Agenda packet — Livermore City Council, July 14, 2025 (part 1 of 4)

CITY COUNCIL
AGENDA
MONDAY, JULY 14, 2025
REGULAR MEETING – 7:00 PM
CLOSED SESSION - 6:15 PM

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 July 14, 2025
1 1. CLOSED SESSION - 6:15 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 Legal Counsel - Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (One case)

1. Alameda County Taxpayers’ Association Inc, et al. v. Livermore, Alameda County Superior Court Case No. 23CV047436

1.2 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 - NONE

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

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

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

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

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

5. CONSENT CALENDAR
Consent Calendar items are considered routine and are acted upon by the City Council with a

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 July 14, 2025
2 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 - June 23, 2025 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report
Attachments:

1. DRAFT 2025-06-23

5.2 Resolution authorizing delegation of authority to the City Manager to award a construction contract, in an amount not-to-exceed $1,200,000, for the Stream Maintenance by Contractors Project, Project No. SD202523, for repairs at Holmes Street and the Arroyo Mocho.

Recommendation:

Staff recommends the City Council adopt a resolution for the construction of the Stream Maintenance by Contractors Project, Project No. SD202523:

1. Delegating authority to the City Manager to award a construction contract in a total amount not-to-exceed $1,200,000 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. Delegating authority to the City Manager to execute any change orders or amendments which do not exceed the not-to-exceed amount;

3. Delegating authority to the City Manager to reject all other bids; and

4. Authorizing 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.

Staff Report
Attachments:

1. Project Location

2. Resolution

3. Exhibit A - Draft Construction Contract

5.3 Resolution approving Final Tract Map 8714 Arroyo Vista, authorizing the execution of a Subdivision Improvement Agreement for the Arroyo Vista project located on the west side of the Arroyo Seco Channel along Las Positas Road, and accepting on behalf of the public, all real property offered for dedication within Final Tract Map 8714 except for certain dedications which the City Council reserves the right to accept at a future date.

Livermore City Council Agenda July 14, 2025
3 Recommendation:

Staff recommends the City Council adopt a resolution:

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

2. Approving Final Tract Map 8714 for recording;

3. Approving and authorizing execution of the Subdivision Improvement Agreement for Tract 8714; and

4. Accepting, on behalf of the public, all real property offered for dedication within Final Tract Map 8714 in conformance with the terms of the offer, except for the following, which the Council rejects at this time, reserving the right to accept the offer at a future date: Public Utility Easement (PUE), Water Line Easement (WLE), and Sanitary Sewer Easement (SSE), Public Access Easement (PAE), Vilana Street, Marengo Loop, Las Positas Road and Arroyo Vista Street, and Emergency Vehicle Access Easement (EVAE).

Staff Report
Attachments:

1. Vicinity Map

2. Resolution

3. Exhibit A - Final Tract Map 8714

4. Exhibit B - Subdivision Improvement Agreement

5.4 Resolution authorizing minor modifications 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
Recommendation:

Staff recommends the City Council authorize the City Manager to execute a resolution to authorize minor modifications 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 to add an approved composting site, clarify the scope of materials eligible for on-call single-family clean-up services, and include an additional Livermore Sanitation signatory.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Third Amendment to Franchise Agreement

5.5 Resolution authorizing the approval of K.J. Woods Construction, Inc.'s request to withdraw their bid proposal, authorizing supplemental appropriations to the Fiscal Year 2025-26 budget, and awarding a construction agreement to DPI, Inc., in the amount of $4,798,723, for the Sewer Replacement Project, WW202003.

Recommendation:

Staff recommends the City Council adopt a resolution for the Sewer Replacement Project WW202003:

1. Authorizing approval of K.J. Woods Construction, Inc. request to withdraw their bid Livermore City Council Agenda July 14, 2025
4 proposal;

2. Authorizing a supplemental appropriation of $250,875 from Wastewater Replacement Fund 622 to the FY 2025-26 budget for Sewer Replacement Project, WW202003;

3. Authorizing a supplemental appropriation of $83,625 from Wastewater Connections Fees Fund 623 to the FY 2025-26 budget for Sewer Replacement Project, WW202003;

4. Authorizing a supplemental appropriation of $15,500 from County Measure BB – Local Streets and Roads Fund 552 to the FY 2025-26 budget for Sewer Replacement Project, WW202003;

5. Awarding and authorizing execution of a construction agreement with DPI, Inc., in the amount of $4,798,723, for construction of the Sewer Replacement Project, WW202003 pursuant to Livermore Municipal Code section 2.68.58 (C);

6. Rejecting all other bids or proposals; and

7. Authorizing 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.

Staff Report
Attachments:

1. Vicinity Map

2. Resolution

3. Exhibit A - Agreement

5.6 Resolution authorizing the execution of an agreement with Pencco, Inc. for the supply and delivery of ferric chloride for use at the Water Reclamation Plant in an amount not-to-exceed $210,600.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Pencco, Inc. for the supply and delivery of ferric chloride for use at the Water Reclamation Plant in an amount not-to-exceed $210,600.

Staff Report
Attachments:

1. Award Letter

2. Resolution

3. Exhibit A - Agreement

5.7 Resolution authorizing execution of an agreement with Univar Solutions USA, LLC for the supply and delivery of sodium hypochlorite (12.5%) for use at the Water Reclamation Plant, in an amount no-to-exceed $705,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Univar Solutions USA, LLC for the supply and delivery of sodium hypochlorite (12.5%) for use at the Water Reclamation Plant, in an amount not-to-exceed $705,000.

Staff Report
Livermore City Council Agenda July 14, 2025
5 Attachments:

1. Award Letter

2. Resolution

3. Exhibit A - Agreement

5.8 Resolution authorizing the execution of a two-year agreement with Interwest Consulting Group to provide planning services in an amount not-to-exceed $390,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Interwest Consulting Group to provide planning technical services for the period of July 10, 2025, through July 10, 2027, in an amount not-to-exceed $390,000.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Agreement

5.9 Resolution approving the Memorandum of Understanding between the City of Livermore and the Livermore Management Group (LMG).

Recommendation:

Staff recommends that the City Council adopt a resolution authorizing the execution of the Memorandum of Understanding (MOU) between the City of Livermore and the Livermore Management Group (LMG) for the period of July 1, 2025, through June 30, 2029.

Staff Report
Attachments:

1. Memorandum of Understanding - Redlined

2. Resolution

3. Exhibit A - LMG MOU 2025 - 2029

5.10 Resolution approving the Memorandum of Understanding between the City of Livermore and the Livermore Police Management Association.

Recommendation:

Staff recommends that the City Council adopt a resolution authorizing the execution of the Memorandum of Understanding (MOU) between the City of Livermore and the Livermore Police Management Association for the period of July 1, 2025, through June 30, 2029.

Staff Report
Attachments:

1. Memorandum of Understanding - Redlined

2. Resolution

3. Exhibit A - Livermore PMA MOU 2025 - 2029

5.11 Resolution approving the City of Livermore Salary Plan as of July 14, 2025, in accordance with California Code of Regulations, Title 2, Section 570.5.

Livermore City Council Agenda July 14, 2025
6 Recommendation:

Staff recommends the City Council adopt a resolution approving the City of Livermore Salary Plan as of July 14, 2025, in accordance with California Code of Regulations, Title 2, Section 570.5.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Salary Plan effective July 2025

5.12 Resolution approving the 2025-26 City of Livermore State and Federal Legislative Platform and updating the City's Legislative Platform to a two-year cycle.

Recommendation:

Staff recommends the City Council adopt a resolution approving the 2025-26 City of Livermore State and Federal Legislative Platform and updating the City's Legislative Platform to a twoyear cycle.

Staff Report
Attachments:

1. Redlined 2025-26 City of Livermore State and Federal Legislative Platform

2. 2024 Tri-Valley Cities Legislative Framework

3. Resolution

4. Exhibit A - City of Livermore 2025-26 State and Federal Legislative Platform

5.13 Approval of the City Council 2026 Meeting Calendar.

Recommendation:

Staff recommends the City Council approve the 2026 Meeting Calendar. Staff is prepared to make adjustments if a Council Member identifies a scheduling or holiday conflict to ensure all members of the Council can participate in meetings.

Staff Report

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

Recommendation:

Staff recommends the City Council hold a Public Hearing to:

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

2. Adopt a resolution overruling protests;
Livermore City Council Agenda July 14, 2025
7 3. Confirm the Fiscal Year 2023-2024 assessments if applicable;

4. Direct staff to forward a finalized copy of the assessment report to the County Tax Assessor; and

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

Staff Report
Attachments:

1. Resolution

2. Exhibit A - Property Assessment - Solid Waste and Recycling

6.2 Public Hearing to receive and consider the Comprehensive Housing Update to the Livermore Development Code and establishment of Mixed-Use and Multifamily Objective Design Standards (Development Code Amendment (DCA) 23-001 and Policy Proposal (POL) 25-001) Recommendation:

The Planning Commission and staff recommend the City Council:

1. Adopt a resolution finding the project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3) and Government Code Sections 65852.2, 65852.21, 65852.24, 65912.114 and 65912.124;

2. Adopt a resolution approving the Mixed-Use and Multifamily Objective Design Standards;

3. Introduce an ordinance, and waive the first reading, repealing Development Code housing sections 6.02.030 Density Bonus, 6.03.060 Emergency Shelters, 6.03.070 Farmworker Housing, 6.03.080 Mobile Homes and Mobile Home Parks, 6.03.120 Accessory Dwelling Units, and 10.06.050 Affordable Housing, and adopting a new “Part 11 Housing” chapter in the Development Code;

4. Introduce an ordinance, and waive the first reading, amending Development Code sections 9.07.020 Applicability, 9.07.030 (Table 9.3 Review Authority for Site Plan and Design Review), 9.07.040 Application Filing, Processing, and Review, of “Part 9 Permits and Approvals”, and sections 10.01.050 (Table 10.1 Subdivision Review Authorities), and 10.02.050 Tentative Map Public Hearing and Action of "Part 10 Subdivisions"; and

5. Introduce an ordinance, and waive the first reading, amending various Development Code sections for internal consistency with new “Part 11 Housing” and amendments to “Part 9 Permits and Approvals” and “Part 10 Subdivisions”.

Staff Report
Attachments:

1. Planning Commission Staff Report - June 3, 2025

2. Planning Commission Draft Meeting Minutes - June 3, 2025

3. Planning Commission Public Comments - June 3, 2025

4. Planning Commission Study Session Staff Report - May 6, 2025

5. Planning Commission Meeting Minutes - May 6, 2025

6. Resolution - CEQA

7. Exhibit A - Resolution No. 17-25

8. Resolution - MODS

9. Exhibit A - Resolution No. 18-25
Livermore City Council Agenda July 14, 2025
8 10. Exhibit B - MODS

11. Ordinance - Part 11

12. Exhibit A - Resolution No. 19-25

13. Exhibit B - Part 11

14. Ordinance - Permit Streamlining

15. Exhibit A - Resolution No. 20-25

16. Exhibit B - Permit Streamlining

17. Ordinance - Internal Consistency

18. Exhibit A - Resolution No. 21-25

19. Exhibit B - Internal Consistency

6.3 Public Hearing to adopt a resolution authorizing the City Manager to execute a Renewable Energy & Storage Power Purchase Agreement with Ava Community Energy and determining that the agreement is in the City’s best interest.

Recommendation:

Staff recommends the City Council adopt two resolutions:

1. Determining the project is exempt from the California Environmental Quality Act (CEQA) because it is consistent with California Public Resources Code section 21080.35, which provides that solar energy systems installed on the roof of an existing building or on an existing parking lot, meeting certain characteristics, are exempt from CEQA; and.

2. Authorizing the City Manager to execute a Renewable Energy & Storage Power Purchase Agreement between the City and Ava Community Energy in substantially the same form as the draft agreement, subject to the City Attorney's approvals as to form, pursuant to the California Government Code (sections 4217.10 through 4217.18), and determining pursuant to California Government Code section 4217.12 that the agreement is in the City’s best interest because the anticipated energy costs will be less than the marginal cost the City would otherwise pay for the consumed energy, which savings will also offset any potential revenue from Ava to place its equipment on City facilities.

Staff Report
Attachments:

1. Resolution - CEQA

2. Resolution - Agreement

3. Exhibit A - Draft Agreement

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, July 28, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.

Livermore City Council Agenda July 14, 2025
9 10. SUPPLEMENTAL MATERIALS

10.1 Supplemental materials received prior to the meeting.

Staff Report
Attachments:

1. Supplemental Materials

10.2 Supplemental materials received at the meeting.

Staff Report
Attachments:

1. Item Received at the Meeting

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

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

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

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

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

Platforms to Participate in Meetings:

Submission of Comments Prior to the Meeting:

Email Comments may be submitted by the public to the City Clerk’s Office ([email protected]). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.
eComments may be submitted by the public using the eComment link here. Comments may be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the Livermore City Council Agenda July 14, 2025
10 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.

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 July 14, 2025
11 CITY COUNCIL STAFF REPORT ITEM NO. 5.1
DATE: July 14, 2025
TO: Honorable Mayor and City Council
FROM: Marianna A. Burch, City Manager
SUBJECT: Approval of draft minutes - June 23, 2025 Regular Meeting.

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

SUMMARY

DISCUSSION

ATTACHMENTS

1. DRAFT 2025-06-23
Prepared by: Debbie Elam
City Clerk
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
12 JUNE 23, 2025 Minutes CM/75/1

DRAFT MINUTES

CITY COUNCIL
JUNE 23, 2025
________________________________________________________________

CLOSED SESSION
CALL TO ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand at 6:45 pm, held in person at 1016 S. Livermore Avenue.

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

Absent: Vice Mayor Evan Branning, excused.

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.

1. ADJOURN TO CLOSED SESSION

1.1 Conference with Labor Negotiators. To meet with the City’s negotiators Tina Olson, Administrative Services Director, Kristen Hilton, Human Resources Manager, and Tim Davis, a partner with the law firm Burke, Williams & Sorensen pursuant to Government Code section 54957.6, regarding negotiations with the International Association of Fire Fighters, Local 1974, Fire Employees Unit, AFLCIO-CLC.

1.2 Conference with Labor Negotiators. To meet with the City’s negotiators Tina Olson, Administrative Services Director, Kristen Hilton, Human Resources Manager, and Tim Davis, a partner with the law firm Burke, Williams & Sorensen pursuant to Government Code section 54957.6, regarding negotiations with the International Association of Fire Fighters, Local 1974, Battalion Chief’s Unit, AFLCIO-CLC. ________________________________________________________________

REGULAR MEETING

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, Council Members Ben Barrientos, ATTACHMENT 1
13 CM/75/2 Minutes JUNE 23, 2025
Steven Dunbar, and Kristie Wang.

Absent: Vice Mayor Evan Branning, excused

PLEDGE OF ALLEGIANCE

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

Mayor Marchand re-ordered the agenda and moved Item 5.9 after Item 6.1

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation declaring June 2025 as Pride Month, presented to Brittni Kiick, Chair for Livermore Pride.

Mayor Marchand presented a proclamation to Brittni Kiick, former Council Member and Chair for Livermore Pride, declaring June 2025 as Pride Month.

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

Manav Patel, provided a comment.

Benjamin Steyaert, provided a comment.

Cy Matin, 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.

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

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

BRANNING ABSENT, THE CITY COUNCIL APPROVED THE CONSENT
CALENDAR WITH THE EXCEPTION OF 5.9.

5.1 Approval of draft minutes - June 9, 2025 Regular Meeting.

5.2 Adoption of Ordinance 2175 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.

ATTACHMENT 1
14 JUNE 23, 2025 Minutes CM/75/3

5.3 Resolution 2025-093 authorizing execution of a two-year grant agreement with i-GATE Development Corporation for entrepreneurial support and development activities for Fiscal Years 2025-26 and 2026-27 in an amount not-toexceed $300,000 each fiscal year.

5.4 Resolution 2025-094 authorizing a purchase order to Baker & Taylor Books for purchases of library books and related materials in FY 2025-26, in an amount not-to-exceed $240,000.

5.5 Resolution 2025-095 establishing the Appropriations Limit consistent with State law for FY 2025-26.

5.6 Resolution 2025-096 authorizing the execution of Project and Program Grant Agreements with East Bay Musical Society, Livermore Filipino American Organization, Pacific Chamber Orchestra, and SPARC Theater consistent with the City's Public Art Policy.

5.7 Resolution 2025-097 authorizing the execution of an agreement with HDR Engineering, Inc. for Geographic Information System (GIS) Strategic Plan implementation and GIS services for three years in an amount not-to-exceed $399,773.

5.8 Resolution 2025-098 approving the updated Investment Policy and the annual delegation of investment authority to the City Treasurer.

6. PUBLIC HEARINGS

6.1 Hearing to consider a resolution approving the FY 2025-29 Consolidated Plan, the FY 202526 Annual Action Plan, and the Citizen Participation Plan; authorizing submittal to the U.S. Department of Housing and Urban Development; and authorizing execution of associated documents.

Recommendation: The Human Services Commission and staff recommended the City Council:

1. Approve the FY 2025-29 Consolidated Plan and the FY 2025-26 Annual Action Plan, attached hereto as Exhibit A, and authorizes submission of the Consolidated Plan and Action Plan to Alameda County for inclusion with the Alameda County HOME Consortium report for submittal to HUD;

2. Approve the Citizen Participation Plan, attached hereto as Exhibit B, and authorizes submission of the Citizen Participation Plan to Alameda County for inclusion with the Alameda County HOME Consortium report for submittal to HUD;

3. Authorize the City Manager, or her designee, to negotiate and execute all documentation and agreements with HUD and any subgrantees that are necessary and appropriate to effectuate the FY 2025-29 Consolidated Plan and FY 2025-26 ATTACHMENT 1
15 CM/75/4 Minutes JUNE 23, 2025
Annual Action Plan, including, without limitation, the FY 2025-26 Entitlement Certifications, attached hereto as Exhibit C; and

4. Authorize the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the FY 2025-29 Consolidated Plan, FY 2025-26 Annual Action Plan, and the Citizen Participation Plan.

