Livermore City Council
June 9, 2025

CITY COUNCIL

REVISED AGENDA
MONDAY, JUNE 9, 2025
REGULAR MEETING – 7:00 PM
CLOSED SESSION 6:30 PM
*Items 1.2, 1.3, and 1.4 have been added to the agenda.

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

CIVIC CENTER MEETING HALL

CITY COUNCIL CHAMBER
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
Evan Branning, Vice Mayor
Ben Barrientos, Council Member
Steven Dunbar, Council Member
Kristie Wang, Council Member
Livermore City Council Agenda June 9, 2025
1 1. CLOSED SESSION - 6:30 PM
Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
Note: This Closed Session my be continued to the end of the Regular Meeting.

1.1 Conference with Labor Negotiators. To meet with the City’s negotiators Tina Olson, Administrative Services Director, Kristen Hilton, Human Resources Manager, and Emily Prescott, of Counsel, with the law firm Sloan, Sakai, Yeung and Wong LLP pursuant to Government Code section 54957.6, regarding negotiations with the Association of Livermore Employees.

1.2 Conference with Labor Negotiators. To meet with the City’s negotiators Tina Olson, Administrative Services Director, Kristen Hilton, Human Resources Manager, and Emily Prescott, of Counsel with the law firm Sloan, Sakai, Yeung and Wong LLP pursuant to Government Code section 54957.6, regarding negotiations with the Livermore Management Group.

1.3 Conference with Labor Negotiators. To meet with the City’s negotiators Tina Olson, Administrative Services Director, Kristen Hilton, Human Resources Manager, and Emily Prescott, of Counsel with the law firm Sloan, Sakai, Yeung and Wong LLP pursuant to Government Code section 54957.6, regarding negotiations with the Livermore Police Management Association.

1.4 PUBLIC EMPLOYEE EMPLOYMENT: Public employee recruitment pursuant to Government Code section 54957(b).

Title of position to be filled: City Attorney.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Presentation of the 2025 High School Senior Arts Awards.

Recommendation:

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

ROLL CALL
Council Member Ben Barrientos
Council Member Steven Dunbar
Council Member Kristie Wang
Vice Mayor Evan Branning
Mayor John Marchand

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION
Livermore City Council Agenda June 9, 2025
2 award recipients.

Staff Report

3.2 Livermore Youth Council Annual Update presented by Chair Greta Fick-Furlotte.

Recommendation:

Staff recommends the City Council accept the Livermore Youth Council annual update.

Staff Report
Attachments:

1. Annual Update

3.3 Confirm Advisory Body appointments to the Commission for the Arts, Historic Preservation Commission, Library Board of Trustees, and the Livermore Housing Authority Board of Commissioners, and direct the City Clerk to administer the oath of office.

Recommendation:

The City Council Subcommittee on Advisory Bodies recommends the City Council confirm the advisory body appointments to the Commission for the Arts, Historic Preservation Commission, Library Board of Trustees, and the Livermore Housing Authority Board of Commissioners, and direct the City Clerk to administer the oath of office.

Staff Report

3.4 Presentation of Memorial Sign to the Family of Justin Thomas Recommendation:

Staff recommends the family of Justin Thomas be presented with a Memorial Sign that will be placed on North Mines Road to honor his life that was lost on October 17, 2023. The sign will serve as an important reminder to the public for drivers to be alert and watch for motorcycles.

Staff Report
Attachments:

1. Memorial Sign

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.

Livermore City Council Agenda June 9, 2025
3 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 - April 28, 2025 Special Meeting and April 28, 2025 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report
Attachments:

1. DRAFT 2025-04-28 Special

2. DRAFT 2025-04-28 Regular

5.2 Approval of draft minutes - May 12, 2025 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report
Attachments:

1. DRAFT 2025-05-12

5.3 Approval of draft minutes - May 19, 2025 Special Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report
Attachments:

1. DRAFT 2025-05-19 Special Workshop

5.4 Adoption of an ordinance approving Development Agreement (DA) 24-002 for the Triad Place project.

Recommendation:

Planning Commission and staff recommend the City Council adopt an ordinance approving Development Agreement (DA) 24-002 with 3055 Livermore Owner LLC, for the Triad Place project, that would vest development rights for 15 years, allow future development of approximately 450± multifamily units in a variety of building types, establish terms and timing Livermore City Council Agenda June 9, 2025
4 of Social Opportunity Endowment and Community Benefit Fund contributions, alternatives to inclusionary affordable housing requirements, and the construction of off-site Class IV bike lane improvements along North Canyons Parkway.

Staff Report
Attachments:

1. Ordinance

2. Exhibit A - PC Resolution - Development Agreement

3. Exhibit B - Development Agreement

5.5 Introduce an ordinance amending portions of Livermore Municipal Code Chapter 13.36 Sewer Service and Use Charges Sections 13.36.030 Definitions, 13.36.060 Residential Customers, and 13.36.090 Industrial and Miscellaneous Customers.

Recommendation:

Staff recommends the City Council introduce an ordinance, and waive the first reading, amending portions of Livermore Municipal Code Chapter 13.36 Sewer and Use Charges Sections 13.36.03 Definitions, 13.36.060 Residential Customers, and 13.36090 Industrial and Miscellaneous Customers.

Staff Report
Attachments:

1. Ordinance

5.6 Resolution authorizing execution of an agreement with the California Energy Commission for the Charging Infrastructure for Government Fleets program to install electric vehicle charging infrastructure at City facilities.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with the California Energy Commission for the Charging Infrastructure for Government Fleets program to install electric vehicle charging infrastructure at City facilities.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - CEC Grant Agreement

5.7 Resolution adopting a list of projects for Fiscal Year 2025-26 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 and approving the use of Road Maintenance and Rehabilitation Account Funds.

Recommendation:

Staff recommends the City Council adopt a resolution approving a list of projects for FY 2025- 26 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 and approve the use of Road Maintenance and Rehabilitation Account Funds.

Staff Report
Livermore City Council Agenda June 9, 2025
5 Attachments:

1. Projects Map

2. Resolution

3. Exhibit A - SB1 Project List

5.8 Resolution authorizing execution of an agreement with COAR Design Group, in an amount not-to-exceed $1,768,921 and a term ending December 31, 2029, to provide design and construction support services for the Fire Station 6 Building Improvements project PS202215.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with COAR Design Group, in an amount not-to-exceed $1,768,921 and a term ending December 31, 2029, to provide design and construction support services for the Fire Station 6 Building Improvements project PS202215.

Staff Report
Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Agreement

5.9 Resolution authorizing an agreement with TJKM, in an amount not-to-exceed $362,000 and a term ending June 30, 2027, to develop plans, specifications, and estimates for the Transportation Safety Projects TC202529.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with TJKM, in an amount not-to-exceed $362,000, to develop plans, specifications, and estimates for the Transportation Safety Projects TC202529.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Agreement

5.10 Resolution authorizing delegation of authority to the City Manager to award a construction contract, in an amount not-to-exceed $2,700,000, for the Golf Course Damage Repair Project SD202132, FEMA PA-09-CA-4308-PW-00602.

Recommendation:

Staff recommends the City Council adopt a resolution:

1. Delegating authority to the City Manager to award a construction contract in a total amount not-to-exceed $2,700,000 for the Golf Course Damage Repair project SD202132, FEMA PA-09-CA-4308-PW-00602 in substantially similar form to the draft contract in Exhibit A of the Resolution subject to the City Attorney's approval to form of the final construction contract and Risk Management approval of insurance;

2. Execute any change orders or amendments which do not exceed the not-to-exceed Livermore City Council Agenda June 9, 2025
6 amount;

3. Reject all other bids; and

4. 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.

Staff Report
Attachments:

1. Site Map

2. Resolution

3. Exhibit A - Draft Construction Contract

5.11 Resolution approving an exception to the Livermore Municipal Code bidding requirements and authorizing sole sourcing of a specific Fonroche brand of streetlights equipment for the construction of Street Lighting, project TC201923.

Recommendation:

The City Engineer recommends the City Council adopt a resolution:

1. Authorizing sole sourcing the Fonroche Lighting America specific brand of equipment and instruments for the construction of Street Lighting, project TC201923;

2. Approving, per the recommendation of the City Engineer, an exception to the bidding requirement contained in the Livermore Municipal Code Section 2.68.550(C), because there is no competitive advantage to be gained by inviting bids and the City Engineer has determined that the supplies and equipment are unique and available from a sole source; and

3. Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution.

Staff Report
Attachments:

1. Location Map

2. Fonroche Light Assembly

3. Resolution

5.12 Resolution authorizing issuance of a purchase order to Lenco Industries, Inc. dba Lenco Armored Vehicles in the amount of $534,356 for one 2025 Lenco BearCat G3 4-Wheel Drive Armored Vehicle and authorizing a financial contingency in an amount not-to-exceed ten percent (10%).

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a purchase order to Lenco Industries, Inc. dba Lenco Armored Vehicles in the amount of $534,356 for one 2025 Lenco BearCat G3 4-Wheel Drive Armored Vehicle and authorize a financial contingency in an amount not-to-exceed ten percent (10%).

Staff Report
Attachments:

1. H-GAC Contract #AM10-23
Livermore City Council Agenda June 9, 2025
7 2. Lenco Industries, Inc. Quotation

3. Resolution

5.13 Resolution authorizing the issuance of a purchase order for the replacement P-25 radio equipment from Motorola Solutions for emergency radio communications through the East Bay Regional Communication System (EBRCSA).

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the issuance of a purchase order with Motorola Solutions in an amount not-to-exceed $1,448,055 for the purchase and delivery of P-25 radio equipment.

Staff Report
Attachments:

1. Motorola Quote

2. Resolution

3. Exhibit A - Executed - Motorola Solutions Agreement

5.14 Resolution authorizing the execution of the second amendment to an agreement with Flock Safety, Inc. for the License Plate Reader (LPR) camera expansion, increasing the amount notto-exceed $815,000.

Recommendation:

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the second amendment to an agreement with Flock Safety, Inc. for an additional 40 License Plate Reader (LPR) cameras and software subscription within the City of Livermore to replace the existing Motorola Vigilant LPR cameras in an amount not-to-exceed $815,000.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Flock Safety Amendment No. 2

5.15 Resolution authorizing the first amendment to Loan Agreement between the City of Livermore and Housing Consortium of the East Bay for the property located at 2346 Walnut Street.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager, or her designee, to execute the first amendment to the Loan Agreement with Housing Consortium of the East Bay for the property located at 2346 Walnut Street and all other related documents authorized and described in that agreement.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - First Amendment to Loan Agreement

5.16 Resolution authorizing the execution of a purchase order with Keep IT Simple (KIS) in an amount not-to-exceed $484,893 for hardware and software to upgrade City of Livermore's Livermore City Council Agenda June 9, 2025
8 virtualized environment.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the execution of the purchase order with Keep IT Simple (KIS) in an amount not-to-exceed of $484,893 to implement a robust and high-availability information technology infrastructure.

Staff Report
Attachments:

1. KIS Quotes

2. Resolution

5.17 Resolution approving Two-Year Operating Budget and Five-Year Capital Improvement Plan with appropriations for FY 2025-26 and FY 2026-27
Recommendation:

Staff recommends that City Council adopt a resolution approving the Two-Year Operating Budget and Five-Year Capital Improvement Plan with appropriations for FY 2025-26 and FY 2026-27.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Two-Year Budget for Fiscal Years 2025-26 and 2026-27

3. Exhibit B - Fiscal Year 2025-30 5-Year Capital Improvement Plan

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 Public Hearing to receive information regarding the City’s job vacancies, recruitment, and retention efforts in accordance with Assembly Bill 2561, and as required by Government Code section 3502.3.

Recommendation:

Staff recommends that the City Council receive the presentation only for information purposes during the public hearing at which staff will report on the City's job vacancies, recruitment, and retention efforts as required by AB 2561.

Staff Report

6.2 Hearing to approve the May 2025 Wastewater Cost of Service Study, review received objections and the City's responses to the objections, review and tabulate protests received in accordance with Proposition 218 to determine if a majority protest exists, consider proposed updated wastewater service charges, and approve a resolution adopting the updated charges if no majority exists.

Livermore City Council Agenda June 9, 2025
9 Recommendation:

Staff recommends the City Council conduct a public hearing to approve the May 2025 Wastewater Cost of Service Study, review the objections received and the City's responses to the objections, review and tabulate protests received in accordance with Proposition 218 to determine if a majority public protest exists, consider updated proposed wastewater service charges, as set forth in the May 2025 Wastewater Rate Study, and approve a resolution adopting the updated charges if no majority protest exists.

Staff Report
Attachments:

1. Public Hearing Notification - Wastewater Service Rates 2025

2. Wastewater Cost of Service Study March 2025

3. Memo - Proposition 218 Notice Mail Out Process

4. Written Objections Received

5. Staff Response to Written Objections

6. HF&H Study

7. CAPS Study

8. Resolution

9. Exhibit A - Wastewater Cost of Service Study - Revised May 2025

10. Exhibit B - Wastewater Rates 2025 through 2030

7. MATTERS FOR CONSIDERATION - NONE
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).

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS

9. ADJOURNMENT
To a Regular City Council meeting on Monday, June 23, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

10. 10.1

SUPPLEMENTAL MATERIALS
Supplemental materials received prior to the meeting.

Staff Report
Attachments:

1. Supplemental Materials

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

Open Forum is an opportunity for the public to speak regarding items not listed on the agenda. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of that Livermore City Council Agenda June 9, 2025
10 item. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda. However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.

Public Hearings - The topic of the hearing is typically summarized by staff, followed by a presentation by the applicant, and questions from the City Council. The Mayor will then open the hearing to the public and offer an opportunity for public comments. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of the presentation of the item.

Other Agenda Items are also open for public input including Consent Calendar or Matters for Consideration items. These comments are also subject to the 3-minute limit.

Special Meetings, Workshops - The public will have the opportunity to address the City Council regarding the item that is the subject of the special meeting or workshop. Public comments are limited to a maximum of 3 minutes per person.

Platforms to Participate in Meetings:

Submission of Comments Prior to the Meeting:

Email Comments may be submitted by the public to the City Clerk’s Office ([email protected]). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.
eComments may be submitted by the public using the eComment link here. Comments may be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.

Submission of Comments During the Meeting:

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

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

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

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

Livermore City Council Agenda June 9, 2025
11 The City Council Agenda and Agenda Reports are prepared by City staff and are available for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://LivermoreCA.gov/agenda.

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

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

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

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

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

Livermore City Council Agenda June 9, 2025
12 CITY COUNCIL STAFF REPORT ITEM NO. 3.1
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Anwan Baker, Library Director
SUBJECT: Presentation of the 2025 High School Senior Arts Awards.

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

SUMMARY

DISCUSSION

ATTACHMENTS
Prepared by: Allen McFarland
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
13 CITY COUNCIL STAFF REPORT ITEM NO. 3.2
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Anwan Baker, Library Director
SUBJECT: Livermore Youth Council Annual Update presented by Chair Greta Fick-Furlotte.

RECOMMENDED ACTION
Staff recommends the City Council accept the Livermore Youth Council annual update.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Annual Update
Prepared by: Nathan Brumley
Assistant Library Services Director
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
14 v
Livermore Youth Council
Annual Report
June 9th, 2025
Presentation by Chair Greta Fick-Furlotte
ATTACHMENT 1
15 Youth Council Overview
Staff Liaisons
• Nathan Brumley – City of Livermore
• Makenna Nation – LARPD
• Tracie Christmas – LVJUSD
Meetings: First Monday of the month, 7:00pm @ Robert Livermore Community Center
Membership: 2 years, 23 members (3 adult liaisons)
Roster: Vedika Chaudhari, Ashwin Gaur, Samaira Grover, Kashvi Jain, Tejas Jaura, Gabby Kleman, Shirley Liang, Addie McMichael, Matthew Parr, Angeline Roy, Isha Sahu, Diya Saraf, Charvi Saxena, Jessica Seburn, Anya Shajan, Myra Sharma, Sai Penugonda, Isabel Roy, VC Ally Grant, and Chair Greta Fick-Furlotte
ATTACHMENT 1
16 Duties and
Responsibilities
The Livermore Youth
Council (LYC)
provides Middle and
High School
students the
opportunity to
represent the
interests of City of
Livermore youth and
creates a forum for
ideas and concerns
where the needs of
Livermore youth can
be communicated to
the City Council,
Livermore Area
Recreation and Park
District (LARPD),
and Livermore Joint
Unified School
District (LVJUSD).
• Act as a liaison
between youth
and political
decision makers
• Complete LYC led
initiatives
• Promote programs
that serve local
students
• Promote
community service
and awareness
• Promote tolerance
and appreciation
of diversity
• Recruit new
members and
promote LYC
ATTACHMENT 1
17 2025 Projects
ATTACHMENT 1
18 2025 Projects
Pivoting!
ATTACHMENT 1
19 Collaborators
Civic Center Library – Teen Room
Architect Planning
LVJUSD Superintendent and
Assistant Superintendent Meeting
ATTACHMENT 1
20 Collaborators
Discussion with Jill Kirk
about LARPD recreational offerings
Livermore Mayor and Vice Mayor
Discussion
ATTACHMENT 1
21 What's
Next?
• Expanding events that we
have
• Joining Other Halloween Events
• Getting more community tables at
our events
• Middle school visits
• Talking to middle schoolers about
the transition into high school
• Turkey trot
• Mental health campaign
• Expanding on the fair, pushing out
the resources PDF
• Community service
• Create LYC officer position
ATTACHMENT 1
22 Thank you!
ATTACHMENT 1
23 CITY COUNCIL STAFF REPORT ITEM NO. 3.3
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Marianna A. Burch, City Manager
SUBJECT: Confirm Advisory Body appointments to the Commission for the Arts, Historic Preservation Commission, Library Board of Trustees, and the Livermore Housing Authority Board of Commissioners, and direct the City Clerk to administer the oath of office.

RECOMMENDED ACTION
The City Council Subcommittee on Advisory Bodies recommends the City Council confirm the advisory body appointments to the Commission for the Arts, Historic Preservation Commission, Library Board of Trustees, and the Livermore Housing Authority Board of Commissioners, and direct the City Clerk to administer the oath of office.

SUMMARY
On May 29, 2025, the City Council Subcommittee on Advisory Bodies interviewed applicants for vacancies on the Commission for the Arts, Historic Preservation Commission, Library Board of Trustees, and the Livermore Housing Authority Board of Commissioners, and have submitted their recommendation for City Council consideration and appointment.

DISCUSSION
On May 29, 2025, the City Council Subcommittee on Advisory Bodies interviewed applicants for vacancies on the Commission for the Arts, Historic Preservation Commission, Library Board of Trustees, and the Livermore Housing Authority Board of Commissioners, and recommends confirmation of the following appointments:

Commission for the Arts 1 Vacancy
Appointment to an unexpired term ending November 1, 2029 Tauheeda Babar
Historic Preservation Commission 1 Vacancy
24 Appointment to a regular term ending May 1, 2029
Shanavaz Nasarabadi
Library Board of Trustees 3 Vacancies
Appointment to an unexpired term ending June 1, 2026
Jason Hibono
Reappointment to regular term ending June 1, 2028
Lainie Pascall
Appointment to regular term ending June 1, 2028
Deborah Halford
Livermore Housing Authority 1 Vacancy
Appointment to an unexpired term ending January 1, 2028 Terry Buttchen
Upon the City Council’s confirmation of the appointments by motion, the City Clerk will administer the oath of office to new appointees.

FISCAL AND ADMINISTRATIVE IMPACTS
No material fiscal or administrative impacts result from confirmation of these appointments.

COMMUNITY PILLAR
5: A City That Works
GOAL
2: Engage effectively with the City's advisory bodies

ATTACHMENTS
Prepared by: Helena Graves
Deputy City Clerk
25 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
26 CITY COUNCIL STAFF REPORT ITEM NO. 3.4
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Presentation of Memorial Sign to the Family of Justin Thomas

RECOMMENDED ACTION
Staff recommends the family of Justin Thomas be presented with a Memorial Sign that will be placed on North Mines Road to honor his life that was lost on October 17, 2023. The sign will serve as an important reminder to the public for drivers to be alert and watch for motorcycles.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Memorial Sign
Prepared by: Deborah Davis
Executive Assistant
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
27 ATTACHMENT 1
28 CITY COUNCIL STAFF REPORT ITEM NO. 5.1
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Marianna A. Burch, City Manager
SUBJECT: Approval of draft minutes - April 28, 2025 Special Meeting and April 28, 2025 Regular Meeting.

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

SUMMARY

DISCUSSION

ATTACHMENTS

1. DRAFT 2025-04-28 Special

2. DRAFT 2025-04-28 Regular
Prepared by: Debbie Elam
City Clerk
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
29 APRIL 28, 2025 Minutes CM/75/1

MINUTES

CITY COUNCIL
APRIL 28, 2025
________________________________________________________________

SPECIAL MEETING

1. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 6:00 pm, held in person at 1016 S. Livermore Avenue.

2. ROLL CALL – Present: Mayor John Marchand, Vice Mayor Evan Branning, Council Members, Steven Dunbar, and Kristie Wang.

Absent: Council Member Ben Barrientos, excused.

3. SPECIAL MEETING ITEM

3.1 Discussion regarding City Council Norms, Values and Principles of Governance and the City Council Meeting Rules of Procedure to identify opportunities to strengthen the Council's ability to work together effectively and uphold shared values.

Recommendation: Staff recommended the City Council engage in a collaborative discussion regarding the City Council Norms, Values and Principles of Governance and the City Council Meeting Rules of Procedure to identify opportunities to strengthen the Council's ability to work together effectively and uphold shared values.

Mayor Marchand opened the public comment period.

Donna Cabanne provided a comment.

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

The City Manager, Marianna A. Burch and the City Attorney, Jason Alcala presented the staff report.

CITY COUNCIL PROVIDED THE FOLLOWING DIRECTION:

Changes Through the Documents

1. Correct typographical errors.

2. Staff was requested to review the documents for gender-specific pronouns and replace all with gender-neutral pronouns.

ATTACHMENT 1
30 CM/75/2 Minutes APRIL 28, 2025
Changes to Values, Norms and Principles of Governance

3. Place Values before Norms.

4. Define Values as “attributes the City Council holds as important,” and define Norms as “expectations that help the City Council achieve our Values.”

5. Establish an expectation that Values, Norms, Principles and Rules will be reviewed every two years.

Changes to Norms

6. Draft language regarding the expectation that Council Members follow the rule of law as well as Values, Norms, Principles and Rules of Procedure and act responsibly both on the City Council and in representing the City and who to respond when a Council Member fails to follow the Values, Norms, Principles or Rules.

7. Draft language regarding transparent communication noting the City Council strives to communicate the reasoning and limitations of its actions under the law.

Changes to Principles of Governance

8. Under “City Attorney Responsibility”, shorten the third sentence to “The City Attorney shall not take any action requested by an individual Council Member.”

9. Under “City-Advisory Body Relations”, specify an expectation that individual City Council Members should not be influencing Board and Commission Members, and should be discouraged from attending Board and Commission meetings or engaging in direct email or other communication over Cit business with Board and Commission members.

Changes to Rules

10.Section 6.1. (“Appointment of Vice Mayor…”): Clarify that the Mayor will provide the initial recommendation for the Vice Mayor to the City Council.

11.Section 10.8: Replace the current deadline for City Council Reports with "Per time specified by the Clerk."

12.Section 10.8: Add in details regarding Council Reports out and what is included in the minutes and what is not. the following: "Items listed in the written City Council Reports are not included in the meeting minutes, even if highlighted during the Council Member’s oral comments. These items are considered part of the official record via the supplemental packet. If a Council Member shares information during the meeting that is not included in their written report, that information will be captured in the meeting minutes."

13.Section 12.4: Explain “quasi-judicial” and “legislative”. Add an expectation for the City Council Members to clearly explain their findings during quasi judicial review.

14.Clarify when remote public comment will be allowed.

15.Section 19: Eliminate the entire section. Return to the City Council with a Policy on the City Officials’ Use of Social Media and Digital Communication.

Schedule a special workshop to conduct City Council training on the Policy.

ATTACHMENT 1
31 APRIL 28, 2025 Minutes CM/75/3
Separately, provide same training to all City of Livermore Board and Commission members.

ADJOURNMENT – at 6:57 pm to a Regular City Council Meeting on Monday, April 28, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S.

Livermore Avenue.

APPROVED: _______________________________________
JOHN P. MARCHAND, MAYOR
ATTEST:

DEBORAH L. ELAM, CITY CLERK
ATTACHMENT 1
32 APRIL 28 2025 Minutes CM/75/1

MINUTES

CITY COUNCIL
APRIL 28, 2025
________________________________________________________________

REGULAR MEETING

1. CLOSED SESSION - NONE

2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:03 pm, held in person at 1016 S. Livermore Avenue.

ROLL CALL – Present: Mayor John Marchand, Vice Mayor Evan Branning, Council Members Steven Dunbar and Kristie Wang.

Absent: Council Member Ben Barrientos, excused.

PLEDGE OF ALLEGIANCE

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation declaring May 4-10, 2025 Professional Municipal Clerks Week presented to Debbie Elam, City of Livermore, City Clerk.

Mayor Marchand presented a proclamation to Debbie Elam, City Clerk declaring May 4-10, 2025 as Professional Municipal Clerks Week.

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

Marti Sutton provided a comment.

John Bost provided a comment.

Carrie Oldes provided a comment.

Mary Hekal provided a comment.

Christine Beitsch-Bahmani provided a comment.

Christine Dillman provided a comment.

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

ATTACHMENT 2
33 CM/75/2 Minutes APRIL 28 2025

5. CONSENT CALENDAR
Mayor Marchand opened the public comment period.

Item 5.2 Alan Marling provided a comment.

Item 5.5 Susan Houghton provided a comment.

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

Mayor Marchand noted the Consent Calendar vote would need to be bifurcated due to Council Member Dunbar’s absence from the previous meeting.

ON THE MOTION OF VICE MAYOR BRANNING, SECONDED BY COUNCIL MEMBER WANG, AND CARRIED ON A 3-1-0 VOTE WITH COUNCIL MEMBER DUNBAR ABSTAINING DUE TO ABSENCE AT THE APRIL 14, 2025 MEETING,

AND COUNCIL MEMBER BARRIENTOS ABSENT, THE CITY COUNCIL
APPROVED CONSENT CALENDAR ITEM 5.1.

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

BARRIENTOS ABSENT, THE CITY COUNCIL APPROVED THE BALANCE OF THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 5.1.

5.1 Approval of draft minutes - April 14, 2025 Regular Meeting.

5.2 Introduce an ordinance designating the fire hazard severity zones within the jurisdiction of the City of Livermore as provided to the Livermore-Pleasanton Fire Department by the State Fire Marshal.

5.3 Resolution 2025-063 authorizing the execution of a first amendment to the Subdivision Improvement Agreement with Civic North Canyons Parkway LLC, for the Cava project at the northwest corner of North Canyons Parkway and Triad Place, Final Tract Map 8609.

5.4 Resolution 2025-064 accepting the recommendation of the Altamont Landfill Open Space Committee to authorize the City's grant funding request for the acquisition of the Collier Canyon Road property (83 +/- acres - APN: 903-10- 1).

5.5 Resolution 2025-065 authorizing the allocation and appropriation of Human Service Facility Fee, Affordable Housing In-Lieu, and Social Opportunity Endowment funds in the total amount of $1,078,500 for Fiscal Years 2025-27 and authorizing the execution of documents required to receive, use, and distribute funds.

5.6 Resolution 2025-066 adding Water Reclamation Plant (WRP) Recycled Water Fill Station Project 202527 to the 2023-2028 Capital Improvement Plan, and ATTACHMENT 2
34 APRIL 28 2025 Minutes CM/75/3
authorizing allocations of $10,000 of Wastewater Replacement Funds and $30,000 of Department of Water Resources (DWR) Drought Relief Grant Funds in Fiscal Year 2024-25.

5.7 Resolution 2025-067 approving the Memorandum of Understanding between the City of Livermore and the Livermore Police Officers Association.

5.8 Resolution 2025-068 amending the City of Livermore Salary Plan dated May 2025 to incorporate wage related adjustments associated with the approval of the Livermore Police Officers Association Memorandum of Understanding as approved by City Council.

6. PUBLIC HEARINGS – NONE

7. MATTERS FOR CONSIDERATION

7.1 Comprehensive General Plan Update – Discussion on General Plan Policy Topics
Recommendation: Staff recommended the City Council:

1. Receive an overview of the General Plan Elements;

2. Consider General Plan Advisory Committee (GPAC) and Planning Commission feedback on policy options for the Draft General Plan 2045; and

3. Recommend policy updates to include in the Draft General Plan 2045.

Andy Ross, Principal Planner, presented the staff report.

Mayor Marchand opened the public comment period.

Alan Marling provided a comment.

Sblend Sblendorio provided a comment.

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

THE CITY COUNCIL RECEIVED THE UPDATE AND PROVIDED THE
FOLLOWING DIRECTION:

1. Improve coordination with Livermore Amador Valley Transit Authority (LAVTA) and Altamont Commuter Express (ACE).

2. Consider how to support new and existing businesses.

3. Review the scenic corridor policy to ensure alignment with city goals.

4. Move bike sharing to a separate project from the General Plan.

5. Consider walking, biking, bus, and transit north south corridors as a priority.

6. Support for Valley Link.

ATTACHMENT 2
35 CM/75/4 Minutes APRIL 28 2025

7. Consider a policy regarding edible and pollinator plants and installing small gardens on city properties.

8. Consider regulations to avoid scooter blight and work with the Livermore Valley Joint Unified School District to educate students on ebikes.

9. Consider a policy for opportunities to engage with the city and regarding mobility for teenagers.

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

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

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

City Council directed staff to draft a letter to State Senators and Assembly Members regarding Senate Bill (SB) 79.

City Council directed staff to put an item on the next agenda to fly the Pride Flag for Pride Month in June.

City Council directed staff to find sustainable general fund opportunities in the budget which can be used toward local non-profits during the upcoming budget workshop.

9. ADJOURNMENT – at 8:33 pm in memory of Robert Tayor of Retzlaff Vineyards to a Regular City Council Meeting on Monday, May 12, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

APPROVED:

JOHN P. MARCHAND, MAYOR
ATTEST: ___
DEBORAH L. ELAM, CITY CLERK
ATTACHMENT 2
36 CITY COUNCIL STAFF REPORT ITEM NO. 5.2
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Marianna A. Burch, City Manager
SUBJECT: Approval of draft minutes - May 12, 2025 Regular Meeting.

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

SUMMARY

DISCUSSION

ATTACHMENTS

1. DRAFT 2025-05-12
Prepared by: Debbie Elam
City Clerk
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
37 MAY 12, 2025 Minutes CM/75/1

MINUTES

CITY COUNCIL
MAY 12, 2025
________________________________________________________________

REGULAR MEETING

1. CLOSED SESSION - IMMEDIATELY FOLLOWING ITEM 8. COUNCIL

COMMITTEE REPORTS AND MATTERS INITIATED

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

ROLL CALL – Present: Mayor John Marchand, Vice Mayor Evan Branning, Council Members Ben Barrientos, Steven Dunbar, and Kristie Wang.

PLEDGE OF ALLEGIANCE

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation declaring May 18-24, 2025 as Public Works Week in the City of Livermore, presented to Judy Erlandson, Acting City of Livermore Public Works Director.

Mayor Marchand presented a proclamation to Judy Erlandson, Acting City of Livermore Public Works Director declaring May 18-24, 2025 as Public Works Week in the City of Livermore.

3.2 Proclamation declaring June 2025 as Safety Awareness Month presented to Jas Sidhu, City of Livermore Risk Manager.

Mayor Marchand presented a proclamation to Jas Sidhu, City of Livermore Risk Manager declaring June 2025 as Safety Awareness Month.

3.3 2025 Little League Intermediate World Series Tournament draw for games.

Kathleen Minser, Marketing and Media Director, and Bill Aboumrad, Tournament Director gave a brief presentation.

City Council Members drew balls to draw for games.

Drawing results: Latin America, Central, East, South-East, Mexico, Canada, Europe Africa, D57, Southwest, the West, Australia, Asia Pacific.

ATTACHMENT 1
38 CM/75/2 Minutes MAY 12, 2025

3.4 ** This item was added to the agenda by the Mayor in accordance with the City Council Rules of Procedure** Proclamation declaring May as Jewish American Heritage Month presented to Beth Wilson and Debbie Behlendorf.

Mayor Marchand presented a proclamation to Beth Wilson and Debbie Behlendorf, board members of Congregation Beth Emek declaring May as Jewish American Heritage month.

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

Greg Scott provided a comment.

Craig Younger provided a comment.

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

5. CONSENT CALENDAR
Mayor Marchand opened the public comment period.

Item 5.9 Alan Marling provided a comment.

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

ON THE MOTION OF COUNCIL MEMBER BARRIENTOS, SECONDED BY COUNCIL MEMBER WANG AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

5.1 Approval of draft minutes - April 21, 2025 Special Meeting

5.2 Adoption of Ordinance 2173 designating the fire hazard severity zones within the jurisdiction of the City of Livermore as provided to the LivermorePleasanton Fire Department by the State Fire Marshal.

5.3 Resolution 2025-069 approving Final Parcel Map 11473, authorizing execution of a Subdivision Improvement Agreement for the Parkview Development located north of Portola Avenue across from Rincon Avenue, and accepting on behalf of the public all real property offered for dedication within Final Parcel Map 11473 except for certain easements which City Council reserves the right to accept at a future date.

5.4 Resolution 2025-070 accepting public improvements constructed by Livermore Multifamily Owner, LLC pursuant to the subdivision improvement agreement for Parcel Map 10757, located at the northwest corner of First Street and L Street, for permanent maintenance and authorizing release of security and ATTACHMENT 1
39 MAY 12, 2025 Minutes CM/75/3
accepting offers of dedication of First Street, sidewalk easements, storm drain easements, and pedestrian access easements.

5.5 Resolution 2025-071 directing the City Engineer to file the Annual Engineer's Reports for the City’s Landscape Maintenance Districts; and Resolution 2025-072 of Intention to levy annual assessments for the Landscape Maintenance Districts for Fiscal Year 2025-26, preliminarily approve the Annual Engineer's Reports, and establish a Public Hearing date for the annual levy of assessments.

5.6 Resolution 2025-073 authorizing the execution of an agreement with the East Bay Society for the Prevention of Cruelty to Animals (SPCA) for Animal Welfare Shelter services for the term July 1, 2025 through June 30, 2028 in an amount not-to-exceed $1,287,870.

5.7 Resolution 2025-074 authorizing the Livermore-Pleasanton Fire Department Joint Powers Authority to join Bay Cities Joint Powers Insurance Authority.

5.8 Resolution 2025-075 authorizing the execution of a blanket purchase order for the Livermore-Pleasanton Fire Department Joint Powers Authority with L.N.

Curtis & Sons for the purchase of materials and supplies in support of daily operations and fire academy operations in an amount not-to exceed $400,000.

5.9 Resolution 2025-076 authorizing the display of the Philadelphia rainbow pride flag for the month of June 2025.

6. PUBLIC HEARINGS

6.1 Hearing to consider a resolution authorizing Livermore Sanitation, Inc.’s rates for solid waste, recyclable materials, and compostable materials services, pursuant to the Third Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc., for Solid Waste, Recyclable Materials, and Compostable Materials Services and to amend Exhibit H to the Franchise Agreement to reflect the authorized decrease of 8.67% to rates.

Recommendation: Staff recommended the City Council hold a public hearing and adopt a resolution authorizing Livermore Sanitation, Inc.’s rates for solid waste, recyclable materials, and compostable materials services, pursuant to the Third Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials, and Compostable Materials Services, and to amend Exhibit H to the agreement to reflect the authorized decrease of 8.67% to rates.

Judy Erlandson, Acting City of Livermore Public Works Director presented the staff report.

ATTACHMENT 1
40 CM/75/4 Minutes MAY 12, 2025
Mayor Marchand opened the public hearing.

There were no speakers, and the hearing was closed.

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

Resolution 2025-077 authorizing Livermore Sanitation, Inc.’s rates for solid waste, recyclable materials, and compostable materials services, pursuant to the Third Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc., for Solid Waste, Recyclable Materials, and Compostable Materials Services and to amend Exhibit H to the Franchise Agreement to reflect the authorized decrease of 8.67% to rates.

6.2 Hearing to consider a resolution requesting an Isabel Neighborhood Specific Plan Amendment 24-003 changing the land use at 3011, 3055, and 3077 Triad Place from Business Park to Residential Transition (15-25 dwelling units per acre) and introduce an ordinance authorizing Development Agreement 24-002 to vest approximately 450± multifamily units in a variety of building types, establish terms and timing of Social Opportunity Endowment and Community Benefit Fund contributions, alternatives to inclusionary affordable housing requirements, and the construction of off-site Class IV bike lane improvements along North Canyons Parkway.

Recommendation: Planning Commission and staff recommended the City Council Planning Commission and staff recommend the City Council:

1. Adopt a resolution finding the project is covered by the previously approved 2024 Isabel Crossings Addendum and that none of the events under the California Environmental Quality Act (CEQA) Guidelines section 15162 have occurred and no subsequent Environmental Impact Report (EIR) is required; finding that none of the requirements under CEQA Guidelines section 15164 have occurred and no addendum to the Isabel Neighborhood Specific Plan (INSP) EIR is required; and directing the Planning Manager to file a Notice of Determination, in accordance with the provisions of the California Environmental Quality Act (CEQA), subject to project approval; and

2. Adopt a resolution approving Specific Plan Amendment (SPPA) 24-003; and

3. Introduce an ordinance, and waive the first reading, approving Development Agreement (DA) 24-002.

Sukhamrit Purewal, Associate Planner presented the staff report.

David Balducci, Managing Partner and Dev Mukherjee, Director of Acquisitions, Align Real Estate made brief comments.

ATTACHMENT 1
41 MAY 12, 2025 Minutes CM/75/5
Mayor Marchand opened the public hearing.

Brian Worner provided a comment.

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

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

ADOPTED THE FOLLOWING RESOLUTIONS AND INTRODUCED THE
FOLLOWING ORDINANCE:

Resolution 2025-078 finding the project is covered by the previously approved 2024 Isabel Crossings Addendum and that none of the events under the California Environmental Quality Act (CEQA) Guidelines section 15162 have occurred and no subsequent Environmental Impact Report (EIR) is required; finding that none of the requirements under CEQA Guidelines section 15164 have occurred and no addendum to the Isabel Neighborhood Specific Plan (INSP) EIR is required; and directing the Planning Manager to file a Notice of Determination, in accordance with the provisions of the California Environmental Quality Act (CEQA), subject to project approval; and
Resolution 2025-079 approving Specific Plan Amendment (SPPA) 24-003 amending the Isabel Neighborhood Specific Plan’s Land Use Map from Business Park to Residential Transition; and
Ordinance introduced approving Development Agreement (DA) 24-002 with 3055 Livermore Owner LLC, for the Triad Place Redevelopment Project, that would vest development rights for 15 years and secure a range of community benefits for the City of Livermore.

7. MATTERS FOR CONSIDERATION - NONE

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

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

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

Motorcycle and Bicycle Safety Month Council Member Dunbar noted May is Motorcycle and Bike Safety Month and reminded all to be safe and mindful of others, that the bigger and faster mode of transportation being used, the more potential to harm others.

Bike East Bay Council Member Dunbar announced the upcoming Bike to Wherever Day 2025 on May 15, 2025.

ATTACHMENT 1
42 CM/75/6 Minutes MAY 12, 2025
Open Heart Food Bank Council Member Wang announced an upcoming open house event on May 16, 2025.

Livermore Downtown Inc. Council Member Wang and Vice Mayor Branning announced the upcoming Livermore Street Fest May 17-18, 2025.

Mayor Marchand announced a memorial sign to be installed in commemoration of Justin Thomas and in support of Motorcycle Safety Awareness month at the end of May, located at North Mines Road and Shirley Way; stated the sign will read: “Look twice save a life – In memory of Justin Thomas.”
________________________________________________________________

CLOSED SESSION
ROLL CALL – Present: Mayor John Marchand, Vice Mayor Evan Branning, Council Members Ben Barrientos, Steven Dunbar, and Kristie Wang.

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

Mayor Marchand opened the public comment period.

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

9. ADJOURN TO CLOSED SESSION

9.1 Public Employee Performance Evaluation. City Attorney Goal Setting for 2024-25 and 20252026, pursuant to Government Code section 54957.

REPORT OF ACTION TAKEN IN CLOSED SESSION
City Attorney Jason Alcala stated there was no reportable action.

10. ADJOURNMENT – at 9:02 pm in honor of Ruth Gaston to a Special City Council Workshop meeting on Monday, May 19, 2025 at 5:00 pm, and a Regular City Council meeting on June 9, 2025 at 7:00 pm in the Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

APPROVED:

JOHN P. MARCHAND, MAYOR
ATTACHMENT 1
43 MAY 12, 2025 Minutes CM/75/7
ATTEST: ___
DEBORAH L. ELAM, CITY CLERK
ATTACHMENT 1
44 CITY COUNCIL STAFF REPORT ITEM NO. 5.3
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Marianna A. Burch, City Manager
SUBJECT: Approval of draft minutes - May 19, 2025 Special Meeting.

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

SUMMARY

DISCUSSION

ATTACHMENTS

1. DRAFT 2025-05-19 Special Workshop
Prepared by: Debbie Elam
City Clerk
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
45 MAY 19, 2025 Minutes CM/75/1

MINUTES

CITY COUNCIL
MAY 19, 2025
________________________________________________________________

SPECIAL MEETING

1. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 5:01 pm, held in person at 1016 S. Livermore Avenue.

2. ROLL CALL – Present: Mayor John Marchand, Council Members Steven Dunbar and Kristie Wang.

Absent: Vice Mayor Evan Branning absent excused and Council Member Ben Barrientos.

Council Member Ben Barrientos arrived at 5:02 pm.

3. SPECIAL MEETING WORKSHOP ITEM

3.1 National Community Survey Results and Proposed Fiscal Year 2025- 27 Operating and Capital Improvement Plan Budgets
Recommendation: Staff recommended the City Council receive presentation of, and ask any clarifying questions regarding, the National Community 2025 Survey Results and the Proposed Fiscal Year 2025-27 Operating and Capital Improvement Plan Budgets.

Stephanie Egidio, Assistant to the City Manager, Tina Olsen, Administrative Services Director, and Joel Waxdeck, City Engineer presented the staff report.

Mayor Marchand opened the public comment period.

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

THE CITY COUNCIL RECEIVED THE PRESENTATION.

4. ADJOURNMENT – at 5:42 pm to a Regular City Council Meeting on Monday, June 9, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

ATTACHMENT 1
46 CM/75/2 Minutes MAY 19, 2025
APPROVED:

JOHN P. MARCHAND, MAYOR
ATTEST: ___
DEBORAH L. ELAM, CITY CLERK
ATTACHMENT 1
47 CITY COUNCIL STAFF REPORT ITEM NO. 5.4
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Adoption of an ordinance approving Development Agreement (DA) 24-002 for the Triad Place project.

