:

Pre-Construction Phase Support
Reviewing contract documents
Attending pre-construction meetings
Assisting with submittal and request for information reviews Documenting pre-construction conditions
Construction Phase Support
Constructability reviews, quantity takeoffs, and cost estimates Onsite monitoring and field inspections
Contract management support
Post-Construction Phase Support
Preparing the punch list and performing final inspections Assisting with collection and review of closeout documents Staff negotiated the attached first amendment to the professional services agreement to include similar construction inspection services for the WRP UV Treatment System Replacement Project, increasing the not-to-exceed amount from $546,000 to $1,221,000, and extending the term from June 30, 2025 to December 31, 2026. This agreement covers full-time construction inspection services throughout the duration of the two projects. In the event that 4 LEAF inspectors have additional unused capacity under 247
the contract, their services may be utilized for other construction inspection support activities, with their time billed to those individual projects.

FISCAL AND ADMINISTRATIVE IMPACTS
Work performed for the WRP Primary and Secondary Improvement Project under this amendment is covered by the budget for the WRP Primary and Secondary Treatment Improvements Project 2019-31 in the FY 2023-28 Capital Improvement Plan and additional supplemental appropriations that were approved by the City Council on July 8, 2024. Work performed for the UV Treatment System Replacement Project under this amendment is included in the budget for WRP UV Treatment System Replacement Project 2021-28 in the FY 2023-28 Capital Improvement Plan.

Both projects include funding from Fund 622 (Sewer Replacement Fees) and Fund 623 (Sewer Connection Fees). Fund 642 (Water Replacement Fund) also provides additional funding for the UV Treatment System Replacement Project.

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. Site Plan

2. Resolution

3. Exhibit A - First Amendment
Prepared by: Dennis Aberion
Senior Engineering Technician
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
248
ATTACHMENT 1

Page 1 of 2 ends

249

PROJECT LOCATION

VICINITY MAP SITE PLAN
UV Treatment System

Page 2 of 2 ends

WRP UV TREATMENT SYSTEM REPLACEMENT PROJECT
CIP 2021-28
ATTACHMENT 1 Page 2 of 2
250
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO THE AGREEMENT WITH 4LEAF, INC. INCREASING THE NOT-TO-EXCEED AMOUNT FROM $546,000 TO $1,221,000, AND EXTENDING THE TERM FROM JUNE 30, 2025 TO DECEMBER 31, 2026 TO PROVIDE CONTINUOUS CONSTRUCTION

INSPECTION AND ADMINISTRATION SERVICES FOR THE WATER

RECLAMATION PLANT (WRP), AND ADD AS NEEDED ON-CALL CONSTRUCTION

INSPECTION SERVICES FOR THE UV TREATMENT SYSTEM REPLACEMENT (PRIMARY AND SECONDARY TREATMENT PROJECT 2019-31, WRP UV TREATMENT SYSTEM REPLACEMENT PROJECT 2021-28)
4LEAF, Inc. is providing construction inspection services in connection with the Water Reclamation Plant Primary and Secondary Treatment Improvements Project 2019-

31. The project involves rehabilitation and process improvements to the primary and secondary treatment processes at the City of Livermore (City) Water Reclamation Plant (WRP). Construction activities include demolition, concrete, structural, electrical, and mechanical work at the headworks, influent pump station, odor control treatment system, motor control centers, pre-aeration tanks, primary sedimentation tanks, primary effluent pump station, and a secondary clarifier.

On September 12, 2022, City Council authorized the execution of the Professional Services Agreement with 4LEAF, Inc. to perform construction inspection services for the WRP Primary and Secondary Improvement Project 2019-31.

On April 15, 2024, City Council awarded the contract for construction of the WRP Ultraviolet (UV) Treatment System Replacement Project to Mountain Cascade, Inc. This project involves replacing the disinfection system to increase system reliability, reduce operation and maintenance costs, and meet regulatory compliance requirements.

This amendment will provide continuous construction inspection services for the WRP Primary and Secondary Improvement Project 2019-31 and add construction inspection services for the WRP Ultraviolet (UV) Treatment System Replacement Project 2021-28.

In addition, this amendment will extend the term of the agreement from June 30, 2025 to December 31, 2026, and increase the total not-to-exceed amount for construction inspection services from $546,000 to $1,221,000 to accommodate the inspection needs and schedule of the added WRP UV Replacement Project.

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

1. Authorizes the City Manager to execute the First Amendment to the Engineering Services Agreement with 4LEAF, Inc., attached hereto as Exhibit 251
RESOLUTION NO. ________
A, increasing the not-to-exceed amount from $546,000 to $1,221,000 and extending the term of the agreement from June 30, 2025 to December 31, 2026, to provide continuous construction inspection and administration services for the WRP Primary and Secondary Treatment Project 2019-31 and the WRP UV Treatment System Replacement Project 2021-28, and additional as needed on-call construction inspection services.

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

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on September 9, 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 – 4LEAF, Inc.
252
Amendment - Professional Services Agreement
Rev. 09/19/23

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

RECITALS
On September 21, 2022, City and Consultant entered into an agreement for Consultant to provide professional construction inspection and administration services, and as needed on-call inspection construction consulting services to City (“Original Agreement”). Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

City and Consultant desire to amend the Original Agreement to increase total compensation from $546,000 to $1,221,000, and extend the termination date from June 30, 2025 to December 31, 2026. This is the first amendment to the Original Agreement.

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

1. The Original Agreement is amended as follows:

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

Description of Services. Consultant shall provide the following professional services as more particularly set forth in Exhibit “A” to the Original Agreement and Exhibit “A-1” to the First Amendment (collectively “the Services”):Construction inspections and administrative services for the WRP Primary and Secondary Treatment Improvements, Project 2019-31, WRP UV Treatment System Replacement, Project 2021-28, and as needed on-call inspection construction consulting services for various development and capital improvement projects.

B. Section 4(f) of the Original Agreement is amended to read as follows:

Coordinate the Services with Dennis Aberion (“Project Manager”), or such other person designated as the Project Manager by City; C. Section 5(a) of the Original Agreement is amended to read as follows:

Compensation and Payment.
a. The total compensation payable by the City to Consultant for the Services SHALL NOT EXCEED the sum of $1,221,000 (“not to exceed amount”). City shall compensate Consultant for the Services rendered at the hourly rates, task amounts or travel expenses set forth in Exhibit Docusign Envelope ID: 97E8B861-8EFD-466F-81AE-946DB6100023 EXHIBIT A Page 1 of 5
253
Amendment - Professional Services Agreement
Rev. 09/19/23
“A” to the Original Agreement and Exhibit “A-1” to the First Amendment up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant’s only compensation for the Services and is inclusive of all costs or labor, licensing, permitting, overhead and administrative costs, and employees to provide the Services.

1. The compensation payable by the City to Consultant for the Services required by Exhibit A to the Original
Agreement SHALL NOT EXCEED $546,000.00.

2. The compensation payable by the City to Consultant for the Services required by Exhibit A-1 to the First
Amendment SHALL NOT EXCEED $675,000.00.

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

Term. The term of this Agreement commences on September 13, 2022, and terminates upon the completion of Services or December 31, 2026, whichever occurs first.

E. Section 22 of the Original Agreement is amended to read as follows:

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

TO CITY: Attention: Dennis Aberion
1052 S Livermore Avenue
Livermore, CA 94550
TO CONSULTANT: Attention: Gene Barry, Vice President
4LEAF, Inc.
2126 Rheem Drive
Pleasanton, CA 94588

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

Docusign Envelope ID: 97E8B861-8EFD-466F-81AE-946DB6100023 EXHIBIT A Page 2 of 5
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Amendment - Professional Services Agreement
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.