Amy Walker, Management Analyst I, presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers, and the hearing was closed.

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

BRANNING ABSENT, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2025-099 approving the FY 2025-2029 Consolidated Plan, the FY2025-26 Annual Action Plan, and the Citizen Participation Plan; authorizing submittal to the U.S. Department of Housing and Urban Development; and authorizing execution of associated documents.

5.9 Resolution authorizing the allocation and appropriation of Community Development Block Grant and Home Investment Partnership Grant Funds in the total amount of $1,041,020 for Fiscal Years 2025-27 and authorizing the execution of documents required to receive, use, and distribute funds.

Mayor Marchand opened the public comment period.

Marti Sutton, provided a comment.

Lara Calvert, provided a comment.

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

ON THE MOTION OF COUNCIL MEMBER WANG, SECONDED BY COUNCIL MEMBER DUNBAR, AND CARRIED ON A 4-0 VOTE, WITIH VICE MAYOR BRANNING ABSENT, THE CITY COUNCIL APPROVED ITEM 5.9 AND ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2025-100 authorizing the allocation and appropriation of Community Development Block Grant and Home Investment Partnership Grant Funds in the total amount of $1,041,020 for Fiscal Years 2025-27 and authorizing the execution of documents required to receive, use, and distribute funds.

6.2 Public hearing for the confirmation of the levy of assessments for the City’s Landscape Maintenance Districts for FY 2025-26.

ATTACHMENT 1
16 JUNE 23, 2025 Minutes CM/75/5
Recommendation: Staff recommended the City Council:

1. Conduct a public hearing for the confirmation of the annual levy of assessments for the City’s Landscape Maintenance Districts for FY 2025-26; and

2. Adopt a resolution confirming the annual levy of assessments for the City’s Landscape Maintenance Districts and directing actions with respect thereto for FY 2025-26.

Marisa Gan, Management Analyst II, presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

ON THE MOTION OF COUNCIL MEMBER BARRIENTOS, SECONDED BY COUNCIL MEMBER DUNBAR, AND CARRIED ON A 4-0 VOTE WITH VICE

MAYOR BRANNING ABSENT, THE CITY COUNCIL ADOPTED THE
FOLLOWING RESOLUTION:

Resolution 2025-101 confirming the annual levy of assessments for landscape maintenance districts for fiscal year 2025-2026 and directing actions with respect thereto

6.3 Hearing to receive and consider all evidence and reports regarding the adoption of a Master Fee Schedule.

Recommendation: Staff recommended the City Council adopt a resolution adopting the City's Master Fee Schedule, incorporating certain fee changes and superseding resolution 2024-105.

Erik Peterson, Finance Manager, presented the staff report.

Mayor Marchand opened the public hearing.

There were no speakers and the hearing was closed.

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

BRANNING ABSENT, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2025-102 adopting the Master Fee Schedule incorporating certain fee changes for services provided and superseding Resolution 2024-105

7. MATTERS FOR CONSIDERATION
ATTACHMENT 1
17 CM/75/6 Minutes JUNE 23, 2025

7.1 Appointment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of July 1, 2025 - December 31, 2025 Recommendation: Staff recommended the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisory Bodies for the period of July 1, 2025 - December 31, 2025, with the City Council's approval.

Mayor Marchand opened the public comment period.

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

Mayor Marchand recommended Vice Mayor Branning and Council Member Wang be appointed to the Subcommittee on Advisory Bodies for the period of July 1, 2025 - December 31, 2025

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

BRANNING ABSENT, THE CITY COUNCIL APPOINTED VICE MAYOR

BRANNING AND COUNCIL MEMBER WANG TO THE SUBCOMMITTEE ON ADVISORY BODIES FOR THE PERIOD JULY 1, 2025 TO DECEMBER 31, 2025.

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 of Dublin Council Member Barrientos noted his attendance at the June 19, 2025 Juneteenth Celebration.

City of Livermore Council Member Barrientos noted his attendance at the June 23, 2025 Livermore Teen Academy graduation.

Interfaith Housing Council Member Dunbar noted his attendance at the Pacific Avenue Senior Apartments groundbreaking on June 13, 2025.

9. ADJOURNMENT – at 7:50 pm to a Regular City Council Meeting on Monday, July 14, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.

APPROVED:

JOHN P. MARCHAND, MAYOR
ATTACHMENT 1
18 JUNE 23, 2025 Minutes CM/75/7
ATTEST: ___
DEBORAH L. ELAM, CITY CLERK
ATTACHMENT 1
19 CITY COUNCIL STAFF REPORT ITEM NO. 5.2
DATE: July 14, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing delegation of authority to the City Manager to award a construction contract, in an amount not-to-exceed $1,200,000, for the Stream Maintenance by Contractors Project, Project No. SD202523, for repairs at Holmes Street and the Arroyo Mocho.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution for the construction of the Stream Maintenance by Contractors Project, Project No. SD202523:

1. Delegating authority to the City Manager to award a construction contract in a total amount not-toexceed $1,200,000 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. Delegating authority to the City Manager to execute any change orders or amendments which do not exceed the not-to-exceed amount;

3. Delegating authority to the City Manager to reject all other bids; and

SUMMARY
The Stream Maintenance by Contractors, Project No. SD202523, aims to stabilize the bank and remove sediment and debris within the Arroyo Mocho channel by Holmes Street to address flood concerns. The site location is shown in Attachment 1 – Project Location.

Winter storm events during recent years have caused significant impacts to the Arroyo Mocho near Holmes Street Bridge. At the north bank downstream of the bridge, there is a failed embankment that could expose an existing 60” city-owned storm drainpipe and pose a threat to the health and safety of residents utilizing the trail at the top of the bank. Additionally, a significant amount of sediment has accumulated underneath the bridge, which reduces the stream’s capacity for transporting stormwater 20 and may pose a flood risk to the public health and safety of the residents if the repair is not completed.

These maintenance activities were submitted to the regulatory agencies for permitting under the Stream Maintenance Program (SMP) and permits are expected to be issued in August 2025. Regulatory agencies require work in the creek to be completed by October 15th on an annual basis. The project was advertised for public bidding on June 6, 2025 with a bid opening date on July 3, 2025. Because the City has not historically held City Council meetings in August, staff recommends that the City Manager be authorized to sign a construction contract up to $1,200,000 so these critical repairs can start in August and be completed by the middle of October.

DISCUSSION
The Stream Maintenance by Contractors, Project No. SD202523, consists of two parts: riprap placement, and sediment and debris removal. Riprap placement involves excavation of native material and installation of ½ ton riprap with filter fabric at the north downstream bank to provide embankment protection. The riprap provides stabilization to keep the embankment in place and also works as erosion control to shield the underlying soil from the stormwater flow. Additionally, sediment and debris will be removed and off hauled to a specified site to restore the stormwater channel capacity before the next winter storms. If the channel isn't restored, stormwater may fail to flow properly, increasing the risk of flooding and endangering residents' health and safety. Other project activities include implementation of temporary construction fencing, temporary staging and stockpiling areas, temporary detour signages, and temporary erosion control measures.

The SMP consists of annual projects to help monitor and maintain creeks and flood control channels.

This program streamlines environmental permitting, which generally can take six months or longer for individual permits depending on the size and scope of the work. The typical SMP schedule includes project planning in winter, submission of proposed maintenance activities to the regulatory agencies for permitting in spring, and permits are expected to be issued in August. This project was advertised on June 6, 2025, and award of the construction contract is contingent upon regulatory permit approval.

Regulatory agencies require work in the creek to be completed by October 15th on an annual basis. The narrow timeframe between bid opening on July 6, 2025, regulatory permit approval in August, and the October 15th work restriction limits the construction window for work in the creek. Because the City has not historically held City Council meetings in August, staff recommends the City Manager be authorized to sign a construction contract up to $1,200,000 so these critical repairs can be started in August.

Repairing the Holmes Street site will restore creek flows and safety of the community before the next winter storms to mitigate flooding.

FISCAL AND ADMINISTRATIVE IMPACTS
The budget for the Stream Maintenance by Contractors, Project No. SD202523, is included in the 2025- 2030 Capital Improvement Plan, which was adopted by Council on June 9, 2025. This budget covers the cost of this construction contract and all other project costs including design, change orders, permits, construction support services, and project management. The project is funded as shown on the table below. No additional budget appropriations are required.

Stream Maintenance by Contractors, Project No. SD202523 Fund No. Fund Name FY 2025-26
21 101 CIP Reserves - Storm 1,300,000
Total 1,300,000

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

ATTACHMENTS

1. Project Location

2. Resolution

3. Exhibit A - Draft Construction Contract
Prepared by: Leo Sum
Assistant Civil Engineer
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
22 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
6/10/2025 2:37:06
PM
Prepared:

Notes:

Scale:

ATTACHMENT 1

MURRIETA BLVD FOURTH STREET

HOLMES STREET

MOCHO STREET
Project
Location ATTACHMENT 1
Project Location - Stream Maintenance
by Contractors, SD202523
Stream Maintenance by Contractors, Project No. SD202523 23 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING DELEGATION OF AUTHORITY TO

THE CITY MANAGER TO AWARD A CONSTRUCTION CONTRACT IN
AN AMOUNT NOT-TO-EXCEED $1,200,000 FOR THE STREAM
MAINTENANCE BY CONTRACTORS PROJECT, PROJECT NO.

SD202523 FOR REPAIRS AT HOLMES STREET AND THE ARROYO
MOCHO
(Stream Maintenance by Contractors, Project No. SD202523) Winter storm events during recent years have caused significant impacts to the Arroyo Mocho near Holmes Street Bridge. At the north bank downstream of the bridge, there is a failed embankment that could expose an existing 60” city-owned storm drain pipe and pose a threat to the health and safety of residents utilizing the trail.

Additionally, a significant amount of sediment has accumulated underneath the bridge, which reduces the stream’s capacity for transporting stormwater and may pose a flood risk to the public health and safety of the residents if the repair is not completed.

The Stream Maintenance by Contractors, Project No. SD202523, aims to stabilize the bank and remove sediment and debris within the Arroyo Mocho channel by Holmes Street to address these flood concerns.

These maintenance activities were submitted to the regulatory agencies for permitting under the Stream Maintenance Program and permits are expected in August 2025. Regulatory agencies require work in the creek to be completed by October 15.

Because the City has not historically held City Council meetings in August, staff recommends that the City Manager be authorized to sign a construction contract up to $1,200,000 so these critical repairs can start in August and be completed by the middle of October.

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 construction contract in a total amount not-to-exceed $1,200,000 for the Stream Maintenance by Contractors Project SD202523 attached as Exhibit A and incorporated by this reference.

2. Delegates authority to the City Manager to execute any change orders or amendments which do not exceed the not-to-exceed amount;

3. Delegates authority to the City Manager to reject all other bids; and

4. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution. 24 2 RESOLUTION NO. ________
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 14, 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 – Draft Construction Contract
25 Livermore Contract Documents, page 35
Contract

CONTRACT
This public works contract (“Contract”) is entered into by and between the City of Livermore, a California Municipal Corporation (“City”) and {Name of Contractor}, {a/an} {list contractor's state of registration here} {identify type of entity here} eg: a California corporation(“Contractor”) for work on the Stream Maintenance by Contractors, City Project No. SD202523 (“Project”).

The Parties Agree as Follows:

1. Award of Contract.

In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform work on the Project, and on _____________, 20___, as part of Resolution No. __________________, City authorized award of this Contract to Contractor for the amount of Contractor’s bid.

2. Contract Documents.

This Contract consists of all of the written representations and submissions made by Contractor as part of the Bid process and the following numbered and un-numbered component documents, as detailed on the table of contents of this Agreement:
a. Bidding requirements (consisting of the Notice Inviting Bids; Instructions to Bidders; Bid Proposal; Bid Schedule, Subcontractor List, Noncollusion Declaration, Bid Bond, Bidder’s Questionnaire, Payment Bond, Performance Bond, Warranty Bond);
b. General Conditions;
c. Special Conditions;
d. Division One Technical Specifications;
e. Appendix;
f. Index of Defined Terms;
g. Project Drawings and Specifications;
h. Bid Addenda, if any;
i. Change Orders, if any;
j. ALB Notice;
k. Notice to Proceed;
l. City Standard Specifications and Details;
EXHIBIT A Page 1 of 6
26 Livermore Contract Documents, page 36
Contract
m. And the following:

3. Contractor’s Obligations.

Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment.

As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor _________________________________________ Dollars ($________________) (the “Contract Price”), in accordance with the payment provisions in the General Conditions.

5. Time for Completion.

5.1. Substantial Completion
Contractor must achieve Substantial Completion, as that term is defined in the General Conditions, of the Project Work within 25 Working Days from the commencement date stated in the Notice to Proceed. (“Substantial Completion Deadline.”). For this project, the Contractor shall also incorporate 2 of average anticipated inclement Weather Days into their bid estimate. Contractor shall be solely responsible for the extended overhead and profit for these weather days and shall not be compensated by the City in any way, reference Section 10.3 of the General Conditions and Section 013200-4.3 Contract Schedules for additional weather day information.

Contractor must complete all work within the creek banks as shown on the Project Drawings as well as other provisions contained in the Contract Documents prior to October 15, 2025 per the Regional Water Quality Control Board requirement that prohibits the City from undertaking creek work after this date.

5.2. Final Completion
Contractor must achieve Final Completion, as that term is defined in the General Conditions, of the Project Work within 10 Working Days after the date of substantial completion. (“Final Completion Deadline.”)

5.3. Early Completion.

By signing below, Contractor expressly waives any claim for delayed early completion.

EXHIBIT A Page 2 of 6
27 Livermore Contract Documents, page 37
Contract

6. Liquidated Damages.

If Contractor fails to meet either the Substantial Completion Deadline or the Final Completion Deadline, City may assess liquidated damages according to the provisions in the General Conditions of the Contract Documents in the following amounts for each day of Unexcused Delay, and the Contract Price shall be reduced accordingly.

6.1. Substantial Completion Deadline: Five Thousand Dollars ($5000) per day.

6.2. Final Completion Deadline: Five Hundred Dollars ($500) per day.

7. Labor Code Compliance.

This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the California Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance.

7.1. Prevailing Wages.

This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. The general prevailing wage rates for each craft, classification or type of covered work are available online at http://www.dir.ca.gov/DLSR.

7.2. DIR Registration.

City will not accept a Bid Proposal from or enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code, Section 1725.5, subject to limited legal exceptions allowed by the Labor Code.

8. Workers’ Compensation Certification.

Under Labor Code, Section 1861, by signing this Contract, Contractor certifies as follows:
“I am aware of the provisions of Labor Code, Section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” The successful bidder previous to the entering of the contract to do the said work shall take out and maintain in full force and effect worker's compensation insurance with an insurance carrier authorized to transact business in the State of California, covering the bidder's full liability for compensation to any persons employed who may be injured in the carrying out of said contract or the dependents thereof. Evidence of such worker's compensation insurance shall be furnished to the City of Livermore by certificate and waiver of subrogation in the City’s electronic insurance certificate tracking system (PINS) EXHIBIT A Page 3 of 6
28 Livermore Contract Documents, page 38
Contract
prior to the commencement of the work and said certificate shall contain a provision that the coverage thereunder will not be canceled until at least thirty (30) days prior written notice has been given to the City.

9. Notice.

Any notice, billing, or payment required by the Contract Documents must be made in writing, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows:

City Contractor
Name Joel Waxdeck
Address 1052 South Livermore Avenue
City/state/zip Livermore, CA 94550
Phone (925) 960 – 4521
Fax (925) 960 – 4505
Attention City Engineer
Email [email protected]
Copy to [email protected]

10. General Provisions.

The following items are repeated here as stated as part of Part 2, General Conditions, for emphasis:

10.1. Assignment and Successors.

Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s successors and permitted assigns. A consolidation or merger of Contractor or a change in ownership of 25% or more of Contractor’s capital stock constitutes an assignment by Contractor requiring the City’s written consent.

10.2. Third Party Beneficiaries.

There are no intended third party beneficiaries to this Contract except as expressly provided in the General Conditions or Special Conditions.

10.3. Governing Law and Venue.

This Contract will be governed by California law and venue will be in the Superior Court of the County in which the Project is located, and no other place.

10.4. Amendment.

EXHIBIT A Page 4 of 6
29 Livermore Contract Documents, page 39
Contract
No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

10.5. Integration; Severability.

This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. If any provision of the Contract Documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract Documents will remain in full force and effect.

11. Authorization.

Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required under California Corporation Code, Section 313.