RECOMMENDED ACTION
Planning Commission and staff recommend the City Council adopt an ordinance approving Development Agreement (DA) 24-002 with 3055 Livermore Owner LLC, for the Triad Place project, that would vest development rights for 15 years, allow future development of approximately 450± multifamily units in a variety of building types, establish terms and timing of Social Opportunity Endowment and Community Benefit Fund contributions, alternatives to inclusionary affordable housing requirements, and the construction of off-site Class IV bike lane improvements along North Canyons Parkway.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Ordinance

2. Exhibit A - PC Resolution - Development Agreement

3. Exhibit B - Development Agreement
Prepared by: Kam Purewal
Associate Planner
48 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
49 1 ORDINANCE NO. _______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT (DA) 24-002 WITH 3055 LIVERMORE OWNER, LLC, FOR THE TRIAD PLACE REDEVELOPMENT PROJECT, THAT WOULD VEST DEVELOPMENT RIGHTS FOR 15 YEARS AND

SECURE A RANGE OF COMMUNITY BENEFITS FOR THE CITY OF LIVERMORE CA 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 June 10, 2024, the City Council authorized staff to begin Development Agreement (“Agreement”) negotiations with 3055 Livermore Owner, LLC, (“Applicant”).

On July 23, 2024, the City received an application from the Applicant to redevelop the approximately 27-acre existing office complex located in the Isabel Neighborhood at 3011, 3055 and 3077 Triad Place (“Project site”) with a multifamily residential development project. The applicant proposes to amend the Isabel Neighborhood Specific Plan to rezone the site to Residential Transition (SPPA 24-003), which allows 15-25 dwelling units per acre, and enter into a Development Agreement (24-002), for the purpose of developing 450± residential units in a variety of building types (“Project”).

On April 1, 2025, at a duly noticed public hearing, the Planning Commission considered the Project, heard public testimony, made the necessary findings, and adopted Planning Commission resolution No. 14-25, attached hereto as Exhibit A, recommending the City Council approve the Project.

On May 12, 2025, the City Council held a duly noticed public hearing to consider the Project, Planning Commission and staff recommendations, all public comments and testimony, and findings.

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 24-002 and entitled “Development Agreement (DA) 24-002 for the “Triad Place Redevelopment 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 April 1, 2025, to consider adoption of an ordinance approving the Development Agreement and by its Resolution No. 14-25, attached hereto as Exhibit A, recommended that the City Council adopt the ordinance and approve the Development Agreement.
50 2 ORDINANCE NO. _______
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.[_________] determining the proposed Specific Plan Amendment and Development Agreement are not required to undergo an additional environmental review since none of the requirements under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15162 and 15164 have occurred (substantial changes, major revisions of the previous EIR, or new information). The land use change was anticipated in a previously approved Isabel Crossing Project Addendum to the Isabel Neighborhood Specific Plan Environmental Impact Report (State Clearinghouse #2016042039), which evaluated the land use changes for the project site finding that no significant impacts beyond those previously identified in the EIR would occur, consistent with the California Environmental Quality Act.

Section 5. Consistency. Development Agreement 24-002 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. 14-25, 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 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.

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.
51 3 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 May 12, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The ordinance was adopted at the regular meeting of the City Council held on June 9, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
City Clerk Assistant City Attorney
Exhibit A – Planning Commission Resolution 14-25
Exhibit B – Development Agreement
52 EXHIBIT A
53 EXHIBIT A
54 EXHIBIT A
55 EXHIBIT A
56 EXHIBIT A
57 Development Agreement for Triad Place – 3055 Livermore Owner, LLC

DEVELOPMENT AGREEMENT (DA24-002) TRIAD PLACE DEVELOPMENT

PROJECT IN THE ISABEL NEIGBORHOOD SPECIFIC PLAN AREA
(ENTITLEMENTS)
This Development Agreement is entered into on , 2025, between the City of Livermore, a municipal corporation (City) and 3055 Livermore Owner, LLC, (Developer) regarding the Triad Place Development Project (Project).

RECITALS
This Development Agreement is based on the following facts:

A. The City is authorized by California Government Code section 65864 et seq. (“Development Agreement Statutes”) and Livermore Development Code Chapter 9.04 to execute development agreements in order to vest certain rights for the Developer, and to meet certain public purposes of the local government, as set forth in those laws.

B. At the time of the execution of this Development Agreement (Agreement), Developer is the owner of approximately 26.8 acres of real property located at 3011, 3055, and 3077 Triad Place, currently comprised of office buildings, parking areas, and related ancillary facilities, north of North Canyons Parkway, described more specifically in Exhibit A, attached hereto, and Recital D of this Agreement (“Property”).

C. The Developer represents and warrants the following to the City, and City has relied upon such representations for this Agreement, as of the Effective Date as defined in section 3 of this Agreement:
(1) Organization. The Developer is a Limited Liability Company duly organized, validly existing and in good standing under the laws of the State of Delaware, and qualified to do business in California, with full power and authority to conduct its business as presently conducted and to execute, deliver, and perform its obligations under this Agreement. (2) Authorization. The Developer has taken all necessary action to authorize its execution, delivery and, subject to any conditions set forth in this Agreement, performance of the Agreement.

Upon the Effective Date of this Agreement, this Agreement shall constitute a legal, valid, and binding obligation of the Developer, enforceable against the Developer in accordance with its terms.

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City Clerk
City of Livermore
1052 S. Livermore Avenue
Livermore, CA 94550

EXHIBIT B
58 Development Agreement for Triad Place – 3055 Livermore Owner, LLC

(3) No Conflict. The execution, delivery and performance of this Agreement by the Developer does not and will not conflict with, or constitute a violation or breach of, or constitute a default under (i) the charter or incorporation documents of Developer, (ii) any applicable law, rule or regulation binding upon or applicable to the Developer, or (iii) any material agreements to which the Developer is a party.

D. The Property is comprised of three parcels of land identified as:

1. Assessor’s Parcel Number 905-10-25, owned by 3055 Livermore Owner LLC

2. Assessor’s Parcel Number 905-10-26, owned by 3055 Livermore Owner LLC

3. Assessor’s Parcel Number 905-10-27, owned by 3055 Livermore Owner LLC The Property is located within the Isabel Neighborhood Specific Plan (“INSP”). The INSP establishes the regulatory framework guiding private and public development and redevelopment within the Isabel Neighborhood planning area until 2040. The INSP planning area covers 1,138 acres that are located in the northwest part of the City. The objectives of the INSP include: create a safe, vibrant, complete neighborhood that includes amenities for residents, workers, and students; ensure new development that is compatible with existing development and community character; and support transit ridership and citywide goals for increased transportation options, housing choices, and economic vitality.

The Property is identified as subarea 1d within the INSP. Subarea 1d is planned by the INSP for Business Park designation. As part of the Project the Developer proposes to amend the Isabel Neighborhood Specific Plan to establish a Transition Land Use Designation for the purpose of redeveloping the Property with approximately 450 residential units in a variety of building types (as further described in Exhibit B: Project Description and Concept Plan, attached hereto).

E. The Developer has submitted an application to the City of Livermore for a Development Agreement (DA24-002) and Specific Plan Amendment (SPPA24-003), as required under the Livermore Development Code to be vested in accordance with the Agreement subject to their conditions of approval.

F. The Developer acknowledges that development of the site subject to the terms of this Agreement will require Subsequent Approvals by the City of Livermore (“Subsequent Approvals”), which shall include:

1. Subdivision of land through a Tentative Tract Map; and

2. Site Plan Design Review to demonstrate compliance with applicable development and design standards
The Parties recognize the difficulty of predicting the precise timing and sequencing of all Project development but also recognize the importance of ensuring that key Project elements are delivered in a sequence that meets the needs of the City and the public. The intent of the Parties is to ensure the Project proceeds with reasonable diligence while providing the necessary flexibility for the Developer to respond to economic conditions and development opportunities, engage with future partners, lenders and builders, and go through the permitting process for the full buildout in

EXHIBIT B
59 Development Agreement for Triad Place – 3055 Livermore Owner, LLC

a feasible, commercially reasonable manner. To achieve these purposes, this Agreement establishes certain parameters that ensure that key Project elements including infrastructure, commercial uses, parks, and affordable housing units are delivered in an orderly and logical manner, while also providing the Developer sufficient flexibility to respond to market conditions and development opportunities to ensure the successful buildout of the Project as a whole.

NOW, THEREFORE, the City and Developer hereby agree that the aforementioned recitals are true and correct and are incorporated by reference as fully set forth below, and further agree as follows:

1. The Property. The Property, which is the subject of this Agreement, is described in Recitals B and D above and Exhibit A, attached hereto.

2. The Project. (a) The Developer is authorized to develop and use the Property for 450 attached multi-family homes (with flexibility of adding up to 15% of the total to 518 dwelling units or subtracting up to 10% of the total to a minimum of 405 dwelling units), common open space, stormwater treatment areas, private roads, and related improvements, in conformance with the terms and conditions of Specific Plan Amendment (SPPA) 24-003, Subsequent Approvals, and this Development Agreement (DA) 24-002, approved by the City Council on , 2025. The Specific Plan Amendment and Development Agreement contain the required terms regarding the permitted uses of the property, the intensity of use, and provisions for funding contributions for public purposes. (Government Code section 65865.2.)

3. Effective Date; Term. The effective date of this Agreement is the later of (a) thirty (30) days after the date the Ordinance approving this Agreement is adopted by the City Council, or (b) if a referendum petition is timely and duly circulated and filed, the date the election results on the ballot measure by City voters approving this Agreement are certified by the City Council in the manner provided by the Elections Code. This Agreement shall be executed by the City within ten (10) days after the effective date and recorded as provided in Government Code Section 65868.5

4. Term. The duration of this Agreement is fifteen (15) years, commencing on the Effective Date, and terminating on its anniversary date fifteen (15) years later (“Term”). The term may be amended or extended consistent with the Development Agreement Statutes and the Livermore Development Code by the written consent of the Parties.

5. Developer Obligations. The Project is phased development of 450 residential units: (total unit count subject to change based on Subsequent Approvals with flexibility of adding up to 15% of the total to 518 dwelling units or subtracting up to 10% of the total to a minimum of 405 dwelling units). The Developer shall:
a) Comply with Livermore’s affordable housing ordinance, through a separate Affordable Housing Agreement that may include a combination of approaches as described below subject of approval by both parties:
(1) On-site. 15% of the Project’s for-sale units will be affordable to AMI levels as per Livermore Development Code Affordable Housing Ordinance (Section 10.06.050). (2) Affordable Housing Fee. Payment of the affordable housing fee for residential development as currently established in Municipal Code (Section 3.26.050).

EXHIBIT B
60 Development Agreement for Triad Place – 3055 Livermore Owner, LLC

b) Limit the project design to the design menu of product types as further described in Exhibit B, attached hereto, consistent with the ISNP and subject to Subsequent Approvals and conditions of approvals.
c) Submit for Subsequent Approvals, subject to the following Performance Schedule:
i. Developer shall submit for Subsequent Approvals within two (2) years of execution of this agreement. If Developer fails to submit in the required timeframe, the City has the authority to amend the Specific Plan from the Transition Residential land use designation to the land use designation identified in the Specific Plan as of 2020, unless otherwise agreed to in writing by the parties. If unforeseen circumstances arise, the City Manager is authorized to extend the performance schedule for up to 12 additional months, for the submittal of the Subsequent Approvals.
ii. Once Development Project is fully entitled, consistent with the terms of this Agreement, the project shall be vested for the remaining duration of this Agreement. d) Construct off-site Active Transportation and Street Improvements as follows:
i. Developer shall be responsible for off-site improvements deemed necessary to accommodate/facilitate the change of use as identified in the conditions of approval for Subsequent Approvals, including but not limited to traffic signal modifications and roadway improvements.
ii. Class IV bike lanes: Developer shall construct Class 4 bike lane facilities as defined below (and further illustrated in Exhibit C):
a) Southside of North Canyons Parkway (eastbound) between Independence Drive on the west and Collier Canyon Road on the east
b) Northside of North Canyons Parkway (westbound) between Independence Drive on the west and the current class 4 bike lane terminus. c) Schedule:

1. At time of entitlement, developer shall include preliminary drawings of off-site improvements

2. At time of final map submittal, developer shall include off-site improvement plans

3. Prior to construction and at issuance of the building permit, developer shall have completed construction of off-site improvements
e) Make a minimum Funding Contribution (Funding Contribution) of $4,202,000 to the City of Livermore, which the City shall commit to the Social Opportunity Endowment (SOE) and Community Benefit Funds, as follows:
a) Within 180 days of Execution of this Agreement, Developer shall pay $202,000 to City of Livermore to be committed to the Social Opportunity Endowment Fund (via wire transfer or check).
b) Prior to issuance of each residential building permit, the Developer shall pay a minimum of $11,000 per unit (excluding housing units dedicated to on-site affordable housing or units on which affordable housing in-lieu fee is paid). The total number of units will be determined at the time of

EXHIBIT B
61 Development Agreement for Triad Place – 3055 Livermore Owner, LLC

Subsequent Approvals. The unit fee will be adjusted in the event the total project results in less than 450 residential units. In no case will the total Funding Contribution be less than $4,202,000.
f) Vested Development Rights. Subject to this Agreement and during the life of this Agreement, the Property Owner has the right to develop and use the Property in accordance with:
i. The Livermore General Plan, the Livermore Development Code, and the Isabel Neighborhood Specific Plan in effect on the Effective Date. ii. All other City policies, ordinances, resolutions, rules, regulations and standards applicable to development or use of the Property on the Effective Date, except that Developer shall:
(1) Pay the processing and development impact fees in effect at the time those fees are paid.
(2) Comply with Building Code requirements in effect on a city-wide basis at the time each respective building permit is pulled.
(3) Comply with City construction and technical design standards, details, and specifications for public improvements which are applicable at the time of Final Map approval.
(4) Comply with changes in City laws, regulations, plans or policies applicable city-wide, the terms of which are found by the City Council, based on substantial evidence, to be necessary to protect members of the public from a condition dangerous to their health or safety.
(5) Comply with a change in City law, regulations, plans or policies which is:
(a) Specifically mandated by state or federal law, or by any regional governmental agency that has legal authority over the City under state law or a joint powers agreement; or
(b) A result of or in response to state or federal law, or regional agency action, made necessary in order for the City to avoid losing or not receiving substantial funding or other substantial public benefits or facilities that would be available to the City only if it makes such a change; or (c) Specifically mandated by, or necessary for compliance with or implementation of, the terms of any permit, entitlement or other authorization necessary for the development of the Property issued or granted to the City, County and/or Property Owner by any federal, state or regional agency.
6) Following any subsequent environmental review, comply with required mitigation measures.
iii. All subsequent Project approvals which are consistent with this Agreement.

6. City Obligations.
a. The City agrees to all the terms, conditions, and covenants in connection with the Project that are set forth in the conditions of approval for the Entitlements as well as the Subsequent Project Approvals.

EXHIBIT B
62 Development Agreement for Triad Place – 3055 Livermore Owner, LLC

b. The City has conducted environmental review of the Project and has certified an Environmental Impact Report (“EIR”) for the Isabel Neighborhood Specific Plan, a Supplemental Environmental Impact Report for the Isabel Neighborhood Specific Plan, and an Addendum that fully analyze the potential environmental impacts of the Triad Place Development Project consistent with the requirements of CEQA. The City intends that future discretionary approvals for the Project, to the fullest extent permitted by law, shall be subject to CEQA’s subsequent review provisions under Public Resources Code, Section 21166 and CEQA Guidelines, Sections 15162 and 15164, whereby any additional environmental review for such future discretionary approvals shall only be required where “major revisions” to the prior EIRs for the Project are required, as defined by CEQA.

7. Annual Review. Review of the Agreement shall be made annually, consistent with Government Code section 65865.1 and Livermore Development Code Chapter 9.04. If, as a result of an annual review, the City finds and determines, on the basis of substantial evidence, that the Developer or successor in interest thereto has not complied in good faith with the terms or conditions of this Agreement, then the City may amend or terminate this Agreement. a. No later than sixty (60) days before the yearly anniversary of the Effective Date, Developer shall submit to the City’s Community Development Director (“Director”), in a form which the Director may reasonably establish, information demonstrating Developer’s compliance with this Agreement. The failure of the Developer to timely submit this document shall be a curable breach.
b. In the event the Director makes a finding and determination of non-compliance, Developer shall be entitled to appeal that determination to the Planning Commission in the manner prescribed by Livermore Development Code Section 9.15.

8. Amendments. This Agreement may be amended by the parties consistent with the procedures set forth in Chapter 9.04 of the Livermore Development Code, including any amendments to it.

9. Remedies for Default. If a party is in default under this Agreement, it may pursue one or more of the following courses of action, after 30 days’ written notice to the other party: (a) waive the default; (b) in the City’s case, pursue administrative remedies including denial or otherwise withholding issuance of building permits, certificates of occupancy or other approvals; (c) pursue judicial remedies; or (d) terminate this Agreement.

10. No Damages Relief Against City. The parties acknowledge that the City would not have entered into this Agreement had it been exposed to damage claims from Developer for any breach thereof. As such, the parties agree that in no event shall Developer be entitled to recover damages against City for breach of this Agreement.

11. Recordation; Binding Effect. This Agreement shall be recorded in the office of the County Recorder and shall be binding upon and inure to the benefit of successors in interest to the parties.

Where there is more than one Property Owner, the obligations are joint and several.

EXHIBIT B
63 Development Agreement for Triad Place – 3055 Livermore Owner, LLC

12. Legal Action; Attorney’s Fees. If the City chooses to defend any third party claim or suit challenging any action taken by the City with regard to any procedure or aspect of the City’s approval of the development of the Project, including the environmental review process, the Property Owner agrees to reimburse the City for attorney’s fees, expert witness fees, and related costs as the City may incur in connection with its retention of outside counsel, and for any award of court costs or fees against the City. City has the right to choose and retain such legal counsel as the City deems appropriate. After expenses reach $100,000, and each $100,000 thereafter, the parties will confer to review the status of the litigation and their options for proceeding or settling, and they will negotiate in good faith about how the expenses will be allocated. The Property Owner shall have no obligation to reimburse City for costs incurred after the date on which they give City written notice of their decision to settle a case, even if City does not agree to the settlement.

If legal action is brought by one of the parties to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorney’s fees, expert witness fees, and court costs.

13. Notices. The address of each party for the purpose of all notices permitted or required by this Agreement follows:

To City: City of Livermore
1052 South Livermore Avenue
Livermore, CA 94550
Attention: Community Development Director
With a copy to: City Attorney
City of Livermore
1052 South Livermore Avenue
Livermore, CA 94550
To Developer: 3055 Livermore Owner, LLC
123 Mission St, Floor 7
San Francisco, CA 94105
The written address of either party set forth above may be changed by written notice given not less than five (5) days prior to the date such change is to be in effect. All notices under this Agreement shall be in writing, shall be properly addressed and shall be sent by personal delivery, United States mail (registered, certified, or Express Mail, return receipt requested and postage prepaid), or by overnight courier delivery service. All such notices shall be considered delivered:
(i) if personally delivered, on the date of delivery; (ii) if sent by United States mail in the manner prescribed above, on the date shown on the return receipt for acceptance or rejection; or (iii) if sent by overnight courier delivery service, on the date of delivery or attempted delivery as shown by the written delivery record of such service.

EXHIBIT B
64 EXHIBIT B
65 EXHIBIT B
66 LEGAL DESCRIPTION
Real property in the City of Livermore, County of Alameda, State of California, described as follows:

PARCELS 1, 2 AND 3, INCLUSIVE OF THAT CERTAIN PARCEL MAP 11325, FILED ON SEPTEMBER 8, 2023 IN BOOK 358, AT PAGES 74 THROUGH 78, INCLUSIVE, OF PARCEL MAPS.

APN: 905-0010-025; 905-0010-026; 905-0010-027 (referenced for informational purposes only)

EXHIBIT B
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Exhibit A

EXHIBIT B
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69 TRIAD PLACE
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HONORING AGRICULTURE

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70 1R

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EXHIBIT B
71 EXHIBIT B
72 EXHIBIT B
73 EXHIBIT B
74 EXHIBIT B
75 

1R

_NWJ\FRP 75,$'3/$&(

$OLJQ5HDO(VWDWH &21&(378$/'(6,*1
/LYHUPRUH&$ 6(37(0%(5

$
'8(775,3/(;
),567)/225
6(&21')/225
    6FDOH 
/E^W͗'ͲϮϱĞƐŝŐŶƌŽŽĨůŝŶĞƐǁŝƚŚǀĂƌŝĂƚŝŽŶŝŶŚĞŝŐŚƚ͕ŵĂƐƐŝŶŐ͕ƐŚĂƉĞ͕ĂŶĚĐŽůŽƌƚŽŝŶƚĞŶƚŝŽŶĂůůLJĐƌĞĂƚĞǀŝƐƵĂůŝŶƚĞƌĞƐƚĂŶĚƐƵƉƉŽƌƚƚŚĞŽǀĞƌĂůůĂƌĐŚŝƚĞĐƚƵƌĂůŝŶƚĞŶƚ͘ /E^W͗'Ͳϰϰ'ƌŽƵŶĚĨůŽŽƌƌĞƐŝĚĞŶƚŝĂůƵŶŝƚƐĨĂĐŝŶŐĂƐƚƌĞĞƚƐŚŽƵůĚŚĂǀĞĂŶĞŶƚƌLJƚŚĂƚĨĂĐĞƐƚŚĞƐƚƌĞĞƚ͘'ƌŽƵŶĚĨůŽŽƌƌĞƐŝĚĞŶƚŝĂůƵŶŝƚƐƐŚŽƵůĚďĞĚĞƐŝŐŶĞĚƐƵĐŚƚŚĂƚŶŽ ŵŽƌĞƚŚĂŶƚǁŽƵŶŝƚƐƐŚĂƌĞĂŶĞŶƚƌLJ͘
,0$*(5<%2$5' 7<3)/225/$<287

EXHIBIT B
76 1R

_NWJ\FRP 75,$'3/$&(

$OLJQ5HDO(VWDWH &21&(378$/'(6,*1
/LYHUPRUH&$ 6(37(0%(5

$
'8(775,3/(;
/E^W͗^ͲϮϲƵŝůĚŝŶŐƐƐŚĂůůďĞďƵŝůƚƚŽĂŶĚŽƌŝĞŶƚĞĚƐƵĐŚƚŚĂƚĨƌŽŶƚĂŐĞƐĂŶĚĞŶƚƌĂŶĐĞƐĂƌĞǀŝƐŝďůĞĂŶĚĂĐĐĞƐƐŝďůĞĨƌŽŵƚŚĞƉƵďůŝĐ ƌŝŐŚƚͲŽĨͲǁĂLJ͕ŽŶͲƐŝƚĞĐŽŵŵŽŶĂƌĞĂƐ͕ƉĞĚĞƐƚƌŝĂŶƉĂƚŚǁĂLJƐ͕ƉĂƌŬƐ͕ĂŶĚͬŽƌƉůĂnjĂƐ͘ /E^W͗^Ͳϰϯ^ƚƌĞĞƚͲĨĂĐŝŶŐĨĂĕĂĚĞƐƐŚĂůůŝŶĐůƵĚĞŚŽƌŝnjŽŶƚĂůƉƌŽũĞĐƚŝŽŶƐŽƌƌĞĐĞƐƐĞƐĂƚůĞĂƐƚĨŽƵƌ ĨĞĞƚŝŶĚĞƉƚŚ͕ŽƌƚǁŽƉƌŽũĞĐƚŝŽŶƐŽƌƌĞĐĞƐƐĞƐĂƚůĞĂƐƚϮ͘ϱĨĞĞƚŝŶĚĞƉƚŚĨŽƌĞǀĞƌLJϮϱŚŽƌŝnjŽŶƚĂů ĨĞĞƚŽĨǁĂůů͘
/E^W͗^Ͳϰϱ>ŽǁĞƌĂŶĚƵƉƉĞƌƐƚŽƌŝĞƐƐŚĂůůďĞƐĞƉĂƌĂƚĞĚďLJŚŽƌŝnjŽŶƚĂůĚĞƚĂŝůŝŶŐƐƵĐŚĂƐĂŶĂǁŶŝŶŐ͕ŽǀĞƌŚĂŶŐ͕ĐŽƌŶŝĐĞůŝŶĞ͕Žƌ ďĞůƚĐŽƵƌƐĞ͘^ĞƉĂƌĂƚŝŽŶƐŚĂůůŽĐĐƵƌĞŝƚŚĞƌĂďŽǀĞƚŚĞŐƌŽƵŶĚĨůŽŽƌŽƌƐĞĐŽŶĚĨůŽŽƌ͘ /E^W͗'ͲϰϵƌƚŝĐƵůĂƚĞďƵŝůĚŝŶŐǀŽůƵŵĞƐĂŶĚƐƵƌĨĂĐĞƐǁŝƚŚƚŚƌĞĞͲĚŝŵĞŶƐŝŽŶĂůĞůĞŵĞŶƚƐƚŚĂƚĐƌĞĂƚĞĂǀŝƐƵĂůƉůĂLJŽĨůŝŐŚƚĂŶĚƐŚĂĚŽǁĂŶĚƌĞĚƵĐĞƚŚĞĂƉƉĂƌĞŶƚďƵůŬŽĨ ďƵŝůĚŝŶŐƐ͘
,0$*(5<%2$5' 7<3)/225/$<287

EXHIBIT B
77 1R

_NWJ\FRP 75,$'3/$&(

$OLJQ5HDO(VWDWH &21&(378$/'(6,*1
/LYHUPRUH&$ 6(37(0%(5

$
72:1+286(
),567)/225
7+,5')/225
6(&21')/225
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/E^W͗^ͲϯϬƵŝůĚŝŶŐƐůŽŶŐĞƌƚŚĂŶϭϬϬΖƐŚĂůůĂƉƉĞĂƌǀŝƐƵĂůůLJĂƐƐĞƉĂƌĂƚĞďƵŝůĚŝŶŐƐƚŚƌŽƵŐŚŵĂƐƐŝŶŐƐƚƌĂƚĞŐŝĞƐ͕ŵĂƚĞƌŝĂůŝƚLJĂŶĚͬŽƌǀĂƌŝĂƚŝŽŶŝŶĐŽůŽƌƐ͘ /E^W͗^ͲϰϯKŶďƵŝůĚŝŶŐƐǁŝƚŚƚǁŽŽƌŵŽƌĞƐƚŽƌŝĞƐ͕ƚŚĞĂƌƚŝĐƵůĂƚĞĚĞůĞŵĞŶƚƐƐŚŽƵůĚďĞŐƌĞĂƚĞƌƚŚĂŶŽŶĞƐƚŽƌLJŝŶŚĞŝŐŚƚĂŶĚŵĂLJďĞŐƌŽƵƉĞĚƌĂƚŚĞƌƚŚĂŶĞǀĞŶůLJ ƐƉĂĐĞĚ͘dŚŝƐƌĞƋƵŝƌĞŵĞŶƚĐĂŶďĞŵĞƚďLJďƵŝůĚŝŶŐƉůĂŶĞĐŚĂŶŐĞƐŽƌƉƌŽũĞĐƚŝŽŶƐͬƌĞĐĞƐƐĞƐ͘ 176
,0$*(5<%2$5' 7<3)/225/$<287

EXHIBIT B
78 1R

_NWJ\FRP 75,$'3/$&(

$OLJQ5HDO(VWDWH &21&(378$/'(6,*1
/LYHUPRUH&$ 6(37(0%(5

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72:1+286(
/E^W͗^ͲϵϰdŚĞĚĞƐŝŐŶŽĨƚŽǁŶŚŽŵĞƐƐŚĂůůďĞĂƌƚŝĐƵůĂƚĞĚƐƵĐŚƚŚĂƚŝŶĚŝǀŝĚƵĂůƵŶŝƚƐĂƌĞĚŝĨĨĞƌĞŶƚŝĂƚĞĚĨƌŽŵĞĂĐŚŽƚŚĞƌ͘/ŶĚŝǀŝĚƵĂůŝnjĂƚŝŽŶĐŽƵůĚďĞĂĐŚŝĞǀĞĚƚŚƌŽƵŐŚ ǀĂƌLJŝŶŐƐĞƚďĂĐŬƐ͕ƐĞƉĂƌĂƚĞ͕ŝĚĞŶƚŝĨŝĂďůĞƌŽŽĨĨŽƌŵƐ͕ĐŽůŽƌͬŵĂƚĞƌŝĂůĐŚĂŶŐĞƐ͕ƉŽƌĐŚͬďĂůĐŽŶLJĞůĞŵĞŶƚƐ͕ĞŶƚƌLJƚƌĞĂƚŵĞŶƚƐ͕ǁĂůůƉƌŽũĞĐƚŝŽŶƐ͕ŽƌŽƚŚĞƌƚĞĐŚŶŝƋƵĞƐ͘ /E^W͗^ͲϰϴůůƐƚƌĞĞƚͲĨĂĐŝŶŐĨĂĕĂĚĞƐƐŚĂůůŝŶĐůƵĚĞĂĐŽŵďŝŶĂƚŝŽŶŽĨǀĞƌƚŝĐĂůƉƌŽũĞĐƚŝŽŶƐŽƌƌĞĐĞƐƐĞƐƐƵĐŚĂƐƉŝůĂƐƚĞƌƐ͕ƉŽƌĐŚĞƐ͕ĚĞĐŬƐ͕ďĂLJǁŝŶĚŽǁƐ͕ĂŶĚĞŶƚƌLJƌĞĐĞƐƐĞƐ͘ /E^W͗'ͲϮϱĞƐŝŐŶƌŽŽĨůŝŶĞƐǁŝƚŚǀĂƌŝĂƚŝŽŶŝŶŚĞŝŐŚƚ͕ŵĂƐƐŝŶŐ͕ƐŚĂƉĞ͕ĂŶĚĐŽůŽƌƚŽŝŶƚĞŶƚŝŽŶĂůůLJ ĐƌĞĂƚĞǀŝƐƵĂůŝŶƚĞƌĞƐƚĂŶĚƐƵƉƉŽƌƚƚŚĞŽǀĞƌĂůůĂƌĐŚŝƚĞĐƚƵƌĂůŝŶƚĞŶƚ͘ /E^W͗^Ͳϰϱ>ŽǁĞƌĂŶĚƵƉƉĞƌƐƚŽƌŝĞƐƐŚĂůůďĞƐĞƉĂƌĂƚĞĚďLJŚŽƌŝnjŽŶƚĂůĚĞƚĂŝůŝŶŐƐƵĐŚĂƐĂŶ ĂǁŶŝŶŐ͕ŽǀĞƌŚĂŶŐ͕ĐŽƌŶŝĐĞůŝŶĞ͕ŽƌďĞůƚĐŽƵƌƐĞ͘^ĞƉĂƌĂƚŝŽŶƐŚĂůůŽĐĐƵƌĞŝƚŚĞƌĂďŽǀĞƚŚĞŐƌŽƵŶĚ ĨůŽŽƌŽƌƐĞĐŽŶĚĨůŽŽƌ͘
,0$*(5<%2$5' 7<3)/225/$<287

EXHIBIT B
79 1R

_NWJ\FRP 75,$'3/$&(

$OLJQ5HDO(VWDWH &21&(378$/'(6,*1
/LYHUPRUH&$ 6(37(0%(5

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72:1+286(
),567)/225
7+,5')/225
6(&21')/225
    6FDOH 

/E^W͗^ͲϮϲƵŝůĚŝŶŐƐƐŚĂůůďĞďƵŝůƚƚŽĂŶĚŽƌŝĞŶƚĞĚƐƵĐŚƚŚĂƚĨƌŽŶƚĂŐĞƐĂŶĚĞŶƚƌĂŶĐĞƐĂƌĞǀŝƐŝďůĞĂŶĚĂĐĐĞƐƐŝďůĞĨƌŽŵƚŚĞƉƵďůŝĐƌŝŐŚƚͲŽĨͲǁĂLJ͕ŽŶͲƐŝƚĞĐŽŵŵŽŶĂƌĞĂƐ͕ ƉĞĚĞƐƚƌŝĂŶƉĂƚŚǁĂLJƐ͕ƉĂƌŬƐ͕ĂŶĚͬŽƌƉůĂnjĂƐ͘
/E^W͗^Ͳϰϯ^ƚƌĞĞƚͲĨĂĐŝŶŐĨĂĕĂĚĞƐƐŚĂůůŝŶĐůƵĚĞŚŽƌŝnjŽŶƚĂůƉƌŽũĞĐƚŝŽŶƐŽƌƌĞĐĞƐƐĞƐĂƚůĞĂƐƚĨŽƵƌĨĞĞƚŝŶĚĞƉƚŚ͕ŽƌƚǁŽƉƌŽũĞĐƚŝŽŶƐŽƌƌĞĐĞƐƐĞƐĂƚůĞĂƐƚϮ͘ϱĨĞĞƚŝŶĚĞƉƚŚ ĨŽƌĞǀĞƌLJϮϱŚŽƌŝnjŽŶƚĂůĨĞĞƚŽĨǁĂůů͘
,0$*(5<%2$5' 7<3)/225/$<287

EXHIBIT B
80 1R

_NWJ\FRP 75,$'3/$&(

$OLJQ5HDO(VWDWH &21&(378$/'(6,*1
/LYHUPRUH&$ 6(37(0%(5

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72:1+286(
/E^W͗'ͲϭϬWƌŽŵŽƚĞĂĐƚŝǀŝƚLJĂŶĚǀŝƐƵĂůŝŶƚĞƌĞƐƚĂƚƚŚĞŐƌŽƵŶĚůĞǀĞůďLJŝŶĐŽƌƉŽƌĂƚŝŶŐƉĞĚĞƐƚƌŝĂŶͲƐĐĂůĞĂŵĞŶŝƚŝĞƐ͕ůĂŶĚƐĐĂƉŝŶŐ͕ĂŶĚƉƵďůŝĐŽƉĞŶƐƉĂĐĞŝŶƚŽƚŚĞƐŝƚĞƉůĂŶ ĂŶĚďƵŝůĚŝŶŐĚĞƐŝŐŶ͘
/E^W͗^ͲϯϭĞǀĞůŽƉŵĞŶƚƐŚĂůůŝŶĐůƵĚĞĂǀĂƌŝĞƚLJŽĨĂƌĐŚŝƚĞĐƚƵƌĂůƐƚLJůĞƐ͕ĞŵƉŚĂƐŝnjŝŶŐĐŽŶƚĞŵƉŽƌĂƌLJĚĞƐŝŐŶƐĂŶĚďƵŝůĚŝŶŐŵĂƚĞƌŝĂůƐ͘DĂƚĞƌŝĂůƐƐŚĂůůŐĞŶĞƌĂůůLJŝŶĐůƵĚĞ͗ ƐƚŽŶĞ͕ƐƚƵĐĐŽ͕ďƌŝĐŬ͕ƚŝůĞ͕ǁŽŽĚ͕ŐůĂƐƐ͕ŵĞƚĂů͕ĂŶĚŽƚŚĞƌĚƵƌĂďůĞƋƵĂůŝƚLJŵĂƚĞƌŝĂůƐ͘ /E^W͗'ͲϮϱĞƐŝŐŶƌŽŽĨůŝŶĞƐǁŝƚŚǀĂƌŝĂƚŝŽŶŝŶŚĞŝŐŚƚ͕ŵĂƐƐŝŶŐ͕ƐŚĂƉĞ͕ĂŶĚĐŽůŽƌƚŽŝŶƚĞŶƚŝŽŶĂůůLJ ĐƌĞĂƚĞǀŝƐƵĂůŝŶƚĞƌĞƐƚĂŶĚƐƵƉƉŽƌƚƚŚĞŽǀĞƌĂůůĂƌĐŚŝƚĞĐƚƵƌĂůŝŶƚĞŶƚ͘ /E^W͗ ^ͲϰϴůůƐƚƌĞĞƚͲĨĂĐŝŶŐĨĂĕĂĚĞƐƐŚĂůůŝŶĐůƵĚĞĂĐŽŵďŝŶĂƚŝŽŶŽĨǀĞƌƚŝĐĂůƉƌŽũĞĐƚŝŽŶƐŽƌ ƌĞĐĞƐƐĞƐƐƵĐŚĂƐƉŝůĂƐƚĞƌƐ͕ƉŽƌĐŚĞƐ͕ĚĞĐŬƐ͕ďĂLJǁŝŶĚŽǁƐ͕ĂŶĚĞŶƚƌLJƌĞĐĞƐƐĞƐ͘ ,0$*(5<%2$5' 7<3)/225/$<287

EXHIBIT B
81 83
83 83 83
'1
'1
'1
1R

_NWJ\FRP 75,$'3/$&(

$OLJQ5HDO(VWDWH &21&(378$/'(6,*1
/LYHUPRUH&$ 6(37(0%(5

$
67$&.)/$76
/E^W͗'ͲϮϱĞƐŝŐŶƌŽŽĨůŝŶĞƐǁŝƚŚǀĂƌŝĂƚŝŽŶŝŶŚĞŝŐŚƚ͕ŵĂƐƐŝŶŐ͕ƐŚĂƉĞ͕ĂŶĚĐŽůŽƌƚŽŝŶƚĞŶƚŝŽŶĂůůLJĐƌĞĂƚĞǀŝƐƵĂůŝŶƚĞƌĞƐƚĂŶĚƐƵƉƉŽƌƚƚŚĞŽǀĞƌĂůůĂƌĐŚŝƚĞĐƚƵƌĂůŝŶƚĞŶƚ͘ /E^W͗^ͲϯϭĞǀĞůŽƉŵĞŶƚƐŚĂůůŝŶĐůƵĚĞĂǀĂƌŝĞƚLJŽĨĂƌĐŚŝƚĞĐƚƵƌĂůƐƚLJůĞƐ͕ĞŵƉŚĂƐŝnjŝŶŐĐŽŶƚĞŵƉŽƌĂƌLJĚĞƐŝŐŶƐĂŶĚďƵŝůĚŝŶŐŵĂƚĞƌŝĂůƐ͘DĂƚĞƌŝĂůƐƐŚĂůůŐĞŶĞƌĂůůLJŝŶĐůƵĚĞ͗ ƐƚŽŶĞ͕ƐƚƵĐĐŽ͕ďƌŝĐŬ͕ƚŝůĞ͕ǁŽŽĚ͕ŐůĂƐƐ͕ŵĞƚĂů͕ĂŶĚŽƚŚĞƌĚƵƌĂďůĞƋƵĂůŝƚLJŵĂƚĞƌŝĂůƐ͘ ,0$*(5<%2$5' 7<3)/225/$<287

EXHIBIT B
82 1R

_NWJ\FRP 75,$'3/$&(

$OLJQ5HDO(VWDWH &21&(378$/'(6,*1
/LYHUPRUH&$ 6(37(0%(5

$
67$&.)/$76
/E^W͗^ͲϰϵƌƚŝĐƵůĂƚĞďƵŝůĚŝŶŐǀŽůƵŵĞƐĂŶĚƐƵƌĨĂĐĞƐǁŝƚŚƚŚƌĞĞͲĚŝŵĞŶƐŝŽŶĂůĞůĞŵĞŶƚƐƚŚĂƚĐƌĞĂƚĞĂǀŝƐƵĂůƉůĂLJŽĨůŝŐŚƚĂŶĚƐŚĂĚŽǁĂŶĚƌĞĚƵĐĞƚŚĞĂƉƉĂƌĞŶƚďƵůŬŽĨ ďƵŝůĚŝŶŐƐ͘
/E^W͗^ͲϯϭĞǀĞůŽƉŵĞŶƚƐŚĂůůŝŶĐůƵĚĞĂǀĂƌŝĞƚLJŽĨĂƌĐŚŝƚĞĐƚƵƌĂůƐƚLJůĞƐ͕ĞŵƉŚĂƐŝnjŝŶŐ ĐŽŶƚĞŵƉŽƌĂƌLJĚĞƐŝŐŶƐĂŶĚďƵŝůĚŝŶŐŵĂƚĞƌŝĂůƐ͘DĂƚĞƌŝĂůƐƐŚĂůůŐĞŶĞƌĂůůLJŝŶĐůƵĚĞ͗ƐƚŽŶĞ͕ƐƚƵĐĐŽ͕ ďƌŝĐŬ͕ƚŝůĞ͕ǁŽŽĚ͕ŐůĂƐƐ͕ŵĞƚĂů͕ĂŶĚŽƚŚĞƌĚƵƌĂďůĞƋƵĂůŝƚLJŵĂƚĞƌŝĂůƐ͘ /E^W͗^ͲϯϬƵŝůĚŝŶŐƐůŽŶŐĞƌƚŚĂŶϭϬϬΖƐŚĂůůĂƉƉĞĂƌǀŝƐƵĂůůLJĂƐƐĞƉĂƌĂƚĞďƵŝůĚŝŶŐƐƚŚƌŽƵŐŚŵĂƐƐŝŶŐƐƚƌĂƚĞŐŝĞƐ͕ŵĂƚĞƌŝĂůŝƚLJĂŶĚͬŽƌǀĂƌŝĂƚŝŽŶŝŶĐŽůŽƌƐ͘;ůůƐƚĂĐŬĨůĂƚ ďƵŝůĚŝŶŐƐƐŚĂůůďĞϯƐƚŽƌLJŚŝŐŚͿ
/E^W͗^ͲϱϬ
ŵƉůŽLJǀĂƌŝĂƚŝŽŶƐŝŶďƵŝůĚŝŶŐĂŶĚƌŽŽĨŚĞŝŐŚƚƐ͕ĨĂĕĂĚĞƉůĂŶĞĐŚĂŶŐĞƐ͕ƌŽŽĨƐƚLJůĞƐ͕ ĂƌĐŚŝƚĞĐƚƵƌĂůĚĞƚĂŝůƐ͕ĐŽůŽƌƐ͕ĂŶĚŵĂƚĞƌŝĂůƐ͘hƐĞƚŚĞƐĞĞůĞŵĞŶƚƐŝŶĂŵƵƚƵĂůůLJƌĞŝŶĨŽƌĐŝŶŐ ŵĂŶŶĞƌƚŽďƌĞĂŬƵƉƚŚĞĂƉƉĞĂƌĂŶĐĞŽĨůĂƌŐĞďƵŝůĚŝŶŐƐĂƐǀŝĞǁĞĚĨƌŽŵŶĞĂƌďLJ ,0$*(5<%2$5' 7<3)/225/$<287

