Livermore City Council
July 28, 2025

• Housing Element - Action 1.2.1 - Continue to update and amend the General Plan as needed and appropriate to provide a range of housing types, densities, and affordability levels.

Response: The project includes a General Plan Amendment and Zoning Map Amendments that would provide for a range of housing types, densities, and affordability levels.
• Community Character-1-P.7 - Open space shall be used to protect and enhance local community character and identity, and to guide the physical shape and direction of urban growth to preserve the rural characteristics of the area.

Response: The project clusters urban development near existing streets and services and maximizes the preservation of open space; using the natural characteristics and topography to shape and frame residential development.
• Community Character-1-P.8. New development shall be designed to preserve views from existing neighborhoods to the greatest extent feasible Response: The project uses the natural contours and setbacks to minimize views from adjacent neighborhoods. Further, the project uses landscape design, native tree plantings, and earthen berms to minimize views from I-580 and the surrounding area. • Community Character-1-P.13 - The City shall utilize open space easements to preserve sensitive environmental and visual resource areas as open space in perpetuity. Parcels with open space easements recorded on them shall subsequently be redesignated to Open Space (OSP) on the General Plan Land Use Map to ensure that no future urban development is considered on the parcel.

Response: The project would designate 60 percent of the project site as Open Space (OSP) on the General Plan Land Use Map and further secure the property through an open space easement, as required in the conditions of approval.

Zoning
The current zoning designation is Planned Unit Development 105-80 and 88-81. The current zoning allows for an assortment of light and medium industrial uses such as research and development, manufacturing and processing. These uses are concentrated to those areas of the site that are designated SC and LII.

The applicant is proposing a Zoning Map Amendment to establish a Planned Development-Residential (PD-R-18-003) District. Generally, a Planned Development District is intended for development projects that require more flexible development standards that allow the project to address geologic, topographical, and environmental factors in a manner that could not be achieved in a conventional zone. Even with this ATTACHMENT 1
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flexibility, a Planned Development zone must conform to the requirements of the General Plan.

In response to the site’s topography, the Planned Development prescribes precise setback, coverage, height, and building pad maximums for each of the townhome buildings, which eliminates the possibility to expand the townhomes in the future. Further, the Planned Development zone and subdivision map concentrate residential development in the flatter and less prominent locations of the site, in compliance with the Scenic Corridor policies.

The Livermore Development Code (section 3.04.030.J.1) requires Planned Developments to provide a design feature in exchange for variation from the conventional zoning regulations. The Code considers a design feature as one that exceeds what is otherwise required by Code or by the California Environmental Quality Act and in proportion to the degree of variation. Examples include:
• Preservation of open space
• Parks, trails, and bicycle paths beyond those required under ordinance • Clustering of homes in order to provide greater open space, parks, and trails • Diversification of building sizes and types
The proposed project complies with the Planned Development design feature requirements because it would preserve approximately 23 acres of open space for public use, scenic protection, and habitat conservation through an open space easement. In addition, the project would provide off-site public trail improvements of community-wide significance. (See Development Agreement discussion below). Further, the project’s design clusters the residential homes in order to provide greater open space. Within this 12-acre envelope are a variety of two- and three-story townhome buildings with diverse architectural styles.

Vesting Tentative Tract Map 8454 (Subdivision SUB18-001) The project entitlements include a Vesting Tentative Tract Map in conformance with Part 10 of the Livermore Development Code, which regulates the division of land consistent with the Livermore General Plan to facilitate orderly development of the community.

Vesting Tentative Tract Map 8454 merges the two existing parcels, creates seven open space lots, and a 12-acre development envelope that is further subdivided into 33 buildable lots and private streets (Page C-1 of the Development Plans, Attachment 4a).

Parcels A, B, and C (approximately 23 acres or 66 percent of the site) remain open space for public use, scenic protection, and habitat conservation. Parcels E, F, and G will remain open space for storm water retention and management and other non-recreational functions. Parcels D and H are dedicated as a park with playground equipment and similar park structures, and community gardens, respectively.

The 33 lots would facilitate development of the proposed 186 townhome units consistent with the UH-3 density range. These lots range in size from 6,400 to 19,975 square feet and ATTACHMENT 1
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would accommodate multiple units in one building. The average lot size is approximately 9,440 square feet. The variability in lot size is in response to the topography as well as the diversity of housing product type. The lot layout and configuration establish building footprint sizes for the different residential product types, enable clustering consistent with the intent of the Planned Development District, and comply with the General Plan Scenic Corridor Polices.

The proposed lot pattern is logically placed along an efficient loop road. Access would be via Lassen Road, a public street. At the project boundary Lassen Road would transition to a private street network that will be improved with curb, gutter and sidewalk in conformance with the City’s Standard Engineering Details (p.ST-2B). The private streets would be maintained by a Homeowners Association. The project requires public utilities including water and sewer, which would be maintained by the City through collected user fees.

The Tract Map also identifies construction of the Arroyo Las Positas Trail, identified as T-6 in the City’s Active Transportation Plan (Attachment 6). T-6 would connect to the Lassen Road public right of way and align through the site east to west, parallel to Street A, to the northwestern property boundary (L-2 of the Development Plans, Attachment 4a). The trail would continue onto adjacent property and eventually to the Las Colinas overpass where it would provide a safe and comfortable I-580 crossing for bicycles and pedestrians (See Development Agreement discussion, below).

Traffic and Transportation Analysis
A Transportation Impact Assessment (Assessment) was prepared to evaluate the transportation impacts of the project and the capacity of the roadway network and intersections. (Appendix H of the Initial Study, Attachment 9). The project is expected to generate approximately 1,139 daily vehicle trips, including approximately 87 morning peakhour and 102 evening peak-hour trips. According to the Assessment, the project would not decrease the level of service or increase traffic delay at the surrounding intersections below acceptable levels as identified in the General Plan.

In addition, the Assessment evaluated a project alternative reflecting the existing General Plan land use designations (light industrial/business park uses) for the site assuming land intensities considered to be reasonably foreseeable. The light industrial alternative is estimated to generate approximately 2,985 daily trips, 354 AM peak hour trips, and 386 PM peak hour trips, which is substantially higher than the project trip generation estimates.

Therefore, the project is also considered less than significant compared to trip generation under the currently permitted land uses.

The existing roadway and intersection configuration between the First Street overpass and Bluebell Drive requires merging and cross lane movements. The current PM peak hour congestion on northbound Springtown between Bluebell and the I-580 interchange is primarily caused by weaving vehicles from the two off-ramps and traffic that turns right onto Bluebell Drive The project would not substantially worsen this situation because project traffic would not need to make the left-to-right weaving movement. In addition, I580 cut-through traffic is periodically a factor. The variability of the merging patterns and a ATTACHMENT 1
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sporadic influx in volumes from cut-through traffic through these intersections contributes to a perceived delay.

In the short-term City staff is evaluating and implementing operational changes to the signal timing to improve traffic flow through this intersection complex. In addition, the 2020 Resurfacing Project, CIP 2020-01 will resurface and restripe the First Street overpass adding bicycle improvements to the interchange. In the long-term, the City has plans to widen the First Street overpass and reconstruct the interchange to include both added vehicle capacity and improved bicycle and pedestrian facilities. Additionally, through the project Development Agreement, as an additional project amenity, the Developer has offered to cover 50 percent of the cost of improving the existing concrete median along Springtown Boulevard between Bluebell Drive and the First Street overpass, by removing the concrete and planting street trees to help beautify the gateway into Springtown. As previously noted, the developer will also construct Trail T6 to provide an alternative I-580 crossing for bicycles and pedestrians.

Emergency Vehicle Access
The Traffic Impact Assessment evaluates factors such as number of access points, roadway width, and proximity to fire stations to determine whether the project provides sufficient emergency access. The Fire Access Plan shows the turning geometry of a Livermore-Pleasanton Fire Department truck within the project site and confirms that adequate emergency access can be provided. (P-6 of the Development Plans, Attachment 4a).

The Planning Commission recommendation for approval included an amending recommendation to provide an Emergency Vehicle Access in addition to the normal street network access to the site. However, staff is not recommending an Emergency Vehicle Access for the project based upon further clarification and confirmation with Fire Department staff.

The Uniform Fire Code states that projects having up to 200 dwelling units may have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems installed. The project would consist of 186 attached townhomes, which would be constructed with NFPA 13R sprinkler systems. This sprinkler rating provides full property coverage. In contrast, single family detached home sprinkler systems, are designed to only provide life safety protection and offer less coverage.

Additionally, the site’s surrounding context is grasslands, which would interface with fire breaks in the form of irrigated landscape buffers, trails, and roadways. Any potential alternate, second access route to the neighborhood would likely follow the adjacent T-6 off-site trail, upgraded to appropriate emergency vehicle standards. Generally, the intent of an emergency vehicle access is to provide safe access for emergency vehicles and an evacuation route away from a hazard like fire and flooding. Using the T-6 trail as a secondary access route would require emergency vehicles and evacuees to pass through the hazard, which is counter to the intent of an Emergency Vehicle Access. The Fire Department has reviewed the proposal and determined the project complies with the City’s ATTACHMENT 1
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fire safety and access standards as currently designed and no Emergency Vehicle Access is required.

Site Plan and Design Review
Site Plan Design Review (SPDR) 18-003 covers the development’s site layout, landscape design, and building architecture. The site plan establishes efficient building orientation harmonious with the existing contours of the site and positioned to efficiently and logically relate to the street, pedestrian walkways, and adjacent buildings. The buildings would be oriented to provide appropriate spacing and positioning to promote pedestrian connectivity, convenient access, and maintain privacy, utilizing streets, alleys, and paseos.

Parking is provided in attached garages consistent with the Livermore Development Code.

The project provides a total of 372 spaces (the total minimum required). In addition, the project includes an additional 60 on-street spaces throughout the private street network (P4 of the Development Plans, Attachment 4a).

Landscape Design
Surrounding Open Space would contain the proposed residential development by using existing topography enhanced with berms, agricultural plantings, and native trees. The landscape design screens and frames views from various vantage points. In addition, the landscape design creates an inviting neighborhood with a variety of street, alley, and paseo trees and shrubs, pedestrian nodes, plazas, gardens, and seating areas conducive to recreation and respite.

The project’s proposed berms would screen the development from specific vantage points.

Specifically, a berm would be constructed on a knoll on Lot C. (P-10 of the Development Plans, Attachment 4a). The berm would be approximately 20 feet tall to about an elevation of 600 feet and be designed to blend into the natural hillside context. (P-13 of the Development Plans, Attachment 4a). Ultimately, this knoll would be integrated into the trail network and designed as an overlook with benches and shaded areas. (p L-2 of the Development Plans, Attachment 4a).

Additionally, a berm would curve through Lot A, between I-580 and the lowest-lying homes, near the First Street overpass. Generally, this berm aligns northwest to southeast and ranges in height from 5 to 20 feet. The berm would screen and soften views of the site from westbound I-580 and would be landscaped with Coastal Live Oak and Valley Oaks to blend with the visual context of the I-580 corridor.

Portions of the surrounding natural open space include orchards and vineyards consistent with the viticulture and agricultural character of Livermore. These areas would be placed under conservation easement and managed by the Homeowner’s Association (HOA). The open space area includes a portion of trail T-6, Arroyo Las Positas Trail (see Development Agreement discussion below), as well as internal loop pathways and promenades, (accessible to the general public) that provide recreational opportunities, scenic viewing, and plaza areas.

ATTACHMENT 1
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Architecture
The proposed project includes three townhome product types. Within each type is variation of style, color palette, size (ranging from triplex to seven-plex) and height (two and three story) to provide a diversity of design throughout the neighborhood. The architectural intent translates traditional residential styles into a contemporary townhome building form. The project achieves this through appropriate building massing, vertical and horizontal articulation, the use of conventional elements and materials, and neutral color palettes.

The attached Planning Commission staff report provides additional information and analysis on building architecture.

Development Agreement and Affordable Housing
The Livermore Development Code requires additional design features to justify variation from conventional zoning, which may include open space and trails, beyond those typically required by ordinance. Off-site design features are secured and implemented through a Development Agreement. The Development Agreement establishes terms, timing, and a performance schedule for offsite improvements.

The Development Agreement would require the developer to secure right of way, design, and construct segments E1 and E2 of the T-6, Arroyo Las Positas Trail, as identified in the Livermore Active Transportation Plan (Attachment 6). The Capital Improvement Program (CIP) identifies the trail project as CIP 201945. Further, the trail project has been evaluated under the Active Transportation Pan Initial Study/Mitigated Negative Declaration (Attachment 8). The total project cost is estimated at $2.2 million. The developer would pay approximately $1 million and receive a Park Facility Fee credit of $1.2 million. (The total estimated Park Facility Fee that will be paid by the proposed project is $2.8 million; the City would collect $1.6 million after the credit). Trail T-6 has been identified as a high priority project by the City, the Livermore Area Recreation and Park District (Attachment 7) and the community. Once completed, the trail segment would close a significant gap in the Livermore trail network and provide a comfortable bicycle and pedestrian crossing over I580 via Las Colinas Overpass.

The developer would also complete the Springtown Sewer Trunkline project (sewer project) in coordination with the trail improvements. The CIP identifies the Sewer Project as CIP 201414. The sewer project replaces an existing 50-year-old, approximately 2,400 linear-foot sewer trunkline between I-580 and Springtown. The Sewer project relocates the sewer away from Arroyo Las Positas and installs a new, corrosion resistant pipe. Sewer replacement funds (Fund 239) would reimburse the Developer for the sewer project.

In addition, the developer would design and construct Springtown Boulevard Median Improvements, which include renovating an existing concrete median by installing street trees and landscaping. Under the terms of the Agreement, the Developer would pay approximately $60,000 or half of the project cost. The City would contribute the other half (approximately $60,000). The median improvements would be consistent with General Plan Climate Action goals to increase the urban forestry canopy to offset greenhouse gas emissions. Additionally, the project would integrate green infrastructure to treat storm water consistent with the Green Infrastructure Plan. Finally, the improved median would ATTACHMENT 1
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enhance this entryway into the Springtown, consistent with the Design Standards and Guidelines.

Lastly, the Development Agreement memorializes that the developer would enter into an Affordable Housing Agreement with the City consistent with the provisions of the Livermore Development Code section 10.06.050. The project is required to provide 15 percent or 28 affordable housing units. At least 7.5 percent shall be affordable to qualifying low income households and the remaining 7.5 percent are reserved for moderate income households.

The project would construct 14 units, distributed throughout the site, and pay an affordable housing in-lieu fee for the remaining 14 units. On May 13, 2019, the City Council authorized payment of in-lieu fees equivalent to the remaining 14 affordable housing units.

The Affordable Housing Agreement will be subject to future City Council review and approval.

Planning Commission
On June 16, 2020, the Planning Commission recommended the City Council approve the Lassen Road Townhome project (see the draft meeting minutes, Attachment 3). The Planning Commission approved two amending motions:

1. Addition of a bicycle facility on Lassen Road to improve bicycle connection from Springtown Boulevard to the Arroyo Las Positas Trail. As part of the project, the applicant will resurface and restripe Lassen Road and has agreed to include a bicycle facility, subject to the Community Development Director’s approval. This improvement has been added to the project as a condition of approval.

2. Include a Secondary Emergency Vehicle Access. The Planning Commission recommended the project include a secondary emergency vehicle access, evaluating the use of the off-site trail improvements for this purpose. Based on the information included in the Emergency Vehicle Access section of this staff report, staff is not recommending an Emergency Vehicle Access because the project complies with the Fire Code requirements for access and sprinkler coverage.

Environmental Review
An Initial Study and Mitigated Negative Declaration were prepared for the project in accordance with the California Environmental Quality Act (CEQA) (Attachment 9).

Staff circulated the Initial Study in conformance with CEQA public review requirements and received comments from public agencies and members of the public. Responses to comments have been addressed and incorporated into the Final CEQA document. In response to the comments, staff (and the City’s consultants) modified biological mitigation measures to comply with Department of Fish & Wildlife requirements.

The Initial Study/Mitigated Negative Declaration identifies mitigation for:
• Air Quality: Ensuring construction equipment complies with applicable air quality standards and installation of devices to confirm appropriate indoor air quality ATTACHMENT 1
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• Biological: Requiring pre-construction monitoring and adaption protocols for special status species.
• Cultural Resources: Establishing buffers around potential pre-historic sites to avoid disturbance to these areas and monitoring protocols for cultural resources during construction.
• Geological: Ensuring compliance with applicable building codes; monitoring for and avoiding any paleontological artifacts during grading activities. • Hydrological: Requiring compliance with City and regional stormwater requirements for construction and operational activities.
• Land Use: Ensuring proposed buildings meet City standards for noise attenuation. • Noise: Requiring construction equipment complies with applicable noise standards. • Transportation: Requiring on-site traffic control devices are installed in conformance with City standards.

In addition, the City has conducted previous environmental analysis for City projects constructed by the Developer pursuant to the terms of the Development Agreement in compliance with CEQA. The Active Transportation Pan Initial Study/Mitigated Negative Declaration evaluated the off-site trail project and no additional analysis is required. (Attachment 8). Similarly, the Springtown Median Improvements would be considered Categorically Exempt from CEQA, under section 15301, which exempts the minor alterations of exiting public facilities, including existing highways and streets that do not create additional automobile lanes such as the installation of street trees.

The Planning Commission and staff recommend the City Council adopt the Mitigated Negative Declaration and adopt the Mitigation Monitoring and Reporting Program (MMRP) finding that with mitigation incorporated, the project would not have a significant effect on the environment.

PUBLIC COMMENTS
The applicant conducted neighborhood outreach over the course of the application review period. During that outreach, the applicant received neighborhood comments requesting adequate site planning to maintain appropriate distance and views from adjacent neighboring development and property-line fencing to ensure safety of an adjacent childcare facility. The project addresses those comments though design and conditions of approval.

After distribution of Planning Commission Public Hearing Notices, staff received nine comments from members of the community (Attachment 10). Five of the comments expressed concerns primarily on traffic and conversion of open space. As discussed in the ATTACHMENT 1
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Initial Study (Attachment 9), the trips generated by the project do not increase delay or decrease capacity beyond the level of service identified in the General Plan. Further, although the site is undeveloped, the General Plan designates the site for industrial uses and limited agricultural uses. The proposed project includes changing a large portion of the site to Open Space, (approximately 23 acres) and encumbering the Open Space area with a conservation easement. Under the new designation and easement, the site would be accessible to the public for passive non-motorized recreation.

Four comment letters were sent to the Planning Commission in support of the development project, citing that additional housing, specifically the townhome product type, is needed within the community. Additionally, these letters supported the trail and open space improvements associated with the project.

Public Comments were also received at the June 16, Planning Commission meeting regarding traffic and access (see Planning Commission discussion above as well as the meeting minutes, Attachment 3).

FISCAL AND ADMINISTRATIVE IMPACTS
The project would generate new property and sales tax. The project would also generate impact fees to fund capital improvements and public facilities.

Emergency Services for the project site would be provided by the General Fund, whereas utilities services (water and wastewater) would be paid through user fees to the appropriate enterprise funds. The project’s roadway, landscape, and open spaces would be accessible to the public, but privately maintained through a Homeowner’s Association.

ATTACHMENTS

1. Location Map

2. Planning Commission Staff Report, dated June 16, 2020

3. Planning Commission Draft Meeting Minutes

4. Development Plans
a. Site Development Plans
b. Architectural Plans
c. Scenic View Angle Analysis

5. Scenic Corridor View Angle Exhibit (Figure 4-7)

6. Active Transportation Plan – T-6 Trails Map

7. LARPD Letter of Support for Trail T-6

8. Memo of Consistency with Active Transportation Plan Mitigated Negative Declaration

9. Environmental Documents

10. Public Comments

11. Responses to Late Comments

12. Correspondence Received from the Public
ATTACHMENT 1
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Prepared by:

Andy Ross
Associate Planner
Approved by: Fiscal Review by:

Marc Roberts Douglas Alessio
City Manager Administrative Services Director
ATTACHMENT 1
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PLANNING COMMISSION STAFF REPORT ITEM NO. 5.2
DATE: June 17, 2025
TO: Chairperson and Members of the Planning Commission
FROM: Steve Riley, Planning Manager
SUBJECT: Hearing to consider a request for the second amendment to Development Agreement 18-001 to revise the terms and timing of the off-site improvements including a public trail and public sewer line. The Development Agreement vests a previously approved project for 186 two- and three-story townhomes on a vacant 35-acre site located at the terminus of Lassen Road northwest of the First Street/I-580 Interchange and north of I-580.

RECOMMENDED ACTION
Staff recommends the Planning Commission adopt resolutions:

1. Recommending the City Council find that the environmental impacts of the Second Amendment to the Development Agreement for the Lassen Road Townhome Project are within the scope of the 2020 Initial Study and Mitigated Negative Declaration, the Active Transportation Initial Study and Mitigated Negative Declaration, and the Springtown Trunkline Sewer Initial Study and Mitigated Negative Declaration;

2. Recommending the City Council direct the Planning Manager to file a Notice of Determination, in accordance with the provisions of the California Environmental Quality Act (CEQA), subject to project approval; and

3. Recommending the City Council adopt an ordinance amending Development Agreement (DA) 18- 001.

SUMMARY
The applicant and City are parties to a Development Agreement to secure terms, obligations, and timing of off-site improvements associated with the Lassen Road townhome project. In November 2020, the City Council approved Development Agreement 18-001, vesting a 186-unit townhome project in exchange for offsite trail, sewer, and Springtown Boulevard median improvements (collectively “off-site improvements”). The location of the townhome project and the nearby off-site improvements are in the Springtown area and shown in Attachment 2.

The Development Agreement requires the Developer to acquire easements for right-of-way, design, permit, and construct the off-site improvements in conformance with the performance schedule, which ATTACHMENT 2
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links milestones associated with the offsite improvements to the recording of the final map and issuance of building permits for the future townhomes.

Although the Developer has made progress on design and regulatory permitting, they have not successfully secured the easements for right-of-way from the adjacent property owner and therefore have been unable to proceed with the townhome project. More recently, City staff have tentatively brokered terms for right-of-way acquisition to facilitate the off-site improvements.

Due the time lapsed, and the increasing administrative costs associated with the delivery of off-site improvements, the parties are proposing to amend the Development Agreement. Development Agreement Amendment (DAA) 25-001 would change the performance schedule and relieve the applicant of the responsibility of acquisition and construction. Instead, the Developer would be responsible for funding the construction of off-site improvements by the City as part of the Capital Improvement Program.

DISCUSSION

BACKGROUND
On November 23, 2020, the City Council approved the General Plan and Zoning Amendments and all associated entitlements for the 186-unit Lassen Road townhome project (Attachment 1 - City Council Report). The approximately 35-acre townhome project site is in the northwest quadrant of the I-580 and First Street interchange, west of Springtown Boulevard and accessed via Lassen Road, which currently terminates at the project site’s eastern boundary (Attachment 2 - Location Map). The approvals included Development Agreement 18-001 (Development Agreement), which secures terms and timing of off-site improvements and community amenities:

Trail T-6 Arroyo Las Positas trail improvements
Springtown Sewer trunkline replacement
Springtown Boulevard median improvements
Development Agreement 18-001
The townhome project approvals included the adoption of a Planned Development Residential District to address topographical and environmental factors associated with the project site. The Livermore Development Code requires additional design features to justify variation from conventional zoning, which may include open space and trails, beyond those typically required by ordinance. Off-site design features approved as part of the Planned Development are secured and implemented through the Development Agreement.

The Development Agreement requires the Developer to secure property for right-of-way, design, obtain regulatory permits, and construct Segments E1 and E2 of the T-6, Arroyo Las Positas Trail (trail project), as identified in the Livermore Active Transportation Plan. Trail T-6 has been identified as a high priority project by the City, the Livermore Area Recreation and Park District, and the community. Once completed, the trail segment would close a significant gap in the Livermore trail network and provide a comfortable bicycle and pedestrian crossing over I-580 via Las Colinas Overpass. The Capital Improvement Program (CIP) identifies the sewer project as Project #201945.

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In addition, pursuant to the Development Agreement, the developer would complete the Springtown Sewer Trunkline project (sewer project). The CIP identifies the sewer project as Project #201414. The sewer project replaces an existing 60-year-old, approximately 2,400 linear-foot sewer trunkline between I-580 and Springtown. Life expectancy for this type of pipe is 50 years primarily due to corrosion. The sewer project relocates the sewer away from Arroyo Las Positas, which has potential to expose, impact, and/or damage the trunkline, and installs a new, corrosion resistant type of pipe. Sewer replacement funds (Fund 239) will reimburse the Developer for the sewer project.

Finally, under the Development Agreement, the Developer would design and construct Springtown Boulevard Median Improvements, which include renovating an existing concrete median by installing street trees and landscaping to enhance this entryway into Springtown.

The terms of the Development Agreement tied off-site improvement milestones to post entitlement development actions (final map approval and building permit issuance for the townhomes) detailed in the performance schedule.

Development Agreement Amendment 21-002
In 2021, the City authorized the First Amendment to the Development Agreement (DAA 21-002). The First Amendment allowed the parties to adjust the performance schedule in response to uncertainty around obtaining environmental regulatory agency permits. The Developer has successfully completed much of the necessary work for the off-site improvements in accordance with the terms of the Development Agreement including site analysis, design work, and securing regulatory permits. In addition, the applicant has submitted for final map and preliminary post entitlement permits. However, the final map approval process is on hold until the Developer acquires right-of-way in accordance with the Development Agreement performance schedule.

According to the Developer, they are unable to negotiate the necessary right of way with the adjacent property owner. Recently, staff have reached a tentative agreement to acquire both a sewer easement and trail easement from the adjacent property owner to facilitate the construction of the off-site improvements. Due to the length of time that has lapsed since the initial entitlements, the Developer is requesting a Second Amendment to adjust the terms of the Development Agreement performance schedule.

PROJECT DESCRIPTION
The proposed Second Amendment to the Development Agreement (DAA 25-001) (Amendment) would not change the project entitlements and would not impact the design of the approved 186-unit townhome project or the Developer’s obligation to provide off-site Trail, Sewer, and Median improvements, but would modify the performance schedule by adjusting the roles and responsibilities of the parties. The Amendment would remove the Developer’s rights-of-way acquisition obligations for the trail and sewer projects, adjust the construction requirements, and modify the timing of development milestones (final map approvals and building permit issuance).

PROJECT SITE CONTEXT
The offsite trail and sewer improvements secured through the Development Agreement are located on an adjacent vacant property to the west north of Las Colinas Road and south of the terminus of ATTACHMENT 2
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Redwood Road. The median improvements required as part of the Development Agreement are located east of the project site within the Springtown Boulevard Right of Way (Attachment 2).

STAFF ANALYSIS
Development Agreement Amendment 25-001
The Amendment modifies the way off-site improvements are delivered to the community and do not change the project entitlements, or the type of off-site improvements required in the Development Agreement.

As stated previously, the Development Agreement currently includes a clause requiring the applicant to acquire necessary right-of-way and to construct the trail and the sewer project. The Development Agreement anticipated that land acquisition may be challenging and includes a provision that allows the applicant to request the City acquire the easement for the sewer and trail projects through eminent domain in the event that the applicant is unable to do so. Rather than enforcing the eminent domain clause, staff have negotiated preliminary terms to acquire the necessary right-of-way needed to facilitate the sewer and trail projects directly from the adjacent property owner.

In addition, after further evaluation, staff determined it is more cost effective for the City to reconstruct the sewer project rather than fully reimbursing the Developer through the City’s Water Funds due to the overhead associated with duplicative construction management and administrative costs. Similarly, because of the delay and high priority associated with the T-6 trail completion, staff have determined it would be more efficient for the City to construct the trail project.

Therefore, the Amendments would relieve the Developer of the acquisition obligations, and the Developer would design and pay the full cost of the trail construction within 30-days of final map recordation, rather than construct the trail. The Developer funding contribution is based on industry standard construction estimates and includes labor and materials in addition to soft costs such as administration, construction management, and a contingency. The Developer is still responsible for all design work and preparation of improvement plans, as well as regulatory permitting for sewer and trail, as shown in Exhibit A to the project resolution.

As a result, staff recommends amending the Development Agreement to reflect the change in process and relieve the Developer of the responsibility of acquisition and construction, as shown below:

Terms and Obligations Development Agreement 18-001 Second Amendment Obtain Right of Way for
Improvements
Developer to acquire prior to
recordation of Final Map Obligation removed
Sewer Improvements
Developer to design and
construction prior to issuance of
building permits
Developer to submit designs and
obtain permits prior to final map
approval
Trail Improvements Developer to design, permit, and
construct
Developer to submit designs,
obtain permits, and fund prior to
approval
Under the Amendments, the terms and timing for the Springtown Boulevard Median Improvements would remain the same.

ATTACHMENT 2
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ENVIRONMENTAL DETERMINATION
An Initial Study and Mitigated Negative Declaration was prepared and adopted in 2020 for the original project (including the Development Agreement) in accordance with the California Environmental Quality Act (CEQA). In 2023, an Initial Study and Mitigated Negative Declaration was prepared and adopted for the Sewer project in accordance with CEQA. Additionally, in 2018, the Trail Improvements were evaluated as part of the Active Transportation Plan Initial Study and Mitigated Negative Declaration. Staff recommends the Planning Commission recommend the City Council adopt a Notice of Determination finding that the Development Agreement Amendments are not substantive and in conformance with the previously adopted Mitigated Negative Declarations.