The parties agree to this Contract as witnessed by the signatures below:

CITY
City of Livermore, a California
Municipal Corporation
s/_____________________________
Marianna A. Burch, City Manager
Date: ________________________
Approved as to form:
_____________________________
Assistant/Senior Assistant/City Attorney

CONTRACTOR
______________________________
s/_____________________________
Name/Title [print]
Date: ________________________
s/_____________________________
Name/Title [print]
Date: ________________________
_______________________________
Contractor’s Calif. License Number(s)
Seal:

EXHIBIT A Page 5 of 6
30 Livermore Contract Documents, page 40
Contract
__________________________
Expiration Date(s)

END OF DOCUMENT
EXHIBIT A Page 6 of 6
31 CITY COUNCIL STAFF REPORT ITEM NO. 5.3
DATE: July 14, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution approving Final Tract Map 8714 Arroyo Vista, authorizing the execution of a Subdivision Improvement Agreement for the Arroyo Vista project located on the west side of the Arroyo Seco Channel along Las Positas Road, and accepting on behalf of the public, all real property offered for dedication within Final Tract Map 8714 except for certain dedications which the City Council reserves the right to accept at a future date.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution:

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

2. Approving Final Tract Map 8714 for recording;

3. Approving and authorizing execution of the Subdivision Improvement Agreement for Tract 8714; and

SUMMARY
TH Arroyo Vista LLC, (Developer) has completed a Final Tract Map and Subdivision Improvement Agreement in conformance with the conditions of approval for Vesting Tentative Tract Map 8379. Tract Map 8714 is a remapping of Tract 8379 that was approved by City Council on February 12, 2024. Tract Map 8714 consists of 86 single family homes and 109 townhome units and is located on the west side of the Arroyo Seco Channel along Las Positas Road. The proposed Subdivision Improvement Agreement for Tract 8714 supersedes the original Subdivision Improvement Agreement for Tract 8379. Public improvements include public sewer, water, lighting, multi-use trail, streets, sidewalks, buffered bike lanes, and new traffic signals at the intersection of Las Positas Road and Arroyo Vista as well as at Las Positas Road and Contractors Street. Private improvements include private streets, sidewalks, storm 32 drain, open space, bio-retention basins, and lighting. Final Tract Map 8714 can now be approved. All real property offered for dedication on Final Tract Map 8714 can be accepted at this time except for the following: Public Utility Easement (PUE), Public Water Line Easement (WLE), and Sanitary Sewer Easement (SSE), Public Access Easement (PAE), Vilana Street, Marengo Loop, Las Positas Road and Arroyo Vista Street , and Emergency Vehicle Access Easement (EVAE), reserving the right to accept the offers at a future date.

DISCUSSION
On July 24, 2017, the City Council approved Vesting Tentative Tract Map 8379 (SUB16-010) and the conditions of approval for the Arroyo Vista development, consisting of 435 residential units in two phased maps as shown in the Vicinity Map (Attachment 1). The first phase of the tentative map, Tract 8379, consists of 86 single family homes and 109 townhome units, and is located on the west side of the Arroyo Seco Channel along Las Positas Road. The second phase of the tentative map Tract 8689 consists of 108 duet flats homes and 132 townhome units and is located on the east side of the Arroyo Seco Channel along Las Positas Road. City Council approved final Tract Map 8379 on February 12, 2024, and Tract Map 8689 on September 9, 2024.

Following City Council approval of Tract 8379, the Developer requested architectural modifications, including an increase in building height from two to three stories for all single family detached homes.

The increased height also required that the private alleys where these houses are located be widened to accommodate increased space needed for the Fire Department access. This necessitated a remapping of these alleys with a new final tract map.

On July 16, 2024, the Planning Commission amended the previous entitlements approved with Specific Plan Amendment (SPPA) 24-002, Planned Development (PD) 24-001, Site Plan Design Review Modification (SPDRM) 24-002, and Development Agreement Amendment (DAA) 24-001, to accommodate these requested changes to the project.

On September 23, 2024, the City Council approved an ordinance approving Development Agreement Amendment (DAA) 24-001 with TH Arroyo Vista LLC, approving the requested changes for the Arroyo Vista neighborhood project.

The Developer has prepared new Final Tract Map 8714 in accordance with the amended conditions of approval for the project that will remap Final Tract Map 8379. Staff has found the Final Tract Map 8714 and improvement plans to be in substantial conformance with the amended conditions of approval for Vesting Tentative Tract Map 8379. The improvement plans have been approved and are on file with the City Engineer.

The proposed Subdivision Improvement Agreement for Tract 8714 supersedes the original Subdivision Improvement Agreement for Tract 8379 and will secure the construction of the public and private improvements. The Developer is responsible for funding and constructing the public and private improvements required for this development. Public improvements include public sewer, water, lighting, landscaping, a public trail along the Arroyo Seco Channel, buffered bike lanes, new public streets, and new traffic signals. The Developer has provided the required insurance and bonds securing the construction of improvements per the provisions of the Subdivision Improvement Agreement. The bonds are on file in the City Clerk's office. The bonds will be released once the public improvements have been completed and accepted by the City.
33 There are private infrastructure improvements, including private streets, sidewalks, storm drains, bioretention basins, utilities, and lighting which will be privately maintained through the Homeowners Association for the project.

Final Parcel Map 8714 includes an offer of dedication for public utilities, an emergency vehicle access easement, and a public access easement. Staff recommends the Council reject the Public Utility Easement (PUE), Water Line Easement (WLE), and Sanitary Sewer Easement (SSE), the Emergency Vehicle Access Easement (EVAE), Public Access Easement (PAE), Vilana Street, Marengo Loop, Las Positas Road and Arroyo Vista Street reserving the right to accept the offers at a future date, after these public improvements have been completed.

FISCAL AND ADMINISTRATIVE IMPACTS
The estimated annual cost for maintenance of public infrastructure, including curb, gutter, sidewalk, paving, traffic signals, streetlights, sewer and water is $81,000. $13,000 of this cost is funded by Sewer (Fund 230), and $34,000 of this cost is funded by Water (Fund 250). The remaining $34,000 is funded by the General Fund (Fund 100) and other use taxes, which is partially derived from increased property taxes generated from the new development.

Funding for other public infrastructure maintenance cost not covered by user fees is provided by the Community Facilities District No. 2023-2 (Arroyo Vista Maintenance & Services) which will be collected from the property owners. Community Facilities District 2023-2 (Arroyo Vista Maintenance and Services) was formed by City Council on January 22, 2024, to fund the maintenance of the Arroyo Seco Trail between Las Positas Road and Arroyo Vista Street and public landscaping along Las Positas Road and Arroyo Vista Street. These annual maintenance costs include the Arroyo Seco Trail for $5,400 and the public landscape, drainage, and sidewalk along Las Positas Road and Arroyo Vista Street for $90,300.

COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
9: Facilitate new development consistent with the City's General Plan

ATTACHMENTS

1. Vicinity Map

2. Resolution

3. Exhibit A - Final Tract Map 8714

4. Exhibit B - Subdivision Improvement Agreement
Prepared by: Nidhi Thanki
Assistant Engineer
34 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
35 CITY OF
LIVE��!W

COMMUNITY DEVELOPMENT DEPARTMENT - ENGINEERING DIVISION ATTACHMENT 1

VICINITY MAP -
Sheet 1
Of 1
Scale: NONE
ATTACHMENT 1
TRACT 8714 TRACT 8714
( PREVIOUSLY TRACT 8379 /

PHASE I ) PROJECT
SITE
36 1 RESOLUTION NO.

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING FINAL TRACT MAP 8714, AUTHORIZING EXECUTION OF A

SUBDIVISION IMPROVEMENT AGREEMENT FOR THE ARROYO VISTA PROJECT

LOCATED ON THE WEST SIDE OF THE ARROYO SECO CHANNEL ALONG LAS POSITAS

ROAD, AND ACCEPTING ON BEHALF OF THE PUBLIC ALL REAL PROPERTY OFFERED FOR DEDICATION WITHIN FINAL TRACT MAP 8714 EXCEPT FOR CERTAIN EASEMENTS

WHICH THE CITY COUNCIL RESERVES THE RIGHT TO ACCEPT AT A FUTURE DATE (FINAL TRACT MAP 8714 – ARROYO VISTA PROJECT)
On July 24, 2017, the City Council adopted Resolution No. 2017-136, which, among other things, approved Vesting Tentative Tract Map (“VTTM”) 8379 (SUB16-010), consisting of Tract 8379 (Phase 1) and Tract 8689 (Phase 2), subject to conditions of approval, for the Arroyo Vista Project located at the southeast corner of the Arroyo Vista and Las Positas Road intersection (“the Project”). On February 12, 2024 and September 9, 2024, the City Council adopted Resolution Nos. 2024-017 and 2024-154 approving Final Tract Maps 8379 and 8689, respectively.

On January 25, 2024, the City received an application to modify a portion of the Project to, among other things, increase the allowable height of the eighty-six for-sale single-family residential homes from two to three stories. The modifications to the Project require associated revisions to Final Tract Map 8379, including, without limitation, the widening of certain private alleys to allow for emergency vehicle access. The modifications to the Project were considered by the City Council on September 9, 2024.

To reflect the required changes to Tract Map 8379, and in accordance with the amended conditions of approval for the Project, TH Arroyo Vista LLC (“Developer”) has presented a new proposed final map, Final Tract Map 8714, situated in the City of Livermore, County of Alameda, a copy of which is attached hereto as Exhibit A, in accordance with the provisions of the California Subdivision Map Act (“Act”) and the Livermore Development Code. The Developer has also presented a new Subdivision Improvement Agreement, a copy of which is attached hereto as Exhibit B, providing for the improvements required as a condition of approval of Final Tract Map 8714. Final Tract Map 8714 will supersede Final Tract Map 8379, and the proposed Subdivision Improvement Agreement is intended to supersede and replace, but in no way limit the protections afforded to the City under, the original Subdivision Improvement Agreement associated with Tract 8379.

The City Engineer reviewed Final Tract Map 8714 and certified it as required by the Act and the Development Code. Additionally, the City Engineer reviewed and approved the staff report concerning Final Tract Map 8714 and the associated Subdivision Improvement Agreement, which recommends approval. The City Attorney has reviewed the surety provided by Developer to secure performance of the Subdivision Improvement Agreement as required by California and City law.

On July 2, 2007, the City Council adopted Resolution No. 2007-131, certifying an Initial Study and Mitigated Negative Declaration (“IS/MND”) for the Arroyo Vista Neighborhood Plan, pursuant to the requirements of the California Environmental Quality Act (“CEQA”). On July 24, 2017, the City Council approved Resolution No. 2017-135, adopting an addendum to the IS/MND for the Arroyo Vista Neighborhood Plan which, among other things, analyzed the impacts of VTTM 8379. On September 9, 2024, the City Council adopted Resolution No. 2024-164, finding that no 37 2 RESOLUTION NO.
subsequent or supplemental IS/MND is required, under the provisions of CEQA pursuant to CEQA Guidelines section 15162, for the Project, as modified. Any potential impacts to the environment that may result due to approval of proposed Final Tract Map 8714 and the associated Subdivision Improvement Agreement were within the scope of the environmental review approved by Resolution Nos. 2017-135 and 2024-164.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that, because any potential impacts to the environment that may be caused by approval of Final Tract Map 8714 and the Subdivision Improvement Agreement were within the scope of the environmental review approved as part of Resolution Nos. 2017-135 and 2024-164, the requirements of CEQA have been satisfied.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that:

1. Final Tract Map 8714, attached hereto as Exhibit A, is approved and all those parcels of land, easements, and other legal interests in land offered for public use are accepted in conformity with the terms of the offer, except for the following which the City Council rejects at this time, reserving the right to accept the offers at a future date subject to Government Code sections 66477.2 and 7050:

Public Utility Easement (“PUE”), Water Line Easement (“WLE”), and Sanitary Sewer Easement (“SSE”), Public Access Easement (“PAE”), Vilana Street, Marengo Loop, Las Positas Road and Arroyo Vista Street, and Emergency Vehicle Access Easement (“EVAE”).

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

3. The City Clerk is directed to execute the certificate attached to the Final Tract Map 8714 and affix the Seal of the City and to record the Final Tract Map 8714 and the Subdivision Improvement Agreement with the County Recorder.

On motion of Council Member _______________________, seconded by Council Member _______________________, the foregoing resolution was passed and adopted on July 14, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Molly A. O’Toole____________________ Deborah L. Elam Molly A. O’Toole
City Clerk Assistant City Attorney
Exhibit A – Final Tract Map 8714
Exhibit B – Subdivision Improvement Agreement
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87 CITY COUNCIL STAFF REPORT ITEM NO. 5.4
DATE: July 14, 2025
TO: Honorable Mayor and City Council
FROM: Carl Brown, Public Works Director
SUBJECT: Resolution authorizing minor modifications 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

RECOMMENDED ACTION
Staff recommends the City Council authorize the City Manager to execute a resolution to authorize minor modifications 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 to add an approved composting site, clarify the scope of materials eligible for on-call single-family clean-up services, and include an additional Livermore Sanitation signatory.

SUMMARY
On April 27, 2020, the City Council adopted a resolution authorizing the execution of the Third Amended and Restated Agreement with Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials, and Compostable Materials Services (Franchise Agreement). This action extended the Franchise Agreement term for a minimum period of 10 years, until June 30, 2030, and included new trucks and other equipment, and enhanced services for the Livermore rate payers.

Staff recommends that the City Council approve the Third Amendment to the Franchise Agreement to incorporate proposed minor modifications to Section 5.13.3 to allow the use of Waste Management Altamont Landfill & Resource Recovery to process Compostable Materials collected from the City of Livermore, update Section 5.2.2 3. D. to include both mattresses and box springs as one item of furniture for bulky item collection for single-family residences and multi-family complexes, and add an approved signatory to sign on behalf of LSI.

DISCUSSION
On April 27, 2020, the City Council adopted a resolution authorizing the execution of the Third Amended and Restated Agreement with Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials, and Compostable Materials Services (Franchise Agreement). This action extended the Franchise Agreement 88 term for a minimum period of 10 years, until June 30, 2030, and included new trucks and other equipment, and enhanced services for the Livermore rate payers.

The Franchise Agreement allows the City’s Contract Manager to administratively approve certain temporary modifications to the Franchise Agreement pending City Council approval. Staff previously approved the use of the Waste Management Altamont Landfill & Resource Recovery, located at 10840 Altamont Pass Rd, Livermore, CA, to process Compostable Materials collected from the City of Livermore as an Approved Composting Site. In addition, current Franchise Agreement language allows only one mattress or one box spring to be collected as part of the on call bulky pick-up program.

Staff is now recommending approval of the Third Amendment to the Franchise Agreement to incorporate language updates to modify Section 5.13.3 to allow the use of the Waste Management Altamont Landfill & Resource Recovery as an Approved Composting Site. In addition, staff is recommending updates to Section 5.2.2 3. D. to include both mattresses and box springs as one item of furniture for bulky item collection for single-family residences and multi-family complexes. Finally, Waste Connections Regional Vice President, Dan Schooler, will be added as an approved signatory to sign on behalf of LSI.

FISCAL AND ADMINISTRATIVE IMPACTS
No fiscal or administrative impacts are anticipated as a result of this proposed modification.

COMMUNITY PILLAR
3: Environmental Stewardship
GOAL
2: Manage the City’s solid waste contract and develop and implement the City’s recycling program ensuring compliance with state and local regulations.

ATTACHMENTS

1. Resolution

2. Exhibit A - Third Amendment to Franchise Agreement
Prepared by: Judy Erlandson
Public Works Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
89 1 RESOLUTION NO.

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A THIRD

AMENDMENT 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
On September 28, 2009, the Livermore City Council adopted Resolution No. 2009- 189 authorizing the execution of a franchise agreement for solid waste collection services:

Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services. On May 9, 2011, the City Council adopted Resolution No. 2011-069 authorizing the execution of the Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services.

On September 8, 2014, the City Council adopted Resolution No. 2014-141 authorizing the execution of the Second Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services. On June 8, 2015, the City Council adopted Resolution No. 2015-075 approving the Special Rate Review Amendment to the Second Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services.

On November 9, 2015, the City Council adopted Resolution No. 2015-157 authorizing the execution of the Second Amendment to the Second Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services.

On April 27, 2020, the City Council adopted Resolution No. 2020-051 authorizing the execution of the Third Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services (“Franchise Agreement”). On May 9, 2022, the City Council adopted Resolution No. 2022-076 authorizing the execution of a first amendment to the Franchise Agreement. On November 28, 2022, the City Council adopted Resolution No. 2022-192 authorizing the execution of a second amendment to the Franchise Agreement.

Pursuant to Section 5.13.3 of the Franchise Agreement, as amended, the “City Contract Manager,” as defined in the Franchise Agreement, may administratively approve use of an alternative composting site when certain circumstances are met. On September 10, 2024, the City Contract Manager approved use of WM-Altamont Landfill & Resource 90 2 RESOLUTION NO.

Recovery as an alternative composting site because the pre-approved composting site was rejecting organic materials from the City.

The City and Livermore Sanitation, Inc. now desire to enter into a third amendment to the Franchise Agreement to add WM-Altamont Landfill & Resource Recovery as an “Approved Composting Site,” as that term is defined in the Franchise Agreement. The parties also desire to: (1) add an additional authorized signatory of Livermore Sanitation, Inc., and (2) clarify that a mattress and its associated box spring(s) is a single item of furniture eligible for “On-Call Single-Family Clean-Up Service,” as that term is defined in the Franchise Agreement, pursuant to Section 5.2.2 of the Franchise Agreement.

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

1. Authorizes the City Manager, or her designee, to execute a third amendment to the Franchise Agreement, attached hereto as Exhibit A, to add an Approved Composting Site and authorized signatory of Livermore Sanitation, Inc., and to clarify the scope of materials eligible for On-Call Single-Family Clean-Up Services.

2. Authorizes the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed third amendment to the Franchise Agreement.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 14, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala___________ Deborah L. Elam Jason R. Alcala
Acting City Clerk City Attorney
Exhibit A – Third Amendment to the Franchise Agreement
91 Amendment – Franchise Agreement Page 1
Rev. 09/19/23

THIRD AMENDMENT 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
THIS THIRD AMENDMENT is made and entered into this ____ day of ________, 2025, by and between the City of Livermore (“City”), a municipal corporation, and Livermore Sanitation, Inc. (“Contractor”), a California corporation.

RECITALS
On April 28, 2020, City and Contractor entered into that certain Third Amended and Restated Agreement Between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials, and Compostable Materials Services, dated April 27, 2020 (“Original Agreement”). Section 13.5 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

On May 10, 2022, City and Contractor executed a First Amendment to the Original Agreement. On December 12, 2022, City, Contractor, and Waste Connections US, Inc. executed a Second Amendment to the Original Agreement. Among other provisions, the Second Amendment documented the terms and conditions upon which City relied in consenting to the change in majority control of Contractor from its then-current owners to Waste Connections US, Inc.