EXHIBIT B
83 1R

_NWJ\FRP 75,$'3/$&(

$OLJQ5HDO(VWDWH &21&(378$/'(6,*1
/LYHUPRUH&$ 6(37(0%(5

$

&21'26
),567)/225
7+,5')/225
6(&21')/225
    6FDOH 

/E^W͗^ͲϰϵƌƚŝĐƵůĂƚĞďƵŝůĚŝŶŐǀŽůƵŵĞƐĂŶĚƐƵƌĨĂĐĞƐǁŝƚŚƚŚƌĞĞͲĚŝŵĞŶƐŝŽŶĂůĞůĞŵĞŶƚƐƚŚĂƚĐƌĞĂƚĞĂǀŝƐƵĂůƉůĂLJŽĨůŝŐŚƚĂŶĚƐŚĂĚŽǁĂŶĚƌĞĚƵĐĞƚŚĞĂƉƉĂƌĞŶƚďƵůŬŽĨ ďƵŝůĚŝŶŐƐ͘
/E^W͗^Ͳϰϱ>ŽǁĞƌĂŶĚƵƉƉĞƌƐƚŽƌŝĞƐƐŚĂůů ďĞƐĞƉĂƌĂƚĞĚďLJŚŽƌŝnjŽŶƚĂůĚĞƚĂŝůŝŶŐƐƵĐŚĂƐĂŶĂǁŶŝŶŐ͕ŽǀĞƌŚĂŶŐ͕ĐŽƌŶŝĐĞůŝŶĞ͕ŽƌďĞůƚĐŽƵƌƐĞ͘^ĞƉĂƌĂƚŝŽŶƐŚĂůůŽĐĐƵƌĞŝƚŚĞƌ ĂďŽǀĞƚŚĞŐƌŽƵŶĚĨůŽŽƌŽƌƐĞĐŽŶĚĨůŽŽƌ͘
,0$*(5<%2$5' 7<3)/225/$<287

EXHIBIT B
84 1R

_NWJ\FRP 75,$'3/$&(

$OLJQ5HDO(VWDWH &21&(378$/'(6,*1
/LYHUPRUH&$ 6(37(0%(5

$
&21'26
/E^W͗^ͲϰϰƵŝůĚŝŶŐǀŽůƵŵĞƐŽŶƚŚĞƐĂŵĞďůŽĐŬƐŚĂůůĞdžŚŝďŝƚǀĂƌŝĂƚŝŽŶŝŶŚĞŝŐŚƚĂŶĚŵĂƐƐŝŶŐ͕ƉĂƌƚŝĐƵůĂƌůLJďĞƚǁĞĞŶĂĚũĂĐĞŶƚďƵŝůĚŝŶŐƐ͕ƐƵĐŚƚŚĂƚƚŚĞƌĞŝƐĂĚŝĨĨĞƌĞŶĐĞ ŽĨĂƚůĞĂƐƚŽŶĞƐƚŽƌLJďĞƚǁĞĞŶƚŚĞƚĂůůĞƐƚĂŶĚƚŚĞƐŚŽƌƚĞƐƚďƵŝůĚŝŶŐǀŽůƵŵĞ͘ /E^W͗^ͲϱϬ
ŵƉůŽLJǀĂƌŝĂƚŝŽŶƐŝŶďƵŝůĚŝŶŐĂŶĚƌŽŽĨŚĞŝŐŚƚƐ͕ĨĂĕĂĚĞƉůĂŶĞĐŚĂŶŐĞƐ͕ƌŽŽĨƐƚLJůĞƐ͕ ĂƌĐŚŝƚĞĐƚƵƌĂůĚĞƚĂŝůƐ͕ĐŽůŽƌƐ͕ĂŶĚŵĂƚĞƌŝĂůƐ͘
/E^W͗^ͲϱϬ sĂƌŝĂƚŝŽŶƐŝŶďƵŝůĚŝŶŐĂŶĚƌŽŽĨŚĞŝŐŚƚƐ͕ĨĂĕĂĚĞƉůĂŶĞĐŚĂŶŐĞƐ͕ĐŽůŽƌƐ͕ĂŶĚŵĂƚĞƌŝĂůƐ ƐŚĂůůďĞŝŶĐŽƌƉŽƌĂƚĞĚŝŶƚŽďƵŝůĚŝŶŐƐ͘
/E^W͗'ͲϰϯƌƚŝĐƵůĂƚĞƌĞƐŝĚĞŶƚŝĂůŐƌŽƵŶĚĨůŽŽƌĨĂĕĂĚĞƐĂŶĚƌŽŽĨĨŽƌŵƐƐƵĐŚƚŚĂƚŝŶĚŝǀŝĚƵĂůƌĞƐŝĚĞŶƚŝĂůƵŶŝƚƐĂƌĞĚŝĨĨĞƌĞŶƚŝĂƚĞĚĨƌŽŵĞĂĐŚŽƚŚĞƌĂŶĚĨƌŽŵƚŚĞŽǀĞƌĂůů ŵĂƐƐŝŶŐŽĨƚŚĞďƵŝůĚŝŶŐǁŝƚŚƐƚŽŽƉƐ͕ƉŽƌĐŚĞƐ͕ƌĞĐĞƐƐĞĚǁŝŶĚŽǁƐ͕ĂŶĚͬŽƌďĂLJǁŝŶĚŽǁƐ͘ ,0$*(5<%2$5' 7<3)/225/$<287

EXHIBIT B
85 No.
949.366.6624 | c2collaborative.com Comcast Place
ARE100 Livermore, CA
Schematic Design
September 12, 2024 Collaborative
Triad Place L-2
September 20, 2024 DESIGN IMAGERY Visioning Concept

EXHIBIT B
86 LEGEND
0 30’ 60’ 120’
Scale: 1”= 60’-0”
Project Entry
Neighborhood Park
Water Quality Basins
Central Parkway
Perimeter Buffer
Natural Open Sapce
Neighboring Vineyard
1 2
2 3
3 3
3 3
3 4
4 5
5 5
5 6
6 7
7 1
No.
949.366.6624 | c2collaborative.com Comcast Place
ARE100 Livermore, CA
Schematic Design
September 12, 2024 Collaborative
Triad Place L-3
September 20, 2024 CONCEPTUAL LANDSCAPE PLAN Visioning Concept

EXHIBIT B
87 0 10’ 20’ 40’
Scale: 1”= 20’-0”
KEYMAP
No.
949.366.6624 | c2collaborative.com Comcast Place
ARE100 Livermore, CA
Schematic Design
September 12, 2024 Collaborative
Triad Place L-4
September 20, 2024
Visioning Concept
LEGEND
Community Garden
Pedestrian Crossing
Play Area
Open Lawn
Pavilion Amenity
Amphitheater Seating
Landscape Buffer
Stage w/Shell
Plaza
Fire Lane
1 1 2 2
2 3
3 4
4 4
5 5
6 6
7 7
7 8
8 9
10 10
9 PARK ENLARGEMENT PLAN

EXHIBIT B
88 No.
949.366.6624 | c2collaborative.com Comcast Place
ARE100 Livermore, CA
Schematic Design
September 12, 2024 Collaborative
Triad Place L-5
September 20, 2024 TREE PALETTE Visioning Concept
BOTANICAL NAME COMMON NAME SIZE MATURE HT x SPREAD
TREE SCHEDULE:

Arbutus ‘Marina’
Acer platanoides ‘Crimson King’
Cercis canadensis
Geijera parviflora
Lagerstroemia indica
Laurus nobilis
Lophostemon confertus
Magnolia spp.

Olea spp.

Pistacia chinensis
Platanus acerifolia ‘Yarwood’
Quercus spp.

Ulmus parvifolia “Drake”
Zelkova serrata
Marina Strawberry Tree
Crimson Maple
Eastern Redbud
Australian Willow
Crape Myrtle
Bay Laurel
Brisbane Box
Magnolia
Olive
Chinese Pistache
Sycamore
Oak
Drake Chinese Elm
Japanese Zelkova
15 gal min
15 gal min
15 gal min
15 gal min
15 gal min
15 gal min
15 gal min
15 gal min
15 gal min
15 gal min
15 gal min
15 gal min
15 gal min
15 gal min
Notes:

1. Plant selection and landscape/irrigation design should comply with the Water Efficient Landscape requirements and ordinances.

2. All irrigation systems shall consist of smart weather-based automatic controllers, flow sensor valves, master control valves and quick coupler valves. All trees shall be irrigated with water-efficient bubblers and zoned separately from shrub/groundcover irrigation. Overhead spray shall be limited, primary used for turf areas, and use waterefficient stream rotating pop-up sprays. Planter areas shall be irrigated with below-grade inline drip irrigation zoned appropriately for shrub/groundcover water-use.

3. California native/drought-tolerant plants shall be used to the maximum extent feasible to minimize the need for irrigation. Where irrigation is necessary, then the system shall be designed and installed to prevent overspray or irrigation runoff during normal operations and during a break in the line. 25’ x 30’
30’ x 20’
20’ x 25’
30’ x 20’
25’ x 25’
20’ x 15‘
30’ x 20’
30’ x 25’
40’ x 40’
25’ x 25’
35’ x 35’
40’ x 40’
40’ x 40’
30’ x 30’

EXHIBIT B
89 Off site Improvements (Illustrative) Class 4 Bike Lane

EXHIBIT B
90 CITY COUNCIL STAFF REPORT ITEM NO. 5.5
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Judy Erlandson, Acting Public Works Director
SUBJECT: Introduce an ordinance amending portions of Livermore Municipal Code Chapter 13.36 Sewer Service and Use Charges Sections 13.36.030 Definitions, 13.36.060 Residential Customers, and 13.36.090 Industrial and Miscellaneous Customers.

RECOMMENDED ACTION
Staff recommends the City Council introduce an ordinance, and waive the first reading, amending portions of Livermore Municipal Code Chapter 13.36 Sewer and Use Charges Sections 13.36.03 Definitions, 13.36.060 Residential Customers, and 13.36090 Industrial and Miscellaneous Customers.

SUMMARY
Livermore Municipal Code Chapter 13.36 Sewer Service and Use Charges establishes the purpose and structure to raise revenue for the cost of maintenance, construction, operation, and improvement of the City's sewer facilities used for the collection, treatment and disposal of wastewater, and the reclamation of water. Amending Chapter 13.36 Sections 13.36.060 and 13.36.090 will update customer category definitions and references in the code to include Accessory Dwelling Units (ADU). Section 13.36.090 will be updated to reflect simplification to the methodology used to calculate sewer service charges for industrial and miscellaneous users.

DISCUSSION
Livermore Municipal Code Title 13 Public Services contains various chapters establishing the rate setting process and methodology for adoption of fees. If approved, this update will make two distinct changes to the code.

As more accessory dwelling units (ADUs) are constructed in the City, it is necessary to clarify how an ADU is classified as a residential unit to which wastewater charges will be applied. A definition of an ADU will be added to section 13.36.030 and ADUs as a residential customer category for billing will be included.

In addition, the current sewer service charges to industrial and miscellaneous customers are comprised 91 of an annual loading charge and peak monthly loading charges. The update to section 13.36.090 reflects a simplified sewer service charge calculation based on measured flow and wastewater characteristics, or flow and wastewater characteristics as estimated by the Water Resources Division Manager. This change will simplify the billing process and ensure that all customers are being billed using a similar formula.

FISCAL AND ADMINISTRATIVE IMPACTS
Staff does not anticipate any fiscal impacts to the wastewater enterprise fund if this amendment is adopted. Staff anticipates a small reduction in staff time due to the simplification of billing procedures included in the proposed ordinance.

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. Ordinance
Prepared by: Laura Mayate-DeAndreis
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
92 1 ORDINANCE NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN ORDINANCE AMENDING PORTIONS OF LIVERMORE MUNICIPAL CODE CHAPTER 13.36 SEWER SERVICE AND USE CHARGES SECTIONS 13.36.030 DEFINITIONS, 13.36.060 RESIDENTIAL CUSTOMERS, AND 13.36.090 INDUSTRIAL

AND MISCELLANEOUS CUSTOMERS
Portions of the Livermore Municipal Code are being amended to more clearly incorporate accessory dwelling units as a residential customer category for billing, and to simplify the sewer service charge calculation for industrial and miscellaneous customers.

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

Section 1. Amendment. The following portions of the Livermore Municipal Code are hereby amended to read as shown below. The deletions are shown using a strikethrough, and the added language is shown with an underline, but the stricken language and underlines themselves shall not be codified in the Municipal Code, which publication shall only reflect the final language, and the remainder of those sections remain unchanged.

13.36.030 Definitions
B. In addition, the following terms are defined as follows:

1. “Commercial” means any premises used for commercial or business purposes and discharging a quality of sewage essentially similar to that of a single-family dwelling.

2. “Industrial” means any premises used for manufacturing or industrial purposes which discharges industrial waste, sanitary waste and sewage by reason of the manufacturing or industrial process involved, or which discharges chemicals or putrescent materials.

3. “Miscellaneous” means premises used for a purpose which is unlike residential or commercial, and for which a specific sewer service and use charge cannot be fixed other than by formula, taking into consideration rate of flow of sewer discharge or water use and quality of discharge wastewater characteristics.

4. “Multiple-family dwelling” means any premises designed, improved or used as a residence for two or more families living independently of each other in two or more structurally joined dwelling units with separate entrances; this term shall include apartment houses and duplexes, but it shall not include accessory dwelling units, hotels, motels, dormitories or similar structures.

5. “Parameter” means the criteria on which the peak month loading charge and annual loading charge components of sewer service charges will be based, including, but not limited to flow, in gallons and/or millions of gallons, BOD in pounds 93 2 ORDINANCE NO. ________
and/or thousands of pounds, and suspended solids (SS) in pounds and/or thousands of pounds.

56. “Single-family dwelling” means premises designed, improved or used primarily as a residence residential use with one primary unit on a single parcel for one family and for no other purpose.

67. “Accessory Dwelling Unit” (ADU) means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An ADU also includes an efficiency unit or a manufactured home, as defined in section 18007 of the Health and Safety Code. (Government Code 66313)

78. “Wastewater characteristics” means the general composition of the wastewater based on individual pollutants, for example, biochemical oxygen demand (BOD) and suspended solids.

89. “Winter water usage” means the average water consumption for a property between the months of December and March of a given calendar year.

13.36.060 Residential customers
Residential customers shall be billed at a flat monthly rate by dwelling type, including single-family, and multi-family, and accessory dwelling units. Different rates are established according to dwelling type in order to recognize that typical family sizes and thus wastewater flows vary according to dwelling type.

13.36.090 Industrial and miscellaneous customers
Industrial and miscellaneous users shall pay both annual loading charges and peak month loading charges sewer service charges based on measured flow and wastewater characteristics and parameters or wastewater flow and characteristics and parameters as estimated by the water resources manager Water Resources Division Manager.

A. Annual Loading Charges. Customers in the industrial category shall pay annual loading charges based on unit costs of providing treatment for the parameters of volume, in millions of gallons per year, BOD, in thousands of pounds per year, and suspended solids, in thousands of pounds per year.

B. Peak Month Loading Charges. In addition to the annual loading charges under subsection A of this section, customers in the industrial category shall also pay a monthly loading charge that is the sum of the following unit costs: volume, in millions of gallons per day, BOD, in pounds per day, and suspended solids, in pounds per day. Peak monthly charges will be calculated on the highest average monthly flow, BOD and suspended solid data for the preceding fiscal year. Upon verification of data indicating that current monthly average levels have exceeded previously established peak monthly levels, peak monthly charges shall be recalculated to reflect this increase with the next monthly billing cycle. Also, the user may be billed for the difference in adjusted peak loading charges 94 3 ORDINANCE NO. ________
from the beginning of the fiscal year billing cycle. (Ord. 1590 § 10, 2000; Ord. 1170 § 4, 1984; 1960 code § 18.83).

Section 2. Environmental. This amendment to the Livermore Municipal Code is not a project as defined by the California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore, is not subject to environmental review.

Even if considered a project under CEQA, the adoption of this ordinance is exempt from the requirements of CEQA under the commonsense exemption set forth in CEQA Guidelines Section 15061(b)(3) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment, it is not subject to CEQA.

Section 3. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

Section 4. Publication. This ordinance shall be published once in a newspaper of general circulation of the city of Livermore within fifteen days after its adoption.

Section 5. Effective date. This Ordinance shall take effect 30 days after its adoption.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on June 9, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Jason R. Alcala
Deborah L. Elam Jason R. Alcala
City Clerk City Attorney
95 CITY COUNCIL STAFF REPORT ITEM NO. 5.6
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Paul Spence, Assistant City Manager
SUBJECT: Resolution authorizing execution of an agreement with the California Energy Commission for the Charging Infrastructure for Government Fleets program to install electric vehicle charging infrastructure at City facilities.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with the California Energy Commission for the Charging Infrastructure for Government Fleets program to install electric vehicle charging infrastructure at City facilities.

SUMMARY
In April 2024, the City of Livermore (City) applied for California Energy Commission (CEC) Charging Infrastructure for Government Fleets grant solicitation (GFO-23-606). The CEC selected the City's application for funding and approved the grant agreement (Agreement) on May 8, 2025.

The Agreement secures $1,600,000 to install 100 electric vehicle charging ports at five City facilities: City Hall, Police Department, Maintenance Service Center, Water Reclamation Plant, and Airport. If approved by City Council, staff will execute the Agreement.

DISCUSSION
In April 2024, the City of Livermore (City) applied for California Energy Commission (CEC) Charging Infrastructure for Government Fleets grant solicitation (GFO-23-606). This competitive grant solicitation will fund projects that provide electric vehicle charging infrastructure for light-duty government fleets.

On September 18, 2024, the California Energy Commission notified the City that its application was selected for funding. The grant agreement (Agreement) was approved by the CEC at its Business Meeting on May 8, 2025.

The Agreement secures $1,600,000 to install 100 electric vehicle charging ports at five City facilities: City Hall, Police Department, Maintenance Service Center, Water Reclamation Plant, and Airport. Pursuant to 96 the guidelines of the grant, the chargers are required to be installed by January 2027. While the grant program is designed to support government light-duty fleet vehicles, the chargers may also be utilized by medium and heavy-duty fleet vehicles, City staff personal vehicles, and public vehicles.

If approved by City Council, the City Manager will execute the Agreement.

ENVIRONMENTAL REVIEW
The electric vehicle charging installations included in the grant scope will be exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301, which exempts projects that consist of minor alterations to existing public facilities.

FISCAL AND ADMINISTRATIVE IMPACTS
The total anticipated cost for the project is approximately $4,580,000, which includes capital costs and staff time. The Charging Infrastructure for Government Fleets grant award is $1,600,000. Costs for To The Meter (TTM) electrical upgrades will be covered by PG&E through its EV Fleet Program. The remaining capital costs are budgeted in the City's Capital Improvement Program under project #202514 - Fleet Electrification Phase 2.

COMMUNITY PILLAR
3: Environmental Stewardship
GOAL
1: Lead efforts to implement the updated Climate Action Plan in collaboration with internal and external partners

ATTACHMENTS

1. Resolution

2. Exhibit A - CEC Grant Agreement
Prepared by: Tricia Pontau
Sustainability Program Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
97 RESOLUTION NO. ______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE

CALIFORNIA ENERGY COMMISSION FOR THE CHARGING INFRASTRUCTURE FOR

GOVERNMENT FLEETS PROGRAM
In April 2024, the City of Livermore (City) applied for the California Energy Commission (CEC) Charging Infrastructure for Government Fleets grant solicitation (GFO-23-606). On September 18, 2024, the CEC notified the City that its application was selected for funding. The CEC approved the grant Agreement on May 8, 2025.

The Agreement secures $1,600,000 to install 100 electric vehicle charging ports at five City facilities: City Hall, Police Department, Maintenance Service Center, Water Reclamation Plant, and Airport. Pursuant to the guidelines of the grant, the chargers are required to be installed by January 2027.

The total anticipated cost for the project is approximately $4,580,000, which includes capital costs and staff time. The Charging Infrastructure for Government Fleets grant award is $1,600,000. Costs for To The Meter (TTM) electrical upgrades will be covered by PG&E through its EV Fleet Program. The remaining capital costs are budgeted in the City's Capital Improvement Program under project #202514 - Fleet Electrification Phase 2.

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

1. Authorizes the City Manager to execute an agreement with the California Energy Commission for the Charging Infrastructure for Government Fleets program, in substantially the same form as the attached Exhibit A, which is incorporated by this reference.

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

On motion of Council Member _______________________, seconded by Council Member __________________________, the foregoing resolution was passed and adopted on June 9, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Daniel Gonzales
Deborah L. Elam Daniel Gonzales
City Clerk Deputy City Attorney
Exhibit A – Agreement with California Energy Commission 98 STATE OF CALIFORNIA

GRANT AGREEMENT
CEC-146 (Revised 3/2019) CALIFORNIA ENERGY COMMISSION

RECIPIENT AGREEMENT NUMBER
City of Livermore ARV-24-017

ADDRESS AGREEMENT TERM
1052 South Livermore Ave
Livermore, CA 94550
05/08/2025 to 06/30/2028
The effective date of this Agreement is either the start date or the approval signature date by the California Energy Commission representative below, whichever is later. The California Energy Commission shall be the last party to sign. No work is authorized, nor shall any work begin, until on or after the effective date.

PROJECT DESCRIPTION
The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement.

Exhibit A – Scope of Work Page(s): 30
Exhibit A-1 – Schedule of Products and Due Dates Page(s): 3 Exhibit B – Agreement Budget Page(s): 10
Exhibit C – Clean Transportation Program Terms and Conditions Page(s): 40 Exhibit C-1 – Special Terms and Conditions Page(s): 1
Exhibit D – Agreement Contacts Page(s): 1

REIMBURSABLE AMOUNT
$1,600,000

MINIMUM MATCH SHARE REQUIRED
$2,979,905

TOTAL OF REIMBURSABLE AMOUNT AND MINIMUM MATCH
$4,579,905
The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.

CALIFORNIA ENERGY COMMISSION RECIPIENT AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE

NAME NAME
Tatyana Yakshina

TITLE TITLE
Contracts, Grants, and Loans Office Manager

CALIFORNIA ENERGY COMMISSION ADDRESS
715 P Street, 3rd Floor, MS-18,
Sacramento, CA 95814
Marianna Marysheva

EXHIBIT A
99 May 8, 2025 Page 1 of 30 ARV-24-017
Scope of Work City of Livermore

EXHIBIT A

SCOPE OF WORK

TECHNICAL TASK LIST
Task # CPR Task Name
1 Administration
2 x Site Assessment and Design
3 Construction and Activation Schedule
4 x Site Construction
5 Site Activation and Commissioning
6 Operations and Reliability
7 Semi-Annual Electric Vehicle Charger Inventory Reports 8 Data Collection and Analysis
9 Project Fact Sheet

KEY NAME LIST
Task # Key Personnel Key Subcontractor(s) Key Partner(s) 1 Pontau (City Manager’s
Office, or CMO),
Peterson (Administrative
Services Department, or
ASD), Waxdeck (CDD)
None Livermore
Community
Development
Department (CDD)
2 Waxdeck (CDD), Pontau
(CMO)
Calkins (PWD)
Moufarrej (CDD)
Kooreman (PWD)
None Livermore Public
Works Department
(PWD), CDD,
Livermore Police
Department (LPD),
Pacific Gas and
Electric Company
(PG&E)
3 Waxdeck (CDD)
Pontau (CoL)
None CDD
4 Waxdeck (CDD)
Calkins (PWD)
Moufarrej (CDD)
Pontau (CMO)
None PWD, CDD, LPD,
PG&E
5 Waxdeck (CDD), Pontau
(CMO)
Calkins (PWD)
None PWD, LPD, PG&E

EXHIBIT A
100
May 8, 2025 Page 2 of 30 ARV-24-017
Scope of Work City of Livermore
Task # Key Personnel Key Subcontractor(s) Key Partner(s) 6 Waxdeck (CDD), Pontau
(CMO)
Calkins (PWD)
None PWD, CDD
7 Pontau (CMO), Waxdeck
(CDD), Calkins (PWD),
Peterson (CoL)
None PWD
8 Pontau (CMO), Waxdeck
(CDD)
None CDD, PWD
9 Pontau (CMO), Waxdeck
(CDD)
None CDD

GLOSSARY
Specific terms and acronyms used throughout this scope of work are defined as follows:

Term/
Acronym
Definition
AB Assembly Bill
AC Level 2 A charger that operates on a circuit from 208 volts to 240 volts and transfers alternating-current (AC) electricity to a device in an electric vehicle (EV) that converts AC to direct current to charge an EV battery.

ADA Americans with Disabilities Act
API Application programming interface. A type of software interface that offers service to other pieces of software. An API allows two or more computer programs to communicate with each other.

CAM Commission Agreement Manager
CAO Commission Agreement Officer
CEC California Energy Commission
Charge
attempt
Any instance of an EV driver taking action to initiate a charging session by taking one or all of the following steps in any order: 1) attaching the connector to the EV appropriately or 2) attempting to authorize a charging session by use of radio frequency identification (RFID) technology, credit card, charging network provider smartphone application (app), screen input, or calling the charging network provider’s customer service number.

EXHIBIT A
101
May 8, 2025 Page 3 of 30 ARV-24-017
Scope of Work City of Livermore
Charger A device with one or more charging ports and connectors for charging EVs. Also referred to as electric vehicle supply equipment (EVSE).

This definition excludes any charger used solely for private use at a single-family residence or a multifamily dwelling with four or fewer dwelling units.

Charging
network
A collection of chargers located on one or more property(ies) that are connected via digital communications to manage the facilitation of payment, the facilitation of electrical charging, and any related data requests.

Charging
network
provider
The entity that provides the digital communication network that remotely manages the chargers. Charging network providers may also serve as charging station operators and/or manufacture chargers.

Charging port The system within a charger that charges one EV. A charging port may have multiple connectors, but it can provide power to charge only one EV through one connector at a time.

Charging
session
The period after a charge attempt during which the EV is allowed to request energy. Charging sessions can be terminated by the customer, the EV, the charger, the charging station operator, or the charging network provider.

Charging
station
The area in the immediate vicinity of one or more chargers and includes the chargers, supporting equipment, parking areas adjacent to the chargers, and lanes for vehicle ingress and egress. A charging station could comprise only part of the property on which it is located.

Charging
station
management
system
A system that may be used to operate a charger, to authorize use of the charger, or to record or report charger data, such as by using OCPP.

Charging
station
operator
The entity that owns the chargers and supporting equipment and facilities at one or more charging stations. Although this entity may delegate responsibility for certain aspects of charging station operation and maintenance to subcontractors, this entity retains responsibility for operation and maintenance of chargers and supporting equipment and facilities. In some cases, the charging station operator and the charging network provider are the same entity.

Connector The device that attaches an EV to a charging port in order to transfer electricity.

Corrective
maintenance
Maintenance that is carried out after failure detection and is aimed at restoring an asset to a condition in which it can perform its intended function.

EXHIBIT A
102
May 8, 2025 Page 4 of 30 ARV-24-017
Scope of Work City of Livermore
CPR Critical Project Review
CTP Clean Transportation Program
Depot Type of “home base” behind-the-fence location where a vehicle is typically kept when not in use (usually parked on a nightly basis).

DCFC Direct current fast charger. A charger that enables rapid charging by delivering direct-current (DC) electricity directly to an EV's battery.

Downtime A period of time that a charger is not capable of successfully dispensing electricity or otherwise not functioning as designed.

Downtime is calculated pursuant to Task 6.4.

EV Electric vehicle. A vehicle that is either partially or fully powered on electric power received from an external power source. For the purposes of this Agreement, this definition does not include golf carts, electric bicycles, or other micromobility devices
EVSE Electric vehicle supply equipment. A charger as defined.

Excluded
downtime
Downtime that is caused by events pursuant to Task 6.4.

Failed
charging
session
Following a charge attempt, the criteria for a successful charging session were not met.

FTD Fuels and Transportation Division
Government
entity
A California county government, a California city government, and/or a tribal government within California.

Government
fleet
A fleet of vehicles used to directly or indirectly serve the public GFO Grant Funding Opportunity
Hardware The machines, wiring, and other physical components of an electronic system including onboard computers and controllers.

Inoperative
state
The charger or charging port is not operational.

Installed Attached or placed at a location and available for use for a charging session. The date a charger is installed is the date it is first available for use for a charging session.

Interoperability Successful communication between the software, such as the software controlling charging on the EV and the software controlling the charger. Interoperability failures are communication failures between the EV and charger that occur while the software of each device is operating as designed. Interoperability failure leads to failed charging sessions.

EXHIBIT A
103
May 8, 2025 Page 5 of 30 ARV-24-017
Scope of Work City of Livermore
Light-duty
vehicles
On-road vehicles with a gross vehicle weight rating of 10,000 pounds or less.

Maintenance Any instance in which preventive or corrective maintenance is carried out on equipment.

Networked A charger can receive or send commands or messages remotely from or to a charging network provider or is otherwise connected to a central management system, such as by using OCPP 2.0.1, for the purposes of charger management and data reporting.

Nonnetworked
charger
A charger that is not networked.

OCPP Open Charge Point Protocol. An open-source communication protocol that specifies communication between chargers and the charging networks that remotely manage the chargers.

Operational Or “up.” A charging port’s hardware and software are both online and available for use, or in use, and the charging port is capable of successfully dispensing electricity.

Operative
state
The charger is operational.

Preventative
maintenance
Maintenance that is performed on physical assets to reduce the chances of equipment failure and unplanned machine downtime.

Private Charging ports located at parking space(s) that are privately owned and operated, often dedicated to a specific driver or vehicle (for example, a charging port installed in a garage of a single-family home).

Public Charging ports located at parking space(s) designated by the property owner or lessee to be available to and accessible by the public.

Recipient City of Livermore
RSA Registered Service Agency. An entity that repairs a commercial device that is registered with the California Department of Food and Agriculture Division of Measurement Standards.

Shared
Private
Charging ports located at parking space(s) designated by a property owner or lessee to be available to, and accessible by, employees, tenants, visitors, and residents. Examples include workplaces and shared parking at multifamily residences.

Software A set of instructions, data, or programs used to operate computers and execute specific tasks.

EXHIBIT A
104
May 8, 2025 Page 6 of 30 ARV-24-017
Scope of Work City of Livermore
Successful
charging
session
Following a charge attempt, a customer’s EV battery is charged to the state of charge the customer desires and is disconnected manually by the customer or by the EV’s onboard software system terminating the charging session, without an additional charge attempt.

Uptime The time that a charger is installed during a reporting period excluding downtime pursuant to Task 6.4.

Background
Assembly Bill (AB) 118 (Núñez, Chapter 750, Statutes of 2007) created the Clean Transportation Program (CTP) to help achieve California’s climate change policies and support projects that reduce greenhouse gas emissions from the transportation sector.

AB 8 (Perea, Chapter 401, Statutes of 2013) extended the program through January 1, 2024, and AB 126 (Reyes, Chapter 319, Statutes of 2023) extended the program through July 1, 2035 and focused the program on zero-emission transportation.

The CTP has an annual budget of approximately $100 million and provides financial support for projects that, among other goals:
· Develop and deploy zero-emission technology and fuels in the marketplace where feasible and near-zero-emission technology and fuels elsewhere.
· Produce alternative and renewable low-carbon fuels in California. · Deploy zero-emission fuel infrastructure, fueling stations, and equipment where feasible and near-zero-emission fuel infrastructure, fueling stations, and equipment elsewhere.
· Establish workforce training programs and conduct public outreach on the benefits of alternative transportation fuels and vehicle technologies.

On December 21, 2023, the CEC released a Grant Funding Opportunity (GFO) entitled “Charging Infrastructure for Government Fleets.” This competitive grant solicitation was to fund projects that provide electric vehicle charging infrastructure for light-duty government fleets. In response to GFO-23-606, the Recipient submitted application #16 which was proposed for funding in the CEC’s Notice of Proposed Awards on September 18, 2024. GFO-23-606 and Recipient’s application are hereby incorporated by reference into this Agreement in their entirety.

In the event of any conflict or inconsistency between the terms of the Solicitation and the terms of the Recipient’s Application, the Solicitation shall control. In the event of any conflict or inconsistency between the Recipient’s Application and the terms of this Agreement, this Agreement shall control. Similarly, in the event of any conflict or inconsistency between the terms of this Agreement and the Solicitation, the terms of this Agreement shall control.

EXHIBIT A
105
May 8, 2025 Page 7 of 30 ARV-24-017
Scope of Work City of Livermore
Problem Statement:

California is extremely “climate-challenged” and must plan for both mitigating the causes of climate change and becoming more resilient in the face of increasing climate change challenges, such as heat waves, flooding, and wildfires. Approximately 50% of the state’s greenhouse emissions come from transportation. Recipient’s greenhouse gas inventory mirrors this, with approximately 55% of its emissions coming from the transportation sector. It has made a commitment to reduce its transportation related emissions by phasing out internal combustion engine fleet vehicles that are nearing the end of their useful, efficient life to form a 100% zero emission vehicle fleet by 2045.

While it has made headway in this transition, one of the primary barriers to accelerating this transition has been a lack of charging infrastructure, which is directly related to a lack of local funding.

Recipient’s city is home to two significant low-Income communities living near Interstate 580 and major transit corridors like First Street. Census tracts in Livermore are in the 54th percentile for poverty, according to the Council on Environmental Quality’s Climate and Economic Justice Screening Tool. Unfortunately, these communities bear an unequal burden of air and noise pollution due to vehicular traffic. According to CalEnviroScreen 4.0, low-income communities in Livermore experience between 67% to 77% higher rates of diesel particulate matter (DPM) compared to other areas in the state. Each project that focuses on reducing city-wide pollution from transportation promises to improve air quality in these communities.

Goals of the Agreement:

The goal of this Agreement is to ensure that EVSE infrastructure is available to serve the ongoing transition of Recipient’s light duty fleet vehicles from internal combustion engines to electric. The project will result in a staggered build out of this infrastructure, and ultimately an increase in the number of EVs in the city’s fleet.

Objectives of the Agreement:

The objectives of this Agreement are to:
· Create a plan for the staggered installation of EV infrastructure throughout the city.
· Install at least 96 L2 and at least 4 DCFC EV charging ports across approximately five City-owned sites.
· Serve fleet vehicles across three city departments including Police, Public Works (Maintenance, Environmental, Services, Water Resources, and Airport Divisions) and Community Development (Building, Engineering, Planning, and Housing & Human Services Divisions)

EXHIBIT A
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Scope of Work City of Livermore
· Reduce local greenhouse gas emissions by ~198,700 kgCO2e upon project completion in 2028 and ~ 4,535,300 kgCO2e by 2045 when the fleet is fully electrified.

TASK 1 ADMINISTRATION
Task 1.1 Attend Kick-off Meeting
The goal of this task is to establish the lines of communication procedures for and data requests implementing this Agreement. The Commission Agreement Manager (CAM) shall designate the date and location of this meeting and provide an agenda to the Recipient prior to the meeting.

The CAM shall:
· Send the Recipient the kick-off meeting agenda.

The Recipient shall:
· Attend a “Kick-Off” meeting that includes the CAM and may include the Commission Agreement Officer (CAO) and a representative of the CEC Accounting Office. The Recipient shall bring their Project Manager, Agreement Administrator, Accounting Officer, and any others determined necessary by the Recipient or specifically requested by the CAM to this meeting.
· Provide a written statement of match share activities that have occurred after the notice of proposed awards but prior to the execution of the agreement using match funds. If none, provide a statement that no work has been completed using match funds prior to the execution of the agreement. All pre-execution match expenditures must conform to the requirements in the Terms and Conditions of this Agreement. · Provide an updated Schedule of Products, updated list of match funds, and updated list of permits.
· Discuss the following administrative and technical aspects of this Agreement:
o Agreement Terms and Conditions
o Critical Project Review (Task 1.2)
o Match fund documentation (Task 1.7) No reimbursable work may be done until this documentation is in place.
o Permit documentation (Task 1.8)
o Subawards needed to carry out project (Task 1.9)
o The CAM’s expectations for accomplishing tasks described in the Scope of Work
o An updated Schedule of Products and Due Dates

EXHIBIT A
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Scope of Work City of Livermore
o Monthly Calls (Task 1.4)
o Quarterly Progress Reports (Task 1.5)
o Technical Products (Product Guidelines located in Section 5 of the Terms and Conditions)
o Final Report (Task 1.6)
Recipient Products:
· Updated Schedule of Products
· Updated List of Match Funds
· Updated List of Permits
· Written Statement of Match Share Activities
CAM Product:
· Kick-Off Meeting Agenda
Task 1.2 Critical Project Review (CPR) Meetings
CPRs provide the opportunity for frank discussions between the CEC and the Recipient.

The goal of this task is to determine if the project should continue to receive CEC funding to complete this Agreement and to identify any needed modifications to the tasks, products, schedule or budget.

The CAM may schedule CPR meetings as necessary, and meeting costs will be borne by the Recipient.

Meeting participants include the CAM and the Recipient and may include the CAO, the Fuels and Transportation Division (FTD) program lead, other CEC staff and Management as well as other individuals selected by the CAM to provide support to the CEC.

The CAM shall:
· Determine the location, date, and time of each CPR meeting with the Recipient. These meetings generally take place at the CEC, but they may take place at another location or remotely.
· Send the Recipient the CPR meeting agenda and a list of expected participants in advance of each CPR. If applicable, the agenda shall include a discussion on both match funding and permits. · Conduct and make a record of each CPR meeting. Prepare a schedule for providing the written determination described below.

EXHIBIT A
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Scope of Work City of Livermore
· Determine whether to continue the project, and if continuing, whether or not modifications are needed to the tasks, schedule, products, and/or budget for the remainder of the Agreement. Modifications to the Agreement may require a formal amendment (please see section 8 of the Terms and Conditions). If the CAM concludes that satisfactory progress is not being made, this conclusion will be referred to the Lead Commissioner for Transportation for his or her concurrence.
· Provide the Recipient with a written determination in accordance with the schedule. The written response may include a requirement for the Recipient to revise one or more product(s) that were included in the CPR.

The Recipient shall:
· Prepare a CPR Report for each CPR that discusses the progress of the Agreement toward achieving its goals and objectives. This report shall include recommendations and conclusions regarding continued work of the projects. This report shall be submitted along with any other products identified in this scope of work. The Recipient shall submit these documents to the CAM and any other designated reviewers at least 15 working days in advance of each CPR meeting.
· Present the required information at each CPR meeting and participate in a discussion about the Agreement.

CAM Products:
· CPR meeting agenda and a list of expected participants · Schedule for written determination
· Written determination
Recipient Product:
· CPR Report(s)
Task 1.3 Final Meeting
The goal of this task is to closeout this Agreement.

The Recipient shall:
· Meet with CEC staff to present the findings, conclusions, and recommendations. The final meeting must be completed during the closeout of this Agreement.

This meeting will be attended by, at a minimum, the Recipient and the CAM. The technical and administrative aspects of Agreement closeout will be discussed at the meeting, which may be two separate meetings at the discretion of the CAM.

EXHIBIT A
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Scope of Work City of Livermore
The technical portion of the meeting shall present an assessment of the degree to which project and task goals and objectives were achieved, findings, conclusions, recommended next steps (if any) for the Agreement, and recommendations for improvements. The CAM will determine the appropriate meeting participants.

The administrative portion of the meeting shall be a discussion with the CAM about the following Agreement closeout items:
o What to do with any equipment purchased with CEC funds (Options)
o CEC request for specific “generated” data (not already provided in Agreement products)
o Need to document Recipient’s disclosure of “subject inventions” developed under the Agreement, if applicable
o “Surviving” Agreement provisions
o Final invoicing and release of retention
· Prepare a schedule for completing the closeout activities for this Agreement.

Products:
· Written documentation of meeting agreements
· Schedule for completing closeout activities
Task 1.4 Monthly Calls
The goal of this task is to have calls at least monthly between CAM and Recipient to verify that satisfactory and continued progress is made towards achieving the objectives of this Agreement on time and within budget.

The objectives of this task are to verbally summarize activities performed during the reporting period, to identify activities planned for the next reporting period, to identify issues that may affect performance and expenditures, to verify match funds are being proportionally spent concurrently or in advance of CEC funds or are being spent in accordance with an approved Match Funding Spending Plan, to form the basis for determining whether invoices are consistent with work performed, and to answer any other questions from the CAM. Monthly calls might not be held on those months when a quarterly progress report is submitted, or the CAM determines that a monthly call is unnecessary.

The CAM shall:
· Schedule monthly calls.
· Provide questions to the Recipient prior to the monthly call. · Provide call summary notes to Recipient of items discussed during call.

EXHIBIT A
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The Recipient shall:
· Review the questions provided by CAM prior to the monthly call · Provide verbal answers to the CAM during the call.
· Send an email to CAM concurring with call summary notes.

Product:
· Email to CAM concurring with call summary notes.

Task 1.5 Quarterly Progress Reports
The goal of this task is to periodically verify that satisfactory and continued progress is made towards achieving the objectives of this Agreement on time and within budget.

The objectives of this task are to summarize activities performed during the reporting period, to identify activities planned for the next reporting period, to identify issues that may affect performance and expenditures, and to form the basis for determining whether invoices are consistent with work performed.

The Recipient shall:
· Prepare a Quarterly Progress Report which summarizes all Agreement activities conducted by the Recipient for the reporting period, including an assessment of the ability to complete the Agreement within the current budget and any anticipated cost overruns. Progress reports are due to the CAM the 10th day of each January, April, July, and October. The Quarterly Progress Report template can be found on the ECAMS Resources webpage available at https://www.energy.ca.gov/media/4691.

Product:
· Quarterly Progress Reports
Task 1.6 Final Report
The goal of the Final Report is to assess the project’s success in achieving the Agreement’s goals and objectives, advancing science and technology, and providing energy-related and other benefits to California.

The objectives of the Final Report are to clearly and completely describe the project’s purpose, approach, activities performed, results, and advancements in science and technology; to present a public assessment of the success of the project as measured by the degree to which goals and objectives were achieved; to make insightful observations based on results obtained; to draw conclusions; and to make recommendations for further projects and improvements to the FTD project management processes.

The Final Report shall be a public document and is limited to 25-pages. If the Recipient has obtained confidential status from the CEC and will be preparing a confidential version of the Final Report as well, the Recipient shall perform the following activities for both the public and confidential versions of the Final Report.

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In addition to any other applicable requirements, the Final Report must comply with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101 et seq.), which prohibits discrimination on the basis of disability; all applicable regulations and guidelines issued pursuant to the ADA; Cal. Gov. Code sects. 7405 and 11135; and Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.

The Recipient shall:
· Prepare an Outline of the Final Report, if requested by the CAM. · Prepare a Draft Final Report complying with ADA requirements and following the latest version of the Final Report guidelines which will be provided by the CAM. The CAM shall provide written comments on the Draft Final Report within fifteen (15) working days of receipt. The Final Report must be completed at least 60 days before the end of the Agreement Term.
· Submit Final Report in Microsoft Word format or similar electronic format as approved by the CAM.