ATTACHMENTS

1. City Council Report - November 23, 2020

2. Location Map

3. Resolution - Environmental

4. Resolution - Project

5. Draft - Development Agreement Amendment
Prepared by: Emily LaDue
Assistant Planner
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JUNE 17, 2025 Draft Minutes PLANNING COMMISSION

DRAFT MINUTES

PLANNING COMMISSION
JUNE 17, 2025
________________________________________________________________

REGULAR MEETING

1. CALL TO ORDER – The regular meeting of the Planning Commission was called to order by Chairperson Yolanda Fintschenko at 7:00 pm, held in person at 1016 S. Livermore Avenue.

ROLL CALL – Present: Chairperson Yolanda Fintschenko, Vice Chairperson Tracy Kronzak, and Commissioner Jacob Anderson, Commissioner Nadine Horner, Commissioner Charity Steele.

PLEDGE OF ALLEGIANCE
Chairperson Fintschenko led the Pledge of Allegiance.

2. OPEN FORUM
Chairperson Fintschenko opened the public comment period.

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

3. CONSENT CALENDAR

ON THE MOTION OF COMMISSIONER ANDERSON, SECONDED BY VICE CHAIR KRONZAK AND CARRIED ON A 5-0 VOTE, THE PLANNING
COMMISSION APPROVED THE CONSENT CALENDAR:

3.1 Approval of the June 3, 2025, Planning Commission Draft Meeting Minutes.

4. PROJECT REVIEW – NONE

5. PUBLIC HEARINGS

5.1 Hearing to consider a request to approve a Planned Development (PD) 25- 001, Subdivision (SUB) 20-004, and Site Plan Design Review (SPDR) 21- 001 to allow a two-story, attached, 13-unit multi-family, townhome-style development. The project will consist of all rental units that would be grouped on one lot. The units will consist of either three or four bedrooms and range in size from 1,400 to 1,900 square feet per unit. Each unit will have an attached two-car garage. The project will reconstruct the curb, gutter, and sidewalk along the project frontages (East Avenue and Dolores ATTACHMENT 3
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PLANNING COMMISSION Minutes JUNE 17, 2025
Street), underground all utilities, and construct a new shared driveway to access the site from Dolores Street.

Recommendation:

Staff recommends the Planning Commission adopt resolutions recommending the City Council:

1. Find the project is Categorically Exempt under the provisions of the California Environmental Quality Act (CEQA) per Section 15332, In-Fill Projects, and Direct the Planning Manager to file a Notice of Exemption in accordance with the provisions of CEQA, subject to project approval; and

2. Approve Subdivision (SUB) 20-004 and Site Plan Design Review (SPDR) 21-001; and

3. Adopt an Ordinance authorizing Planned Development (PD) 25-001.

Associate Planner Purewal presented the staff report.

Terry Townsend, architect on behalf of the property owner, provided an overview of the proposed project.

In response to Commissioner Anderson, Mr. Purewal indicated the LAFTA bus stop would not be modified. Mr. Townsend explained the reason for east facing solar panels.

In response to Vice Chair Kronzak, Mr. Townsend confirmed that the units would be rentals. Mr. Purewal explained the original proposal for single family homes.

In response Commissioner Anderson, Senior Civil Engineer Salgado indicated staff felt the existing right of way could accommodate the ATP requirements and discussed options of eliminating parking or a lane. Commissioner Anderson expressed concern about the ability to meet the ATP goals.

Chairperson Fintschenko confirmed that, since the East Avenue Corridor Study was not complete, standards on the intersection could not be enforced.

Commissioner Horner suggested the motion include wording to ensure the bike lanes would be considered.

Vice Chair Kronzak confirmed that conditions could not be applied to the project because the East Avenue Study was not yet complete and also confirmed the cumulative impact on parking.

Chairperson Fintschenko indicated opposition to the friendly amendment due to the Study not being completed.

Commissioner Horner commented on the successfully proposed infill development.

ON THE MOTION OF COMMISSIONER HORNER, SECONDED BY VICE CHAIR ATTACHMENT 3
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JUNE 17, 2025 Draft Minutes PLANNING COMMISSION
KRONZAK AND CARRIED ON A 4-1 VOTE, WITH COMMISSIONER

ANDERSON VOTING NO, THE PLANNING COMMISSION ADOPTED THE FOLLOWING RESOLUTIONS:

Resolution 22-25 Recommending the City Council find that the project is exempt under CEQA guidelines section 15332 (In-Fill Project) and direct the planning manager to file a notice of exemption for the project
Resolution 23-25 Recommending that the City Council adopt an ordinance approving Planned Development (PD) 25-001
Resolution 24-25 Recommending the City Council approve Site Plan Design Review (SPDR) 21-001 and Subdivision (SUB) 20-004 (Tentative Parcel Map 11527)

5.2 Hearing to consider a request for the second amendment to Development Agreement 18-001 to revise the terms and timing of the off-site improvements including a public trail and public sewer line. The Development Agreement vests a previously approved project for 186 twoand three-story townhomes on a vacant 35-acre site located at the terminus of Lassen Road northwest of the First Street/I-580 Interchange and north of I-580.

Recommendation:

Staff recommends the Planning Commission adopt resolutions:

1. Recommending the City Council find that the environmental impacts of the Second Amendment to the Development Agreement for the Lassen Road Townhome Project are within the scope of the 2020 Initial Study and Mitigated Negative Declaration, the Active Transportation Initial Study and Mitigated Negative Declaration, and the Springtown Trunkline Sewer Initial Study and Mitigated Negative Declaration;

2. Recommending the City Council direct the Planning Manager to file a Notice of Determination, in accordance with the provisions of the California Environmental Quality Act (CEQA), subject to project approval; and

3. Recommending the City Council adopt an ordinance amending Development
Assistant Planner Emily LaDue presented the staff report.

Commissioner Anderson requested staff ensure quality bike lane connections to the trail.

ON THE MOTION OF VICE CHAIR KRONZAK, SECONDED BY
COMMISSIONER ANDERSON AND CARRIED ON A 5-0 VOTE, THE PLANNING COMMISSION ADOPTED THE FOLLOWING RESOLUTIONS:

Resolution 25-25 Recommending the City Council find that the Environmental Impacts of the Second Amendment to the Development Agreement for the Lassen ATTACHMENT 3
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PLANNING COMMISSION Minutes JUNE 17, 2025
Road Townhome Project are within the scope of the 2020 Initial Study and Mitigated Negative Declaration, the Active Transportation Initial Study and Mitigated Negative Declaration, and the Springtown Trunkline Sewer Initial Study and Mitigated Negative Declaration
Resolution 26-25 Recommending approval of Development Agreement Amendment (DAA) 25-001

6. MATTERS FOR CONSIDERATION – NONE

7. MATTERS INITIATED BY PLANNING COMMISSION STAFF
Commissioner Anderson requested the website and social media outlets be updated regarding Downtown development and suggested a webpage for the Isabel Neighborhood Specific Plan.

Vice Chair Kronzak concurred with the addition of information on the Isabel Neighborhood.

8. ADJOURNMENT – at 8:00 pm to a Regular Planning Commission Meeting on Tuesday, July 1, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

ATTACHMENT 3
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Project Site and Offsite Location Map (Conceptual)
This map is based on City of Livermore GIS Information and reflects the most current information at the time of this printing. The map is intended for reference purposes only and the City and its staff is not responsible for errors or omissions. 8,000 Livermore IT, GIS Services
1,333.3
1: NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 0 1,333.3 Feet Notes 666.67
Sprtngtown Blvd Median
Improvements
Trail and Sewer
improvements
Townhome Project Site
ATTACHMENT 4
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1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION FINDING THAT THE ENVIRONMENTAL IMPACTS OF THE SECOND

AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE LASSEN ROAD TOWNHOME PROJECT ARE WITHIN THE SCOPE OF THE 2020 INITIAL STUDY AND

MITIGATED NEGATIVE DECLARATION, THE ACTIVE TRANSPORTATION INITIAL

STUDY AND MITIGATED NEGATIVE DECLARATION, AND THE SPRINGTOWN

TRUNKLINE SEWER INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION On June 11, 2018, the City Council adopted an Initial Study and Mitigated Negative Declaration for the proposed Active Transportation Plan (“ATP IS/MND”), including the Trail T-6 Arroyo Las Positas trail improvements, pursuant to the California Environmental Quality Act (“CEQA”).

On November 23, 2020, the City Council adopted an Initial Study and Mitigated Negative Declaration for the proposed Lassen Road Townhome Project (“Lassen IS/MND”) pursuant to CEQA.

On December 7, 2020, the City Council adopted an ordinance authorizing Development Agreement 18-001, for development of 186 residential dwelling units and related site improvements on an approximately 35-acre site consistent with the amended General Plan and Zoning Map.

On November 9, 2023, the City filed a notice of completion for an Initial Study and Mitigated Negative Declaration for the proposed Springtown Trunkline Sewer Replacement Project (“Sewer IS/MND”) pursuant to CEQA.

On March 18, 2025, the City received an application from LD-FUND III (“Applicant”) for Development Agreement Amendment (DAA) 25-001 for the second amendment to Development Agreement 18-001 to revise the terms and timing of the off-site improvements. (“Amendment” or “Project”).

On June 17, 2025, the Planning Commission held a duly noticed public hearing to consider the Project, staff recommendations, all public comments and testimony, and findings, and adopted Planning Commission Resolution No. 25-25, attached hereto as Exhibit A, recommending the City Council find that the environmental impacts of the Second Amendment to the Development Agreement for the Lassen Road Townhome Project are within the scope of the 2020 Initial Study and Mitigated Negative Declaration, the Active Transportation Initial Study and Mitigated Negative Declaration, and The Springtown Trunkline Sewer Initial Study and Mitigated Negative Declaration.

On July 28, 2025, the City Council held a duly noticed public hearing to consider the Project, Planning Commission and staff recommendations, and all public comments and testimony, and findings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that prior to taking action on the Amendment, and at a properly noticed public meeting, the City Council reviewed written and oral staff reports, conducted a public hearing on the Amendment, took testimony, and received into the record all pertinent documents related to the Amendment (collectively, the “Record Evidence”). The City Council’s determination is 1095
2 RESOLUTION NO. ________
based on the Record Evidence, which is incorporated into this Resolution by reference.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore has considered the findings made in Planning Commission Resolution No. 25-25, attached hereto as Exhibit A, and hereby adopts the same findings by this reference and incorporates them as their own findings as part of this resolution. Based upon its own independent review of the Record Evidence and considerations, the City Council finds that no subsequent or supplemental Environmental Impact Report is required given that substantial project and circumstantial changes have not occurred and no new information of substantial importance as set forth in CEQA Guidelines Sections 15162 and 15164 exists.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore directs the Planning Manager to file a Notice of Determination with the Alameda County Clerk if the Amendment is approved.

The documents that constitute the record of proceedings upon which this decision is based can be found in the Community Development Department, 1052 S. Livermore Avenue, in Livermore, California.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 28, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
__________________________ /s/ Katherine Mirassou__________ Deborah L. Elam Katherine Mirassou
City Clerk Assistant City Attorney
Exhibit A – Planning Commission Resolution No. 25-25
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1 ORDINANCE NO. _______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT AMENDMENT (DAA) 25-001
CA Government Code Section 65864 et seq. (implemented by Livermore Development Code Chapter 9.04) allows local jurisdictions and private parties to enter into Development Agreements in order to vest certain development rights and to meet local public purpose.

On November 23, 2020, the City Council approved entitlements for a 186-unit townhome project known as Lassen Road Townhome Project, including Development Agreement 18-001 (“Agreement”).

On March 18, 2025, the City received an application from LD-FUND III (“Applicant”) for Development Agreement Amendment (DAA) 25-001 for the second amendment to the Agreement to revise the terms and timing of the off-site improvements (“Amendment” or “Project”).

On June 17, 2025, at a duly noticed public hearing, the Planning Commission considered the Amendment, heard public testimony, made the necessary findings, and adopted Planning Commission Resolution No. 26-25, attached hereto as Exhibit A, recommending the City Council approve the Amendment.

On July 28, 2025, the City Council held a duly noticed public hearing to consider the Amendment, Planning Commission and staff recommendations, all public comments and testimony, and findings.

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

Section 1. Authority. Pursuant to Government Code Section 65864 et seq., the City Council considers that certain document under City Application No. Development Agreement Amendment 25-001 and entitled “Second Amendment to Development Agreement (DA18-001) Lassen Road Townhomes” (“Amendment”). The Amendment is attached hereto as Exhibit B.

Section 2. Recommendation. The Planning Commission held a duly noticed public hearing on June 17, 2025, to consider adoption of an ordinance approving the Amendment and by its Resolution No. 26-25, attached hereto as Exhibit A, recommended that the City Council adopt the ordinance and approve the Amendment.

Section 3. Public Hearing. Prior to taking action on the Amendment, and at a properly noticed public hearing, the City Council of the City of Livermore reviewed written and oral staff reports, conducted a public hearing on the Amendment and took testimony; and received into the record all pertinent documents related to the Amendment 1101
2 ORDINANCE NO. _______
(collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this Ordinance by reference.

Section 4. Environmental Review. The City Council has adopted Resolution No.[_________] determining the proposed Amendment is not required to undergo an additional environmental review since none of the requirements under the provisions of the California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15164 have occurred (substantial changes, major revisions of the previous EIR, or new information). The impacts of the Lassen Road Townhome Project, The T-6 Trail, and the Springtown Trunkline Sewer Project were evaluated by the previously approved 2020 Initial Study and Mitigated Negative Declaration, the Active Transportation Initial Study and Mitigated Negative Declaration, and the Springtown Trunkline Sewer Initial Study and Mitigated Negative Declaration (State Clearinghouse #2019099018, #2018041060, and #2023100105 respectively) (“Environmental Documents”), consistent with the California Environmental Quality Act.

Section 5. Consistency. Development Agreement 25-001 is consistent with the General Plan and the Livermore Development Code Chapter 9.04.

Section 6. Findings and Approval. The City Council has considered the findings made in Planning Commission Resolution No. 26-25, attached hereto as Exhibit A, and hereby adopts the same findings by this reference and incorporates them herein, and based upon the City Council’s own independent review of the Record Evidence and considerations, it adopts this Ordinance approving the Development Agreement Amendment.

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

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

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

Section 10. Recording. The City Clerk is directed to record the Amendment within 10 days after the effective date of the Amendment.

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

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on July 28, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
City Clerk Assistant City Attorney
Exhibit A – Planning Commission Resolution 26-25
Exhibit B – Amendment
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CITY COUNCIL STAFF REPORT ITEM NO. 7.1
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution ratifying, reaffirming, and readopting the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc., excluding the construction of and improvements to Veterans Park.

RECOMMENDED ACTION
Staff recommends the City Council:

1. Adopt a resolution ratifying, reaffirming, and readopting the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc., excluding the construction of and improvements to Veterans Park, and acknowledging that the agreement remains in effect as of the date it was signed; and

2. Direct the Planning Manager to file a Notice of Exemption, in accordance with the provisions of the California Environmental Quality Act, subject to approval of the resolution.

SUMMARY
The recommended action will ratify, reaffirm, and readopt the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc., excluding provisions related to the construction of, and improvements to, Veterans Park. The recommended action further acknowledges that the agreement remains in effect as of the date it was signed, May 24, 2022.

The recommended action was previously approved by the City Council on June 24, 2024 (Resolution No. 2024-019). However, the resolution was challenged as being premature on the grounds that one year period in Elections Code Section 9241 had not expired since Resolution No. 2022-085 was repealed.

The City and Eden Housing, Inc. disagree that the resolution was premature and disagree that Elections Code Section 9241 applies to the resolution, and they are awaiting a decision by the Appellate Court.

Regardless, more than one-year has expired since June 24, 2024, thereby allowing the City Council to retake the action in Resolution No. 2024-109 even if the California Elections Code applies.

The recommended action will allow Eden Housing, Inc. to proceed in obtaining final construction financing to implement the workforce affordable housing project pursuant to the terms of the agreement, 1135
while excluding any work related to Veterans Park. A comprehensive history of Veterans Park can be found in the June 24, 2024, City Council report. Veteran's Park was approved by the City Council in 2018 has been in the City's Capital Improvement Plan since 2021 to be constructed with park fees. Veterans Park remains a key component of the approved Downtown Plan that will be constructed by the City in the future separately from the workforce housing project. The final design of Veterans Park has not yet been approved.

DISCUSSION

BACKGROUND
On January 29, 2018, the City Council approved the 2018 Downtown Plan for the development of portions of the Livermore Village Site to include:

Stockmen’s Park
Up to 130 units of workforce housing
A science center
A black box theater
Retail space
A linear public park (that would come to be known as Veterans Park) On November 26, 2018, the City Council approved the Disposition, Development and Loan Agreement to sell a portion of the Livermore Village Site to Eden Housing, Inc. to develop a multi-family affordable rental housing project with up to 130 units of workforce housing on an approximately 2-acre parcel located southeast of the Railroad Avenue and L Street intersection (Location Map - Attachment 1).

On May 24, 2021, the City Council approved an Amended Disposition, Development and Loan Agreement with Eden Housing, Inc. to clarify certain terms and conditions, including the property being transferred. The amendment also reflected that the Veterans Park parcel would remain under the City’s ownership and that Eden Housing, Inc. would coordinate with the City to allow for the development of a City-owned, publicly accessible community park space that would be open and available to the general public and named “Veterans Park.” Veterans Park was in addition to Stockmen’s Park that occupies a different portion of the Livermore Village Site. The amended agreement also provided an option for the City to negotiate a future construction and reimbursement agreement with Eden Housing, Inc. to coordinate the construction of Veterans Park.

On May 23, 2022, the City Council approved Resolution No. 2022-085, authorizing the execution of an Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc. to make targeted changes following the delay caused by a failed lawsuit challenging the entitlements for Eden Housing's affordable housing project. The adoption of Resolution No. 2022-085 also approved language for the construction of and improvements to Veterans Park by Eden Housing, Inc.

On July 9, 2022, Move Eden Housing presented a petition against Resolution 2022-085 to the City Clerk for processing as a referendum, leading to litigation which proceeded through both the Trial Court and the Appellate Court over the next two years. For a detailed administrative record, timeline of the referendum petition process, and comprehensive analysis of the court proceedings and their outcomes, please refer to the June 24, 2024, City Council Staff Report (Attachment 2).

On March 6, 2024, the Appellate Court found that the primary substantive decisions relating to the 1136
housing aspects of the Amended and Restated Disposition, Development and Loan Agreement were not subject to referendum because they were made years before Resolution No. 2022-085 was adopted; however, the portions approving the construction of and improvements to Veterans Park were subject to referendum as that was determined to be a legislative act. The Alameda County Registrar of Voters processed the referendum and issued a notice of sufficiency after examining the signatures, which presented the City Council with the decision to either repeal the resolution or call for an election.

On June 24, 2024, the City Council adopted resolutions to accept the Alameda County Registrar of Voters’ certification of the referendum petition against Resolution No. 2022-085 and to repeal Resolution No. 2022-085 (Resolution No. 2024-107 and 2024-108, respectively). At the same meeting, the City Council adopted a companion resolution (Resolution No. 2024-109) to ratify, reaffirm, and readopt the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc, excluding the construction of, and improvements to, Veterans Park, and acknowledging that the agreement remains in effect as of the date it was signed. Move Eden Housing (MEH) challenged the adoption of Resolution No. 2024-109, and the Trial Court held the resolution was premature since it was substantially similar to the prior resolution No. 2022-085. The City and Eden Housing have appealed the Trial Court's decision and are awaiting a decision by the Appellate Court, which is scheduled for oral argument on August 21, 2025.

STAFF ANALYSIS
California Elections Code Section 9241 provides a city is prohibited from adopting the same legislative act that was repealed in response to a qualified referendum for a period of one year from the date of its repeal. If applicable, that one-year period has expired as of June 24, 2025, thereby allowing the City Council to retake the action in Resolution No. 2024-109 to ratify, reaffirm, and readopt the Amended and Restated Disposition Development and Loan Agreement, except for the language for the construction of and improvements to Veterans Park. The Appellate Court will determine whether the Trial Court correctly suspended Resolution 2024-109, which only approved terms and conditions for the housing project and excluded the sole legislative act that was Veterans Park. Should the City Council choose to ratify, reaffirm, and readopt the Amended and Restated Disposition, Development and Loan Agreement, then Eden Housing, Inc. may proceed to obtain final construction financing to implement the workforce affordable housing project pursuant to the terms of the agreement, while excluding any work related to Veterans Park.

The contents of the Amended and Restated Disposition, Development and Loan Agreement remain unchanged from when it was executed on May 24, 2022, with the exception that all provisions related to Veterans Park remain excluded from the recommended action in accordance with the Appellate Court’s decision issued on March 6, 2024.

Ratification, reaffirmation, and readoption of the Amended and Restated Disposition, Development and Loan Agreement at this time will allow the City and Eden Housing, Inc. to move forward with implementation of the Eden Housing project pursuant to the terms of the agreement, while excluding any work related to Veterans Park. Veterans Park is in the recently adopted Capital Improvement Plan and remains a key component of the approved Downtown Plan and will be constructed in the future separately from the workforce housing project. The final design of Veterans Park has not yet been approved.
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ENVIRONMENTAL DETERMINATION
The ratification, reaffirmation and readoption of the non-legislative elements of the Amended and Restated Disposition, Development and Loan Agreement is within the scope of the Downtown Specific Plan EIR, dated February 9, 2004 (SCH No.: 2003032038), the Specific Plan Subsequent EIR, dated March 30, 2009 (SCH No.: 2008092085), and the Specific Plan Subsequent EIR Addenda adopted by City Council on September 10, 2018 by Resolution 2018-153, May 13, 2019 by Resolution 2019-064, and October 26, 2020 by Resolution 2020-178. No new or more severe significant impacts were identified for the Project that were not identified in the 2004 Final EIR and 2009 Subsequent EIR, and no new mitigation measures would be required for the downtown plan. For all environmental topics addressed in the addendums, there were no substantial changes in environmental circumstances that would result in new or more severe significant environmental effects than were identified and evaluated in the 2004 Final EIR and 2009 Subsequent EIR.

The Amended and Restated Disposition, Development and Loan Agreement is also exempt from the provisions of CEQA pursuant to CEQA Guidelines Sections 15182 (c), 15332, 15304 (a)(b) and 15308 and none of the exceptions to the categorical exemptions in CEQA Guidelines Section 15300.2 apply, as described in the Eden Housing Project resolution, dated May 26, 2021 (Resolution 2021-071).

FISCAL AND ADMINISTRATIVE IMPACTS
There are no new fiscal or administrative impacts associated with ratifying, reaffirming, and readopting the Amended and Restated Disposition, Development and Loan Agreement. The agreement remains in effect as executed, and this action simply affirms the City’s ability to proceed following the expiration of the one-year limitation period under California Elections Code Section 9241. No new expenditures or administrative obligations are created as a result of this action. However, the staff time required to prepare this report and bring the item forward for City Council consideration is supported by the City’s General Fund as part of ongoing administrative operations.

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

ATTACHMENTS

1. Location Map

2. City Council Staff Report, June 24, 2024

3. Resolution

4. Exhibit A - Resolution No. 2022-085

5. Exhibit B - Veterans Park Language
Prepared by: Shannon Pagan
Assistant Planner
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Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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City of Livermore
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
7/7/2025 7:09:22
AM
Prepared:

Notes:

Scale:

PROJECT
SITE
ATTACHMENT 1
1140
CITY COUNCIL STAFF REPORT ITEM NO. 7.2
DATE: June 24, 2024
TO: Honorable Mayor and City Council
FROM: Marianna Marysheva, City Manager, Jason Alcala, City Attorney, and Brent Smith, Community Development Director
SUBJECT: Certification of referendum petition against Resolution No. 2022-085, action to either repeal the resolution, or call for an election for the voters to approve or set aside the legislative acts in the resolution for the construction of and improvements to Veterans Park, and consideration of a companion resolution ratifying the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc.

RECOMMENDED ACTION
Staff recommends the City Council:

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

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

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

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

SUMMARY
On May 24, 2022, the City Council adopted Resolution No. 2022-085 authorizing the execution of an Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc. for the development of the downtown multi-family housing site. That agreement amended the then existing agreement with Eden Housing for the affordable housing project that was first approved by the City Council on November 26, 2018, and that was later amended by the City Council on May 25, 2021.

ATTACHMENT 2
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Resolution No. 2022-085 also approved the language in the agreement for the construction of and improvements to Veterans Park.

On July 9, 2022, Move Eden Housing (MEH) presented a petition against Resolution 2022-085 to the City Clerk for processing as a referendum.

On March 6, 2024, the Appellate Court issued an opinion that MEH’s petition should be processed as a referendum because the resolution approved the construction of and improvements to Veterans Park, which the Appellate Court determined to be a legislative act subject to referendum. The Appellate Court also rejected all of MEH’s other objections against the resolution and agreement. The Appellate Court also determined that the primary substantive decisions relating to the housing aspects of the agreement were not subject to referendum because they were made years before the 2022 resolution was adopted.

On June 4, 2024, the Alameda County Registrar of Voters certified that the referendum contains sufficient valid signatures to qualify.

As a result, the City Council must now decide whether to:

Option 1: Repeal Resolution No. 2022-085; or,
Option 2: Call for an election to place Resolution No. 2022-085 on the ballot for the voters to approve or set aside the legislative acts in the resolution for the construction of and improvements to Veterans Park.

Consistent with the Appellate Court Opinion, staff recommends the City Council also adopt a companion resolution to ratify, reaffirm, and readopt the terms and conditions in the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc. for the housing project, other than construction of and improvements to Veterans Park, and acknowledge they remain in effect as of the date the agreement was signed.

DISCUSSION
It is important to begin with basic facts about the scope and legal effect of the referendum petition circulated in Livermore.

The referendum is not about whether a park should be built instead of affordable workforce housing.

Rather, the referendum is about Veterans Park and whether it should be built as part of the City’s agreement with Eden Housing.

The Appellate Court determined that Resolution No. 2022-085 is only subject to referendum because it was a legislative act to approve language in the agreement for the construction of and improvements to Veterans Park. The Appellate Court rejected all other protests against the resolution and the agreement.

The Appellate Court also found that the primary substantive decisions relating to the housing aspects of the agreement were not subject to referendum because they were made years before the 2022 resolution was adopted.

Agreement for an Affordable Housing Project - Not Subject to Referendum ATTACHMENT 2
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On January 29, 2018, the City Council approved the 2018 Downtown Plan for the development of portions of the Livermore Village Site to include:

Stockmen’s Park
Up to 130 units of workforce housing
A science center
A black box theater
Retail space
A linear public park (that would come to be known as Veterans Park).

The 2018 Downtown Plan was the culmination of a comprehensive public engagement program that began on February 15, 2017, when the City Council identified the downtown as a priority. That engagement program included the formation of a steering committee, numerous workshops, neighborhood meetings, pop-up events and presentations to obtain community input that was assembled into a series of reports and land use concepts that were presented for the City Council’s consideration, direction, and action. Some of the most significant City Council decisions leading to the 2018 Downtown Plan occurred on August 7, 2017, and then on November 27 and 29, 2017. At these dates, the City Council accepted the Downtown Public Engagement Final Report, and provided direction regarding design of the 2018 Downtown Plan, including with respect to housing, public finance, cultural facilities, hotel, retail, roadways, and open space and park space.

On November 27, 2018, the City Council approved an agreement to sell a portion of the Livermore Village Site to Eden Housing to develop a multi-family affordable rental housing project with up to 130 units of workforce housing.

On May 25, 2021, the City Council approved an amended agreement with Eden Housing to clarify certain terms and conditions, including the property being transferred. The amendment also reflected that the Veterans Park parcel would remain the City’s. The amendment provided that Eden Housing would coordinate with the City to make way and allow for the development of a City-owned, green/publicly accessible community park space that would be open and available to the general public and named “Veterans Park.” Veterans Park was in addition to Stockmen’s Park that occupies a different portion of the Livermore Village Site. The agreement also provided an option for the City to negotiate a future construction and reimbursement agreement with Eden Housing to coordinate the construction of the Veterans Park improvements.

On May 24, 2022, the City Council approved an amended and restated agreement with Eden Housing to make targeted changes in following the needless delay caused by Save Livermore Downtown’s (SLD) failed lawsuit challenging the entitlements for Eden Housing's affordable housing project. The adoption of Resolution No. 2022-085 also approved language set forth in Attachment 1 for the construction of and improvements to Veterans Park by Eden Housing.

The Amended and Restated Disposition, Development and Loan Agreement contains a clause that removes any terms that are invalid, void, or unenforceable, and confirms that the remaining provisions remain in full force and effect.

On March 6, 2024, the Appellate Court found that the primary substantive decisions relating to the housing aspects of the agreement were not subject to referendum because they were made years before the 2022 resolution was adopted.

ATTACHMENT 2
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Approval of Construction of and Improvements to Veterans Park - Subject to Referendum The City Council provided direction, made decisions, and took numerous actions to implement the 2018 Downtown Plan, including for the construction of and improvements to Veterans Park as a City park, prior to the adoption of Resolution No. 2022-085.