On September 10, 2024, City administratively approved a request for Contractor to use WM-Altamont Landfill & Resource Recovery as an alternative Composting Site, pursuant to Section 5.13.3 of the Original Agreement. The letter documenting that administrative approval is attached hereto as Exhibit “A.” City and Contractor desire to amend the Original Agreement to: (1) add an Approved Composting Site; (2) add Dan Schooler as an authorized signatory of Contractor by adding Exhibit K-1 to the Agreement; and (3) clarify that a mattress and its associated box spring(s) is a single item of furniture eligible for On-Call Single-Family Clean-Up Service pursuant to Section 5.2.2 of the Original Agreement. This is the third amendment to the Original Agreement.

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

1. The Original Agreement is amended as follows:

A. Section 1.13 of the Original Agreement is amended to read as follows:
“Approved Composting Sites” means (1) the Blossom Valley Organics North Docusign Envelope ID: 87557C53-1B81-414C-941C-7A83DFF3AC41

EXHIBIT A
92 Amendment – Franchise Agreement Page 2
Rev. 09/19/23
Composting Site operated by Grover Landscape Services, Inc. at 3909 Gaffery Road in Vernalis, California and (2) the WM-Altamont Landfill & Resource Recovery site operated by Waste Management of Alameda County, Inc. at 10840 Altamont Pass Road, Livermore, California. The Approved Composting Sites were selected by Contractor and approved by the City Contract Manager.

B. Section 2.2 of the Original Agreement is amended to read as follows:

Contractor has the authority to enter into and perform its obligations under this Agreement. The Board of Directors of Contractor (or the shareholders, if necessary) has taken all actions required by law, its articles of incorporation, its bylaws, or otherwise, to authorize the execution of this Agreement and any amendments thereto. The Person signing this Agreement, and any amendments thereto, on behalf of Contractor has authority to do so, and the Corporate Secretary’s Certificate in Exhibit K and K-1 confirms this. This Agreement, and any duly executed amendments thereto, constitutes the legal, valid, and binding obligation of the Contractor.

C. The following is added to Section 5.2.2(A)(3)(d) of the Original Agreement:

A mattress and its associated box spring(s) are considered one (1) item of furniture.

D. The following is added to Section 5.13.3(B) of the Original Agreement following the language “[b]elow is information about the Approved Composting Site selected by the Contractor”:

Facility Name: WM-Altamont Landfill & Resource Recovery Owner: Waste Management of Alameda County, Inc.

Operator: Waste Management of Alameda County, Inc.

Address: 10840 Altamont Pass Road, Livermore, California 94551
Contact Person
and Telephone
Number: Blaine Harrison, District Manager II, 562.505.5779 E. All references in the Original Agreement to “Approved Composting Site” are replaced with “Approved Composting Sites.” Any associated words, including, without limitation, “site” and “operator,” are made plural, as appropriate.

Grammatical changes, such as replacing “is” with “are,” are made, as appropriate.

2. Except as otherwise indicated in this amendment, any capitalized terms shall have the definition ascribed to them in the Original Agreement.

3. Unless otherwise stated herein, this amendment does not relieve the parties of the Docusign Envelope ID: 87557C53-1B81-414C-941C-7A83DFF3AC41

EXHIBIT A
93 Amendment – Franchise Agreement Page 3
Rev. 09/19/23
terms and conditions of the Original Agreement as written and in effect at the time the services provided for in the Original Agreement were rendered.

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

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

CONTRACTOR: Dated:
____________________________ ___________________________ Dan Schooler
RVP Western Region
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 – Administrative Approval of Alternative Composting Site Exhibit K-1 – Written Consent of the Sole Director of Livermore Sanitation, Inc.

Docusign Envelope ID: 87557C53-1B81-414C-941C-7A83DFF3AC41 6/10/2025 | 11:58 AM PDT

EXHIBIT A
94 {00118736.DOCX.}
7000 National Dr.

Livermore CA. 94550
(925) 449-7300
www.livermoresanitation.com
10/3/2024
Judy Erlandson
Interim Public Works Director
Public Works Department
City of Livermore
[email protected]
Dear Judy,
Upon reviewing Section 5.13.3 of the Franchise Agreement, which pertains to Compostable Materials Processing, it appears that the City Contract Manager may approve the temporary use of an alternative site if the approved composting site is unavailable due to emergency or unforeseen closure. Specifically, sub-section B states:
• If Contractor is unable to use the Approved Composting Site due to an emergency or sudden unforeseen closure of the Approved Composting Site, Contractor may use an alternative Processing Site provided that the Contractor provides verbal and written notice to the City Contract Manager and receives written approval from the City Contract Manager at least twenty-four (24) hours prior to the use of said alternative Processing Site. The Contractor’s written notice shall include a description of the reasons the Approved Composting Site is not feasible and the period of time Contractor proposes to use the alternative Composting Site. Contractor shall not be compensated for any increased Transportation and Processing costs associated with the use of Composting Site(s) different from the Approved Composting Site, with the exception that if the inability to use the Approved Composting Site occurs due to one or more conditions defined in Section

8.4.A as an eligible item for special rate review such as a Change in Law, flood, earthquake, other acts of nature, war, civil insurrection, riots, acts of any government agency (including judicial action), or other similar catastrophic events that are beyond the control of and not the fault of the Contractor. In such case, the special rate review process may be initiated to assess the need to use an alternative Composting Site and/or cost impacts.

After my initial verbal notification on August 26, 2024, I am writing to formally request the use of WM-Altamont Landfill & Resource Recovery, located at 10840 Altamont Pass Rd, Livermore, CA, as an alternative composting site under our franchise agreement. Note, this is a request to approve an alternative composting site, not a change in the approved composting site.

Due to recent issues, Blossom Valley Organics North Composting Site is currently unable and unwilling to accept and process organic material from the City of Livermore due to concerns regarding contamination. As a result, Blossom Valley Organics has and continues Docusign Envelope ID: 87557C53-1B81-414C-941C-7A83DFF3AC41

EXHIBIT A
95 {00118736.DOCX.}
to consistently reject organic material from the City of Livermore. Both Livermore Sanitation and the City of Livermore consider this situation to constitute an emergency, as it prevents Livermore from properly diverting its organic waste and compels the city to resort to landfill disposal. Furthermore, contamination-related fees have imposed a significant financial burden on Livermore Sanitation.

In contrast, Altamont Landfill, located just 6.1 miles from Livermore Sanitation Inc., provides a more convenient and efficient solution for managing organic material. With its advanced sorting equipment, Altamont is well-positioned and willing to effectively sort and divert Livermore’s organics thanks to its investment in technology and research. Please note that this request does not rule out the possibility of using Blossom Valley for Livermore’s organic material if necessary. Livermore Sanitation intends to utilize Altamont Landfill for a minimum of three (3) years or until it obtains approval as a permanent approved organic processing facility.

Additionally, while we do not anticipate any changes to current or future rates, any issues that arise will prompt a meeting between Livermore Sanitation and the City of Livermore to discuss and address the situation. Any necessary modifications, following discussion, shall be addressed in accordance with the relevant provisions of the franchise agreement.

Thank you for considering this request. I look forward to your favorable response.

Sincerely,
Ronald J. Mittelstaedt
I, the undersigned, acknowledge that I have received Livermore’s Sanitation formal written request to use WM-Altamont Landfill as an alternative Composting Site.

I confirm that I have reviewed the contents and understand the information provided, and that I approve the use of WM-Altamont Landfill as an alternative Composting Site pursuant to and under the terms of the Franchise Agreement between Livermore Sanitation and the City of Livermore, dated April 28, 2020, as amended.

Recipient’s Name:

Signature:

Date:

Joe Prime
September 10, 2024
Docusign Envelope ID: 87557C53-1B81-414C-941C-7A83DFF3AC41

EXHIBIT A
96 Exhibit K-1

WRITTEN CONSENT

OF THE SOLE DIRECTOR OF
LIVERMORE SANITATION, INC.

The undersigned, being the sole director of Livermore Sanitation, Inc., a California corporation (the "Company"), hereby consents to the following actions and adopts the following resolution pursuant to the Bylaws of the Company:

BE IT RESOLVED that Dan Schooler, Regional Vice President of the Company, be, and he hereby is, authorized to sign, submit, and execute by and on behalf of the Company any and all agreements, instruments, documents or papers, as he may deem reasonably appropriate or necessary, pertaining to the Third Amendment 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 that any such action taken to date involving the above is hereby ratified and approved
IN WITNESS WHEREOF, the undersigned sole director of Livermore Sanitation, Inc. has duly executed this Written Consent in The Woodlands, Texa on the da set forth below.

May 29, 2025
{00123688.DOC.}
Docusign Envelope ID: 87557C53-1B81-414C-941C-7A83DFF3AC41

EXHIBIT A
97 CITY COUNCIL STAFF REPORT ITEM NO. 5.5
DATE: July 14, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing the approval of K.J. Woods Construction, Inc.'s request to withdraw their bid proposal, authorizing supplemental appropriations to the Fiscal Year 2025-26 budget, and awarding a construction agreement to DPI, Inc., in the amount of $4,798,723, for the Sewer Replacement Project, WW202003.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution for the Sewer Replacement Project WW202003:

1. Authorizing approval of K.J. Woods Construction, Inc. request to withdraw their bid proposal;

2. Authorizing a supplemental appropriation of $250,875 from Wastewater Replacement Fund 622 to the FY 2025-26 budget for Sewer Replacement Project, WW202003;

3. Authorizing a supplemental appropriation of $83,625 from Wastewater Connections Fees Fund 623 to the FY 2025-26 budget for Sewer Replacement Project, WW202003;

4. Authorizing a supplemental appropriation of $15,500 from County Measure BB – Local Streets and Roads Fund 552 to the FY 2025-26 budget for Sewer Replacement Project, WW202003;

6. Rejecting all other bids or proposals; and

SUMMARY
The Sewer Replacement Project, WW202003 (project) will upsize, replace, and relocate existing sewer pipe within the area shown on Attachment 1 – Vicinity Map. The project will replace and repair aging sewer infrastructure and reduce the demand for on-going maintenance in the service area, restore roadway affected by utility installation work via micro surfacing and mill and overlay, and enhance one traffic signalized intersection (installation of new traffic signal video detection). 98 Four (4) bids were received for this project on May 6, 2025. A bid protest was received from DPI, Inc., the second lowest bidder, against K.J. Woods Construction, Inc., the apparent lowest bidder, claiming that K.J. Woods was non-responsive. During review of the protest, which was also communicated to K.J.

Woods, the apparent low bidder requested to withdraw their bid. After detailed review by City staff, in coordination with the City Attorney’s Office, staff ultimately determined that K.J. Woods’ request for withdrawal of its bid proposal was valid. Therefore, City staff recommends the City Council approve withdrawal of the K.J. Woods Bid Proposal and award and authorize a construction contract with DPI Inc., the lowest bidder. Section 2.68.580 (C) of the Livermore Municipal Code (LMC) requires that the award of contracts subject to formal bidding be awarded to the lowest responsive and responsible bidder. The bid submitted by DPI, Inc. meets this requirement. Staff also recommends that City Council authorize supplemental appropriations from Wastewater Replacement (Fund 622), Wastewater Connection Fees (Fund 623), and County Measure BB – Local Streets and Roads (Fund 552) totaling $350,000 to fully fund the project.

DISCUSSION
The Sewer Replacement Project WW202003 (project) reduces the potential for sewer overflows by repairing deteriorated sanitary sewer lines and maintenance holes that require on-going maintenance.

Construction will occur along Holmes Street, First Street, Holmes Court, Fourth Street, South S Street, Glenwood Street, Marguerite Street, and Aaron Street. The sewers need to be upsized to handle increased flows from future development identified in the General Plan. The project will upsize and replace approximately 3,500 linear feet of existing sewer pipe, including approximately 3,400 feet via open trench construction. Some sewer lines will be relocated. Some existing maintenance holes will be replaced and the remaining maintenance holes in the project vicinity will be coated to increase service life. The affected roadway will be repaired via micro surfacing, mill and overlay, and restriping in order to restore the appearance and condition of the roads post-construction. Affected sidewalks, ramps, medians, and landscaping will be restored post-construction as well. Additionally, new vehicle detection cameras will be installed at the traffic signalized intersection at Holmes Street and First Street.

Staff advertised the project on April 7, 2025. On May 6, 2025, four (4) bids for this project were received and opened. The following is a list of the bids received and the Engineer’s Estimate for the Project:

Sewer Replacement Project WW202003 Bids
Contractor Name City Bid Amount
K.J. Woods Construction, Inc. San Francisco, CA $4,288,000 DPI Inc. Livermore, CA $4,798,723
Cratus, Inc. San Francisco, CA $4,977,643
Devaney Engineering, Inc. San Francisco, CA $5,331,452
Engineer's Estimate $4,475,653
K.J. Woods Construction, Inc. was initially identified as the apparent lowest bidder. DPI, Inc. subsequently submitted a bid protest to the City and K.J. Woods Construction, Inc. The City acknowledged a receipt of the timely protest letter from DPI, Inc. dated May 7, 2025. During review of the protest, K.J. Woods Construction, Inc. submitted a letter requesting to withdraw their bid proposal. The City acknowledged a receipt of the timely request letter from K.J. Woods Construction, Inc. dated May 12, 2025. Upon thorough review, City staff determined that the request was valid, and therefore recommended K.J. Woods Construction, Inc. request to withdraw its bid proposal be approved. 99 Due to the withdrawal of K.J. Woods Construction, Inc., the next lowest responsible and responsive bidder was DPI, Inc., operating out of Livermore, California. The company has worked on various public utility replacement projects for Dublin San Ramon Services District and Livermore Amador Valley Water Management Agency. Staff has checked references for DPI, Inc. and has found them satisfactory.

Therefore, City staff recommends award of the construction contract in amount of $4,798,723 to DPI, Inc. for construction of the project. In accordance with Livermore Municipal Code Section 2.68.590, a cumulative Change Order authorization of 10% of the contract value is allowed.

Staff will coordinate with the residents affected by the project work and provide them with at least two weeks notice by mail or 72 hours via door hangar notice before their sewer service will be replaced.

Each resident will have their sewer and/or water service interrupted for only one working day. An updated schedule will be made available to residents on the City’s website.

FISCAL AND ADMINISTRATIVE IMPACTS
The project is included in the FY 2025-30 Capital Improvement Plan. A total of $5,007,000 is budgeted in FY 2025-26 from Wastewater Replacement (Fund 622) and Wastewater Connections Fees (Fund 623).

The lowest responsive and responsible bidder exceeds the Engineer’s estimate. Supplemental appropriations totaling $350,000 in FY 2025-26 are required to fully fund the cost of the project. Existing budgets for this project in the 2025-30 Capital Improvement Plan combined with these supplemental appropriations will cover this construction contract, change orders, construction management, material testing, inspection, and administration.

The scope of the project increased to include the installation of traffic signal video detection at First Street and Holmes Street as part of a citywide effort to upgrade the existing traffic signal network. The City purchased traffic signal video detection equipment under the Traffic Signal Modification, Project TC202020 to avoid delays due to lead times. Supplemental appropriations from County Measure BB – Local Streets and Roads (Fund 552) will cover the labor of installing the traffic signal video detection equipment.

The existing and proposed budget for the project is summarized in the table below.

Sewer Replacement - Project WW202003
Fund
No.

Fund Name
Budgeted
FY 2024-25
Budgeted
FY 2025-26
Supplemental
Appropriation
Requested in
FY 2025-26
Proposed FY
2025-26
622 Wastewater
Replacement Fund
$150,000 $3,756,750 $250,875 $4,007,625
623
Wastewater
Connection Fees
Fund
$50,000 $1,250,250 $83,625 $1,333,875
552
County Measure BB
- Local Streets and
Roads
$0 $0 $15,500 $15,500
100
Total $200,000 $5,007,000 $350,000 $5,357,000

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.

GUIDING DOCUMENT
5-Year Capital Improvement Plan Fiscal Years 2025-2030

ATTACHMENTS

1. Vicinity Map

2. Resolution

3. Exhibit A - Agreement
Prepared by: Vincent Sendaydiego
Junior Engineer
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
101

VICINITY MAP
This map is based on City of Livermore GIS
Information and reflects the most current information
at the time of this printing. The map is intended for
reference purposes only and the City and its staff is
not responsible for errors. 4,000 Livermore IT, GIS Services 666.7
1: NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 333.33 Feet 0 666.7
CIP WW202003
ANNUAL SEWER REPLACEMENT 2020
6/5/2025 11:26:00
AM
Prepared:

Notes:

Scale:

LOCATION

OF WORK STAGING AREA
ATTACHMENT 1
102
Rev. 04.2025 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION AUTHORIZING THE APPROVAL OF K.J. WOODS
CONSTRUCTION, INC. REQUEST TO WITHDRAW BID PROPOSAL,

AUTHORIZING SUPPLEMENTAL APPROPRIATIONS TO FISCAL
YEAR 2025-26, AND AWARDING A CONSTRUCTION AGREEMENT
TO DPI INC, IN THE AMOUNT OF $4,798,723, FOR THE ANNUAL SEWER REPLACEMENT 2020 PROJECT WW202003
The City of Livermore advertised and received bid proposals for the construction of the Annual Sewer Replacement 2020 Project WW202003. K.J. Woods Construction, Inc., the apparent lowest bidder, requested to withdraw their Bid Proposal.

DPI Inc., submitted the next lowest responsible and responsive Bid Proposal in the amount of $4,798,723 that is acceptable to the City of Livermore. City staff recommends the City Council accept this bid and award a contract to DPI, Inc. for the construction of Annual Sewer Replacement 2020 Project WW20203.

The Annual Sewer Replacement 2020 Project WW202003 requires additional funding to cover construction, City staff time, and professional engineering services costs.