Products:
· Outline of the Final Report, if requested
· Draft Final Report
· Final Report
Task 1.7 Identify and Obtain Matching Funds
The goal of this task is to ensure that the match funds planned for this Agreement are obtained for and applied to this Agreement during the term of this Agreement.

The costs to obtain and document match fund commitments are not reimbursable through this Agreement. Although the CEC budget for this task will be zero dollars, the Recipient may utilize match funds for this task. Match funds must be identified in writing and the associated commitments obtained before the Recipient can incur any costs for which the Recipient will request reimbursement.

The Recipient shall:
· Prepare a letter documenting the match funding committed to this Agreement and submit it to the CAM at least 2 working days prior to the kick-off meeting. If no match funds were part of the proposal that led to the CEC awarding this Agreement and none have been identified at the time this Agreement starts, then state such in the letter. If match funds were a part of the proposal that led to the CEC awarding this Agreement, then provide in the letter a list of the match funds that identifies the:
o Amount of each cash match fund, its source, including a contact name, address and telephone number and the
task(s) to which the match funds will be applied.

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o Amount of each in-kind contribution, a description,
documented market or book value, and its source, including a contact name, address and telephone number and the
task(s) to which the match funds will be applied. If the in-kind contribution is equipment or other tangible or real property, the Recipient shall identify its owner and provide a contact name, address and telephone number, and the address
where the property is located.
· Provide a copy of the letter of match fund commitment from an authorized representative of each source of cash match funding or in-kind contributions that these funds or contributions have been secured. For match funds provided by a grant a copy of the executed grant shall be submitted in place of a letter of commitment.
· Discuss match funds and the implications to the Agreement if they are reduced or not obtained as committed, at the kick-off meeting. If applicable, match funds will be included as a line item in the progress reports and will be a topic at CPR meetings.
· Provide the appropriate information, including but not limited to, a letter of match fund commitment to the CAM if during the course of the Agreement additional, match funds are received.
· Provide the CAM written notification within 10 days if during the course of the Agreement existing match funds are reduced. Reduction in match funds must be approved through a formal amendment to the Agreement and may trigger an additional CPR meeting.

Products:
· A letter regarding match funds or stating that no match funds are provided · Copy(ies) of each match fund commitment letter(s) (if applicable) · Letter(s) for new match funds (if applicable)
· Written notification that match funds were reduced (if applicable) Task 1.8 Identify and Obtain Required Permits
The goal of this task is to obtain all permits required for work completed under this Agreement in advance of the date they are needed to keep the Agreement schedule on track.

Permit costs and the expenses associated with obtaining permits are not reimbursable under this Agreement. Although the CEC budget for this task will be zero dollars, the Recipient may budget match funds for any expected expenditures associated with obtaining permits. Permits must be identified in writing and obtained before the Recipient can make any expenditure for which a permit is required.

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The Recipient shall:
· Prepare a letter documenting the permits required to conduct this Agreement and submit it to the CAM at least 2 working days prior to the kick-off meeting. If there are no permits required at the start of this Agreement, then state such in the letter. If it is known at the beginning of the Agreement that permits will be required during the course of the Agreement, provide in the letter:
o A list of the permits that identifies the:
§ Type of permit
§ Name, address and telephone number of the permitting
jurisdictions or lead agencies
o The schedule the Recipient will follow in applying for and obtaining these permits.
· Discuss the list of permits and the schedule for obtaining them at the kickoff meeting and develop a timetable for submitting the updated list, schedule and the copies of the permits. The implications to the Agreement if the permits are not obtained in a timely fashion or are denied will also be discussed. If applicable, permits will be included as a line item in the Progress Reports and will be a topic at CPR meetings.
· If during the course of the Agreement additional permits become necessary, provide the appropriate information on each permit and an updated schedule to the CAM.
· As permits are obtained, send a copy of each final approved permit to the CAM.
· If during the course of the Agreement permits are not obtained on time or are denied, notify the CAM within 5 working days. Either of these events may trigger actions available to the CEC under this Agreement, such as an additional CPR.

Products:
· Letter documenting the permits or stating that no permits are required · A copy of each final approved permit (if applicable)
· Updated list of permits as they change during the term of the Agreement (if applicable)
· Updated schedule for acquiring permits as changes occur during the term of the Agreement (if applicable)

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Task 1.9 Obtain and Execute Subawards and Agreements with Site Hosts The goal of this task is to ensure quality products and to execute subrecipient and site host agreements, as applicable, required to carry out the tasks under this Agreement consistent with the Agreement Terms and Conditions and the Recipient’s own procurement and contracting policies and procedures.

The Recipient shall:
· Execute and manage subawards and coordinate subrecipient activities. · Execute and manage site host agreements and ensure the right to use the project site throughout the term of the Agreement, as applicable. A site host agreement is not required if the Recipient is the site host. · Notify the CEC in writing immediately, but no later than five calendar days, if there is a reasonable likelihood the project site cannot be acquired or can no longer be used for the project.
· Submit a letter to the CAM describing the subawards and any site host agreement needed or stating that no subawards or site host agreements are required.
· If requested by the CAM, submit a draft of each subaward and any site host agreement required to conduct the work under this Agreement to the CAM for review.
· If requested by the CAM, submit a final copy of each executed subaward and any site host agreement.
· If Recipient intends to add new subrecipients or change subrecipients, then the Recipient shall notify the CAM.

Products:
· Letter describing the subawards and any site host agreement needed, or stating that no subawards or site host agreements are required · Draft subaward (if requested)
· Final subaward (if requested
· Draft site host agreement (if requested)
· Final site host agreement (if requested)

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TECHNICAL TASKS
TASK 2 SITE ASSESSMENT & DESIGN
The goal of this task is to identify and finalize locations at the selected sites to install at least 96 L2 and at least 4 DCFC charging ports across approximately five City-owned sites that will power fleet vehicles for three city departments including Livermore Police Department (LPD), Livermore Public Works Department (PWD) and Livermore Community Development Department (CDD).

Task 2.1 Site Assessment
The goal of this task is to conduct site assessments and confirm locations for installation of at least 96 L2 and at least 4 DCFC charging ports at approximately five City-owned, paved parking lots.

The Recipient shall:
· Perform site assessment and design.
· Gather historical utility data and as-builts to preliminarily assess existing electrical capacity at the sites.
· Coordinate and perform walk-throughs of each site with contractor and facility staff.
· Select locations for EVSE at each site based on site analysis, considering factors such as visibility, accessibility, and proximity to power sources. · Create and submit to the CAM a site analysis report, including photo documentation of selected locations.

Products:
· Site Analysis Report
[CPR WILL BE HELD IN THIS TASK. See Task 1.2 for details] Task 2.2 Electrical Infrastructure Evaluation
The goal of this task is to evaluate electrical infrastructure (capacity and access) to EVSE charging sites and, if existing local electrical utility capacity is found to be inadequate, identify electrical service upgrades needed to serve the EVSE.

The Recipient shall:
· Coordinate with PG&E to perform utility studies (e.g. interconnection and service upgrade analyses).
· Work with facility staff, contractor, and PG&E to confirm feasibility and costs of installing EVSE at specific sites.
· Submit to CAM a Electrical Utility Study Report

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Products:

Electrical Utility Study Report
Task 2.3 Site Design
The goal of this task is to prepare design plans and secure construction permits for charging sites.

The Recipient shall:
· Design the improvement plans based on the existing conditions, number and type of chargers, EVSE capabilities, and EVSE location. Develop a preliminary site design for each charging site
· Finalize all construction drawings
· Create and submit to CAM a copy of the Final Site Plans, including the final construction drawings
· Secure final construction permits and submit to CAM per Task 1.8 Products:
· Final Site Plans
· Final construction permits, delivered per Task 1.8
TASK 3 CONSTRUCTION AND ACTIVATION SCHEDULE
The goal of this task is to schedule a timeline for construction and activation of each site location that are part of the project.

The Recipient shall:
· Create a staggered timeline to roll out construction, that is consistent with the deadlines listed in Exhibit A-1 to this Agreement, the Schedule of Products and Due Dates, and submit to CAM a charger procurement, construction and activation schedule of each site.

Products:
· Charger procurement, construction, and activation schedule.

TASK 4 SITE CONSTRUCTION AND INSTALLATION
The goal of this task is to construct at least 96 L2 and at least 4 DCFC charging ports.

The Recipient shall:
· Coordinate with PG&E to schedule the installation of any new electrical equipment, such as transformers or meters if applicable.

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· Procure at least 96 L2 and at least 4 DCFC EV charging ports and equipment consistent with the specifications outlined in GFO-23-606 and this Agreement and provide proof of procurement to the CAM. · Mount and install EV charging stations according to manufacturer specifications and industry standards.
· Install signage and markings to designate EV charging spaces within the parking lot.
· Create and submit to the CAM a final construction report that includes progress of individual site and submit high-quality photos of each site. · Submit to an AB 841 Certification that certifies the project has complied with all AB 841 (2020) requirements specified in Exhibit C or describes why the AB 841 requirements do not apply to the project. The certification shall be signed by Recipient’s authorized representative. · Submit EVITP Certification Numbers of each Electric Vehicle Infrastructure Training Program certified electrician that installed electric vehicle charging infrastructure or equipment. EVITP Certification Numbers are not required to be submitted if AB 841 requirements do not apply to the project.
· Ensure all electric vehicle supply equipment (EVSE) installed for commercial use has a type approval certificate issued through the California Type Evaluation Program (CTEP) administered by the California Department of Food and Agriculture (CDFA) Division of Measurement Standards (DMS) or Certificate of Conformance issued by the National Type Evaluation Program (NTEP) administered through the National Conference on Weights and Measures. California accepts NTEP certificates so long as the device also meets CCR Title 4, Section 4002.11.
· Unless otherwise updated by the DMS, ensure installation, repair, and/or maintenance on commercial EVSE is performed by a Registered Service Agency (RSA) and after the device is placed in service, the RSA must report this information to the county within 24 hours. Device owners are responsible for registering their device with the county.

Products:
· AB 841 Certification
· EVITP Certification Numbers for all electricians installing EVSE · Copies of invoices or proof of procurement
· High quality photos of chargers at each site
· Final construction report

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[CPR WILL BE HELD IN THIS TASK. See Task 1.2 for details] Task 5 SITE ACTIVATION AND COMMISSIONING
The goal of this task is to activate chargers and ensure all sites are operational to serve Recipient’s light-duty EV fleet.

The Recipient shall:
· Activate EVSE information on the EVSE provider’s network. · Conduct thorough testing and commissioning of the installed EV infrastructure to ensure proper functionality, safety, and compliance with specifications.
· Verify that charging stations are communicating effectively with network systems (if applicable) and that payment systems are functioning correctly.
· For each site, within 15 days of first operation, email the CAM a Site Activation Report which shall include, but is not limited to o Screenshots of the charging ports identified on the EVSE provider’s network
o First date of site operation
· Develop a training program for site users and facilities managers that includes a training manual, on-site training and training video Products:
· Training manual for site users and facilities managers. · Training video for site users and facilities managers · Site Activation Report
TASK 6 OPERATIONS AND RELIABILITY
Recipient shall comply with the reliability performance standards, recordkeeping, reporting, and maintenance requirements (Requirements) for EV chargers installed as part of this Agreement, excluding any charger used solely for private use at a singlefamily residence or a multifamily housing unit with four or fewer units. In the event the CEC adopts regulations that include Requirements, for example as required by AB 2061 (Ting, Chapter 345, Statutes of 2022) and/or AB 126 (Reyes, Chapter 319, Statutes of 2023), those Requirements shall supersede the Requirements contained in this Scope of Work for this Agreement wherever, as determined by the CAM, they conflict or are redundant.

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Task 6.1 Operations
The Recipient Shall:
· Operate the installed charging ports during the term of this agreement. · Ensure that the charging port uptime for each charging port installed in the project is at least 97 percent of each year for six years after the beginning of operation.

Without limitation to other rights and remedies which the CEC may have, including but not limited to survival provisions specified in the Terms and Conditions of this Agreement, this requirement to ensure operationality for six years after the beginning of operation shall survive the completion or termination date of this Agreement. In addition to other requirements in the Terms and Conditions of this Agreement, all CECreimbursable expenditures must be incurred within the Agreement term.

Task 6.2 Recordkeeping
The goal of this task is to collect, maintain, and transmit records of charging port operation and reliability to the CEC.

For networked chargers, the Recipient shall collect and retain the maintenance records specified in this section. The Recipient shall retain the services of a charging network provider that meets the criteria in 1. through 4. to record, retain, and transmit the Remote Monitoring data for networked chargers specified in this section.

1. The charging network provider must have an API of the CEC’s choosing to permit the charging network provider to transfer the data required in this section directly to the CEC or the CEC’s designee within 60 minutes of the record’s generation.

2. The charging network provider must have Subset Certification of the Charging Station Management System in the Open Charge Alliance OCPP Certification Program for OCPP version 2.0.1, published May 24, 2023, or a subsequent version of OCPP for Core, Advanced Security, and ISO 15118 Support functionalities.

3. For networked chargers, the charging network provider’s central system must have connection to the chargers using OCPP version 2.0.1 or a subsequent version of OCPP. This does not preclude the additional use of other communication protocols.

4. For networked chargers, the charging network provider and chargers must transmit the following protocol data units between the Central Management System and the charger(s) as specified in OCPP version 2.0.1 or a subsequent version of OCPP:
a. HeartbeatRequest shall be transmitted to the Central Management System by the charger on a set interval.
b. HeartbeatResponse shall be transmitted to the charger by the Central Management System in response to any received
HeartbeatResponse.

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c. StatusNotificationRequest shall be transmitted by the charger to the Central Management System any time the charger or an associated charging port’s operative status changes.
d. BootNotificationRequest shall be transmitted by the charger to the Central Management System any time the charger is powered on. e. BootNotificationResponse shall be transmitted by the Central Management System to the charger in response to any received BootNotificationRequest.

The Recipient Shall:
· For networked chargers, ensure the charging network provider collects and retains the Remote Monitoring data below from each charging port installed and operated as part of this Agreement.
· For networked chargers, ensure the charging network provider automatically transmits the Remote Monitoring data below to the CEC, via API, within 60 minutes of the Remote Monitoring data’s generation.
· For networked chargers, ensure the charging network provider retains the Remote Monitoring data below for 2 years from the date of each record’s generation. Provide Remote Monitoring records to the CEC within 10 business days of request.

1. Provide digital records in a comma separated values file unless another file format is approved by the CEC for the request.

2. Provide a clear and understandable Data Dictionary that describes each data element and any associated units with all digital records. · For all chargers, collect and retain the maintenance records specified below for each charging port installed and operated as part of this Agreement for 6 years from the date the charging port begins operation. Provide Maintenance Records to the CEC within 10 business days of request.

Remote Monitoring Data for Networked Chargers

1. All instances of the following Protocol Data Units, specified in OCPP 2.0.1, that are transmitted between the charger and the central system. a. HeartbeatResponse
b. StatusNotificationRequest
c. BootNotificationRequest

2. The total number of charge attempts for the reporting period.

3. The total number of successful charging sessions for the reporting period.

4. The total number of failed charging sessions for the reporting period.

5. The percentage of successful charging sessions for the reporting period relative to the total number of charge attempts for the reporting period.

Maintenance Records

1. For all chargers, reports of inoperative charging ports or charging port failures resulting in inability to charge, such as a customer complaint, internal diagnostics, or inspection.

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2. For all chargers, records of any maintenance conducted on charging ports installed and operated as part of the agreement. Records should specify the following:
a. Date and time of the maintenance event
b. Whether maintenance was corrective or preventive in nature c. Whether and for how long the charging port was in an inoperative state prior to maintenance.
d. Whether the charging port was in an operative state following maintenance
Products:
· Remote Monitoring Records
· Maintenance Records
· Data Dictionary
Task 6.3 Maintenance Requirements
The goal of this task is to increase reliability through timely and effective preventive and corrective maintenance. The Recipient shall conduct maintenance on each charger installed and operated as part of the Agreement as specified in this section.

The Recipient Shall:
· Conduct preventive maintenance, as specified by the charger manufacturer, on the charger hardware by a certified technician annually. The time interval between consecutive preventive maintenance visits to any charger shall be no more than 13 months.
· Complete corrective maintenance within 5 business days of the beginning of a time when the charger or charging port is inoperative or exhibiting failures that result in an inability to charge.
· Report on preventive and corrective maintenance in each Quarterly Report on Charger and Charging Port Reliability and Maintenance described in Task 6.4.

Products:
· Maintenance section of Quarterly Report on Charger and Charging Port Reliability and Maintenance described in Task 6.4
Task 6.4 Reporting
The goal of this task is to provide reports on charger reliability and maintenance.

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The Recipient shall:
· Prepare and submit to the CEC Quarterly Reports on Charger and Charging Port Reliability and Maintenance. Each report shall include: A summary of charging port downtime, including total downtime and the number and frequency of downtime events, the minimum, median, mean, and maximum duration, and the causes of downtime events. Downtime shall be determined on a per charging port basis by summing the durations of all downtime events during the reporting period. The duration of a downtime event shall be the longest of the following periods:

1. For networked charging ports, the time after the charger has transmitted a StatusNotificationRequest indicating that the charging port associated with that charger is in a “faulted” or “unavailable” state until a subsequent StatusNotificationRequest is transmitted by that charger indicating that the charging port has transitioned to an “available,” “occupied,” or “reserved” state. The timestamps in each StatusNotificationRequest shall be used to quantify downtime.

2. For networked chargers, the time between a BootNotificationResponse transmitted by the Central Management System and the last HeartbeatResponse transmitted by the Central Management System prior to the BootNotificationResponse. The timestamps in the relevant BootNotificationResponse and HeartbeatResponse shall be used to quantify downtime.

3. For all charging ports, the time between the earliest record that a charging port is not capable of successfully dispensing electricity or otherwise not functioning as designed and the time it is available to deliver a charge. First record that a charger is not capable of successfully dispensing electricity or otherwise not functioning as designed includes, but is not limited to, consumer notification, internal diagnostics, or inspection, whichever is earliest.
· Prepare a summary of Excluded Downtime, including total excluded downtime and the number and frequency of excluded downtime events, the minimum, median, mean, and maximum duration, and the causes of excluded downtime events and include in each Quarterly Report on Charger and Charging Port Reliability and Maintenance. ‘Excluded Downtime’ includes:

1. Before Initial Installation: Downtime before the charging port was initially installed.

2. Grid Power Loss: Downtime during which power supplied by a third-party provider is not supplied at levels required for minimum function of the charging port. This may include, but is not limited to, service outages due to utility equipment malfunction or public safety power shutoffs. This does not include power generation or storage equipment installed to serve the charger(s) exclusively. Documentation from power provider detailing outage is required to claim this as excluded downtime.

3. Vehicle Fault: Any failure to charge or failure to meet the EV charging customer’s expectation for power delivery due to the fault of the vehicle.

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4. Outage for Preventative Maintenance or Upgrade: Downtime caused by any preventative maintenance or upgrade work that takes the charging port offline. This must be scheduled at least two weeks in advance of the charger being placed in an inoperative state. The maximum downtime that can be excluded for preventative maintenance or upgrade work is 24 hours for any 12-month period.

5. Vandalism or Theft: Downtime caused by any physical damage to the charger or station committed by a third party. This may include, but is not limited to, theft of charging cables, damage to connectors from mishandling, or damage to screens. A maximum of 5 days may be claimed as excluded downtime for each Vandalism or Theft event. A police report or similar third-party documentation is required to claim this as excluded time.

6. Natural Disasters: Downtime caused by any disruption of the charging port due to a natural event such as a flood, earthquake, or wildfire that causes great damage. Third party documentation such as news reporting must be provided along with a narrative of the direct impacts to the charger(s) to claim this as excluded downtime.

7. Communication Network Outages: Downtime caused by loss of communication due to cellular or internet service provider system outages.

A Communication Network Outage can be claimed as excluded downtime provided the chargers default to a free charge state during communication losses. A free charge state is when the charger is operational and dispenses energy free of charge to any consumer.

8. Operating Hours: Hours in which the charging port is in an operative state but that are outside of the identified hours of operation of the charging station.
· For all charging ports, prepare a summary and calculation of uptime and include in each Quarterly Report on Charger and Charging Port Reliability and Maintenance. Each report shall include the uptime percentage of each charging port (Uptime) installed and operated as part of this Agreement for the reporting period. Charging port uptime shall be calculated as:

𝑼𝑼 = 𝑻𝑻 − 𝑫𝑫 + 𝑬𝑬
𝑻𝑻 ∗ 𝟏𝟏𝟏𝟏𝟏𝟏%
U = Charging Port Uptime
T =

1. Q1 reporting period = 129,600 minutes, except for a leap year, which is 131,040 minutes.

2. Q2 reporting period = 131,040 minutes.

3. Q3 and Q4 reporting periods = 132,480 minutes.

D = Total charging port downtime for the reporting period, in minutes.

E = Total charging port excluded downtime in the reporting period, in minutes.

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· For networked charging ports, prepare a summary of charge data and include in each Quarterly Report on Charger and Charging Port Reliability and Maintenance. The data will include:
a. Total number of charge attempts in the reporting period b. Total number of successful charge attempts in the reporting period c. Total number of failed charges in the reporting period d. The percentage of successful charging sessions for the reporting period relative to the total number of charge attempts for the reporting period e. A description of steps taken to reduce the number of failed charge attempts, and the success rate of those steps
· For all chargers, prepare a summary of the total number of maintenance dispatch events that occurred since the last report, the number of days to complete each maintenance event reported, and a narrative description of significant maintenance issues. Include details of all excluded downtime and a narrative description of events that caused the excluded downtime. Include the summary in each Quarterly Report on Charger and Charging Port Reliability and Maintenance.

Products:
· Quarterly Report on Charger and Charging Port Reliability and Maintenance, submitted in a manner specified by the CEC
TASK 7 SEMI-ANNUAL ELECTRIC VEHICLE CHARGER INVENTORY REPORTS The goal of this task is to provide information on the number of chargers in the Recipient’s charging network in California, including both public and shared private, serving all vehicle sectors (light-, medium-, and heavy duty) excluding any charger used solely for private use at a single-family residence or a multifamily housing unit with four or fewer units.

The Recipient shall:
· Prepare an Electric Vehicle Charger Inventory Report, in a template provided by the CAM, that includes:
o For chargers serving light-duty electric vehicles:
· Number of public AC charging ports aggregated at the
county level by charging network provider
· Number of shared private AC charging ports aggregated at the county level by charging network provider
· Number of public DC fast charging ports aggregated at the county level by charging network provider
· Number of shared private DC fast charging ports aggregated at the county level by charging network provider
o For chargers serving medium- and/or heavy-duty vehicles:
· Number of public AC charging ports aggregated at the
county level by charging network provider

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· Number of shared private AC charging ports aggregated at the county level by charging network provider
· Number of public DC fast charging ports aggregated at the county level by charging network provider
· Number of shared private DC fast charging ports aggregated at the county level by charging network provider
· Number of other publicly available charging ports at the county level by charging network provider
· Number of other depot charging ports by power output (less than 50 kilowatts (kW), between 50 – 150 kW, 150 kW – 350 kW, 350 kW and above) at the county level by charging
network provider (if applicable)
· Submit the Electric Vehicle Charger Inventory Report to the CAM no later than 30 calendar days after the Agreement is executed and then each calendar half-year thereafter. Reports are due at the end of July and end of January.

Recipient Product:
· Electric Vehicle Charger Inventory Report
TASK 8 DATA COLLECTION AND ANALYSIS
The goal of this task is to collect operational data from the project and to analyze that data for economic and environmental impacts.

The Recipient shall:
· For all electric vehicle chargers and charging stations installed on or after January 1, 2024:
o Comply with recordkeeping and reporting standards as described in CEC’s regulations. These requirements are not applicable to those electric vehicle chargers and charging stations installed at residential real property containing four or fewer dwelling units.
o Comply with all industry best practices and charger technology capabilities that are demonstrated to increase reliability, as described in CEC’s regulations.
o Without limitation to other requirements in this Agreement, Recipient shall comply with any other regulatory requirements, including but not limited to uptime requirements and operation and maintenance requirements. Such regulatory requirements may, but will not necessarily, be enacted after execution of this Agreement. Once regulations are final, they will apply to work under this Agreement irrespective of when finalized. Any updates to regulations may also be applicable to work under this Agreement.

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o If the Recipient is an electric vehicle service provider or other thirdparty entity that is not the site host, the electric vehicle service provider or third-party entity shall provide a disclosure to the site host about the site host’s right to designate the service provider or third-party as the entity to report the data on behalf of the site host. The Recipient shall verify receipt by signing the disclosure.
· Collect and report to the CEC:
o For an electric vehicle charging station, the availability of operational charging plugs, whether the station was energized, the volume of electricity in kilowatt-hours used to charge by vehicles, the number of vehicles charged by a station, and any other data deemed necessary by the CEC to monitor reliability and accessibility of the charging infrastructure. This data shall be measured no less frequently than on a daily basis and reported electronically to the CEC no less frequently than quarterly in Program Management Data Report submitted with the quarterly reports described in Task 1.5.
o For an electric vehicle charging station, the source and greenhouse gas (GHG) emissions intensity, on an annual basis, of the electricity used and dispensed by the EV charging station(s) at the meter, consistent with the disclosure methodology set forth in Article 14 (commencing with Section 398.1) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code. Data must be reported to the CEC annually in a GHG Intensity Report specified by the CAM.
· Collect and provide to the following data:
o Number, type, date, and location of chargers installed. o Nameplate capacity of the installed equipment, in kW for chargers. o Number and type of outlets per charger.
o Location type, such as street, parking lot, hotel, restaurant, or multi-unit housing.
o Total cost per charger, the subsidy from the CEC per charger, federal subsidy per charger, utility subsidy per charger, and privately funded share per charger.
· Collect and provide 12 months of throughput, usage, and operations data from the project in the EV Utilization Data Reports section of the Data Collection and Information Analysis Report (defined later in this task), in the format and templates provided by the CAM, including, but not limited to:
o Number of charging sessions
o Average charger downtime
o Peak power delivered (kW)

EXHIBIT A
127
May 8, 2025 Page 29 of 30 ARV-24-017
Scope of Work City of Livermore
o Duration of active charging, hourly
o Duration of charging session, hourly (e.g., vehicle parked but not actively charging)
o Average session duration
o Energy delivered (kWh)
o Average kWh dispensed
o Types of vehicles using the charging equipment
o Applicable price for charging, including but not limited to: electric utility tariff, EVSP service contract, or public charger price o Payment method for public charging
o Energy delivered back to grid or facility if a bidirectional charging use case (kWh)
o Maximum capacity of the new fueling system
o Normal operating hours, up time, downtime, and explanations of variations
o Gallons of gasoline and/or diesel fuel displaced (with associated mileage information)
o Expected air emissions reduction, for example:
§ Non-methane hydrocarbons
§ Oxides of nitrogen
§ Particulate Matter
§ Formaldehyde
o Duty cycle of the current fleet and the expected duty cycle of future vehicle acquisitions
· Identify any current and planned use of renewable energy at the facility. · Identify the source of the alternative fuel.
· Describe any energy efficiency measures used in the facility that may exceed Title 24 standards in Part 6 of the California Code Regulations. · Provide data on potential job creation, economic development, and increased state revenue as a result of expected future expansion. · Compare any project performance and expectations provided in the proposal to CEC with actual project performance and accomplishments. · Provide a Data Collection and Information Analysis Report that lists and analyzes all the data and information described above, including the EV Utilization Data Reports section.

EXHIBIT A
128
May 8, 2025 Page 30 of 30 ARV-24-017
Scope of Work City of Livermore
Products:
· Program Management Data Report
· GHG Intensity Report
· Data Collection and Information Analysis Report
TASK 9 PROJECT FACT SHEET
The goal of this task is to develop an initial and final project fact sheet that describes the CEC-funded project and the benefits resulting from the project for the public and key decision makers.

The Recipient shall:
· Prepare an Initial Project Fact Sheet at start of the project that describes the project and the expected benefits. Use the format provided by the CAM.
· Prepare a Final Project Fact Sheet at the project’s conclusion that describes the project, the actual benefits resulting from the project, and lessons learned from implementing the project. Use the format provided by the CAM.
· Provide at least (6) six High Quality Digital Photographs (minimum resolution of 1300x500 pixels in landscape ratio) of pre and post technology installation at the project sites or related project photographs.

Products:
· Initial Project Fact Sheet
· Final Project Fact Sheet
· High Quality Digital Photographs

EXHIBIT A
129
EXHIBIT A-1
Agreement term date 5/8/2025 - 6/30/2028
Task
Number Task Name Product(s) Due Date

1.1 5/22/2025
Updated Schedule of Products 5/15/2025
Updated List of Match Funds 5/15/2025
Updated List of Permits 5/15/2025
Written Statement of Match Share Activities 5/15/2025
Kick-Off Meeting Agenda (CEC) 5/14/2025

1.2 7/25/2025
Task 2.1 CPR Report 7/8/2025
CPR Meeting Agenda (CEC) 7/4/2025
Schedule for written determination (CEC) 7/4/2025
Written determination (CEC) 8/1/2025

1.2 2/17/2027
Task 4 CPR Report 2/3/2027
CPR Meeting Agenda (CEC) 2/1/2027
Schedule for written determination (CEC) 2/1/2027
Written determination (CEC) 2/24/2027

1.3 4/27/2028
Written documentation of meeting agreements 5/11/2028
Schedule for completing closeout activities 5/11/2028

1.4 Email to CAM concurring with call summary notes Within 5 days of receipt

1.5 Quarterly Progress Reports
Quarterly Progress Reports
10th calendar day of each
January, April, July, and October
during the approved term of this
Agreement

1.6 Outline of the Final Report, if requested 1/18/2028 Draft Final Report 2/31/2028
Final Report (no less than 60 days before the end term
of the agreement) 3/28/2028

1.7 A letter regarding match funds or stating that no match funds are provided 5/15/2025
Copy(ies) of each match fund commitment letter(s)
(if applicable) 5/15/2025
Letter(s) for new match funds (if applicable)
Within 10 days of identifying new
match funds
Letter that match funds were reduced (if applicable)
Within 10 days of identifying
reduced funds
Monthly Calls
Final Report
Identify and Obtain Match Funds
Schedule of Products and Due Dates
Attend Kick-off Meeting
Critical Project Review Meetings
Final Meeting
1st CPR
Meeting
Critical Project Review Meetings
2nd CPR
Meeting
May 8, 2025 1 of 3
Exhibit A-1
Schedule of Products
ARV-24-017
City of Livermore

EXHIBIT A
130
EXHIBIT A-1
Agreement term date 5/8/2025 - 6/30/2028
Task
Number Task Name Product(s) Due Date
Schedule of Products and Due Dates

1.8 Letter documenting the permits or stating that no permits are required 5/15/2025
A copy of each final approved permit (if applicable)
Within 10 days of receiving each
permit
Updated list of permits as they change during the term of the Agreement (if applicable)
Within 10 days of change in list of
permits
Updated schedule for acquiring permits as changes
occur during the term of the Agreement (if applicable)
Within 10 days of change in
schedule for obtaining permits

1.9 Letter describing the subawards and any site host
agreement needed, or stating that no subawards or site
host agreements are required 5/15/2025
Draft subawards (if requested)
15 days prior to the scheduled
execution date
Final subawards (if requested) Within 10 days of execution Draft site host agreement (if requested)
15 days prior to the scheduled
execution date
Final site host agreement (if requested) Within 10 days of execution 2 SITE ASSESSMENT & DESIGN

2.1 Site Analysis Report 6/30/2025

2.2 Electrical Infrastructure Evaluation
Electrical Utility Study Report 7/31/2025

2.3 Final Site Plans 9/1/2025
Final Construction Permits Per Task 1.8

3.0 Charger Procurement, Construction, and Activation
Schedule 12/31/2025

4.0 AB 841 Certification 11/31/2026
EVITP Certification Numbers for all electricians installing EVSE 10/2/2026
Copies of Invoices or Proof of Procurement 7/31/2026
High Quality Photos of Chargers at Each Site 11/31/2026 Final Construction Report 12/31/2026
Identify and Obtain Required Permits
Site Design

CONSTRUCTION AND ACTIVATION SCHEDULE

SITE CONSTRUCTION AND INSTALLATION
Site Assessement
Obtain and Execute Subawards
May 8, 2025 2 of 3
Exhibit A-1
Schedule of Products
ARV-24-017
City of Livermore

EXHIBIT A
131
EXHIBIT A-1
Agreement term date 5/8/2025 - 6/30/2028
Task
Number Task Name Product(s) Due Date
Schedule of Products and Due Dates
5 Training manual for site users and facilities managers 1/28/2027 Training video for site users and facilities managers 1/28/2027 Site Activation Report 1/28/2027
6 6.2
Remote Monitoring Records
Within 10 business days of CEC
request
Maintenance Records
Within 10 business days of CEC
request
Data Dictionary
Within 10 business days of CEC
request

6.3 Maintenance section of Quarterly Report on Charger and Charging Port Reliability and Maintenance described in
Task 6.4
Included in each Quarterly Report
in Task 6.4

6.4 Quarterly Report on Charger and Charging Port
Reliability and Maintenance
10th day of each January, April,
July, and October
7 Electric Vehicle Charger Inventory Report
Within 30 calendar days of
execution and then the end of
each July and end of each
January thereafter during the term
of the agreement.
8 Program Management Data Report
30th day of each January, April,
July, and October (when
applicable)
GHG Intensity Report Annually
Data Collection and Information Analysis Report
30th day of each January, April,
July, and October (when
applicable)
9 Initial Project Fact Sheet 6/19/2025
Final Project Fact Sheet 4/12/2028
High Quality Digital Photographs 4/12/2028

PROJECT FACT SHEET

DATA COLLECTION AND ANALYSIS

SEMI-ANNUAL ELECTRIC VEHICLE CHARGER INVENTORY

REPORTS

OPERATIONS AND RELIABILITY
Recordkeeping
Maintenance Requirements
Reporting

SITE ACTIVATION AND COMMISSIONING
May 8, 2025 3 of 3
Exhibit A-1
Schedule of Products
ARV-24-017
City of Livermore

EXHIBIT A
132

EXHIBIT B
Template Version 6/5/2023
https://www.energy.ca.gov/funding-opportunities/funding-resources/ecams-resources o Equipment – 1) For equipment that is equal to or greater than $100,000 per line item total (including both CEC and Match Funds), documentation showing the payment terms must be provided to the CAM. 2) CAM must be able to verify equipment purchases for: 1) equipment with a per line item incurred cost of $500,000 or greater; or 2) a single equipment vendor with $500,000 or more in equipment incurred costs. See Invoice Review Checklist for methods to verify. o Materials & Miscellaneous – Receipt required for any line item total that is $5,000 or more. o Subrecipients & Vendors – Major subrecipients (Budget of $100k or more) follow the same budget requirements as the Recipient when submitting an invoice. For Minor subrecipients and Vendors, subrecipient or vendor invoice required. The subrecipient (major) should not include retention on their invoice template, so that retention will not be double counted. Doing this puts the responsibility on the recipient to determine how much retention to retain, if any, from their subrecipients based on their contractual agreements with their subrecipients and the CEC. o Indirect Costs & Profit – No supporting documentation required with invoice.

Adding Rows: If additional rows are needed within a section, unhide the hidden rows (i.e., select the row directly above and below the hidden rows, then right-click the selection and select “Unhide”). Hide any unused rows. DO NOT USE THE LAST TWO ROWS THAT ARE MARKED “CEC USE ONLY”. If all but the last 2 rows are used, and more rows are required, please contact the ECAMS Support team ([email protected]).

FOR ECAMS SUPPORT TEAM ONLY: ADDING ROWS:

To add additional rows and maintain the formulas within the totals, (1) unprotect the sheet, (2) copy the second to the last row in the section, (3) insert the copied row just above the last row, (4) repeat steps 2 - 3 as required, (5) correct formatting and REFERENCE IDs as required, (6) delete “CEC USE ONLY” from all but the last two rows in the section, and (7) re-protect the sheet.

Updating Modification Date on Budgets:

After making modifications to a budget file, update the modification date as described below. o Budget Worksheet file – Update the "Date of Last Budget Worksheet Modification " to the date the modifications were completed. Update the "Date of Last Budget Worksheet Modification" in cell D1 of the "Category Budget" tab–this updates the rest of the tabs in the template. o Agreement Budget file – Update the "Date of Last Approved Agreement Budget Modification " to the date the modifications were approved. Update the "Date of Last Approved Agreement Budget Modification" in cell D1 of the "Category Budget" tab–this updates the rest of the tabs in the template.

FOR ECAMS SUPPORT TEAM ONLY: UPDATING "TEMPLATE VERSION" DATE:

After making modifications to a budget or invoice template, update the "Template Version " date to the date the modifications were completed. For the budget templates, update the "Template Version " date in cell A1 of the "Category Budget " tab–this updates the rest of the tabs in the template. For the invoice templates, update the "Template Version " date in cell A1 of the "Invoice Payment Cover Sheet " tab–this updates the rest of the tabs in the template.

ECAMS Support: For support on how to complete this template, please visit the ECAMS Resources web page. The link to this web page is provided in the cell below:
o Travel - Receipts are required only for: Lodging, Airfare, Rental car (including gasoline expenses), Bus/train. Travel Form required for all travel included on an invoice  Budget values:
o For entered and totaled (via calculation) CEC and Match share budget values: Round to the dollar ($1). o For all calculated currency values (e.g., rate x hours, rate x months, base amount, and rate x base amount): Round to the dollar ($1).  Invoice values:
o For entered and totaled (via calculation) CEC and Match share expense invoice values: Round to the cent ($0.01). o For all calculated currency values (e.g., rate x hours, rate x months, base amount, and rate x base amount): Round to the cent ($0.01). o SPECIAL CIRCUMSTANCE for calculated currency values: ONLY if a calculated value (e.g., rate x hours = actual labor expense) does NOT equal the actual expense, because of the decimal place rules provided for rates and quantity values listed above, it is acceptable to use as many decimal places as necessary for rates and quantity values listed above to ensure that the calculated value DOES equal the actual expense.

Invoice Supporting Documentation Requirements, per Budget Category:

The list below contains the supporting documentation that is required to be submitted with an invoice. IMPORTANT: The recipient and subrecipients must still retain supporting documentation for all project expenses in case of an audit (“supporting documents” are also known as “backup documents”). o Direct Labor – No supporting documentation required with invoice. o Fringe Benefits – No supporting documentation required with invoice. o For all quantity values (e.g., # of hours, # of months, and # of units): Round to a maximum of two decimal places (e.g., 50.12). You can round to less if desired, such as one decimal place (e.g., 50.1), or zero decimal places (e.g., 50).

Date of Last Approved Agreement Budget Modification: 11/19/2024 Workbook Instructions
Input Data: Enter information as required in all cells highlighted in Blue.

Restricted Editing: All cells not highlighted in Blue are locked from editing. Locked cells include: cells with formulas highlighted in Gray or Light Yellow, cells with no color fill (white), etc.

For the Agreement Budget Template ONLY: Colored Tabs:

The "Equipment" and "Subrecipients & Vendors" budget category tabs are colored ORANGE to indicate that line item details can be entered for these budget categories. The other budget category tabs (Direct Labor, Fringe Benefits, Travel, Materials & Misc., and Indirect Costs & Profit) only contain category totals.

Regarding Confidential Information: Avoid disclosing trade secrets and confidential information on any agreement document, since these documents are publicly accessible.

Rules for decimal places on values:
 Budget and Invoice values:
o Rounding of any values, as described below, should be performed using standard rounding practices. o For all currency rates (e.g., Direct Labor, and Unit Cost): Round to the cent ($0.01). o For all percentage rates (e.g., Fringe Benefits, Indirect Cost, and Profit): Round to a maximum of two decimal places of a percent (e.g., 25.12%). You can round to less if desired, such as one decimal place (e.g., 25.1%), or zero decimal places (e.g., 25%).

May 8, 2025 Page 1 of 10
Exhibit B - Agreement Budget
Instructions
ARV-24-017
City of Livermore

EXHIBIT A
133

EXHIBIT B
Template Version 6/5/2023 11/19/2024
Agreement Number
Name of Organization
Cost Category CEC Share Match Share Total
Direct Labor $ - $ 317,971 $ 317,971
Fringe Benefits $ - $ 184,238 $ 184,238
Total Labor $ - $ 502,209 $ 502,209
Travel $ - $ - $ -
Equipment $ 928,000 $ - $ 928,000
Materials/Miscellaneous $ - $ 135,000 $ 135,000
Subrecipients/Vendors $ 672,000 $ 2,295,000 $ 2,967,000 Total Other Direct Costs $ 1,600,000 $ 2,430,000 $ 4,030,000 Indirect Costs $ - $ 47,696 $ 47,696
Profit
(not allowed for grant recipients) $ - $ - $ -
Total Indirect and Profit $ - $ 47,696 $ 47,696
Grand Totals $ 1,600,000 $ 2,979,905 $ 4,579,905
Total CEC Reimbursable Funds Spent in California
or Paid to California-Based Entities
(if applicable)
$ -
Percentage of CEC Reimbursable Funds Spent in
California or Paid to California-Based Entities
Recipient
None
Date of Last Approved Agreement Budget Modification:

ARV-24-017
City of Livermore

AGREEMENT BUDGET
Category Budget
May 8, 2025 Page 2 of 10
Exhibit B - Agreement Budget
Category Budget
ARV-24-017
City of Livermore

EXHIBIT A
134

EXHIBIT B
Template Version 6/5/2023
CEC
Share
Match
Share Total
Grand Totals $ 317,971 $ 317,971

AGREEMENT BUDGET
Direct Labor (Unloaded)
ARV-24-017: City of Livermore
Date of Last Approved Agreement Budget Modification: 11/19/2024 May 8, 2025 Page 3 of 10
Exhibit B - Agreement Budget
Direct Labor
ARV-24-017
City of Livermore

EXHIBIT A
135

EXHIBIT B
Template Version 6/5/2023
CEC
Share
Match
Share Total
Grand Totals $ - $ 184,238 $ 184,238

AGREEMENT BUDGET
Fringe Benefits
ARV-24-017: City of Livermore
Date of Last Approved Agreement Budget Modification: 11/19/2024 May 8, 2025 Page 4 of 10
Exhibit B - Agreement Budget
Fringe Benefits
ARV-24-017
City of Livermore

EXHIBIT A
136

EXHIBIT B
Template Version 6/5/2023
CEC
Share
Match
Share Total
Grand Totals $ - $ - $ -

AGREEMENT BUDGET
Travel
ARV-24-017: City of Livermore
Date of Last Approved Agreement Budget Modification: 11/19/2024 May 8, 2025 Page 5 of 10
Exhibit B - Agreement Budget
Travel
ARV-24-017
City of Livermore

EXHIBIT A
137

EXHIBIT B
Reference
ID Task # Seller of item(s) Description Purpose # of Units Unit Cost Total:
# of Units x
Unit Cost
CEC
Share
Match
Share Total
Line Item
Revised Since
Last Approved
Budget?
Revision Notes
E-1 4 TBD Level 2 chargers Charging equipment 96.00 $8,000.00 $ 768,000 $768,000 -$ $ 768,000 Select Yes or No
E-2 4 TBD DCFCs Charging equipment 4.00 $40,000.00 $ 160,000 $160,000 -$ $ 160,000 Select Yes or No
E-3 0.00 -$ $ - $ - -$ $ -
Select Yes or
No
E-4 0.00 -$ $ - $ - -$ $ -
Select Yes or
No
E-5 0.00 -$ $ - $ - -$ $ -
Select Yes or
No
E-6 0.00 -$ $ - $ - -$ $ -
Select Yes or
No
E-7 0.00 -$ $ - $ - -$ $ -
Select Yes or
No
E-8 0.00 -$ $ - $ - -$ $ -
Select Yes or
No
E-9 0.00 -$ $ - $ - -$ $ -
Select Yes or
No
E-10 0.00 -$ $ - $ - -$ $ -
Select Yes or
No
E-11 0.00 -$ $ - $ - -$ $ -
Select Yes or
No
$ 928,000 -$ 928,000 $
Template Version 6/5/2023 Date of Last Approved Agreement Budget Modification: 11/19/2024 Grand Totals

AGREEMENT BUDGET
Equipment
ARV-24-017: City of Livermore
May 8, 2025 Page 6 of 10
Exhibit B - Agreement Budget
Equipment
ARV-24-017
City of Livermore

EXHIBIT A
138

EXHIBIT B
Template Version 6/5/2023
CEC
Share
Match
Share Total
Grand Totals $ - $ 135,000 $ 135,000
ARV-24-017: City of Livermore

AGREEMENT BUDGET
Materials & Miscellaneous
Date of Last Approved Agreement Budget Modification: 11/19/2024 May 8, 2025 Page 7 of 10
Exhibit B - Agreement Budget
Materials & Misc.