As stated above, on January 29, 2018, the City Council approved the 2018 Downtown Plan that included a linear public park that would be situated between the two buildings for the 130 units of workforce housing. The 2018 Downtown Plan identified the construction of a “park-like green space connection through the housing from South L to South Livermore.”
On September 24, 2018, the City Council approved the Downtown Core Plan Landscape Design Guidelines for the future development and design of Downtown Core Parks, including the linear park.

On February 19, 2019, the City Council held a special meeting workshop wherein it selected the implementation of the 2018 Downtown Plan as a priority goal. The priority goal included, among other things, finalizing plans for the linear park to ensure that the community needs are met.

On July 22, 2019, the City Council directed staff to consider the proposal by Don Staysa from the Livermore Stockmen’s Rodeo Association to name the linear park “Veterans Park” to compliment the veteran theme in the adjacent Stockmen’s Park.

On May 11, 2020, the City Council approved amendments to the Downtown Specific Plan that codified the 2018 Downtown Plan, including the location and use of Veterans Park.

On March 1, 2021, the City Council held a special meeting workshop wherein it selected the implementation of the 2018 Downtown Plan as a priority goal. That priority goal included, among other things, the preparation of plans for the construction of and improvements to Veterans Park.

On June 14, 2021, the City Council approved the City’s Capital Improvement Program for Fiscal Years 2021-23 as part of the City’s two-year financial plan and budget approval. That approval provides for the construction of Veterans Park as project No. 202121 described as a “public park between work force housing buildings at the northwest corner of Livermore Village” and consisting of “approximately 30,000 to 40,000 square feet of landscaping and hardscape.” The project justification for the City’s construction of Veterans Park as a capital improvement project states that Veterans Park is intended to provide complimentary open space to Stockmen’s Park and provide a continuous strip of public open space between South Livermore Avenue and L Street. The approval also identified Park Fees as the funding source to construct the public park improvements as a public project, and allocated funding as follows:

FY 2020-21 $40,000
FY 2021-22 $450,000
FY 2022-23 $3,800,000

On July 12, 2021, the City Council approved an agreement with RRM Design Group in the amount of $499,801 to: design Veterans Park; conduct public outreach; develop schematic landscape plans; prepare a preferred park design including renderings and shade studies; prepare a planning entitlement package; and, to prepare a final design that includes construction drawings to bid the project’s ATTACHMENT 2
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construction. The scope of services also includes construction administration and other support for the construction of Veterans Park.

Public outreach in 2021 culminated in three conceptual designs for Veterans Park based upon community feedback and stakeholder input.

On June 13, 2022, the City Council approved an update to the City’s Capital Improvement Program for Fiscal Years 2021-23. That approval continued to include the construction of Veterans Park as project No. 202121 with funding from Park Fees.

On June 12, 2023, the City Council approved the City’s Capital Improvement Program for Fiscal Years 2023-25 as part of the City’s two-year financial plan and budget approval. That approval continued to include the construction of Veterans Park as project No. 202121 with funding from Park Fees, and allocated funding as follows:

FY 2022-23 $20,000
FY 2023-24 $185,000
FY 2024-25 $185,000
FY 2025-26 $5,000,000
These prior actions by the City Council for the construction of Veterans Park were not included in the administrative record before the Appellate Court because it was believed that MEH, like SLD, was challenging the affordable workforce housing project approved by Resolution No. 2022-085. However, the Appellate Court disagreed and determined that MEH’s referendum was limited to those portions of Resolution No. 2022-085 that approved the construction of and improvements to Veterans Park.

If the administrative record before the Appellate Court contained the City Council’s prior legislative acts, that would have provided the information the Appellate Court needed to determine that it was the City Council’s earlier acts, and not the adoption of Resolution No. 2022-085, that fixed the City’s policy to construct Veterans Park as a public project. Nevertheless, the Appellate Court’s opinion still controls.

The attached memorandum regarding the history of Veterans Park (Attachment 2) provides more information about the City Council’s prior actions fixing the City’s policy to construct Veterans Park as a public project.

Overview of Referendum Petition Process
California Elections Code Sections 9235 through 9247 set forth the requirements to process referendum petitions by general law cities.

A referendum is the power of the voters to approve or set aside an original legislative act taken by the City Council. California courts have determined that an act is legislative when it adopts a new policy or plan, declares a public purpose, and provides ways and means of its accomplishment.

As a result, a referendum is only available to set aside City Council acts that are legislative in nature.

Executive, administrative, and ministerial acts are not subject to referendum. Also, the power of referendum cannot be invoked to annul or delay the implementation of previously approved legislative policy since that would impair essential governmental functions. California Courts have reasoned that if ATTACHMENT 2
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administrative decisions were subject to referendum, then a small group of electors, through repeated referendums, could interfere with essential governmental functions making it impossible to carry on the public business.

Likewise, the power of referendum is expressly prohibited for certain legislative acts such as the adoption of urgency ordinances, ordinances calling for elections, as well as tax levies and other fiscal appropriations.

The attached memorandum analyzing the referendum process (Attachment 3) provides a more comprehensive analysis of the applicable laws.

To qualify, Elections Code section 9215 states a referendum petition must contain signatures of at least 10% of registered Livermore voters based on the county election official’s last official Report of Registration to the Secretary of State.

Upon timely submission of a referendum petition, the City Clerk performs a technical review to determine whether the form of the referendum complies with the requirements of the Elections Code. Following the technical review, the City Clerk then performs a prima facie review to determine whether the number of signatures affixed to the petition equals or exceeds the 10% threshold (i.e. the “raw count”). If the number of signatures in the raw count does not equal the 10% threshold, the petition is not accepted for filing and is returned to the petitioner.

Once the petition is accepted for filing, the elections official has 30 days, excluding weekends and holidays, to examine the signatures for validity (i.e. the “signature verification process”). The elections official can perform a full examination of signatures, or may use a random sampling method established by the Elections Code. Because Livermore coordinates with Alameda County to conduct elections, the signature verification process is performed by the Alameda County Registrar of Voters.

If the Alameda County Registrar of Voters certifies the referendum is signed by at least 10% of the registered voters in the City, the results of the examination are then certified to the City Council. During the pendency of the signature verification process and following certification of the referendum petition, legislative act protested by the referendum is suspended and the City Council, at its sole discretion, must either repeal the protested legislative act, or call an election for the voters to approve or set aside the protested legislative act.

Timeline for Referendum Petition Protesting Resolution No. 2022-085 On July 9, 2022, MEH’s petition against Resolution 2022-085 was presented to the City Clerk for processing as a referendum. The Report of Registration at the time of filing the petition identified 57,028 registered Livermore voters, establishing the 10% threshold at 5,702 signatures.

The City Clerk’s technical review determined the referendum petition appeared on its face to comply with all format requirements. The City Clerk then completed a prima facie review of signatures and identified 9,737 unverified signatures affixed to the petition, which exceeds the required number of signatures to qualify the petition for further examination. Although numerous signatures were scratched out, the City Clerk nevertheless counted the signature as part or her prima facie review if she could see the signature along with a printed name, address, and city for the signer.

ATTACHMENT 2
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On July 13, 2022, the City Clerk advised MEH, based upon legal advice, that she would not process the petition as a referendum because it only contains administrative acts and did not contain any new legislative acts by the City Council. As the City Clerk explained, since the referendum petition does not challenge a legislative act, it was therefore not eligible for processing as a referendum.

Litigation ensued, and MEH identified and asserted it protested the following aspects of Ordinance No. 2022-085 that it asserted were legislative acts:

Policy decision to construct and improve Veterans Park; Policy decision to loan Eden Housing money to buy the property; and, Policy decision to limit the City’s indemnity owed to Eden Housing for the remediation of environmental contamination on the property.

On January 25, 2023, the Trial Court entered judgment in the City’s favor after finding “the Court confirms that the referendum at issue here was improper under California Law because it is directed at an administrative act and not a legislative one.”
On March 6, 2024, the Appellate Court reversed the Trial Court’s decision and issued an opinion finding that Resolution No. 2022-085 is subject to referendum because it approved “the construction of and improvements to a new public park,” which is Veterans Park, in the agreement. The Appellate Court determined that the prior agreement merely contained an option for that work, and that the 2022 agreement for the first time authorized that work. The Appellate Court’s opinion also determined that MEH’s other protested aspects were administrative acts, not legislative, and therefore not subject to referendum. The Appellate Court specifically held that “the approval of the loan terms in the 2022 agreement is not a legislative act” and “plaintiffs have not shown approval of the indemnification provision in the 2022 agreement was a legislative act.” The attached memorandum analyzing the Appellate Court decision (Attachment 3) provides a more comprehensive analysis of the case.

The Appellate Court having determined the portions of Resolution No. 2022-085 approving the construction of and improvements to Veterans Park is subject to referendum, the City Clerk resumed processing the petition as a referendum and delivered the petition to the Alameda County Registrar of Voters and requested full examination of the signatures.

On June 4, 2024, the Alameda County Registrar of Voters determined the number of unverified legible signatures (in contrast to the City Clerk’s prima facie review which includes both legible and illegible signatures) was 8,019. The Registrar then performed an examination of the signatures and issued a certificate of sufficiency after determining the petition contained 6,043 valid signatures.

Reconsideration of Resolution No. 2022-085
The City Council must now decide whether to:

Option 1 Repeal Resolution No. 2022-085; or,
Option 2 Call for an election to place Resolution No. 2022-085 on the ballot for the voters to approve ATTACHMENT 2
1147
or set aside the legislative acts in the resolution for the construction of and improvements to Veterans Park.

MEH, like SLD, is litigious and is likely to file a lawsuit challenging either decision made by the City Council, but that lawsuit is unlikely to prevail. It would also provide both the Trial Court and the Appellate Court with the opportunity to reconsider whether the portions of Resolution No. 2022-085 that approved the construction of and improvements to Veterans Park are subject to referendum based upon the City Council’s earlier legislative acts that fixed the policy to construct Veterans Park as a public project well in advance of its adoption of Resolution No. 2022-085.

Recommendations
Staff recommends the City Council adopt the resolution accepting the Alameda County Registrar of Voter’s certification of sufficiency of the signatures on the referendum petition protesting the Veterans Park portion of Resolution No. 2022-085; and select one of the following options:

Option 1: Repeal Resolution No. 2022-085.

The attached resolution for Option 1 will repeal Resolution No. 2022-085.

The practical effect is:

1. The will of the voters is respected and the legislative act approving the construction of and improvements to Veterans Park in the agreement with Eden Housing is set aside.

2. The City Council will be precluded from taking action to include the construction of and improvements to Veterans Park in an agreement with Eden Housing for a period of one year from the date of the repeal;

3. It is unclear whether during that year the City must also cease working on the construction of and improvement to Veterans Park that were separately approved by the City Council prior to the adoption of Resolution No. 2022-085. However, in an abundance of caution, staff intends to pause all work on Veterans Park, and will return to the City Council when the one-year period expires.

Option 2: Call for an election to place Resolution No. 2022-085 on the ballot for the voters to approve or set aside the legislative acts in the resolution for the construction of and improvements to Veterans Park.

The attached resolution for option 2 calls for an election and places Resolution No. 2022-085 on the ballot for the voters to approve or set aside the legislative acts in the resolution for the construction of and improvements to Veterans Park at the General Municipal Election on November 5, 2024.

The practical effect is:

1. An election is called for the voters to approve or set aside the legislative acts in Resolution 2022- 085 for the construction of an improvement to Veterans Park.

2. If the voters approve the legislative acts in Resolution No. 2022-085 that approved the construction of and improvements to Veterans Park, then the City Council and Eden Housing can proceed with the development of Veterans Park.

3. If the voters set aside the legislative acts in Resolution No. 2022-085 that approved the ATTACHMENT 2
1148
construction of and improvements to Veterans Park, then the City Council cannot proceed with the development of Veterans Park for a period of one year from the date of that election.

4. It is unclear whether during that year the City must also cease working on the construction of and improvement to Veterans Park that were separately approved by the City Council prior to the adoption of Resolution No. 2022-085. However, if this option is selected and the voters set aside the legislative acts for the construction of and improvements to Veterans Park, then in an abundance of caution, staff intends to pause all work on Veterans Park, and will return to the City Council when the one-year period expires.

Companion Resolution.

Staff recommends the City Council adopt companion resolution ratifying, reaffirming, and readopting the terms and conditions in the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc., except for the terms and conditions for the construction of and improvements to Veterans Park. That administrative act respects the Appellate Court's determination and the voters protest against the construction of and improvements to Veterans Park, and also respects the Appellate Court's determination that the housing aspects of the agreement are administrative and not subject to referendum. The resolution also acknowledges the terms and conditions in the agreement remain in effect as of the date the agreement was signed.

Pursuant to the legal authority In re: Stratham, (1920) 45 Cal.App. 436 and Reagan v. Sausalito, (1962) 210 Cal.App.2d 618, the City Council may deal further with the subject matter of the Amended and Restated Disposition, Development and Loan Agreement that was not subject to referendum.

The proposed resolution upholds the Appellate Court’s determination that the primary substantive decisions relating to the housing aspects in the Amended and Restated Disposition, Development and Loan Agreement were made prior to 2022, and are administrative not legislative. It also administratively exercises the clause to remove the legislative acts related to the construction of and improvements to Veterans Park from the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc.

The ratification, reaffirmation and readoption of the non-legislative elements of the Amended and Restated Disposition, Development and Loan Agreement is within the scope of the Specific Plan EIR, dated February 9, 2004 (SCH No.: 2003032038), the Specific Plan Subsequent EIR, dated March 30, 2009 (SCH No.: 2008092085), and the Specific Plan Subsequent EIR Addenda adopted by City Council on September 10, 2018 by Resolution 2018-153, May 13, 2019 by Resolution 2019-064, and October 26, 2020 by Resolution 2020-178. No new or more severe significant impacts were identified for the Project that were not identified in the 2004 Final EIR and 2009 Subsequent EIR, and no new mitigation measures would be required for the downtown plan. For all environmental topics addressed in the addendums, there were no substantial changes in environmental circumstances that would result in new or more severe significant environmental effects than were identified and evaluated in the 2004 Final EIR and 2009 Subsequent EIR. The Amended and Restated Disposition, Development and Loan Agreement is also exempt from the provisions of CEQA pursuant to CEQA Guidelines Sections 15182 (c), 15332, 15304 (a)(b) and 15308 and none of the exceptions to the categorical exemptions in CEQA Guidelines Section 15300.2 apply, as described in the Eden Housing Project resolution, dated May 26, 2021 (Resolution 2021-071).

The practical effect is that:

ATTACHMENT 2
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1. The City and Eden Housing may continue to implement the Amended and Restated Disposition, Development and Loan Agreement except for the construction of and improvements to Veterans Park.

2. The language in the agreement for the construction of and improvements to Veterans Park is severed by operation of law, and is invalid, void, and unenforceable for a period of one year.

FISCAL AND ADMINISTRATIVE IMPACTS
Should the City Council choose to submit the protested portions of the resolution to the voters, Alameda County will bill the City for the actual costs of the election, estimated to be $4-$6 per registered voter for a regular consolidated election.

At the time of publishing this staff report, there are 56,792 registered voters in Livermore, projecting the cost of a consolidated regular election to range between $227,168 and $340,752. This estimate does not include sample ballot printing or Spanish, Chinese, Tagalog, and Vietnamese translation costs, which are further estimated to be an additional $27,000 to $35,000.

The referendum petition signature verification provided by the Alameda County Registrar of Voters is billed separately from election costs. Staff estimates the cost for this service will range between $15,000 and $20,000.

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

ATTACHMENTS

1. Veterans Park Language

2. Memorandum, History of Veterans Park

3. Memorandum, Referenda and Case Analysis

4. Resolution - Accepting Certification

5. Exhibit A - Registrar of Voters Certification

6. Resolution - Repealing Resolution No. 2022-085

7. Resolution - Calling for and Giving Notice of Election

8. Exhibit A - Resolution No. 2022-085

9. Exhibit B - Veterans Park Language

10. Exhibit C - Referendum Measure

11. Resolution - Companion Resolution

12. Exhibit A - Resolution No. 2022-085

13. Exhibit B - Veterans Park Language
ATTACHMENT 2
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Prepared by: Marie Weber
Deputy City Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
ATTACHMENT 2
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1 RESOLUTION NO. _________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION RATIFYING, REAFFIRMING, AND READOPTING THE AMENDED

AND RESTATED DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT APPROVED RESOLUTION NO. 2022-085 WITH THE EXCEPTION OF THE TERMS AND

CONDITIONS FOR THE CONSTRUCTION OF AND IMPROVEMENTS TO VETERANS

PARK, AND TO ACKNOWLEDGE THE AGREEMENT OTHERWISE REMAINS IN

EFFECT FROM THE DATE IT WAS SIGNED
On May 24, 2022, the City Council adopted Resolution No. 2022-085 authorizing the execution of an Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc. (Exhibit A) for the development of the downtown multi-family housing site. That agreement amended the then existing agreement with Eden Housing, Inc. (“Eden Housing”) for the affordable housing project that was first approved by the City Council on November 26, 2018, (Resolution No. 2018-197), and that was later amended by the City Council on May 25, 2021, (Resolution No. 2021- 073). Resolution No. 2022-085 also approved the language in the agreement for the construction of and improvements to Veterans Park, which language has been pulled from the agreement and set forth in Exhibit B to this resolution for clarity.

On March 6, 2024, in the matter of Move Eden Housing v. City of Livermore, 100 Cal.App.5th 263 (2024), the Appellate Court determined the following with regard to the Amended and Restated Disposition, Development and Loan Agreement:

1. Resolution No. 2022-085 is subject to referendum because it approved “the construction of and improvements to” Veterans Park as part of the City’s agreement with Eden Housing. The Appellate Court determined that the prior agreement merely contained an option for that work, and that the 2022 agreement for the first time authorized that work.

2. All other portions of Resolution No. 2022-085, and the agreement, that were protested by the petitioner were administrative, not legislative acts, and therefore not subject to referendum.

3. The primary substantive decisions relating to the housing aspects of the agreement were not subject to referendum because they were made years before the 2022 resolution was adopted.

Pursuant to the authority In re: Stratham, (1920) 45 Cal.App. 436 and Reagan v.

Sausalito, (1962) 210 Cal.App.2d 618, the City Council intends this resolution to hereby deal further with the subject matter of the Amended and Restated Disposition, Development and Loan Agreement that was not subject to referendum.

On June 24, 2024, the City Council adopted Resolution No. 2024-107 to accept the Alameda County Registrar of Voters’ certification of the referendum petition against Resolution No. 2022-085 and Resolution No. 2024-108 to repeal Resolution No. 2022- 085. At the same meeting, the City Council adopted a companion resolution (Resolution No. 2024-109) to ratify, reaffirm, and readopt the Amended and Restated Disposition, 1152
2 RESOLUTION NO. _________
Development and Loan Agreement with Eden Housing, Inc, excluding the construction of and improvements to Veterans Park, and acknowledging that the agreement remains in effect as of the date it was signed.

Move Eden Housing challenged the adoption of Resolution No. 2024-109, and the Trial Court held the resolution was premature since it was substantially similar to the prior Resolution No. 2022-085, despite its exclusion of Veterans Park. The City and Eden Housing have appealed the Trial Court’s decision and are awaiting a decision by the Appellate Court, which is scheduled for oral argument on August 21, 2025.

California Elections Code Section 9241, provides that a city is prohibited from adopting the same legislative act that was repealed in response to a qualified referendum for a period of one year from the date of its repeal. If applicable, that oneyear period has now expired as of June 24, 2025, thereby allowing the City Council to retake the action in Resolution No. 2024-109 to ratify, reaffirm, and readopt the Amended and Restated Disposition, Development and Loan Agreement, except for the language for the construction of, and improvements to, Veterans Park.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby ratifies, reaffirms, and readopts the City of Livermore’s (“City”) execution of the Amended and Restated Disposition, Development and Loan Agreement, except for the language for the construction of, and improvement to, Veterans Park, and hereby acknowledges that the remaining language of the agreement remains in full force and effect as of the date the agreement was signed.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that staff is authorized to take the necessary administrative steps to memorialize the effect of Section 13.9 in the Amended and Restated Disposition, Development and Loan Agreement in response to the determination of the Court of Appeals in the matter of Move Eden Housing v. Livermore, (2024) 318 Cal.Rptr.3d 826, and reflect that the language in the agreement for the construction of and improvements to Veterans Park were severed from that agreement by operation of law because it is invalid, void, and unenforceable for a period of one year as a result of that decision and the City Council’s action in response to the referendum.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that the ratification, reaffirmation and readoption of the non-legislative elements of the Amended and Restated Disposition, Development and Loan Agreement is within the scope of the Specific Plan EIR, dated February 9, 2004 (SCH No.: 2003032038), the Specific Plan Subsequent EIR, dated March 30, 2009 (SCH No.: 2008092085), and the Specific Plan Subsequent EIR Addenda adopted by City Council on September 10, 2018 by Resolution 2018-153, May 13, 2019 by Resolution 2019-064, and October 26, 2020 by Resolution 2020-178. No new or more severe significant impacts were identified for the Project that were not identified in the 2004 Final EIR and 2009 Subsequent EIR, and no new mitigation measures would be required for the downtown plan. For all environmental topics addressed in the addendums, there were no substantial changes in environmental circumstances that would result in new or more severe significant environmental effects than were identified and evaluated in the 2004 Final EIR and 2009 Subsequent EIR. The Amended and Restated Disposition, Development and Loan Agreement is also exempt from the provisions of CEQA 1153
3 RESOLUTION NO. _________
pursuant to CEQA Guidelines Sections 15182 (c), 15332, 15304 (a)(b) and 15308 and none of the exceptions to the categorical exemptions in CEQA Guidelines Section 15300.2 apply, as described in the Eden Housing Project resolution, dated May 26, 2021 (Resolution 2021- 071).

BE IT FURTHER RESOLVED that the City Council of the City of Livermore directs the Planning Manager to file a Notice of Exemption with the Alameda County Clerk.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on July 28, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/Jason Alcala__________________ Deborah L. Elam Jason R. Alcala
City Clerk City Attorney
Exhibit A – Resolution No. 2022-085
Exhibit B – Language from Agreement for the Construction of and Improvement to Veterans Park
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LANGUAGE FROM AGREEMENT FOR THE

CONSTRUCTION OF AND IMPROVEMENTS TO VETERANS PARK
Resolution No. 2022-085 approved the following language in the Amended and Restated Disposition, Development and Loan Agreement for the construction of and improvements to Veterans Park
Section 2.1 Definitions
(hhh) “Veterans Park Improvements” is defined as the constructed improvements within the Veterans Park Parcel which shall be entitled and designed at the sole discretion of the City.

Section 3.5 Construction and Financing for Veterans Park Improvements.

The Parties agree that the Developer will manage the construction of the Veterans Park Improvements but that the City will pay for the costs of the Veterans Park Improvements at its sole expense. City and Developer will negotiate a future construction management and reimbursement agreement to coordinate the construction of the Veterans Park Improvements. The Agreement shall authorize reimbursement for the construction of the park, per the designs and specifications issued by the City, and shall not exceed Five Million Five Hundred Thousand Dollars ($ 5,500,000) (not including any grants obtained by Developer to help fund the construction costs), without additional approval of the City Council.

The Agreement and the procurement of the contractor who will build the park shall comply with all applicable local, state, and federal procurement laws to the extent such laws apply. These improvements would be exclusive of any development loan provided by the City for development of the Project.

Similarly, Resolution No. 2022-085 approved minor language in two other sections in the Amended and Restated Disposition, Development and Loan Agreement that contain language related to the construction of and improvements to Veterans Park (underlined):

Section 7.3 City Review.

Except for the activities to be performed by or on behalf of the City as otherwise contemplated herein, the Developer shall be solely responsible for all aspects of the Developer's conduct in connection with the Project, including, but not limited to, the quality and suitability of the Project Documents, the supervision of construction work for the Project and the Veterans Park Improvements, and the qualifications, financial condition,

EXHIBIT B
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and performance of all architects, engineers, contractors, subcontractors, suppliers, consultants, and property managers. Except for the activities to be performed by or on behalf of the City as otherwise contemplated herein, any review or inspection undertaken by the City with reference to the Project is solely for the purpose of determining whether the Developer is properly discharging its obligations to the City under this Agreement, and should not be relied upon by the Developer or by any third parties as a warranty or representation by the City as to the quality of the design or construction of the Improvements.

Section 8.2 Completion of Construction.

The Developer shall diligently prosecute to completion the construction of the Improvements, and shall complete construction of the Improvements within the time set forth in the Schedule of Performance, subject to Force Majeure requirements in Section 13.4 of this Agreement. As between the City and the Developer, except for, Veterans Park Improvements, and work contemplated by the Cooperation and Indemnity Agreement referenced in section 6.2, above, the Developer shall be solely responsible for the construction of the Improvements, including all costs of construction (except for the EVA Improvement Reimbursables referenced in Section 3.4).

EXHIBIT B
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CITY COUNCIL STAFF REPORT ITEM NO. 10.1

5.8 Resolution authorizing the following actions for the Springtown Community Park and Disc Golf Course Project PB 202319: To award a construction agreement to GradeTech Inc. in the amount of $6,208,025 and reject all other Bid Proposals.

Material: Public Comment

6.1 Hearing to place delinquent sewer accounts on the Property Tax Roll.

Materials: Revised Exhibit A, PowerPoint Presentation

6.2 Hearing to adopt FY 2025-26 Sewer Service and Use Charges Report and authorize Residential Charges to be collected in the same manner, by the same persons, and at the same time as, together with receive and not separately from, the City's General Taxes.

Material: PowerPoint Presentation

6.3 Hearing to consider a request for the second amendment to Development Agreement 18-001 to revise the terms and timing of the off-site improvements including a public trail and public sewer line. The Development Agreement vests a previously approved project for 186 two- and three-story townhomes on a vacant 35-acre site located at the terminus of Lassen Road northwest of the First Street/I-580 Interchange and north of I580 Material: PowerPoint Presentation
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Marianna A. Burch, City Manager
SUBJECT: Supplemental materials received prior to the meeting.

RECOMMENDED ACTION

SUMMARY
These materials were posted online and made available to the public at the same time that they were distributed to the City Council.
1339

7.1 Resolution ratifying, reaffirming, and readopting the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc., excluding the construction of and improvements to Veterans Park.

Materials: Public Comments, PowerPoint Presentation

8.0 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.

Material: Council Reports

DISCUSSION

ATTACHMENTS

1. Supplemental Materials
Prepared by: Ashley Zieba
Assistant City Clerk
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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From: Brian Bertossa
To: City Clerk; Tara Mazzanti
Subject: Submission for Inclusion in Supplemental Packet for Item No. 5.8 of the Consent Calendar on the Agenda for the July 28 City Council Meeting - Springtown Community Park and Disc Golf Course City Project No. 202319 Date: Friday, July 25, 2025 4:11:16 PM
Attachments: 250626_Response to Bid Protest.pdf
Declaration of Carolyn Atkins.pdf
250722_Ltr to City of Livermore.pdf
250722_BDB_DeclExhibits.pdf
250722_Carolyn_Atkinson_Decl&Exhibit.pdf
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dear City Clerk and Ms. Mazzanti:

I represent Schreder & Brandt Mfg, Inc. (“Schreder”), apparent low bidder on the Springtown Community Park and Disc Golf Course City Project No. 202319. The contract for this Project is addressed in Item No. 5.8 of the Consent Calendar on the Agenda for the July 28 City Council Meeting. I request that the attached materials be added to the supplemental packet for distribution on Item No. 5.8 prior to the July 28 Council Meeting.

The attached materials consist of my letter of June 26, 2025 sent to the City containing Schreder’s response to a bid protest submitted by Gradetech, Inc., the June 26 Declaration of Carolyn Atkinson with exhibits submitted on June 26, 2025 in support of Schreder’s June 26 response to the bid protest, my letter of July 22, 2025 to the Mayor, Vice Mayor and Council members, the Declaration of Brian Bertossa with exhibits submitted in support of my July 22 letter and the July 22 Declaration of Carolyn Atkinson with exhibit submitted in support of my July 22 letter.

These materials are submitted in support of a request by Schreder that the Council remove Item No.

5.8 from the July 28 consent calendar for further discussion. Please confirm your receipt of this email and the attached materials. Regards, Brian
Cook|Brown LLP
Brian D. Bertossa, Partner | T. 916.442.3100 | Direct 916.329.3604 2407 J Street, Second Floor | Sacramento, CA 95816
Let’s Keep the Workplace Working
CONFIDENTIAL: This message and attachments may contain confidential communications protected by the attorney-client privilege. Unauthorized use or disclosure of this message is strictly prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the message and its attachments.

Item 5.8
Public Comment
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2407 J STREET, SECOND FLOOR
SACRAMENTO, CA 95816
T. 916.442.3100 | F. 916.442.4227
www.cookbrown.com

ATTORNEYS AT LAW
D e n n i s B . C o o k
R o n a l d W . B r o w n
B r i a n D . B e r t o s s a
T e r r y A . W i l l s
C a r r i e E . B u s h m a n
B a r b a r a A . C o t t e r
L i s a V . R y a n
S t e p h e n R . M c C u t c h e o n , J r .