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

1. Authorizes the approval of K.J. Woods Construction, Inc. request to withdraw Bid Proposal;

2. Authorizes a supplemental appropriation of $250,875 from Wastewater Replacement Fund 622 to the FY 2025-26 budget for Annual Sewer Replacement 2020 Project WW202003;

3. Authorizes a supplemental appropriation of $83,625 from Wastewater Connections Fees Fund 623 to the FY 2025-26 budget for Annual Sewer Replacement 2020 Project WW202003;

4. Authorizes a supplemental appropriation of $15,500 from County Measure BB – Local Streets and Roads Fund 552 to the FY 2025-26 budget for Annual Sewer Replacement 2020 Project WW202003;

5. Awards and authorizes execution of a construction agreement with DPI Inc., attached hereto as Exhibit A, and incorporated by this reference, in the amount of $4,798,723, for construction of Annual Sewer Replacement 2020 Project WW202003 pursuant to Livermore Municipal Code section 2.68.580 (C); 103
Rev. 04.2025 2 RESOLUTION NO. ________

6. Rejects all other bids or proposals; and

7. 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 July 14, 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 – Construction Contract with DPI Inc.
104
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CITY COUNCIL STAFF REPORT ITEM NO. 5.6
DATE: July 14, 2025
TO: Honorable Mayor and City Council
FROM: Carl Brown, Public Works Director
SUBJECT: Resolution authorizing the execution of an agreement with Pencco, Inc. for the supply and delivery of ferric chloride for use at the Water Reclamation Plant in an amount notto-exceed $210,600.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Pencco, Inc. for the supply and delivery of ferric chloride for use at the Water Reclamation Plant in an amount not-to-exceed $210,600.

SUMMARY
The Water Reclamation Plant (WRP) uses ferric chloride in primary treatment and solids handling processes. Through a cooperative bidding process, Pencco, Inc. was determined to be the lowest bidder at $1,500 per dry ton.

DISCUSSION
Staff at the WRP add ferric chloride in the primary clarifiers to minimize the amount of hydrogen sulfide produced in the anaerobic digesters. This helps minimize corrosion in the solids handling building, as well as improve air quality for staff while operating the belt press.

Earlier this year, the City participated in the annual Bay Area Chemical Consortium's (BACC) competitive bidding process for the supply of ferric chloride. This bidding process met the requirements of Livermore Municipal Code 2.68.390 section C for cooperative purchasing arrangements. The BACC is made up of numerous water and wastewater agencies in the Bay Area region that use similar chemicals. By utilizing the aggregate volume of these agencies, the BACC seeks to achieve the lowest market price for its members.

In February 2025, the BACC issued Bid No. 06-2025 for competitive bidding for the supply of ferric chloride. Pencco, Inc. was selected as the lowest responsive bidder at $1,500 per dry ton. 129

FISCAL AND ADMINISTRATIVE IMPACTS
The $210,600 not-to-exceed amount for the supply and delivery of ferric chloride is included in the FY 2025-26 operating budget in the Wastewater Enterprise Fund (Fund 620). Staff does not anticipate any administrative impacts or impacts to any other Fund due to approval of this agreement.

COMMUNITY PILLAR

1. A Safe Community That Thrives
GOAL

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

ATTACHMENTS

1. Award Letter

2. Resolution

3. Exhibit A - Agreement
Prepared by: Laura Mayate-DeAndreis
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
130
PO Box 24055, MS 702 • Oakland, CA 94623 • www.bacwa.org Central Contra Costa Sanitary District • East Bay Dischargers Authority • City of San Jose • East Bay Municipal Utility District • City & County of San Francisco March 17, 2025
Pencco, Inc.

Attn: Sarah Duffy
PO Box 600
San Felipe, TX 77473
RE: Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 06-2025 for Supply and Delivery of FERRIC CHLORIDE.

Dear Ms. Duffy,
We are pleased to advise you that the bid submitted by Pencco, Inc. for Bid No. 06-2025, was determined to be the lowest responsive bid for the supply and delivery of FERRIC CHLORIDE during the period July 1, 2025 through June 30, 2026.

The participating BACC Agencies should be contacting you shortly to discuss entering into contracts with Pencco, Inc. for their respective facilities.

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

If you have any questions, please free to contact me at [email protected] Sincerely,
Jennifer Dyment
Assistant Executive Director
BACWA.org
as Coordinating Agency for the Bay Area Chemical Consortium ATTACHMENT 1
131
Bid Results for Project 06-2025 FERRIC CHLORIDE
Bid Due on February 20, 2025 4:00 PM (PDT)

SINGLE BID AWARD
Section
Description Central Valley East Bay Marin Sonoma Napa North Bay Peninsula Sacramento South Bay Tri Valley Unit of Measure dry ton dry ton dry ton dry ton dry ton dry ton dry ton dry ton Pencco, Inc 1,480.0000 1,400.0000 1,583.0000 1,583.0000 1,509.0000 1,509.0000 1,500.0000 1,500.0000

FERRIC CHLORIDE
ATTACHMENT 1
132
Rev. 04.2025 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR SERVICES WITH PENCCO INC. IN AN AMOUNT
NOT-TO-EXCEED $210,600, FOR THE SUPPLY OF FERRIC

CHLORIDE FOR USE AT THE WATER RECLAMATION PLANT
The City of Livermore requires the use of ferric chloride at its Water Reclamation Plant in the treatment and solids handling processes. The City participates in the Bay Area Chemical Consortium (“Consortium”). This bidding process meets the requirements of Livermore Municipal Code section 2.68.360 section C for cooperative purchasing arrangements. This allows the City to receive the best price by leveraging large volumes of chemicals used in common amongst Bay Area wastewater and water service providers.

In February 2025, the Consortium completed a competitive bidding process and selected Pencco, Inc. as the best value to provide ferric chloride. Pencco, Inc. met all bid requirements and provides delivery directly to the Livermore Water Reclamation Plant.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that the City Council authorizes the execution of an agreement for services attached hereto as Exhibit A with Pencco, Inc. in an amount not-to-exceed $210,600 to provide supply and delivery of ferric chloride to the Water Reclamation Plant.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 14, 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 – Pencco, Inc. Agreement
133
25-0240

AGREEMENT FOR SERVICES
THIS AGREEMENT is made and entered on , 2025
by and between the City of Livermore (“City”), a municipal corporation, and Pencco, INC (“Contractor”), a Texas corporation.

RECITALS
City requires services to supply and deliver Ferric Chloride.

Contractor represents and warrants that it possesses the distinct skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Contractor acknowledges City has relied upon these representations and warranties as inducement to award this Agreement to Contractor.

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

1. Retention as Contractor. City hereby retains Contractor, and Contractor hereby accepts such engagement, to perform the Services described 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. Contractor is and shall at all times remain as to City a wholly independent contractor during the term of this Agreement.
(b) Contractor and its personnel performing the Services on behalf of Contractor are not City officers or employees. Contractor’s personnel shall at all times be under Contractor’s exclusive direction, control, supervision, and management. Contractor, 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 Contractor’s personnel. (c) Contractor 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
134
(d) Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor 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. Contractor shall provide the following 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; Contractor shall provide the supply and delivery of Ferric Chloride to the City’s water reclamation plant.

4. Contractor’s Responsibilities. Contractor, at its own cost and expense, shall:
(a) Coordinate the Services with Andrew Hall, Water Resources Operations Manager (“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 commensurate with industry, trade, and community standards. Consultant shall follow the highest industry standards when performing the Services required hereunder and covenants that all goods, materials, and equipment will be both of good quality as well as fit for the purpose intended. For the purposes of this Agreement the phrase “highest industry standards” means those standards recognized by one or more first-class contractors performing similar Services under similar circumstances within City’s region; (c) Provide the resources and assign competent Contractor personnel necessary to complete the Services in a timely manner;
(d) Immediately remove and replace, without any cost to City, any member of Contractor’s personnel providing the Services to City, in its sole discretion and at any time during this Agreement, directs Contractor to remove and replace, and City agrees to advise Contractor of the reason for the direction for the removal and replacement; (e) Provide all facilities, goods, materials, and equipment that may be necessary for Contractor’s personnel to provide the Services;
(f) Obtain and keep in effect during the term of this Agreement all necessary licenses, permits, qualifications, insurance, and approvals legally required and required by trade, craft, or classification for Contractor 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 Contractor 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 Contractor opts-out of electronic payment, it must 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 Docusign Envelope ID: 52C8949E-BC30-4A71-8522-9D5037936830

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135
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. Contractor’s invoice shall be in writing and describe the Services performed for the payment requested, and if requested by the Project Manager, Contractor shall certify the correctness of any invoice or invoices for Services provided. Contractor 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 Contractor and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment. Contractor shall make the invoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Contractor shall give City 30 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 Contractor 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 Contractor 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 Contractor fails to make such correction in a timely manner, then City may make the correction and then charge the cost thereof to Contractor or deduct that cost from the compensation payable to Contractor; and, (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.

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5. Taxes, Fees and Assessments. Contractor is solely responsible for the payment of any taxes, fees, assessments, and other charges, including penalties and interest, that may be imposed by law and arise from or incurred by Contractor’s performance of the Services. Contractor shall defend, indemnify, and hold harmless the Indemnified Parties defined in Section 20 below against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against Contractor. The indemnity in this Section 5 are in addition to and do not in any way limit Contractor’s obligations in Section 20 below

6. Prevailing Wages.
(a) Contractor is aware of the requirements of Chapter 1 of Part 7 of Division 2 of the California Labor Code and applicable regulations (collectively “Prevailing Wage Laws”) that require the payment of prevailing wage rates (§§ 1771, 1774, and 1775), employment of apprentices (§§ 1777.5 and 1775.6), certified payroll records (§ 1776), hours of labor (§§ 1813 and 1815), registration and debarment of contractors and subcontractors (§ 1777.1), and the performance of other requirements on public works and maintenance projects as defined the Prevailing Wage Laws. (b) The prevailing wage rates for crafts, classifications, and types of workers are available online at http://www.dir.ca.gov/DLSR, and Contractor is responsible for determining whether the workers are entitled to the payment of prevailing wages and Contractor must pay no less than the specified rates to all entitled workers performing the Services. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time ad one-half. (c) Contractor shall ensure that all work for compensation is taken in compliance with the requirements of the Prevailing Wage Laws including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages.
(d) If any violation of prevailing wage law associated with this Agreement is deemed to have occurred by any court or administrative authority, Contractor shall forfeit to the City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the applicable prevailing rates for any work done to accomplish the purposes of this Agreement. (e) Work on public works and maintenance projects as defined by the Prevailing Wage Laws is subject to compliance monitoring and enforcement by the California Department of Industrial Relations pursuant to California Labor Code section 1771.4.

No contractor may be awarded a contract for on public works and maintenance projects as defined the Prevailing Wage Laws unless currently registered with the California Department of Industrial Relations pursuant to California Labor Code section 1725.5.
(f) Contractor agrees to indemnify, defend, and hold City harmless from any claim that prevailing wages should have been paid, and Contractor shall be liable for the payment of the same and penalties thereon. It is Contractor’s responsibility to be Docusign Envelope ID: 52C8949E-BC30-4A71-8522-9D5037936830

EXHIBIT A
137
familiar with the California Labor Code and the Prevailing Wages Laws, and failure or neglect of Contractor to understand the California Labor Code shall and Prevailing Wage Laws in no way relieve Contractor from any obligations thereunder or under this Agreement.
(g) Contractor acknowledges that failure to pay prevailing wages to an entitled worker performing the Services may result in the Contractor being ineligible to contract with City.

7. Familiarity with Services. Contractor represents that it: (i) has thoroughly investigated and considered the Services to be performed; (ii) has carefully considered how the Services should be performed; and, (iii) fully understands the facilities, difficulties, and restrictions associated with performing the Services. If Services involve work on City property, Contractor further represents that it has investigated the property and is fully acquainted with its condition. If Contractor discovers any latent or unknown conditions that materially affect performance of the Services, then Contractor shall immediately notify City of such discovery and shall not proceed with the Services except at Contractor’s risk until Contractor receives written instructions from the Project Manager.

8. Service Warranties.
(a) Contractor warrants that it possesses all capital and other equipment, labor, goods, materials, supplies, and licenses necessary to carry out and complete the Services in compliance with any and all federal, state, county, and city laws, ordinances, and regulations.
(b) Contractor warrants, in addition to all warranties provided or implied by law or public policy, that all Services (including but not limited to all goods, materials, and equipment supplied by the Services) shall be free from defects in design and workmanship. During the term of this Agreement and for one year following its completion, expiration, or termination, Contractor agrees to replace or repair any Services (including but not limited to all goods, materials, and equipment supplied by the Services) that fail due to defects in material or workmanship, which replacement or repair shall be completed by Contractor within 30 days of notice of the failure by City.

9. Safety Provisions. Contractor shall conform to the rules and regulations pertaining to safety established by Occupational Safety & Health Administration (OSHA) and the California Division of Industrial Safety.

10. Preservation of City Property. Contractor shall provide, install, and utilize suitable safeguards, approved by City, to protect City property from injury or damage when providing the Services. If City property is injured or damaged as a result of Contractor’s Services, then the Contractor shall, at its own cost and expense, replace or restore that property to a condition as good as when Contractor began providing the Services, which work shall be completed within a reasonable time. In all situations arising out of this Agreement, City and Contractor shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

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11. Inspection. Contractor shall furnish City every reasonable opportunity for City to ascertain that the Services by Contractor are being performed in accordance with the requirements and intentions of this Agreement. All work performed and all goods, materials, and equipment provided shall be subject to City inspection and approval. City inspection of such work, goods, materials, and equipment shall not relieve Contractor of any of its obligations to fulfill the requirements in this Agreement.

12. Audit. In addition to the requirements in Section 3(k) above, Contractor shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of three years after the date of final payment to Contractor. Contractor agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy, or transcribe any of Contractor’s records pertaining to this Agreement at any time during normal business hours. Contractor shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could result in cause for termination.

13. Term. The term of this Agreement commences on 07/01/2025, and terminates upon the completion of the Services or 06/30/2026, whichever occurs first.

14. Termination by City. City may terminate any portion or all of the Services by giving Contractor at least 30 calendar-days’ written notice. Upon receipt of a termination notice, Contractor shall immediately stop all work in progress on the Services except where necessary to preserve the benefit of the work, and Contractor 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 Contractor in accordance with and subject to Section 15.

15. Compensation and Payment.
(a) The total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $210,600.00 ("not-to-exceed amount"). (b) City shall compensate Contractor for the Services rendered at the hourly rates or task amounts set forth in Exhibit B Fee Schedule, and shall reimburse Contractor for travel expenses and other costs that are identified in Exhibit B, up to the not-to-exceed amount.
(c) Contractor and City acknowledge that compensation paid by City to Contractor pursuant to this Agreement is based upon Contractor’s estimated costs to provide the Services, including the salaries and benefits paid by Consultant to its personnel.

Consequently, Contractor and City further agree that compensation paid by City to Contractor is intended to include the costs of contributions to any pensions or annuities, or both, to which Contractor and its personnel may be eligible, and that City Docusign Envelope ID: 52C8949E-BC30-4A71-8522-9D5037936830

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has no responsibility for contributions beyond the compensation paid to Contractor under this Agreement. As provided in this Agreement, the hourly rates, task amounts and reimbursement for specified travel expenses and costs in the Fee Schedule are intended to be Contractor’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 Contractor, its agents, and employees to provide the Services, including all taxes Contractor is required to pay. (d) City shall pay Contractor no later than 30 days after City receives a written invoice from Contractor and verifies the Services were performed for the payment requested. (e) City shall pay Contractor via the Automated Clearing House or as otherwise instructed by Contractor pursuant to Section 4(g) above.

16. Ownership.
(a) Contractor shall bear the risk of loss or damage to any goods, materials, or equipment associated with the Services until delivered to and accepted by City. (b) All drawings, designs, data, photographs, reports and other items prepared or obtained by Contractor in the performance of the Services are City’s property and Contractor shall deliver them to City upon demand.
(c) All goods, materials, and equipment purchased for or produced as a result of the Services, including all warranties therefore, are City’s property and Contractor shall deliver them to City upon demand.

17. Intellectual Property, Copyright, and Right of Use. All items created by Contractor for City under this Agreement are works made for hire, and Contractor shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Contractor agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disclosed by Contractor to City and Contractor obtains a license to such items for the benefit of City.

All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.

18. Confidentiality. Contractor shall not disclose any confidential or proprietary information received from City to anyone except Contractor’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.

19. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Contractor 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 Docusign Envelope ID: 52C8949E-BC30-4A71-8522-9D5037936830

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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 Contractor’s performance of the Services, or in connection with Contractor’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of the Indemnified Parties. Contractor’s obligations to hold harmless, indemnify, and defend shall not be excused because of Contractor’s inability to evaluate Liability or because Contractor evaluates Liability and determines that Contractor is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Contractor must respond within 30 days to the tender of any claim for defense and indemnity by City.
(a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Contractor’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.
(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Contractor’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).

20. Insurance. Without limiting Contractor’s indemnification of the Indemnified Parties, Contractor 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, Contractor shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.

21. Force Majeure; Service Delays. Should Contractor’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 Contractor’s time for performance may, at City’s sole discretion, be extended for such periods as may be agreed upon by City and Contractor. Nothing in this section restricts City’s authority in Section 14 to terminate this Agreement.

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

23. Acceptance of Work. City’s acceptance of, or payment to Contractor for, the Services does not release Contractor from its responsibility for the accuracy, completeness, or competency of the Services, nor do the actions constitute an Docusign Envelope ID: 52C8949E-BC30-4A71-8522-9D5037936830

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141
assumption of Contractor’s responsibility or liability by City for any defect or error in the Services.

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

25. Economic Disclosure. Contractor 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 Contractor’s financial interests. While it is Contractor’s sole responsibility to evaluate its conflicts of interest, Contractor nevertheless agrees to prepare and file an economic disclosure statement if requested by City.

26. 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.

Contractor shall review and complete as necessary the City’s California Levine Act Disclosure Statement that can be obtained from the City Clerk.