ARV-24-017
City of Livermore

EXHIBIT A
139

EXHIBIT B
Reference ID Task #
Subrecipient
(Please Use
Legal Name)
Enitity Number
(CA Secretary of State) Purpose
CA Business
Certifications DVBE/
SB/MB/None
CEC
Share
Match
Share Total
Line Item
Revised Since
Last Approved
Budget?
Revision Notes
S-1 None $ - $ - $ -
Select Yes or
No
S-2 None $ - $ - $ -
Select Yes or
No
$ - $ - $ -
Reference ID Task #
Vendor
(Please Use
Legal Name)
Enitity Number
(CA Secretary of State) Purpose
CA Business
Certifications DVBE/
SB/MB/None
CEC
Share
Match
Share Total
Line Item
Revised Since
Last Approved
Budget?
Revision Notes
V-1 1 TBD Support services for grant administration
and reporting None $ 201,500 $ 201,500 Select Yes or No V-2 2 TBD Engineering and design services None $200,000 $ 200,000 $ 400,000 Select Yes or No
V-3 3 TBD Technical services for scheduling and
sequencing construction activities None $ 25,000 - $ $ 25,000 Select Yes or No V-4 4 TBD Construction contract - Labor and
materials other than charging equipment. None $ 472,000 $ 1,708,500 $ 2,180,500 Select Yes or No V-5 5 TBD Technical services for activation and
training None $ 50,000 - $ $ 50,000 Select Yes or No
V-6 6 TBD Support and technical services for
maintenance records and reporting None $ 60,000 - $ $ 60,000 Select Yes or No V-7 7 TBD Support and technical services for data
collection and reporting None $ 30,000 - $ $ 30,000 Select Yes or No V-8 8 TBD Support and technical services for data
collection and reporting None $ 20,000 - $ $ 20,000 Select Yes or No V-9 None $ - $ - $ -
Select Yes or
No
$ 672,000 $ 2,295,000 $ 2,967,000
CEC
Share
Match
Share Total
$ 672,000 $ 2,295,000 $ 2,967,000
Template Version 6/5/2023 Date of Last Approved Agreement Budget Modification: 11/19/2024 Vendor Totals
Subrecipient Totals

AGREEMENT BUDGET
Subrecipients & Vendors
ARV-24-017: City of Livermore
Subrecipients
Vendors
Subrecipients & Vendors Grand Totals
Grand Totals
May 8, 2025 Page 8 of 10
Exhibit B - Agreement Budget
Subrecipients & Vendors
ARV-24-017
City of Livermore

EXHIBIT A
140

EXHIBIT B
Template Version 6/5/2023
CEC
Share
Match
Share Total
Indirect Costs Grand Totals $ 47,696 $ 47,696
CEC
Share
Match
Share Total
Profit Grand Totals $ - $ - $ -
Date of Last Approved Agreement Budget Modification: 11/19/2024 Profit
Indirect Cost(s)
CEC De Minimis Rate

AGREEMENT BUDGET
Indirect Costs and Profit
ARV-24-017: City of Livermore
May 8, 2025 Page 9 of 10
Exhibit B - Agreement Budget
Indirect Costs & Profit
ARV-24-017
City of Livermore

EXHIBIT A
141

EXHIBIT B
FROM
(Approved
Budget Totals)
TO
(Revised
Budget Totals)
Amount of
CEC Funds
Moving
Between
Categories
FROM
(Approved
Budget Totals)
TO
(Revised
Budget Totals)
Amount of
Match Funds
Moving
Between
Categories
Direct Labor $ - $ - $ - $ - $ - $ -
Fringe Benefits $ - $ - $ - $ - $ - $ -
Travel $ - $ - $ - $ - $ - $ -
Equipment $ - $ - $ - $ - $ - $ -
Materials/Misc. $ - $ - $ - $ - $ - $ -
Subrecipients/Vendors $ - $ - $ - $ - $ - $ -
Indirect Cost $ - $ - $ - $ - $ - $ -
Profit (not allowed for grant
recipients)
$ - $ -
$ -
$ - $ -
$ -
Totals $ - $ - $ - $ - $ - $ -
$ - $ -
$ - $ -
$ - $ -
Direct Labor $ - $ - $ - $ - $ - $ -
Fringe Benefits $ - $ - $ - $ - $ - $ -
Travel $ - $ - $ - $ - $ - $ -
Equipment $ - $ - $ - $ - $ - $ -
Materials/Misc. $ - $ - $ - $ - $ - $ -
Subrecipients/Vendors $ - $ - $ - $ - $ - $ -
Indirect Cost $ - $ - $ - $ - $ - $ -
Profit (not allowed for grant
recipients)
$ - $ -
$ -
$ - $ -
$ -
Totals $ - $ - $ - $ - $ - $ -
$ - $ -
$ - $ -
$ - $ -
Direct Labor $ - $ - $ - $ - $ - $ -
Fringe Benefits $ - $ - $ - $ - $ - $ -
Travel $ - $ - $ - $ - $ - $ -
Equipment $ - $ - $ - $ - $ - $ -
Materials/Misc. $ - $ - $ - $ - $ - $ -
Subrecipients/Vendors $ - $ - $ - $ - $ - $ -
Indirect Cost $ - $ - $ - $ - $ - $ -
Profit (not allowed for grant
recipients)
$ - $ -
$ -
$ - $ -
$ -
Totals $ - $ - $ - $ - $ - $ -
$ - $ -
$ - $ -
$ - $ -
Reallocation Increase Subtotal
Total Budget Reallocation Between Budget Categories
1 $0 $0 Select Yes or
No
Has this
budget been
approved by
the Division
Director
(DD)?**
ARV-24-017: City of Livermore

AGREEMENT BUDGET
Budget Updates after Agreement Execution
Date of Last Approved Agreement Budget Modification: 11/19/2024 CEC Share Funds Match Share Funds
All values should be rounded to the dollar ($1)
Reallocation Decrease Subtotal
Template Version 6/5/2023 Change # Date
Approved Budget Categories Brief Description of and Justification for Change Total
Amount of
CEC Funds
Moving
Between
Categories
Cumulative
CEC Total
(will reset
after DD
review)
2 $0 $0 Select Yes or
No
Reallocation Decrease Subtotal
Reallocation Increase Subtotal
Total Budget Reallocation Between Budget Categories
3 $0 $0 Select Yes or
No
Reallocation Decrease Subtotal
Reallocation Increase Subtotal
Total Budget Reallocation Between Budget Categories
May 8, 2025 Page 10 of 10
Exhibit B - Agreement Budget
Budget Updates
ARV-24-017
City of Livermore

EXHIBIT A
142
May 8, 2025 Page 1 of 40 ARV-24-017
CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025

EXHIBIT C

CLEAN TRANSPORTATION PROGRAM TERMS AND CONDITIONS

TABLE OF CONTENTS
SECTION PAGE NO.

1. Grant Agreement.................................................................................................... 3

2. Documents Incorporated by Reference ............................................................... 3

3. Funding Limitations............................................................................................... 4

4. Due Diligence ......................................................................................................... 4

5. Products.................................................................................................................. 4

6. Reports.................................................................................................................... 4

7. Publications - Legal Statement on Reports and Products ................................. 6

8. Changes to the Agreement.................................................................................... 6

9. Contracting and Procurement Procedures.......................................................... 8

10. Bonding and Insurance...................................................................................... 9

11. Permits and Clearances..................................................................................... 9

12. Equipment........................................................................................................... 9

13. Termination....................................................................................................... 10

14. Stop Work.......................................................................................................... 11

15. Travel and Per Diem......................................................................................... 11

16. Standard of Performance................................................................................. 11

17. Payment of Funds ............................................................................................ 12

18. Fiscal Accounting Requirements.................................................................... 15

19. Indemnification................................................................................................. 17

20. Workers' Compensation Insurance................................................................. 17

21. General Provisions........................................................................................... 18

22. Certifications and Compliance........................................................................ 19

23. Site Visits .......................................................................................................... 21

24. Confidential Recipient Information................................................................. 22

25. Receipt of Confidential Information and Personal Information.................... 22

26. Budget Contingency Clause............................................................................ 24

27. Public Works -- Payment of Prevailing Wages............................................... 24

28. Intellectual Property ......................................................................................... 27

29. Commission Remedies for Recipient’s Non-Compliance............................. 27

30. Assembly Bill 841 (2020).................................................................................. 27

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025

1. Decoupling Products from Invoices................................................................... 30

2. Quarterly Instead of Monthly Reports ................................................................ 30

3. New Requirement for Monthly Calls with the CAM ........................................... 30

4. Amendments and Other Changes ...................................................................... 30

5. Budgets and Payment of Funds ......................................................................... 33

6. Incurred Costs...................................................................................................... 37

7. Subrecipients and Vendors................................................................................. 38

8. Match Fund Timing .............................................................................................. 40

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025

TERMS AND CONDITIONS

1. Grant Agreement
This project is being funded with a grant from the California Energy Commission’s (Energy Commission) Clean Transportation Program.

This Agreement is comprised of the grant funding award, the Terms and Conditions, and all attachments. These Terms and Conditions are standard requirements for grant awards. The Energy Commission may impose additional special conditions in this grant Agreement that address the unique circumstances of this project. Special conditions that conflict with these standard provisions take precedence.

The Recipient’s authorized representative shall sign all copies of this Agreement and return all signed packages to the Energy Commission's Grants and Loans Office within 30 days. Failure to meet this requirement may result in the forfeiture of this award. When all required signatures are obtained, an executed copy will be returned to the Recipient.

The term of this Agreement or the Agreement Period is the length of this Agreement between the Energy Commission and the Recipient. Project means Recipient’s specific project that is funded in whole or in part by this Agreement. The Recipient’s project may coincide with or extend outside the Agreement Period.

All reimbursable work and/or the expenditure of funds must occur within the approved term of this Agreement. The Energy Commission cannot authorize any payments until all parties sign this Agreement.

2. Documents Incorporated by Reference
The documents below are incorporated by reference into this Agreement. These terms and conditions will govern in the event of a conflict with the documents below, with the exception of the documents in subsection (f). Where this Agreement or California laws and regulations are silent or do not apply, the Energy Commission will use the federal cost principles and acquisition regulations listed below as guidance in determining whether reimbursement of claimed costs is allowable.

Documents incorporated by reference include:

Solicitation Documents (if award is made through a competitive solicitation) a. The funding solicitation under which this Agreement was awarded b. The Recipient’s proposal submitted in response to the solicitation Federal Cost Principles (applicable to state and local governments, Indian tribes, institutions of higher education, and nonprofit organizations) c. 2 Code of Federal Regulations (CFR) Part 200, Subpart E (Sections 200.400 et seq.)

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025
Federal Acquisition Regulations (applicable to commercial organizations) d. 48 CFR, Ch.1, Subchapter E, Part 31, Subpart 31.2: Contracts with Commercial Organizations (supplemented by 48 CFR, Ch. 9, Subchapter E, Part 931, Subpart 931.2 for Department of Energy grants)
Nondiscrimination
e. 2 California Code of Regulations, Section 11099 et seq.: Contractor Nondiscrimination and Compliance
General Laws
f. Any federal, state, or local laws or regulations applicable to the project that are not expressly listed in this Agreement

3. Funding Limitations
Any federal, State, and local laws and regulations applicable to your project not expressly listed in this Agreement are incorporated herein as part of this Agreement.

4. Due Diligence
The Recipient is required to take timely actions which, taken collectively, move this project to completion. The Energy Commission Agreement Manager (CAM) will periodically evaluate the Schedule of Products and Due Dates for completion of the Statement of Work tasks. If the CAM determines (1) the Recipient is not being diligent in completing the tasks in the Statement of Work or (2) the time remaining in this Agreement is insufficient to complete all project work tasks by the approved Agreement end term date, the CAM may recommend that this Agreement be terminated, and the Agreement may, without prejudice to any of the Energy Commission’s remedies, be terminated.

5. Products
Products are defined as any tangible item specified in the Statement of Work.

Unless otherwise directed, draft copies of all products identified in the Work Statement shall be submitted to the CAM for review and comment. The Recipient will submit an original and two copies of the final version of all products to the CAM.

6. Reports
a. Progress Reports
The Recipient shall submit progress reports to the CAM as indicated in the Special Conditions or Work Statement. At a minimum, each progress report shall include the following:

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025
Work Statement: This section should include a brief restatement of the approved tasks in the Work Statement and a report on the status of each, including a discussion of any products due and whether or not the project is progressing according to schedule. This section also should include a discussion of any problems encountered, proposed changes to the tasks in the Work Statement, and anticipated accomplishments in the upcoming quarter.

Financial Status: This section should include a narrative report comparing costs incurred to date with the approved Budget. The report should state whether or not the project is progressing within the approved Budget and discuss any proposed changes.

Additional Information: Additional information may be required in the progress reports as specified in the Work Statement or Special Conditions. b. Final Reports (only if required in Exhibit A Scope of Work) A draft final report shall be submitted to the CAM in accordance with the currently approved Schedule of Products and Due Dates. At a minimum, the report shall include:
· Table of Contents.
· Abstract.
· A brief summary of the objectives of the project and how these objectives were accomplished.
· Any findings, conclusions, or recommendations for follow-up or ongoing activities that might result from the successful completion of the project.
· A statement of future intent of the grant Recipient to maintain or further develop the project.
· A consolidated list of subcontractors funded in whole or in part by the grant Recipient. Include the name, address, concise statement of work done, period, and value of each.
· Additional information as specified in this Agreement or as directed by the CAM.

The CAM will review the draft report. The Recipient will incorporate applicable comments and submit the final report (the original and two copies) to the CAM.

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025
d. Rights in Reports
The Energy Commission reserves the right to use and reproduce all reports and data produced and delivered pursuant to this Agreement, and reserves the right to authorize others to use or reproduce such materials. Each report becomes the property of the Energy Commission.
e. Failure to Comply with Reporting Requirements
Failure to submit a product required in the Scope of Work may be considered material noncompliance with the Agreement terms. Without prejudice to any other remedies, noncompliance may result in actions such as the withholding of future payments or awards, or the suspension or termination of the Agreement.

7. Publications - Legal Statement on Reports and Products The Recipient is encouraged to publish or otherwise make publicly available the results of the work conducted under the award.

No product or report produced as a result of work funded by this program shall be represented to be endorsed by the Energy Commission, and all such products or reports shall include the following statement:

LEGAL NOTICE
This document was prepared as a result of work sponsored by the California Energy Commission. It does not necessarily represent the views of the Energy Commission, its employees, or the State of California. The Energy Commission, the State of California, its employees, contractors, and subcontractors make no warranty, express or implied, and assume no legal liability for the information in this document; nor does any party represent that the use of this information will not infringe upon privately owned rights.

8. Changes to the Agreement
a. Procedure for Requesting Changes
The Recipient must submit a written request to the CAM for any change to the Agreement. The request must include:
· A brief summary of the proposed change;
· A brief summary of the reason(s) for the change;
· Justification for the change; and
· The revised section(s) of the Agreement, with changes made in underline/ strikethrough format.

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025
b. Approval of Changes
No amendment or variation of this Agreement shall be valid unless made in writing and signed by both of the parties except for the Commission’s termination rights in Section 13 of these terms. No oral understanding or agreement is binding on any of the parties. Changes to the Agreement must be approved at a Commission business meeting or by the Executive Director (or his/her designee).

The CAM or Commission Agreement Officer will provide the Recipient with guidance regarding the level of Commission approval required for a proposed change.
c. Personnel or Subcontractor Changes
All changes below require advance written approval by the CAM, in addition to the appropriate level of Commission approval as described in subsection (b).
1) Replacement of Key Personnel, Subcontractors, and Vendors The CAM must provide advance written approval of the replacement of personnel, subcontractors, and vendors who are identified in the Agreement and are critical to the outcome of the project, such as the Project Manager.
2) Assignment of New Personnel to an Existing Job Classification If the Recipient or a subcontractor seeks to assign new personnel to a job classification identified in Exhibit B, the Recipient or subcontractor must submit the individual’s resume and proposed job classification and rate to the CAM for approval. The proposed rate may not exceed the maximum rate identified for the job classification. Neither the Recipient nor any subcontractor may use the job classifications or rates of their subcontractors for personnel.

If the individual performs any work prior to the effective date of the amendment documenting the change, the Recipient will bear the expense of the work.
3) Promotion of Existing Personnel (Applies to Recipients and major subcontractors)
Promotion of existing Recipient and major subcontractor personnel to rates higher than those listed for their current classification in Exhibit B will not be approved. If the actual rates (e.g., direct labor rates, fringe benefit rates, and indirect rates) exceed the approved rates in the Budget, the difference may be charged to the agreement as a match share expenditure.
4) Addition of job classifications and changes in hours. 5) Increased direct operating expenses and rates that exceed the expenses and rates identified in Exhibit B.

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025

9. Contracting and Procurement Procedures
This section provides general requirements for an agreement between the Recipient and a third party (“subcontractor”).

Subcontracts must be submitted to the CAM for review, if requested. For subcontracts that are listed as “to be determined” in the Budget, the Recipient must submit a revised Budget to the CAM, identifying the subcontractor and specific items of cost expected to be incurred by that subcontractor. In addition, Recipient must have a fully executed subcontract before the subcontractor can incur any costs for which the Recipient will seek reimbursement.

The Recipient is required, where feasible, to employ contracting and procurement practices that promote open competition for all goods and services needed to complete this project. Recipient shall obtain price quotes from an adequate number of sources for all subcontracts.

The Energy Commission will defer to the Recipient's own regulations and procedures as long as they reflect applicable state and local laws and regulations and are not in conflict with the minimum standards specified in this Agreement.

Upon request, the Recipient must submit to the CAM a copy of all solicitations for services or products required to carry out the terms of this Agreement and copies of the proposals or bids received.

The Recipient is responsible for handling all contractual and administrative issues arising out of or related to any subcontracts it enters into under this Agreement.

All subcontracts must incorporate all of the following:
· A clear and accurate description of the material, products, or services to be procured as well as a detailed budget and timeline.
· Provisions that allow for administrative, contractual, or legal remedies in instances where subcontractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. · Provisions for termination by the Recipient, including termination procedures and the basis for settlement, and language conforming to the “Termination” provision related to Executive Order N-6-22 – Russia Sanctions. · Language conforming to the "Nondiscrimination" provision in this Agreement. · The Standard of Performance provisions specified in this Agreement. · Retention of Records provisions specified in this Agreement. · Audits provisions specified in this Agreement.
· Language conforming to the “Indemnification” provision in this Agreement. · Language conforming to the “Receipt of Confidential Information and Personal Information” provision in this Agreement.

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025
· Public Work -- Payment of Prevailing Wages Generally Required by Law provisions in this Agreement.
· Assembly Bill 841 (2020) provision specified in this Agreement.

Recipients who are subcontracting with University of California (UC) may use the terms and conditions negotiated by the Energy Commission with UC for their subcontracts. Recipients who are subcontracting with the Department of Energy (DOE) national laboratories may use the terms and conditions negotiated with DOE.

Without limiting any of the Commission’s other remedies, failure to comply with the above requirements may result in the termination of this Agreement.

10. Bonding and Insurance
The Recipient will follow its own bonding and insurance requirements relating to bid guarantees, performance bonds, and payment bonds without regard to the dollar value of the subcontract(s) as long as they reflect applicable state and local laws and regulations.

11. Permits and Clearances
The Recipient is responsible for ensuring all necessary permits and environmental documents are prepared and clearances are obtained from the appropriate agencies.

12. Equipment
Equipment is defined as having a useful life of at least one year, having an acquisition unit cost of at least $5,000, and purchased with Energy Commission funds.

Equipment means any products, objects, machinery, apparatus, implements or tools purchased, used or constructed within the Project, including those products, objects, machinery, apparatus, implements or tools from which over thirty percent (30%) of the equipment is composed of materials purchased for the Project. For purposes of determining depreciated value of equipment used in the Agreement, the Project shall terminate at the end of the normal useful life of the equipment purchased, funded and/or developed with Energy Commission funds. The Energy Commission may determine the normal useful life of such equipment.

Title to equipment acquired by the Recipient with grant funds shall vest in the Recipient. The Recipient shall use the equipment in the project or program for which it was acquired as long as needed, whether or not the project or program continues to be supported by grant funds, and the Recipient shall not encumber the property without CAM approval. When no longer needed for the original project or program, the Recipient shall contact the CAM for disposition instructions.

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025

13. Termination
This project may be terminated for any reason set forth below. a. With Cause
The Energy Commission may, for cause, terminate this Agreement upon giving five (5) calendar days advance written notice to the Recipient. In this event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations.

The term “for cause” includes but is not limited to the following:
· Partial or complete loss of match funds;
· Reorganization to a business entity unsatisfactory to the Energy Commission;
· Retention or hiring of subcontractors, or replacement or addition of personnel, that fail to perform to the standards and requirements of this Agreement;
· The Recipient’s inability to pay its debts as they become due and/or the Recipient’s default of an obligation that impacts its ability to perform under this Agreement; or
· Significant change in state or Energy Commission policy such that the work or product being funded would not be supported by the Commission.
b. Without Cause
The Energy Commission may terminate this Agreement without cause upon giving thirty (30) days advance written notice to the Recipient. In this event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations.
c. Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6- 22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Recipient is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide
Recipient advance written notice of such termination, allowing Recipient at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025

14. Stop Work
Energy Commission staff may, at any time, by written notice to Recipient, require Recipient to stop all or any part of the work tasks in this Agreement. Stop work orders may be issued for reasons such as a project exceeding budget, standard of performance, out of scope work, delay in Project schedule, misrepresentations and the like.
a. Compliance. Upon receipt of such stop work order, Recipient shall immediately take all necessary steps to comply therewith and to stop the incurrence of costs allocable to the Energy Commission. b. Canceling a Stop Work Order. Recipient shall resume the work only upon receipt of written instructions from Energy Commission staff.

15. Travel and Per Diem
a. The Recipient shall be reimbursed for travel and per diem expenses using the same rates provided to non-represented State employees. The Recipient must pay for travel in excess of these rates. The Recipient may obtain current rates from the Energy Commission’s Web Site at:
http://www.energy.ca.gov/contracts/TRAVEL_PER_DIEM.PDF. b. For purposes of payment, Recipient's headquarters shall be considered the location of the Recipient's office where the employees’ assigned responsibilities for this award are permanently assigned. c. Travel identified in the Budget section of this Agreement is approved and does not require further authorization.
d. Travel that is not included in the Budget section of this Agreement shall require written authorization from the CAM and Commission Agreement Officer prior to travel departure. The Energy Commission will reimburse travel expenses from the Recipient's office location.
e. The Recipient must retain documentation of travel expenses in its financial records. The documentation must be listed by trip and include dates and times of departure and return, departure and destination cities. Travel receipts, including for travel meals and incidentals, shall be submitted with payment requests requesting reimbursement from the Energy Commission.

16. Standard of Performance
Recipient, its subcontractors and their employees, in the performance of Recipient's work under this Agreement shall be responsible for exercising the degree of skill and care required by customarily accepted good professional practices and procedures used in the Recipient’s field.

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025
Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re-performance of the work, as directed by CAM, shall be borne in total by Recipient and not the Energy Commission. The failure of a project to achieve the performance goals and objectives stated in the Work Statement is not a basis for requesting re-performance unless the work conducted by Recipient and/or its subcontractors is deemed by the Energy Commission to have failed the foregoing standard of performance.

In the event Recipient/subcontractor fails to perform in accordance with the above standard:
a. Recipient/subcontractor will re-perform, at its own expense, any task which was not performed to the reasonable satisfaction of the CAM. Any work reperformed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved.

Recipient/subcontractor shall work any overtime required to meet the deadline for the task at no additional cost to the Energy Commission; b. The Energy Commission shall provide a new schedule for the re-performance of any task pursuant to this paragraph in the event that re-performance of a task within the original time limitations is not feasible; and c. The Energy Commission shall have the option to direct Recipient/subcontractor not to re-perform any task which was not performed to the reasonable satisfaction of the CAM pursuant to application of (a) and (b) above. In the event the Energy Commission directs
Recipient/subcontractor not to re-perform a task, the Energy Commission and Recipient shall negotiate a reasonable settlement for satisfactory work performed. No previous payment shall be considered a waiver of the Energy Commission's right to reimbursement.

Nothing contained in this section is intended to limit any of the rights or remedies which the Energy Commission may have under law.

17. Payment of Funds
The Energy Commission agrees to reimburse the Recipient for actual allowable expenditures incurred in accordance with the Budget. The rates in the Budget are rate caps, or the maximum amount allowed to be billed.

The Recipient can only bill for actual expenses incurred at the Recipient’s actual rates not to exceed the rates specified in the Budget (e.g., direct labor rates, fringe benefit rates, and indirect rates). For example, if the Budget includes an employee’s hourly rate of $50/hour but the employee is only paid $40/hour, the Recipient can only bill for $40/hour. Under the same example, if the employee earned $70/hour but the Budget only lists $50/hour, the Recipient can only bill for $50. Another example is if the maximum fringe benefit rate listed in the Budget is 20% but the Recipient’s actual fringe benefit rate is only 15%, the Recipient can only bill at 15%. If the actual rates (e.g., direct labor rates, fringe benefit rates, and indirect rates) exceed the approved rates in the Budget, the difference may be charged to the agreement as a match share expenditure.

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025
a. Payment Requests
The Recipient may request payment from the Energy Commission at any time during the term of this Agreement. The final payment request must be received by either (1) the approved Agreement end term date, or (2) the date specified in the Special Terms and Conditions of this Agreement (if any), whichever is earlier.

Payments will generally be made on a reimbursement basis for Recipient expenditures, i.e., after the Recipient has incurred the cost for a service, product, supplies, or other approved budget item. No reimbursement for food or beverages shall be made other than allowable per diem charges.

Funds in this Agreement have a limited period in which they must be expended. All Recipient expenditures must occur within the approved term of this Agreement.
b. Documentation
All payment requests must be submitted using a completed Payment Request form. This form must be accompanied by an itemized list of all charges and copies of all receipts or invoices necessary to document these charges for both Energy Commission and match share, including backup documentation for actual expenditures, such as time cards, vendor invoices, and proof of payment. Any payment request that is submitted without the itemization will not be authorized. If the itemization or documentation is incomplete, inadequate, or inaccurate, the CAM will inform the Recipient via a Dispute Notification Form (Std. 209) and hold the invoice until all required information is received or corrected. Any penalties imposed on the Recipient by a subcontractor because of delays in payment will be paid by the Recipient.

Any documentation in foreign currency must be converted to dollars, and the conversion rate must be included in your itemization.
c. Certification
The following certification shall be included on each Payment Request form and signed by the Recipient’s authorized officer:

I certify that this invoice is correct and proper for payment, and reimbursement for these costs has not and will not be
received from any other sources, including but not limited to a government entity contract, subcontract or other procurement method.

Additional certification required related to the payment of prevailing wages. Refer to section 26 of these terms and conditions for more information.

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025
d. Government Entity
Government Entity is defined as a governmental agency from California or any state or a state college or state university from California or any state; a local government entity or agency, including those created as a Joint Powers Authority; an auxiliary organization of the California State University or a California community college; the Federal Government; a foundation organized to support the Board of Governors of the California Community Colleges or an auxiliary organization of the Student Aid Commission established under Education Code 69522.
e. Release of Funds
The CAM will not process any payment request during the Agreement term until the following conditions have been met:
· All required reports have been submitted and are satisfactory to the CAM.
· All applicable special conditions have been met.
· All appropriate permits or permit waivers from governmental agencies have been issued to the Recipient and copies have been received by the CAM.
· All products due have been submitted and are satisfactory to the CAM. · Other prepayment conditions as may be required by the CAM have been met. Such conditions will be specified in writing ahead of time, if possible.
f. Fringe Benefits, Indirect Overhead, and General and Administrative (G&A), Indirect cost rates must be developed in accordance with generally accepted accounting principles. If the Recipient has an approved fringe benefits or indirect cost rate (indirect overhead or G&A) from their cognizant Federal Agency, the Recipient may bill at the federal rate up to the Budget rate caps if the following conditions are met:
· The Recipient may bill at the federal provisional rate but must adjust annually to reflect their actual final rates for the year in accordance with the Labor, Fringe, and Indirect Invoicing Instructions which can be accessed in this agreement.
· The cost pools used to develop the federal rates must be allocable to the Energy Commission Agreement, and the rates must be
representative of the portion of costs benefiting the Energy Commission Agreement. For example, if the federal rate is for manufacturing overhead at the Recipient’s manufacturing facility and the Energy Commission Agreement is for research and development at their research facility, the federal indirect overhead rate would not be applicable to the Energy Commission Agreement.

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· The federal rate must be adjusted to exclude any costs that are specifically prohibited in the Energy Commission Agreement. · The Recipient may only bill up to the Agreement Budget rate caps unless and until an amendment to the Agreement Budget is approved. g. Retention
It is the Energy Commission's policy to retain 10 percent of any payment request or 10 percent of the total Energy Commission award at the end of the project. After the project is complete the Recipient must submit a completed payment request form requesting release of the retention. The CAM will review the project file and, when satisfied that the terms of the funding Agreement have been fulfilled, will authorize release of the retention. h. State Controller’s Office
Payments are made by the State Controller’s Office.

18. Fiscal Accounting Requirements
a. Accounting and Financial Methods
The Recipient shall establish a separate ledger account or fund for receipt and disbursement of Energy Commission funds for each project funded by the Energy Commission. Expenditure details must be maintained in accordance with the approved budget details using appropriate accounting practices. b. Retention of Records
The Recipient shall retain all project records (including financial records, progress reports, and payment requests) for a minimum of three (3) years after the final payment has been received or three years after the federal grant term, whichever is later, unless otherwise specified in the funding Agreement.

Records for nonexpendable personal property acquired with grant funds shall be retained for three years after its final disposition or three years after the federal grant term, whichever is later.
c. Audits
Upon written request from the Energy Commission, the Recipient shall provide detailed documentation of all expenses at any time throughout the project. In addition, the Recipient agrees to allow the Energy Commission or any other agency of the State, or their designated representative, upon written request, to have reasonable access to and the right of inspection of all records that pertain to the project during the term of this Agreement and for a period of three (3) years thereafter or three years after the federal grant term, whichever is later, unless the Energy Commission notifies the Recipient, prior to the expiration of such three-year period, that a longer period of record retention is necessary. Further, the Recipient agrees to incorporate an audit of this project within any scheduled audits, when specifically requested by the State. Recipient agrees to include a similar right to audit in any subcontract.

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Recipients are strongly encouraged to conduct annual audits in accordance with the single audit concept. The Recipient should provide two copies of the independent audit report and any resulting comments and correspondence to the CAM within 30 days of the completion of such audits. d. Match Share Requirements
Match Share means cash or in-kind (non-cash) contributions provided by Recipient, subcontractors or third parties that will be used in performance of this Agreement.

The Recipient agrees to provide the Minimum Match Share Percentage of Total Allowable Project Costs, even if the Agreement is terminated early or otherwise ends before project completion. The Minimum Match Share Percentage is the Minimum Match Share Required (as specified on the CEC146) divided by the Total of Reimbursable Amount and Minimum Match Share Required (as specified on the CEC-146). Total Allowable Project Costs is the sum of all actual, allowable costs incurred in performance of the Agreement and approved by the Energy Commission.

For example, if the CEC-146 specifies the following,
Reimbursable Amount
$200,000
Minimum Match Share Required
$50,000
Total of Reimbursable Amount and Minimum Match Share Required $250,000
Minimum Match Share Percentage of Total Allowable Project Costs 20%
the Recipient agrees to be liable for a minimum of 20% ($50,000 divided by $250,000) of Total Allowable Project Costs. In this example and at the end of the agreement, if Total Allowable Project Costs is $125,000, the Recipient shall have provided a minimum of $25,000 ($125,000 times 20%) as match share.

Without limiting any of the Energy Commission’s other rights or remedies, the Recipient agrees that if it fails to provide the Minimum Match Share Percentage of Total Allowable Project Costs, and if requested by the Energy Commission, the Recipient shall repay an amount to ensure the Recipient provides, at a minimum, the Minimum Match Share Percentage of Total Allowable Project Costs.

For example, and building upon the previous example, if:

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025
A. Energy Commission funds disbursed = $110,000
B. Match Share Documented and Approved = $15,000
C. Total Allowable Project Costs = $125,000 (Line A plus Line B) D. Minimum Match Share Percentage of Total Allowable Project Costs = 20%
E. Minimum Match Share Amount Required = $25,000 (Line C multiplied by Line D)
the Energy Commission may request, and the Recipient would be required to repay upon such request, $10,000 (Line E minus Line B) to the Energy Commission.

The maximum amount to be reimbursed by the Energy Commission under this Agreement is the Reimbursable Amount specified on the CEC-146. The Energy Commission award amount is fixed and will not be augmented. If actual Total Allowable Project Costs exceed estimated Total Allowable Project Costs, the Recipient is responsible for those additional costs.

The Recipient must maintain accounting records detailing the expenditure of the Match Share and provide documentation of expenditures as described in this Agreement (e.g., under this Exhibit C “Payment of Funds” and “Fiscal Accounting Requirements”).

In the event of any conflict or inconsistency between the Minimum Match Share Required specified on the CEC-146 and the Match Share specified on other Exhibits to this Agreement, the Minimum Match Share Required specified on the CEC-146 shall control.

19. Indemnification
The Recipient agrees to indemnify, defend, and save harmless the State, its officers, agents, and employees from any and all claims and losses accruing or resulting to Recipient and to any and all contractors, subcontractors, materialmen, laborers, and any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the Recipient in the performance of this Agreement.

20. Workers' Compensation Insurance
a. Recipient hereby warrants that it carries Worker's Compensation Insurance for all of its employees who will be engaged in the performance of this Agreement and agrees to furnish to the CAM satisfactory evidence of this insurance at any time the CAM may request.

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b. If Recipient is self-insured for worker's compensation, it hereby warrants such self-insurance is permissible under the laws of the State of California and agrees to furnish to the CAM satisfactory evidence of this insurance at any time the CAM may request.

21. General Provisions
a. Governing Law
It is hereby understood and agreed that this Agreement shall be governed by the laws of the State of California as to interpretation and performance. b. Independent Capacity
The Recipient, and the agents and employees of the Recipient, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the Energy Commission. c. Assignment
Without the written consent of the Energy Commission in the form of a formal written amendment, this Agreement is not assignable or transferable by Recipient either in whole or in part.
d. Timeliness
Time is of the essence in this Agreement.
e. Unenforceable Provision
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. f. Waiver
No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement shall be taken and construed as cumulative, that is, in addition to every other remedy provided therein or by law.
g. Assurances
The Energy Commission reserves the right to seek further written assurances from the Recipient and its team that the work of the project under this Agreement will be performed consistent with the terms of the Agreement. h. Change in Business
(1) Recipient shall promptly notify the Energy Commission of the occurrence of each of the following:
(a) A change of address.
(b) A change in the business name or ownership.

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(c) The existence of any litigation or other legal proceeding affecting the project.
(d) The occurrence of any casualty or other loss to project personnel, equipment or third parties of a type commonly covered by insurance.
(e) Receipt of notice of any claim or potential claim against Recipient for patent, copyright, trademark, service mark and/or trade secret infringement that could affect the Energy
Commission’s rights.
(2) Recipient shall not change or reorganize the type of business entity under which it does business except upon prior written notification to the Energy Commission. A change of business entity or name change requires an amendment assigning or novating the Agreement to the changed entity. In the event the Energy Commission is not satisfied that the new entity can perform as the original Recipient, the Energy Commission may terminate this Agreement as provided in the termination paragraph.
i. Survival of Terms
It is understood and agreed that certain provisions shall survive the completion or termination date of this Agreement for any reason. The provisions include, but are not limited to:
· “Payments of Funds”
· “Equipment”
· “Change in Business”
· “Termination”
· “Audit”
· “Indemnification”
· “Fiscal Accounting Requirements”
· “Receipt of Confidential Information and Personal Information”

22. Certifications and Compliance
a. Federal, State and Municipal Requirements
Recipient must obtain any required permits and shall comply with all applicable federal, State, and municipal laws, rules, codes, and regulations for work performed under this Agreement.

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b. Nondiscrimination Statement of Compliance
During the performance of this Agreement, Recipient and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), medical condition (cancer), age, marital status, and denial of family care leave. Recipient and its subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. Recipient and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations are incorporated into this Agreement by reference and made a part of it as if set forth in full. Recipient and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

The Recipient shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
c. Drug-Free Workplace Certification
By signing this Agreement, the Recipient hereby certifies under penalty of perjury under the laws of the State of California that the Recipient will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions:
(1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations as required by Government Code Section 8355(a)(1).
(2) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
· The dangers of drug abuse in the workplace;
· The person's or organization's policy of maintaining a drug-free workplace;
· Any available counseling, rehabilitation, and employee assistance programs; and

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· Penalties that may be imposed upon employees for drug abuse violations.
(3) Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed project:
· Will receive a copy of the company's drug-free policy statement; · Will agree to abide by the terms of the company's statement as a condition of employment on the project.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future State awards if the Energy Commission determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
d. Child Support Compliance Act (Applicable to California Employers) For any Agreement in excess of $100,000, the Recipient acknowledges that:
· It recognizes the importance of child and family support obligations and shall fully comply with all applicable State and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and · To the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
e. Americans with Disabilities Act
By signing this Agreement, Recipient assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA.

23. Site Visits
The Energy Commission and/or its designees have the right to make site visits at reasonable times to review project accomplishments and management control systems and to provide technical assistance, if required. Recipient must provide and must require subawardees to provide reasonable facilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations must be performed in a manner that does not unduly interfere with or delay the work.

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24. Confidential Recipient Information
a. Identification of Confidential Recipient Information For the purposes of this Section, “Confidential Recipient Information” refers to information belonging to the Recipient that the Recipient has satisfactorily identified as confidential and the Energy Commission has agreed to designate as confidential under Title 20 California Code of Regulations Section 2505. If applicable, all Recipient information considered confidential at the commencement of this Agreement is designated in an Attachment to this Exhibit.
b. Confidential Deliverables: Labeling and Submitting Confidential Recipient Information
Prior to the commencement of this Agreement, if applicable, the parties have identified in the Attachment to this Exhibit, specific Confidential Recipient Information to be provided as a deliverable. All such confidential deliverables shall be marked, by the Recipient, as “Confidential” on each page of the document containing the Confidential Recipient Information and presented in a sealed package to the Commission Agreement Officer. (Non-confidential deliverables are submitted to the Accounting Office.) All Confidential Recipient Information will be contained in the “confidential” volume: no Confidential Recipient Information will be in the “public” volume.
c. Submittal of Unanticipated Confidential Recipient Information as a Deliverable The Recipient and the Energy Commission agree that during this Agreement, it is possible that the Recipient may obtain or develop additional data or information not originally identified as a confidential deliverable. In this case, Recipient shall follow the procedures for a request for designation of Confidential Information specified in 20 CCR 2505. The Energy Commission’s Executive Director makes the determination of confidentiality. Such subsequent determinations may be added to the list of confidential deliverables in an Attachment to this Exhibit.
d. Disclosure of Confidential Recipient Information
Disclosure of Confidential Recipient Information by the Energy Commission may only be made pursuant to 20 CCR 2506 and 2507. All confidential data, records or deliverables that are legally disclosed by the Recipient or any other entity become public records and are no longer subject to the above confidentiality designation.

25. Receipt of Confidential Information and Personal Information a. For the purposes of this Section, “confidential information” refers to information the Energy Commission has designated as confidential pursuant to Title 20 CCR Section 2505 et seq., information the Energy Commission has otherwise deemed or stated to be confidential, and other information exempt from public disclosure under the provisions of the California Public Records Act or other applicable state or federal laws.

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b. For the purposes of this Section, “personal information” refers to information that meets the definition of “personal information” in California Civil Code section 1798.3(a) or one of the data elements set forth in California Civil Code section 1798.29(g)(1) or (g)(2). Personal information is a type of confidential information and is therefore subject to all requirements for confidential information provided in this Agreement and applicable law. However, there are additional requirements specific to personal information.
c. For the purposes of this Section, “special terms for confidential information” refers to the Energy Commission’s special terms and conditions for the receipt of confidential information and personal information. The Energy Commission’s special terms for confidential information include, but are not limited to, having in place an Information Security Program Plan and obtaining nondisclosure agreements from all individuals who will be provided access to confidential information or personal information.
d. If the Recipient will receive confidential information or personal information from the Energy Commission or a third-party for the performance of this Agreement, the Recipient must first agree to and comply with the Energy Commission’s special terms for confidential information. e. If any other individual or entity participating in any way with this Agreement, including but not limited to subcontractors, subawardees, vendors, and other project partners, will receive confidential information or personal information from the CEC or a third-party for the performance of this Agreement, that individual or entity must first agree to and comply with the CEC’s special terms for confidential information. The Recipient must flow-down the CEC’s special terms for confidential information into each subcontract, subaward, vendor agreement, or other project partner agreement that will be provided access to confidential information or personal information before the individual or entity has access to any such information. Recipient must also require all individuals and entities to flowdown this Section to any lower tier subcontractors, subawardees, vendors, project partners, and other individual or entity participating in any way with this Agreement that will be provided access to Confidential Information or Personal Information before the individual or entity has access to any such information.
f. If this Agreement does not include the Energy Commission’s special terms for confidential information and the Energy Commission determines the Recipient or any other individual or entity participating in any way with this Agreement will receive confidential information or personal information from the Energy Commission or a third-party for the performance of this Agreement, the Energy Commission reserves the option to amend this Agreement to add its special terms for confidential information.