CONSULTANT: Dated:
____________________________ ___________________________ Gene Barry
Vice President
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna Marysheva
City Manager
APPROVED AS TO FORM:
___________________________
Deputy/Assistant/City Attorney
APPROVED AS TO INSURANCE:

Risk Manager/Analyst
Attachment:

Exhibit A-1
Docusign Envelope ID: 97E8B861-8EFD-466F-81AE-946DB6100023 8/1/2024 | 9:28 AM PDT
EXHIBIT A Page 3 of 5
255
4LEAF Fee Schedule 2024 - 2026 Construction Inspection Services for the City of Livermore Primary and Secondary Treatment Plant Upgrades Project and Various CIP Projects
Program Management Services*
Staff Designation 2024 2025 2026
Principal-in-Charge / Project Manager $203/hr $209/hr $215/hr Construction Management / Inspection Services*
Staff Designation 2024 2025 2026
Construction Manager $180.35/hr $185.76/hr $191.33/hr
Public Works Inspector (Regular Time)** $161.26/hr $166.10/hr $171.08/hr Public Works Inspector (Night Time)** $181.41/hr $186.86/hr $192.47/hr Public Works Inspector (Overtime)** $217.70/hr $224.23/hr $230.96/hr Public Works Inspector (Overtime)** $298.33/hr $307.28/hr $316.50/hr Public Works Inspector (Overtime)** $378.95/hr $390.32/hr $402.03/hr Public Works Inspector Apprentice $94 - $140/hr $97 - $146/hr $99.91 - $144.20/hr *All Fees shown include Annual Escalation of 3% starting on January 1, 2025.

BASIS OF CHARGES
A. Rates shown assume projects under this on-call contract will require compliance with California Prevailing Wage rate requirements and assumes the Client may be filing a PWC-100 Form to the California Department of Industrial Relations (DIR) for some of the projects under the on-call contract.

B. Rates for prevailing wage categories are subject to annual escalations in accordance with the bi-annual wage determinations from the California DIR. Rates based on California DIR’s wage determinations dated February 2022.

C. Per the requirements being enforced under SB 854 and because it is assumed that a PWC-100 Form will be filed by the Client to the CA DIR for each project, 4LEAF is required to notify an authorized Apprenticeship Committee through submittal of a DAS-140 form. We are then required to make an official request to an authorized Apprenticeship Committee for an apprentice by submitting a DAS-142 form. We are not assured the apprenticeship committee will be able to provide a suitable / qualified apprentice for the project. Per the apprenticeship requirements, the hours worked by the apprentice must be in a ratio of 1:5 for apprentice to journeyman hours. 4LEAF will not know the labor classification of the Public Works Apprentice until an Apprentice is dispatched to the site; therefore, the rates for the five Periods listed under the California DIR’s Wage determination for Building Construction Inspector issued February 2022 were used to determine the range of Calendar Year 2022 hourly rates for Public Works Inspector Apprentice.

D. All invoicing will be submitted monthly.

E. Overtime and Premium time will be charged as follows:
- Night Time (work begun after 4PM or before 5AM) 1.125 x hourly rate** - Overtime (over 8 hour M-F or Saturdays) 1.35 x hourly rate** - Overtime (over 8 hours Sat or 1st 8 hour Sun) 1.85 x hourly rate** - Overtime (over 8 hours Sun or Holidays) 2.35 x hourly rate** F. All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.

G. Daily commute-related travel time will not be billed to the Client. Project-related mileage for inspections will be billed at the allowable IRS Rate plus 20%. Mileage reimbursements shall be recorded from the location designated by the Client to project sites. Requests for reimbursements for lodging, food and other miscellaneous per diem items shall be approved in writing by Client prior to beginning of work.

H. In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client-directed tasks or requirements. Client should allow 4LEAF’s non-exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift.

I. If 4LEAF is requested or otherwise required to conform to Client’s alternative work week schedule (“AWW”), Client hereby agrees to compensate or reimburse 4LEAF for all overtime paid to its employees who work an AWW. - If 4LEAF’s affected EXHIBIT A-1
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256
employment group approves an AWW election and the same is registered, the overtime compensation/reimbursement shall not be required.

J. Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge.

K. Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts.

L. Client agrees that 4LEAF’s liability will be limited to the value of services provided.

EXHIBIT A-1
Docusign Envelope ID: 97E8B861-8EFD-466F-81AE-946DB6100023 EXHIBIT A Page 5 of 5
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CITY COUNCIL STAFF REPORT ITEM NO. 5.7
DATE: September 9, 2024
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing execution of an agreement with HMH Engineers, in an amount not-to-exceed $361,000 and a term ending December 31, 2026, to provide engineering services for Portola Avenue Slide Repair Project S202300P, Subtask S230042C, Federal Project No. ER-15J7(107).

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with HMH Engineers, in an amount not-to-exceed $361,000 and a term ending December 31, 2026, to provide engineering services for Portola Avenue Slide Repair Project S202300P, Subtask S230042C, Federal Project No. ER-15J7(107).

SUMMARY
The Portola Avenue Slide Repair involves reconstructing the slope on the north side of Portola Avenue, between Cayetano and the Portola Ave Overpass with engineered fill material, subdrain, and surface drainage systems. Attachment 1 shows the location of the slide. This agreement with HMH Engineers, in an amount not-to-exceed $361,000, is to provide engineering services for the slide repair and includes field reconnaissance, site survey, geotechnical engineering investigation, environmental clearance, permitting, design, and construction support.

DISCUSSION
During the December 2022/January 2023 storm events in the City of Livermore (City), large volumes of surface water runoff from the grassland pastures along the north side of Portola Avenue, between Campus Hill Drive and the Portola Ave Overpass created several slope failures spanning over 1,000 feet. The sidewalk as well as one westbound lane on Portola Avenue was covered with an approximately 2-feet depth of soil.

The City's maintenance staff cleared the soil from the roadway and sidewalk and restored paths of travel for motorists, bicyclists, and pedestrians. Excess soil remained on portions of the slope and adjacent to the sidewalk. In July 2023, the City entered into a general services agreement with GradeTech, Inc. to 258
remove the remaining soil and install erosion control measures, such as fiber rolls and geotextile filter fabric, to protect the slope until permanent repairs can be made.

In fall 2023, City staff issued a request for proposal for the Portola Avenue Slide Repair. HMH Engineers was selected as the most qualified candidate for the project after internal evaluations of the proposals received. HMH Engineers has worked for the City on several capital improvement projects to the City’s satisfaction. The total fee of $361,000 is approximately 18% of the total estimated construction cost of $2,003,000 which is typical for design, environmental, and construction support services of this scale.

FISCAL AND ADMINISTRATIVE IMPACTS
This project is funded under the Federal Highway Administration's (FHWA) Emergency Relief (ER) Program. The FHWA ER Program is administered by the California Department of Transportation (Caltrans). Caltrans has given the authorization to proceed with design and approved a budget of $2,779,500. The FHWA ER Program will reimburse up to 88.53% of the approved budget, and the City's local match will cover $319,000 of the total project cost. The approved budget includes implementing temporary erosion control measures, and the design and construction of the permanent slide repair.

The work for the Portola Avenue Slide Repair Project is included in S202300P, subtask S230042C, Federal Project No. ER-15J7(107) and is included in the 2023-28 Capital Improvement Plan which covers the cost of this agreement; therefore, no additional appropriations are necessary.

COMMUNITY PILLAR
5: A City That Works
GOAL
14: Develop, operate, and maintain the City’s infrastructure

ATTACHMENTS

1. Location Map

2. Resolution

3. Exhibit A - Agreement
Prepared by: Leon Taing
Senior Civil Engineer
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
259
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. The City of Livermore is not responsible for misuse or errors or omissions on this map. All information should be confirmed.