A l e x i s M . G a b r i e l s o n
D a n i e l F . C . K o z i e j a
Z a c h a r y H . R a n k i n
S a r a h M . W o o l s t o n
K a r i n a S a n d o v a l M a r t i n e z
A d a m J . S t e p h e n s
June 26, 2025
VIA ELECTRONIC AND U.S. MAIL
City of Livermore
City Clerk’s Office
Second Floor of City Hall
1052 South Livermore Avenue
Livermore, CA 94550
City Clerk ([email protected])
Roberto Escobar, Senior Civil Engineer ([email protected]) Jaimeen Mehta, Assistant Engineer ([email protected]) Re: Schreder & Brandt’s Response to Bid Protest on Springtown Open Space Improvements, Springtown Community Park and Disc Golf Course City Project No. 202319
Dear Sir/Madam:

Cook Brown, LLP has been retained by Schreder & Brandt Mfg, Inc. (“Schreder”) in connection with the bid protest filed by Gradetech, Inc. (“Gradetech”) on the above-referenced project. My email is [email protected]. Our address is 2407 J St., Second Floor, Sacramento CA 95816; our phone number is 916/442-3100.

Schreder is the low bidder on the project. The issues raised in Gradetech’s protest do not warrant the City’s rejection of Schreder’s bid and expenditure of an additional $287,000 of public funds on Gradetech’s higher bid.
1 Schreder respectfully requests that the City of Livermore reject Gradetech’s bid protest and proceed with the award and execution of the contract with Schreder.

Bids were opened on Thursday, June 19. Schreder was the low bidder with a bid of $5,451,415.20. Gradetech was second-low bidder with a bid amount of 5,674,358.97. (See Declaration of Carolyn Atkinson submitted herewith, hereafter “Atkinson Dec.”, at par. 3). On Monday, June 23, Gradetech submitted its protest. Pursuant to Section 22.4 of the Instructions to Bidders (See Atkinson Dec. at par.2 and Exhibit 3 thereto), a low bidder 1 After the City’s correction of mathematical errors Schreder’s bid was $5,386,951.50 which is $287,407.47 lower than Gradetech’s bid of $5,674,358.97.

Item 5.8
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may submit a response to the protest by either three working days after the bid protest deadline or three working days after receipt of the protest, whichever is sooner. The bid protest deadline was two working days after bid opening, or Monday, June 23, so any response was required within three working days of June 23.

On June 25, prior to receiving Schreder’s timely response to the protest, the City provided its response to the protest to Schreder deeming Schreder’s bid non-responsive and informing of a plan to award the contract to Gradetech. (Atkinson Dec. at par. 10 and Exhibit 7 thereto). Therefore, Schreder will respond here to both Gradetech’s protest and the City’s asserted bases for finding Schreder’s bid non-responsive.

Any Errors or Omissions By Schreder On Various Bid Items Only Disadvantaged Schreder And Should Not Result In The Bid Being Deemed Non-Responsive. a. Corporations Code Section 313 Does Not Require The Signature of Two Officers on a Bid Proposal.

Schreder’s Bid Proposal was signed by Seward Schreder, its President. The City contends that the Bid Proposal must be signed by two officers of the corporation “under California Corporations Code, Section 313” and the failure to be signed by two officers is a material error which renders Schreder’s bid non-responsive. In fact, Corporations Code Section 313 contains no such requirement. Corporations Code Section 313 reads as follows:

Subject to the provisions of subdivision (a) of Section 208, any note, mortgage, evidence of indebtedness, contract, share certificate, initial transaction statement or written statement, conveyance, or other instrument in writing, and any assignment or endorsement thereof, executed or entered into between any corporation and any other person, when signed by the chairperson of the board, the president or any vice president and the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation, is not invalidated as to the corporation by any lack of authority of the signing officers in the absence of actual knowledge on the part of the other person that the signing officers had no authority to execute the same.

Section 313 contains no mention of a requirement that two signatures are required, nor does it invalidate agreements signed by a person authorized by the corporation to sign on its behalf. It merely establishes as a matter of law the ostensible authority of a person holding certain combinations of corporate titles to enter into binding agreements.

To the extent the City claims that signature by one officer results in Schreder’s bid being non-responsive due to the requirements of Section 313 it is mistaken. Schreder has an Item 5.8
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extensive history as a public works contractor as detailed in its Bidder’s Questionnaire and has been licensed since 1998. This is not a circumstance where there is no signature. The Bid Proposal was signed by Seward Schreder as President; the lack of a second signature is a technicality which does not affect Schreder’s bid or negatively impact any other bidder. b. Mathematical Errors
As stated by the Court in DeSilva Gates Construction, LP v. Department of Transportation, 242 Cal. App. 4th 1409 (2015): “Not every mistake on a bid is sufficiently significant to render the bid nonresponsive. For example, a typographical error may properly be treated as a trivial error that does not render a bid nonresponsive. (Valley Crest Landscape, Inc. v. City Council (1996) 41 Cal.App.4th 1432, 1442 [49 Cal. Rptr. 2d 184] (Valley Crest).)”
In DeSilva, a bidder on a Caltrans project listed a subcontractor who was to perform work of less than one-half of one percent, which was below the threshold amount requiring such contractor to be listed. Caltrans deemed the bidder non-responsive for listing the subcontractor. In rejecting Caltrans’ determination that the bid was non-responsive, the Court found “a bid was not rendered nonresponsive by listing a subcontractor that would perform work below the disclosure amount; “‘“It certainly would amount to a disservice to the public if a losing bidder were to be permitted to comb through the bid proposal or license application of the low bidder after the fact, [and] cancel the low bid on minor technicalities, with the hope of securing acceptance of his [or hers], higher bid. Such construction would be adverse to the best interests of the public and contrary to public policy.” [Citation.]’ (Ghilotti, supra, 45 Cal.App.4th pp. 908–909.)” (Bay Cities Paving, supra, 223 Cal.App.4th at p. 1189.)”
Here, following bid opening, the City’s Senior Civil Engineer Roberto Escobar phoned Carolyn Atkinson of Schreder on Friday, June 20. Mr. Escobar confirmed Schreder was the apparent low bidder and he stated the City would be willing to accept Schreder’s bid if Schreder would accept the City’s correction of mathematical errors which reduced the bid from $5,451,415.221 to $5,386,951.50 – a reduction of $64,463.70 in favor of the City. Ms.

Atkinson said Schreder would agree to the lower bid amount. (Atkinson Dec. at par. 4).

This type of correction of a bidder’s mathematical errors by the City is expressly permitted by Section 11.1 of the Instructions to Bidders and its subparts.

Claims by the City after performing corrections that the City performing corrections “raises concerns” about whether the bid is clear ignores the clear authority in Section 11.1 of the Instructions to Bidders permitting the City to perform exactly this type of analysis and correction of mathematical errors. Moreover, Schreder’s tabulation error made its bid less competitive at bid opening as it was listed as a higher total bid than intended. Schreder was Item 5.8
Public Comment
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the low bidder regardless of these corrections, and its tabulation error did not give Schreder a competitive advantage over other bidders. Rather, the correction of the error meant Schreder continued to be the low bidder, and the total cost to the City decreased.

On Monday, June 23 Mr. Escobar emailed Ms. Atkinson in follow-up to their conversation on June 20 and provided in writing that the City had calculated Schreder’s bid to be $5,386,951.50 rather than the figure of $5,451,415.21 recorded on Schreder’s bid and asked if it was a detriment. Ms. Atkinson responded by email that Schreder was in agreement with the City’s corrections and the bid amount of $5,386,951.50, thus negating any concern of the City that it had misread handwritten pricing and totals. (Atkinson Dec. at par. 5 and Exhibit 4 thereto).

Section 11.2 Non-Responsive Errors contained in the Instructions to Bidders confirms that Schreder’s tabulation error was immaterial and did not render the bid nonresponsive: “If the cumulative amount of corrections changes the total amount of the base bid or bid alternate by more than five percent, City may consider the bid non-responsive.” The reasonable reading of this provision is that if the cumulative amount of corrections changes the total amount of the base bid by less than 5% the City may (but even then is not required to) deem the bid non-responsive. Here, the correction reducing the base bid from $5,451,415.21 to $5,386,951.50 is a change of approximately 1.2%, which is tantamount to a rounding error in comparison to the total bid.

Such small mathematical errors - which the City corrected and which corrections were agreed to by Schreder – are immaterial and cannot result in Schreder’s bid being deemed non-responsive. Schreder gained no advantage and no other bidder was harmed by the alleged errors. In fact, other bidders were advantaged by Schreder submitting a bid with a higher number than intended as it made its bid less competitive at bid opening. c. Omission of Unit Price and Bid Item Total for Park Signage Bid Item Gradetech claims that Schreder leaving blank a Unit Price and Bid Item Total for Bid Item 1.47 (Park Signage) in the Bid Schedule completed by Schreder rendered Schreder’s bid non-responsive. In fact, Section 11 of the Instructions to Bidders anticipates this precise issue and contains instructions on how the City may correct such an omission. Specifically, Section 11.1.1 provides, in relevant part: “If the Unit Price and Unit Total are both blank or illegible, the Unit Price and Unit Total shall be corrected to $0.00.” Given that the Unit Price and Bid Item Total are blank, the Park Signage issue defaults to $0.00 and the Bid Schedule Total controls.2
2 There is no item titled “Unit Total” on the Bid Schedule. It is apparent from a review of the Bid Schedule form that the City used “Unit Price” and “Bid Item Total” rather than “Unit Price” and “Unit Total” for Item 5.8
Public Comment
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The Court in Bay Cities Paving & Grading, Inc. v. City of San Leandro, 223 Cal. App. 4th 1181, 1188 (2014), in rejecting an awarding body’s finding that a bidder was non-responsive due to submitting a bid which contained a blank page, held: “‘A basic rule of competitive bidding is that bids must conform to specifications, and that if a bid does not so conform, it may not be accepted. [Citations.] However, it is further well established that a bid which substantially conforms to a call for bids may, though it is not strictly responsive, be accepted if the variance cannot have affected the amount of the bid or given a bidder an advantage or benefit not allowed other bidders or, in other words, if the variance is inconsequential. [Citations.]’ [Citation.]” (Ghilotti, supra, 45 Cal.App.4th at pp. 904–905.) The omission of a Unit Price and Bid Item Total for Park Signage is inconsequential as shown by the fact that Gradetech identified a Unit Price and Bid Item Total of $6,900 for Section 1.47 Park Signage in their Bid Schedule. (Atkinson Dec., par. 2 and Exhibit 2 thereto). Gradetech’s Park Signage of $6,900 amounted to .001 percent of its total base bid of $5,674,358.97. Given that Gradetech’s bid is $287,000 higher than Schreder’s, even if this inconsequential omission did rise to the level of a bidding irregularity, it would be in the City’s best interest to waive it and proceed with the award to the low bidder – Schreder. d. Omission of Subcontractor Percent of Project Work on Bid Schedule Subcontractor List
The Subcontractor List contains categories for inclusion of the following information:

Subcontractor, Description of Work, California Contractor License Number, California DIR Number, Business Location and Percent of Project Work. Schreder’s Subcontractor List contained all of the described information with the exception of Percent of Project Work.

Gradetech contends that the omission of this information requires that Schreder’s bid be deemed non-responsive. We disagree.

The Court in MCM v. City & County of San Francisco, 66 Cal.App.4th, 359, 369 (1998) stated in relevant part: “. . . the rule that requires “‘strict compliance with bidding requirements does not preclude the contracting entity from waiving inconsequential deviations.’ [Citation.]” (Ibid.; see Ghilotti, supra, 45 Cal.App.4th at p. 908.) Rather “a deviating bid must be set aside despite the absence of corruption or actual adverse effect on the bidding process …” only if the deviation is “capable of facilitating corruption or extravagance, or likely to affect the amount of bids or the response of potential bidders. [Citations.]” (Ghilotti, supra, 45 Cal.App.4th at p. 908.) (emphasis added).

Schreder’s initial omission of Percent of Project Work information in no way this Bid Schedule and that the provisions of Section 11.1.1 apply to “Bid Item Total” wherever “Unit Total” is used in Section 11.1.1.

Item 5.8
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facilitated corruption or extravagance or affected the amount of bids or the response of bidders and is an inconsequential deviation which should be waived.

On June 23 City Engineer Roberto Escobar phoned Carolyn Atkinson, General Manager of Schreder and asked that Schreder provide a Subcontractor List with the Percent of Work information. (Atkinson Dec. at par. 6). Ms. Atkinson provided that information the same morning and its receipt was acknowledged by Mr. Escobar. (Atkinson Dec. at par. 6 and Exhibit 4 thereto).

The City contends that Schreder providing the information on June 23 within hours of being notified of the omission violated Public Contract Code Section 4104’s provision that “additional information may be submitted by prime contractors within 24 hours of Bid Opening.” However, Section 4104’s 24-hour provision for submitting additional information is not required to be applied by the City to the providing of Percent of Project Work information.

Public Contract Code Section 4104(a) provides that a contractor shall include in its bid the name, the location of the place of business, the California contractor license number, and public works contractor registration of each subcontractor who will perform work and provides that an error in the listing of the contractor license number or public works contractor registration number shall not result in the bid being non-responsive if the correct information is provided within 24 hours of bid opening.

It is undisputed that Schreder included all of the information required under subsection (a) in the Subcontractor List.

Subsections 4104(a)(3)(A) and (B) provide further:
(A) Subject to subparagraph (B), any information requested by the officer, department, board, or commission concerning any subcontractor who the prime contractor is required to list under this subdivision, other than the subcontractor’s name, location of business, the California contractor license number, and the public works contractor registration number, may be submitted by the prime contractor up to 24 hours after the deadline established by the officer, department, board, or commission for receipt of bids by prime contractors.
(B) A state or local agency may implement subparagraph (A) at its option. (emphasis added)
The City contends it is required to follow Section 4104 and a bid that “is inconsistent with this requirement is nonresponsive.” However, Section 4104(a)(3)(B) makes clear that Item 5.8
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the City is not required to impose the requirements of subsection (a)(3)(A) but is free to exercise discretion whether to apply it so it is within the City’s discretion to waive Schreder’s omission. As explained further below, Schreder’s initial omission of Percent of Project Work was promptly cured upon notice, inconsequential and deeming Schreder’s bid non-responsive for this omission and instead awarding the contract to a bidder whose bid was $287,000 higher than Schreder’s does not serve the public interest.

The purpose of including percent of work is to identify that the contractor will meet the requirements of Section 13 of the Instructions to Bidder that the contractor self-perform at least 30% of the work on the project. In other words, by subtracting the total percent of work identified to be performed by subcontractors it can be determined whether the contractor will perform at least 30% of the work. However, that is not the only way to establish that the contractor will perform 30% of the work and it is obvious from Schreder.

Matching Schreder’s Bid Schedule for Parts A and B with the Subcontractor List reveals the work that is not being given to listed subcontractors and shows that Schreder will self-perform in excess of 30% of the work. Specifically, for Part A, Items 1.1, 1.5-1.10A,

1.14, 1.15, 1.18, 1.20, 1.32-1.35, 1.37-1.461.76, 1.77 totaling $1,910,995.45 were not assigned to a subcontractor and are to be self-performed by Schreder. For Part B, Bid Items 2.1, 2.4 – 2.9,

2.14 – 2.16, 2.19 and 2.25 were not assigned to a subcontractor and are to be self-performed by Schreder. The times and amounts are summarized for easy reference in Exhibit 5 to the Atkinson declaration. (See Atkinson Dec. at par. 2 and 7). The amount of work in Part A plus Part B to be self-performed totals approximately $1,910,995.45 of a total base bid of $5,386,951.50 which equates to 35% of the work. 3
Schreder holds an “A” and “B” license and is qualified to self-perform the work identified. Its responses to the Bidder’s Questionnaire establish a lengthy history as a public works contractor. Schreder further has a long history of self-performing work similar to that to be self-performed on this project. (Atkinson Dec. at par. 8).

The Court in Ghilotti Construction Co. v. City of Richmond (1996) 45 Cal.App.4th 897 found the low bidder’s deviation from a requirement that no more than 50% of work be subcontracted to be inconsequential.

In Ghilotti, the second low bidder on a project sought to prevent the low bidder from receiving the contract based on the low bidder having deviated from the bidding requirement that limited subcontracted work to 50%. The low bidder actually subcontracted

55.5% of the work to subcontractors. The low bidder claimed at hearing that the time 3 We have included bid schedule numbers and the total bid number as corrected by the City for mathematical errors. If the original numbers for both are used, the work to be self-performed amounts to approximately 38%.

Item 5.8
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pressure on bid submissions resulted in the low bidder not structuring its bid to reflect subcontracting less than 50% of the work. The low bidder stated that by purchasing $300,000 in materials and supplies for one subcontractor the low bidder could establish that it subcontracted less than 50% of the work.

The trial court found the deviation “inconsequential” and, thus, city was not required to award contract to unsuccessful bidder which had conformed with all of contract's specifications. The Court of Appeal confirmed, finding that although lowest bidder proposed to subcontract more than 55% of work in violation of contract's 50% limit, the low bidder “showed its bid could be brought into compliance with only slight alterations and without affecting the amount of the bid. The city council properly waived the irregularity in the bid as inconsequential” and there was no evidence of favoritism, corruption, fraud, extravagance, or uncompetitive bidding practices. Ghilotti at 904-905.

The Ghilotti Court “rejected the contention that a bid defect which only potentially impacts the amount of the bid or the bidding process was sufficient to establish a competitive advantage that would prevent the city from finding that a bid deviation was inconsequential.” (Bay Cities Paying & Grading, Inc., 223 Cal.App.4th 1181, 1197-1198; citing Ghilotti, supra, at 906-907) instead holding “The test for measuring whether a deviation in a bid is sufficiently material to destroy its competitive character is whether the variation affects the amount of the bid by giving the bidder an advantage or benefit not enjoyed by the other bidders. Ghilotti at 906.

Here, Schreder’s initial omission of the Percent of Project Work information was inconsequential. Further, Schreder did not need to make alterations similar to those made by the low bidder in Ghilotti and found by the Ghilotti court to be inconsequential in order to meet the 30% self-performance requirement - the information showing compliance with the 30% requirement was already contained in the bid materials. There was no competitive advantage gained and the failure to initially complete the math necessary to insert the Percent of Project Work information does not alter the fact that Schreder identified all information necessary to establish that Schreder would perform more than 30% of the work, that is the name and scope for each subcontractor and the Bid Item Totals allowing calculation of the amount of work not assigned to subcontractors and instead to be selfperformed.

The matters cited by the City and those raised by Gradetech’s protest do not affect the competitive bidding process, affect the bid price, give Schreder an advantage over other bidders, or result in any detriment to the City and are not a sufficient basis for rejecting Schreder’s bid and increasing the cost of this project by $287,000.

Item 5.8
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Schreder & Brandt requests that the City reject Gradetech’s protest and proceed with award of the contract to low bidder Schreder & Brandt.

Sincerely,

COOK BROWN, LLP
BRIAN D. BERTOSSA
BDB:kw
Enclosures
cc: Schreder & Brandt Construction
Michelle Wright, VP of GradeTech Inc.,([email protected]) Item 5.8
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Declaration of Carolyn Atkinson
I, Carolyn Atkinson, declare as follows:

1. I am the General Manager of Schreder & Brandt Mfg, Inc. I make this declaration in support of Schreder & Brandt's response to the bid protest submitted to the City of Livermore by Gradetech, Inc. protesting the award of the contract to Schreder & Brandt as the low bidder on the Springtown Community Park and Disc Golf Course City Project No. 202319 Project ("Project'') for the City of Livermore. As the General Manager of Schreder & Brandt I reviewed the bid documents and was actively involved in the preparation of Schreder & Brandt's bid. I have personal knowledge of the matters stated herein and can testify to the same if called upon.

2. Attached hereto are true and correct copies of the following documents:

Exhibit 1- Schreder & Brandt's bid submitted on the Project.

Exhibit 2-Gradetech's bid on the Project.

Exhibit 3 -Notice to Bidders and Instructions to Bidders.

Exhibit 4 - Email dated June 23, 2025 between me and City of Livermore Senior Civil Engineer Roberto Escobar regarding correction of mathematical errors in the bid amount and providing a Subcontractor List containing Percent of Project Work information.

Exhibit 5 - Spreadsheet identifying work to be self-performed.

Exhibit 6 - Subcontractor List containing Percent of Project Work information for listed subcontractors which was attached to an email sent to Roberto Escobar on June 23, receipt of which was confirmed by Roberto Escobar.

Exhibit 7 - The City's June 25 Response to Gradetech' s Protest Item 5.8
Public Comment
1351

3. The deadline for submission of bids was Thursday, June 19, 2025 at 2:30 pm. I was working remotely on the bid and we had an employee at the City's offices finalizing the bid for submission. Subcontractors were still sending quotes to us very close to 2:30 so we were working very quickly to provide numbers to our employee who was at the City's offices entering the final numbers in the bid prior to submission. After bid opening on July 19, our employee at the bid opening informed me that Schreder & Brandt was low bidder and Gradetech was second low bidder with a bid of $5,764,358.97.

4. Late Friday afternoon on June 20, 2025 I received a call from City of Livermore Senior Civil Engineer Roberto Escobar. He introduced himself and confirmed Schreder was the apparent lowest bidder. He stated that the Gty would be willing to accept our bid if we could accept the City's correction of mathematical errors which reduced the bid by $64,463.65 from $5,451,415.21 to $5,386, 951.50. I assured him that we would accept the lower bid amount. He said he would be sending a follow-up email on Monday, June 23.

5. On Monday, June 23 at 11:48 am I received the email attached as part of Exhibit 4 from Roberto Escobar informing that the Gty had calculated our bid to be $5,386,951.50 rather than the figure of $5,451,415.21 recorded on our bid, a reduction in our bid of $64,463.70. He asked if it was a detriment. I responded by email that we were in agreement with his total of $5,386,951.50.

6. On June 23, 2025 at approximately 10:14 am Roberto Escobar phoned me and asked that I provide Percent of Project Work information for subcontractors missing from a column on the Subcontractor List. At 11:30 am on June 23 I emailed him the completed -2-
Item 5.8
Public Comment
1352
information requested and Mr. Escobar confirmed receipt of the information by email at 12:57 on June 23.

7. During the bidding process we were aware of the requirement to selfperform over 30% of the project work and were making our accepting subcontractor quotes with the intention of not seeking quotes on work we intended to self-perform. For example, we did not solicit a quote from an earthwork subcontractor because we knew we would be self-performing that work, which we identified as $692,000 of work on the bid schedule.

8. Exhibit 7 is a chart showing the Bid Item amounts for the self-performed work not included in subcontractor scopes of work. I had this chart created in our office to display the numbers in a way that is easy to reference. The numbers used reflect the mathematical corrections made by the City to our bid reducing the amount of the bid.

Schreder & Brandt holds an /1 A" and "B" contractor's license. We have a long history of self-performing a variety of work, including earthwork,. excavation, rough and fine grading, site work and underground utilities.

9. On June 23 I requested a copy of Gradetech' s bid from the City. On June 25 I received the copy attached as Exhibit 2.
-3"."
Item 5.8
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10. On June 25 I received an email from the Oty attaching the City's response to Gradetech's protest. A copy is attached as Exhibit 7.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on June 26, 2025 at Hailey, Idaho.
-4-
Item 5.8
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1354
~XHIBIT 1
Item 5.8
Public Comment
1355

BID PROPOSAL
Springtown Community Park and Disc Golf Course
CIP 202319
~'-0 \'>T' c. . ("Bidder") hereby
submits this Bid Propo al to The City of Livermore ("City~) for the above-referenced project ("Project") in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced therein.

1. Base Bid.

Bidder proposes to perfonn and fully complete the Work for the Project as specified in the Contract Documents, within the ime q!!,irt; for full .completion of the Work, for the following price ("Base Bid"):$ /... I' . (Price in numerals) The Base Bid is comprised of the nit pr cing show on the Bid Schedule, the next section of these Contract Documents, which Is incorporated into and made a part of this Bid Proposal. Bidder must fully complete and submit the Bid Schedule in order for its bid to be complete. ·

2. Contractor Work Percentage
The Contractor must perform at least 30 percent of the Work on the Project, calculated as a percentage of the base bid price. with its own forces. excepting the amount of the original base bid price for •specialty items• as designated by the letter S on the Bid Schedule form. The remaining Work may be performed by qualified Subcontractor(s)

3. Addenda.

Bidder acknowledges receipt of the following addenda:

Addendum: Date Received: Addendum: Date Received:
#01 (\1411 ,20~ #05 :r0~ 1: . {g; ')(>~
#02 roy 21, 2-/>d'5:"° #06 :ro~\ fd-, ::><>??"
#03 Vl17" 3P; ~~ #07 ...1 LI~c 1&, . ;Ji)~
#04 :'.rQ~~ :.2 . ~~ #08 fJ.-

4. Bidder's Warranties.

By signing and submitting this Bid Proposal, Bidder warrants the following:

4.1. Examination of Contract Documents.

Bidder has thoroughly examined the Contract Documents, and represents that, to the best of Bidder's knowledge there are no errors, omissions, or discrepancies in the Contract Documents subject to the limitations of Public Contract Code, Section 1104.

Livermore Contract Documents, page 13
Bid Proposal
I
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Item 5.8
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4.2. Examination of Worksite.

Bidder has had adequate opportunity to examine the Worksite and local conditions at the Project location.

4.3. Bidder Is Quallfled.

Bidder is fully qualified to perform the Work.

4.4. Responsibility for Bid.

Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed Bid.

4.5. Safety Compliance.

Bidder has carefully reviewed the "Safety Provisions• requirements of the Contract Documents and independently determined, that if awarded the Contract, Bidder is able to and will ensure that its safety programs and practices meet or exceed all safety requirements applicable to the Project required by any and all local, state and federal laws and regulations.
\

4.6. Bid Proposal Truthful
By signing and submitting this Bid Proposal, Bidder verifies under the penalty of perjury pursuant to the laws of the State of California that every statement of fact is true, Including but not limited to every representation in the Bid Proposal, Bid Schedule, Subcontractor List, and Bidder's Questionnaire.

5. Award of Contract.

By signing and submitting this Bid Proposal, Bidder agrees that if City staff determines that Bidder is the Apparent Low Bidder, that Bidder will do all of the following within ten calendar days following City's issuance of the ALB Notice to Bidder:

5.1. Execute Contract.

Contractor will execute the Contract with City, offering to perform the Contract in accordance with the terms of this Bid Proposal, by signing and submitting to City all copies of the Contract prepared by City using the form included with the Contract Documents and included with the ALB Notice;

5.2. Submit Required Bonds.

Contractor will submit to City a payment bond and a performance bond, each for 100 percent of the Contract Price and a warranty bond for 15 percent of the Contract Price, using the bond forms provided and In accordance with the requirements of the Contract Documents; and
Livermore Contract Documents, page 14
Bid Proposal
l
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Item 5.8
Public Comment
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5.3. Insurance Requirements.

5.4. Contractor wm submit to City the Insurance certificate(s) and endorsement(s).as required.by the Contract Documents. Bid Security As a guarantee that it will perform its obligations under Bidder's Warranties of this Bid Proposal, Bidder is enclosing bid security in the amount of ten percent of its maximum bid amount in the following form:
__ A cashier's check or certified check payable to City and issued by ___________________ in the amount of $ ; w
L A bid bond, using the Bid Bond form included with the Contract Documents, payable to City and executed by a surety licensed to do business in the State of California.

6. Bid certifications
This Bid Proposal is hereby submitted on TJ ~ I 'l , 2~and was signed in the California City/County of ~ . The person signing this Bid Proposal verifies that every statement in the Bid Proposal and all accompanying documents submitted by Bidder are true, under the penalties of perjury pursuant to the laws of the State of California.
s:natuv4/· :Sx.~cUW L-. cSc~tlt.0£1Z. Name [Print]
s/
Signature
Name [Print] Title [ Print]

END OF BID PROPOSAL
Livermore Contract Documents, page 15
Bid Proposal
Item 5.8
Public Comment
1358
CALIFORNIA JURAT GOVERNMENT CODE§ 8202
A notary publlc or other officer completing this certificate verifies only the Identity of the lndlvldual who signed the document to which this certificate Is attached, and not the truthfulness. accuracy, or validity of th at document.

State of California
Countyof Bu ~ c
P/oce Notary Seal and/or Stamp Above
Subscribed and sworn to (or affirmed) before me on
this \ °'~"" day of ~ .......... t.

Date Month
, 2032_, by
Year
(I) SeY' ;v·J. k. s<C-\... C<.L .. /
(and(2) ____________ ),
Name{s) of Slgner(s)
proved to me on the besls of setlsfactory evidence to
be the person(s) who appeared before me ..

Signature _'?--_--~---oc1fY'=......._ ___ -_ ---_-__ Signature of Notary Public ......--------------- OPTIONAL --------------~
Completing this Information ca~ deter alteration of the document or fraudulent reattachment of this form to on unintended document.

Description of Attached Document
Title or Type of Document _ ...... B: ......... ·, ..... ,l,...___.......,.e t ...... r"""'""' ~--------------- Document Oete: _ _ _____________ Number of Pages:------ Slgner(s) Other Than Named Above:----------------- ---- C>2019 National Notary Association
Item 5.8
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: .-·)
.... __ ...
-._)

CITY OF LIVERMORE
COMMUNITY DEVELOPMENT DEPT. /ENGINEERING DIV.

ADDENDUM NO. 1
TO THE
Springtown CtHnmunity Park and Disc-Golf Course, City Project No. 202319

IN THE CITY OF LIVERMORE
May 14,2025
This addendum consists of one (1) page total including this page, amending the plans and specifications. All prospective bidders for the above referenced project are to be aware that the following changes, additions, and/or clarifications shall be included as an integral part of the contract plans and specifications for the above referenced project and that they are bound by all conditions set forth therein.