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g. Except as provided in Title 20 CCR Sections 2506, 2507, and 2508, and the Energy Commission’s special terms for confidential information, Recipient or any other individual or entity participating in any way with this Agreement may not disclose any information provided to it by the Energy Commission or a third party for the performance of this Agreement if the information has been designated as confidential or is the subject of a pending application for confidential designation.

26. Budget Contingency Clause
It is mutually agreed that this Agreement shall be of no further force and effect if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the work identified in the Scope of Work. In this event, the Energy Commission shall have no liability to pay any funds whatsoever to the Recipient or to furnish any other consideration under this Agreement, and the Recipient shall not be obligated to perform any provisions of this Agreement.

If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the Energy Commission shall have the option to either: 1) cancel this Agreement with no liability occurring to the Energy Commission; or 2) offer an Agreement Amendment to the Recipient to reflect the reduced amount.

27. Public Works -- Payment of Prevailing Wages
Generally Required by Law
Projects that receive an award of public funds from the Energy Commission often involve construction, alteration, demolition, installation, repair or maintenance work over $1,000.

NOTE: Projects that receive an award of public funds from the Energy Commission are likely to be considered public works under the California Labor Code. See Chapter 1 of Part 7 of Division 2 of the California Labor Code, commencing with Section 1720 and Title 8, California Code of Regulations, Chapter 8, Subchapter 3, commencing with Section 16000.

Accordingly, the Energy Commission assumes that all projects it funds are public works. Projects deemed to be public works require among other things the payment of prevailing wages.

NOTE: Prevailing wage rates can be significantly higher than non-prevailing wage rates.

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By accepting this Agreement, Recipient as a material term of this Agreement shall be fully responsible for complying with all California public works requirements including but not limited to payment of prevailing wage. Therefore, as a material term of this Agreement, Recipient must either:
(a) Proceed on the assumption that the project is a public work and ensure that:
(i) prevailing wages are paid; and
(ii) the project budget for labor reflects these prevailing wage requirements; and
(iii) the project complies with all other requirements of prevailing wage law including but not limited to keeping accurate payroll records, and complying with all working hour requirements and apprenticeship obligations;
or,
(b) Timely obtain a legally binding determination from DIR or a court of competent jurisdiction before work begins on the project that the proposed project is not a public work.

NOTE: Only the California Department of Industrial Relations (DIR) and courts of competent jurisdiction have jurisdiction to issue legally binding determinations that a particular project is or is not a public work.

If the Recipient is unsure whether the project receiving this award is a “public work” as defined in the California Labor Code, it may wish to seek a timely determination from the California Department of Industrial Relations (DIR) or an appropriate court.

NOTE: Such processes can be time consuming and therefore it may not be possible to obtain a timely determination before the date for performance of the award commences.

If the Recipient does not timely obtain a binding determination from DIR or a court of competent jurisdiction that the project is not a public work, before this Agreement from the Energy Commission is executed, the Recipient shall assume that the project is a public work and that payment of prevailing wages is required and shall pay prevailing wages unless and until such time as the project is subsequently determined to not be a public work by DIR or a court of competent jurisdiction.

NOTE: California Prevailing Wage law provides for substantial damages and financial penalties for failure to pay prevailing wages when payment of prevailing wages is required.

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Subcontractors and Flow-down Requirements. Recipient shall ensure that its subcontractors, if any, also comply with above requirements with respect to public works/prevailing wage. Recipient shall ensure that all agreements with its contractors/subcontractors to perform work related to this Project contain the above terms regarding payment of prevailing wages on public works projects.

Recipient shall be responsible for any failure of Recipient’s subcontractors to comply with California prevailing wage and public works laws.

Indemnification and Breach. Any failure of Recipient or its subcontractors to comply with the above requirements shall constitute a breach of this Agreement that excuses the Energy Commission’s performance of this Agreement at the Energy Commission’s option, and shall be at Recipient’s sole risk. In such a case, Energy Commission may refuse payment to Recipient of any amount under this Agreement and Energy Commission shall be released, at its option, from any further performance of this award or any portion thereof. By accepting this Agreement, and as a material term of this Agreement, Recipient agrees to indemnify the Energy Commission and hold the Energy Commission harmless for any and all financial consequences arising out of or resulting from the failure of Recipient and/or any of Recipient’s subcontractors to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law.

Budget. Recipient’s budget on public works projects must indicate which job classifications are subject to prevailing wage. For detailed information about prevailing wage and the process to determine if the proposed project is a public work, Recipient may wish to contact the California Department of Industrial Relations (DIR) or a qualified labor attorney of their choice for guidance.

Covered Trades. For public works projects, Recipient may contact DIR for a list of covered trades and the applicable prevailing wage.

Questions. If Recipient has any questions about this contractual requirement or the wage, record keeping, apprenticeship or other significant requirements of California prevailing wage law, it is recommended that Recipient consult DIR and/or a qualified labor attorney of its choice before accepting this Agreement.

Certification. Recipient shall certify to the Energy Commission on each Payment Request Form, either that (1) prevailing wages were paid to eligible workers who provided labor for work covered by the payment request and that the Recipient and all contractors and subcontractors otherwise complied with all California prevailing wage laws, or (2) that the project is not a public work requiring the payment of prevailing wages. In the latter case, Recipient shall provide competent proof of a DIR or court determination that the project is not a public work requiring the payment of prevailing wages.

Prior to the release of any retained funds under this Agreement, the Recipient shall submit to the Energy Commission the above-described certificate signed by the Recipient and all contractors and subcontractors performing public works activities on the project. Absent such certificate, Recipient shall have no right to any funds under this Agreement, and Energy Commission shall be relieved of any obligation to pay said funds.

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28. Intellectual Property
The Energy Commission makes no claim to intellectual property developed under this Agreement that is not specified for delivery, except as expressly provided herein.

29. Commission Remedies for Recipient’s Non-Compliance
Without limiting any of its other remedies, the Commission may, for Recipient’s noncompliance of any Agreement requirement, withhold future payments, demand and be entitled to repayment of past reimbursements, or suspend or terminate this Agreement. The tasks in the Scope of Work are non-severable, and completion of all of them is material to this Agreement. Thus, the Commission, without limiting its other remedies, is entitled to repayment of all funds paid to Recipient if the Recipient does not timely complete all tasks in the Scope of Work.

30. Assembly Bill 841 (2020)
By signing this Agreement, Recipient as a material term of this Agreement shall be fully responsible for complying with this section. AB 841 (Ting, 2020) added Public Utilities Code (PUC) section 740.20, which requires Electric Vehicle Infrastructure Training Program (EVITP) certification to install electric vehicle charging infrastructure and equipment for work performed on or after January 1, 2022, subject to certain exceptions. As a policy matter, the CEC is applying the EVITP certification requirements to project work funded under this Agreement, regardless of whether it might be performed prior to January 1, 2022, unless an exception applies.

Therefore, applying PUC 740.20 EVITP requirements to this Agreement means that all electric vehicle charging infrastructure and equipment located on the customer side of the electrical meter shall be installed by a contractor with the appropriate license classification, as determined by the Contractors’ State License Board, and at least one electrician on each crew, at any given time, who holds an EVITP certification. Projects that include installation of a charging port supplying 25 kilowatts or more to a vehicle must have at least 25 percent of the total electricians working on the crew for the project, at any given time, who hold EVITP certification. One member of each crew may be both the contractor and an EVITP certified electrician. The requirements stated in this paragraph do not apply to any of the following:
(1) Electric vehicle charging infrastructure installed by employees of an electrical corporation or local publicly owned electric utility.
(2) Electric vehicle charging infrastructure funded by moneys derived from credits generated from the Low Carbon Fuel Standard Program (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations).

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(3) Single-family home residential electric vehicle chargers that can use an existing 208/240-volt outlet.

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EXHIBIT C- APPENDIX 1

STREAMLINING GRANT TERMS AND CONDITIONS
The California Energy Commission (CEC) has undergone a significant effort to improve its grant agreements across its programs. Until the CEC is able to revise all of its standard terms and conditions templates to implement these improvements, the CEC is adding this Exhibit C Appendix to new grant agreements. The CEC acknowledges that terms in this Appendix will conflict with some of the terms and other requirements in the grant agreement. Accordingly, where there is a conflict, the CEC and Recipient agree that this Appendix controls. Outside of the changes made by this Appendix, all other grant terms and requirements remain unchanged.

Acronyms and Terms Used in this Document and Their Meaning Acronym/
Term Meaning
Agreement The grant agreement executed between the CEC and the Recipient.

Budget
Categories
Means the following categories in Exhibit B, Budget: Direct Labor, Fringe Benefits, Travel, Equipment, Materials and Miscellaneous, Subrecipients and Vendors (formerly Subcontractors), and Indirect Costs and Profit.

CAM Commission Agreement Manager
CEC California Energy Commission
Existing
Terms
The terms that might be found in any of the CEC grant agreements in any of its programs, including the terms for this Agreement.

Incurred Costs An expense for which the Recipient has become liable (legally obligated) to pay.

MTDC Modified Total Direct Costs, which means all direct salaries and wages, applicable fringe benefits, materials and supplies, services, vendors, travel, and up to the first $50,000 of each subrecipient agreement. MTDC excludes equipment, capital expenditures, rental costs, tuition remission, scholarships and fellowships, and the portion of each subrecipient agreement in excess of $50,000.

Paid Costs An expense for which the Recipient has already made payment.

Recipient The entity that executed this Agreement with the CEC.

Subaward For the Recipient, a Subaward means all agreements it has with Subrecipients and Vendors. For a Subrecipient, a Subaward means all agreements it has with Sub-Subrecipients and Vendors. For any lowertiered level of Sub-Subrecipient, a Subaward means all agreements it has with its own Sub-Subrecipients and Vendors.

Subrecipient
(formerly
Subcontractor)
A person or entity that receives grant funds directly from the Recipient and is entrusted by the Recipient to make decisions about how to conduct some of the grant’s activities. A Subrecipient’s role involves discretion over grant activities and is not merely just selling goods or services.

SubSubrecipient Has the same meaning as a Subrecipient except that it receives grant funds from a Subrecipient or any lower tier level of a Sub-Subrecipient.

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Acronym/
Term Meaning
Vendor A person or entity that sells goods or services to the Recipient, Subrecipient, or any lower-tiered level of Sub-Subrecipient, in exchange for some of the grant funds, and does not make decisions about how to perform the grant’s activities. The Vendor’s role is ministerial and does not involve discretion over grant activities.

These Terms The terms in this document titled “Streamlining Grant Terms and Conditions.”

1. Decoupling Products from Invoices
Existing Terms typically require grant recipients to submit products with invoices. This is no longer required. Recipients can separately submit products and invoices.

2. Quarterly Instead of Monthly Reports
Most grants include within their scopes of work an administrative task requiring grant recipients to submit monthly progress reports, often concurrent with submission of an invoice. This is no longer required. Instead, Recipients will now submit progress reports quarterly instead of monthly. Unless a different arrangement is discussed with and approved by the Commission Agreement Manager (CAM) in writing, which can be done without amending these terms (e.g., as simple as an email from the CAM), quarterly means by the tenth day of each January, April, July, and October.

3. New Requirement for Monthly Calls with the CAM
Instead of monthly progress reports currently required under Task 1, Recipients shall participate in brief phone calls that will occur at least monthly and which will be initiated by the CAM to briefly discuss project progress and identify any emerging issues.

Monthly calls might not be held on those months when a quarterly progress report is submitted or the CAM determines that a monthly call is unnecessary.

4. Amendments and Other Changes
Existing Terms typically require a written amendment signed by both the CEC and Recipient for any change to the grant agreement. In contrast, These Terms allow certain changes, as described in this document, to be made to this Agreement without a formal amendment.

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A. Budget Reallocations
No CEC approval is needed for a Recipient, Subrecipient, or any lower-tiered level of Sub-Subrecipient to move funds within each of the following Budget Categories listed in the Exhibit B: Direct Labor, Fringe Benefits, Travel, Equipment, Materials and Miscellaneous, Subrecipients, and Indirect Costs. (However, please note that per section 4.B. below, any new M&M, Equipment, Subrecipient or Vendor not listed in the budget does need to be approved prior to reimbursement.) If the Recipient wants to move funds between Budget Categories or submits an invoice that if paid would exceed a Budget Category, the Recipient has at least the following choices:

1. Request an amendment from the CEC. The CEC will not pay the invoice if and until an amendment is approved, except possibly for the final invoice per section

4.A.3 below. In its sole discretion, the CEC might pay the portion of the invoice that does not involve the amount that goes beyond the Budget Category.

2. Retract the invoice and resubmit a corrected one that keeps within Budget Categories. The Recipient can treat the amount paid beyond the Budget Category as match funds if the expenditure meets all of the applicable Agreement requirements for match funds.

3. If there is a Budget Category overage on the final invoice, the Recipient can discuss with the CAM if the invoice can be approved without needing the amendment in section 4.A.1 above. The CAM will require a written justification for the budget category overage to determine if the invoice can be approved.

This new flexibility does NOT mean the Recipient can exceed the overall Agreement amount.

Because Existing Terms may define “Budget Reallocation” to mean the movement of funds between tasks and possibly in other ways than moving funds between Budget Categories, such definitions are considered deleted and superseded by These Terms.

B. New Items under Materials and Miscellaneous, and Equipment The CAM must approve in writing of any new materials and miscellaneous expenses of $5,000 or more or new equipment the Recipient plans to purchase and be reimbursed under this Agreement that is not already listed in Exhibit B, Budget. To accomplish this, the Recipient can submit either prior to invoicing or with its invoice a completed form titled "NEW EQUIPMENT/M&M FORM” which includes a description of the item and a brief explanation of the need for the item. The CAM will approve items that he or she determines to be necessary to the Agreement and do not exceed budgeted amounts for each Budget Category unless Recipient follows the processes in section 4.A. “Budget Reallocation” directly above.

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Any restrictions in the solicitation or elsewhere in the Agreement still apply to the specific items under Materials and Miscellaneous, and Equipment that can be purchased using CEC Funds or Match Share Funds. The restrictions still apply even though the CAM does not have to approve new materials and miscellaneous expenses under $5,000.

C. An Amendment is No Longer Needed to Replace “Key Personnel.” Existing Terms typically require Recipients and their Subrecipients to obtain advance written approval, sometimes through a formal written amendment, before the Recipient added or replaced key or other personnel, or added or removed job classifications.

Now, except when replacing “key personnel” the Recipient and its Subrecipients and any lower-tiered level of Sub-Subrecipient, can make change related to their respective personnel without written approval. Although changes to “key personnel” do require written approval, that approval can be requested and granted simply through an e-mail communication or other form of written communication.

These Terms clarify that Recipients may be reimbursed for actual expenses incurred by new “key personnel” during the term of the Agreement, even if written approval comes after an individual begins work on the project. However, if the replacement is not approved, then the Energy Commission will not reimburse for any expenses charged for the individual. Accordingly, Recipients are strongly encouraged to obtain advance written approval for “key personnel” or risk not being reimbursed for their work.

Recipient must keep the CAM informed of personnel changes through monthly calls and quarterly progress reports. In addition to any other rights and remedies available to the CEC, the Energy Commission retains its authority to issue a Stop Work Order if it becomes clear that a Recipient or Subrecipient’s personnel, key or otherwise, are unable to fulfill their responsibilities under the Agreement.

Please note that the process in the Existing Terms for replacing Subrecipients and Vendors, and each tier lower of Sub-Subrecipients, may have changed. See section 7 below titled “Subrecipients and Vendors.”
D. Assignment of New Personnel to an Existing Job Classification Existing Terms might require Recipients to submit a resume and other information to the CAM to approve before assigning new personnel to existing job classifications. The Existing Terms might also require an amendment, and that an amendment must be fully executed before new personnel can begin work on the agreement. This pre-approval is no longer required. Instead, Recipient will keep the CAM informed of personnel changes and provide any information requested by the CAM during monthly calls and/or quarterly progress reports. Please see section 5.A. below in the “Budgets and Payment of Funds” term for how direct labor rates will now be handled.

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025
E. Promotion of Existing Personnel to an Existing Job Classification Existing Terms might require grant recipients to execute an amendment or otherwise provide information to, and obtain approval from, the CAM before promoting existing personnel to existing job classifications. None of this is required any longer. Please see section 5.A. below in the “Budgets and Payment of Funds” term for how direct labor rates will now be handled.

5. Budgets and Payment of Funds
A. No More Capped Maximum Rates for Direct Labor and Fringe Benefits Existing Terms typically state that rates in Exhibit B, Budget, for Direct Labor, Fringe Benefits, Indirect Costs, and Profit (for Subrecipients) are maximum rates and Recipients can invoice for actual expenses up to these capped, maximum rates.

Under These Terms, the rates in Exhibit B, Budget, for Direct Labor and Fringe Benefits are now treated as estimates and not capped rates. The Recipient can invoice at higher rates as long as it is only invoicing for actual expenditures it has made. However, the Recipient cannot invoice and be paid for more than the total amount in each Budget Category without an amendment (please see section 4.A. above in these terms), or for more than the total Agreement amount.

Please note this new flexibility only applies to rates for Direct Labor and Fringe Benefits.

Except as otherwise provided in These Terms, restrictions on Indirect Costs and Profit in the Existing Terms still apply.

Please also note that rates listed in the budget are NOT “negotiated rates” that can be charged by a Recipient or Subrecipient – documentation must be made available upon request to show that the rates charged reflect actual costs incurred.

B. Options for Indirect Costs
Existing Terms typically allow grant recipients to invoice and receive reimbursement for actual Indirect Costs up to the maximum amount listed in Exhibit B, Budget. Indirect Costs are subject to audit, and recipients are required to provide backup documentation upon request proving the actual amount of their Indirect Costs. These Terms provide two additional options.

The following options may be available to any Recipient who has not yet invoiced for indirect costs at the time of this amendment. These options are not available to any Recipient that has opted not to claim indirect. A Recipient may not use these options to increase a current indirect rate on which the Recipient was scored in the application process. Once a Recipient has been reimbursed for indirect costs, they may not switch among options.

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025

1. De Minimis Option
Under These Terms, the Recipient can elect to invoice and receive a de minimis amount at the set rate of 15% of the Modified Total of Direct Costs (MTDC) for Indirect Costs. This cannot be combined with any other Indirect Rate option.

MTDC is defined for purposes of this Agreement as all direct salaries and wages, applicable fringe benefits, materials and supplies, services, vendors, travel, and up to the first $50,000 of each subrecipient agreement. MTDC excludes equipment, capital expenditures, rental costs, tuition remission, scholarships and fellowships, and the portion of each subrecipient agreement in excess of $50,000.

If the Recipient chooses this de minimis option for Indirect Costs, the Recipient will not have to provide backup documentation for the de minimis amount and will not be audited on it. However, the Existing Term requirements, including for backup documentation and audits, still apply to any Indirect Costs invoiced by the Recipient and reimbursed by the CEC not utilizing the de minimis amount.

2. Defense Contract Audit Agency (DCAA) or other Federally Approved Indirect Rate
An entity that has a federally approved indirect rate from DCAA or another Federal agency may use the approved indirect rate for Energy Commission grants. A copy of the Federal agency’s letter must be provided.

This rate will typically shift annually, and this shift is generally acceptable.

This is the only Indirect Cost option that is not strictly subject to the max rate cap that typically applies to Indirect Costs. If the federal rate decreases from year to year, that will be a cost savings under this budget category. If the federal rate increases from year to year, this will require a budget reallocation.

If the Energy Commission, in its sole discretion, determines that a budget reallocation to accommodate an increased Indirect Rate would risk the ultimate success of the project, or is otherwise not in its best interest, the Energy Commission reserves the right to either propose a smaller increase that would not risk the ultimate success of the project, or refuse to increase the Indirect Rate. For any increase the Energy Commission will not reimburse from CEC Funds, the Recipient or Subrecipient may choose to charge the increase as Match Funds.

If the Recipient chooses this option for Indirect Costs, the Recipient will not be audited on this budget category. However, the Existing Term requirements, including for backup documentation and audits, still apply to any Indirect

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025
Costs invoiced by the Recipient and reimbursed by the CEC not utilizing this option.

C. Travel and Per Diem

1. Travel not listed in Exhibit B, Budget, can be added without an amendment via CAM approval. CAM approval can come in one of two forms: written authorization from the CAM prior to the Recipient taking the trip, or through the invoice review. Outside of a budget reallocation, additional travel requests are submitted using the CEC’s Travel Form. Recipient understands, however, that any travel taken that is not listed in Exhibit B, the Budget, or not pre-approved by the CAM in writing, is at the Recipient’s own financial risk. The CAM might not approve the trip as part of invoice review. Please note that the Recipient cannot invoice and be paid for more than the total amount in the Travel Budget Category without an amendment (please see section 4.A. above in These Terms), or for more than the total Agreement amount.

2. Existing Terms explain what recipients can invoice for and be reimbursed for travel and per diem expenses. After this Agreement is amended to include These Terms, Recipients can instead invoice and be reimbursed using the rates listed on the ECAMS Resources webpage. Because the rates maintained on the ECAMS Resources webpage can change over time, the Recipient will be allowed to be reimbursed for the rates in place when the trip expenses become an Incurred Cost. The CEC shall notify the Recipient in writing by way of the Active Agreements listserve if the travel rates change. Please sign up for the Active Agreements listserve to stay informed of all updates.

3. Lodging
The Recipient can invoice at standard room rates. The CEC will not reimburse for luxury accommodations.

4. Airfare
The Recipient can invoice at coach rates on commercial carriers. The CEC will not pay for upgrades on flights.

5. Rental Car
The Recipient can invoice for vehicles appropriate for the purpose of the travel.

The CEC will not reimburse expenses for luxury vehicles.

6. Bus/Train

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025
The Recipient can invoice for standard coach rates. The CEC will not reimburse for upgrades.

7. Per Diem
Per diem is allowable for actual costs incurred up to the total daily maximum for the following combined expenses:
· Meals
· Incidentals (i.e. tips for hotel staff and taxi/ride share drivers) · Parking
· Tolls
· Taxi/ride share
The CEC will not reimburse any expenses under this Agreement for alcoholic beverages. In addition, the daily per diem is for the individual expenses of those traveling and working on the Agreement only. It cannot be used to pay for expenses of others (e.g., it cannot be used to buy a meal for someone else).

D. Payment Request Format
Existing Terms may list specific items the Recipient must include in its invoices. These requirements in the Existing Terms is no longer required. Instead, the CAM will provide an invoice template, and any further modifications to it, that the Recipient shall use.

E. Rounding
Under These Terms, the only exception to the CEC paying actual expenses is rounding to the nearest cent. Recipient, Subrecipients, and each lower-tiered level of SubSubrecipients shall round invoiced amounts to the nearest cent ($0.01) using standard rounding, which is rounding down for $0.000 through $0.004, and rounding up for $0.005 through $0.009. Rounding cannot be used to exceed the amount in any Budget Category (see section 4.A. above in These Terms) or exceed the total Agreement amount.

F. New Certification for Payment Requests
Existing Terms may require recipients to include and sign a certain certification in its payment requests. These Terms instead require the Recipient to include and sign the certification provided by the CAM in the Invoice Template. The CAM can change this certification without amending this Agreement.

G. The CEC No Longer Must Use a Specific Dispute Notification Form to Dispute Invoices
Existing Terms may require the CEC to use a Dispute Notification Form, Std. 209 Form, or other specific form when disputing invoices. These requirements no longer apply.

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025
Under These Terms, the CEC can now dispute an invoice in any manner it chooses as long as it is provided in writing to the Recipient.

6. Incurred Costs
Existing Terms may not allow recipients to be reimbursed for Incurred Costs.

Accordingly, These Terms change that and allow the CEC to reimburse the Recipient for Incurred and Paid Costs that are (1) incurred during the Agreement Term; (2) invoiced within the required timeframes of this Agreement; (3) made in accordance with the Agreement’s Budget; and (4) actual and allowable expenses under this Agreement.

The Recipient shall pay ALL Incurred Costs for which it has invoiced the CEC within 14 calendar days of receiving payment under this Agreement for the Incurred Costs. For example, if the Recipient invoices the CEC and then receives payment on September 15 for an Incurred Cost of $10,000, the Recipient shall pay the entire $10,000 by September 29. This requirement is needed to prevent Recipient from creating long lead times for Incurred Costs (e.g., invoicing and receiving payment from the CEC but not paying for the Incurred Costs for weeks or months).

The Recipient shall only invoice the CEC for Incurred Costs the Recipient will pay within 14 calendar days of receiving payment. For example, assume the Recipient has an Incurred Cost for a piece of equipment that costs $300,000 and will pay in three installments of $100,000 each over three months. The Recipient shall only invoice the CEC for $100,000 each month. The Recipient shall not invoice for the entire $300,000 and retain the balance over the three months.

For any Incurred Costs for which the Recipient received funds from the CEC and does not pay within 14 calendar days, the Recipient shall on the very next business day after the 14 calendar days submit repayment of the unpaid amount back to the CEC. Repaid funds will be placed back into the Agreement and will be available to reimburse allowable costs in accordance with this Agreement. When making a repayment under this provision, the Recipient shall specify “Repayment of Unspent Funds under Agreement [insert agreement number].” Recipient shall remit the repayment to:

California Energy Commission
Accounting Office
715 P Street, MS-2
Sacramento, CA 95814
This repayment requirement of the Recipient is in addition to any other rights the CEC can enforce relative to this Agreement. Recipient agrees and acknowledges that time is of the essence in paying Incurred Costs and submitting repayments, and the CEC can treat the Recipient’s breach of either requirement as a material breach. Recipient can contact the CAM for any questions about the logistics of making repayments.

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025

7. Subrecipients and Vendors
Existing Terms typically only distinguish between the Recipient and any lower tier of subcontractors. But not all subcontractors are the same. Some are entrusted with significant responsibility to meet the Agreement’s objectives, and others are merely suppliers of goods and services.

These Terms allow the Recipient with CAM written approval to divide subcontractors into Subrecipients and Vendors. If this distinction is not made between Subrecipients and Vendors, all entities currently deemed subcontractors will be treated as Subrecipients.

A Subrecipient is defined as a person or entity that receives grant funds directly from the Recipient and is entrusted by the Recipient to make decisions about how to conduct some of the grant’s activities. A Subrecipient’s role involves discretion over grant activities and is not merely just selling goods or services.

Characteristics which support the classification of the entity as a subrecipient include when the entity:
(1) Has its performance measured in relation to whether objectives of a CEC program were met;
(2) Has responsibility for programmatic decision-making; (3) Is responsible for adherence to applicable CEC program requirements specified in the CEC award agreement;
(4) In accordance with its agreement, uses the CEC funds to carry out a program for a public purpose specified in authorizing statute, as opposed to providing goods or services for the benefit of the recipient or subrecipient; or, (5) Provides match share funding contributions to the CEC-funded project.

A Sub-Subrecipient has the same meaning as a Subrecipient except that it receives grant funds from a Subrecipient. There can also be further levels below of SubSubrecipients.

A Vendor is defined as a person or entity that sells goods or services to the Recipient, Subrecipient, or any lower-tiered level of Sub-Subrecipient, in exchange for some of the grant funds, and does not make decisions about how to perform the Agreement's activities. The Vendor’s role is ministerial and does not involve discretion over Agreement activities. A vendor is an entity selected through a competitive process or is otherwise providing a product or service at a fair and reasonable price. Characteristics indicative of a procurement relationship between the Recipient, Subrecipient, and any lower-tiered level of Sub-Subrecipient and a Vendor are when the Vendor:
(1) Provides the goods and services within normal business operations; (2) Provides similar goods or services to many different purchasers;

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025
(3) Normally operates in a competitive environment;
(4) Provides goods or services that are ancillary to the operation of the CEC program; and
(5) may not be subject to compliance with all of the requirements of the CEC program as a result of the agreement, though similar requirements may apply for other reasons.

A. Subrecipient and Sub-Subrecipient Flow-Down Terms
For Recipient’s agreements with Subrecipients, the Recipient shall follow any flow-down requirements in the Existing Terms for subcontractors, except the Recipient does not need to include the following terms if they are not applicable to a given Subrecipient:

1. The Legal Statements on Products term does not have to be included if the Subrecipient will not generate any Products.

2. The Travel and Per Diem term does not have to be included if the Subrecipient will not be reimbursed for travel with CEC funds.

3. The Equipment term does not have to be included if the Subrecipient will not be reimbursed for equipment with CEC funds.

4. The Confidential Recipient Information term does not have to be included if the Subrecipient will not have access to or generate Confidential Receipt Information as defined in Section 24.

B. Vendor Requirements
The flow-down requirements in the Existing Terms either come from the CEC or the law.

Recipient does not have to include any CEC-created requirements in agreements with its Vendors unless it is necessary for the Recipient to meet its obligations to the CEC under the Agreement. But the Recipient is still required to make sure the Vendor complies with all applicable laws. For example, the Recipient still must ensure any Vendor complies with applicable Public Work Requirements, including the payment of prevailing wage, and also with the Nondiscrimination clause. These are requirements under the law.

The Recipient does not have to include in its Vendor agreements CEC-created terms, such as Equipment, Confidential Recipient Information, Travel and Per Diem, Retention of Records, and Audits, if the Recipient does not need them to fulfill its obligations to the CEC. An example where the Recipient might need to include a CEC-created term in a Vendor agreement is intellectual property. The Recipient must ensure the CEC has the intellectual property rights required under this Agreement. If a Vendor creates intellectual property that the Recipient provides to the CEC as part of the Agreement, the Recipient shall ensure its Vendor agreement secures the appropriate rights. Another example is the receipt of confidential information of personal information. If a vendor will

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CTP Grant Terms and Conditions Exhibit C City of Livermore Revised 05/02/2025
have access to confidential information of personal information provided by the Energy Commission or a third-party for the performance of this Agreement, the Recipient must ensure its agreement with the vendor includes the Energy Commission’s special terms and conditions for the receipt of confidential information and personal information before the vendor has access to any such information.

C. Replacing Subrecipients or Vendors
Under These Terms, all changes to Subrecipients and Vendors require advance written approval by at least the Commission Agreement Manager. A higher level of approval may be required based upon Energy Commission policy. Required approvals are included in the “Changes to Grants - Level of Approval and Notification Chart” commonly referred to as the “Changes Chart.”
These Terms clarify that Recipients may be reimbursed for actual expenses incurred by a new Vendor during the term of the Agreement, even if written approval comes after the entity has completed work on the project. However, if the new Vendor is not approved, then the Energy Commission will not reimburse for any expenses charged for the entity. Accordingly, Recipients are strongly encouraged to obtain advance written approval for new Vendors or risk not being reimbursed for their work.

However, any work completed by an entity that may replace an existing Subrecipient WILL NOT BE REIMBURSED for any work completed prior to advance written approval.

If a Subrecipient expends funds prior to approval, they can only be claimed as Match Funds.

8. Match Fund Timing
Existing Terms typically require recipients to proportionally spend match funds concurrently or in advance of CEC funds. But this timing does not always work, especially if the CEC funds are used for expensive equipment early in the project.

These Terms allow a CAM, in writing and with Supervisor approval, to authorize a Recipient to spend CEC funds in advance of Match Funds pursuant to Match Fund Spending Plan. The Plan must estimate how Match Funds and CEC funds will be spent over each quarter and briefly explain why it is not practical to spend Match Funds concurrent with CEC Funds. While These Terms allow additional flexibility, the Recipient agrees to spend the agreed match funds as soon as practicable during the Agreement in order to resume proportionality between CEC funds and Match funds spent.

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Grant Special Terms and Conditions Exhibit C-1 City of Livermore EXHIBIT C-1

SPECIAL TERMS AND CONDITIONS

1. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP
The Recipient shall immediately, but no later than five calendar days, notify the CEC if the Recipient, the Recipient’s parent, a subrecipient, a vendor, or a site host is planning for any of the following events: (1) the entity’s filing of a voluntary case seeking liquidation or reorganization under the Bankruptcy Act or similar applicable law; (2) the entity’s consent to the institution of an involuntary case under the Bankruptcy Act or similar applicable law; (3) the filing, or planning of filing, of any similar proceeding for or against the entity, or the entity’s consent to the dissolution, winding-up or readjustment of its debts, appointment of a receiver, conservator, trustee, or other officer with similar powers over the entity, under any other applicable law; or (4) the entity’s insolvency due to its inability to pay debts generally as they become due.

Such notification shall be in writing and shall: (1) specifically set out the details of the occurrence of the event; (2) provide the facts surrounding that event; and (3) provide the impact such event will have on the project being funded by this Agreement.

Upon the occurrence of any of the four events described above, the CEC reserves the right to conduct a review of the Agreement to determine the Recipient’s compliance with the required elements of the Agreement (including such items as match share, progress towards project objectives, and submission of required products). If the CEC review determines that there are significant deficiencies or concerns with the Recipient’s continued performance under the Agreement, the CEC reserves the right to take any action available under this Agreement including, but not limited to, issuing a Stop Work Order or terminating the Agreement.

Failure of the Recipient to comply with this term may be considered a material breach of this Agreement.

This term shall be flowed-down to all subawards and site host agreements.

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EXHIBIT D

AGREEMENT CONTACTS
May 8, 2025 Page 1 of 1 ARV-24-017
Exhibit D City of Livermore
Commission Agreement Manager:
(Progress Reports and Non-Confidential
Products may be emailed to the CAM or
uploaded into ECAMS with Invoice.)
Elizabeth Maya Muthirenty Varkey
California Energy Commission
715 P Street, MS-6
Sacramento, CA 95814
Phone: +1 279-226-1096
e-mail: [email protected]
Recipient Project Manager:

Tricia Pontau
Sustainability Program Manager
City of Livermore
1052 South Livermore Ave
Livermore, CA 94550
Phone: (925) 960-4471
e-mail: [email protected]
Confidential Products:

Email a request to submit Confidential
Products to: [email protected]
Subject line should read:

Request to Submit Confidential Products:
[Recipient Name and CEC Agreement]
Recipient Administrator:

Marianna Marysheva
City Manager
City of Livermore
1052 South Livermore Ave
Livermore, CA 94550
Phone: (925) 960-4040
e-mail: [email protected]
Invoices:

Please submit electronic invoices in ECAMS:
https://ecams.energy.ca.gov/s/login/
Recipient Accounting Officer:

Erik Peterson
Finance Manager
City of Livermore
1052 South Livermore Ave
Livermore, CA 94550
Phone: (925) 960-4100
e-mail: [email protected]
Commission Legal Notices:

Kevyn Piper
(Acting) Grants Manager
715 P Street, 3rd Floor
Sacramento, CA 95814
e-mail: [email protected]
Recipient Legal Notices:

Jason Alcala
City Attorney
City of Livermore
1052 South Livermore Ave
Livermore, CA 94550
Phone: (925) 960-4150
e-mail: [email protected]

EXHIBIT A
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CITY COUNCIL STAFF REPORT ITEM NO. 5.7
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution adopting a list of projects for Fiscal Year 2025-26 funded by Senate Bill 1:

The Road Repair and Accountability Act of 2017 and approving the use of Road Maintenance and Rehabilitation Account Funds.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution approving a list of projects for FY 2025-26 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 and approve the use of Road Maintenance and Rehabilitation Account Funds.

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

The Road Repair and Accountability Act stipulates that prior to receiving RMRA Funds in a fiscal year, a city or county must submit to the California Transportation Commission a project list pursuant to an adopted budget. The City of Livermore will receive an estimated $4,462,625 in RMRA funding in Fiscal Year 2025-26 from SB 1. The 2025-30 Capital improvement Plan, which is recommended for adoption tonight, includes RMRA Funds for the projects listed below. Adoption of this resolution approving the list of projects will qualify them to use RMRA funding.
• Collier Canyon Culvert, Drainage, and Road Improvements, Project No. SD201727 • Street Resurfacing, Project No. SM202001
• Slurry Seal, Project No. SM202204
• Street Resurfacing, Project No. SM202501
• Street Lighting, Project No. TC201923
• Stanley Blvd at Isabel Ave Connector Ramp Crossing, Project No. TC202133

DISCUSSION
185
In April 2017, the State Legislature passed and Governor Brown approved SB 1, the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017). SB1 created the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. It also created the RMRA for the deposit of various funds for the program.

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

Portions of these revenues flow to cities and counties through the Highway Users Tax Account and the RMRA created by SB 1. SB 1 is projected to generate approximately $4 billion annually for state and local transportation improvements. Cities and counties are slated to receive approximately $1.7 billion for repairs to local streets and roads at full implementation of SB 1.

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

RMRA funds must be used for projects that include but are not limited to the following:

Road maintenance and rehabilitation
Safety improvements
Railroad grade separations
Traffic control devices
Complete streets components, which include active transportation projects, pedestrian and bicycle safety projects, and transit facilities
Drainage and storm water capture projects in conjunction with other allowable road related projects
Bridges and culverts that are road related
COMPLIANCE REQUIREMENTS OF SB 1
The Road Repair and Accountability Act stipulates that, prior to receiving RMRA Funds in a fiscal year, a city or county must submit to the California Transportation Commission a project list pursuant to an adopted budget. The 2025-30 Capital Improvement Plan, which is recommended for adoption tonight, includes RMRA Funds for the six projects listed below and as shown in Exhibit A. The combined total of SB 1 RMRA Funds (Fund 561) budgeted for FY 2025-26 for the six listed projects is approximately $4,462,625. Depending on the timing of the project, the funding identified may be used for either project design or construction. Adoption of this resolution approving the list of projects in Exhibit A to the resolution will qualify them to use RMRA funds. The location of each project is shown in Attachment 1.

Collier Canyon Culvert, Drainage, and Road Improvements, Project No. SD201727: Collier Canyon Creek collects drainage from the surrounding hills and carries sediment and debris to the culvert. During the February 2017 storm event, a large amount of sediment and debris washed down Collier Canyon Creek, causing blockages at the culverts both upstream and downstream of Collier Canyon Road, which led to water overtopping the headwalls spilling along Collier Canyon Road and damaging properties, mitigation areas, and habitat. The project involves installing approximately 500 feet of 36-inch reinforced concrete pipe (RCP) storm drain, manholes, weir structures, flood walls, and other necessary components; the 36-inch RCP storm drain will act as 186
an overflow pipe, ensuring proper drainage in the event that the existing pipes become clogged.

Construction is anticipated to be completed in FY 26-27. RMRA Funding: $35,625.

Street Resurfacing, Project No. SM202001: This pavement resurfacing project will base repair and resurface the Airway Boulevard and First Street / I-580 interchange overcrossing. This overcrossing is in the state’s right of way and will require design approval and an encroachment permit from CalTrans. This project will also repair damaged sidewalk, metal beam guard rail, and delineate new bicycle lanes in both direction on existing shoulders. Design and construction are anticipated to be completed in FY 2025-26. RMRA Funding: $740,000.

Slurry Seal, Project No. SM202204: This project will slurry seal various residential, collector and arterial streets. During FY 2025-26 staff will develop a design and prepare plans, cost estimates, and contract documents. The project will be bid and constructed in the first half of 2026. The streets selected are consistent with the City’s 2024 Pavement Management Budget Options Report prepared utilizing the StreetSaver database and Pavement Management Program tools.

RMRA Funding: $2,357,000.

Street Resurfacing, Project No. SM202501: This annual project will resurface various residential, collector and arterial streets. The funds will be utilized for developing design plans, cost estimates, and contract documents. The streets selected for rehabilitation of wearing surface treatment have a PCI under 50 and are consistent with the City’s 2024 Pavement Management Budget Options Report prepared utilizing the MTC’s StreetSaver database and City’s Pavement Management Program tools. Design is anticipated to be completed in FY 2025-26 with construction to follow in FY 2026-27. RMRA Funding: $250,000.

Street Lighting, Project No. TC201923: This is an annual project to install, upgrade, relocate, and maintain street lighting levels. The lighting project may include decorative and solar powered streetlights. The associated work includes adding LED lights to existing poles, installing new solar light poles, and improving lighting conditions in residential areas as well as the East Avenue Corridor and Carnegie Park in downtown. Design and construction are anticipated to be completed in FY 2025-26. RMRA Funding: $1,050,000.

Stanley Blvd at Isabel Ave Connector Ramp Crossing, Project No. TC202133: This project will implement bicycle and pedestrian safety enhancements such as curb extension, bike signals, pavement markings, signage, and pedestrian ramps. Design and construction are anticipated to be completed in FY 2025-26. RMRA Funding: $30,000.

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

The last report was submitted on November 15, 2024.

MAINTENANCE OF EFFORT
A city or county receiving an apportionment of RMRA funds is required to sustain a maintenance of effort 187
by spending at least the annual average of its general fund expenditures for maintenance of streets, roads, and highway purposes during the 2009-10, 2010-11, and 2011-12 fiscal years for street, road, and highway purposes from the city’s, or county’s general fund [SHC 2036] - This requirement can be satisfied with other City unrestricted funds.

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

The City meets the state's MOE requirement through General Fund expenditures on street construction contracts managed through the Engineering Division and DPW's street maintenance activities. The City reports these expenses to the state Controller's Office through the Annual Street Report. In FY 2023-24, the City spent $6.7 million from the General Fund maintaining the City's streets and roads or $1.6 million more than the City's MOE requirement.

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

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

FISCAL AND ADMINISTRATIVE IMPACTS
The combined total of SB 1 RMRA Funds (Fund 561) budgeted for FY 2025-26 for the six listed projects is approximately $4,462,625. The combined total budget in the FY 2025-30 Capital Improvement Plan during FY 2025-26 for Street Maintenance and Traffic Control projects is approximately $14,393,450, which includes contributions of $9,966,450 from the following funds; Traffic Impact Fee (Fund 510), Solid Waste & Recycling Impact Fee (Fund 513), Measure BB – Bike/Pedestrian (Fund 551), Measure BB - Local Street and Roads (Fund 552), and State – Gas Tax (Fund 560). The funding for each project, by fiscal year, is shown in Exhibit A.

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

ATTACHMENTS

1. Projects Map

2. Resolution

3. Exhibit A - SB1 Project List
Prepared by: Leo Sum
Assistant Civil Engineer
188
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
189

STREET RESURFACING
(PROJECT NO. SM202501)
STREET LIGHTING(PROJECT NO. TC201923)
STREET RESURFACING(PROJECT NO. SM202001)
SLURRY SEAL(PROJECT NO. SM202204) Fiscal Year 2025-26 SB 1 Project Locations ATTACHMENT 1 190
Rev. 04.2025 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-26 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), created the Road Maintenance and Rehabilitation Program (RMRP) to address deferred maintenance on the State Highway System, the local street and road system, and the Road Maintenance and Rehabilitation Account (RMRA) for the deposit of various funds for the program.