City of Livermore
4,800
Information Technologies, GIS Division, City of Livermore 800.0
Legend
1:

NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 0 400.00 800.0 Feet
Attachment 1 - Location Map
Notes
Date Printed: 7/26/2024
Major Streets (> 62,500)
Collector Street Names (2500-36000)
Local Street Names (2500-12500)
Private Street Names (2500-8000)
Golf Labels
Creeks
Public Facilities (4500-100000)
Park Names (4500-100,000)
School Names (4500-24,000)
Streets
Interstate
Other Freeway or Expressway
Arterial
Collector
Local
Ramp
Private Streets
Railroad
Parcels
ATTACHMENT 1
260
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HMH ENGINEERS

TO PROVIDE ENGINEERING SERVICES FOR THE PORTOLA AVENUE SLIDE REPAIR, IN AN AMOUNT NOT-TO-EXCEED $361,000 AND A TERM ENDING DECEMBER 31, 2026 (PORTOLA AVENUE SLIDE REPAIR PROJECT S202300P, SUBTASK S230042C, FEDERAL PROJECT NO. ER-15J7(107))
During the December 2022/January 2023 storm events in the City of Livermore, large volumes of surface water runoff from the grassland pastures along the north side of Portola Avenue, between Campus Hill Drive and the Portola Avenue Overpass created several slope failures spanning over 1,000 feet. The sidewalk, as well as one westbound lane on Portola Avenue, was covered with soil approximately two feet deep. The Portola Avenue Slide Repair involves reconstructing the slope on the north side of Portola Avenue, between Isabel Avenue and I-580 interchange with engineered fill material, subdrain and surface drainage systems.

This agreement with HMH Engineers, in an amount not-to-exceed $361,000, is to provide engineering services that includes field reconnaissance, site survey, geotechnical engineering investigation, environmental clearance, permitting, design, and construction support.

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

1. Authorizes the City Manager to execute an engineering services agreement with HMH Engineers, attached hereto as Exhibit A, in an amount not-to-exceed $361,000 and a term ending December 31, 2026, to provide engineering services for Portola Avenue Slide Repair Project S202300P, Subtask S230042C, Federal Project No. ER-15J7(107).

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 9, 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 HMH Engineers
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Rev. 04/16/2024

ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this ____ day of ________, 2024, (“Effective Date”) by and between the City of Livermore, a municipal corporation (“City”), and HMH Engineers, a California Corporation (“Consultant”).

RECITALS
City requires engineering services to complete Preliminary Engineering, provide Environmental Document & Permitting, and prepare Plans, Specifications and Estimate for the Portola Ave Slide Repair, City Project No. S202300P, Subtask S230042C, Federal Project No. ER-15J7(107).

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

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

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

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

3. Description of Services. Consultant shall provide engineering services to complete Preliminary Engineering, provide Environmental Document & Permitting, and prepare Plans, Specifications and Estimate in conjunction with the Portola Ave Slide Repair, City Project No. S202300P, Subtask S230042C, Federal Project No. ER15J7(107) (“Project”), as more particularly set forth in Exhibit "A" (collectively “the Services”).

4. Consultant Responsibilities. Consultant shall:
(a) Consultant shall investigate and verify all existing site conditions for the Project and take them into account when preparing the Project’s design even when "As Built" or "Record Drawings" are used by Consultant.

Docusign Envelope ID: 68CA9F31-00E5-4004-B052-F6B867B068E0

EXHIBIT A
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(b) Consultant shall review and respond to construction submittals and shop drawings within fourteen (14) calendar days following their receipt by Consultant; requests for information with comments noted thereon shall be reviewed and responded to within seven (7) working days following their receipt by the Consultant. (c) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;
(d) Provide the resources necessary to complete the Services in a timely manner;
(e) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
(f) Obtain and keep in effect all necessary licenses, permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services;
(g) Comply with all laws in effect that are related to Consultant and the Services;
(h) Coordinate the Services with Leon Taing (“Project Manager”), or such other person designated as the Project Manager by City;
(i) Be available to the Project Manager, and other parties referred to Consultant by the Project Manager, to answer questions or inquiries related to the Services;
(j) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested. Consultant shall not submit an invoice to City more frequently than once a month; (k) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

Consultant shall make the 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. Consultant shall give City 30 calendar-days’ written notice prior to destroying the invoices and records, and allow City an opportunity to take possession. If City wants them, Consultant and City shall coordinate their delivery to City in the most efficient manner possible;
(l) Prepare and submit a written report to the Project Manager, with each invoice and when requested in writing by the Project Manager, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services; and,
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EXHIBIT A
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(m) Consultant shall correct, at its own expense, all errors in the Services.

Should Consultant fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant.
(n) Consultant’s services provided pursuant to this Agreement shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.

5. Compensation and Payment.
(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $361,000.00 ("not-to-exceed amount"). City shall compensate Consultant 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 Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, travel expenses, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.
(b) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.

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

7. Termination by City. City may terminate any portion or all of the Services by giving Consultant at least 30 calendar-days written notice. Upon receipt of a termination notice, Consultant 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 Consultant in accordance with Section 5.

8. Ownership of Documents. All drawings, designs, data, photographs, reports and any and every other types of items prepared or obtained by Consultant in the performance of the Services under this Agreement shall be the property of the City and Consultant shall deliver them to City upon demand. The Consultant shall assume no responsibility for the unintended use by others of any such documents, information, or materials on project(s) which are not related to the scope of the Services described under this Agreement.

9. Copyright and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by Docusign Envelope ID: 68CA9F31-00E5-4004-B052-F6B867B068E0

EXHIBIT A
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any other party, except when expressly disclosed by Consultant to City and Consultant obtains a license to such items for the benefit of City. All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.

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

11. Indemnity and Defense.
(a) Definitions. When used in this “Indemnity and Defense” section, these terms have the following meaning:
(1) “City,” means the City, its elected officials, officers, directors, employees, agents, or designated volunteers.
(2) “Design Professional,” means licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors and the business entities which offer such services in accordance with the provisions of the California Business and Professions Code listed at California Civil Code, section 2782.8, upon which Consultant relies to meet the obligations of, or perform work pursuant to, this Agreement.
(3) “Non-Design Professional,” means any person or entity upon which Consultant relies to meet the obligations of, or perform work pursuant to, this Agreement who or which is not a Design Professional.
(4) “Loss,” or “Losses,” mean all claim for or actual loss, liability, damage, cost, and expense including but not limited to reasonable attorney, consultant and expert fees, and court costs arising out of or in connection with Consultant’s obligation or work to perform this Agreement including the City’s active or passive negligence, except for such Loss arising from the sole negligence or willful misconduct of the City. (b) Non-Design Professional Services. Consultant shall defend, indemnify, and hold harmless the City from and against any alleged Loss arising out of, pertaining to, or relating to, the services of any Non-Design Professional. (c) Design Professional Services. For an alleged Loss that solely arises out of, pertains to, or relates to, the services of a Design Professional, Consultant shall defend and indemnify the City solely for such Losses due to the negligence, recklessness, or willful misconduct of the Design Professional(s) as allowed by application of California law, including California Civil Code, section 2782.8, as written on the effective date of this Agreement and according to applicable judicial interpretations.

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EXHIBIT A
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(d) Mixed Services. If an alleged Loss arises out of, pertains to, or relates to both the services of a Design Professional and a Non-Design Professional, Consultant shall defend City against the claimed Loss and shall indemnify and hold harmless City from all Losses alleged against the Non-Design Professional combined with any Losses allegedly due to the negligence, recklessness, or willful misconduct of any Design Professional.

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

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

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

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

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

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

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

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EXHIBIT A
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19. 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.

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

21. 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.

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

TO CITY: Attention: City Engineer
CC: Project Manager
City Administration Building
City of Livermore
1052 S. Livermore Avenue
Livermore, California 94550
TO CONSULTANT: Attention: Jon Coacciotti
Principal
HMH Engineers
1570 Oakland Road
San Jose, CA 95131

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.

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25. Counterparts. This Agreement may be executed in counterpart by delivering a facsimile or secure electronic copy of the signed agreement to the other party, followed by delivery of the original documents bearing the original signatures. However, failure to deliver the original documents does not affect the enforceability of this Agreement.

26. Governing Law. This Agreement is governed by California law. Consultant consents to the exclusive jurisdiction and venue of the state and federal courts of Alameda County, California.
*************************************************************************************************** Signatures and Attachment List on the Next Page
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In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date first written above.