27. 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:
x Sustainable Purchasing | StopWaste - Home, Work, School x Reducing Waste at Work | StopWaste - Home, Work, School x Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing | US EPA

28. Non-Exclusive Agreement. This Agreement is non-exclusive. City reserves the right to provide, and to retain other qualified contractors to provide, services that are the same or similar to the Services.

29. Business Entity Status. Contractor 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 Docusign Envelope ID: 52C8949E-BC30-4A71-8522-9D5037936830

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any other state statute, to the extent such requirements apply to Contractor to provide the Services. By entering into this Agreement, Contractor 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 Contractor, including any licensing agencies and trade industries. If Contractor is a suspended entity at the time it enters into this Agreement, City may take steps to void this Agreement.

30. Authority to Execute Agreement. Contractor has taken all necessary action to authorize the execution of this Agreement, and expressly represents that the person signing this Agreement on behalf of Contractor has received and accepted the authority to sign and execute this Agreement on behalf of Contractor. Upon the Effective Date, this Agreement shall constitute a legal, valid and binding obligation of Contractor, enforceable against Contractor in accordance with its terms, which authorization is ratified and confirmed upon Contractor’s acceptance of the first compensation payment by City

31. No Subcontracting and No Assignment. Contractor’s unique personal competence, experience, specialized personal knowledge, trade skills, and reputation were a substantial inducement to City for the award of this Agreement to Contractor, 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 Contractor constitutes an assignment.

32. 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, Contractor must present a written claim to City in accordance with Livermore Municipal Code Chapter 3.40 Claims Administration.

33. Work Eligibility. Contractor 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 Contractor for the performance of the Services.

34. Non-Discrimination. In performance of the Services, Contractor 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.

35. Construction of Language.

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143
(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 14, 20, 31, and 35 through 38 for notices, consent, or modifications.

For the notices, consent, and modifications in Sections 14, 20, 31, and 35 through 38 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

36. 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.

37. 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, with a courtesy copy delivered by email to the email addresses below:

TO CITY: Attention: Water Resources Division Manager
Anthony Smith
City of Livermore / Public Works
101 W. Jack London Blvd.

Livermore, CA 94551
Email:[email protected]
Email: [email protected]
[email protected]
[email protected]
TO CONTRACTOR: Attention: Jennifer Guajardo
Pencco, INC
P.O. Box 600
San Felipe, TX, 77473
United States
Email:[email protected]
Docusign Envelope ID: 52C8949E-BC30-4A71-8522-9D5037936830

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144

38. 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.

39. 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.

40. Survival. The terms, conditions, and obligations in Sections 2, 5, 6, 8, 11, 12, 16 through 19, 31, 32, 35, and 38 through 41 shall survive the completion or termination of this Agreement.

41. 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.

42. 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.

43. 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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145
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 the City after it was signed by Contractor.

CONSULTANT: Dated:

Jennifer Guajardo
Bid Supervisor
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
Docusign Envelope ID: 52C8949E-BC30-4A71-8522-9D5037936830 7/3/2025 | 4:23 PM PDT

EXHIBIT A
146

EXHIBIT A
Scope of Work Template
Project Name Project Manager
Services to supply and deliver Ferric
Chloride
Andrew Hall
Project Goals
and
Objectives
City requires services to supply and deliver ferric chloride to the City of Livermore Water Reclamation Plant.

Scope of
Work
Description
CONTRACTOR shall provide all necessary labor, equipment, vehicles, transportation, supplies, and materials to provide all the following service:

1. Supply and deliver Ferric Chloride to the Livermore Water Reclamation Plant (WRP) located at 101 West Jack London Boulevard in Livermore, California.

Resource
Requirements

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

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

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

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

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

Communication
Plan
Contractor will coordinate ferric chloride delivery with Operations Supervisors at (925) 960-8160 or (925) 960-8164.

Docusign Envelope ID: 52C8949E-BC30-4A71-8522-9D5037936830

EXHIBIT A
147

EXHIBIT B

FEE SCHEDULE
The Contractor shall be compensated for the services identified in Exhibits A to this Agreement as follows:

3. Compensation. CITY shall compensate CONTRACTOR at the rate of $1,500.00 per dry ton.

4. Invoices. Each invoice submitted shall identify the amount of chemical provided.

Invoices shall be submitted to the below address:

Address:

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

Livermore, CA 94551
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148
Revised 9/21/2015 B8 – 5M POL

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EXHIBIT C

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

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

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

3. Workers’ Compensation and Employer's Liability:

Statutory limits as required by the State of California including $2,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability”.

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

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

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

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

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

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

1. The City of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special Docusign Envelope ID: 52C8949E-BC30-4A71-8522-9D5037936830

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149
Revised 9/21/2015 B8 – 5M POL

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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.

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150
CITY COUNCIL STAFF REPORT ITEM NO. 5.7
DATE: July 14, 2025
TO: Honorable Mayor and City Council
FROM: Carl Brown, Public Works Director
SUBJECT: Resolution authorizing execution of an agreement with Univar Solutions USA, LLC for the supply and delivery of sodium hypochlorite (12.5%) for use at the Water Reclamation Plant, in an amount no-to-exceed $705,000.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Univar Solutions USA, LLC for the supply and delivery of sodium hypochlorite (12.5%) for use at the Water Reclamation Plant, in an amount not-to-exceed $705,000.

SUMMARY
The Regional Water Quality Control Board requires the City to disinfect all treated wastewater prior to discharging it. Staff at the Water Reclamation Plant (WRP) currently use sodium hypochlorite (12.5%) for this purpose. Through a cooperative bidding process, Univar Solutions USA, LLC was determined to be the lowest bidder at $3.31 per gallon.

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

Earlier this year, the City participated in the annual Bay Area Chemical Consortium's (BACC) competitive bidding process for the supply of sodium hypochlorite. This bidding process met the requirements of Livermore Municipal Code 2.68.390 section C for cooperative bidding arrangements. The BACC is made up of numerous water and wastewater agencies in the Bay Area region that use similar chemicals. By utilizing the aggregate volume of these agencies, the BACC seeks to achieve the lowest market price for its members. In February 2025, the BACC issued Bid No, 13-2026 for competitive bidding for the supply of sodium hypochlorite (12.5%). Univar USA, Inc. was selected as the lowest responsive bidder at $3.31 per gallon.
151

FISCAL AND ADMINISTRATIVE IMPACTS
The $705,000 not-to-exceed amount for the supply and delivery of sodium hypochlorite is included in the proposed FY 2025-26 operating budget in the Wastewater Enterprise Fund (Fund 620). Staff does not anticipate any administrative impacts or impacts to any other Fund due to approval of this agreement.

COMMUNITY PILLAR

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

ATTACHMENTS

1. Award Letter

2. Resolution

3. Exhibit A - Agreement
Prepared by: Laura Mayate-DeAndreis
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
152
PO Box 24055, MS 702 • Oakland, CA 94623 • www.bacwa.org Central Contra Costa Sanitary District • East Bay Dischargers Authority • City of San Jose • East Bay Municipal Utility District • City & County of San Francisco March 17, 2025
Univar Solutions USA LLC
ATTN Jennifer Perras
8201 S 212th St.

Kent, WA 89032
RE: Regional Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 13- 2025 for Supply and Delivery of SODIUM HYPOCHLORITE 12.5% in the Central Valley, East Bay, Marin Sonoma Napa, North Bay, Peninsula, South Bay and Tri Valley regions.

Dear Ms. Perras,
We are pleased to advise you that the bid submitted by Univar Solutions USA LLC. for Bid No. 13-2025 was determined to be the lowest responsive bid for the supply and delivery of SODIUM HYPOCHLORITE 12.5% in the Central Valley, East Bay, Marin Sonoma Napa, North Bay, Peninsula, South Bay and Tri Valley regions during the period July 1, 2025 through June 30, 2026.

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

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

If you have any questions, please free to contact me at [email protected] Sincerely,
Jennifer Dyment
Assistant Executive Director
BACWA.org
as Coordinating Agency for the Bay Area Chemical Consortium ATTACHMENT 1 1
153
Bay Area Clean Water Agencies
Bid Results for Project 13-2025 SODIUM HYPOCHLORITE 12.5% Bid Due on February 20, 2025 4:00 PM (PDT)

REGIONAL BID AWARD
Section
Sodium Hypochlorite

12.5% In Carboys
(OPTIONAL BID ITEM)
SODIUM

HYPOCHLORITE

5.25% (Optional
bid item)
Description Central Valley East Bay
Marin Sonoma
Napa North Bay Peninsula Sacramento South Bay Tri Valley Central Valley North Bay Marin Sonoma Napa Sacramento Unit of Measure gal gal gal gal gal gal gal gal gal gal gal gal Univar Solutions USA LLC. 3.2900 3.2700 3.2900 3.2500 3.3200 3.4100 3.2900 3.3100 no bid no bid SODIUM HYPOCHLORITE 12.5%
SODIUM HYPOCHLORITE 12.5% In
275-gal totes (Optional bid item)
ATTACHMENT 1
1 154
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT FOR SERVICES WITH UNIVAR USA, INC. FOR THE
SUPPLY OF SODIUM HYPOCHLORITE 12.5% FOR USE AT THE

WATER RECLAMATION PLANT IN AN AMOUNT NOT-TO-EXCEED
$705,000.

The City of Livermore requires the use of sodium hypochlorite at its Water Reclamation Plant to disinfect treated effluent. The City participates in the Bay Area Chemical Consortium (“Consortium”). This bidding process meets the requirements of Livermore Municipal Code section 2.68.360 section C for cooperative purchasing arrangements. This allows the City to receive the best price by leveraging large volumes of chemicals used in common amongst Bay Area wastewater and water service providers.

In February 2025, the Consortium completed a competitive bidding process and selected Univar USA, Inc. as the best value to provide sodium hypochlorite 12.5%. Univar USA, Inc. met all bid requirements and provides delivery directly to the Livermore Water Reclamation Plant.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that the City Council authorizes the execution of an agreement for services attached hereto as Exhibit A with Univar USA, Inc. in an amount not to exceed $705,000 to provide supply and delivery of sodium hypochlorite 12.5% to the Water Reclamation Plant.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 14, 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
155
25-0231

AGREEMENT FOR SERVICES
THIS AGREEMENT is made and entered on by
and between the City of Livermore (“City”), a municipal corporation, and Univar Solutions USA, LLC (“Contractor”), an Illinois Limited Liability Corporation.

RECITALS
City requires services to supply and deliver Sodium Hypochlorite (12.5%) to the City of Livermore Water Reclamation Plant.

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

EXHIBIT A
156

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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. Contractor’s invoice shall be in writing and describe the Services performed for the payment requested, and if requested by the Project Manager, Contractor shall certify the correctness of any invoice or invoices for Services provided. Contractor 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 Contractor and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment. Contractor shall make the invoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Contractor shall give City 30 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 Contractor 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 Contractor 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 Contractor fails to make such correction in a timely manner, then City may make the correction and then charge the cost thereof to Contractor or deduct that cost from the compensation payable to Contractor; and, (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.
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EXHIBIT A
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familiar with the California Labor Code and the Prevailing Wages Laws, and failure or neglect of Contractor to understand the California Labor Code shall and Prevailing Wage Laws in no way relieve Contractor from any obligations thereunder or under this Agreement.
(g) Contractor acknowledges that failure to pay prevailing wages to an entitled worker performing the Services may result in the Contractor being ineligible to contract with City.

EXHIBIT A
160

13. Term. The term of this Agreement commences on 07/01/2025, and terminates upon the completion of the Services or 06/30/2026, whichever occurs first.

15. Compensation and Payment.
(a) The total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $705,000.00 ("not-to-exceed amount"). (b) City shall compensate Contractor for the Services rendered at the hourly rates or task amounts set forth in Exhibit B Fee Schedule, and shall reimburse Contractor for travel expenses and other costs that are identified in Exhibit B, up to the not-to-exceed amount.
(c) Contractor and City acknowledge that compensation paid by City to Contractor pursuant to this Agreement is based upon Contractor’s estimated costs to provide the Services, including the salaries and benefits paid by Consultant to its personnel.

EXHIBIT A
161
has no responsibility for contributions beyond the compensation paid to Contractor under this Agreement. As provided in this Agreement, the hourly rates, task amounts and reimbursement for specified travel expenses and costs in the Fee Schedule are intended to be Contractor’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 Contractor, its agents, and employees to provide the Services, including all taxes Contractor is required to pay. (d) City shall pay Contractor no later than 30 days after City receives a written invoice from Contractor and verifies the Services were performed for the payment requested. (e) City shall pay Contractor via the Automated Clearing House or as otherwise instructed by Contractor pursuant to Section 4(g) above.

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.

EXHIBIT A
162
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 Contractor’s performance of the Services, or in connection with Contractor’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of the Indemnified Parties. Contractor’s obligations to hold harmless, indemnify, and defend shall not be excused because of Contractor’s inability to evaluate Liability or because Contractor evaluates Liability and determines that Contractor is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Contractor must respond within 30 days to the tender of any claim for defense and indemnity by City.
(a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Contractor’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.
(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Contractor’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).

22. Acceptance of Final Payment. Contractor’s acceptance of final payment will release City from any and all claims and liabilities for compensation under this Agreement.
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23. Acceptance of Work. City’s acceptance of, or payment to Contractor for, the Services does not release Contractor from its responsibility for the accuracy, completeness, or competency of the Services, nor do the actions constitute an assumption of Contractor’s responsibility or liability by City for any defect or error in the Services.

Contractor shall review and complete as necessary the City’s California Levine Act Disclosure Statement that can be obtained from the City Clerk.

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

EXHIBIT A
164

29. Business Entity Status. Contractor 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 Contractor to provide the Services. By entering into this Agreement, Contractor 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 Contractor, including any licensing agencies and trade industries. If Contractor is a suspended entity at the time it enters into this Agreement, City may take steps to void this Agreement.

EXHIBIT A
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35. 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 14, 20, 31, and 35 through 38 for notices, consent, or modifications.

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

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

Livermore, CA, 94551
[email protected]
Email: [email protected]
[email protected]
[email protected]
TO CONTRACTOR: Attention: Jennifer Perras
Univar Solutions USA, LLC
8201 S 12th Street
Kent, WA, 98032
United States
[email protected]
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40. Survival. The terms, conditions, and obligations in Sections 2, 5, 6, 8, 11, 12, 16 through 19, 31, 32, 35, and 38 through 41 shall survive the completion or termination of this Agreement.

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 the City after it was signed by Contractor.

CONSULTANT: Dated:

Joe Serna
Vice President
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
Exhibits:

Exhibit A – Scope of Work
Exhibit B – Fee Schedule
Exhibit C – Insurance Requirements
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EXHIBIT B

FEE SCHEDULE
The Contractor shall be compensated for the services identified in Exhibits A to this Agreement as follows:

1. Compensation. City shall compensate CONTRACTOR at the rate of $3.31 per gallon.

3. Invoices. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit B. Invoices shall be submitted to the below address:

City of Livermore
Water Resources Division
Attention: Water Resources Operations Manager
101 West Jack London Blvd.

Livermore, CA 94551
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Revised 9/21/2015 B8 – 5M POL

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EXHIBIT &

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

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

3. Workers’ Compensation and Employer's Liability:

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

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

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

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

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

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

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

EXHIBIT A
172
CITY COUNCIL STAFF REPORT ITEM NO. 5.8
DATE: July 14, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing the execution of a two-year agreement with Interwest Consulting Group to provide planning services in an amount not-to-exceed $390,000.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Interwest Consulting Group to provide planning technical services for the period of July 10, 2025, through July 10, 2027, in an amount not-to-exceed $390,000.

SUMMARY
The Planning Division staff continues to manage several large scale, multi-year programs including the General Plan Update. The City has also seen an increase in complexity of private development applications and expects that trend to continue for the next several years, particularly as the implementation of the 2045 General Plan commences. The frequency and volume of in-person inquiries for land use and zoning information at the Permit Center's public counter remains high. Electronic inquiries via e-mail, phone, and through the City's website are increasing as these channels are more convenient for the general public.

This agreement will enable Interwest Consulting Group (Consultant) to continue to provide full-time technical planning services in-person at the public counter and respond to electronic inquiries. Staff anticipates the Consultant will also process minor entitlement applications for signs, accessory structures, and residential construction projects, and non-residential additions. Interwest has provided good service to the City with one full time Planning Tech/Assistant Planner over the past two years. This agreement will allow that Interwest staff to continue as well as an additional Interwest staff as needed to supplement City staff.

Supplementing staffing resources in the Planning Division for a two-year period will facilitate progress on the City's high-profile programs and complex projects and enable the division to continue providing highquality customer service and meet required timelines for processing of private development applications.

DISCUSSION
173
City Planning staff continues to implement significant programs including the update of the City's General Plan and are preparing for its implementation such as the development of a Midtown Specific Plan, comprehensive update to the Development Code, facilitation of South Livermore revitalization, and implementation of the Airport Development Strategy. Staff are also managing the short-term rental and downtown Outdoor Dining programs, and processing development projects for land recently annexed near the Oaks Business Park. In addition, Planning staff continues to lead downtown project implementation, responding to Alameda County referrals, tracking and monitoring housing development in compliance with state requirements, and participating in regional planning efforts with the Association of Bay Area Governments/Metropolitan Transportation Commission.

At the same time, the Planning Division continues to experience significant development interest in the Isabel Neighborhood Specific Plan (INSP) area. The City Council has already approved multiple development applications in the INSP. City staff resources are committed to post entitlement tasks associated with the multi-phased developments such as Isabel Crossings and Cornerstone subdivisions.

Planning staff also manages the City's open space acquisition and long-term management program and has been active in purchasing new open space properties over the past several years. Staff manages and updates the City's development database and provides demographic information to the public and other departments for important long-term forecasting. Finally, Planning staff oversees and provides staff liaisons to two separate advisory bodies: Planning Commission and the Historic Preservation Commission.