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

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

The 2025-30 Capital Improvement Plan budget includes RMRA funds for the projects listed below consistent with the SB1 Project List, attached hereto as Exhibit A.

Adoption of this resolution approving the list of projects will qualify them to use RMRA funding.

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $4.462 Million in RMRA funding in Fiscal Year 2025-26 from SB 1; and
191
Rev. 04.2025 2 RESOLUTION NO. ________
WHEREAS, this is the 9th year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has a proposed projects list on the city website and social media; and
WHEREAS, the City used a Pavement Management System and field review to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate street assets throughout the City during Fiscal Year 2025-2026 and Fiscal Year 2026-2027 of similar projects into the future; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “good” condition and this revenue will help us increase the overall quality of our road system over the next decade and maintain our streets and roads as “good” condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

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

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects attached as Exhibit A and incorporated by this reference will be funded in-part or solely with Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues:

Project Title: Street Resurfacing, Project No. SM202501 Project Description: This annual project will resurface various residential, collector and arterial streets. The funds will be utilized for developing design plans, cost estimates, and contract documents. The streets selected for rehabilitation of wearing surface treatment have a PCI under 50 and are consistent with the City’s 2024 Pavement Management Budget Options Report prepared utilizing the MTC’s StreetSaver database and City’s Pavement Management Program tools. Design is anticipated to be completed in FY 2025-26 with construction to follow in FY 2026-

27. RMRA Funding: $250,000
192
Rev. 04.2025 3 RESOLUTION NO. ________
Project Location: Concannon Blvd, East Ave, Las Positas Rd, Old First St, E Stanley Blvd, First St, Third St, S Livermore Ave, Holmes St Estimated Project Schedule:

Pre-Construction: Design (07/2025) – Completion (07/2026) Construction: Start (07/2026) – Completion (11/2026)
Estimated Project Useful Life: 25 Years
Project Title: Street Lighting, Project No. TC201923
Project Description: This is an annual project to install, upgrade, relocate, and maintain street lighting levels. The lighting project may include decorative and solar powered streetlights. The associated work includes adding LED lights to existing poles, installing new solar light poles, and improving lighting conditions in residential areas as well as the East Avenue Corridor and Carnegie Park in downtown. Design and construction are anticipated to be completed in FY 2025-

26. RMRA Funding: $1,050,000
Project Location: N. P St., Elm St., N. Oak St., N. Livermore Ave., Wall St., S. Q St., Aaron St., Via Granada, Pestana Wy., East Avenue between S. Livermore Ave. and Vasco Rd.

Estimated Project Schedule:

Pre-Construction: Start (10/2024) – Completion (07/2025) Construction: Start (10/2025) – Completion (12/2025)
Estimated Project Useful Life: 15 Years

3. The following previously proposed and adopted projects may also utilize Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Project Title: Collier Canyon Culvert, Drainage, and Road Improvements, Project No. SD201727
Project Description: Collier Canyon Creek collects drainage from the surrounding hills and carries sediment and debris to the culvert. During the February 2017 storm event, a large amount of sediment and debris washed down Collier Canyon Creek, causing blockages at the culverts both upstream and downstream of Collier Canyon Road, which led to water overtopping the headwalls spilling along Collier Canyon Road and damaging properties, mitigation areas, and habitat. The project involves installing approximately 500 feet of 36-inch reinforced concrete pipe (RCP) storm drain, manholes, weir structures, flood walls, and other necessary components; the 36-inch RCP storm drain will act as an overflow pipe, ensuring proper drainage in the event that the existing pipes become clogged. Construction is anticipated to be completed in FY 26-27. RMRA Funding: $35,625 Project Location: Collier Canyon Road near Meritage Common Estimated Project Schedule:

Construction: Start (06/2026) – Completion (12/2026)
193
Rev. 04.2025 4 RESOLUTION NO. ________
Estimated Project Useful Life: 25 Years
Project Title: Street Resurfacing, Project No. SM202001 Project Description: This pavement resurfacing project will base repair and resurface the Airway Boulevard and First Street / I-580 interchange overcrossing.

This overcrossing is in the state’s right of way and will require design approval and an encroachment permit from CalTrans. This project will also repair damaged sidewalk, metal beam guard rail, and delineate new bicycle lanes in both direction on existing shoulders. Design and construction are anticipated to be completed in FY 2025-26. RMRA Funding: $740,000
Project Location: Airway Blvd, First St / I-580 Interchange Estimated Project Schedule:

Pre-Construction: Start (08/2021)– Completion (08/2025) Construction: Start (2/2026) – Completion (06/2026)
Estimated Project Useful Life: 25 Years
Project Title: Slurry Seal, Project No. SM202204
Project Description: This project will slurry seal various residential, collector and arterial streets. During FY 2025-26 staff will develop a design and prepare plans, cost estimates, and contract documents. The project will be bid and constructed in the first half of 2026. The streets selected are consistent with the City’s 2024 Pavement Management Budget Options Report prepared utilizing the StreetSaver database and Pavement Management Program tools.

RMRA Funding: $2,357,000
Project Location: Chatsworth St, Tamalpais Ave, Mt Day Dr, Spruce St, Higuera Ct, Woodrose Way, Rutherford Ct, Via Del Sol, Roma Ct, Danielle Ct, Fifth St, Livorno St, Regent Rd, S I St, St George Ct, Jillana Ave, Mosswood Ct, St Mary Dr, N N St, Dublin Ave, Rice St, Ruby Ct, Senger St, Third St, Brushy Peak Ct, Elm St, Lincoln Ave, Redwood Rd
Estimated Project Schedule:

Pre-Construction: Start (05/2025) – Completion (01/2026) Construction: Start (04/2026) – Completion (08/2026)
Estimated Project Useful Life: 15 Years
Project Title: Stanley Blvd At Isabel Ave Connector Ramp Crossing, Project No.

TC202133
Project Description: This project will implement enhancements such as curb extension, bike signals, pavement markings, signage, and pedestrian ramps to improve bicycle and pedestrian safety. Design and construction are to be completed in FY 2025-26. RMRA Funding: $30,000
Project Location: Stanley Blvd and Isabel Ave
Estimated Project Schedule:

Pre-Construction: Start (1/2024) – Completion (07/2025) Construction: Start (12/2025) – Completion (04/2026)
Estimated Project Useful Life: 25 Years
194
Rev. 04.2025 5 RESOLUTION NO. ________
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on June 9, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
City Clerk Senior Assistant City Attorney
Exhibit A – SB1 Project List
195
Fund Name
Fund
Number FY 2025-26 FY 2026-27 Total
Gas Tax - SB1 561 $ 35,625.00 $ 93,437.00 $ 129,062.00
FEMA Storm Reimbursment 610 $ 427,500.00 $ 1,121,250.00 $ 1,548,750.00 Grant - State Grant Fund 240 $ 106,875.00 $ 280,313.00 $ 387,188.00 Total $ 570,000.00 $ 1,495,000.00 $ 2,065,000.00
Fund Name
Fund
Number FY 2025-26 FY 2026-27 Total
Gas Tax - SB1 561 $ 740,000.00 $ - $ 740,000.00
County Measure BB - Bike/Ped 551 $ 800,000.00 $ - $ 800,000.00 County Measure BB - Local St & Rd 552 $ 1,673,000.00 $ - $ 1,673,000.00 Total $ 3,213,000.00 $ - $ 3,213,000.00
Fund Name
Fund
Number FY 2025-26 FY 2026-27 Total
Gas Tax - SB1 561 $ 2,357,000.00 $ - $ 2,357,000.00
Total $ 2,357,000.00 $ - $ 2,357,000.00
Fund Name
Fund
Number FY 2025-26 FY 2026-27 Total
Gas Tax - SB1 561 $ 250,000.00 $ 4,000,000.00 $ 4,250,000.00 Total $ 250,000.00 $ 4,000,000.00 $ 4,250,000.00
Fund Name
Fund
Number FY 2025-26 FY 2026-27 Total
Gas Tax - SB1 561 $ 1,050,000.00 $ - $ 1,050,000.00
Total $ 1,050,000.00 $ - $ 1,050,000.00
Fund Name
Fund
Number FY 2025-26 FY 2026-27 Total
Gas Tax - SB1 561 $ 30,000.00 $ - $ 30,000.00
County Measure BB-Local St & Rd 552 $ 1,420,000.00 $ - $ 1,420,000.00 Total $ 1,450,000.00 $ - $ 1,450,000.00

6. Stanley Blvd at Isabel Ave Connector Ramp Crossing, Project No. TC202133

2. Street Resurfacing, Project No. SM202001

4. Street Resurfacing, Project No. SM202501

PROJECT FUNDING BY FISCAL YEAR

1. Collier Canyon Culvert, Drainage, and Road Improvements, Project No. SD201727

5. Street Lighting, Project No. TC201923

3. Slurry Seal, Project No. SM202204

EXHIBIT A
196
CITY COUNCIL STAFF REPORT ITEM NO. 5.8
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing execution of an agreement with COAR Design Group, in an amount not-to-exceed $1,768,921 and a term ending December 31, 2029, to provide design and construction support services for the Fire Station 6 Building Improvements project PS202215.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with COAR Design Group, in an amount not-to-exceed $1,768,921 and a term ending December 31, 2029, to provide design and construction support services for the Fire Station 6 Building Improvements project PS202215.

SUMMARY
The Fire Station 6 Building Improvements project involves the design and construction of the LivermorePleasanton Fire Department’s new Fire Station No. 6 and a temporary fire station to house the existing Fire Station No. 6 staff during construction of the new station. Attachment 1 shows the location of Fire Station No. 6 at 4550 East Avenue, Livermore, CA. This agreement with COAR Design Group (COAR), in an amount not-to-exceed $1,768,921 provides engineering services for the design and contract administration for both a temporary fire station and a new Fire Station No. 6 and includes site survey, geotechnical engineering, hazmat services, permitting assistance, architectural, civil, structural, mechanical, electrical and plumbing design, landscape and irrigation design, cost estimating, commissioning, interior furnishings design services and construction support.

DISCUSSION
Fire Station No. 6 needs to be replaced. The building was constructed approximately 50 years ago, is the oldest fire station in Livermore and has many existing sub-standard conditions including the following:

ADA accessibility compliance issues.

Station does not meet Essential Services Building requirements, as there is need to replace the emergency generator, HVAC system, roofing, as well as meet current structural requirements. 197
Essential Services Buildings are designed to withstand severe weather, protect its occupants, and remain operational in the event of extreme environmental loading from flood, wind, tornadoes, snow, or earthquakes.

Improper separation of “dirty” and “clean” station requirements, which may expose staff and visitors to harmful chemicals due to lack of proper decontamination transition zones.

Lack of proper decontamination procedures jeopardizes health and wellness of staff and visitors.

Station living quarters are separated by areas that may contain carcinogens, as bedrooms are separated from the restrooms and kitchen by the fire engine bay. This requires firefighters to frequently cross through the fire engine bay where risk of exposure to harmful chemicals may be present.

Turnout lockers located in the apparatus bay, which does not comply with National Fire Protection Association requirements for decontamination.

Public visitors’ convenience and safety
The Centennial Light, the oldest known operating light bulb, is housed at the station and is frequently visited by the public. The light bulb is located in the station’s apparatus bay, which may risk visitor exposure to harmful chemicals.

The parking lot is on the opposite side of the driveway from the main entrance, which requires visitors to cross the fire engine driveway to enter the facility.

The reception area is small, and lacks hospitable arrangement for public engagement.

Lack of secure storage space for equipment and vehicles.

The Fire Department's largest aerial ladder truck cannot be stored in the existing station's apparatus bay, as it is too small to protect the vehicle from weather conditions.

Outdated living quarters that does not accommodate separation of male and female staff.

In the fall of 2023, City staff issued a request for proposals for Fire Station No. 6 and COAR was selected as the most qualified after internal evaluations of the proposals received. A feasibility study prepared by COAR under a separate agreement in December of 2024 explored the option of remodeling the existing building versus complete replacement with a new fire station. The feasibility study concluded that the existing station should be replaced by a new, state-of-the-art station to accommodate all the Fire Department and City needs as opposed to renovating an existing building. A new station will provide the following benefits:

Compliance with current ADA requirements.

A fresh start/clean slate. The existing building is 50 years old and has reached the end of its expected life. A new station provides extended service life compared to renovating the existing building.

The best solution in consideration for staff health and welfare by providing optimal space layout with separation of “clean” and “dirty” functions per best practice for “Hot Zone” design. Segregating contaminated areas provides dedicated spaces for decontamination, and firefighters are less likely to be exposed to carcinogens, ensuring that gear and personnel are properly cleaned, and promotes a safer environment for firefighters to reduce the risk of long-term health issues.

Enhanced public asset with a new community room and improved access for tours of the station.

Improvements to outdated firefighter living quarters with updated dorms, separated showers, and more efficient use of storage spaces.

More opportunities to incorporate sustainability features to implement environmentally friendly and resource-efficient practices to reduce the station’s environmental impact and operational costs.

Easier compliance with current building codes and essential facility design. Any renovation of the 198
existing building will have to address all building systems, in addition to site, utility, and structural upgrades.

Easier incorporation of latest technology to the communication systems to enhance coordination during emergencies.

Modernized aesthetics to create a civic presence at the high visibility corner of East Avenue and Loyola Way.

More secure storage space to accommodate a wider range of equipment and specialized vehicles to meet growing emergency response needs.

Avoidance of unforeseen conditions in renovating the existing building. During construction, unforeseen conditions in an existing facility may be more costly to alleviate than a new station.

FISCAL AND ADMINISTRATIVE IMPACTS
The budget for the Fire Station No. 6 Building Improvements Project PS202215 in the 2025-2030 Capital Improvement Plan, which is recommended for adoption tonight, covers the cost of this agreement and other project costs including construction costs, change orders, construction management, project management, and materials testing; therefore, no additional appropriations are necessary. The funding source for the project is CIP Reserves--Government.

The total fee of $1,768,921 in this agreement is approximately 9.8 % of the total estimated construction cost of $18,084,200 which is typical for design and construction support services of this scale. The estimated total budget for this project is $24.3 million which covers design, construction, change orders, permit fees, administration, materials testing, construction contingencies and other miscellaneous costs.

COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
5: Ensure effective fire suppression, prevention, emergency medical and disaster services to meet the evolving needs of our communities and other changing conditions.

GUIDING DOCUMENT
Fiscal Year 2025-2030 5-Year Capital Improvement Plan

ATTACHMENTS

1. Location Map

2. Resolution

3. Exhibit A - Agreement
Prepared by: Leon Taing
Senior Civil Engineer
199
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
200
Location Map
This map is based on City of Livermore GIS
Information and reflects the most current information
at the time of this printing. The map is intended for
reference purposes only and the City and its staff is
not responsible for errors. 2,000 Livermore IT, GIS Services 333.3
1: NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 166.67 Feet 0 333.3
4/8/2025 11:51:41
AM
Prepared:

Notes:

Scale:

ATTACHMENT 1
201
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT

WITH COAR DESIGN GROUP, IN AN AMOUNT NOT TO EXCEED
$1,768,921 AND A TERM ENDING DECEMBER 31, 2029, TO PROVIDE

DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR THE FIRE
STATION 6 BUILDING IMPROVEMENTS PROJECT PS202215
The Fire Station 6 Building Improvements project PS202215 involves the design and construction of the Livermore-Pleasanton Fire Department’s new Fire Station No. 6 and a temporary fire station to house the existing Fire Station No. 6 staff during construction of the new station.

Fire Station No. 6 was constructed approximately 50 years ago and has many existing sub-standard conditions. A space needs study was prepared as part of a feasibility study which shows that the existing Fire Station No. 6 can be replaced with an approximately 12,300 square-foot facility having 3 fire bays and a detached, on-site 2,100 square foot permanent vehicular storage facility.

This agreement with COAR Design Group, in an amount not-to-exceed $1,768,921, provides engineering services for the design and contract administration for both a temporary fire station and a new Fire Station No. 6 and includes site survey, geotechnical engineering, hazmat services, permitting assistance, architectural, civil, structural, mechanical, electrical and plumbing design, landscape and irrigation design, cost estimating, commissioning, interior furnishings design services 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 COAR Design Group, attached hereto as Exhibit A, in an amount not-to-exceed $1,768,921 and a term ending December 31, 2029, to provide design and construction support services for the Fire Station 6 Building Improvements project PS202215.

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 June 9, 2025, by the following vote:
202
2 RESOLUTION NO. ________
AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
City Clerk Senior Assistant City Attorney
Exhibit A - Agreement with COAR Design Group
203
Engineering Services
Rev. 04/16/2024

ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this ____ day of ________, 2025, (“Effective Date”) by and between the City of Livermore, a municipal corporation (“City”), and COAR Design Group, a California Corporation (“Consultant”).

RECITALS
City requires engineering services to design contract documents and provide contract administration assistance for replacement of the existing Fire Station No. 6 located at 4550 East Avenue in Livermore, CA.

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 design contract documents and provide contract administration assistance for an approximately 12,300 square foot new Fire Station No. 6 at 4500 East Avenue in Livermore, CA in conjunction with the Fire Station 6 Replacement, Project No. 2022-15 (“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.
(b) Consultant shall review and respond to construction submittals and shop drawings within fourteen (14) calendar days following their receipt by Consultant; Docusign Envelope ID: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 1 of 35
204
Engineering Services
Rev. 04/16/2024
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,
Docusign Envelope ID: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 2 of 35
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Rev. 04/16/2024
(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 $1,768,921 ("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, 2029, whichever occurs first.

7. Termination by City. City may terminate any portion or all of the Services by giving Consultant at least 30 calendar-days written notice. Upon receipt of a termination notice, Consultant shall immediately stop all work in progress on the 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: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 3 of 35
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Engineering Services
Rev. 04/16/2024
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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(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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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: Jeff Katz, Principal
COAR Design Group
200 E Street
Santa Rosa, CA 95404

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

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

25. 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 Docusign Envelope ID: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 6 of 35
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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.

CONSULTANT: Dated:
____________________________ ___________________________ By: Jeff Katz
Title: Principal
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna A. Burch
City Manager
APPROVED AS TO FORM:
___________________________
Deputy/Assistant/Senior Assistant/City Attorney
APPROVED AS TO INSURANCE:

Risk Manager/Analyst
Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
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5. FEE SCHEDULES
March 5, 2025
RE: Professional Architectural and Engineering Design services for Livermore Fire Station 6, City Project No. 2022–15 – Scope of Work and Fee Proposal We are pleased to provide this proposal for the design and construction of the new Livermore Fire Station 6 and temporary fire station to house the existing Fire Station 6 staff during construction of the new station. This proposal is in response to the RFP and related addenda. Please note that this proposal is based on the Scope of Services included in the RFP and the final Feasibility Study prepared by COAR for a new approximately 12,300 SF Fire Station No. 6 with an on-site 2,100 SF permanent vehicular storage facility. Our proposal, for both a new and temporary fire station facility, includes the following disciplines: Civil, Landscape Architecture, Structural, Mechanical, Plumbing, Electrical, Topographic & Property Line Survey, Cost Estimating, Commissioning, hazmat, Geotechnical Engineering, and interior furnishings design services. The following sections include a more detailed explanation of the scope being provided. If there are scope items that are not included, or that are not necessary, we are pleased to adjust the scope to meet your needs.

We are proposing to offer the following scope of services as noted in Exhibit A of this Agreement and further expanded below.

TASK 1: PROJECT MANAGEMEENT AND MEETINGS

1. Develop Project Management Plan.

2. Develop overall project schedule.

3. Attend design meetings, prepare agenda, and maintain minutes and decision log throughout duration of the project. Up to 90 meetings are anticipated for the duration of the project.

4. Provide monthly update to client in conjunction with monthly invoices.

TASK 2: PROGRAM NEEDS/SCHEMATIC DESIGN PHASE

1. Use space needs report developed by City and Fire District Staff in the final Feasibility Study prepared by COAR for the approximately 12,300 SF facility and 2,100 SF enclosed vehicle storage facility.

2. Perform preliminary zoning and building code check with City Building official representatives. Meet with City Building and Planning Department Docusign Envelope ID: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 9 of 35
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to review all requirements including design review, environmental documentation, and approval process.

3. Identify stakeholders, collect project requirements, and provide alternatives (if necessary).

4. Hold pre-application meeting with the division of Community Development.

5. Review available as-built documents, preliminary design, or programming documents, and any previous studies or reports for the facility.

6. Review existing site conditions.

7. Prepare Schematic Design layout of temporary Fire Station and utilities to temporary station.

8. Provide Geotechnical Investigation. Coordinate with Geotechnical Engineer for recommendations for grading, foundation design, retaining walls, and site paving.

9. Prepare Topographic Survey of the site and immediate frontage and complete Property Line Boundary Survey. Title report to be furnished by City.

10. Determine overall utility load requirements for the project to ensure adequate capacity for the addition of all utility loads at the existing point of connection.

11. Coordinate with outside consultants and external agencies as required for various forms of utilities necessary for services to both the temporary and permanent fire stations, including (but not limited to), joint trench consisting of electric, gas, cable TV, telephone, alarm company, etc.

12. Prepare and file PG&E application and show joint trench designed by PG&E for service to the building and installation (fees and costs to PG&E/ATT will be paid by City.)

13. Evaluate program needs for preparation of Schematic/Design Development plans and cost estimates. Schematic/Design Development plans and cost estimates to be included in a project design report.

14. Determine impacts to Site Utilities including lighting, electrical, gas, storm, sewer, and water. Prepare Utility Plans that provides location and availability of all existing utilities and services to serve the fire station site.

15. Develop concept designs for building construction and site development, based needs identified for the Fire Station Building and present to stakeholder team.

16. Develop Preliminary Site Plans and Building Floor Plans and massing studies for the fire station. Develop Building elevation studies to present options for building design and present to stakeholder team.

17. Prepare conceptual site drawings indicating placement of structures and amenities on site. This will include the following:
o Building site orientation (for both temporary and permanent Fire Stations), site ingress and egress, and miscellaneous site information.
o Develop preliminary Civil Plans including preliminary grading plans, Docusign Envelope ID: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 10 of 35
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utility study, and hydrology based on topo survey data. o Prepare preliminary landscape and hardscape plans.

18. Develop building structural, mechanical, plumbing, and electrical system Basis of Design documentation for the new fire station and temporary fire station.

19. Provide Basic Commissioning services for the project including development of the Owner Program Document.

20. Develop preliminary Cost Estimates based upon building systems for the proposed design. The estimates prepared at this phase will be generally square foot cost estimates for the various building components and will include a Design Development contingency (to allow for potential increases as the design is refined further in the later stages of the project).

21. Present concept options to stakeholders for review and consideration/selection of final design option.

22. Provide a written preliminary evaluation of the project, schedule, and construction budget based on selected design option.

23. Participate in City selection of artist for Public Art component of the project and coordinate with the Artist through the Design Phase of the project.

24. Make required submissions at 50% and 100% to the City for Final Schematic Design review and approval. Plans will include cost estimates and project design report for architectural, civil, structural, electrical, mechanical, and plumbing drawings. Drawings required for both the 50% and 100% Schematic Design submittals include:
o Site Plan.
o Schematic Floor Plan.
o Preliminary Grading Plan.
o Preliminary Utility Plan.
o Schematic Building Elevations.
o Conceptual Landscape Plans.
o Exterior Color and Material Sample Boards.
o A colored rendering of the fire station.

25. Make required presentations (if necessary) to various agency review organizations as noted below.
o Presentation 1 - Introduction of project Architecture Consultant and City team reps to community, present anticipated time schedule and program to community.
▪ Obtain general community concerns and comments on a
new fire station conceptual design.
▪ Obtain goals of community on new design (colors, materials, etc.).
o Presentation 2 - conceptual site, floor plan, exterior elevations to community board.

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o Presentation 3 (final) - conceptual site, floor plan, exterior elevations with applicable refinements to community board.

26. Prepare updated drawings to address community comments and obtain community approval for fire station design.

27. Make required modifications to Schematic Design to obtain Schematic Design approval.

28. Obtain owner approval prior to proceeding onto next phase

29. After obtaining approval of Schematic Design, we will proceed into Task 3, Design Development.

TASK 3: DESIGN DEVELOPMENT/PROJECT ENTITLEMENT PHASE

1. Generate drawings of consultant systems (All mentioned above). Refine design of Site Plan, Site Circulation Plan, Fire Access Plan, Architectural Plans (including temporary building fire station facility), and Engineering Plans.

2. Construction drawings will be prepared in AutoCAD using Revit and include (at a minimum):
o Demolition.
o Architectural.
o Civil with NPDES calculations.
o Landscape design and irrigation, in accordance with the City’s Water Efficiency Ordinance.
o Structural.
o Mechanical.
o Plumbing.
o Electrical.
o Data and communication.
o Erosion Control.

3. Refine and confirm site & floor plans presented to stakeholder Department team.

4. Refine and confirm exterior elevations /sections presented to stakeholder team.

5. Refine and confirm interior and exterior building materials.

6. Coordinate with City communications representative to insure both District and City IT needs are incorporated.

7. Generate preliminary specifications (project manual) and comply with the city comments.

8. Submit 50%, and 100% Design Development drawings and Design Development technical specifications and TOC.

9. Communicate with wet and dry utility companies as required, including Calwater, PG&E, AT&T, and Cable provider, etc.

10. Coordinate with the City Commission & Art for the implementation of the selected Public Art.

11. Prepare updated design renderings and conduct Virtual Reality walk thru.

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12. Develop structural system consistent with design concept that implements a full seismic analysis and calculations as required for plan check.

13. Develop building mechanical, plumbing, and electrical systems consistent with design concept. Mechanical design shall include Vehicle Exhaust Extraction system design (Plymovent).

14. Develop Sustainable electric system component designs, including:
o Power for all electric fire apparatus/charging.
o Photovoltaic power system design including string/wire sizes, combiner box, DC disconnect, inverter, AC disconnect, and interconnect to switchboard.
o Photovoltaic system calculations including load summaries, max/min string voltage, max string short circuit and voltage drop. o Electrical equipment layout including photovoltaic equipment and interconnect in the main electrical room.
o Sizing, selection, and layout of a Battery Energy Storage System (BESS).
o Microgrid switchgear and controls to integrate the sources and loads including utility, solar, battery storage, and generator. o Develop Structural designs necessary to support additional on-site PV panel arrays that cannot fit on the building roof.

15. Coordinate with Owner systems for phone/data/cable and station alerting requirements. Work will involve all required coordination with vendor and City/Fire to implement a complete working system.

16. Prepare preliminary Interior Elevations, Building Sections, Reflected Ceiling Plan and Roof Plan.

17. Prepare preliminary interior material and color boards for review and selection.

18. Prepare preliminary FFE matrix in conjunction with City purchasing and make recommendations on all finishes and materials to be consistent with station design. FFE will be purchased and installed by the General Contractor. Coordination of FFE items with the project design is included in project scope.

19. Prepare Storm Water Prevention Plan in accordance with City requirements.

20. Complete 90% landscape and irrigation plans and calculations per City Water Efficiency Ordinance for planning commission.

21. Develop performance plans and specifications for Fire Sprinkler and Fire Alarm systems to be incorporated into Construction Documents. Final design of sprinkler and alarm systems shall be a deferred approval item provided by the contractor.

22. Prepare preliminary line-item Construction Cost Estimate based on actual building components. This estimate will be more detailed than the systems estimate prepared during schematic design but will include design and construction contingencies.

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23. Make required submittal to the City for Design Development Review.

24. Provide QA/QC review at all submittals to City and provide written documentation to support QA/QC process.

25. At each submission provide written responses to prior Fire Department, City Project Team and City-Wide review comments provided through the Citywide review process.

26. Obtain owner approval prior to proceeding onto next phase.

27. Coordinate with various departments and divisions, address requirements, and guide project through public approval processes as required for Entitlement of the project. Responsibilities include, but are not limited to:
o Submit Complete Planning Commission (PC) application and material boards with 100% Design Development plans and present at Planning Commission meeting and subsequent City Council meeting.
o Submit Complete Arts Commission application and present at Arts Commission meeting.

28. After obtaining written approval of the information presented in the Design Development drawings, we will proceed into Task 4, Construction Documents.

TASK 4: CONSTRUCTION DOCUMENTS (CD) FINAL DESIGN PHASE

1. Prepare drawings and specifications for the new fire station and temporary fire station facilities suitable for bidding to clearly delineate the Contractor's scope of work, including required civil (horizontal/vertical striping, utility trench underground, construction sequencing, signing and striping), architectural, structural, mechanical, plumbing, guideline fire protection, electrical, artwork foundation/lighting, perimeter security fencing, radio antenna/data communications, and landscape and irrigation design.

Plans will include all required phasing elements for the construction to insure no interruption to on-going operations.

2. Construction Documents will include required demolition and street improvement plans in drawings and specifications. It is assumed for this proposal that the City will provide all required General and Supplementary Conditions and Bidding Information for Architect’s review and coordination with technical specs and TOC. Three submittals will be made at 60%, 90%, and 100% and will include plans, specifications, and cost estimates.

3. Construction drawings will be prepared in AutoCAD using Revit and include (at a minimum):
o Demolition.
o Architectural.
o Civil with NPDES calculations.
o Landscape design and irrigation, in accordance with the City’s Water Efficiency Ordinance.
o Structural.
o Mechanical.
o Plumbing.
o Electrical.

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o Data and communication.
o Erosion Control.
o Utility trench.

4. Construction Documents will incorporate technical specs in contract documents and recommendations for soils preparation, foundation, and paving design.

5. Provide a list of materials with anticipate long lead items, their submittals, inspection requirements, testing requirements, required spare parts, manuals, and potential special training.

6. Provide Life Cycle Cost Estimate.

7. Refine drawings of architect and consultants for technical plan check submittal. Provide a list of any sole source items and selected vendors for notice inviting bids, including rationale to gain City Council approval in accordance with municipal code.

8. Coordinate with City Building Department to obtain project building permits and needed technical reports.

9. Refine specifications (project manual).

10. Review proposed foundation and paving sections and obtain approval from geotechnical engineer.

11. Submit plans to local utility companies for review and approval (Note: any required Utility Company fees are not included).

12. Submit plans including geotechnical report, structural calculations, and 100% specifications to City Building Department for Building permit plan check and perform all required revisions to Construction Documents based on Building Department's plan check comments and various other city department plan check comments as part of building permit process (Note: plan check and permit fees are not included).

13. Provide 100% plans and specifications ready for bid that meet building code requirements.

14. Submit 100% Construction Drawings for Building Permit application with wetstamped drawings including Title 24 drawings designed to be LEED certifiable at the silver level and all CAL Green mandatory requirements adopted by City. USGBC LEED scorecard to be prepared for Building Department.

15. Provide Interior furnishings list with specifications for city purchasing department to procure.

TASK 5: BID PHASE
Bid support services are based on an assumed 4 week bid period, followed by 4 weeks of bid analysis and review services as noted.

1. Provide single electronic file of final documents (drawings and specification sections Div 2 - 36 with City CSI front end boiler plate documents/Division 1 general technicals) to city for City distribution to bidding contractors.

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2. Provide input for the pre-bid meeting and attend up to two pre-bid site visits and up to two Bidder’s Conference meeting walks.

3. Answer questions and RFIs of bidders (issue exhibits to be included in City Addendum if needed to clarify architects or architects’ consultants’ answers).

4. Prepare Addenda if required to address bidding questions.

5. Address final plan check comments and questions and modify drawings documents accordingly to provide clarification during the bid phase.

6. Review "prior approved" equal submittals by Contractor requesting substitution of specified manufacturer's products/systems.

7. Assist in reviewing and preparing a recommendation of the successful bidder.

8. Submit all Addenda and assist in obtaining approval from City to incorporate into the Permit Set.

9. Prepare conformed drawings and specifications from addenda prepared during bidding.

TASK 6: CONSTRUCTION PHASE SERVICES
Construction contract administration services are based on a sixteen-month construction period, from Authorization to Proceed through Punchlist Inspection.

1. Attend the project pre-construction meeting and construction kick-off meeting.

2. Assist with review of Contractor’s initial construction schedule and critical path items.

3. Assist in the inspection for specialty work and/or other tasks as needed.

4. Assist in establishing procedures for testing and inspection.

5. Attend Progress Construction Meetings on a weekly basis and as required by project needs during the course of construction (total of 60 meetings) to observe the project and prepare site visit report. Site visit shall include meeting with Contractor and City representative to review progress of construction, review pending RFI and Change Order information, and observe the construction to verify work is proceeding in accordance with construction documents.

6. Provide three site visits per discipline (by the respective engineers) for civil, structural, electrical, mechanical, and landscape architecture to review progress of construction and conformance with construction documents.

7. Make one additional site visit to perform Punchlist Inspection, and one additional visit to perform Final Inspection. Punchlist Inspection will include a detailed listing of all items remaining to be completed by the Contractor.

Final Inspection will certify that all work has been completed in accordance with construction documents.

8. Review construction shop drawings and submittals and address submittal clarification/substitution requests.

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9. Basic Commissioning services during construction.

10. Communication room and coordination with the city department of IT (DOIT) all the needed work per their requirements and guidelines.

11. Respond in writing to any Contractor’s Requests For Information (RFI’s) during construction. Create a log identifying each RFI, the date the RFI was submitted, the resolution to each RFI, and the date the resolution was submitted to City.

12. Issue drawing modifications or sketches (ASI) as required to provide clarification.

13. Assist in review of Contractor’s monthly pay requests.

TASK 7: PROJECT CLOSEOUT PHASE SERVICES

1. Prepare as-built (record) drawings in AutoCAD format.

2. Prepare a lessons learned and recommended improvements.

3. Update all project documents.

4. Transfer all project files including electronic CAD files to the City.

TASK 8: ADDITIONAL DESIGN SERVICES
The following items are critical services that will be a part of the consultant’s scope of services:

Task 8.1 – Geotechnical Services

1. Provide Geotechnical Investigations and a report for the design of building and pavements.

2. Incorporate Geotechnical recommendations into Construction Documents (drawings and technical specifications).

3. Provide letter demonstrating conformance to requirements of the latest California Building Code.

Task 8.1a – Soil Boring Log Testing for Soil Classification and Appropriate Disposal Site (Class Landfill)
Task 8.2 – Hazmat

1. Provide Hazmat Investigation and report for the presence of asbestos, PCBs, lead, and so forth, include procedures for their removal.

2. Incorporate removal procedures into Construction Documents, including (but not limited to) specifications.

Task 8.3 – CASp

1. Retain the services of a CASp inspector to review Construction Documents and stamp the Construction planset prior to advertising.

2. During the Construction phase, the CASp inspector shall inspect and verify all project elements are built to ADA standards.

3. During the Project Closeout phase, the CASp inspector shall stamp as-built drawings to confirm the project elements were built to standard.

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Task 8.4 – Generator Feasibility Study

1. Provide a Feasibility Study, including alternatives, of best location for a new Emergency standby generator.

2. Coordinate with Contractor to obtain a permit to construct and a permit to operate form Bay Area Air Quality Management District for the new emergency standby generator.

Task 8.5 – Disaster Hardening

1. Retrofit the building to resist forces generated by earthquakes, gravity, fire, and winds, as required by the City’s Building Permit process.

Task 8.6 – Field Survey

1. Obtain Civil Topographic and Boundary Survey needed for site work design.

2. Survey shall include utility location of the site, including up to 10 potholes to locate existing utilities.

Task 8.7 – Public Arts

1. Incorporate a Public Arts feature into the design of the Fire Station to meet the City of Livermore’s Municipal Code Section 12.50 “Public Art.”

2. Set aside One Percent (1%) of Construction Cost Estimate for Public Art acquisition and installation of art.

3. A Time & Materials allowance of Ten Thousand Dollars ($10,000) will be allocated to this task.

Task 8.8 – Commissioning Services

1. As the Commissioning Authority (CxA), ensure the systems of the building are designed, installed, and calibrated to operate as intended by the project requirements and design documents.

2. Review Construction Documents, including the following tasks:
o Provide Owner’s Project Requirements Document.
o Provide Basis of Design Document.
o Develop and incorporate commissioning specification requirements. o Review contractor submittals.

3. Develop a Commissioning Plan, including scope, schedule, and process guidelines, from design phase to occupancy.

4. Conduct system testing to verify each system performs according to specifications.

5. Complete Documentation Review to ensure all equipment and systems are document correctly, and confirm operator receipt of all proper manuals, operational procedures, and maintenance instructions.

6. Train staff in the operations and maintenance of new systems.

7. Resolve errors and issues during testing and start-up.

8. Create a final report (Cx Report) detailing the results of the testing, unresolved issues, and recommendations for future maintenance and operations.

9. Review building one (1) year after occupancy to ensure systems continue to function correctly and identify any areas for improvement.

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Task 8.9 – Centennial Light Bulb Display Cabinet at City Hall Lobby

1. Provide a temporary relocation plan for the historic centennial light bulb to be placed in a lighted display cabinet with signage provided by the Contractor at the City Hall Lobby during construction of Fire Station No. 6.

2. The historic centennial light bulb would then be relocated to its final location at Fire Station No. 6 after the new Fire Station No. 6 facility is completed.

TASK 9: ADDITIONAL SERVICES AS REQUESTED BY THE CITY ENGINEER Additional services which may be required for this project will only by approved in writing by the City Engineer as separate Task Order(s) prepared by the consultant for a total Not to Exceed (NTE) amount of One Hundred Thousand Dollars ($100,000) for all Task Orders. Potential Task Orders may include, but are not limited to:

1. Additional site design changes requested by the City.

2. Additional building design changes requested by the City.

3. Additional Construction Administration tasks.

4. Additional meetings as required.

5. Additional required site inspections.

6. Additional site surveys.

7. Additional Geotechnical services.

8. Potholing and surveying existing utilities, if required.

9. Enhanced commissioning services.

TASK 10: FEE SCHEDULE
Hourly rates for COAR and all subconsultants that can be utilized for any Additional Services is attached to this proposal.

ASSUMPTIONS & ADDITIONAL SERVICES
The following items are not included in the Basic Services and will be provided as additional services only after written authorization is received (per the Additional Services line item included below). Unless a subsequent fixed fee proposal is provided, the work will be done on an hourly basis.

Additional Services not included in our basic scope of work include:

1. Additional design or drawings for offsite water, sewer or storm drain systems outside the project area (outside the RFP indicated site area).

2. Revisions to Contract Documents resulting from Owner requested changes to documents previously approved by the Owner, or due to code or zoning changes made subsequent to Owner approval.

3. Preparing separate construction document packages for discretionary permits, alternate bid items or project phasing beyond that required by this proposal.

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4. Attendance of any public hearings and/or additional meetings other than detailed in this proposal.

5. Services required because of significant changes in the project (not due to the design team's acts or omissions) including, but not limited to, size, quality, complexity, schedule, or the method for bidding and contracting for construction.

6. Providing services made necessary by the default of the Contractor, by major deficiencies in the work of the Contractor, or by failure of performance of either the Owner or the Contractor under the Contract for Construction.

7. Providing services in conjunction with arbitration proceedings or legal proceedings, except where the Architect is a party to such proceedings.

8. Providing "Special Inspection" services required by law or the Contract Documents.

9. Hydraulic Pump Design for fire protection systems.

10. Enhanced Commissioning services.

11. FF&E coordination, selection, or procurement except as described in the proposed scope of services.

12. Preparation of ALTA Surveys, Title Reports, Deeds, Plats or Easement documents, construction staking, or other documents in conjunction with the project site or Right-Of-Way. Preparation of Boundary Surveys is included in this proposal.

13. Plan check and permit fees (if paid by the consultant) will be a reimbursable expense, charged at 1.1 times the Consultant's cost.

We propose to provide the stated basic services for a fixed fee as noted on the attached spreadsheet. Invoices will be submitted monthly for the work completed during the month, on any particular phase in accordance with City Guidelines.

We appreciate the opportunity to present this proposal. We are available to meet with you at any time to review and discuss the proposed scope of services and fee proposal. We are excited about the opportunity to work with you on this project. If you have any questions regarding this scope of work, please do not hesitate to contact me at (619) 504-0984.