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

Risk Manager/Analyst
Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
Exhibit C - Milestone Schedule, Organization Chart
Exhibit D - Federal Provisions
Exhibit E - Caltrans LAPM Ex. 10-O1 & 10-O2, DBE Commitment Forms Docusign Envelope ID: 68CA9F31-00E5-4004-B052-F6B867B068E0 8/6/2024 | 4:25 PM PDT

EXHIBIT A
269
1 SCOPE OF WORK
For

PORTOLA AVENUE SLIDE REPAIR
CITY PROJECT NO. S202300P, SUBTASK S230042C
FEDERAL PROJECT No. ER-15J7(107)
DAF No. LTP-LVMR-001-0, DISASTER No. CA23-1
Understanding
HMH Engineers submitted a proposal to the City of Livermore to address a series of recent failures of the slope along the North side of Portola Avenue south of Isabel Avenue in the City of Livermore, Alameda County. Slides along the north side of the roadside occur at various locations along an approximately 1,600-foot section of Portola Avenue. The proposed project would remove slide material, rebuild the roadside slope with underdrainage, and install drainage above the slope to intercept surface flow. The City is seeking funding for the Project from the Federal Highway Administration (FHWA) and this scope assumes that the Caltrans Local Assistance will be the National Environmental Policy Act (NEPA) lead agency for the Project.

The following scope of services is developed to provide design documents and environmental clearance and permitting for the permanent repairs to address the stability of the slope.

Task 1 – Project Management
Project management will include coordination and review of work prepared by project staff and subconsultants; coordination with client and stakeholders; preparation of baseline line and progress schedules and monitoring of the schedule; monitoring of project budget; preparation of monthly project reports and invoices; project compliance review with current codes and standards and local and regional programs, etc.

Consultant will coordinate with the City of Livermore, utility companies, businesses, and other internal and external stakeholders to identify project needs, goals, and constraints.

This task will include public outreach planning, project management, Quality assurance and quality control (QA/QC) reviews, preparing progress schedules, and conducting regular coordination and progress meetings with stakeholders.

As a minimum consultant will include a kickoff meeting and monthly progress meetings with the City and stakeholders to discuss and review the project during its critical milestones.

Deliverables:
 Meeting agenda, meeting minutes and progress schedules  Monthly progress invoices with budget summary, progress report and progress schedule
 Project factsheets.
 Quality assurance and quality control reviews prior to milestone deliverables, etc.

EXHIBIT A
Docusign Envelope ID: 68CA9F31-00E5-4004-B052-F6B867B068E0

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2 Task 2 – Preliminary Engineering (PE)
Task 2.1: Field Reconnaissance and Existing Data Collection Consultant shall perform field reconnaissance and identify required tasks and studies to complete preliminary engineering. Such tasks shall include and not be limited to survey, right of way studies, geotechnical studies, stormwater management studies, hydrology and hydraulic studies, utility pothole and investigations, etc.

Consultant shall secure all necessary encroachment and right of entry permits to perform field survey, investigations, and studies. This includes and is not limited to:

Encroachment permits from the Alameda County, LARPD, Zone 7, etc.

Right of entry from adjacent park property to survey the existing abutting terrain.

Obtain and review existing available materials, as-builts, existing right of way maps, environmental documents, aerial photos, perform topographic survey, map utilities and right of way, and prepare the necessary base mapping documents to develop preliminary engineering in accordance with City planning, policy, standards, and procedures, and the California MUTCD standards.

Task 2.2: Geotechnical Design Memorandum
Consultant shall perform additional geotechnical evaluations for the permanent repair.

Consultant shall perform slope stability analyses based on the available boring data without additional field exploration or laboratory tests. The slope stability analyses will follow Caltrans standards.

A design memorandum will be prepared to summarize the geotechnical recommendations needed for the proposed improvement. A draft report will be submitted for internal review and comments. The final report will incorporate the review comments or design revisions.

Task 2.3: Basis of Design Memorandum (Optional Task)
Consultant shall prepare a Basis of Design Memorandum documenting design criteria used, non-standard features, project purpose, project need, opportunities, and constraints. Included in the Basis of Design Memorandum will be the Conceptual Design Plan.

Deliverables:
 Geotechnical Design Memorandum
 Base Map
 Basis of Design Memorandum (Optional)
 Conceptual Design Plan (Optional)
Task 3 – Environmental Document & Permitting

EXHIBIT A
Docusign Envelope ID: 68CA9F31-00E5-4004-B052-F6B867B068E0

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3 Task 3.1: Caltrans Preliminary Environmental Study (PES) and Field Review Since the slope repair project will utilize federal grant funds, compliance with the National Environmental Policy Act (NEPA) and related federal statutes will be required.

David J. Powers & Associates, Inc. (DJP&A) will work with the city and project team to develop a project description for submittal to Caltrans. DJP&A will prepare the Caltrans’ Preliminary Environmental Study (PES) form and attend one formal Caltrans Field Review for the proposed project. The PES form will include a visual impact assessment, USFWS list of federally listed species, Federal Emergency Management Agency (FEMA) floodplain map, and hazardous materials database mapping.

Task 3.2: NEPA Technical Studies
Consultant shall prepare the following technical studies for the project that are assumed to be requested to satisfy NEPA compliance for Caltrans, the City, and regulatory agencies. This scopes assumes the project will incorporate Caltrans Local Assistance Standard Mitigation measures to address construction traffic, water quality, and noise – no technical studies will be prepared for these disciplines. The studies will be based, in part, on technical information provided by the project team.

Task 3.2b: Air Quality Memorandum (Optional Task)
If desired, Illingworth & Rodkin, Inc. (I&R), under contract to DJP&A, will prepare a construction emissions analysis and a health risk assessment for the project.

Task 3.2e: Natural Environment Study (NES), Biological Assessment (BA) Sequoia Ecological Consulting, Inc. (Sequoia), under contract to DJP&A, will prepare an NES and BA to document the various biological and/or physical elements that could be potentially impacted by the project. The BA will also support consultation with the United State Fish & Wildlife Service (USFWS).

Task 3.2f: Cultural Reports (ASR/HPSR)
Archaeological and Historical Consultants (A/HC) will prepare an Area of Potential Effect Map, Archaeological Survey Report (ASR), and Historic Properties Survey Report (HPSR) to document any archaeological resources that may be discovered on-site and impacted by the project. Additionally, A/HC will adapt the Section 106 findings to support the City of Livermore with the CEQA AB 52 Native American consultation process, as needed.

Task 3.2g: NEPA CE, CEQA NOE and ECR Documentation
DJP&A will assist Caltrans, as needed, in the preparation of the NEPA Categorical Exclusion (CE) and the Environmental Commitment Record (ECR).

Based on discussions with City of Livermore staff, Consultant will file a Notice of Exemption for the project with Alameda County. Pursuant to Section 21080(b)(3) of the CEQA Guidelines, the project involves repair and restoration of an existing facility damaged during a disaster for which the Governor has declared a state of emergency and, therefore, is statutorily exempt from CEQA. DJP&A will prepare the Notice of Exemption in coordination with City staff and the project

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4 team.

Task 3.2f: Aquatic Resources Delineation Report (Optional Task) Sequoia will complete an Aquatic Resources Delineation Report, if necessary, that will include mapping of all potential waters of the U.S./State and locations of ordinary high-water mark, as applicable, to assess potential impacts to aquatic resources within agency jurisdictions.

Task 3.3: USFWS & CDFW Permitting
Consultant will apply for permits from the USFWS and the California Department of Fish & Wildlife (CDFW) pursuant to Section 7 of the Endangered Species Act and Section 2080 of the California Fish and Game Code (CFGC), respectively, due to potential impacts to California tiger salamander habitat.

This scope assumes that an Incidental Take Permit (ITP) will not be required for the project. If CDFW determines that there is potential for impacts to state-listed species which are not covered under USFWS consultation, or mitigation/conservation measures are deficient, then the CDFW will require the project to submit an ITP application.

Consultant can assist the city in preparing an ITP application at an additional cost to be determined at the time an application is requested by the CDFW.