THE BIDDER SHALL SIGN AND INCLUDE THIS FORM . IN HIS SEALED BID PACKAGE AND/OR FILL IN THE ADDENDA NUMBER IN SECTION 3, PAGE 13 OF

THE CONTRACT DOCUMENTS AND INITIAL AS ACKNOWLEDGEMENT OF RECEIPT. FAILURE TO INCLUDE THIS FORM AND/OR FILL IN THE ADDENDA

NUMBER IN THE PROPOSAL FORM MAY BE CAUSE FOR THE DISQUALIFICATION OFWSBID.

Roberto Escobar
Associate Civil Engineer
cSc~f(L ~ ~fVtFr,. frJC..

Tu~f- 1~ ~~ . Date t
Please make the following changes:

AD1-ltem 1:

Company Name
Gf.~tv10 z_. ~~
.-v~~~,Q&l<
Bidder's attention is directed to Division Zero Technical Specifications, Notice Inviting Bids,

Change the non-mandatory bidders' conference date from May 15 to Thursday, May 22, 2025 at 10 AM.

END ADDENDUM NO. 1

Springtown Community Park and DO Course CIP 202319. Addendum No. I Item 5.8
Public Comment
1360
")

CITY OF LIVERMORE
COMMUNITY DEVELOPMENT DEPT. /ENGINEERING DIV.

ADDENDUM NO. 2
TO THE
Springtown Community Park and Disc-Golf Course, City Project No. 202319

IN THE CITY OF LIVERMORE
May27,2025
This addendum consists of one (1) page total including this page, amending the plans and specifications. All prospective bidders for the above referenced project are to be aware that the following changes, additions, and/or clarifications shall be included as an integral part of the contract plans and specifications for the above referenced project and that they are bound by all conditions set forth therein.

THE BIDDER SHALL SIGN AND INCLUDE THIS FORM IN ms SEALED BID PACKAGE AND/OR FILL IN THE ADDENDA NUMBER IN SECTION 3, PAGE 13 O:F

THE CONTRACT DOCUMENTS AND INITIAL AS ACKNOWLEDGEMENT OF RECEIPT. FAILURE TO INCLUDE TIIlS FORM AND/OR FILL IN THE ADDENDA NUMBER IN THE PROPOSAL FORM MAY BE CAUSE FOR 11IE DISQUALIFICATION OFWSBID.

Roberto Escobar
Senior Civil Engineer
T Jc\C... l 7 I "}W-5
Date ·

Springtown Community Parl< and DG Course CIP 202319, Addendum No.2 Item 5.8
Public Comment
1361
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Please make the following changes:

AD2-Item1:

Bidder's attention is directed to Division Zero Technical Specifications, Notice Inviting Bids,

Change the construction substantial completion period to the following:

3.2 Time for Completion.

The planned timeframe for Substantial Completion of construction of the Project is 262 Working Days after the commencement date stated in the Notice to Proceed. Final Completion of the Project is planned to be -30 Working Days after the date of Substantial Completion.

AD2 - It.em 2:

Bidder,s attention is directed to Division Zero Technical Specifications1 Contract, Page 31.

Add the attached bid contract page missing bid contract documents:

END ADDENDUM NO. 2
Attached: Contract, Page 31
Page2 of2
Springtown Commllllity Park and DG Course CIP 202319, Addendum No.2 Item 5.8
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1362

CITY OF LIVERMORE
COMMUNITY DEVEWPMENT DEPT. /ENGINEERING DIV.

ADDENDUM NO. 3
TO THE
Springtown Community Park and Disc-Golf Course, City Project No. 202319

IN THE CITY OF LIVERMORE
May30,2025
This addendum consists of Thirty (30) pages total including this page, amending the plans and specifications. All prospective bidders for the above~referenced project are to be aware that the following changes, additions, and/or clarifications shall be included as an integral part of the contract plans and specifications for the above-referenced project and that they are bound by all conditions set forth therein.

THE BIDDER SHALL SIGN AND INCLUDE Tms FORM IN HIS SEALED BID PACKAGE AND/OR FILL IN THE ADDENDA NUMBER IN ~ECTION 3, PAGE 13 OF

THE CONTRACT DOCUMENTS AND INITIAL AS ACKNOWLEDGEMENT OF RECEIPT. FAILURE TO INCLUDE TIDS FORM AND/OR FILL IN THE ADDENDA

NUMBER IN THE PROPOSAL FORM MAY BE CAUSE FOR THE
DISQUALIFICATION OF ms BID.

Roberto Escobar
Senior Civil Engineer
-s-~ t1 ,')D$
Date

Springtown Community Parle and DG Course CIP 202319, Addendum No.3 0 Item 5.8
Public Comment
1363
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Please make the folJowing changes:

ADJ-Item 1:

Bidder's attention is directed to Division Zero Technical Specifications, Subcontractor List, Page 23, Subcontractor List Section.

Add Electrical Subcontractor to the list by the General Contractor:

The General Contractor shall list an Electrical Sub-Contractor for Bid Item 1.11.

AD3-Item2:

For the Springtown Disc Golf Course Subproject, the General Contractor shall not open the Disc Golf Course until the Springtown Community Park is deemed acceptable for public access. The Park needs to be accessible, so the Disc Golf Course access for the First and Eighteenth Hole would be Safe.

ADJ-Item 3:

For the Springtown Community Par~ the City in coordination with the Public Restroom Company estimate the delivery date of the Prefabricated Restroom around February 27, 2026, and to take 3 to 4 four days to install.

For the Disc-Golf Course, the City in coordination with Pacific Playground estimate the delivery date of the 1 hexagonal rigid structure and 4 cantilever sail shade structures with foundations around November 10, 2025 at the earliest, and take one month to install.

Springtown Community Park and DG Course CIP 202319, AddendumNo.3 Item 5.8
Public Comment
1364
,.
;"\ 1 AD3 - Item 4:
. \
_)
) ·-. ./
The following drawings and specifications have either been revised or changed for the Springtown Community Park listed below:

1. GS 102 -Appendix item removed from plans to avoid confusion.

2. GS 103 - Appendix item removed from plans to avoid confusion.

3. CGlOl - Striping linework added/Grading adjustments/Rubber mound detail referenced

4. CG102 - Striping linework added

5. CG202 - Bluebell Striping Plan sheet added

6. CUlOl - Irrigation LineworkAdded/Utility line callouts added

7. CU201 - Irrigation Linework Added

8. CU502 - Manifold Water Meter Modified Installation detail added

9. LC102-Appendix item removed from plans to avoid confusion. Reference to different curb types added around the parking lot.

10. LC505 - Detail 4 added for the extruded asphalt curb at the parking lot. Detail 5 added for rolled curb and gutter.

11. LC507 - Clarifications added to the play mound design on detail 1.

12. ZC101-Notes added for shade structure and restroom, updated image to match plans.

13. ZC 102 Notes added for shade structure.

14. LP102-Appendix item removed from plans to avoid confusion. 1 S. Site Furnishing Spec - 32 3 3 00 - product updated for picnic tables.

AD3-ltem 5:

The following drawings have either been revised or changed for the Springtown Disc Golf Course listed below:
l. CG 101 - Location and callout of RRFB Activation Push Button changed/Clear space and Slope standards added to RRFB Callout/Clear Width standards added to Case D Curb Ramp Callout/Case D Curb Ramp linework, adjusted

2. CG 102 - Clear space and Slope standards added to RRFB Callout/Clear Width standards added to Case D Curb Ramp Callout/Case D Curb Ramp linework adjusted

3. CG104- Clear Width standards added to Case D Curb Ramp Callout/Case D Curb Ramp linework adjusted

4. CG 105 - Clear Width standards added to Case D Curb Ra.111p Callout/Case D Curb Ramp linework adjusted

5. LCS02-Notes added to shade structure detail 2/LC502.

Springtown Community Park and DG Course CIP 202319, Addendum No.3 Item 5.8
Public Comment
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CITY OF LIVERMORE
COMMUNITY DEVELOPMENT DEPT. /ENGINEERING DIV.

ADDENDUM NO. 4
TO THE
Springtown Community Park and Disc-Golf Course, City Project No. 202319

IN THE CITY OF LIVERMORE
June2,202S
This addendum consists of Two (2) pages total including this page, amending the plans and specifications. All prospective bidders for the above-referenced project are to be aware that the following changes, additions, and/or clarifications shall be included as an integral part of the contract plans and specifications for the above-referenced project and that they are bound by all conditions set forth therein.

THE BIDDER SHALL SIGN AND INCLUDE THIS FORM IN HIS SEALED BID PACKAGE AND/OR FILL IN THE ADDENDA NUMBER IN SECl10N 3, PAGE 13 OF

THE CONTRACT DOCUMENTS AND INITIAL AS ACKNOWLEDGEMENT OF RECEIPT. FAILURE TO INCLUDE THIS FORM AND/OR FILL IN THE ADDENDA

NUMBER IN THE PROPOSAL FORM MAY BE CAUSE FOR THE
DISQUALIFICATION OF ms BID.

Roberto Escobar
Senior Civil Engineer
epre ntative
s~~ 2-. ~~a.

Page I of2
Springtown Community Park and DO Course CIP 2023 I 9, Addendum No.<I Item 5.8
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1366
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Please make the following changes:

AD4-Item 1:

Bidder's attention is directed to Division Zero Technical Specifications. Notice Inviting Bids, Page 1. Section 1 Bid Information
Change the date of Bid Opening to the following:

The City of Livermore ("City") will accept sealed bids for its Springtown Community Pa1·k and Disc Golf Course CIP 202319 ("Project"), which shall be date and time stamped by the City Clerk's time clock by or before June 19, 2025, at 2:30 p.m., at:

Page2of2
Springtown Community Park and 00 Course CIP 202319, Addendum No.4 Item 5.8
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1367

CITY OF LIVERMORE
COMMUNITY DEVELOPMENT DEPT. /ENGINEERING DIV.

ADDENDUM NO. 5
TO THE
Springtown Community Park and Disc-Golf Course, City Project No. 202319

IN THE CITY OF LIVERMORE
June6,2025
This addendum consists of Ninety-Three (93) page total including this page, amending the plans and specifications. All prospective bidders for the above referenced project are to be aware that the following changes, additions, and/or clarifications shall be included as an integral part of the contract plans and specifications for the above referenced project and that they are bound by all conditions set forth therein.

THE BIDDER SHALL SIGN AND INCLUDE TIDS FORM IN ms SEALED BID PACKAGE AND/OR FILL IN THE ADDENDA NUMBER IN SECTION 3, PAGE 13 OF

THE CONTRACT DOCUMENTS AND INITIAL AS ACKNOWLEDGEMENT OF RECEIPT. FAILURE TO INCLUDE TIDS FORM AND/OR FILL IN THE ADDENDA

NUMBER IN THE PROPOSAL FORM MAY BE CAUSE FOR THE DISQUALIFICATION OF HIS BID.

Roberto Escobar
Senior Civil Engineer
Tv~~ \ 11 2-c).$'
Date
Pagel of3
Springtown Community Park and DG CouTlie CIP 202319, Addendum No.S Item 5.8
Public Comment
1368
Please make the following changes:

ADS~Item 1:

Add the WDID Number: 2 01C407279 to the Contract Bid Plans, Specifications, and SWPPP.

ADS-Item 2:

Bidder's attention is directed to Division Zero Technical Specifications, Livennore Contract Documents, Page 16, Bid Schedule:

Replace the Contract Bid Schedule with the revised Contract Bid Schedule as attached.

ADS-Item 3:

Bidder's attention is directed to Division Zero Technical Specifications, Instructions to Bidders,

Replace the Contract Bid Bidders Questionnaire with the new Contract Bid Bidders Questionnaire as attached.

ADS-Item 4:

The following drawings and specifications have either been revised or changed for the Springtown Community Park listed below:

1. ZCI 02 - Note 5 added to provide electrical coordination for shade structure.

2. GSIO l - Bid Alternate Note updated to indicate Bioretention alternate.

3. CU101- Revised note 14 for clarity

4. LCIO l - Added removable bollards (2) added at primary entiy

5. LCI 02 - (1) Removable bollard removed and (2) shifted at W corner of parking lot.

6. LC I 03 - Note 5 added to provide electrical coordination direction for shade structure.

7. LC30l - CaJlouts updated to indicate mow curb, slide, bench, and planter locations, triangular planter shifted to accommodate

8. LC302 - Callouts updated to indicate Comhole locations

9. LC504- Detail 5 updated to show wood header

10. LPOOI - Tree species changed

11. LP 101 - The Tree species in the triangle planter changed

12. LP102-Altemate community garden extents removed

13. LH 01 ~ Irrigation shifted per planter shift.

Page2of3
Springtown Community Parle and DO Course CIP 202319, Addend11111 No.S Item 5.8
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1369
ADS "Item S:

The foll&wing-dr-awings have either-been-revised or-changed for-the Springtown Disc GolfCourse listed below:

1. LC I 01 -Note 6 added to provide direction on clear and grub extents.

2. CGlOI -Revised note for clarity

3. CGl02-Revised note for clarity

4. CG105 -Revised note for clarity

5. CGl 02 - Revised. note for clarity

6. CG l 04 - Revised note for clarity
ADS-Item 6:

Responses to bidders RFls, questions, and clarifications.

END ADDENDUM NO. 5

Springtown Community Park and DG Course CIP 202319, Addendum No.S Item 5.8
Public Comment
1370

CITY OF LIVERMORE
COMMUNITY DEVELOPMENT DEPT. /ENGINEERING DIV.

ADDENDUM NO. 6
TO THE
Springtown Community Park and Disc-Golf Course, City Project No. 202319

IN THE CITY OF LIVERMORE
June 12, 2025
This addendum consists of One Hundred and Twenty Three (123) page total including this page, amending the plans and specifications. All prospective bidders for the above referenced project are to be aware that the following changes, additions, and/or clarifications shall be included as an integral part of the contract plans and specifications for the above referenced project and that they are bound by all conditions set forth therein.

THE BIDDER SHALL SIGN AND INCLUDE THIS FORM IN HIS SEALED BID PACKAGE AND/OR FILL IN THE ADDENDA NUMBER IN SECTION 3, PAGE 13 OF

THE CONTRACT DOCUMENTS AND INITIAL AS ACKNOWLEDGEMENT OF RECEIPT. FAILURE TO INCLUDE TIDS FORM AND/OR FILL IN THE ADDENDA

NUMBER IN THE PROPOSAL FORM MAY BE CAUSE FOR THE DISQUALIFICATION OF HIS BID.

Roberto Escobar
Senior Civil Engineer
'°.Ivr-\'-
Date
\I / ~

Springtown Ccrnmun.ity Parlt and DGCourse C1P 202319, Addendum No.6 ~~·1-.~~a..
~~Sl0~N1
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Item 5.8
Public Comment
1371
Please make the following changes:
- AD6 - Item 1:

Bidder's attention is directed to Division Zero Technical Specifications, Livermore Contract Documents, Page I 6, Bid Schedule:

Replace the Contract Bid Schedule with the revised Contract Bid Schedule with the attached revised Contract Bid Schedule. For this addendum, changes are in bold annotation style.

AD6-Item 2:

Bidder's attention is directed to Division Zero Technical Specifications, Instructions to Bidders,

Replace the Contract Bid Bidders Questionnaire with the new Contract Bid Bidders Questionnaire as attached.

AD6-Item 3:

Add the attached revised Geotechnical Report of April 3, 2025 to Appendix E.

AD6-Item 4:

Responses to bidders RFls, questions, and clarifications.

AD6-Item 5:

The following drawings and specifications have either been revised or changed for the Springtown Comm unity Park listed below:
l. CG102

2. CUJOl

3. CU201

4. LCOOl

5. LC102

6. LC301

7. LC501

8. VlOl

9. Section 06 1000 - Rough Carpentry

10. Section 31 2316 - Excavation

11. Section 31 2316.13 -Trenching

12. Section 32 9300 - Plants
AD6-Item 6:

City Clarification - The City will not issue any additional addenda and will hold the established bid opening on June 19, 2025.

END ADDENDUM NO. 6

Springtown Community Parle and DO Course CIP 20231 !ii, Addc:r1dwn No.6 Item 5.8
Public Comment
1372

CITY OF LIVERMORE
COMMUNITY DEVELOPMENT DEPT. /ENGINEERING DIV.

ADDENDUM NO. 7
TO THE
Springtown Commwiity Park and Disc-Golf Course, City Project No. 202319

IN THE CITY OF LIVERMORE
June 13, 2025
This addendum consists of Thirty Three (33) pages in total, including this page, amending ·the plans and specifications. All prospective bidders for the above-referenced project are to be aware that the following changes, additions, and/or clarifications shall be included as an integral part of the contract plans and specifications for the above-referenced project and that they are bound by all conditions set forth therein.

THE BIDDER SHALL SIGN AND INCLUDE THIS FORM IN ms SEALED BID PACKAGE AND/OR FILL IN THE ADDENDA NUMBER IN SECTION 3, PAGE 13 OF

THE CONTRACT DOCUMENTS AND INITIAL AS ACKNOWLEDGEMENT OF RECEIPT. FAILURE TO INCLUDE THIS FORM AND/OR FILL IN THE ADDENDA

NUMBER IN THE PROPOSAL FORM MAY BE CAUSE FOR THE DISQUALIFICATION OF lilSBID •
~~
.. /J: I + ~ J
Roberto Escobar
Senior Civil Engineer
'S .J~~ L 1 ?o;t5
Date 1

Springtown Community Park and DO Course CIP 202319, Addendum No. 7 Item 5.8
Public Comment
1373
Please make the following changes:

AD7-ltem 1:

Bidder's attention is directed to Division Zero Technical Specifications, Livermore Contract Documents, Page 16, Bid Schedule:

Replace the Contract Bid Schedule with the revised Contract Bid Schedule with the attached revised Contract Bid Schedule. For this addendum, changes are in bold annotation style.

AD7-Item 2:

Disregard the statement on Addendum #6 Item 2 regarding the revised Bidders Questionnaire. Use the revised Bidders Questionnaire issued with Addendum #5.

AD7-Item 3:

See attached responses to bidders RFls, questions, and RFCs.

AD7-Item 4:

The following specifications have either been revised or changed for the Springtown Community Park listed below:

1. Section 32 1543 - Decomposed Granite Paving

2. Section 32 9219 - Seeding

3. Section 32 9305 - Landscape and Irrigation Maintenance AD7-Item 5:

City Clarification - The City will not issue any additional addendum or answer to any additional RFls and RFCs.

END ADDENDUM NO. 7

Springtown Community Parle and DG Course CIP 202319, Addendum No.6 Item 5.8
Public Comment
1374

BID SCHEDULE
The bidder must P.rovide unit prices for each bid item listed below, based on the specified unit of measure. The uoit price for each item must include !1J. of the bidder's costs and markup, including labor, materials, equipment, supplies, insurance, taxes, overhead and profit. In the far right column, provide the unit total for each item, calculated as the product of the unit price multiplied by the estimated quantity.

Enter the sum of all unit total amounts as the total and enter that amount in numeric form as the Base Bid Total on the Bid Proposal form. The form below, a submitted by Bidder, shall be known as the "Bid Schedule."
A. Springtown Community Park Bid Schedule
Bid
Item

1.1 1.2

1.3 1.4

1.5 1.6

1.7 1.8

1.9 1.10
Description
Pro' ect Commencement
Mobilization and Site
Pre aratlon
Surveying and Construction
Stakin
Temporary Traffic Control
S stem
Storm Water Pollution
Prevention Plan
Clearing, Grubbing, Demolition
and Removal
Grading and Earthwork
Utility and Stonn Drainage
Im rovements
Sanitary Sewer Systems
Potable Water Systems
Fire Hydrant and Fire Water
Service Line
Storm Drainage Systems

1.1 OA Bioretention

1.11 Electrical Allowance
Ete" x r1or I mprovemen ts

1.12 Poured -In-Place Rubber
SurfacinQ

1.13 Decomposed Granite Paving
w/ stabilizer

1.14 Walk On Mulch At Community
Garden
Livermore Contract Documents, page 16
Bid Schedule Addendum 7
Unit Quantity
LS 1
LS 1
LS 1
LS 1
LS 1
LS 1
LS 1
LS 1
LS 1
LS 1
LS 1
LS 1
SF 10,200
SF 12,984
SF 4,647
~
Unit Price Bid Item Total
?7,l~!I -,7,fot?#
7fl! /!/; 7 'tJ
ll ~0 J l1 (J(J{)
I~ 710 l?,71P
),{II/It! ;;u1 ot'IJ
6 q;.t
r
$300,000.00 $300,000.00
31, ~I J~ P1171 .16
7,G~ ~ 1, ~ 7'1 'iY.
)/11 9'17} Ji
Item 5.8
Public Comment
1375
Bid Description Unit Quantity Unit Price Bid Item Total Item

1.15 Soil Stabilization at Parking LS 1 ~1'1 14/J1'f lot

1.16 Concrete paving - pedestrian SF 8,111 14; JJ 1117, ~ !{ Asphalt concrete paving - .

1.17 SF 10,033 ~J.! pedestrian le& #J/ &.Jff
Wood header at pedestrian .

1.18 asphalt LF 3,750 Ji; fl 19,447

1.19 Concrete paving - vehicular SF 6,016 t\ I J~6t ] Jb Border log - salvaged from I

1.20 site and Citv EA 6 J!t/ lfOfJ

1.21 8" W x 611 D Curbs (Mow Curb LF 1,148 -8 .. W> f;J.d / '(i4, 7'1J11.

1.22 8" W x 15" D Curbs (Play Curb
At Rubber Surfacing - 8" W> LF 418 bb jf ;;,z af ~ 1.23 8" W x 19" D Curbs (Play Curb At Engr Wood Fiber - 811 W) LF 178 6/J! 14,tt// ~ 1.24 Parking Lot Curb LF 405 6~!4 46. 4/11'

1.25 Concrete Seat wall LF 35 /JJ() Rl f..J~ '1Jl i4

1.25A Anti-Graffiti Coating LS 1 l tJ?J 1~/J

1.26 Engineered Wood Fiber
Surfacin!l (EWF) SF 3,670 &Jf ~. atfepll
Chain Link Fence - t>~ . 1.27 Communitv Garden LF 375 l~l.417 Chain Link Single Gate - . 1.28 EA 1 Communitv Garden llnf.f J.1%{ Chain Link Double Gate -, -,

1.29 Communitv Garden EA 1 1...1.11~ L//1tJ
ADA stalls (striping, symbols

1.30 stall, detectable warning EA 2
surface. L-flJtJ 41i J,f[l ramps)
Rubber to EWF transition (3'
d619 6j 1.31 wide concrete strip with LF 148
formwork) }7!!
Site Furnishin s
Prefabricated Rest Room

1.32 Building & Shade Structures LS 1
Coordination 37~

1.33 Bike rack EA 8 167>'

1.34 Bench Type 1- Backed EA 5 J'i? 1
--J ~

1.35 Bench Type 2 - Backless EA 7
Livermore Contract Documents, page 17
Bid Schedule Addendum 7
Item 5.8
Public Comment
1376
Bid Description Unit Quantity Unit Price Bid Item Total Item

1.36 Greenbed Planters LS 1 M/1 i1 I 14t. J1/

1.37 Storage Shed & Compost Bins LS 1 J/J~ fl )J~J jj

1.38 Table Type 1 EA 3 ~14 fll/ ~6

1.39 Table Type 2 EA 6 ~37 E.JitJIJ

1.40 Table Type 3 EA 1 1d'tl 11 '1f 1A/J f.I.

1.41 Table Type4 EA 6 1),61~ !L. l/'7, 4fq M

1.42 Table Type 5 EA 4 'J'i~l JJ I i-f. a "JO q,/

1.43 Table Type 6 EA 2 ~rt(Jti!. 7qJJ; !l4

1.44 Table Type 7 EA 2 ~JtJI 41 it, i.1 o I ~

1.45 Waste Receptacle EA 12 ,,I'! 'M. 11.467 Mt

1.46 Bollard, Removable .EA 6 a/71 J1 IP~-, t1 6~ "

1.47 Park Signage EA 1 - Fitness and Pia .

1.48 Com Hole EA 4 'b7' .,,./(}
- 1.49 Table Tennis EA 1

1.50 Climbing Equipment LS 1 · 1!:J.

1.51 Multigenerational Musical LS 1 E ui ment

1.52 Decals on Concrete Allowance LS 1 $20,000.00 $20,000.00

1.53 Fitness Equipment LS 1 t7 '!a

1.54 Play Equipment LS 1 9-
Landsca and lrri ation
Irrigation System/Modifications

1.55 of existing system (assumes LS 1 existing water connection and ower source 5'1#t? to be used

1.56 Irrigation - lawn and planting SF 108,680 ,p,7 Ll'f areas

1.57 Lawn - Delta Bluegrass SF 32,234 ,;I

1.58 Eco-Lawn SF 14,502

1.59 Restoration turf (estimate)- SF 24,000 use lawn seed ,i Livermore Contract Documents, page 18
Bid Schedule Addendum 7
Item 5.8
Public Comment
1377
Bid Description Unit Quantity Unit Price Bid Item Total Item

1.60 Trees (15 gallon) EA 49 J1'i Ji lljf'ff )J

1.61 Trees (24" box) EA 21 f1~Lj jJ /?.75~ 'fJ1

1.62 Shrubs - 1 gallon EA 267 /ti, '1t. J~~$ JB

1.63 Groundcover - 1 gallon EA 360 6: '14 1~~ 3#" ·~

1.64 Soil Prep and top soil SF 108,680 ' 41 1G 141 {fifl j

1.65 Bioretention planting - MP and SF 9,000 ~71 ~ "?, t/)'fJt/ ~ Phase 1 site

1.66 Mulch SF 28,944 ' 71 4fl. t./ If~ 12

1.67 Est. Period & Landscape LS 1 Maintenance f Vj'j/I 1ljllf (120 Davs) Bl ue bell D r mI provemen ta

1.68 Flashing Beacon Relocation EA 2 d~ OtlJ ¥ L-f ~ (l{J5 7~

1.69 Pedestrian button relocate LS 1 at:b /'03 :)6 a'l 111 ~

1.70 New ADA Curb Ramps EA 1 6711.0 63/t

1.71 Detectable Warning Surface EA 1 117164 s " 1'16~ ~

1.72 Sign and Post EA 1 ?Jlt1 511~

1.73 Not Used - - $0.0 $0.0

1.74 Curb Striping LF 150 I 1,41 /77t'.,

1.75 Pedestrian Island EA 4
't!iJ 11, u. l?J. !j)L/,111

1.76 Bus-Stop Relocation LS 1 61576 !}:t 6f'f6 I'/
Allowances

1.n Project Conflicts and LS 1 $200,000.00 $200,000.00 Coordination Allowance

1.78 Community Additional 16 LS 1 $120,000.00 $120,000.00 Garden Plots Allowance A. Springtown Community Park Bid Schedule Total: $ i.~ 1 ¥61 {"i4, L-j ~ Livermore Contract Documents, page 19
Bid Schedule Addendum 7
Item 5.8
Public Comment
1378
B. Oise Golf Course Bid Schedule
Bid
Item

2.1 2.2

2.3 2.4

2.5 2.6

2.7A

2.78 2.7C

2.8 2.9

2.10 2.11

2.12 2.13

2.13A

2.14 2.15
Description
G enera IR equ1remen ts
Mobilization and Site
Preparation
Surveying and Construction
Staking
Temporary Traffic Control
System
Temporary Erosion Control
Clearing, Grubbing,
Demolition and Removal
Sawcut Asphalt/Concrete
Concrete Removal
Curb and Gutter Demolition
Clear and Grub
Demo and Dispose of (3)
Bollards
Gradin and Earthwork
General Earthwork -
Excavation, radin ex ort
Utility and Storm Drainage
Im rovements
Storm Drainage Systems
Etrl x a or I mprovemen t s
Tee off concrete pads
(pedestrian rated 6ft x12 ft per
hole)
Disc Golf basket and concrete
footing
Sig nage (one per hole)
Seeding and soil prep ~
replacement in kind
Pyramid Basket
S"te I F urns i h" 1nas
Prefabricated Shade Structures
Coordination
Bench - Outdoor Creations
411 SK-84" backless & est install
Livermore Contract Documents, page 20
Bid Schedule Addendum 7
Unit Quantity Unit Price Bid Item Total
LS 1 1dd/l i11(JCJ
LS 1 ~S1v }fCrJ
LS 1 "'/) llJ lj 13()
LS 1 5flt1} C)/14
LF 1,900 1 J.!t 67JP
SF 2,600 ? f"/ q)#l-j
LF 211 o/ J.l q·tff 1tl
SF 6,880 i:U 141 77.i!
EA 3 f../J~ I~ JI
LS 1
. LS 1 Alli
SF 1,300 'JJU 551 ttF'l .u:.