Respectfully,
Jeff Katz, AIA
Principal
Docusign Envelope ID: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 20 of 35
223
City of Livermore Fire Station 6 2025
Task Name Start Date End Date Duration Predecessors Notes 1 City of Livermore Fire Station No. 6 06/02/25 01/29/29 955d 2 General Activities 06/02/25 06/23/25 16d
3 Notice to Proceed 06/02/25 06/02/25 0 based on the council approving design agreement at their May 12th city council meeting
4 Kick-Off Meeting 06/23/25 06/23/25 1d 3FS +15d
5 Design 06/24/25 10/29/26 353d
6 Program Needs/Schematic Design 06/24/25 10/16/25 83d
7 50% Schematic Design Plans 06/24/25 08/21/25 43d
8 Prepare 50% SD Package 06/24/25 08/07/25 33d 4
9 Submit 50%SD Package to City 08/07/25 08/07/25 0 8
10 City 50% SD Review & Approval 08/08/25 08/21/25 10d 9 11 100% Schematic Design Plans 08/22/25 10/16/25 40d 10 12 Prepare 100% SD Package 08/22/25 10/02/25 30d 10
13 Submit 100%SD Package to City 10/02/25 10/02/25 0 12 14 City 100% SD Review & Approval 10/03/25 10/16/25 10d 13 15 Design Development/Project Entitlement 10/17/25 02/17/26 88d 16 Authorization to Proceed to Design Development 10/17/25 10/17/25 1d 14 17 50% Design Development 10/20/25 11/28/25 30d
18 Prepare 50% DD Package 10/20/25 11/14/25 20d 16
19 Submit 50% DD Package to City 11/14/25 11/14/25 0 18 20 City 50% DD Review & Approval 11/17/25 11/28/25 10d 19 21 90% Design Development 11/17/25 01/09/26 40d
22 Prepare 90% DD Package 11/17/25 12/26/25 30d 19
23 Submit 90% DD Package to City 12/26/25 12/26/25 0 22 24 City 90% DD Review & Approval 12/29/25 01/09/26 10d 23 25 100% Design Development 12/29/25 02/17/26 37d
26 Prepare 100% DD Package 12/29/25 02/03/26 27d 22
27 Submit 100% DD Package to City and Planning Commission 02/03/26 02/03/26 0 26 28 City staff 100% DD Review & Approval 02/04/26 02/17/26 10d 27 29 Construction Documents 02/18/26 10/29/26 182d
30 Authorization to Proceed to Construction Documents 02/18/26 02/18/26 1d 28 31 60% Construction Documents 02/19/26 05/06/26 55d
32 Prepare 60% CDs 02/19/26 04/15/26 40d 30
33 Submit 60% CD Package to City 04/15/26 04/15/26 0 32 34 City 60% CD Review & Approval 04/16/26 05/06/26 15d 33 35 Authorization to proceed to 90% CDs 05/06/26 05/06/26 0 34 36 Planning Commission Meeting for Approval 04/07/26 04/07/26 1d First Tuesday of April (estimated 2 months after DD Submittal) 37 90% Construction Documents 05/07/26 07/15/26 50d
38 Prepare 90% CDs 05/07/26 06/24/26 35d 35
39 Submit 90% CD Package to City 06/24/26 06/24/26 0 38 40 City 90% CD Review & Approval 06/25/26 07/15/26 15d 39 41 Authorization to Proceed to Plan Check 07/16/26 07/16/26 1d 40 42 100% Construction Documents 07/16/26 10/29/26 75d
43 Submit Plans to Building Department 07/16/26 07/16/26 0 41 44 Building Department Review 07/17/26 08/27/26 30d 43 4-6 weeks 45 Pick up Building Department Comments 08/28/26 09/17/26 15d 44 46 2nd Submittal to Building Department 09/17/26 09/17/26 0 45 47 Building Department Review - Back check review 09/18/26 10/01/26 10d 46 48 Pick up Building Department Comments 10/02/26 10/22/26 15d 47 49 Final Submittal to Building Department 10/22/26 10/22/26 0 48 50 Receive Permitted Set 10/23/26 10/29/26 5d 49
51 Bidding 11/06/26 05/10/27 131d
52 Pre-Qualification of Contractors 11/06/26 01/28/27 12w 50FS +5d 53 Bid Period 02/05/27 03/11/27 25d 52FS +5d
54 Bid Analysis 03/12/27 03/25/27 10d 53
55 Council Award of Bid 05/10/27 05/10/27 0 2nd Monday of May 56 Construction 07/05/27 01/29/29 410d Construction estimated 16 months to Substantial Completion 57 Mobilization 07/05/27 07/23/27 15d 55FS +40d No sooner than July 2027 58 Construction 07/26/27 11/27/28 351d 57
59 Substantial Completion 11/27/28 11/27/28 0 58FF Substantial completion by end of Nov 2028 60 Punch List & Final Completion 12/05/28 01/29/29 e55d 59FS +5d December 2028-January 2029 Docusign Envelope ID: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 21 of 35
224

HOURLY RATE SCHEDULE
The following rates apply to work performed on an hourly basis:

COAR DESIGN GROUP - Prime Architect
Principal Architect ....................................................................................$275.00/hr.

Senior Project Manager ..........................................................................$230.00/hr.

Project Architect/Manager ....................................................................$210.00/hr.

Design Manager ........................................................................................$225.00/hr QC Manager ............................................................................................$195.00/hr.

Job Captain...............................................................................................$170.00/hr.

Specification Writer...................................................................................$195.00/hr.

Construction Administrator ......................................................................$190.00/hr.

Drafter.........................................................................................................$145.00/hr.

Administrative.............................................................................................$ 95.00/hr.

MCPARLANE ENGINEERING – Mechanical/Plumbing Engineer
Principal................................................................................................$228.00/hr.

Project Manager .................................................................................$205.00/hr.

Engineer ...............................................................................................$170.00/hr.

Drafter...................................................................................................$135.00/hr.

ELEN ENGINEERING - Electrical Engineer
Principal................................................................................................$240.00/hr.

Project Engineer ..................................................................................$175.00/hr.

Drafter...................................................................................................$125.00/hr.

Administrative ......................................................................................$105.00/hr.

RHAA – Landscape Architect
Principal-in-Charge Landscape Architect .......................................$315.00/hr.

Project Manager .................................................................................$240.00/hr.

Designer ...............................................................................................$185.00/hr.

Administration........................................................................................$90.00/hr.

ZFA Structural Engineer
Principal................................................................................................$255.00/hr.

Engineer ...............................................................................................$160.00/hr.

Senior Drafter .......................................................................................$155.00/hr.

Designer ...............................................................................................$145.00/hr.

Docusign Envelope ID: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 22 of 35
225
EBA Civil Engineer
Principal................................................................................................$245.00/hr.

Senior Project Engineer.......................................................................$205.00/hr.

Project Engineer ..................................................................................$175.00/hr.

Drafter...................................................................................................$140.00/hr.

Administration........................................................................................$80.00/hr. 2 Man Survey Crew.............................................................................$315.00/hr.

Surveyor................................................................................................$190.00/hr.

GEOCON – Geotechnical Engineer
Principal Engineer................................................................................$269.00/hr.

Senior Engineer ...................................................................................$197.00/hr.

Project Engineer ................................................................................$170.00/hr.

Field Technician ..................................................................................$152.00/hr.

Equipment Operator...........................................................................$150.00/hr.

CADD / Administration .......................................................................$114.00/hr.

US ACCESS CONSULTANTS – Accessibility Specialist (CASp) Principal................................................................................................$240.00/hr.

MBO – Commissioning Agent
Principal................................................................................................$245.00/hr.

Senior Project Manager......................................................................$220.00/hr.

Commissioning Technician ................................................................$195.00/hr.

Administration......................................................................................$110.00/hr.

JR CONKEY - Cost Estimator
Principal................................................................................................$245.00/hr.

Senior Cost Estimator ..........................................................................$185.00/hr.

Junior Cost Estimator...........................................................................$160.00/hr.

Administration......................................................................................$110.00/hr.

COAR assumes responsibility for all work performed by sub-consultants on the project and factors in required time to coordinate the sub-consultants work. However, COAR does not markup sub-consultant work, which will be billed at the direct rate provided by the consultant.

Rates noted will remain in effect for the duration of the noted project schedule, but will increase 4% per year after April 2029 (assumed project completion April 2029).

Docusign Envelope ID: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 23 of 35
226

CITY OF LIVERMORE
FIRE STATION NO. 6 REBUILD

COAR DESIGN GROUP

MANPOWER BREAK DOWN
Principal In-Charge
Architect
Project ManagerJob CaptainDrafter
TOTAL
HOURS

COAR TOTAL

LABOR FEE
MCPARLANE ENGINEERING - Mechanical EngineeringZFA STRUCTURAL ENGINEERS - Structural EngineeringELEN ENGINEERING - Electrical EngineeringEBA ENGINEERING - Civil EngineeringRHAA - Landscape ArchitectureGEOCON INC. - Geotechnical Engineering US ACCESS CONSULTANTS - CASpConkey, Cost EstimatingMBO INC. - Commissioning

TOTAL REIMB

EXPENSES TOTAL FEE
billing rate $275.00 $210.00 $170.00 $145.00
Task Description
1 Project Management and Meetings 24 160 80 264 53,800$ -$ -$ -$ 11,065 $ 8,470$ -$ $ 960 -$ 500$ $ 74,795 2 Program needs/Schematic Design/Project Design
Report 40 180 200 220 640 114,700 $ $ 15,877 $ 15,720 11,690$ $ 19,060 15,605$ -$ 1,440 $ $ 6,410 500$ $ 201,002 3 Design Development/Project Entitlement 40 260 600 600 1,500 254,600 $ $ 20,049 $ 42,850 30,350$ $ 36,340 12,960$ -$ 1,920 $ $ 6,410 5,000$ $ 410,479 4 Final Design 40 260 400 600 1,300 220,600 $ $ 52,469 $ 70,700 61,850$ $ 51,920 20,505$ -$ 2,880 $ $ 1,970 1,000$ $ 483,894 5 Bidding Support 8 8 24 12 52 9,700$ $ 1,809 $ 2,300 4,200$ $ 3,530 5,895$ -$ $ 960 $ 740 $ 29,134 6 Construction Support 24 300 400 76 800 148,620 $ $ 22,092 $ 35,200 13,290$ $ 20,800 22,890$ -$ $ 960 $ 1,480 3,000$ $ 268,332 7 Project Closeout 8 24 24 56 10,720$ -$ $ 2,300 -$ $ 4,390 3,750$ -$ -$ -$ 2,000$ $ 23,160 8 Additional Design Services (see items below) 0 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $ -

8.1 Geotechnical Services 12 12 24 5,820$ -$ -$ -$ -$ -$ 21,086 $ -$ -$ -$ -$ $ 26,906

8.1.a Hazardous Soils Testing 8 8 16 3,880$ -$ -$ -$ -$ -$ 21,118 $ -$ -$ -$ -$ $ 24,998

8.2 Hazmat 8 8 1,680$ -$ -$ -$ -$ -$ 10,336 $ -$ -$ -$ $ 12,016

8.3 CASp 8 8 16 3,040$ -$ -$ -$ -$ -$ -$ 4,800 $ -$ -$ 1,000$ $ 8,840

8.4 Generator/Fueling Station Feasibility Study 8 24 24 56 11,320$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 1,000$ $ 12,320

8.5 Disaster Hardening 8 24 24 56 11,320$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $ 11,320

8.6 Field Survey 8 8 16 3,040$ -$ -$ -$ 10,000 $ -$ -$ -$ -$ $ 13,040

8.7 Public Arts 8 20 21 49 10,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $ 10,000

8.8 Commissioning Services 24 24 48 9,120$ -$ -$ -$ -$ -$ -$ -$ -$ 32,445$ $ 41,565

8.9 Centenial Light Bulb Display Cabinet 8 24 24 40 96 17,120$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $ 17,120 9 Additional Services As Requested 0 100,000 $ -$ -$ -$ -$ -$ -$ -$ -$ -$ $ 100,000 TOTAL 236 1,352 1,837 1,572 4,997 $989,080 $112,296 $169,070 $121,380 $157,105 $90,075 $52,540 $13,920 $17,010 $32,445 $14,000 $1,768,921 March 5, 2025
Docusign Envelope ID: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 24 of 35
227

MCPARLANE ENGINEERING

MANPOWER BREAK DOWN
Principal InChargeProject ManagerEngineerCad / Tech
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $228.00 $205.00 $170.00 $135.00
Task Description
1 Project Management and Meetings 0 -$ -$
2 Program needs/Schematic Design/Project Design
Report 24 19 24 18 85 15,877$ $ 15,877
3 Design Development/Project Entitlement 13 39 36 22 110 20,049$ $ 20,049 4 Final Design 18 76 146 59 299 52,469$ $ 52,469
5 Bidding Support 3 4 1 1 9 1,809$ $ 1,809
6 Construction Support 19 54 33 8 114 22,092$ $ 22,092
7 Project Closeout 0 -$ $ -
TOTAL 77 192 240 108 617 112296 0 112296
March 5, 2025
Docusign Envelope ID: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 25 of 35
228

ZFA STRUCTURAL ENGINEERS

MANPOWER BREAK DOWN
Principal InChargeEngineerDesignerSenior BIM Tech
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $255.00 $160.00 $145.00 $155.00
Task Description
1 Project Management and Meetings 0 -$ -$
2 Program needs/Schematic Design/Project Design
Report 24 60 0 84 15,720$ $ 15,720
3 Design Development/Project Entitlement 40 120 50 40 250 42,850$ $ 42,850 4 Final Design 60 160 120 80 420 70,700$ $ 70,700
5 Bidding Support 4 8 12 2,300$ $ 2,300
6 Construction Support 40 120 40 200 35,200$ $ 35,200
7 Project Closeout 4 8 12 2,300$ $ 2,300
TOTAL 172 476 210 120 978 169070 0 169070
March 5, 2025
Docusign Envelope ID: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 26 of 35
229

ELEN ENGINEERING

MANPOWER BREAK DOWN
Principal InChargeProject EngineerDrafter
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $240.00 $175.00 $125.00
Task Description
1 Project Management and Meetings 0 -$ -$
2 Program needs/Schematic Design/Project Design
Report 16 32 18 66 11,690$ $ 11,690
3 Design Development/Project Entitlement 40 90 40 170 30,350$ $ 30,350 4 Final Design 90 180 70 340 61,850$ $ 61,850
5 Bidding Support 24 24 4,200$ $ 4,200
6 Construction Support 16 54 70 13,290$ $ 13,290
7 Project Closeout 0 -$ $ -
TOTAL 162 380 128 670 121380 0 121380
March 5, 2025
Docusign Envelope ID: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 27 of 35
230

EBA ENGINEERING

MANPOWER BREAK DOWN
Principal InChargeSenior Project
Engineer
Project Engineer2-Man Survey
Crew
SurveyorDrafter
Admin
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $245.00 $205.00 $175.00 $315.00 $190.00 $140.00 $80.00 Task Description
1 Project Management and Meetings 5 48 53 11,065$ $ 11,065 2 Program needs/Schematic Design/Project Design
Report 8 24 60 12 104 19,060$ $ 19,060
3 Design Development/Project Entitlement 16 40 100 48 204 36,340$ $ 36,340 4 Final Design 20 60 160 48 288 51,920$ $ 51,920
5 Bidding Support 2 8 8 18 3,530$ $ 3,530
6 Construction Support 16 40 40 12 108 20,800$ $ 20,800 7 Construction Support 2 4 8 12 26 4,390$ $ 4,390

8.6 Field Survey 5 19 15 39 10,000$ $ 10,000
TOTAL 74 224 376 19 15 132 0 840 157105 0 157105
March 5, 2025
Docusign Envelope ID: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 28 of 35
231
RHAA

MANPOWER BREAK DOWN
Principal InCharge
Landscape
Architectarge
Project ManagerDesigner
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $315.00 $240.00 $185.00
Task Description
1 Project Management and Meetings 6 12 20 38 8,470$ $ 8,470 2 Program needs/Schematic Design/Project Design
Report 2 20 55 77 15,605$ $ 15,605
3 Design Development/Project Entitlement 1 18 45 64 12,960$ $ 12,960 4 Final Design 0 23 81 104 20,505$ $ 20,505
5 Bidding Support 0 13 15 28 5,895$ $ 5,895
6 Construction Support 5 68 27 100 22,890$ $ 22,890
7 Project Closeout 0 11 6 17 3,750$ $ 3,750
TOTAL 14 165 249 428 90075 90075
March 5, 2025
Docusign Envelope ID: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 29 of 35
232
GEOCON

MANPOWER BREAK DOWN
Senior EngineerProject EngineerField Technician II
(PW)
Field Technician II
(PW) OT
Sr. Draftsman
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $197.00 $170.00 $152.00 $228.00 $114.00
Task Description
1 Project Management and Meetings 0 -$ -$
2 Program needs/Schematic Design/Project Design
Report 0 -$ -$
3 Design Development/Project Entitlement 0 -$ -$
4 Final Design 0 -$ -$
5 Bidding Support 0 -$ -$
6 Construction Support 0 -$ -$
7 Project Closeout 0 -$ -$
8 Additional Design Services (see items below) 0 -$ -$

8.1 Geotechnical Services 10 28 8 2 6 54 9,086$ $ 12,000 $ 21,086

8.1.a Hazardous Soils Testing 10 24 24 12 6 76 13,118$ $ 8,000 $ 21,118

8.2 Hazmat 4 28 24 2 6 64 10,336$ $ 10,336
TOTAL 24 80 56 16 18 194 32540 20000 52540
March 5, 2025
Docusign Envelope ID: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 30 of 35
233

US ACCESS CONSULTANTS

MANPOWER BREAK DOWN
Principal InCharge
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $240.00
Task Description
1 Project Management and Meetings 4 4 960$ $ 960
2 Program needs/Schematic Design/Project Design
Report 6 6 1,440$ $ 1,440
3 Design Development/Project Entitlement 8 8 1,920$ $ 1,920 4 Final Design 12 12 2,880$ $ 2,880
5 Bidding Support 4 4 960$ $ 960
6 Construction Support 4 4 960$ $ 960
7 Project Closeout 0 -$ -$
8 Additional Design Services (see items below) 0 -$ -$

8.3 CASp 20 20 4,800$ $ 4,800
TOTAL 58 58 13920 0 13920
March 5, 2025
Docusign Envelope ID: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 31 of 35
234

JR CONKEY

MANPOWER BREAK DOWN
Principal InChargeSenior Project
Estimator
Clerical
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $245.00 $185.00 $110.00
Task Description
1 Project Management and Meetings 0 -$ -$
2 Program needs/Schematic Design/Project Design
Report 2 32 34 6,410$ $ 6,410
3 Design Development/Project Entitlement 2 32 34 6,410$ $ 6,410 4 Final Design 2 8 10 1,970$ $ 1,970
5 Bidding Support 4 4 740$ $ 740
6 Construction Support 8 8 1,480$ $ 1,480
7 Project Closeout 0 -$ $ -
TOTAL 6 84 0 90 17010 0 17010
March 5, 2025
Docusign Envelope ID: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 32 of 35
235
MBO INC.

MANPOWER BREAK DOWN
Principal InChargeSenior Project
Manager
Commissioning
Technician
Clerical
TOTAL
HOURS
TOTAL

LABOR FEE

REIMBURSABLE

EXPENSES TOTAL FEE
billing rate $245.00 $220.00 $195.00 $110.00
Task Description
1 Project Management and Meetings 58 58 12,760$ $ 12,760 2 Program needs/Schematic Design/Project Design
Report 0 -$ -$
3 Design Development/Project Entitlement 17 18 35 7,250$ $ 7,250 4 Final Design 0 -$ $ -
5 Bidding Support 0 -$ $ -
6 Construction Support 57 57 11,115$ $ 11,115
7 Project Closeout 6 6 1,320$ $ 1,320
TOTAL 0 81 75 0 156 32445 0 32445
March 5, 2025
Docusign Envelope ID: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 33 of 35
236
Revised 1/11/2021 B11 – 5M E&O

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.

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

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

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

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

1. The City of Livermore, its officers, officials, employees, and designated Docusign Envelope ID: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 34 of 35
237
Revised 1/11/2021 B11 – 5M E&O
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: 194F9A7B-108E-49D9-BB54-FB6E00A6DC0B EXHIBIT A Page 35 of 35
238
CITY COUNCIL STAFF REPORT ITEM NO. 5.9
DATE: June 9, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing an agreement with TJKM, in an amount not-to-exceed $362,000 and a term ending June 30, 2027, to develop plans, specifications, and estimates for the Transportation Safety Projects TC202529.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with TJKM, in an amount not-to-exceed $362,000, to develop plans, specifications, and estimates for the Transportation Safety Projects TC202529.

SUMMARY
The City of Livermore (City) was awarded $2,245,320 in grant funding for four Highway Safety Improvement Program (HSIP) projects in HSIP Cycle 12. The projects are for signalized intersections, unsignalized intersections, major corridors, and pedestrian/bicycle safety. A new capital improvement project Transportation Safety Projects TC202529 is included in the Capital Improvement Plan 2025- 2030, which is recommended for adoption tonight. The projects involve installation of transportation safety enhancements at multiple locations citywide in accordance with the City's Local Roadway Safety Plan. This agreement with TJKM, in the amount not-to-exceed $362,00, will fund the preparation of plans, specifications, and estimates for the project.

DISCUSSION
The Highway Safety Improvement Program (HSIP), codified as Section 148 of Title 23, United States Code (23 U.S.C. §148) is one of the core federal-aid programs. The purpose of the HSIP program is to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including nonstate-owned public roads and roads on tribal land.

The City of Livermore (City) applied for HSIP Cycle 12 for four projects in September 2024 and was awarded grant funding for all four projects in a total amount of $2,245,320. A new capital improvement project, Transportation Safety Projects 2025-29, is included in the 2025-30 Capital Improvement Plan.

The project includes the installation of transportation safety enhancements such as advance stop bars, 239
leading pedestrian intervals, flashing beacons, advanced warning at signalized intersections, rectangular rapid-flashing beacons, signs at unsignalized intersections, and speed feedback signs. These enhancements will be installed at multiple locations citywide per the recommendations in the Local Roadway Safety Plan.

On April 25, 2025, staff received funding allocation letters for the design of all four projects, in a total amount of $400,950, allowing reimbursements for any relevant work performed after April 22, 2025. In addition, as part of the HSIP Cycle 12 requirement, the design phase of all awarded projects need to be completed prior to December 31, 2025.

In the fall of 2024, City staff issued a request for proposals for Traffic Engineering/Transportation Planning Services for projects with local, regional, state, and federal funds. TJKM was selected as a top qualified traffic design consultant after internal evaluations of the proposals received. With extensive experience and knowledge working on the Livermore Local Roadway Safety Plan (LRSP), TJKM, is well qualified to complete the design of the project on time. This agreement with TJKM, in the not-to-exceed amount of $362,000, covers the preparation of plans, specifications, and cost estimates for the Transportation Safety Projects TC202529.

FISCAL AND ADMINISTRATIVE IMPACTS
The budget for the Transportation Safety Projects TC202529 is in the 2025-30 Capital Improvement Plan, which covers the cost of this agreement and other project costs including construction, change orders, construction management, project management, and materials test. Funding is from the HSIP Grant in the amount of $2,245,320 and Solid Water & Recycling Impact Fees in the amount of $496,000.

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

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement
Prepared by: Joanna Liu
Senior Transportation Engineer
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Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH TJKM, IN AN AMOUNT NOT-TO EXCEED $362,000 AND A TERM ENDING JUNE 30, 2027, TO DEVELOP PLANS, SPECIFICATIONS, AND ESTIMATES FOR THE TRANSPORTATION SAFETY PROJECTS TC202529
The City of Livermore (City) was awarded $2,245,320 in grant funding for four Highway Safety Improvement Program (HSIP) projects in HSIP Cycle 12. The projects are for signalized intersections, unsignalized intersections, major corridors, and pedestrian/bicycle safety. A new capital improvement project Transportation Safety Projects TC202529 is included in the Capital Improvement Plan 2025-2030, which is recommended for adoption tonight. The project involves installation of transportation safety enhancements at multiple locations citywide in accordance with the City's Local Roadway Safety Plan.

In the fall of 2024, City staff issued a request for proposals for Traffic Engineering/Transportation Planning Services for projects with local, regional, state, and federal funds. TJKM was selected as a top qualified traffic design consultant after internal evaluations of the proposals were received. With extensive experience and knowledge working on the Livermore Local Roadway Safety Plan (LRSP), TJKM, is well qualified to complete the design of the project on time. This agreement with TJKM, in the not-to exceed amount of $362,000, covers the preparation of plans, specifications, and cost estimates for the Transportation Safety Projects TC202529.

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

1. Authorizes the City Manager to execute a Professional Service Agreement with TJKM, attached hereto as Exhibit A, in an amount not-to exceed $362,000 to develop plans, specifications and estimates for the Transportation Safety Projects TC202529.

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 June 9, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
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2 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
City Clerk Senior Assistant City Attorney
Exhibit A – Agreement with TJKM
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25-0282

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered on , by and between the City of Livermore (“City”), a municipal corporation, and TJKM (“Consultant”), a(n) CA Corporation.

RECITALS
City requires professional services to Develop plans, specifications, and estimates for the Transportation Safety Projects 2025-29, as part of the HSIP Grant.

Consultant represents and warrants that 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 representations and warranties as inducement to award this Agreement to 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 and defined below in Section 3 Description of Services subject to the terms and conditions in this Agreement.

2. Relationship of Parties – Independent Contractors.
(a) The relationship of the parties shall be that of independent contractors. Consultant is and shall at all times remain as to City a wholly independent contractor during the term of this Agreement.
(b) Consultant and its personnel performing the Services on behalf of Consultant are not City officers or employees. Consultant’s personnel shall at all times be under Consultant’s exclusive direction, control, supervision, and management. Consultant, at its own cost and expense, is responsible for all workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the Services by Consultant’s personnel. (c) Consultant and its personnel providing the Services shall not qualify for or become entitled to, and hereby waive any claims to, any compensation, benefit, or any incident in employment by City, including but not limited to enrollment in the California Public Employees Retirement System (PERS) as an employee of City and any entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

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EXHIBIT A
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(d) Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, and shall have no authority, express or implied, to bind City to any obligation whatsoever.

3. Description of Services. Consultant shall provide the following professional services as more particularly set forth in Exhibit A Scope of Work collectively defined with the information in this section as “the Services” for the purposes of this Agreement.

4. Consultant’s Responsibilities. Consultant, at its own cost and expense, shall:
(a) Coordinate the Services with Xiaojia (Joanna) Liu (“Project Manager”), or such other person designated as the Project Manager by City;
(b) At all times faithfully, competently, and diligently perform the Services to the best of its ability, experience, and talent in a courteous manner to the highest industry standards when performing the Services required hereunder. For the purposes of this Agreement the phrase “highest industry standards” means those professional standards recognized by one or more professional consultants performing similar Services under similar circumstances within City’s region; (c) Provide the resources and assign competent Consultant personnel necessary to complete the Services in a timely manner;
(d) Immediately remove and replace, without any cost to City, any member of Consultant’s personnel providing the Services to City, in its sole discretion and at any time during this Agreement, directs Consultant to remove and replace, and City agrees to advise Consultant of the reason for the direction for the removal and replacement; (e) Provide all facilities, goods, materials, and equipment that may be necessary for Consultant’s personnel to provide the Services. City may furnish physical facilities such as desks, filing cabinets, and conference space that may be reasonably necessary for Consultant’s use for the Services, but in no event shall City be required to furnish any facilities that involve incurring a direct expense such as computer, software, long-distance telephone or other communication charges, vehicles, or document reproduction facilities;
(f) Obtain and keep in effect during the term of this Agreement all necessary licenses, permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services, including obtaining a business license from the City of Livermore, and keep them all in effect for the term of this Agreement;
(g) Obtain and complete the appropriate City forms for the City to pay Consultant electronically via the Automated Clearing House (ACH). Those forms may be obtained by email at [email protected] or by calling Accounts Payable staff at (925) 960-4345. If Consultant opts-out of electronic payment, it must Docusign Envelope ID: 308A6AB8-95E7-4417-809F-164A3BFDCFAD

EXHIBIT A
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likewise complete the appropriate City forms that can be obtained from those same sources for payment by check. The authority granted by those forms will remain in force and effect until the City receives written notification of changes, which changes shall not take effect for at least ten business days to afford City a reasonable opportunity to act;
(h) Provide City with a complete Request for Taxpayer Identification Number and Certification Form W-9 using the form most recently issued by the Internal Revenue Service;
(i) Comply with all applicable state and federal laws, as well as Alameda County and City of Livermore ordinances, regulations, and adopted codes, when providing 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, and if requested by the Project Manager, Consultant shall certify the correctness of any invoice or invoices for Services provided. Consultant shall not submit an invoice to City more frequently than once a calendar 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 three years from the date of City’s 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 calendardays’ written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants to take possession, then Consultant and City shall coordinate delivery of the invoices and records to City in the most efficient manner possible;
(l) Be available to the Project Manager, City staff, and other parties referred to Consultant by the Project Manager to answer questions or inquiries related to the Services or invoices;
(m) Prepare and submit a written report to the Project Manager, within three businessdays of the Project Manager’s written request, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;
(n) Correct all errors in the Services. If Consultant fails to make such correction in a timely manner, then City may make the correction and then charge the cost thereof to Consultant or deduct that cost from the compensation payable to Consultant; (o) 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, when providing the Services; and,
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EXHIBIT A
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(p) If applicable, Consultant shall ensure that all work for compensation is provided in compliance with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages.

5. Term. The term of this Agreement commences on 06/09/2025 and terminates upon the completion of the Services or 06/30/2027, whichever occurs first.

6. 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 Consultant shall then assemble the work on the Services for delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with and subject to Section 7.

7. Compensation and Payment.
(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $362,000.00 ("not-to-exceed amount"). (b) City shall compensate Consultant for the Services rendered at the hourly rates or task amounts set forth in Exhibit B Fee Schedule, and shall reimburse Consultant for travel expenses and other costs that are identified in Exhibit B, up to the not-to-exceed amount.
(c) Consultant and City acknowledge that compensation paid by City to Consultant pursuant to this Agreement is based upon Consultant’s estimated costs to provide the Services, including the salaries and benefits paid by Consultant to its personnel.

Consequently, Consultant and City further agree that compensation paid by City to Consultant is intended to include the costs of contributions to any pensions or annuities, or both, to which Consultant and its personnel may be eligible, and that City has no responsibility for contributions beyond the compensation paid to Consultant under this Agreement. As provided this Agreement, the hourly rates, task amounts and reimbursement for specified travel expenses and costs in the Fee Schedule 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, including all taxes Consultant is required to pay. (d) 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. (e) City shall pay Consultant via the Automated Clearing House or as otherwise instructed by Consultant pursuant to Section 4(g) above.

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

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

11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Consultant shall hold harmless, indemnify, and defend with counsel selected by or otherwise acceptable to City, City and its elected and appointed officials, officers, directors, employees, agents, and designated volunteers (collectively “Indemnified Parties”) from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services, or in connection with Consultant’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of the Indemnified Parties. Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by City.
(a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Consultant’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.
(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for Docusign Envelope ID: 308A6AB8-95E7-4417-809F-164A3BFDCFAD

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in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e)

12. Insurance. Without limiting Consultant’s indemnification of the Indemnified Parties, Consultant shall procure and maintain at its own expense during the term of this Agreement policies of insurance in the amounts and under the terms set forth in Exhibit C Insurance Requirements against claims and Liability 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. Force Majeure; Service Delays. Should Consultant’s performance of the Services be obstructed or delayed due to changes in the Services by City, by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain goods, materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then Consultant’s time for performance may, at City’s sole discretion, be extended for such periods as may be agreed upon by City and Consultant. Nothing in this section restricts City’s authority in Section 6 to terminate this Agreement.

14. 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.

15. 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.

16. 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 twelve-month period prior to the execution of this Agreement, and that it shall not negotiate, offer, or accept any contract for services from that party during the term of this Agreement.

17. Economic Disclosure. Consultant shall comply with City’s local conflict of interest code implementing the California Political Reform Act, and shall prepare and file an economic disclosure statement if the Services involve making, or participation in making, governmental decisions or financial decisions by City that may have a material effect on Consultant’s financial interests as determined by the City Attorney’s Office.

While it is Consultant’s sole responsibility to evaluate its conflicts of interest, Consultant nevertheless agrees to prepare and file an economic disclosure statement if requested by City.

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EXHIBIT A
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18. Levine Act Compliance. California Government Code section 84308 (Levine Act) prohibits City officers from participating in any action related to a contract, license, permit, or entitlement if the officer receives political contributions from a party, or participant, or agent thereof, that totals more than $500 within the twelve months preceding the decision or within the twelve months following the date of the final decision.

Consultant shall review and complete as necessary the City’s California Levine Act Disclosure Statement that can be obtained from the City Clerk.

19. Use of Recycled Products. If fitness and quality are equal, then Consultant shall utilize recycled products consistent with the City’s Environmentally Preferrable Purchasing and Practices Policy, and as defined in California Public Contract Code Section 12200 for the Services, instead of nonrecycled products whenever recycled products are available at the same or a lesser cost than nonrecycled items. Information on recycled materials can be found here:
• Sustainable Purchasing | StopWaste - Home, Work, School • Reducing Waste at Work | StopWaste - Home, Work, School • Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing | US EPA

20. Non-Exclusive Agreement. This Agreement is non-exclusive. City reserves the right to provide, and to retain other qualified consultants to provide, services that are the same or similar to the Services.

21. Business Entity Status. Consultant is responsible for filling all required documents and forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, as well as the California Business and Professions Code and any other state statute, to the extent such requirements apply to Consultant to provide the Services. By entering into this Agreement, Consultant represents that it is: authorized to do business in California; in good standing with the California Secretary of State; and, in good standing with all agencies having jurisdiction over Consultant, including any licensing agencies. If Consultant is a suspended entity at the time it enters into this Agreement, City may take steps to void this Agreement.

22. Authority to Execute Agreement. Consultant has taken all necessary action to authorize the execution of this Agreement, and expressly represents that the person signing this Agreement on behalf of Consultant has received and accepted the authority to sign and execute this Agreement on behalf of Consultant. Upon the Effective Date, this Agreement shall constitute a legal, valid and binding obligation of Consultant, enforceable against Consultant in accordance with its terms, which authorization is ratified and confirmed upon Consultant’s acceptance of the first compensation payment by City.

23. No Subcontracting and No Assignment. Consultant’s unique personal competence, experience, specialized personal knowledge, and professional reputation were a substantial inducement to City for the award of this Agreement to Consultant, therefore no part of the Services may be assigned or subcontracted without City’s prior written consent. For the purposes of this section, a change of fifty percent or more in the ownership or control of Consultant constitutes an assignment.

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EXHIBIT A
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24. 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, Consultant must present a written claim to City in accordance with Livermore Municipal Code Chapter 3.40 Claims Administration.

25. Work Eligibility. Consultant warrants that only personnel authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be provided by Consultant for the performance of the Services.

26. Non-Discrimination. In performance of the Services, Consultant agrees that it will not engage in discrimination in employment of persons because of such person’s race, color, religion, sex/gender, gender identity/expression, sexual orientation, marital status, medical condition, military or veteran status, national origin, ancestry, disability, genetic information, age, or any protected classification when providing the Services. Consultant further agrees to comply with all provisions of Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in all programs or activities receiving federal financial assistance. Consultant further assures that it will take necessary actions to ensure compliance with these requirements in the performance of this Agreement.

27. Construction of Language.
(a) 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 any exhibit hereto, the language in the body of the Agreement controls.
(b) For the purposes of this Agreement, the terms “writing” and “written” includes electronic documents and communication via email, but not when those terms are used in Sections 6, 12, 23, and Sections 27 through 30 for notices, consent, or modifications. For the notices, consent, and modifications in Sections 6, 12, 23, and Sections 27 through 30, the terms “writing” and “written” means either a physically tangible document or an electronic document that satisfies the requirements in Livermore Municipal Code Section 2.64 Electronic Signatures.

28. 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.

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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: Xiaojia (Joanna) Liu
City of Livermore / Community Development
1052 South Livermore Avenue Livermore, CA, 94550
[email protected]
Email: [email protected]
[email protected]
[email protected]
TO CONSULTANT: Attention: Ruta Jariwala
TJKM
4305 Hacienda Drive, Suite 550
Pleasanton, CA, 94588
United States
Email: [email protected]

29. Waiver. Failure to insist upon the strict performance of any term or condition 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 nonbreaching party.

30. 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.

31. Survival. The terms, conditions, and obligations in Sections 2, 8 through 11, 23, 24, 30, and 31 through 33 shall survive the completion or termination of this Agreement.

32. Jurisdiction and Venue. The interpretation, validity, and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of California. Any suit, claim, or legal action of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda or in the United States District Court for the Northern District of California.

33. Electronic Signatures. By signing this document, you are agreeing that you have reviewed this disclosure information and consent to transact business using electronic communications and to utilize electronic signatures in lieu of using paper documents pursuant to Livermore Municipal Code section 2.64 Electronic Signatures and all other applicable laws. You are not required to sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.

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34. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.

Signatures and Exhibit 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 set forth in the first paragraph of this Agreement, which is the date that this Agreement was signed on behalf of City after it was signed by Consultant.

CONSULTANT: Dated:

Ruta Jariwala
Principal
CITY OF LIVERMORE: Dated:

Marianna A. Burch
City Manager
APPROVED AS TO FORM:

Deputy/ Assistant /Senior Assistant /
City Attorney
APPROVED AS TO INSURANCE:
\s{r}\
Risk Manager/Analyst
Exhibits:

Exhibit A – Scope of Work
Exhibit B – Fee Schedule
Exhibit C – Insurance Requirements
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EXHIBIT A
254
May 6, 2025
Joanna X.J. Liu, P.E., T.E.

Senior Transportation Engineer
Office 925-960-4556
Subject: Scope of Work and Level of Effort for On-Call Transportation Engineering Services – Task Order 1.

Dear Joanna
TJKM Transportation Consultants is pleased to submit our proposal to develop plans, specifications and estimates for pedestrian safety improvements at eight signalized intersections. The improvements includes installation of flashing beacons, advance stop bars before crosswalk (bicycle box), and modification of signal phasing to implement leading pedestrian intervals. We understand that this project is funded under HSIP funds.

Locations for the improvements as part of the HSIP funding include First St and Southfront Rd, E Stanley Blvd & Murrieta Blvd, Railroad Ave & S P St, First St & Maple St, Portola Ave and N L St, Northfront Road & North Vasco Road, Fenton St and E Stanley Blvd, and East Ave and Charlotte Way
Scope of Work
Our Scope of Work to develop plans, specifications and estimates for the project is summarized below.
• Collect as-built drawings and conduct field observations • Develop 50% plans, specifications and estimates
• Develop 90% plans, specifications and estimates
• Develop Construction Package
We anticipate one round of comments on the 50% and 90% submittals. The comments received will be incorporated. The plans, specifications and estimates will be developed in compliance with Caltrans and City of Livermore standards.

EXHIBIT A & EXHIBIT B
Docusign Envelope ID: 308A6AB8-95E7-4417-809F-164A3BFDCFAD

EXHIBIT A
255
Xiaojia Joanna Liu
Senior Transportation Engineer
City of Livermore
May 6
th
, 2025
Level of Effort and Schedule
We anticipate delivering the Construction Package for this task by October 2025. Our estimated Level of Effort for this task is summarized below.

Tasks
Project
Manager
Task
Lead
Task
Lead
Project
Engineer
Project
Engineer
Hours
by
Task
Cost by Task
$282.00 $236.00 $202.00 $163.00 $163.00
Project
Management 4 8 12 $2,744.00
LPI
Implementation 24 12 16 52 $10,228.00
Data Collection 2 16 18 $3,012.00
50% PS&E 14 40 100 154 $28,328.00
90% PS&E 12 24 72 108 $19,968.00
Construction
Package 4 8 24 36 $6,656.00
Total 34 24 82 224 16 416 $70,936.00
We look forward to assisting the City on this task order. If you have any questions or concerns, please feel free to let me know.

Yours truly,
Ruta Jariwala, P.E., T.E.

Vice President
[email protected]
(408) 421-0768

EXHIBIT A & EXHIBIT B
Docusign Envelope ID: 308A6AB8-95E7-4417-809F-164A3BFDCFAD

EXHIBIT A
256
May 6, 2025
Joanna X.J. Liu, P.E., T.E.

Senior Transportation Engineer
Office 925-960-4556
Subject: Scope of Work and Level of Effort for On-Call Transportation Engineering Services – Task Order 2.

Dear Joanna
TJKM Transportation Consultants is pleased to submit our proposal to develop plans, specifications and estimates for pedestrian safety improvements at six non-signalized intersections. The improvements include installation/upgrade of stop signs or intersections warning/regulatory signs, installation of flashing beacons, and installation of rectangular rapid flashing beacon. We understand that this project is funded under HSIP funds.

Locations for the improvements as part of the HSIP funding include First St and Portola Ave, First St and Scott St, Jensen St and East Ave, Maple St and 5th St, Charlotte Way and Marcella St, and Charlotte Way and Arlene Way.

Scope of Work
Our Scope of Work to develop plans, specifications and estimates is based on the HSIP grant application for the project which is summarized below.
• Collect as-built drawings and conduct field observations • Develop 50% plans, specifications and estimates
• Develop 90% plans, specifications and estimates
• Develop Construction Package
We anticipate one round of comments on the 50% and 90% submittals. The comments received will be incorporated. The plans, specifications and estimates will be developed in compliance with Caltrans and City of Livermore standards.

EXHIBIT A & EXHIBIT B
Docusign Envelope ID: 308A6AB8-95E7-4417-809F-164A3BFDCFAD

EXHIBIT A
257
Xiaojia Joanna Liu
Senior Transportation Engineer
City of Livermore
May 6
th
, 2025
Level of Effort and Schedule
We anticipate delivering the Construction Package for this task by December 2025. Our estimated Level of Effort for this task is summarized below.

Tasks
Project
Manager
Task
Lead
Project
Engineer Hours by Task Cost by Task
$282.00 $202.00 $163.00
Project Management 4 8 12 $2,744.00
Data Collection 2 16 18 $3,012.00
50% PS&E 14 42 150 206 $36,882.00
90% PS&E 12 30 126 168 $29,982.00
Construction Package 4 8 24 36 $6,656.00
Total 34 90 316 440 $79,276.00
We look forward to assisting the City on this task order. If you have any questions or concerns, please feel free to let me know.

Yours truly,
Ruta Jariwala, P.E., T.E.

Vice President
[email protected]
(408) 421-0768

EXHIBIT A & EXHIBIT B
Docusign Envelope ID: 308A6AB8-95E7-4417-809F-164A3BFDCFAD

EXHIBIT A
258
May 6, 2025
Joanna X.J. Liu, P.E., T.E.

Senior Transportation Engineer
Office 925-960-4556
Subject: Scope of Work and Level of Effort for On-Call Transportation Engineering Services – Task Order 3.

Dear Joanna
TJKM Transportation Consultants is pleased to submit our proposal to develop plans, specifications and estimates for safety enhancements along nine (9) corridors within City of Livermore. The improvements include installation of dynamic/variable speed warning signs at 47 locations along nine corridors. We understand that this project is funded under HSIP funds.

Corridors as part of the HSIP funding include First St, Murrieta Blvd, Concannon Blvd, Las Positas Road, N Livermore Ave, S. Vasco Rd, W Jack London Blvd, Portola Ave, E Stanley Blvd and Patterson Pass Rd.

Scope of Work
Our Scope of Work to develop plans, specifications and estimates is based on the HSIP grant application for the project is summarized below.
• Collect as-built drawings and conduct field observations • Develop 50% plans, specifications and estimates
• Develop 90% plans, specifications and estimates
• Develop Construction Package
We anticipate one round of comments on the 50% and 90% submittals. The comments received will be incorporated. The plans, specifications and estimates will be developed in compliance with Caltrans and City of Livermore standards.

EXHIBIT A & EXHIBIT B
Docusign Envelope ID: 308A6AB8-95E7-4417-809F-164A3BFDCFAD

EXHIBIT A
259
Xiaojia Joanna Liu
Senior Transportation Engineer
City of Livermore
May 6
th
, 2025
Level of Effort and Schedule
We anticipate delivering the Construction Package for this task by December 2025. Our estimated Level of Effort for this task is summarized below.

Tasks
Project
Manager Task Lead Project Engineer
Project
Engineer Hours by Task Cost by Task
$282.00 $202.00 $163.00 $142.00
Project
Management 16 32 48 $10,976.00
Data Collection 16 32 32 80 $12,992.00
50% PS&E 40 124 264 224 652 $111,68.00
90% PS&E 24 60 120 120 324 $55,488.00
Construction
Package 12 24 40 40 116 $20,432.00
Total 92 256 456 416 1220 $211,056.00
We look forward to assisting the City on this task order. If you have any questions or concerns, please feel free to let me know.

Yours truly,
Ruta Jariwala, P.E., T.E.

Vice President
[email protected]
(408) 421-0768

EXHIBIT A & EXHIBIT B
Docusign Envelope ID: 308A6AB8-95E7-4417-809F-164A3BFDCFAD

EXHIBIT A
260
Revised 10/20/2020
B10 – 3M E&O