Task 3.4: USACE and 401 Cert Permitting (Optional Task) For Clean Water Act compliance, the project is anticipated to be permitted via use of the USACE’s Nationwide Permit (NWP) Program. Consultant will prepare a Preconstruction Notice as necessary to seek verification from USACE that the project meets conditions necessary to use NWPs. Consultant will also determine the proper NWP number for the planned activity, complete the USACE Pre-Construction Notification checklist, and compile all supporting documents.

Section 401 of the Clean Water Act requires that any person applying for a federal permit or license which results in discharge of pollutants into waters of the US must obtain a state water quality certificate. Consultant will prepare and submit a Clean Water Act Section 401 certification of water quality for the project.

Task 3.5: CEQA Initial Study / Mitigated Negative Declaration (Optional Task) In the event it is determined an Initial Study/Mitigated Negative Declaration (IS/MND) should be prepared for regulatory permitting purposes, DJP&A can prepare an IS/MND as an optional task. DJP&A would use the technical reports and memos prepared for NEPA compliance as technical reports for the IS/MND. DJP&A would prepare one administrative draft version of the document and a screencheck version before finalizing the document for circulation.

Deliverables:

All deliverables in Task 3 are assumed to have two submittals, a Draft submittal to the city for comment and a Final submittal incorporating all city comments.  Traffic Technical Memorandum

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5  Air Quality Memorandum
 Water Quality Technical Memorandum
 Construction Noise Memorandum
 Natural Environment Study
 Biological Assessment
 APE Map, ASR and HPSR
 Environmental Commitment Record
 CEQA Notice of Exemption (NOE)
 NEPA Categorical Exclusion (CE)
 Aquatic Resources Delineation Report (if required) (Optional)  RWQCB Clean Water Act Section 401 Permit (Optional)
 USACE Nationwide Permit (Optional)
 CEQA Initial Study/Mitigated Negative Declaration (IS/MND) (Optional) Task 4 – 35% Plans, Specifications & Estimate (PS&E)
Task 4.1: Plans
Consultant, based on the concept work completed, shall develop a geometric approval drawing at 35% level to obtain design concept approval from the City and for the preparation of plans and estimates. Identify utility conflicts or impact. Conduct utility potholing and coordinate with affected utility companies to incorporate their requirements. Develop preliminary layout, and utility and drainage plans. Plans shall be prepared for submission to PG&E to review potential conflicts.

The plan set is expected to include the following disciplines:
• Title Sheet
• Typical Sections
• Layout
• Drainage & Utilities
Task 4.2: Cost Estimate
Consultant will calculate preliminary quantities and prepare a preliminary cost estimate.

Deliverables:
 35% design plans (11”X17”) (PDF)
 Engineer’s cost estimate (excel and PDF)
 Comment Matrix (word)
Task 5 – 65% Plans, Specifications & Estimate (PS&E)

EXHIBIT A
Docusign Envelope ID: 68CA9F31-00E5-4004-B052-F6B867B068E0

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6 Task 5.1: Plans
Consultant shall prepare plans and specifications. Based on City and other stakeholder input, consultant shall develop 65% plan, specifications, and estimates (PS&E). The PS&E shall be prepared in accordance with the latest City Standards, California MUTCD, Caltrans Standard Plans, and other utility agencies’ requirements.

The plan set is expected to include the following disciplines:
• Title Sheet
• Typical Sections
• Layout & Grading
• Drainage & Utilities
• Signing and Striping
• Erosion Control
The Consultant shall perform the following tasks:
• Collecting any required topographic survey data to design the civil improvements and prepare topographic map.
• Collect and review utility facility maps and record drawings. • Coordinate with utility agencies.
• Prepare base map showing detailed existing improvements. • Prepare underground utility mapping as needed to identify utility conflicts.

Task 5.2: Cost Estimate
Consultant will prepare Construction Cost Estimates consistent with the 65% Plans.

Task 5.3: Specifications
Specifications will be prepared in Caltrans format as a supplement to the Caltrans Standard Specifications.

Task 5.4: Construction Schedule (Optional Task)
Consultant will prepare a construction schedule depicting major items of work and anticipated durations.

Deliverables:
 65% Design Plans (24”x36” and 11”X17”) (PDF)
 65% Technical Specifications (word and PDF)
 Engineer’s Cost estimate (excel and PDF)
 Comment Matrix (word)
 Construction Schedule (Optional)
Task 6 – 95% Plans, Specification and Estimate (PS&E)

EXHIBIT A
Docusign Envelope ID: 68CA9F31-00E5-4004-B052-F6B867B068E0

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7 Task 6.1: Plans
Consultant shall respond to comments on the 65% PS&E and prepare 95% detailed plans for proposed improvements.

Consultant shall prepare a response matrix listing City’s review comments and consultant’s responses to those comments. Consultant shall incorporate City and Consultant agreed-upon comments. Consultant shall return the original redline comments from the City with succeeding submittals. Consultant shall meet with the City to discuss 65% design comments. City staff will review the designs and estimates and will provide comments.

The Consultant shall perform the following tasks, including, but not limited to:
• Review and respond to City comments in a comment matrix. • Incorporate 65% design submittal review comments.
• Prepare design specifications including construction bid item descriptions.

Task 6.2: Cost Estimate
Consultant shall respond to comments on the 65% PS&E and prepare 95% estimate for proposed improvements.

Task 6.3: Specifications
Consultant shall respond to comments on the 65% PS&E and prepare 95% specifications for proposed improvements.

6.4 – SWPPP (Optional Task)
Consultant will perform Stormwater Pollution Prevention Plan (SWPPP) assessment and prepare SWPPP.

Deliverables:
 95% Design Plans (24”x36” and 11”X17”) (PDF)
 95% Technical Specifications (word and PDF)
 Engineer’s Cost estimate (excel and PDF)
 Comment Matrix (word)
 Stormwater Pollution Prevention Plan (Optional)
Task 7 – 100% Plans, Specifications and Estimate
Consultant will respond to comments on the 95% PS&E and prepare final detailed plans, specifications, and estimates for proposed improvements. Consultant will prepare a response matrix listing City’s review comments and consultant’s responses to those comments. Consultant will incorporate City and Consultant agreed-upon comments.

Consultant will return the original redline comments from the city with succeeding submittals. Consultant will meet with the city to discuss 95% design comments.

EXHIBIT A
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8 Deliverables:
 Stormwater Pollution Prevention Plan
 Final (100%) stamped design plans (22”x34” and 11”X17”) in hard copy and a pdf file.  Technical Specifications in hard copy and a pdf file
 Engineer’s cost estimate in hard copy and a pdf file.

Task 8 – Advertising and Bidding Support Services
Consultant will prepare responses to bid inquiries and addendums to the plans to address questions by bidders. Consultant will attend a pre-bid site visit with the bidders.

This task assumes 1 addendum and 2 sets of bid questions.

Task 9 – Construction Administration Services
Consultant will review submittals, shop drawings and other submittals for the project, respond to all Requests for Information (RFI) and Requests for Clarification (RFC). As requested by the City, consultant may attend biweekly construction meetings (total of 6) for duration of the project. Consultant will issue any revisions to plans or details as a result of the RFI/RFC process and if necessary, clarify the intent of the design or reflect material changes to the plans encountered during construction.

Consultant will prepare a set of as-built Record Drawings based on the Contractor’s and City Inspector’s redline markups.

Deliverables:
 1 set of 22” x 34” prints and CAD files.

Exclusions and Assumptions:
• Record right-of-way will be used for design, boundary resolution is not required for the project.
• The topographic data previously collected via drone aerial survey will be relied upon. • The project area is under 10,000 SF of new or replaced impervious area and is therefore excluded from C3 treatment requirements.
• Any previous environmental reports for the Project supplied to Client or the Project owner will be provided.
• Any previous correspondence between Client or the Project owner and government agencies will be provided.
• Any biological survey, assessment, or other reconnaissance is dependent on current conditions, and the data obtained may not be accurate or applicable in subsequent years.
• Changes to the Project Description that require revisions to CEQA documentation, NEPA documentation, studies, and/or permit applications may result in additional costs not covered in this Scope of Work.