The proposed Consultant will provide permit technician services for the Planning Division to supplement ongoing staffing at the public counter and via electronic channels. The planning services proposed under the Agreement will enable the Planning Division staff to focus internal efforts on priority projects and simultaneously maintain appropriate levels of customer service in response to the high volume of complex private project applications the City has been receiving and expects to continue to receive over the next 24 months. This Agreement covers up to $390,000 through July 10, 2027.

FISCAL AND ADMINISTRATIVE IMPACTS
The term of the agreement is from July 10, 2025, to July 10, 2027, in an amount not-to-exceed $390,000.

The Planning Division’s proposed budget includes sufficient funds to cover consultant contract costs for the next two fiscal years (2025-26 and 2026-27); therefore, no additional appropriation is necessary.

Utilization of city staff time will be necessary to administer the consultant agreement and provide supervisory oversight of the Consultant's day-to-day performance.

COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
6: Provide efficient and effective permit processing services

ATTACHMENTS
174

1. Resolution

2. Exhibit A - Agreement
Prepared by: Andy Ross
Principal Planner
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
175
1 RESOLUTION NO. _______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH INTERWEST CONSULTING GROUP IN AN AMOUNT NOT-TO-EXCEED $390,000 TO PROVIDE

TECHNICAL PLANNING SERVICES
The Planning Division in the Community Development Department requires a consultant to provide permit technician services at the public counter and via electronic channels, in addition to processing minor entitlement applications. The planning services proposed under the agreement with the consultant, Interwest Consulting Group (“Agreement”), will enable the Planning Division staff to focus internal efforts on priority projects and maintain appropriate levels of customer service.

The proposed Agreement with lnterwest Consulting Group allows for services to commence on July 10, 2025, and terminate upon completion of services, or on July 10, 2027, whichever occurs first.

Authorization to execute a professional services agreement is an administrative action, which does not qualify as a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378.

Therefore, no environmental review is required.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to execute the Agreement with lnterwest Consulting Group, attached hereto as Exhibit A, in an amount not-toexceed $390,000, for technical planning services.

On motion of _________, seconded by Council Member ________, the foregoing resolution was passed and adopted on July 14, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
___________________
Deborah L. Elam
City Clerk
/s/ Katherine Mirassou_____
Katherine Mirassou
Assistant City Attorney
Exhibit A - lnterwest Consulting Group Professional Services Agreement 176
Professional Services Agreement
ver. 2025.01

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25-0283

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered on by and between
the City of Livermore (“City”), a municipal corporation, and Interwest Consulting Group (“Consultant”), a California Corporation.

RECITALS
City requires professional services to Planning technical services at the public counter and via telephone and e-mail and assist with routine entitlement applications.

Drafting conditions of approval, agreements, and staff reports to City Council which shall be finalized by City staff. May attend meetings between staff, developers, planners and others.

These services shall be ordered as needed pursuant to individual written project orders issued by the City and approved by the Planning Manager. Project assignments will include a scope of work and budget to provide standards to determine when City will deem that project complete. City reserves the right not to order any services or expend any moneys pursuant to this Agreement.

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, Docusign Envelope ID: F4755587-07E8-4957-AF65-ADC11E69B98C

EXHIBIT A
177
Professional Services Agreement
ver. 2025.01

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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.
(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 Stephen Riley (“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;
Docusign Envelope ID: F4755587-07E8-4957-AF65-ADC11E69B98C

EXHIBIT A
178
Professional Services Agreement
ver. 2025.01

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(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 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 Docusign Envelope ID: F4755587-07E8-4957-AF65-ADC11E69B98C

EXHIBIT A
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Professional Services Agreement
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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,
(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 07/10/2025, and terminates upon the completion of the Services or 07/10/2027, 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 $390,000.00 ("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-andDocusign Envelope ID: F4755587-07E8-4957-AF65-ADC11E69B98C

EXHIBIT A
180
Professional Services Agreement
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all 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.

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. For the avoidance of doubt, nothing in this Agreement shall be understood to grant City rights to pre-existing intellectual property of Consultant, including Consultant software and licensed software, or to any improvements thereto.

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 either selected from Consultant's insurance carrier's panel counsel or other counsel either of which must be 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 third party liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively “Liability”) of every nature to the extent arising out of or in connection with Consultant’s intentionally wrongful or negligent 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 or active negligence or willful misconduct of the Indemnified Parties, or Liability caused by (i) the use by City of unfinished or draft documents or (ii) the use of documents for any project other than that for which they were prepared or (iii) the use of documents after a change in applicable codes or law. Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant Docusign Envelope ID: F4755587-07E8-4957-AF65-ADC11E69B98C

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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. Notwithstanding any provision of law to the contrary, Consultant shall have the right to control the defense and settlement of any action for which indemnification is sought, provided that it shall not enter into any settlement that requires an admission of wrongdoing by any Indemnified Parties without that Indemnified Parties' approval. Consultant’s obligations under this Agreement are contingent upon timely receipt of notice of the claim for which indemnification is sought, such that defense of the claim is not prejudiced, and the reasonable assistance of the Indemnified Parties in connection with the defense of the claim. (a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Consultant’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.
(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code 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 Docusign Envelope ID: F4755587-07E8-4957-AF65-ADC11E69B98C

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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.

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 Docusign Envelope ID: F4755587-07E8-4957-AF65-ADC11E69B98C

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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 , which shall not be unreasonably delayed or withheld. For the purposes of this section, a change of fifty percent or more in the ownership or control of Consultant constitutes an assignment.

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.

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(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.

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: Stephen Riley
City of Livermore / Community Development
1052 South Livermore Avenue Livermore, CA, 94550
[email protected]
Email: [email protected]
[email protected]
[email protected]
TO CONSULTANT: Attention: Richard Smeaton, AICP
Interwest Consulting Group
39355 California Street, Suite 200
Fremont, CA, 94538
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.

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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.

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:

Paul Meschino
President of Operations
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
Exhibits:

Exhibit A – Scope of Work
Exhibit B – Fee Schedule
Exhibit C – Insurance Requirements
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EXHIBIT A
Scope of Work
Project Name Project Manager
Interwest Consulting Group Stephen Riley
Scope of
Work
Description
• Planning technical services at the public counter and via telephone and e-mail and assist with routine entitlement applications. Drafting conditions of approval, agreements, and staff reports to City Council which shall be finalized by City staff. May attend meetings between staff, developers, planners and others.

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EXHIBIT B

FEE SCHEDULE
The Contractor shall be compensated for the services identified in Exhibits A to this Agreement as follows:

1. Maximum Not To Exceed Amount.

A. The maximum the Contractor shall be paid on this Agreement is 390,000.00 hereafter the Not to Exceed amount. The Not to Exceed amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work not identified in Exhibit A.

B. Standard Reimbursable Items: Only the reimbursable items identified shall be compensated to the Contractor. Reimbursable expenses will be reimbursed without markup. Reimbursable expenses shall not exceed the amount set forth in section 1.A of this Exhibit and a copy of the original invoice for the items listed in sections 1, 2 or 3 below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documentssubmitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. Additionally, items such as a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary, and actually incurred, by the Contractor in connection with the services:

1. Expenses, fees or charges for printing, reproduction, or binding of documents at actual costs with no markup added to the actual cost.

2. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost.

3. Travel expenses shall be reimbursed at actual costs with no markup added to the actual cost.

C. The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the Not to Exceed amount is reached. Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

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D. If work is completed before the Not to Exceed amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.

2. Hourly Rates (if charging hourly rates. If not, insert table with basis of charges). The Not-to-Exceed amount of this contract shall be 390,000.00 to be billed by the contractor on an as-needed basis, based on the hourly rates as the following table:

Position Description Hourly Rate
Emily LaDue – Assistant Planner $110
Nishant Seoni – Associate Planner $135

City of Livermore
Planning
Community Development
Attention: Stephen Riley
1052 South Livermore Avenue
Livermore, CA 94550
[email protected]
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EXHIBIT C

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

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

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

3. Workers’ Compensation and Employer's Liability:

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

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

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

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

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

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

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

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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. Except with respect to Worker's Comensation coverage 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 noncontributory 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.

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.

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CITY COUNCIL STAFF REPORT ITEM NO. 5.9
DATE: July 14, 2025
TO: Honorable Mayor and City Council
FROM: Tina Olson, Administrative Services Director
SUBJECT: Resolution approving the Memorandum of Understanding between the City of Livermore and the Livermore Management Group (LMG).

RECOMMENDED ACTION
Staff recommends that the City Council adopt a resolution authorizing the execution of the Memorandum of Understanding (MOU) between the City of Livermore and the Livermore Management Group (LMG) for the period of July 1, 2025, through June 30, 2029.

SUMMARY
The Livermore Management Group (LMG) Memorandum of Understanding expired on June 30, 2025.

LMG currently represents approximately 78 full-time equivalent positions and is the exclusive bargaining unit for the City’s mid-level managers. On April 24, 2025, negotiations with LMG on a successor agreement commenced. The City and LMG met six (6) times on the terms to be contained in the successor MOU. As a result of the meetings between the City and LMG, the parties reached a tentative agreement, subject to City Council approval, on terms and conditions of employment as set forth in Attachment 1 – Redlined Memorandum of Understanding.

DISCUSSION
The following is a summary of the proposed substantive changes to the previous LMG MOU which expired on June 30, 2025:

Term: July 1, 2025 – June 30, 2029 (4 years)
General Wage Adjustment
General wage adjustments will be provided to all employees holding classifications assigned to LMG as follows:

Effective July 14, 2025 – 5%
Effective July 13, 2026 – 3%
193
Effective July 12, 2027 – 3%
Effective July 10, 2028 – 3%
Recognition of Rising Medical Costs
In recognition of increases in medical costs, the MOU includes the following increases to base salary:

Effective July 14, 2025 – 1%
Effective July 13, 2026 – 1%
Bilingual Pay: Increase Bilingual Pay to $60/per pay period.

Acting Pay: Acting pay for assignments greater than 30 days due to vacancy or extended leave may be eligible for a temporary increase over the employee’s current base salary rate of up to 7.5%.

FISCAL AND ADMINISTRATIVE IMPACTS
The increase in the City's cost to salaries and benefits for Livermore Management Group employees for the first year of the contract is $675,655. By the fourth year of the MOU the salary and benefit modifications will be $2,214,768 greater than the FY 2024-25 budget for LMG employees. Council’s approval of the MOU includes the appropriation of funds as follows:

Fund # Fund
FY 2025-26 LMG
Allocation
FY 2026-27 LMG
Allocation
100 General Fund $426,796 $728,399
200 Low Income Housing Fund 18,155 30,984
210 Horizons 9,612 16,404
224 Grant - CDBG 3,278 5,595
283 City Street Sweeping Fee 806 1,376
289 Solid Waste & Recycling Fee 8,626 14,722
310 Downtown LMD 2,016 3,440
311 Other LMD 10,078 17,200
600 Airport 24,674 42,110
610 Stormwater 18,460 31,506
620 Wastewater 55,281 94,346
640 Water 31,697 54,097
720 Information Technology 52,468 89,546
730 Fleet & Equipment Services 8,063 13,760
740 Facilities Rehab Pgm 5,644 9,632
Total $675,655 $1,153,118

COMMUNITY PILLAR
5: A City That Works
GOAL
8: Attract, develop, engage, and retain a diverse and highly skilled workforce across the organization. 194

ATTACHMENTS

1. Memorandum of Understanding - Redlined

2. Resolution

3. Exhibit A - LMG MOU 2025 - 2029
Prepared by: Amanda Sabolish
Human Resource Analyst I
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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MASTER

M E M O R A N D U M O F U N D E R S T A N D I N G
on

WAGES, HOURS, AND OTHER TERMS AND

CONDITIONS OF EMPLOYMENT

LIVERMORE MANAGEMENT GROUP
and

CITY OF LIVERMORE

TERM OF MEMORANDUM
July 1, 2021 through June 30, 2025
July 1, 2025 through June 30, 2029
ATTACHMENT 1
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T A B L E O F C O N T E N T S
CHAPTER 1. ADMINISTRATIVE
ARTICLE I. PARTIES TO UNDERSTANDING......................................................... Page 1 ARTICLE II. RECOGNITION....................................................................................... Page 1 ARTICLE III. STATE LAW COMPLIANCE................................................................. Page 1 ARTICLE IV. CITY COUNCIL APPROVAL ................................................................ Page 1 ARTICLE V. TERMS OF UNDERSTANDING............................................................ Page 1 CHAPTER 2. SALARIES AND OTHER COMPENSATION
ARTICLE I. SALARIES ............................................................................................... Page 1 ARTICLE II. OVERTIME COMPENSATION ............................................................. Page 2 ARTICLE III. SUPERVISORY DIFFERENTIAL PAY................................................. Page 2 ARTICLE IV. UNIFORMS ALLOWANCE ................................................................... Page 3 ARTICLE V. TUITION REIMBURSEMENT PLAN.................................................... Page 3 ARTICLE VI. DEFERRED COMPENSATION ............................................................. Page 3 ARTICLE VII. EMPLOYEE PROFESSIONAL CERTIFICATIONS, LICENSES, AND MEMBERSHIP IN ORGANIZATIONS.................................................. Page 4 ARTICLE VIII. ACTING PAY .......................................................................................... Page 4 ARTICLE IX. SPECIAL PROJECT PAY ....................................................................... Page 4 ARTICLE X. BILINGUAL PAY.................................................................................... Page 5 ARTICLE XI. SAFETY SHOES...................................................................................... Page 5 CHAPTER 3. LEAVES
ARTICLE I. VACATION ............................................................................................. Page 5 ARTICLE II. PARENTAL LEAVE ............................................................................... Page 6 ARTICLE III. BEREAVEMENT LEAVE....................................................................... Page 6 ARTICLE IV. ADMINISTRATIVE LEAVE.................................................................. Page 6 ARTICLE V. HOLIDAYS.............................................................................................. Page 7 ATTACHMENT 1
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CHAPTER 4. INSURANCES AND HEALTH CARE
ARTICLE I. HEALTH CARE BENEFITS................................................................... Page 7 ARTICLE II. LIFE INSURANCE.................................................................................. Page 7 ARTICLE III. LONG TERM DISABILITY INSURANCE............................................ Page 7 ARTICLE IV. RETIREE HEALTH BENEFIT ............................................................... Page 8 ARTICLE V. HEALTH AND FITNESS........................................................................ Page 9 ARTICLE VI. LONG TERM CARE ............................................................................. Page 10 CHAPTER 5. RETIREMENT
ARTICLE I. PERS RETIREMENT PLAN................................................................. Page 10 CHAPTER 6. MISCELLANEOUS
ARTICLE I. APPLICABILITY OF PERSONNEL RULES AND REGULATIONS AND CITY POLICIES .................................................................................... Page 11 ARTICLE II. PART-TIME EMPLOYEES................................................................... Page 11 ARTICLE III. ECONOMIC UNCERTAINITY ............................................................ Page 11 ATTACHMENT 1
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CHAPTER 1. ADMINISTRATIVE
ARTICLE I. PARTIES TO UNDERSTANDING
This Memorandum of Understanding is entered into by and between the CITY OF LIVERMORE, a municipal corporation hereinafter referred to as "CITY," and CITY OF LIVERMORE MANAGEMENT GROUP hereinafter referred to as "MANAGEMENT GROUP" pursuant to Government Code 3500, et seq. This Memorandum of Understanding applies to those classes of employment set forth in Appendix "A" attached hereto and made a part hereof.

ARTICLE II. RECOGNITION
CITY OF LIVERMORE MANAGEMENT GROUP is the formally recognized employee organization for the middle managers. The City Manager or a designated representative is the representative of the City of Livermore in employer-employee relations matters.

ARTICLE III. STATE LAW COMPLIANCE
This Memorandum of Understanding complies with the provision of Section 3500, et seq., of the Government Code of the State of California, and the City of Livermore City Council Resolution 9-77 in that the parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in said representation unit, and have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

ARTICLE IV. CITY COUNCIL APPROVAL
This Memorandum of Understanding shall be presented to the Livermore City Council as the joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period commencing July 1, 2021 2025 and ending June 30, 2025 2029.

ARTICLE V. TERMS OF UNDERSTANDING
It is mutually recommended that the modifications shown in this Memorandum of Understanding be made applicable on the dates indicated and in conjunction with the existing unmodified rules, regulations and ordinances of the City, shall constitute the wages, hours and working conditions for those employees represented by CITY OF LIVERMORE MANAGEMENT GROUP for the period July 1, 2021 2025 through June 30, 2025 2029.

Except as otherwise specifically provided herein, this Memorandum fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall, during the term of this Memorandum demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this Memorandum by mutual agreement.

CHAPTER 2. SALARIES AND OTHER COMPENSATION
ARTICLE I. SALARIES
Effective for the pay period beginning July 5, 2021 July 14, 2025, salaries of classifications assigned to this bargaining unit will reflect an increase of two percent (2.0%) five percent (5.0%).

ATTACHMENT 1
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Subsequent contract years will include the following increases:

Effective July 4, 2022 – 3.5% July 13, 2026 – 3%
Effective July 3, 2023 – 2.5% July 12, 2027 – 3%
Effective July 1, 2024 – 2.0% July 10, 2028 – 3%
In recognition of rising medical costs, the City will increase base salaries as follows:

Effective July 5, 2021 – 0.5% July 14, 2025 – 1%
Effective July 4, 2022 – 0.5% July 13, 2026 – 1%
Effective July 3, 2023 – 0.5%
Effective July 1, 2024 – 0.5%
ARTICLE II. OVERTIME COMPENSATION
For managers deemed to be FLSA non-exempt employees, overtime will be paid in accordance with the Fair Labor Standards Act (FLSA). Non-exempt employees are not eligible for Administrative Leave.