EA 19 114/J JJJ lf ~tJ
LS 1 //))/If lliJJI
'
LS 1 'i%J/ ti; ¥1>/
LS 1 /Jil JJ I
LS 1 '/)'If! ~vvo
EA 17 a~I J../~ 7i5 70b l'1
Item 5.8
Public Comment
1379
Bid Description Unit Quantity Unit Price Bid Item Total Item

2.16 Park Slgnage Outdoor creations
701 and estimated instal1 EA 1 1@ 1#.!. ~q7 ~
Street Crossin Disc Golf

2.17 Flashing Beacon EA 4

2.18 New ADA curb ramps EA 7

2.19 Detectable Warning Surface EA 7

2.20 Sign and Post EA 8

2.21 Traffic Flexpost EA 8

2.22 Road Striping LF 1,000

2.23 Replacement Sidewalk SF 150

2.24 1 O' wide trail with 3' Clearance LF 330 /li Pl e! on each side
Allowance

2.25 Project Conflicts and LS 1 $80,000.00 $80,000.00 Coordination Allowance B. Disc Golf Course Bid Schedule Total: $ 7 /d, b1 71
Base Bid Schedule (A+B) Total:
(Price stated in numeric format} $ B ~t?f; '1 JJ:., 4 j (Price stated in words) ] {1(; !1 /J/!/1 [dvL l/vJtt?zt/ ~/JI¥ ~ JhfMP.n'/ . I ~ /11'ndrtf :/Ito-; Award of project's construction contract will be based on Base Bid Total qtf/ ..f.4>11J (fnp Livermore Contract Documents, page 21
Bid Schedule Addendum 7
Item 5.8
Public Comment
1380
BID AL TERNA TES:
c. Bid Alternate No.1 Schedule - Asphalt Parking Lot
Bid Item Descri tion Unit Quan ti
BA 1.1 Asphalt Vehicular Paving SF 11,700
BA 1.2 Standard Parking Space ·EA 22 J1 Stri in
BA 1.3 Bioretention excavation, gravel SF 100
BA 1.4 Bioretention planting SF 100
BA 1.5 Mulch SF 100
BA 1.6 Soil prep and top soil SF 100
Base Bid Deductions - Bid Altemate 1 Asphalt Parking Lot Bid Item Description Unit Quantity Unit Price
BA 1.7 Temporary parking lot-gorilla LS 1 lit/6f snot - MATERIAL BA 1.8 Temporary parking lot-Prep SF 11,700 Jlt1f gorilla snot and stabilized soil BA 1.BA Extruded Asphalt Curb LF 250 '$$
BA 1.88 Vehicular Concrete SF 900 dJ}""'
Bid Alternate No.1 (C) Total=: $ 74I 4'1~ ~
D. Bid Alternate No.2 Schedule - DG1 Bushy Peak Tee Pads Bid
Item Description Unit
BA 2.1 Clear & grub, curb demolition SF
BA 2.
2 Tee off pads (pedestrian rated SF
concrete 6ft x12 ft er hole
BA 2.
3 Seeding and soil prep -
re lacement in kind LS
Quantity Unit Price
1,300
1,300
1 Bid Alternate #DG2 Field Fit Placement of Boulders and Logs BA2.4 Boulders- salvaged from City EA 20 fl ~ BA2.5 Log - salvaged from site and City EA 24 ·177 Item Total
71 l(;J
Vf ICJ
"fo/ ~
~
Bid Item
Total
111111
L/f !f
-;;,Oi"O
14 111 /!,IL
"
Item Total
~
If d lftb
l
f;lld ti
Bid Alternate No.2 (0) Total = : $ ____ ......_ _ __ _

END OF BID SCHEDULE
Livermore Contract Documents, page 22
Bid Schedule Addendum 7
Item 5.8
Public Comment
1381
,,,

SUBCONTRACTOR LIST
For each Subcontractor who will perform a portion of the Work in an amount in excess of one-half of 1 % of the Bidder's total Contract Price, or for street, highway or bridge construction for of $10,000 or more, the bidder must use this form and list the Subcontractor, describe the work, the Subcontractor's California contractor's license, Department of Industrial Relations ("DIR") Number, the location of its place of business and the percentage of the Work the Subcontractor will perform.

Print legibly. Illegible fonns may be rejected as non-responsive .

Livermore Contract Documents, page 23
Subcontractor List
...., ..
· · t:icense: N __
. • . 'lli.i;
lf£l'f11 I dt1t11otJ'b J
t'fc_ I l.)4
'6W71'q
c
lfJft/411
5rJ1'1oo
7/7 itf4 I }.PO(JO} 71 fJl
tpl't;qtf b I JOPIJ16 1"1

END OF SUBCONTRACTOR LIST
"11
"'fh1tchlfe I (14
Lf5
I •• 1a ·,.,, .. (Jf\ -r-·
'1w,
C,f
l wflh'lt CACA
·
,.u1 1vi"rt/ CJ
Item 5.8
Public Comment
1382

NONCOLLUSION DECLARATION
California Public Contract Code, Section 7106
Title 23, United States Code, Section 112
(To be executed by bidder and submitted with bid)
Pursuant to California Public Contract Code, Section 7106, the undersigned declares: I am the :8k, 2 Ob.)'< of ' arty making the
foregoing bid. •
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or Indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not In any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

Additionally, to comply with the requirements of Title 23, United States Code, Section 112, I declare, on behalf of the bidder, that the bidder has not, either directly or indirectly, entered into any agreement, participated In any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with its efforts to earn the award of the Contract bid upon.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on "'fc..>~ l 112e2>[date], at ~ city], <!A [state]
--- C> _ _ '--'~--~=--ld. ___ Name and Title [print]

END OF NONCOLLUSION DECLARATION
Livermore Contract Documents, page 24
. Non-collusion Declaration
i
I
I
i
I I
l
Item 5.8
Public Comment
1383
t
CALIFORNIA JURAT GOVERNMENT CODE § 8202
U! 11&3 WWWlbddhMBi"SQ 111Lli8S UUH1JM 16 B 9
A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document State of California
County of i ..... \\ t-
..

IC. CARMICHML·BU!U. .. Notary Pubtlc • C1tlfornl• I Butt. County .. Commission I Z-4616'49 j 6 6 My Com:· !:P!•s: t 21, 20!J f Place Notary Seal and/or stamp Above
subscribed and sworn to (or affirmed) before me on
this \ 1 -' "" day of ----~-......:::; ""'-'-"''""'""-----• 20 ""2.. S by Date Month Year
(1) S e....r ... c) L . .:;. '-\.. ,,J.,</
(and(2) ),
Name(s) of Stgner(s)
proved to me on the basis of satisfactory evidence to
be the person(s) who appeared before me.

Signature \l.c: , Y>.. 0:

Signature of Notaty Public
~------ ------- OPTIONAL --------------~
Completing this Information Cctf! deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Oescrlptfon of Attached Document
Title or Type of Document !;-' o ti\ • C. e \ \ .. 5 •. ,, "' Document Cate: _______________ _ Number of Pages: _____ _ Sfgner(s) Other Than Named Above:------------'------------ 6 D e B a • § ij ij g Pll)ll(bll088IJ e D - .. B BB Ul!8 111! 8ll Elll e .. 8 8 JO BIJIOlll}I l e u 8 0 2019 National Notary Association
•
Item 5.8
Public Comment
1384

BIDDER'S QUESTIONNAIRE
SPR1NGTOWN GOMMUNi:nY~~p,AfiK~~NB?:OIS~G'.0'14fffC.QMRSE PROJECT Project Number 202819
Submission of a completed Bidder's Questionnaire with the sealed Bid Proposal is required for the above-referenced Project. City may use the completed Questionnaire to evaluate the bidder's qualifications for this Project. The Questionnaire must be filled out completely, accurately, and legibly with all responses contained within this form. Any errors, omissions, or misrepresentations in completion of the Questionnaire may be grounds for rejection of the bid or termination of a Contract awarded under the bid. No additional Information submitted outside of the format of this form will be accepted as responses to these questions.

1. General Information
Bidder Name: f 1Bidder") _s_ch_re_der_&_er_an_d_t Mtg ____ ._ln_c. ____ ____ _ Check One: L Corporation--- - -----------
-Partnership ----------- --- -
~Sole Proprietorship -----------~
Joint Venture of: ~---~~------~
Other: ---~-------~~~~-
Address: 180 East 4th St. Suite 100. Chico, CA95928
Phone: sso-as9-1104
Fax: sso-899-2683
Owner of Company:_s_e_ward _ L_._s_ch_re_de_r ____________ _ Contact Person ...;;. arolyn ""---'""' tkl_nson --------------- Contractors License Number(s): _1a_4_129 ___________ _
Expiration Date: _o_ct._s_1,_202_1 _ ________ _ ___ _ _

Project 202319, Addendum S
Item 5.8
Public Comment
1385

2. Bidder's Experience.

Provide responses on labelled separate sheet concerning the following:

2.1. Years In business. How many.-years has Bidder been in business under Its present business name?
30 Years

2.2. Similar projects. Has Bidder completed projects similar in type and size to this Project as a genera I contractor?
x Yes --'------ -~--
No

2.3. Disqualifications. Has Bidder ever been disqualified on grounds that it is not responsible? ff yes, provide additional information regarding the disqualification, including, but not limited to, the name and address of the agency or owner of the subject project, the type and size of the project. the reasons that Bidder was disqualified as not responsible, and the month and year In which the disqualification occurred.

Yes ---- X No ............_ __ _
If yes, provide additional information regarding the disqualification, including, but not limited to, the name and address of the agency or owner of the subject project, the type and size of the project, the reasons that Bidder was disqualified as not responsible, and the month and year in which the disqualification occurred below:

Project 202319, Addendwn 5 ":ti:" - ,-~.·
-- -. .-~;;
Item 5.8
Public Comment
1386

2.4. Terminations. Has Bidder ever been terminated from a construction project, either as a general contractor or as a subcontractor? If yes, provide additional information regarding the termination, including, but not limited to, the name and address of the agency or owner-of the-subject project, the type and size of the project, whether-Bidder was under contract as a general contractor or a subcontractor, the reasons that Bidder was terminated, and the month and year in which the termination occurred.

Yes ---- -'--'x=---__ No
If yes, provide additional information regarding the termination, including, but not limited to, the name and address of the agency or owner of the subject project, the type and size of the project, whether Bidder was under contract as a general contractor or a subcontractor, the reasons that Bidder was terminated, and the month and year in which the termination occurred below:

2.5. Past Projects. Provide information about Bidder;s past projects performed as general contractor as follows:

2.5.1. Three most recently completed public works projects within the last five years;

2.5.2. Three largest completed projects within the last three years; and

2.5.3. Any project which is similar to this Project.

Page3 ofll
Project202319, Addendum 5
Item 5.8
Public Comment
1387
1 of 3 most recently completed public works projects within the laat five years:

Thomas Edison Site Work -Phase 1
1)ProjectName= ~~~~~~~~~~~~~~~~~~~~~-
1267 Southgate Ave. Daly City , CA 94015
Owner Contact ArchitectJEngineer
Owner (Name and Current Architect/Engineer Contact
Name (Name and Current Phone Number} _PhQne Number)
Jefferson Bill Heath r\tUQI II ltl
Elementary 650-991-1346 Weston Miles Bradley
Architects 408-963-3410
School District
Description of Proiect. Scope of Work Performed
Demo of 3 existing courtyards , replaced with new concrete pavillion areas , new aspalt at parking lot & play area , site accessories & landscaping Construction Initial Contract Final Cost of
Manager Value (at time of Construction Original Scheduled (Name and Current (including change Completion Date
Phone Number) bid award) orders)
Sam Carlson 1,720,000 1,720,000 8-15-2023 925-766-1460
Number and Amount of
Time Extensions Actual Date of Amount of filed Liquidated Granted (number of Completion Stop Notices or Damages
days) Mechanic's Liens Assessed Against
Contractor
ZERO 8-15-2023 NONE NONE
Nature and resolution of any claim, lawsuit, or arbitration between Bidder and the Owner

_______ Proj~~.f.02319, Addendum 5
----··-·". - .... ···--
•
Item 5.8
Public Comment
1388
2 of 3 most recently completed public works projects within the last five years:
2) Project Name: Fernando Re=ivera Track & Field
Location: 1255 Southgate Ave Daly City CA 94015
Owner Contact Architect/Engineer
Owner (Name and Current Architect/Engineer Contact
Name (Name and Current Phone Number) Phone Number)
Jefferson Elementary Bill Heath Weston Miles Katarina Bradley School District 650-991-1346 Architects 408-963-3410
Descriotion of Proiect, Scooe of Work Performed
Excavation, Grading and installation of a DG Track & Natural Turf Field and other site Improvements
Construction Initial Contract Final Cost of
Manager Value (at time of Construction Original Scheduled (Name and Current (Including change Completion Date
Phone Number) bid award) orders)
Sam Carlson 1,992,000 2,053,181 Sept. 19,2023 925-766-1460 Number and Amount of
Time Extensions Actual Date of Amount of filed Liquidated Granted (number of Completion Stop Notices or Damages
days) Mechanic's Liens Assessed Against
Contractor
Zero Sept. 19, 2023 NONE NONE
Nature and resolution of any claim, lawsuit, or arb~ration between Bidder and the Owner
Pages of11
Project 202319, Addendum 5
Item 5.8
Public Comment
1389
3 of 3 most recently completed public works projects within the last five years:
3)ProjectName: ~___,. rffl ca ln ·m fn ro1ect se ------ ----- L ti 233 Hobbs Ave - Vallejo , CA 94589
oca on: ~~~~~--~--------~--~----------~~~~-----
Owner Contact Architect/Engineer
Owner (Name and Current Architect/Engineer Contact
Name (Name and Current Phone Number) Phone Number)
Vallejo USO Nick Driver ADEIS Derek Wong 415-0302-0062 Archidects 626-456-3799 Description of Proiect Scope of Work Performed
Site Work associated with installation of 8 Modular Buildings & one restroom building including pads . Underground utilities, playground improvements Construction Initial Contract Final Cost of
Manager Value (at time of Construction Original Scheduled {Name and Current (including change Completion Date
Phone Number) bid award} orders)
Frank
Gonsales 1,049,000 1,049,000 11-11-2022
323~422 9129
Number and Amount of
Time Extensions Actual Date of Amount of fifed Liquidated Granted. (number of Completion Stop Notices or Damages
days) Mechanic's Liens Assessed Against
Contractor
ZERO 11-11-2022 NONE NONE
Nature and resolution of any claim, lawsuit, or arbitration between Bidder and the Owner
Page6 ofll
Project 202319, Addendum 5
Item 5.8
Public Comment
1390
1 of 3 largest completed public works projects within the last three years:
1) Project Name: JFK SAFETY SITE WORK
Location: 785 Price Road - Daly City, CA 94014
Owner Contact Architect/Engineer
Owner (Name and Current Architect/Engineer Contact
Phone Number) Name (Name and Current
Phone Number)
Jefferson Bill Heath Weston Miles Katarlna
Elementary School 650991-1346 Architects Brandley
District 408-963-3410
Description of Project, Scope of Work Performed
New Parking Lot , Fire Lana , Fencing around school campus , Landscaping , Admin Building remodel
Construction Initial Contract Final Cost of
Manager Value {at tine of Construction Original Scheduled (Name and Current (including change Completion Date
Phone Number) bid award) orders)
Sam Caison 2,550,740 2,550,740 Aug. 9,2024
925-766-1460
Number and Amount of
Time Extensions Actual Date of Amount of filed Liquidated Granted (number of Completion Stop Notices or Damages
days) Mechanic's Liens Assessed Against
Contractor
August 9,2024 NONE NONE ZERO
Nature and resolution of any claim, lawsuit, or arbitration between Bidder and the Owner

Project 202319, Addendum 5
Item 5.8
Public Comment
1391
2 of 3 largest completed public works projects within the last three years:
2) Project Name: Fernando Rivera ·Thomas Edison Safetv Site Work Location: 1255 Southgate Ave. Daly City, CA 94015
Owner Contact Architect/Engineer
Owner (Name and Current ArchitectJEng ineer Contact
Name (Name and Current Phone Number) Phone Number)
Jefferson Elementary Bill Heath Weston Miles Katarina Bradley School District 650~991-1346 Architects 925· 766-3410
Description of Project, Scope of Work Performed
I >emo & replacement of parking Lot , New Pick up and drop off lanes , Shade Structures , POT t pgrades , Fencing around 2 school campuses , new play equlptment & playground upgrades , 1 ew concrete pavillion, Flag Pole &b handrails
Construction Initial Contract Final Cost of
Manager Value (at time of Construction Original Scheduled (Name and Current (including change Completion Date
Phone Number) bid award) orders)
Sam Carlson 7,560,000 8,231,961 811412024 925-766-1460
Number and Amount of
Time Extensions Actual Date of Amount of filed Liquidated Granted (number of Completion Stop Notices or Damages
days) Mechanic's Liens Assessed Against
Contractor .

ZERO 8/2412024 NONE NONE
Nature and resolution of any claim~ lawsuit, or arbitration between Bidder and the Owner
Page8of11
Project 202319, Addendum 5
Item 5.8
Public Comment
1392
3 of 3 largest completed public works projects within the last three years:
3) Project Name: Brown Vallev . Callison . & Cooper ES lmorovements Project Location: 3 School Sites noted above In Vacaville , CA
Owner Contact Architect/Engineer
Owner (Name and Current Architect/Engineer Contact
Phone Number) Name (Name and Current
Phone Number)
Vacaville USO Dan Banowitz Rainforth +Grau Jennifer Huang 707-453·6114 805-286-7451
Description of Project Scope of Work Performed
~ ;1assroom Technoledgy Improvements in 3 schools , accessability and POT Improvements ,Site , ork & Parking lot improvements
Construction Initial Contract Final Cost of
Manager Value (at time of Construction Original Scheduled (Name and Current (including change Completion Date
Phone Number) bid award) orders)
Windy Buller 3,868,480 3,868,480 8/17/2022
Number and Amount of
Time Extensions Actual Date of Amount of filed Liquidated Granted (number of Completion Stop Notices or Damages
days) Mechanic's Liens Assessed Against
Contractor
ZERO 8/1712022 NONE NONE
Nature and resolution of any claim, lawsuit, or arbitration between Bidder and the Owner
Page9of 11
Project 202319, Addendum 5
Item 5.8
Public Comment
1393
Any project which Is almllar to this Project (If moN than one, ·p1ea1e copy this form):

Rotary centennial Park
Project Nam•= ~~~~~~~~~~~~~~~~~~~~~~~
CHico, CA 95973
Owner Contact Architect/Engineer \ Architect/Engineer Contact Owner (Name· and Current Name (Name and Current Phone Number) Phone Number) Chico Area Recreation Ann Willmann Melton Design Group Patrick Farrar & Park Corporation 530-895-4711 530-899-1616
·'
Description of Project Scope of Work Performed
Construction of a new park including, gradfngpfayground features, turf, picnic areas, concrete sideways, site lfghting and Irrigation.

Construction Initial Contract Final Cost of
Manager Value (at time of Construction Original Scheduled (Name and Current (including change . Completion Date
Phone Number) bid award) orders)
Carolyn Atkinson $ 1.440,682.00 $1,680,621.00 March 4, 2021 479-295-0221
Number and Amount of
Time Extensions Actual Date of Amount of filed Liquidated Granted (number of Completion. Stop Notices or Damages
days) Mechanic's Liens Assessed Against
Contractor
0 March 4, 2021 0 0
'
Nature and resolution of any claim, lawsuit. or arbitration between Bidder and the Owner
NIA

Project 202319, Addendum 5
Item 5.8
Public Comment
1394

3. Verification
I, the undersigned, .declare that I am duly authorized to sign and submit this Bidder's Questionnaire on behalf of the named Bidder, and that all response and information set forth here and in the attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission. I DECLARE UNDER PENAL TY OF PERJURY

UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORR?~
Signature: 1.L4L--UL Date: :S:Vs--\ ~ 111 20 :J.-£
By [name, title]: I -!7~~f@ 'L. ~cu.e.~cuz..... 112~><~ For[nameofBidder]: "'6cµ.e.~y~ ~ , ~Dr Wlfu. ~c ..

Signed in the California City/County of: ~~£ cJls7

END OF BIDDER'S QUESTIONNAIRE

Project 202319, Addendum 5
Item 5.8
Public Comment
1395
,.

CALIFORNIA JURAT GOVERNMENT CODE § 8202
IJOBWI EBO 0 B IJ ESH DHH !ii 6U3l •HUH
A notary public or other officer comp1etlng this certificate verifies only the Identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or valldlty of that document State of Callfornla
County of ~ .... ~ <~
1···········ttf K. CAIWICHAEL·BU!LL
... •· ~ Maury Public· California 1 I Butte County ~
~ • Camm1sskN\ * l46i64t l ~ MY Comm. Exl>J:' Ott 21;:og Place Notary Seal and/or Stamp Above
Subscribed and sworn to (or affirmed} before me on
this \)~"'- day ot _\"-'1c1..,...V\..,_._.1 _ _ _ , 20 ""l-5 by Date Month Year
(1) £ r>H "le 1 L • $ c\,._, C: it./
(and(2) _____________ ),
Name(s) of Slgner(s)
proved to me on the basis of satisfactory evidence to
be the person(s) who appeared before me.

Signature tt"..-- 0 o.--.. - • <:: Signature of Notary Public · Completing this information can, deter alteration of the document or fraudulent reattachment of this form to on unintended document Description of Attached Document
Titre or Type of Document '"'-'- ~ .... 1'"""'1"""'"' ..._r_.$,____,Q~"'~" ......... • -~""'"· .... 0~"'~<11. ~>~~1~e-< ---- ---- - Document Date: ________ ___ _ _ ___ Number of Pages: - - ----- Slgner(s) Other Than Named Above: - - ----------------- - - e u 1.i am NUB 8'1J B r 'J.!IJUBUS Al !I & a lfUE UBHOIB C>2019 National Notary Association
Item 5.8
Public Comment
1396

BID BOND
Schreder & Brandt Mtn. Inc. f 'Bidder") has submitted a bid, dated June 19 • 20 25 ("Bid"), to City of Livermore, California ("City") for work on the Springtown Community Park and Disc Golf Course, City Project No. 2023-19 ("Project"). Under this duly executed bid bond ('1Bid Bond"}, Bidder as Principal end Endurance Assurance Corporation , Its surety ("Surety"), are bound to City as Obligee in the penal sum of ten ( 10) percent of the maximum amount of the Bid (the •eond Sum''). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severaUy, as follows:

1. General.

FoUowing the City's issuance of the Apparent Low Bid Notice f 'ALB Notice"), Bidder will execute the Contract in accordance with the terms of the Bid.

2. Submlttals.

Within ten days following issuance of the ALB Notice to Bidder, Bidder must submit to City the following:

2.1. Contract. All copies of the Contract form included with the ALB Notice, duly executed by Bidder.

2.2. Payment Bond. A payment bond for 100 percent of the maximum Contract Prlce, executed by a surety licensed to do business in the State of California, using the Payment Bond form included with the Contract Documents.

2.3. Perfonnance Bond. A performance bond for 100 percent of the maximum Contract Price, executed by a surety licensed to do business in the State of California, using the Performance Bond fonn Included with the Contract Documents.

2.4. Warranty Bond. A warranty bond for 15 percent of the maximum Contract Price, executed by a surety licensed to do business In the State of California, using the Warranty Bond form included with the Contract Documents.

2.6. Insurance. The insurance c.ertificate(s) and endorsement(s) required by the Contract Documents.

2.6. Certiftcatlon(a). All certifications, if any, specified In the Instructions for Bidders.

2. 7. Other Information. Any other documents required under the Instructions for Bidders.

3. Enforcement.

Livermore Contract Documents, page 25
Bid Bond
Item 5.8
Public Comment
1397
If Bidder fails to execute the Contract and to submit the bonds and insurance certificates ·as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to City. Any notlee to Surety may be given in the manner specified in the Contract and dellvered or transmitted to Surety as follows:

Attn: Joel Lee - Endurance Assurance Corporation
Address: 4 MANHATIANVILLE ROAD
City/State/Zip: PURCHASE, NY 1 osn
Phone: (914) 468-SOOOFax:

Email: Joel lee - [email protected]

4. Duration; Waiver.

If Bidder fulfils its obligations under Section 2, above, then this obligation will be null and void; otherwise it will remain in full force and effect for 90 days after the bid opening or until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the provisions of Civfl Code, Sections 2819 end 2845.

This Bid Bond is entered into and etfectiv& on _Jun_e _ _ 16 _____ , 2025 .

SURETY:

Endurance Assurance £%:'.'n
.Name: Erin Brown
.Title: Attorney-In-Fact
·(Attach Acknowledgement, Notary Seal, and Attorney-In-Fact Certificate) CONTRACTOR:

SChreder& Brwldl ~=4
Title:

Livermore Contract Documents, page 26
Bid Bond

END OF BID BOND
.'I ., ·. I '
. 11. : 'I fl J •
' } -.j . I I
.'/ '
Item 5.8
Public Comment
1398
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189
A notary public or other officer completing this certificate verifies only the identity of the lndMdual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles
on lllN 1 6 2825
Date
before me, __ E __h ..... a .... n._S .... oe ......... ct----=-o .... r ...... N __ o,....t-=a""""ry.___P .... u=b=llc=------ - - Here Insert Name and ntte of the Officer Personally appeared--=E::;.;n;...:;'n;.;...;:;;B;..;r..;:o...:..w'"'"n..;..__ ______________________ _ Name(s} of Slgner{s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(les}, and that by his/her/their slgnature(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument.

Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph rs true and correct.
::myhz;ml~
Signature of Notary Pub/Jc
··------------------····-···--------· OPT10NAJ.----------------------------------· Though this section Is optional, completing this lnformotron can deter afteration of the document or fraudulent reattachment of this form tu on unintended document.

Description of Attached Document
Title or Type of Document ____ _________ Document Date - - -------- Number of Pages _______ Slgner(s)OtherThanNamed Above ___________ _ Capacity(les) Claimed by Slgner(s)
Slaner's Name - ----------- S1Sner's Name --------- ----- [J Corporate Offlcer-Tltle(s)_. ____ __ []Corporate Offlcer-Tltte(s)=-------- C Partner C Limited C General Cl Partner 8 Umlted [j General .

CJ lndlvidual E) Attorney In Fact CJ Individual Attorney In Fact []Trustee []Guardian or Conservator C)Trust•e .. Guardian orConservator Cl other Cl0ther ____________ _
Signer Is Representing ________ _ Siener Is Representing _______ _ _ _ _ Item 5.8
Public Comment
1399
., SOMPO INTERNATIONAL
INSUHMlCli . POWER OF ATTORNEY
2775
KNOW All BY THESE PRESENTS, !hat Endurance Assurance Corporation, a Delaware corporatioo, End11nmce A.rnerlc:an Insurance companlf, a Delaware corporalion, Lexon Insurance Company, a Texas OQIPOl'allon, and/or Boncl Safeguard lnaurance Company, a SoUlh Dakola corporation, each, a 'COrnpanv" and c:oUectiYOly, 'Sompo International,' do hereby constitute and appoJnt Janina Monroe, Timothy Noonan, Jennifer G. Ochs, Charles R. Teter Ill, Etfn Brown, D. Garcia,. B. Aleman, KO Wepllllo, Marina Tapia, Edward c. Spector, Shan Spector, Aidan Smock, Usa Crall, Simone Gerllard, Rechel A. Mullen, Sarah Catt1pbtH, Jaren A. Marx, Sandra Corona, Nathan Varno Id as 1rue and laWful Atfnrnay(a)4n-Fai:t to make, execute, &eat, and deliver for, and on lie behmf aa surely°' co-surety; bonds and undertsldngs given for any and all plr'poees, alao to execute and deliver on its behalf as afoc8S81d renewals, extenaion:I, agreemerts, watvera, consents or stipulations relali!lg to such bonda or undertakings pro~ec!, however. lhat no single bond ot undertaking so mad~ executed and de!lv$red ehall obllgste the Company for~ portion ot lhe penal sum thereof In excess of the sum d One Hundred Mllllon Dottars ($10(),000,000.00).

Such bonda and undertaking& tor &aid purpoaee, when duly exeaJled by sakl attamey(s)-ln-fac:t. shaJ be bltlding upon Iha Company 86 fully and lo the same extent as if signed by the President or the Company under ils corporato seal attested by its Corporate Se¢re!ary.

This appointment is made under and by authontv d certain resoMions adopted by the sole shareholder of each Company by unanimous written c:onsen! effective the 16"' day l>f June. 2019, a copy of whleh appears befa.y under the heading entitled 'Certificate•.

Thia Power of Jlilomey is signed and sealed by facelmlle under and by eulhorif:y of the followlng resoh.idon adopted by the so!a shareholdar of each Company by unanimolls Written oonsant elfedive the 16'1' day of JI.Ile, 2019 and said resofullon has not 81tkl8 been revoked, emended or repealed:

RESOLVED, that the si;Jnalure of an incf1Vld1.1al named above and the seal of lhe Company may ba afllxed to any such pawer of attorney or any cartifala relaUng thereto by fac;lnjle, and any sueh pcwer of attorney oroertlllcate bearing such faesimie signature or Beal shall be valid and binding upon Ill& Company in Iha future with respect lo any bond or undertaking to which it rs attached.

IN 'MTNESS WHEREOF, each Company has causea this lnstnrnent to be signed t>v the follcw.ing offtcers, and Its corporate seal to be affixed 1hls 1 ~ day of June, 2019.