EXHIBIT A
Docusign Envelope ID: 68CA9F31-00E5-4004-B052-F6B867B068E0

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9 • Mitigation for Project impacts will be accomplished through purchase of credits at agency approved mitigation banks.
• Assumes that the Caltrans Office of Local Assistance will be the National Environmental Policy Act (NEPA) lead agency for the project. • No Streetlighting, electrical or Signal Design is included in this work. • No Stormwater sampling or construction inspection is included in this work, but this can be provided by HMH for an additional fee. • The City of Livermore would undertake mailings and prepare public/newspaper notices for CEQA compliance. Consultant would prepare the Notice of Completion and Notice of Determination for filing with the State Clearinghouse and Alameda County. DJP&A would print up to 10 copies of the Initial Study. DJP&A would respond to comments received by the City of Livermore and would attend one public hearing to adopt the MND.
• It is assumed that no conformity documentation will be required. The City will provide an MTC PM2.5 confirmation email that the project is not a Project of Air Quality Concern.

EXHIBIT A
Docusign Envelope ID: 68CA9F31-00E5-4004-B052-F6B867B068E0

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Task 1
Task 1.1 Project Management $10,058 $10,058.00
Task 1.2 Project Meetings $12,070 $12,069.60
$22,127.60 $22,127.60
Task 2
Task 2.1 Field Reconnaissance and Existing Data Collection $2,370 $2,369.50 Task 2.2 Geotechnical Design Memorandum $734 $11,785.06 $12,519.36 $14,888.86 $3,103.80 $11,785.06
Task 3
Task 3.1 PES and Field Review $463 $9,891 $10,353.30
Task 3.2 NEPA Technical Studies $463 $5,704 $6,167.20
Task 3.2e Natural Environment Study (NES), Biological Assessment (BA) $1,851 $33,658 $35,509.20 Task 3.2f Cultural Reports (ASR/HPSR) $463 $9,316 $9,778.80 Task 3.2g NEPA CE CEQA NOE and ECR Documentation $463 $9,991 $10,453.30 Task 3.3 USFWS & CDFW Permitting $3,542 $9,954 $13,495.90 $85,757.70 $7,244.30 $78,513.40
Task 4
Task 4.1 Plans $13,674 $13,674.00
Task 4.2 Cost Estimate $4,400 $4,399.60
$18,073.60 $18,073.60
Task 5
Task 5.1 Plans $32,129 $5,677 $37,805.70
Task 5.2 Cost Estimate $4,862 $4,862.40
Task 5.3 Specifications $6,251 $6,250.80
$48,918.90 $43,242.40 $5,676.50
Task 6
Task 6.1 Plans $19,536 $5,677 $25,212.50
Task 6.2 Cost Estimate $5,078 $5,078.40
Task 6.3 Specifications $2,370 $2,369.50
$32,660.40 $26,983.90 $5,676.50
Task 7
Task 7.1 Plans $7,793 $7,793.40
Task 7.2 Cost Estimate $2,539 $2,539.20
Task 7.3 Specifications $1,321 $1,320.50
$11,653.10 $11,653.10
Task 8 $4,233 $4,233.00
$4,233.00 $4,233
Task 9 $10,564 $10,564.00
$10,564.00 $10,564
$147,226 $89,866 $11,785 $248,877
Task 2.2 Basis of Design Memorandum $13,581 $13,581.40
Task 3.2b Construction Emissions Analysis and Health Risk Assessment $463 $10,579 $11,041.34 Task 3.2f Aquatic Resources Delineation Report $1,388 $13,929 $15,317.28 Task 3.4 USACE and RWQCB Permitting $7,331 $15,948 $23,278.60 Task 3.5 CEQA IS/MND $6,640 $33,642 $40,281.93
Task 5.4 Construction Schedule $2,394 $2,394.20
Task 6.4 SWPPP $5,615 $5,615.20
$37,412 $74,098 $111,510
GRAND TOTAL (BASE + OPTIONAL) $360,387
TOTAL NOT-TO-EXCEED FEE $361,000.00

TOTAL BASE SCOPE
Task 9 Subtotal
100% Plans, Specifications & Estimate
Advertising and Bidding Support Services
35% Plans, Specifications & Estimate
Construction Adminstration Services
Task 7 Subtotal
Task 8 Subtotal
Task 4 Subtotal
Task 6 Subtotal
65% Plans, Specifications & Estimate
Task 2 Subtotal
Parikh

FEE SCHEDULE

PORTOLA AVENUE SLIDE REPAIR PROJECT DJPA
($) TOTAL FEE
HMH
Preliminary Engineering (PE)
Task 5 Subtotal
FEE
Project Management
FEE
Environmental Document & Permitting

TOTAL OPTIONAL TASKS
DAF No. LTP-LVMR-001-0, DISASTER No. CA23-1,
FEDERAL PROJECT No. ER-15J7(107)

OPTIONAL TASKS
95% Plans, Specifications & Estimate
FEE
Task 1 Subtotal
Task 3 Subtotal
TASK

EXHIBIT A
Docusign Envelope ID: 68CA9F31-00E5-4004-B052-F6B867B068E0

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Cost Proposal 2
Specific Rate of Compensation (On-Call or As-Needed Contracts) Note: Mark-ups are Not Allowed
Consultant: HMH Engineers Prime Consultant Subconsultant 2nd Tier Subconsultant Project: City of Livermore - Portola Ave Slope
Repair Contract No. Participation Amount $ Date:

For Combined Rate
Fringe Benefit 95.95% + General & Administrative 84.53% = Combined 180.48% For Home Office Rate
Fringe Benefit ___% + General & Administrative ___% = Home Office ___% For Field Office Rate
Fringe Benefit ___% + General & Administrative ___% = Field Office ___% Fee = 10%