ARTICLE III. SUPERVISORY DIFFERENTIAL PAY
It shall be the policy of the City to recognize supervisory responsibilities of management employees by providing a differential in base salary between the supervising management employee and the subordinate employee(s). The minimum amount of differential to be paid to the management employee shall be:
10% above a non-management subordinate

7.5% above a management subordinate
Procedures and Conditions
The differential will only be applied when there is a direct and immediate departmental supervisory relationship. The City Manager shall be the final determiner of the supervisory relationship and in other than department head positions the department head shall be responsible for recommending to the City Manager the supervisory relationships within the department.

Approval
Differential adjustments shall not be made without the City Manager’s approval.

Determination of Amount
The amount of differential shall be based on the actual dollars of the subordinate employee’s base salary, not on salary ranges.

Effective Date of Adjustment
The differential adjustment in the supervisor's salary shall be effective on the first day of the pay period concurrent with or immediately following the effective date of the subordinate employee's increase in base salary.

Effect of Differential Adjustment on Next Salary Increase When the salary of a management employee is adjusted in recognition of a supervisory differential, the amount of that adjustment will not be considered as part of base salary when calculating any increase in the employee's base salary.

Multiple Position Supervisory Classification
If a supervisory classification has more than one allocated position and more than one rate of base salary for incumbent employees due to time in class or other reason, the supervisory differential adjustment shall be determined solely on the basis of the individual difference between subordinate and supervisor base salaries.

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Temporary Assignments
Temporary or acting assignments will be considered as separate actions and shall not be cause for differential adjustments based upon supervisor relationships.

Probationary Employee
In setting or adjusting the salary of a probationary management employee, the City Manager shall determine in each individual case how much, if any, of the minimum differential will be applied.

Probationary status shall not disqualify an otherwise eligible employee from receiving the supervisory differential.

ARTICLE IV. UNIFORMS ALLOWANCE
An annual uniform allowance will be paid to eligible employees in the following classifications who are required to obtain, maintain, and wear a uniform as follows:

Police Facility and Equipment Manager - The annual uniform allowance shall be $600.

Uniform Allowance shall be paid in equal amounts each pay period as earned. Eligible employees who enter service will receive an advance of the prorated amount of uniform allowance after beginning employment.

The annual uniform allowance shall sunset and be removed from the MOU upon the retirement or separation of the current incumbent holding the position as of July 1, 2025. No successor shall be entitled to or covered by this provision.

The Police Department will purchase, and replace as needed, a Class A uniform for the Police Support Services Manager, Police Business Services Manager, and the Police Facility and Equipment Manager.

ARTICLE V. TUITION REIMBURSEMENT PLAN
All management employees are eligible to participate in the tuition reimbursement plan as defined in the Personnel Rules and Regulations of the City and detailed in Administrative Regulation 14 dated July 18, 1994, Tuition Reimbursement. Reimbursement shall be paid at a rate of 75% of verified costs for books and tuition except as outlined in Article IX below and is subject to the availability of funds as determined by the City Manager.

ARTICLE VI. DEFERRED COMPENSATION
Eligible employees shall be able to participate in the deferred compensation program that the City may establish, administer, revise, sponsor, or make available to eligible employees. Effective with the pay period beginning December 1, 2014, the City will contribute $92.30 per pay period to each employee’s deferred compensation account.

Effective July 9, 2018, the City will increase its contribution to deferred compensation by $32.70 to $125 per pay period with a required matching employee contribution of $25 per pay period.

Effective July 8, 2019, the City will increase its contribution to deferred compensation by $30 to $155 per pay period with a required matching employee contribution of $50 per pay period.

Effective July 6, 2020, the City will increase its contribution to deferred compensation by $30 to $185 per pay period with a required matching employee contribution of $75 per pay period.

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In order for an employee to receive the annual increase to the City’s contribution to deferred compensation, the employee must contribute the indicated matching amount for that period.

The amount will be pro-rated for part-time employees
ARTICLE VII. EMPLOYEE PROFESSIONAL CERTIFICATIONS, LICENSES, AND MEMBERSHIP

IN ORGANIZATIONS
Licenses and Certifications: The City will reimburse employees for the cost of state or other licensing or certification when such licensing or certification is verified by the department head to be a requirement for the job. If an employee fails a test required to gain certification, the City will not pay for costs associated specifically with the retesting portion of the certification fee. Should an employee leave the employment of the City of Livermore, he/she shall proportionately reimburse the City for any time remaining in the certification period.

Regulations and procedures covering course work for certifications are covered in the City of Livermore Personnel Rules and Regulations and Administrative Regulation 14, “Tuition Reimbursement” except as follows. Reimbursement for course work required to maintain a required license or certification will be made at the rate of 100% upon verification by the department head that the course work is required to maintain certification.

Professional Memberships: Professional memberships required as part of the employee’s professional licensure or certification as verified by the department head shall be reimbursed at 100%. City reimbursement for professional memberships not so required will be considered as part of the budgetary process, subject to the City Manager’s determination.

ARTICLE VIII. ACTING PAY
Eligibility. An employee assigned to perform substantially the duties of a higher job classification as determined by the department head (or the City Manager, in the absence of the department head) for at least five (5) calendar consecutive workdays, shall receive acting pay. retroactive to the date of the assignment and shall be paid in a lump sum as soon as administratively feasible.

Rate of Pay. An employee who qualifies for Acting Pay as described above in “Eligibility” shall be paid the starting rate of the salary established for the salary range of the temporary assignment. An exception to this will be made if this salary rate is less than 5% over the employee’s current base salary rate. In that circumstance, the employee will receive the amount within the range that represents a 5% increase over the employee’s current base salary rate. Additional, the employee will receive no less than 2.5% over the highest compensated employee supervised. In no event shall the rate paid exceed the top step of the assigned classification.

An employee whose acting assignment is expected to exceed 30 calendar days, due to a vacancy or coverage for an extended leave of absence, and whose assignment includes a high degree of complexity and/or increased level of supervisory responsibilities, as determined by the department head, may be eligible to receive up to 7.5% over the employee’s base salary, subject to the approval of the Administrative Services Director.

If the acting assignment requires supervision, the employee will receive no less than 2.5% over the highest compensated employee supervised. In no event shall the rate paid exceed the top of the range of the assigned classification.

If an employee is assigned to an acting assignment for 12 months, the department head or City Manger as ATTACHMENT 1
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outlined above in “Eligibility” may provide an additional increase of up to 7% or the maximum of the range, whichever is less.

ARTICLE IX. SPECIAL PROJECT PAY
Eligibility. An employee assigned to perform management duties by the City Manager department head to facilitate the completion of a project requiring skills and knowledge greater than those of the employee’s normal duties for a period of at least 30 calendar days, shall receive Special Project Pay.

Effective Date. Effective the 30th calendar day from commencement of the special project assignment, the employee shall receive Special Project Pay retroactive to the date the employee was assigned to such duties. The City Manager may make an exception in a situation in which s/he has knowledge that the assignment will last 30 calendar days or more. Retroactivity will be paid in a lump sum payment as soon as administratively possible.

Rate of Pay. An employee who qualifies for Special Project Pay described in “Eligibility” and “Effective Date,” shall be paid 5% - 7% over the employee’s current salary as determined by the City Manager. An exception will be made if the project includes full supervision of other employees. In such a situation, the employee will be paid the 5% - 7% referenced above plus an additional percentage as necessary to ensure that the Special Project Pay reflects a differential of 2.5% over the highest compensated position supervised. If an employee performs in a special project assignment for 12 months, the City Manager may provide an additional increase of up to 7% effective the beginning of the 13th month.

ARTICLE X. BILINGUAL PAY
Employees who are certified identified by the department head and approved by the City Manager and who utilize one of the following languages while performing their assigned duties shall receive Fifty Sixty Dollars ($560.00) for each pay period starting with the first pay period after their certification and for as long as they remain certified.

Bilingual pay shall apply to fluency employees who are certified at the conversational level in the following languages: Spanish, Vietnamese, Arabic, (including Persian, Iranian and Farsi), Chinese, Farsi, Mandarin, Cantonese, Cambodian, Sign Language, and other languages as determined by the department head based on operational need. Employees receiving bilingual pay are subject to periodic re-certification as a condition of receiving bilingual pay.

ARTICLE XI. SAFETY SHOES
Management employees who may be required to wear safety shoes or boots shall be eligible to be reimbursed up to Two Hundred Dollars ($200) per fiscal year for the purchase of safety shoes as defined by the Occupational Safety and Health Administration. Employees in the following classifications will be eligible for reimbursement: Assistant City Engineer, Building Official, City Engineer, Construction Inspection Manager, Inspection & Neighborhood Preservation Manager, Public Works Supervisor, Senior Civil Engineer, and Water Resources Operations Manager. The City Manager may provide other classifications safety shoe reimbursement at his/her discretion.

CHAPTER 3. LEAVES
ARTICLE I. VACATION
Full-time employees shall accrue vacation as follows:

Years of Service Accrual Rate Per Pay Period
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First year* 3.1 hours
Second through fifth 4.62 hours
Sixth through tenth 5.23 hours
Eleventh through fifteenth 6.19 hours
Sixteenth through nineteenth 6.93 hours
Twentieth or more 7.4 hours
*Probationary employees must satisfactorily complete their probationary period before being advanced to the second year accrual rate.

Vacation Accumulation
Employees may accumulate up to three hundred and seventy-five (375) hours of vacation. Employee vacation accruals shall be suspended after reaching 375 maximum hours until employee is below the 375 maximum vacation hours accrual. Employees are responsible for monitoring their respective accruals.

Vacation Cash Out
All employees will be eligible to cash out up to eighty-five (85) hours of vacation semi-annually during the months of June and December each year. Employees must retain a minimum balance of forty (40) hours of vacation at the time of each cash out. The City Manager may suspend the payout provision if she/he determines that a demonstrated fiscal crisis exists.

During the month of December of each year, employees must make an irrevocable election to cash out vacation in the following calendar year. Failure to submit an irrevocable election form shall be the same as electing not to cash out vacation leave during the following calendar year.

The employee will be responsible to make sure the elected vacation hours to be cashed out are available at the time of each vacation cash out. If an employee, either due to not meeting the minimum balance requirement or due to unanticipated usage, does not have enough vacation hours according to their election at the time of cash out, the employee will receive the remaining available balance or no cash out.

ARTICLE II. PARENTAL LEAVE
Any full-time employee who becomes a parent by adoption or foster care placement of a child or any employee who becomes a parent due to the birth of a child may use the equivalent of four (4) regularly scheduled workdays of sick leave to be with the child. Such leave will be in addition to and may be combined with, that allowed under the City’s Personnel Rules and Regulations, Chapter 11, Section

11.04, Sub-section C.

ARTICLE III. BEREAVEMENT LEAVE
In the event of a death in the immediate family of an employee, the employee shall, upon request, be granted time off, not to exceed the equivalent of three (3) regularly scheduled workdays for full-time employees. The immediate family shall be defined as follows any of the following of the employee, the employee’s spouse, or the employee’s domestic partner:

Spouse, children of the employee or of the employee’s spouse or registered domestic partner, or other relative residing with the employee or receiving full support or subsistence from the employee, mother, father, brother, sister, grandchild, grandparent, father-in-law, mother-in-law, and registered domestic partner. An employee may register a domestic partner by meeting the requirements set forth in the City of Livermore Declaration of Domestic Partnership form. The form will be filed with Human Resources and kept in the employee’s confidential medical file in Human Resources.

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• Spouse or registered domestic partner,
• Child(ren),
• Parents,
• Siblings,
• Grandparents,
• Grandchildren,
• A relative residing in the employee’s home or dependent upon the employee for full support.

In the event of the death of an employee’s non-immediate family, an employee may use up to the equivalent of three (3) regularly scheduled workdays of accumulated sick leave. The non-immediate family shall be defined as follows any of the following of the employee, the employee’s spouse, or the employee’s registered domestic partner:

Sister-in-law and brother-in-law
• Aunt or Uncle
Employees may supplement the paid bereavement leave in paragraph (a) with accrued leave (including vacation, administrative leave, or sick leave) to reach a total of five (5) workdays of time off per inciden of bereavement. Employees may schedule additional time off, as needed, using accrued vacation or administrative leave with the approval of their supervisor.

When unusual circumstances exist such as out-of-state travel, employee responsible for funeral arrangements, etc., an extension may be granted upon recommendation of the employee's department head and approval of the City Manager. Such extension may not exceed the equivalent of two (2) regularly scheduled workdays of accumulated sick leave.

Bereavement leave applies only in instances which the employee attends the funeral or is required to make funeral arrangements.

ARTICLE IV. ADMINISTRATIVE LEAVE
Each payroll year in recognition of the fact that management employees are to observe their regular work schedule and perform any further hours needed to satisfactorily execute the duties and responsibilities of their positions, an annual base of eighty (80) hours of administrative leave will be allotted to all managers except as outlined in Chapter 2, Article II. Additional management leave up to a maximum of one hundred twelve (112) hours may be allotted as determined by the City Manager. Part-time employees will receive a pro-rate number of hours.

Administrative leave allotments and the conditions for its use are administered by the City Manager.

Beginning July 1, 2017, new employees or employees newly promoted to the Livermore Management Group will receive eighty (80) hours of administrative leave with no eligibility for additional leave.

ARTICLE V. HOLIDAYS
Holiday provisions are governed by the City of Livermore Personnel Rules & Regulations except as follows:

All managers: Employees shall be allowed to take authorized holidays off with pay or an in-lieu day off ATTACHMENT 1
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with pay if required to work under a schedule established or approved in advance by the Department Head.

The City’s interpretation of the Fair Labor Standards Act provides that a holiday shall consist of the number of hours regularly scheduled for the date on which the holiday is observed. If this interpretation changes, the City will meet and confer about the impact of any change on the reporting of holidays. In order to be eligible for holiday time off or pay in lieu thereof, the employee must be in an approved pay status on both their scheduled workday immediately preceding and their workday immediately following the holiday.

CHAPTER 4. INSURANCES AND HEALTH CARE
ARTICLE I. HEALTH CARE BENEFITS
The City will provide a monthly contribution from which the employee may pay health, dental, and vision premiums.

The City will contribute One Thousand Nine Hundred Fifty Dollars ($1,950) per month per eligible employee. This amount will be prorated for employees who are scheduled to work less than full-time.

Any unused portion of the City’s contribution will be added as taxable income to the employee’s earnings.

ARTICLE II. LIFE INSURANCE
Eligible employees shall receive One Hundred Fifty Thousand dollars ($150,000) of basic life insurance coverage under the provisions of the Life Insurance Program as established, administered, revised, sponsored, and made available to all eligible employees by the City. The City shall pay any and all premiums for this coverage.

Eligible enrolled employees may purchase additional and supplemental life insurance amounts.

ARTICLE III. LONG TERM DISABILITY INSURANCE
The City will select, administer, revise and sponsor a Long Term Disability Insurance program and make the program or plan available to all eligible employees. The City shall pay any and all premiums for this plan.

The plan shall provide a monthly benefit of 60% of base monthly earnings up to a benefit maximum of $6,000/month.

ARTICLE IV. RETIREE HEALTH BENEFIT
The City shall provide the following retirement health benefit:

1. A new employee hired by the City into a Management Group position on or after February 1, 2006 shall be enrolled in a Retirement Health Savings (RHS) plan administered by a third party administrator selected by the City. The City shall contribute four percent (4%) of the employee’s base salary into their retirement health savings account.

2. Management Group members employed by the City on or before January 31, 2006 who currently qualify for a retiree health benefit shall receive a retirement health benefit as described below.

Temporary employment with the City does not qualify toward this benefit. In addition, any employee who separated service from the City and is rehired or reinstated to a Management Group position after January 31, 2006 shall be deemed a new employee whose service began upon the date of rehire ATTACHMENT 1
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or reinstatement.
a. The employee must have retired within 120 days of their last day of employment with the City of Livermore, except in a case of a husband and wife who both work for the City (see “Husband and Wife Employees,”) and
b. The employee must have obtained a minimum of ten (10) years of service credit working for a CalPERS covered employer, which includes a minimum of five (5) years of full-time employment or equivalent with the City of Livermore. The total years of service working for a CalPERS covered employer will be validated by PERS and/or the employee’s former employers at the time of retirement.
c. Industrial Disability Retirement
A member employed by the City on or before January 31, 2006 who retires from the City of Livermore with an industrial disability retirement from CalPERS and who is totally disabled, will be eligible for this benefit regardless of his or her length of service. d. Husband and Wife Employees
If both husband and wife are Management Group members of the City of Livermore on or before January 31, 2006, and eligible for the retiree health benefit, both must be retired before they would be eligible for the retiree benefit. The 120 day retirement requirement will apply when the second spouse retires. When both are retired, each will be eligible for the benefit amount. If the retirees divorce, each will continue to receive a benefit.
e. Reimbursement Amount
Effective for a Management employee who retires between September 1, 2014 and June 30, 2015, the percentage used to calculate the monthly reimbursement amount will be based on the percentage schedule listed below and the Kaiser A Plan premium rate for an active employee and one dependent (two-party premium rate). The retiree health benefit will reimburse the cost of medical insurance; this does not include premium costs for dental, vision, or other similar forms of health services.

Effective for a Management employee who retires on or after July 1, 2015, the percentage used to calculate the monthly reimbursement amount will be based on the percentage schedule listed below and the maximum dollar allotment for active employees for medical insurance as set forth in Chapter 4, Article I. Kaiser Active Plan A premium rate for an employee and one dependent (twoparty premium rate). The reimbursement amount will be for the actual cost of the monthly premium for medical insurance for the retiree and one dependent. The reimbursement amount shall not exceed the maximum amount that the retiree qualifies for based on the Kaiser Active Plan A premium rate for the employee plus one dependent and his or her years of service and shall not exceed the maximum dollar allotment for active employees for medical insurance as set forth in Chapter 4 Article I. The retiree health benefit will reimburse the cost of medical insurance; this does not include premium costs for dental, vision, or other similar forms of health services.

CALPERS Years of Service City’s Contribution
10 75%
15 80%
20 90%
25+ 100%
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Livermore City CouncilJuly 14, 2025

Livermore City Council
July 14, 2025