I, the undenligned Officer of each Compa"f, DO HEREBY CERTIFY that

1. Thal Ille orlglnal powerotattcmev ofwhidl the foregoing Isa COP'/ was duly ~don bahelfof each Company and has llCltsince been revoke<! amended ormociftlld; that 1he under3gned has compared the foregoing oopy thereor with !ha origlnar po.ver of attorney, ancl lhal the same ls a true and correct (1)f1I d the original power of attorney ancl ot the Whole thereof,

2. The following ar& resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effettlve June 15, 2019 and said resolu\005 have not since been revokOO, ameOOed or modified:
"RESOLVED, that each of the indMduals named belor.Y la authorized to make, execute, 8eal and delH&r for and on behalf of the Company any end all bonds, intertaldngs or obllgatlons In surety or co-surety With others: RICHARD M. APPEL, BRIAN J. BEGGS, CHRISTOPHER DONELAN, SHARON L SIMS, CHRISTOPHER L SPARRO. MARIANNE L IMLBERT
; and be It further
RESOLVEO, that each of1he lnclMduels named above Is authorized to appolntattomeys-ln-fact for the purpose of maid~. executing, &Gallng and def111erlng bonds. uroertaklngs or obtgations In surety or co-surety for end on behelf of the Company."

3. The undeniigt18d further certifies that the above resciutions ere me and wmict COfll• of the rosolulions <jil.jMJ.~~v~ IN WITNESS WHEREOF', I have hereunto set my hand and affixed the COIJ)Olate aeel lhl$ r==Ji=~tl/J~:t.1tt°~J5'~:-:'.:o' ....... - NOI!CI!: U, A, TREASURY QEPARJMENT'I Qff!CE QP FOREJGN ASSETQ ~QNTROI. <OE!.9! No oov-ge I• provided ~ lhls Notice not o•n it bt oonstrued to replace any pl'Cl\ll'lons al any eumy llOnd orolherturety coveiage provldad. Tlili"Nc~ ~lda~tion.:iO..cemlng poMllJ!e Impact on your surety OOVW1ge dw to directive• 1881/ed by OFAC. PIHae ni•d thle Nott<:• oeretully, ~ _ . , The Oftlca d Foreign AMeta Cantrel (OFAC) admlnlslBrs and enforoea sandlor1s pcllc:y, baaed 11n P111slclonlia! deelarallOns of ·nabona! emergancf • ...Ql:i.\lt bai\;ld~illed and llsllld numen>111foreign1gem., front oraanfzalion•. termrisla, t.trulllt organlzallona, end~~ .. 'Spedally OeslQnated Na Boneta end Bloeked Pertonll'. 'Thia fi•I can be fOc:ated on 116 Yllltecl Stet.a T,..1auiy'1 website - b11Ds·ttwwwtwawy,govke!!!!J!'9!t:9!0lc!lon!!ISQN.uat.

In ac:eordi!once Wltll OFAC reguldona, ff I ls determined that yo11 Of any other petson or enltv Clalmlng Ila benefits d 1111y cowragci has vlolaled U.S. aandions law or la• Specially Oeslgllated Ndollal and Blocked Per.on, Hld•Rtlied by OFAC, any~ragewlllbe coneldeted a blackedorfroancontraolandaU pl'Olllelonsot anycovera11e plOllfded lll'elmmedialefy aubjeoUo OFAC. \Mien a 4U!&ty bond or other folm Of surety ~llfll'BQB la ccnsld118d lo be audl a blocfcud or ffQZln contl"IOI, no paymell!S nor premium refunds may be made wilholll eulflol'Wilkln ftom Of'Ae. Olherllmlletlona on Ille premiums and paymenta may elao ~YAny reproduction• ant void.

Surety Claim• Subnlle•lo11: t...gonClajmAdmlnlatratlon@!ompo·hl!l.com Tel1pho11e1; 816-$53-9500 Malllng AddrH~ Sompo lntematfonal; 1%890 Lebanon Road; MountJullet, TH 37122·2870 Item 5.8
Public Comment
1400
,.

CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
E TJIJ1J01lBE jBailfl:CIBi81HgaEE 60 8J[)lfi8S P 8J8888BDDBD8SOOBBBBt B8BDB 3 8SM BB !11118 A notary public orotherofrlcer completing this certificate verifies only the klentity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of \3 .... ~ C }
On ) ""'"' e.. \ 'l ~"' 'Z..o '? S before me, .. c.. \\ Date Here lnserl Name and Title of the Offic
personafly appeared ~S_e._w _____ >~l~~~-- .-~S~e-- J. c--../~----------- Name(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(ies). and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. ~············1
..

K. CARMICIWL .. tm.L
.. lfotaty Mlle • Clllfornl• I I eutt. Caunty .. Ccmm.tsston I 2'161649 t u !Y Camm. El!p!NS Oc;!8· 2o:J I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal and/or Stamp Above
Signature ~
Signature of Notary Public

OPTIONAL
Completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: _ _,~~· . ....,!'-'---(}""-""o..., .. '--<),...__ ___ ___ __________ _ Document Date: Number of Pages: ___ _
Slgner(s) Other Than Named Above: ----------- ---------- Capac:lty(les) Clalmed by Slgner(s)
Signer's Name: ------------ IJ Corporate Officer - Tltle(s): ____ _ _ a Partner - a Limited a General
0 lndlvldual CJ Attorney In Fact
a Trustee a Guardian or Conservator
a Other: -------------- Signer Is Representing: -------- · e2019 National Notary Association
Signer's Name: ------------
0 Corporate Officer - Tltle(s): -------
o Partner- a Limited o General
a Individual a Attorney in Fact
o Trustee a Guardian or Conservator
a Other: ------ ------- Signer Is Representing:--------- Item 5.8
Public Comment
1401
EXHIBIT2
Item 5.8
Public Comment
1402

BID PROPOSAL
Springtown Community Park and Disc Golf Course
CIP 202319
Gro.. k.-:J e_ c..M... .. :J:;.u.-- ("Bidder") hereby
submits this Bid Proposal to The City of Livermore ("City") for the above-referenced project ("Project") in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced therein.

1. Base Bid.

Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents, within the time required for full completion of the Work, for the following price ("Base Bid"): $ ? , f o 1 L\ , p S i . g 1 . (Price in numerals) The Base Bid is comprised of the unit pricing shown on the Bid Schedule, the next section of these Contract Documents, which is incorporated into and made a part of this Bid Proposal. Bidder must fully complete and submit the Bid Schedule in order for its bid to be complete.

2. Contractor Work Percentage
The Contractor must perform at least 30 percent of the Work on the Project, calculated as a percentage of the base bid price, with its own forces, excepting the amount of the original base bid price for "specialty items,. as designated by the letter S on the Bid Schedule form. The remaining Work may be performed by qualified Subcontractor(s)

3. Addenda.

Bidder acknowledges receipt of the following addenda:

Addendum: Date Received: Addendum: Date Received:
#01 5.-[ ~ - t.-S" #05 IP - 10 • 25
#02 2: - Z::J - z..5" #06 6-1z..-z.s-
#03 5->t.-?.) #07 b-, 3- -Z..)
#04 ~ - z.~ is- #08

4. Bidder•s Warranties.

By signing and submitting this Bid Proposal, Bidder warrants the following:

4.1. Examination ·of Contract Documents . ... i
Bidder has thoroughly examined the Contract Documents, and represents that, to the best of Bidder's knowledge· there are no errors, omissions, or discrepancies in the Contract Documents subject to the limitations of Public Contract Code, Section 1104. . ' Livermore Contract Documents, page 13
Bid Proposal ·
Item 5.8
Public Comment
1403

4.2. Examination of Worksite.

Bidder has had adequate opportunity to examine the Worksite and local conditions at the Project location.

4.3. Bidder Is Quallfled.

Bidder is fully qualified to perform the Work.

4.4. Responslbillty for Bid.

Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed Bid.

4.5. Safety Compliance.

Bidder has carefully reviewed the •safety Provisions" requirements of the Contract Documents and independently determined, that if awarded the Contract, Bidder is able to and will ensure that its safety programs and practices meet or exceed all safety requirements applicable to the Project required by any and all local, state and federal laws and regulations.

4.6. Bid Proposal Truthful
By signing and submitting this Bid Proposal, Bidder verifies under the penalty of perjury pursuant to the Jaws of the State of California that every statement of fact is true, including but not limited to every representation in the Bid Proposal, Bid Schedule, Subcontractor List, and Bidder's Questionnaire.

5. Award of Contract
By signing and submitting this Bid Proposal, Bidder agrees that if City staff determines that Bidder is the Apparent Low Bidder, that Bidder will do all of the following within ten calendar days following City's issuance of the ALB Notice to Bidder:

5.1. Execute Contract.

Contractor will execute the Contract with City, offering to perform the Contract in accordance with the terms of this Bid Proposal, by signing and submitting to City all copies of the Contract prepared by City using the form included with the Contract Documents and included with the ALB Notice;

6.2. Submit Required Bonds.

Contractor will submit to City a payment bond and a performance bond, each for 100 percent of the Contract Price and a warranty bond for 15 percent of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents; and
Livermore Contract Documents, page 14
Bid Proposal
Item 5.8
Public Comment
1404

5.3. Insurance Requirements.

5.4. Contractor will submit to City the Insurance certificate(s) and endorsement(s) as required by the Contract Documents. Bid Security As a guarantee that it will perform its obligations under Bidder's Warranties of this Bid Proposal, Bidder is enclosing bid security in the amount of ten percent of its maximum bid amount in the following form:

A cashier's check or certified check payable to City and issued by ____________________ in the amount of $ _______ ;or
_:i,_ A bid bond, using the Bid Bond form included with the Contract Documents, payable to City and executed by a surety licensed to do business in the State of California.

6. Bid certifications
This Bid Proposal is hereby submitted on ---"-Jo~n........,;e_l_q......._ _ _ ___ , 20 is: and was signed in the California City/County of LiVE.rMo~. A\ .... ~~ . The person signing this Bid Proposal verifies that every statement in the Bid Proposal and all accompanying documents submitted by Bidder are true, under the penalties of perjury pursuant to the laws of the State of California.
"'ce pp.es Title [ Print]
s/ 3> ,l'-e ----
Signature
Name [Print] Title [ Print]

END OF BID PROPOSAL
Livermore Contract Documents, page 15
Bid Proposal
Item 5.8
Public Comment
1405

CITY OF LIVERMORE
COMMUNITY DEVELOPMENT DEPT. /ENGINEERING DIV.

ADDENDUM NO. l
TO THE
Springtown Community Park and D8c-Golf Course, City Project No. 202319

IN THE CITY OF LIVERMORE
May14,2025
This addendum consists of one (1) page total including this page, amending the plans and specifications. All prospective bidders for the above referenced project are to be aware that the following changes, additions, and/or clarifications shall be included as an integral part of the contract plans and specifications for the above referenced project and that they are bound by alJ conditions set forth therein.

THE BIDDER SHALL SIGN AND INCLUDE TIDS FORM IN ms SEALED BID PACKAGE AND/OR FILL IN THE ADDENDA NUMBER IN SECTION 3, PAGE 13 OF

THE CONTRACT DOCUMENTS AND INITIAL AS ACKNOWLEDGEMENT OF RECEIPT. FAILURE TO INCLUDE THIS FORM AND/OR FILL IN THE ADDENDA

NUMBER IN THE PROPOSAL FORM MAY BE CAUSE FOR THE DISQUALIFICATION OF IDS BID.

Roberto Escobar
Associate Civil Engineer
5- 14 - 25
Date
Please make the following changes:

AD1~Item1:

Company Name
M•«Mell.e WP.·1,n+-
-:!# v.P.

Bidder's attention is directed to Division Zero Technical Specifications, Notice Inviting Bids,

Change the non-mandatory bidders' conference date from May 15 to Thursday, May 22, 2025 at 10 AM.

END ADDENDUM NO. 1

Springtown Community Park and DG Course CIP 202319, Addendwn No.I Item 5.8
Public Comment
1406

CITY OF LIVERMORE
COMMUNITY DEVELOPMENT DEPT. /ENGINEERING DIV.

ADDENDUM NO. 2
TO THE
Springtown Community Park and Disc~GolfCourse, City Project No. 202319

IN THE CITY OF LIVERMORE
May27,202S
This addendum consists of one (1) page total including this page, amending the plans and specifications. All prospective bidders for the above referenced project are to be aware that the following changes, additions, and/or clarifications shall be included as an integral part of the contract plans and specifications for the above referenced project and that they are bound by all conditions set forth therein.

THE BIDDER SHALL SIGN AND INCLUDE TfilS FORM IN ms SEALED BID PACKAGE AND/OR FILL IN THE ADDENDA NUMBER IN SECTION 3, PAGE 13 OF

THE CONTRACT DOCUMENTS AND INITIAL AS ACKNOWLEDGEMENT OF RECEIPT. FAILURE TO INCLUDE TIDS FORM AND/OR FILL IN THE ADDENDA

NUMBER IN THE PROPOSAL FORM MAY BE CAUSE FOR THE DISQUALIFICATION OFWSBID.

Roberto Escobar
Senior Civil Engineer
Company Name
5-21-25
Date

Springtown Community Park and DG Course CIP 202319, Addendum No.2 Item 5.8
Public Comment
1407

CITY OF LIVERMORE
COMMUNITY DEVELOPMENT DEPT. /ENGINEERING DIV.

ADDENDUM NO. 3
TOTIIE
Springtown Community Park and Disc-Golf Course, City Project No. 202319

IN THE CITY OF LIVERMORE
May30,2025
This addendum consists of Thirty (30) pages total including this page, amending the plans and specifications. All prospective bidders for the above-referenced project are to be aware that the following changes, additions, and/or clarifications shall be included as an integral part of the contract plans and specifications for the above-referenced project and that they are bound by all conditions set forth therein.

THE BIDDER SHALL SIGN AND INCLUDE Tms FORM IN HIS SEALED BID PACKAGE AND/OR FILL IN THE ADDENDA NUMBER IN SECTION 3, PAGE 13 OF

THECONTRACTDOCUMENTSANDINITIALASACKNOWLEDGEMENTOF
RECEIPT. FAILURE TO INCLUDE TIDS FORM AND/OR FILL IN THE ADDENDA

NUMBER JN THE PROPOSAL FORM MAY BE CAUSE FOR THE
DISQUALIFICATION OF HIS BID.

Roberto Escobru·
Senior Civil Engineer
S-30 -25
Date
Company Name

Springtown Community Park and DG Course CIP 202319, Addendum No. 3 Item 5.8
Public Comment
1408

CITY OF LIVERMORE
COMMUNITY DEVELOPMENT DEPT. /ENGINEERING DIV.

ADDENDUM NO. 4
TO THE
Springtown Community Park and Disc-Golf Course, City Project No. 202319

IN THE CITY OF LIVERMORE
.June 2, 2025
This addendum consists of Two (2) pages total including this page, amending the plans and specifications. All prospective bidders for the above-referenced project are to be aware that the following changes, additions, and/or clarifications shall be included as an integral part of the contract plans and specifications for the above-referenced project and that they are bound by all conditions set forth therein.

THE BIDDER SHALL SIGN AND INCLUDE TIDS FORM IN ms SEALED BID PACKAGE AND/OR FILL IN THE ADDENDA NUMBER IN SECTION 3, PAGE 13 OF

THE CONTRACT DOCUMENTS AND INITIAL AS ACKNOWLEDGEMENT OF RECEIPT. FAILURE TO INCLUDE THIS FORM AND/OR FILL IN THE ADDENDA

NUMBER IN THE PROPOSAL FORM MAY BE CAUSE FOR THE
DISQUALMCATION OF ms BID.

Roberto Escobar
Senior Civil Engineer
tp -Z- 25
Date
Company Name
MIC~~~

Springtown Community Parle and DG Course CIP 202319, Addendum No.4 Item 5.8
Public Comment
1409

CITY OF LIVERMORE
COMMUNITY DEVELOP?v.IENT DEPT. /ENGINEERING DIV.

ADDENDUM NO. 5
TO THE
Springtown Community Park and Disc-Golf Course, City Project No. 202319

IN THE CITY OF LIVERMORE
June6,2025
This addendum consists of Ninety-Three (93) page total including this page, amending the plans and specifications. All prospective bidders for the above referenced project are to be aware that the following changes, additions, and/or clarifications shall be included as an integral part of the contract plans and specifications for the above referenced project and that they are bound by all conditions set forth therein.

THE BIDDER SHALL SIGN AND INCLUDE TIDS FORM IN BIS SEALED BID PACKAGE AND/OR FILL IN THE ADDENDA NUMBER IN SECTION 3, PAGE 13 OF

THE CONTRACT DOCUMENTS AND INITIAL AS ACKNOWLEDGEMENT OF RECEIPT. FAILURE TO INCLUDE THIS FORM AND/OR FILL IN THE ADDENDA

NUMBER IN THE PROPOSAL FORM MAY BE CAUSE FOR THE DISQUALIFICATION OF IDS BID.

Roberto Escobar
Senior Civil Engineer
Company Name
(p - I0 - 2S
Date

Springtown Community Park and DO Colll3C CIP 202319, Addendum No.S Item 5.8
Public Comment
1410

CITY OF LIVERMORE
COMMUNITY DEVELOPMENT DEPT. /ENGINEERING DIV.

ADDENDUM NO. 6
TO THE
Springtown Community Park and Disc-Golf Course, City Project No. 202319

IN THE CITY OF LIVERMORE
June 12, 2025
This addendum consists of One Hundred and Twenty Three (123) page total including this page, amending the plans and specifications. All prospective bidders for the above referenced project are to be aware that the following changes, additions, and/or clarifications shall be included as an integral part of the contract plans and specifications for the above referenced project and that they are bound by- aJI conditions set forth therein. ·
THE BIDDER SHALL SIGN AND INCLUDE Tms FORM IN ms SEALED BID PACKAGE AND/OR FILL IN THE ADDENDA NUMBER IN SECTION 3, PAGE 13 OF

THE CONTRACT DOCUMENTS AND INITIAL AS ACKNOWLEDGEMENT OF ·RECEIPT. FAILURE TO INCLUDE THIS FORM AND/OR FILL IN THE ADDENDA

NUMBER IN THE PROPOSAL FORM MAY BE CAUSE FOR THE DISQUALIFICATION OF HIS BID.

Roberto Escobar
Senior Civil Engineer
Date
Company Name
~JhUl11~

Springtown Community Park and DG Course CJP 202319, Addendum No.6 I f I I I
Item 5.8
Public Comment
1411

CITY OF LIVERMORE
COMMUNITY DEVELOPMENT DEPT. /ENGINEERING DIV.

ADDENDUM NO. 7
TO THE
Springtown Community Park and Disc-Golf Course, City Project No. 202319

IN THE CITY OF LIVERMORE
June 13, 2025
This addendum consists of Thirty Three {33) pages in total, including this page, amending the plans and specifications. AIJ prospective bidders for the above-referenced project are to be aware that the following changes, additions, and/or clarifications shall be included as an integral part of the contract plans and specifications for the above-referenced project and that they are bound by all conditions set forth therein.

THE BIDDER SHALL SIGN AND INCLUDE Tms FORM IN HIS SEALED BID PACKAGE AND/OR FILL IN THE ADDENDA NUMBER IN SECTION 3, PAGE .13 OF THE CONTRACT DOCUMENTS AND INITIAL AS AC~OWLEDGEMENT OF RECEIPT. FAILURE TO INCLUDE TlilS FORM AND/OR FILL IN THE ADDENDA

NUMBER IN THE PROPOSAL FORM MAY BE CAUSE FOR THE DISQUALIFICATION OF HIS BID.

Roberto Escobar
Senior Civil Engineer
\ti - \3 - i.G
Date
Company Name
f11lJuR1*~

Springtown Community Park and DG Course ClP202319. Addendum No.7 Item 5.8
Public Comment
1412

BID SCHEDULE
The bidder-must provide-unit-prices for each bid-item listed-below, based-On-the specified unit of measure. The unit price for each item must Include all of the bidderts costs and markup, including labor, materials, equipment, supplies, insurance, taxes, overhead and profrt. In the far right column, provide the unit total for each item, calculated as the product of the unit price multiplied by the estimated quantity.

Enter the sum of all unit total amounts as the total and enter that amount in numeric form as the Base Bid Total on the Bid Proposal form. The form below, a submitted by Bidder, shall be known as the "Bid Schedule."
A. SprJngtown Community Park Bid Schedule
Bid
Item

1.1 1.2

1.3 1.4

1.5 1.6

1.7 1.8

1.9 1.10

1.10A

1.11 1.12

1.13 1.14
Description
Project Commencement
Mobilization and Site
Preparation
Surveying and Construction
Stakina
Temporary Traffic Control
System
Storm Water Pollution
Prevention Plan
Clearing, Grubbing, Demolition
and Removal
Grading and Earthwork
Utility and Storm Drainage
I morovemen ts
Sanitary Sewer Systems
Potable Water Systems
Fire Hydrant and Fire Water
Service Line
Storm Drainage Systems
Bioretention
Electrical Allowance
Ext er I or mprovemen t s
Poured -In-Place Rubber
Surfacino
Decomposed Granite Paving
wl stabilizer
Walk On Mulch At Community
Garden
Livermore Contract Documents, page 16
Bid Schedule Addendum 7
Unit Quantity Unit Price
LS 1 toS,ooo .oo
LS 1 3.1\ ,SOO .OO
LS 1 5,150. 00
LS 1 SP> 11~0 . 00
LS 1 3!i2 I 21;0 . DO
LS 1 511.. tif . vi
LS 1 32 , 200 . {)()
LS 1 I "\ 1 SD . 0()
LS 1 l.11 , 21<;_()0
LS 1 252 ,oss. oo
LS 1 3D 'l.4'5 _ DO
LS 1 $300,000.00
SF 10,200 '31.Db
SF 12,984 l1 . 2.'5
SF 4,647 t. B 4·
Bid Item Total
l.P61 DOO DO
64,SOO .DO
5, '1'50 00
s?J ,vt;O.oo
:?>t.? 2 , i.so .oo
"31 I.. j 4 q '?;. (.Q 3
6 2 ,2 00.00
11 , 1. 5 0 . OD
lP1, 1..1S .OO
2i;2;0'5~ . 06
3 0 245-DD
$300,000.00
31 <P, 2 00 . OD
22 ?., '114.DO
B,S<;D. 4Q,
Item 5.8
Public Comment
1413
Bid Description Item

1.15 Soil-Stabilization· at-Parking
lot

1.16 Concrete paving - pedestrian

1.17 Asphalt concrete pavingoedestrian

1.18 Wood header at pedestrian
asphalt

1.19 Concrete paving - vehicular

1.20 Border Log - salvaged from
site and City

1.21 8" W x 6" D Curbs (Mow Curb
-8"W)

1.22 8" W x 15" D Curbs (Play Curb
At Rubber Surfacina - 8" W)

1.23 8" W x 19" D Curbs (Play Curb
At Enar Wood Fiber - 8" W)

1.24 Parking Lot Curb

1.25 Concrete Seat wall

1.25A Anti-Graffiti Coating

1.26 Engineered Wood Fiber
Surfacina <EWF)

1.27 Chain Link Fence -
Community Garden
1-28 Chain Link Single Gate -
Communitv Garden
1_29 Chain Link Double Gate -
Community Garden
ADA stalls (striping, symbols

1.30 stall, detectable warning
surface. ramos)
Rubber to EWF transition (3'

1.31 wide concrete strip with
fonnwork)
Sit e F urmshlngs
Prefabricated Rest Room

1.32 Building & Shade Structures
Coordination

1.33 Bike rack

1.34 Bench Type 1- Backed

1.35 Bench Type 2 - Backless
Livermore Contract Documents, page 17
Bid Schedule Addendum 7
Unit
LS
SF
SF
LF
SF
EA
LF
LF
LF
LF
LF
LS
SF
LF
EA
EA
EA
LF
LS
EA
EA
EA
Quantity Unit Price Bid Item Total
1 1~ 0 .Ob IG', 410, DO
8,111 32.20 Z&> I , 114. 2.0
10,033 (I;. 10 l!Pf,53L3D
3,750 11 . c;o 4'.!.,12.5°.00
6,016 44. 20 2vv, 3f>~.4B
6 }Ofl . (p I tf!S0.02
1,148 IB.13 20, q2e. 04
418 54.05 12.,Sq'2..C1D
178 12.. 45 '2,'0~(p. w
405 11. 30 z e , e 1 "'.so
35 ~5'1 . ·1s I "f S'2. I . 2. S
1 1.,W1S . co 2. I f3 t'5°'. 00
3,670 lP.21 2;,010.qo
375 01. 0(.f; 32 ,q-41.so
1 :Z.,012 . 50 2 10 i'2.SO
1 4,o2.S . Ob 410 2 s.oo
2 i1,<PS2.SO 3S, '3oS' . oo
148 l32.. 2S l "l,5T3.DO
1 t 1,500. Do 11,r;oo.oo
8 ! t06'?. Db ~' 2~0. OD
5 '2. I ~00 , IX) I I, 506, Ob
7 2 , 30D. 00 I {p I I DO . D ()
Item 5.8
Public Comment
1414
Bid Description Item

1.36 Greenbed Planters

1.37 Storage Shed & Compost Bins

1.38 Table Type 1

1.39 Table Type 2

1.40 Table Type 3

1.41 Table Type4

1.42 Table Type 5

1.43 Table Type 6

1.44 Table Type 7

1.45 Waste Receptacle

1.46 Bollard, Removable

1.47 Park Signage
Fitness and Play Equfornen t

1.48 Com Hole

1.49 Table Tennis

1.50 Climbing Equipment

1.51 Multigenerational Musical
Equipment

1.52 Decals on Concrete Allowance

1.53 Fitness Equipment

1.54 Play Equipment
LandscaDe an d I mg, . at ion
Irrigation System/Modifications

1.55 of existing system (assumes
existing water connection and
oower source to be used)

1.56 Irrigation - lawn and planting
areas

1.57 Lawn - Delta Bluegrass

1.58 Eco-Lawn

1.59 Restoration turf (estimate)-
use lawn seed
Livermore Contract Documents, page 18
Bid Schedule Addendum 7
Unit
LS
LS
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
LS
LS
LS
LS
LS
LS
SF
SF
SF
SF
Quantity Unit Price Bid Item Total
1 -we; 000. oo I 05, '000 .00 !
1 "1/2 00, oo q,2-00. OD
3 1. I 300. DO tp, q DO. 00
6 2,300 . 00 13, 000. 00
1 2 1 300. Ob 2. j 300. 00
6 2,306.00 1 3, eoo. oo
4 z 1 300 .oo t'j /l. 00 . oo
2 l,300 .00 ~L vOD. 00
2 2, f31t;;. Do t; .It:; O. DO
12 2 I 010. 0(} 24 ,to4o. oo
6 1 1 /f;O . ()O ~J100 .oo
1 v,VIDD. 0() lr, tf 00 .00
4 2/~00 .oo q, 200.00
1 v, '3>2S . 60 VJ, 32S .lJO
1 l\"1, 300. Oo 111, 3Do.OD
1 3 1 , 100. 06 3 2, 200. ()0
1 $20,000.00 $20,000.00
1 2 q 0~5. ti1 (J 1 q I 093", VI 0
1 4316, -~~ 4~S/S~3. S<o
1 5,1SD .. 06 s,1so.oo
108,680 10 ?J30i; q 0'3. 00
32,234 o . 2S '8 OS ~ .SD
14,502 0 30 s,01s. 10
24,000 0.3'5 0 400.00
I
Item 5.8
Public Comment
1415
Bid Description Unit Quantity Unit Price Bid Item Total Item 1,60 Trees (15 gallon) EA 49 1 ec, .15 D'f 2~1.'1S

1.61 Trees (24" box) EA 21 ltb'b. zc; I ~I 4 0 3 • 21(;"

1.62 Shrubs - 1 gallon EA 267 12. (fS 3,31/. 5S

1.63 Groundcover - 1 gallon EA 360 v.33 1,2.15 .0D

1.64 Soil Prep and top soil SF 108,680 0 . 'Ci t.p '16 4U:4.00

1.65 Bioretention planting - MP and SF 9,000 Phase ?, . tv0 ?, 3 , 1'2..0 . DO 1 site

1.66 Mulch SF 28,944 O. wtlJ I q ,"1 i I . 3~

1.67 Est. Period & Landscape
Maintenance LS 1 q, zoo. 00 q I 7. OD . 00 (120 Davs)
Bl ue b e II D r I mprovemen ts

1.68 Flashing Beacon Relocation EA 2 'S ,1so.oo 11 1soo. oo

1.69 Pedestrian button relocate LS 1 t , IS0 . 00 1 1 150.DD

1.70 New ADA Curb Ramps EA 1 OJ /2 0() ' 00 ~I?_ 00 • 00

1.71 Detectable Warning Surface EA 1 SIS. 00 SIS. DO

1.72 Sign and Post EA 1 l j 2. c; . 00
'I T2.'5' . 00

1.73 Not Used - - $0.0 $0.0

1.74 Curb Striping LF 150 11. t;o 1,1"2S.DO

1.75 Pedestrian Island EA 4 S, 11S.00 20 100.00

1.76 Bus-Stop Relocation LS 1 ~,4GO. DO 'b,4SO. Ob
Allowances

1.77 Project Conflicts and LS 1 $200,000.00 $200,000.00 Coordination Allowance

1.78 Community Additional 16 LS 1 $120,000.00 $120,000.00 Garden Plots Allowance A. Springtown Community Park Bid Schedule Total: $ 4 <l:J 'b 0 . I I c; . Pl 1 Livemiore Contract Documents, page 19
Bid Schedule Addendum 7
Item 5.8
Public Comment
1416
B. Disc Golf Course Bid Schedule
Bid
Hem