BILLING INFORMATION CALCULATION INFORMATION
Name/Classification
Straight Overtime From To
Principal $ N/A 7/1/2024 6/30/2025 102.00 314.70 $ 73.60$ to 112.20$ $ N/A 7/1/2025 6/30/2026 5.00% 107.10 330.43 $ 77.28$ - 117.81$ $ N/A 7/1/2026 6/30/2027 5.00% 112.46 346.96 $ 81.14$ - 123.70$ $ N/A 7/1/2027 6/29/2028 5.00% 118.08 364.30 $ 85.20$ - 129.89$ $ N/A 6/30/2028 6/29/2029 5.00% 123.98 382.52 $ 89.46$ - 136.38$ Manager (Civil Engineering / Land Surveying / Lands $ N/A 7/1/2024 6/30/2025 92.00 cape Architecture) 283.85 $ 65.50$ to 110.00$ $ N/A 7/1/2025 6/30/2026 5.00% 96.60 298.04 $ 68.78$ - 115.50$ $ N/A 7/1/2026 6/30/2027 5.00% 101.43 312.94 $ 72.21$ - 121.28$ $ N/A 7/1/2027 6/29/2028 5.00% 106.50 328.59 $ 75.82$ - 127.34$ $ N/A 6/30/2028 6/29/2029 5.00% 111.83 345.02 $ 79.62$ - 133.71$ Senior Civil Engineer / Planner / Land Surveyor / L$ N/A 7/1/2024 6/30/2025 77.25 andscape Architect 238.34 $ 49.50$ to 102.90$ $ N/A 7/1/2025 6/30/2026 5.00% 81.11 250.25 $ 51.98$ - 108.05$ $ N/A 7/1/2026 6/30/2027 5.00% 85.17 262.77 $ 54.57$ - 113.45$ $ N/A 7/1/2027 6/29/2028 5.00% 89.43 275.91 $ 57.30$ - 119.12$ $ N/A 6/30/2028 6/29/2029 5.00% 93.90 289.70 $ 60.17$ - 125.08$ Project Civil Engineer / Land Surveyor / Landscape A$ N/A 7/1/2024 6/30/2025 52.75 rchitect / Planner 162.75 $ 44.50$ to 62.20$ $ N/A 7/1/2025 6/30/2026 5.00% 55.39 170.89 $ 46.73$ - 65.31$ $ N/A 7/1/2026 6/30/2027 5.00% 58.16 179.43 $ 49.06$ - 68.58$ $ N/A 7/1/2027 6/29/2028 5.00% 61.06 188.40 $ 51.51$ - 72.00$ $ N/A 6/30/2028 6/29/2029 5.00% 64.12 197.82 $ 54.09$ - 75.60$ Engineer / Planner / Surveyor / Landscape Designer $ N/A 7/1/2024 6/30/2025 50.00 154.26 $ 38.20$ to 55.70$ $ N/A 7/1/2025 6/30/2026 5.00% 52.50 161.98 $ 40.11$ - 58.49$ $ N/A 7/1/2026 6/30/2027 5.00% 55.13 170.08 $ 42.12$ - 61.41$ $ N/A 7/1/2027 6/29/2028 5.00% 57.88 178.58 $ 44.22$ - 64.48$ $ N/A 6/30/2028 6/29/2029 5.00% 60.78 187.51 $ 46.43$ - 67.70$ Assistant Engineer / Surveyor / Planner / Landscape$ N/A 7/1/2024 6/30/2025 36.43 Designer 112.40 $ 29.80$ to 47.70$ $ N/A 7/1/2025 6/30/2026 5.00% 38.25 118.02 $ 31.29$ - 50.09$ $ N/A 7/1/2026 6/30/2027 5.00% 40.16 123.92 $ 32.85$ - 52.59$ $ N/A 7/1/2027 6/29/2028 5.00% 42.17 130.11 $ 34.50$ - 55.22$ $ N/A 6/30/2028 6/29/2029 5.00% 44.28 136.62 $ 36.22$ - 57.98$ Junior Engineer / Surveyor / Planner / Landscape De $ N/A 7/1/2024 6/30/2025 38.50 signer 118.78 $ 35.00$ to 42.40$ $ N/A 7/1/2025 6/30/2026 5.00% 40.43 124.72 $ 36.75$ - 44.52$ $ N/A 7/1/2026 6/30/2027 5.00% 42.45 130.96 $ 38.59$ - 46.75$ $ N/A 7/1/2027 6/29/2028 5.00% 44.57 137.51 $ 40.52$ - 49.08$ $ N/A 6/30/2028 6/29/2029 5.00% 46.80 144.38 $ 42.54$ - 51.54$ Engineering Design Specialist $ N/A 7/1/2024 6/30/2025 57.00 175.86 $ 44.10$ to 89.10$ $ N/A 7/1/2025 6/30/2026 5.00% 59.85 184.65 $ 46.31$ - 93.56$ $ N/A 7/1/2026 6/30/2027 5.00% 62.84 193.89 $ 48.62$ - 98.23$ $ N/A 7/1/2027 6/29/2028 5.00% 65.98 203.58 $ 51.05$ - 103.14$ $ N/A 6/30/2028 6/29/2029 5.00% 69.28 213.76 $ 53.60$ - 108.30$ Design Specialist $ N/A 7/1/2024 6/30/2025 72.00 222.14 $ 40.20$ to 79.20$ $ N/A 7/1/2025 6/30/2026 5.00% 75.60 233.25 $ 42.21$ - 83.16$ Loaded Hourly Billing Rates Effective Date of
Hourly Rate Hourly Range for Class
7/2/2024
% Escalation
Increase
Actual Hourly Rate
and/or Average Hourly
Rate

EXHIBIT A
Docusign Envelope ID: 68CA9F31-00E5-4004-B052-F6B867B068E0

EXHIBIT A
280
$ N/A 7/1/2026 6/30/2027 5.00% 79.38 244.91 $ 44.32$ - 87.32$ $ N/A 7/1/2027 6/29/2028 5.00% 83.35 257.16 $ 46.54$ - 91.68$ $ N/A 6/30/2028 6/29/2029 5.00% 87.52 270.01 $ 48.86$ - 96.27$ Senior Technician $ N/A 7/1/2024 6/30/2025 63.00 194.37 $ 45.90$ to 71.50$ $ N/A 7/1/2025 6/30/2026 5.00% 66.15 204.09 $ 48.20$ - 75.08$ $ N/A 7/1/2026 6/30/2027 5.00% 69.46 214.30 $ 50.60$ - 78.83$ $ N/A 7/1/2027 6/29/2028 5.00% 72.93 225.01 $ 53.13$ - 82.77$ $ N/A 6/30/2028 6/29/2029 5.00% 76.58 236.26 $ 55.79$ - 86.91$ Project Technician $ N/A 7/1/2024 6/30/2025 42.00 129.58 $ 38.20$ to 46.20$ $ N/A 7/1/2025 6/30/2026 5.00% 44.10 136.06 $ 40.11$ - 48.51$ $ N/A 7/1/2026 6/30/2027 5.00% 46.31 142.86 $ 42.12$ - 50.94$ $ N/A 7/1/2027 6/29/2028 5.00% 48.62 150.01 $ 44.22$ - 53.48$ $ N/A 6/30/2028 6/29/2029 5.00% 51.05 157.51 $ 46.43$ - 56.16$ Technician $ N/A 7/1/2024 6/30/2025 34.00 104.90 $ 30.90$ - 37.40$ $ N/A 7/1/2025 6/30/2026 5.00% 35.70 110.14 $ 32.45$ - 39.27$ $ N/A 7/1/2026 6/30/2027 5.00% 37.49 115.65 $ 34.07$ - 41.23$ $ N/A 7/1/2027 6/29/2028 5.00% 39.36 121.43 $ 35.77$ - 43.30$ $ N/A 6/30/2028 6/29/2029 5.00% 41.33 127.51 $ 37.56$ - 45.46$ Assistant Technician $ N/A 7/1/2024 6/30/2025 27.00 83.30 $ 24.50$ - 29.70$ $ N/A 7/1/2025 6/30/2026 5.00% 28.35 87.47 $ 25.73$ - 31.19$ $ N/A 7/1/2026 6/30/2027 5.00% 29.77 91.84 $ 27.01$ - 32.74$ $ N/A 7/1/2027 6/29/2028 5.00% 31.26 96.43 $ 28.36$ - 34.38$ $ N/A 6/30/2028 6/29/2029 5.00% 32.82 101.25 $ 29.78$ - 36.10$ Junior Technician $ N/A 7/1/2024 6/30/2025 30.00 92.56 $ 24.50$ - 33.00$ $ N/A 7/1/2025 6/30/2026 5.00% 31.50 97.19 $ 25.73$ - 34.65$ $ N/A 7/1/2026 6/30/2027 5.00% 33.08 102.05 $ 27.01$ - 36.38$ $ N/A 7/1/2027 6/29/2028 5.00% 34.73 107.15 $ 28.36$ - 38.20$ $ N/A 6/30/2028 6/29/2029 5.00% 36.47 112.51 $ 29.78$ - 40.11$ Senior Field Eng $ N/A 7/1/2024 6/30/2025 55.35 170.77 $ 50.30$ - 60.90$ $ N/A 7/1/2025 6/30/2026 5.00% 58.12 179.31 $ 52.82$ - 63.95$ $ N/A 7/1/2026 6/30/2027 5.00% 61.02 188.27 $ 55.46$ - 67.14$ $ N/A 7/1/2027 6/29/2028 5.00% 64.07 197.69 $ 58.23$ - 70.50$ $ N/A 6/30/2028 6/29/2029 5.00% 67.28 207.57 $ 61.14$ - 74.02$ Chainman $ N/A 7/1/2024 6/30/2025 55.35 170.77 $ 44.40$ - 53.80$ $ N/A 7/1/2025 6/30/2026 5.00% 58.12 179.31 $ 46.62$ - 56.49$ $ N/A 7/1/2026 6/30/2027 5.00% 61.02 188.27 $ 48.95$ - 59.31$ $ N/A 7/1/2027 6/29/2028 5.00% 64.07 197.69 $ 51.40$ - 62.28$ $ N/A 6/30/2028 6/29/2029 5.00% 67.28 207.57 $ 53.97$ - 65.39$ Crew Chief $ N/A 7/1/2024 6/30/2025 48.88 150.81 $ 50.30$ - 60.90$ $ N/A 7/1/2025 6/30/2026 5.00% 51.32 158.35 $ 52.82$ - 63.95$ $ N/A 7/1/2026 6/30/2027 5.00% 53.89 166.27 $ 55.46$ - 67.14$ $ N/A 7/1/2027 6/29/2028 5.00% 56.58 174.58 $ 58.23$ - 70.50$ $ N/A 6/30/2028 6/29/2029 5.00% 59.41 183.31 $ 61.14$ - 74.02$ Project Support Staff $ N/A 7/1/2024 6/30/2025 48.56 149.82 $ 30.50$ - 90.80$ $ N/A 7/1/2025 6/30/2026 5.00% 50.99 157.31 $ 32.03$ - 95.34$ $ N/A 7/1/2026 6/30/2027 5.00% 53.54 165.18 $ 33.63$ - 100.11$ $ N/A 7/1/2027 6/29/2028 5.00% 56.21 173.44 $ 35.31$ - 105.11$ $ N/A 6/30/2028 6/29/2029 5.00% 59.02 182.11 $ 37.07$ - 110.37$ Intern $ N/A 7/1/2024 6/30/2025 23.00 70.96 $ 18.20$ - 26.40$ $ N/A 7/1/2025 6/30/2026 5.00% 24.15 74.51 $ 19.11$ - 27.72$ $ N/A 7/1/2026 6/30/2027 5.00% 25.36 78.23 $ 20.07$ - 29.11$ $ N/A 7/1/2027 6/29/2028 5.00% 26.63 82.15 $ 21.07$ - 30.56$ $ N/A 6/30/2028 6/29/2029 5.00% 27.96 86.25 $ 22.12$ - 32.09$ Note:

3. For named employees enter the actual hourly rate. For classifications only, enter the average hourly rate for that classification. • Denote all employees subject to prevailing wage with an asterisks (*) • For “Other Direct Cost” listing, see page 2 of this Exhibit

1. Names and classifications of consultant (key staff) team members must be listed. Provide separate sheets for prime and all subconsultant firms.

2. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Agreed upon billing rates are not adjustable for the term of contract.

EXHIBIT A
Docusign Envelope ID: 68CA9F31-00E5-4004-B052-F6B867B068E0

EXHIBIT A
281
Revised 1/11/2021 B11 – 5M E&O

Page 1 ends

EXHIBIT B

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

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

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

3. Workers’ Compensation and Employer's Liability:

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

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

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

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

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

1. The City of Livermore, its officers, officials, employees, and designated Docusign Envelope ID: 68CA9F31-00E5-4004-B052-F6B867B068E0

EXHIBIT A
282
Revised 1/11/2021 B11 – 5M E&O

Page 2 ends

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

Docusign Envelope ID: 68CA9F31-00E5-4004-B052-F6B867B068E0

EXHIBIT A
283
SUCCESS 📊 ✅

QUALITY-COMMITMENT-SERVICE
1 CONNOR TUTINO

WILL BURNS, AICP

FRANK WANG, GE, PE
DANIEL SHOUP, RPA, PhD
DAVID WANG, PhD, GE

PRINCIPAL IN CHARGE

JON CACCIOTTI, PE

QA/QC MANAGER,

STORMWATER LEAD

MEGAN CRONAN, PE,

QSD/P, CPSWQ

PROJECT MANAGER

ALYSON GOULDEN

HILDA GARCIA
CIVIL

GRADING AND SPECS

IVO MISKIC
CIVIL
3D MODELING

ENVIRONMENTAL

PRINCIPAL

PROJECT MANAGER

ENVIRONMENTAL

PROJECT MANAGER

GEOTECHNICAL

PROJECT MANAGER

GEOTECHNICAL

LEAD PROJECT ENGINEER

ALAN LE, PE, CPESC
CIVIL

EROSION AND

SEDIMENT LEAD

BROCK BUCHSTABER
CIVIL

DRAFTING

ARCHAEOLOGY/HISTORY

PRINCIPAL,

ARCHAEOLOGIST
TASHI MacMILLEN

ECOLOGY

PRINCIPAL

BIOLOGIST

JESSE REEBS

ECOLOGY

SENIOR PROJECT

MANAGER
JAMES A. REYFF

ACOUSTICS/

AIR QUALITY

SENIOR PROJECT

SCIENTIST

JAY WITT

ACOUSTICS/

AIR QUALITY
SENIOR

CONSULTANT
Appendix 1: Organizational Chart PORTOLA AVENUE SLIDE REPAIR PROJECT City of Livermore

EXHIBIT C
Docusign Envelope ID: 68CA9F31-00E5-4004-B052-F6B867B068E0

EXHIBIT A
284
Portola Ave Slope Repair
Milestone Schedule

OCT NOV DEC JAN FEB MAR APR MAY
Prepare Tech Studies
Schedule subject to external party's timely input and approval of Project Documents 95% PS&E
8-9 Bid, Award and
Construction
Bidding
Award
Construction
100 PS&E
Regulatory
Permits
35% PS&E
Tech Studies
CE/CE
65% PS&E
3 Environmental Doc
& Permitting
4-7 PS&E
1 2
Field Recon
Design
Memos
Project
Management
Preliminary
Engineering

AUG OCT NOV DEX JAN SEPT FEB MAR APR MAY JUN JUL AUG SEP Agency
Review Regulatory Permits
Agency
Review App.

NOE App
65% PS&E
Bidding
Award
Construction >>>>
Agency
Review
95%
PS&E
Agency
Review
100%
PS&E Approval
App.
35%
PS&E
Agency
Review

POST CE

EXHIBIT C
Docusign Envelope ID: 68CA9F31-00E5-4004-B052-F6B867B068E0

EXHIBIT A
285

Page 1 of 23 ends

May 2023
Caltrans Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language
Caltrans Local Assistance Procedures Manual
Exhibit 10-R: A&E BOILERPLATE AGREEMENT LANGUAGE
(For Local Assistance Federal-Aid Projects)

TABLE OF CONTENTS
Page
I. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS .................................................. 2 II. RETENTION OF RECORD/AUDITS .............................................................................................. 2 III. AUDIT REVIEW PROCEDURES ................................................................................................... 2 IV. SUBCONTRACTING ..................................................................................................................... 4 V. EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ........................................... 5 VI. STATE PREVAILING WAGE RATES ............................................................................................ 5 VII. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION........................................ 9 VIII. PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING................................................................................................................................................ 9 IX. NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE ................................... 9 X. DEBARMENT AND SUSPENSION CERTIFICATION.................................................................. 10 XI. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION .................................. 11 XII. SAFETY ....................................................................................................................................... 17 XIII. OWNERSHIP OF DATA .............................................................................................................. 17 XIV. CONFIDENTIALITY OF DATA .................................................................................................... 18 XV. NATIONAL LABOR RELATIONS BOARD CERTIFICATION ..................................................... 19 XVI. PROMPT PAYMENT ................................................................................................................... 19 XVII. TITLE VI ASSURANCES ............................................................................................................. 19

EXHIBIT D
Docusign Envelope ID: 68CA9F31-00E5-4004-B052-F6B867B068E0

EXHIBIT A
286

Page 2 of 23 ends

May 2023
Caltrans Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language
I. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

II. RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

III. AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the

EXHIBIT D
Docusign Envelope ID: 68CA9F31-00E5-4004-B052-F6B867B068E0

EXHIBIT A
287

Page 3 of 23 ends

May 2023
Caltrans Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language
instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

EXHIBIT D
Docusign Envelope ID: 68CA9F31-00E5-4004-B052-F6B867B068E0

EXHIBIT A
288

Page 4 of 23 ends

Livermore City CouncilSeptember 9, 2024

Livermore City Council
September 9, 2024