2.1 2.2

2.3 2.4

2.5 2.6

2.7A

2.78 2.7C

2.8 2.9

2.10 2.11

2.12 2.13

2.13A

2.14 2.15
Description
G en era IR equ I remen t s
Mobilization and Site
Preparation
Surveying and Construction
Sta kin a
Temporary Traffic Control
Svstem
Temporary Erosion Control
Clearing, Grubbing,
Demolition and Removal
Sawcut Asphalt/Concrete
Concrete Removal
Curb and Gutter Demolition
Clear and Grub
Demo and Dispose of (3)
Bollards
Gradin and Earthwork
General Earthwork -
Excavation, radin ex ort
Utility and Storm Drainage
Im rovements
Storm Drainage Systems
Exterior lmprovemen t s
Tee off concrete pads
(pedestrian rated 6ft x12 ft per
hole)
Disc Golf basket and concrete
footino
Signage (one per hole)
Seeding and soil prep -
replacement in kind
Pyramid Basket
Site F urns I hm" gs
Prefabricated Shade Structures
Coordination
Bench - Outdoor Creations
411 SK-84" backless & est install
Livermore Contract Documents, page 20
Bid Schedule Addendum 7
Unit Quantity Unit Price Bid Item Total
LS 1 3>-1 I SDO,, (jJ ~-'r, 500 . DO
LS 1 Ii 1 210. 00 11 , 2 10 . OD
LS 1 s l (£0 . 00 s / 1so. oo
LS 1 If 500.0() t r , S OD. 0 0 I
LF 1,900 q , 1.0 ' 1 1 .q. 0 0 DO
SF 2,600 S" . lS 14 ,4'SO .Do
LF 211 34.SO 1 , 7.lPJ.50
SF 6,880 ·; .4s 1 ?>, ,3(.,. Ob
EA 3 2. b O. Ob wOJ O. 00
LS 1
LS 1
SF 1,300 4 L4 0 53 , ~20 . 0 0
EA 19 1 , 12 <0 .00 32., 11~.('.)0
LS 1 i ~ ,sso. 00 j Gf I s S 0 · 0{)
LS 1 4, 61 {) .bb 4 , 31D .OD
LS 1 l2 0 l S O .Do 12 0 , 150.Db
LS 1 4 ,uoo. CXJ 4 i {p 0 0 .00
EA 17 2,300.00 3C\ (00 . 00 f
Item 5.8
Public Comment
1417
Bid
Item

2.16 2.17

2.18 2.19

2.20 2.21

2.22 2.23

2.24 2.25
Description
Park Slgnage ·outdoor creations
701 and estimated install
S tree tC ross ng o· ISC G 0 If
Flashing Beacon
New ADA curb ramps
Detectable Warning Surface
Sign and Post
Traffic Flexpost
Road Striping
Replacement Sidewalk
1 O' wide trail with 3' Clearance
on each side
Allowance
Project Conflicts and
Coordination Allowance
Unit
EA
EA
EA
EA
EA
EA
LF
SF
LF
LS
Quantity Unit Price Bid Item Total
1 /lf 1 100. 00 Iv, I oo . 00
4 14·, qso . oo s~, 'boo. oD
7 Cl12.DO.Oo <P4,-1DO. Do
7 SlS. 00 4 ,02S.DO
8 q2o.oo 1, 31..10. oo
8 ~ 20. OD 1, 31.;o. o~
1,000 il.03> 11 03().tJfl
150 ZS.15 4,612.SO
330 2 tJ,4 .~O 01, 2i3S .Oo
1 $80,000.00 $80,000.00
B. Disc Golf Course Bid Schedule Total: $ I 6 (ll Z 4 3 · D 0 Base Bid Schedule (A+B) Total:
(Price stated in numeric format) $ s I £t; ., 4 r 3 s e . q ., (Price stated in words) P \\I e tv\ 1 \ \ 1 on S' 1- H" nd\ ljl..fd .se \£ -tn h:1 fQ\l 52- TVl ov 0 n 4 1·n o..ee th.1nb\ \2-etA ~f--<t-~ t;iq n+ ~ N\ h.etx7 ~l v£n Award of project's construction contract will be based on Base Bid Total Livermore Contract Documents, page 21
Bid Schedule Addendum 7
Item 5.8
Public Comment
1418
BID ALTERNATES:

C. Bld-Altemate-No.1-Schedule--Asphalt.Parklng_Lot
Bid Item Descrlotion Unit Quantity Unit Price Item Total BA 1.1 Asphalt Vehicular Paving SF 11,700 40.2.<; 410,q2s.a BA 1.2 Standard Parking Space EA 22 ~ e,..q . 0 (, 4 I 0.,. t0 , 06 StripinQ BA 1.3 Bioretention excavation, gravel SF 100 Lf~. 00 4, voo. 00 BA 1.4 Bioretention planting SF 100 A . 2(p 4"2. (R. 0() BA 1.5 Mulch SF 100 4.vO 4 lf O. Db
BA1.6 Soil prep and top soil SF 100 t $,<OD t 3 0 o. 00 Base Bid Deductions - Bid Alternate 1 Asphalt Parking Lot Bid Item Description Unit Quantity Unit Price Bid Item
Total
BA1.7 Temporary parking lot-gorilla LS 1 (., 2. v () . tJD snot - MATERIAL v, 1. <PO. (t!C ~"JI .._A LI\ I
BA 1.8 Temporary parking lot APrep SF 11,700 0 -ltO q 1 IZ.Ui .oo aorilla snot and stabilized soil BA 1.8A Extruded Asphalt Curb LF 250 'l?:;. . Ob '51 "150 . 06 BA 1.8B Vehicular Concrete SF 900 44.2.CO 3PJ '3S2 .06
Bid Alternate No.1 (C) Total=: $ 42 {) , 0 SO . 4 o
D. Bid Alternate No.2 Schedule - DG1 Bushy Peak Tee Pads Bid ·Description Unit Quantity Unit Price Item Total Item BA2.1 Clear & grub, curb demolition SF 1,300 4S 4 ,4 0'5. 00 BA2.2 Tee off pads (pedestrian rated
concrete 6ft x12 ft oer hole) SF 1,300 4\.40 S~/820.D6
BA2.3 Seeding and soil prep - LS 1 ·3 ,q ID.Ob ~'~I 0. DO replacement in kind Bid AHemate #DG2 Field Flt Placement of Boulders and Logs BA2.4 Boulders- salvaged from City EA 20 1,ISD.OO 1~,000 . Ot> BA2.5 Log - salvaged from site and City EA 24 t ,tS0 .00 2 '1 tptJO. Ob Bid Alternate No.2 (D) Total=:$ 11 '-, l¢ l S . 00

END OF BID SCHEDULE
Livermore Contract Documents, page 22
Bid Schedule Addendum 7
Item 5.8
Public Comment
1419

SUBCONTRACTOR LIST
For each Subcontractor who will perform a portion of the Work in an amount in excess of one-half of 1 % of the Bidder's total Contract Price, or for street, highway or bridge construction for Subcontractor work of $10,000 or more, the bidder must use this form and list the Subcontractor, describe the work, the Subcontractor's California contractor's license, Department of Industrial Relations ("DIR"} Number, the location of its place of business and the percentage of the Work the Subcontractor will perform.

Print legibly. Illegible forms may be rejected as non-responsive. . +:·:.:/i.Y. ., ..
'. ;·., Si:lbca'ntractor?'.·'··
·• ·.', ._- • .. ,;i/·;• . '; . • :-:j_: ·.::, • {'. _ ; ... :·.· .. ' 1 • ·'
. ,:diilrrofriia··D1R No . . ' .. :' <·:- ' .. ,,i:.· "'.. ..- .- :·. ·< .· · ..

I 4'0 I 2 '2.. e I \00000 3001 I n o
p lOt'i <J{LOV nds; ISC£ll0\4 l 0000003/ l.o I S-ot ntC\ c \0\ l2-C\ ,/) \9-(>€ l\'Z-e.e 12-emovV'l 1 1oe31v4?.> 1000 \ Bei2¥-e lt'[ .e <..n m ntAYhJ StF-1 31.qvoo i00000030<o Fµ.evv1orrt
AAA Fence I F-enc1nq 522 i (JJ 2 1000002s2to
"1i9 MW i-eee9gg9 ... MW
-ms rot'\ -
.. ...+eoooe 65ee--- .
-v v. " . "''
1 c CO'ltf.W:tc(l. e \-E1c C'O\ \
t.. t" °' pe \.,Ol S'C C\ pe o-e\l-e \ o o mert-t-
.JF.:t l\
Livermore Contract Documents, page 23
Subcontractor List
S0 '16c-t I Pf.An\/ i\ \-e.
\ 00 \ {)0 0(4lP 4 rn(2.. ot
104ev4o l 0000 lP'DS\ \ con co f2.oi

END OF SUBCONTRACTOR LIST
.3
-
.
-""
.2
-
. s
-
.s
-
M'-'I
.4
"1
l. 2..

Item 5.8
Public Comment
1420

NONCOLLUSION DECLARATION
California-Public Contract Code.-Section 7106
Title 23, United States Code, Section 112
(To be executed by bidder and submitted with bid)
Pursuant to California Public Contract Code, Section 7106, the undersigned declares: I am the Vi tL Prt.f. i'd.0 -t of Gr.-.tlt../t c-h :::Vic.-. , the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

Additionally, to comply with the requirements of Title 23, United States Code, Section 112, I declare, on behalf of the bidder, that the bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with its efforts to earn the award of the Contract bid upon.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on Q(q /I q t 1.6 {date], at l\vv""'ore.- [city), CA [state] Date: 0{§ I \ ~ I io 2.S
01\1/YleJlt WQ-1 ~nt - \/\U PUS Name and Title [print]

END OF NONCOLLUSION DECLARATION
Livermore Contract Documents, page 24
Non-collusion Declaratfon
Item 5.8
Public Comment
1421

BIDDER'S QUESTIONNAIRE
-~Rf R.~' ... : .. N~m©W&'.d .. r. :~ :~ ......... :. ,:.~ ... S'. iifM"·•;·it.1'HKif~~*!~'JRR~;A~ . ... nn~~~ -~.1 .i.:.. •. m~. t-.•.. --·~G\~l-.~ .... i¥.\.::: ll..... : "'C!'~~~~Bi= ~:;;! -' ~ ..... ;f ......eeliiRS! ..... .- ~ , .i .. . PR0JECT ProjectNumber~~la'fttij
Submission of a completed Bidder's Questionnaire with the· sealed Bid Proposal is required for the above-referenced Project. City may use the completed Questionnaire to evaluate the bidder's qualifications for this Project. The Questionnaire must be filled out completely, accurately, and legibly with all responses contained within this form. Any errors, omissions, or misrepresentations in completion of the Questionnaire may be grounds for rejection of the bid or termination of a Contract awarded under the bid. No additional infonnation submitted outside of the format of this form will be accepted· as responses to these questions.

1. General Information
Bidder Name: ("Bidder'1 __ ?ci~lh_do.-.. ~-~'-(..._c.._k __ ~~c..~, ____ _ Check One: ~Corporation--------------­
-Partnership-------- ----- --
-Sole Proprietorship------------
Joint Venture of: ------------- Other: ---------------- Address: 2"10\ vJ. .:16.c:.(L. LoC!daa B /vJ_ L(VUMorL CA 9 ~5 SI
Phone: ~ z. s- l.f ot- >o 1 2=
Fax: '1 ZS~ 3'11 - b J 3;:.

Owner of Company: .So.IV\ ?ivil'\\..;$
Contact Person S ()..AA f?..- ,·..; i n ,· u $
Contractor's License Number(s): __ h_2._i_.3'""""""''2 .... ) ________ _ Expiration Date: '}- 30- G.S'

Project202319, Addendum 5
Item 5.8
Public Comment
1422

2. Bidder's Experience.

Provide-responses-on· labelled separate-sheet concerning the following:

2.1. Years In business. How many years has Bidder been in business under its present business name?
3 L\ Years

2.2. Similar projects. Has Bidder completed projects similar in type and size to this Project as a general contractor?
__ X __ Yes No ---- 2.3. Disqualifications. Has Bidder ever been disqualified on grounds that it is not responsible? If yes, provide additional information regarding the disqualification, including, but not limited to, the name and address of the agency or owner of the subject project, the type and size of the project, the reasons that Bidder was disqualified as not responsible, and the month and year In which the disqualification occurred. ___ Yes X No
If yes, provide additional information regarding the disquallflcation, including, but not limited to, the name and address of the agency or owner of the subject project, the type and size of the project, the reasons that Bidder was disqualified as not responsible, and the month and year in which the disqualification occurred below:

Page2of11
Project 202319, Addendum 5 I
I
Item 5.8
Public Comment
1423
2A. Terminations. Has Bidder ever been terminated from a construction project, either as a general contractor or as ~ subcontractor? If yes, provide additional information regarding the termfnation;- inciuding, but not limited to, the name-and address of the agency or owner of the subject project, the type and size of the project, whether Bidder was under contract as a general contractor or a subcontractor, the reasons that Bidder was terminated, and the month and year in which the termination occurred. ----Yes -~~No
If yes, provide additional information regarding the termination, including, but not limited to, the name and address of the agency or owner of the subject project, the type and size of the project, whether Bidder was under contract as a general contractor or a subcontractor, the reasons that Bidder was terminated, and the month and year in which the termination occurred below:

2.5. Past Projects. Provide Information about Bidder's past projects performed as general contractor as follows:

2.5.1. Three most recently completed public works projects within the last five years:

2.5.2. Three largest completed projects within the last three years; and

2.5.3. Any project which is similar to this Project.

Page3 of11
Project 202319, Addendum 5
Item 5.8
Public Comment
1424
1of3 most recently completed public works projects within the last five years:
1)·ProjectName:- SM f,..1p! o Av«.- feJ.es-M'(AI".. .:C.......pfbv4V\~ Location: ~~A\ ~tlv" ~---~~~~~~~~~~~~~~~ ~~~~
Owner Contact Architect/Engineer
Owner (Name and Current Architect/Engineer Contact
Name (Name and Current Phone Number) Phone Number)
l•~ of fr\!.;:.\ e, ..... ,<J<.A MPG ~e Cw.... \-kf. i"'" ($.,.; - /Vlo.c. t>.t.. '1 z. s -6 3''7- z. ~ v ~ qz.S-B't- Z.;'1 (, C/zs -6' "3tt- Z3v1p Description of Proiect. Scooe of Work Performed
G<-,,..J-• "''' PtA.v1'11.,. Jr\vt.w.r..'1 s, C."'crc...--h.. Cvr\:;> ~ J"t+t..rs I s+o ,.-rvt olt1<.l~, $-f...,\p;11j
Construction Initial Contract Final Cost of
Manager Value (at time of Construction Original Scheduled (Name and Current (including change Completion Date
Phone Number) bid award) orders)
e,,,..-_.. (V\o.c. 4t. tf&JK, 12-f · ou
~is~ 6>'1· z ?-8 {p Cf701&~~ 00 tvftiVck z.o 2.-..SNumber and Amount of Time Extensions Actual Date of Amount offiled Liquidated Granted (number of Completion Stop Notices or Damages
days) Mechanic's Liens Assessed Against
Contractor
_g- Mei-re:."'- -e- -eU>i.s
Nature and resolution of any claim, lawsuit, or arbitration between Bidder and the Owner
N(A

Project 202319, Addendum 5
Item 5.8
Public Comment
1425
2 of 3 most recently completed public works project& within the last five years: .. 2) Project Name: flt.~>M+ f-t\ 11 ~-te. r> Lccti 011 'i Ct?> c;.> 1.AJ,,._\k:.. ~f.

Location: Plt.6-SIW\.+ t+; 1 (
Owner Contact Architect/Engineer
Owner (Name and Current Architect/Engineer Contact
Name (Name and Current Phone Number) Phone Number)
c.~ o { ..e. "j liv\ Grok.. {L'f<M CC-Ok- e 'f<AA (o-o~ (/\~~ 1--f;I\ qz,.S-'1 11- SZ.SL qz,s-1# 11-sis z.,
Descriotion of Proiect Scope of Work Performed
Gr(}-.d I\' , f""v'' ti', ~ trl-LJ' s <.<:. ~ C I'\ I GrO>S, W"'-\k... W o l""'- 1 v l'IJ.u-5 ro .., l'IJ. 1 elt.c..+n' c~t. 5+.r;p~11j
Construction Initial Contract Final Cost of
Manager Value (at time of Construction Original Scheduled (Name and Current {including change Completion Date
Phone Number) bid award) orders)

12. '\ °""' Ccrok.. Boo, c,1q. t.t l
1 ?;:. °) . 8q f . "° =f ~ 9 . Roig. .. cr:r:J Av~ . 2..oi~ ~-z.~ - <,11- s i si...- M.W Number and Amount of
Time Extensions Actual Date of Amount of filed Liquidated Granted (number of Completion Stop Notices or Damages
days) Mechanic's Liens Assessed Against
Contractor
-o-· AV<J· 2-0 '-'1 -e- -eNature and resolution of any claim, lawsuit, or arbitration between Bidder and the owner
N /A
Pages ofll
Project 202319, Addendum 5
Item 5.8
Public Comment
1426
3 of 3 most recently completed publlc works projects within the last five years:
3) ProjectName:- M v l:h u S e. T/ "'-; l le f~ \f'
Owner Contact Architect/Engineer
Owner (Name and Current Architect/Engineer Contact
Name (Name and Current Phone Number) Phone Number)
c.·-ht ()f M ;k.J.._ S-h.M""' (V\\\,c...t_ S~M /Vi i U..t. 5 ~.IV\ ""'I L iVUl"'1 o r ft-. 'tis- q(p~- Lf S'1 ~ qz5-'}~D- '-!SV,3.

Description of Project, Scope of Work Performed
Gr~J.... r-.')· fc;.v ~" t;J• -r.r~i I {I.qr; . .> r, > M JJ •· /1 ' Construction Initial Contract Final Cost of
Manager Value (at time of Construction Original Scheduled (Name and Current (including change Completion Date
Phone Number) bid award) orders)
8'01,, f 0 I l t .l'\+i--+
3b5, (,10. o-o 3'tb,~4' l(. <:10 /V1uvck Z..02'i 'li>-9 ~o 4Sl.{t.

Number and Amount of
Time Extensions Actual Date of Amount of filed Liquidated Granted (number of Completion Stop Notices or Damages
days) Mechanic's Liens Assessed Against
Contractor
-e- !'-'\w~ WZ.'1 -f:J- -er-·-
Nature and resolution of any claim, lawsuit, or arbitration between Bidder and the Owner
(V }A
Page6ofll
Project 202319. Addendum S
I
Item 5.8
Public Comment
1427
1 of 3 largest completed public works projects within the last three years:
1) Project·Name: '1'1 le.t- ~d--· .s+"'"j i,.,, Nett
Location: 5 v N) I
Owner Contact Architect/Engineer
Owner (Name and Current Architect/Engineer Contact
Phone Number) Name (Name and Current
Phone Number)
£~;;+ ~ ~ionoi. tt..f\ ~1-e> ~QA .B>o---\-t..S f2..Q../\ gf>.. +e .t ftArk- P~~'ct S.IO-~ 1./1.f-ZlO'J- S lO -S: l.{'-{-2-3<l2- Description of Project, Scope of Work Performed
~co..J..~,..~. f~...t\ ,...~ ' Sewt....r, ..>+or~ ol. ro-l I" CA.'J e I I rt< 1 .... -tt1>"', L-..et s C."'-,~ I +:V\u.., E.u~·c~(
Construction Initial Contract Final Cost of
Manager Value (at time of Construction Original Scheduled (Name and Current (including change Completion Date
Phone Number) bid award) orders)
te.r. e."""t~s \. S SI, t.t 1n . .ro \,$51, l.f")l . Ct.> :J\.1 l '1 2.0'-1- S IO-S ~'{- Z.}. O 2- Number and Amount of
Time Extensions Actual Date of Amount of filed liquidated Granted (number of Completion Stop Notices or Damages
days) Mechanic's liens Assessed Against
Contractor
-e--~ :}1.1 \'1 z..ez.. '2... -e- -e--
Nature and resolution of any claim, lawsuit, or arbitration between Bidder and the Owner
/\J}A

Project 202319, Addendum 5
Item 5.8
Public Comment
1428
2 of 3 largest completed public works projects within the last three years:
2) Project-Name: .. ff A+(lo.~ '· ?o o-J Lv:o9 G?'U/1 lf'6'.i r Location: f· +t-.>~r')
Owner Contact Architect/Engineer
Owner {Name and Current ArchitecVEnginee r Contact
Phone Number) Name (Name and Current
Phone Number)
~ of At-J..rtw Pt.tu.s J'i U He.1H 1(1_'1 A l\J. .--t.w .s. p,f~r> ,·+f->~vlj <-Ji> - z.s-0 -'60 g I 41-5 - tsz-lf z, sg 'i z;s -z..>o ~&a g I Description of Proiect. Scope of Work Perfonned
Gro-..J. 1
1 ,... ,, , Po. vi'"'', T ro.; l wor~, i' r r ,':; flt...-f,1 of"I , [w._J H~ ''"'~ 5-J.v..'/l ;,, ~ . f.. Lt.c..+.-i (. ... t
Construction Initial Contract Final Cost of
Manager Value (at time of Construction Original Scheduled (Name and Current (including change Completion Date
Phone Number) bid award) orders)
A r.J..re..w f q_.fti.J > \, Sl.ffc, li>3·'° 11 <;\fCt,,(l~3-. '\i..s - iso- ~o8' 1 J YV\ . 20 2 sNumber and Amount of Time Extensions Actual Date of Amount of filed Liquidated Granted (number of Completion Stop Notices or Damages
days) Mechanic's Liens Assessed Against
Contractor
-e- .J~. Z-0'2..S- -tr -eNature and resolution of any claim, lawsuit, or arbitration between Bidder and the Owner
t'J)A

Project 202319, Addendum 5
Item 5.8
Public Comment
1429
3 of 3 largest completed public works projects within the last three years:
3)Projeet·Name: 2""' f,._Ho Ave,,. f t J..t5'f vifN' f · Owner Contact Architect/Engineer
Owner (Name and Current Architect/Engineer Contact
Phone Number) Name (Name and Current
Phone Number)
(t-hj ~{- f>r,'tkr\ M,,.c.. fAt-- t> ov-.~ !ti s.s:""" fS,-;""" {L1o..c '--.t...

A l \?av-. '-f ~ Z-S-b 5D)-i~\f (p qz,s, h~tt- z ·p ffti iS i?J '1 2 !.V&, Description of Project, Scooe of Work Performed
~,,_ J_ .'t\.., , f<>-v'1'"' j · J .--: ..tLvJ,.._~ >· c .. .r\;:>I ;;•rr+e._ r5 I 5 -f,:,_,--M J. ('(lo..\ /"I I ~1'"1,
Construction Initial Contract Final Cost of
Manager Value (at time of Construction Original Scheduled (Name and Current (including change Completion Date
Phone Number) bid award) orders)
(!;i,.... t>..A Mo...c. b..t- '1 "1 \ lZ.. \. 00 q/01 B>>·(jf) qi,.5 /\1tJV. Z.0 2£ - ';.q- 2 3'/ fp Number and Amount of
Time Extensions Actual Date of Amount of fifed Liquidated Granted (number of Cor.npletlon Stop Notices or Damages days) Mechanic's Liens Assessed Against
Contractor
. .e--- f\/\ w. UI -z,_s- -e- -eNature and resolution of any claim, lawsuit, or arbitration between Bidder and the Owner
tV )A

Project 20231 9, Addendum 5
Item 5.8
Public Comment
1430
Arrt project which is similar to this Project (if more than one, please copy this form):

Project Name: f?n c. \.(.'1a:{d f ~'"" s <... :IL
Location: l? u\<...tt lL~
Owner Contact Architect/Engineer
Owner (Name and Current Architect/Engineer Contact
Phone Number) Name (Name and Current
Phone Number)
£c..s+ f?:. c..'1 R..t., t' O/J< l ;j'"(,M\ 'J ViH t..S: p .. \t_ Me Cov r+ o ... \e... IV\ c.. Cov/+- fv\L (),'~~·ct- $ 10- S \.ft(- Z. J.. bO $ \O-$'{'( - z.:," I > t 0 -s '(Cf- 2-'!. " , Description of Project. Scope of Work Performed
Nt.w P _.\r.. Cc " s..ffv c.:p o /'\ l Q..S.+.nn>M , p_.-k;_i,.,,, Lc-t-, S -1-orl'VJ r{.o,.l l'\ I L4Jlr.&t s c °" t e.. , -r-r°""· t s. , v+.· f ,"-Jit.S., ~ lt c..fv,'rtA ( Construction Initial Contract Final Cost of
Manager Value (at time of Construction Original Scheduled (Name and Current (including change Completion Date
Phone Number) bid award) orders)
-.fbt: ""i ~(;='- M W
:::.r (A'\l'\'1 v: ll t. 'c. s 2 1 ) / ft,1 0 00· (JO 2,qso, 4~ av :r°""'. 2..o i. "2..

S lO - S.:'·N- > '1 0
Number and Amount of
Time Extensions Actual Date of Amount of filed Liquidated Granted {number of Completion Stop Notices or Damages
days) Mechanic's Liens Assessed Against
Contractor
-e- ::r ,... 1'1 ' Z.027-- -e- -&-
Nature and resolution of any claim, lawsuit, or arbitration between Bidder and the Owner
tJ /A

Project 202319, A ddendum S
Item 5.8
Public Comment
1431
~ny project which is similar to this Project (If more than one, please copy this form):
roject Name: T'1 (~ / c,, k ,,S fo.-5 ~"'J ,4.ct.A.

Locaflon:~_;..5_v_A~~------------------------------....,....--------~ Owner Contact Arch ltect/Engineer
Owner (Name and Current Architect/Engineer Contact
Phone Number) Name (Name and Current
Phone Number)
us+ f>~1 at..,1'0., .... \ {Lt/\ b---t-tJ.. ~ Bo--te> ~v-.. e, ...... h,J P....-1e- D~..s.+. $10-.>1.f"(- Z.~Ot- $/O-S'iY - z 3 oz.., Description of Prof ect, Scope of Work Perfonned
~,.._,,L',.. ') '. p"'"~ ,,, ' ;, t. ""t. r. f;ttrM J r,._1 ' ,., t>..j e., ' ' ;,\ 1 rt', 'J ..._ on, l{.v\.ct $-C-.ft I f ti' l.L, f., LL l.-+tf, t,... l
Construction Initial Contract Final Cost of
Manag~r Value {at time of Construction Orlglnal Scheduled (Name and Current (including change Completion Date
Phone Number) bid award) orders)
f.-'-J'\ ~-\-e_J,. \. $SI, '-i"l'1.ot> \, 5.SI. Y"J7. av 5lo-S"1"f- z.~o'l.. :YJ 11 '2-02-2-
Number and Amount of
Time Extensions Actual Date of Amount of filed liquidated Granted (number of Completion Stop Notices or Damages
days} Mechanic's Liens Assessed Against
Contractor
-e- ~"''-1 z..o 1-'L -e- .-eNature and resolution of any claim, lawsuit,. or ·arbitration between Bidder and the Owner
NIA
Page lOofll
Project202319, Addendum 5
Item 5.8
Public Comment
1432

3. Verification
I, the undersigned, declare that I am duly authorized-to sign-and submit this Bidder's Questionnaire on behalf of the named Bidder, and that all response and information set forth here and in the attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission. I DECLARE UNDER PENALTY OF PERJURY

UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature: ~J.f1:r1A.Jt1.1J,&t Date: of.ff I~ f 201S
By [name, title]: IV\ 1 C!h 8 '11-£' W 12141 ht - V 1 t .e -P 12 .f' S.

For [name of Bidder]: Gr e-dg__TLc. lA ::C,. c •
Signed in the California City/County of: _.;;;..L_:v'-L=-t".._M......:....>-o ..... c__,,~=-----'-A ....... l""'"~""'""N1--==e..=..J....;.:~;..;;;__-=C.o~.

END OF BIDDER'S QUESTIONNAIRE

Project 202319, Addendum 5
Item 5.8
Public Comment
1433
BIDBOtlD
GradeTech. Inc. ("Bidder") has submitted a
bid~ d~Jed Iuoe 19th , 20 25 C-Bldj, to City of Livermore, California ("City") for work on th~ Springtown Community P~rk and Disc Golf Course, City Project No. 2023-19 ("Projecr). Under this duly executed bid bond ("Bid Bond"), Bidder as Prlncip~I and Great American Insurance Company , its surety rsurety1'), are bound to City as Obljgee in the penal sum of ten (10) percent of fhe maximum .amount of the Bid (the •eorid ·sumi. Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severalty, as fallows:

1. General.

Following the City's issuance of the Apparent Low Bid Notice ("ALB Notice"), Bidder will execute the Contract In accordance with the terms of the Bid.

2. Submlttals.

Within t~n days following issuance of the ALB Notice to Bidder, Bidder must submlt to City the following:

2.1. Contract All copies of the Contract fonn Included with the ALB Notice, duly executed by Bidder.

2.2. Payment Bond. A payment bond for 100 pt;trcent of the maximum Contract Price, executed by a surety licensed to do business In the State of Cal!fomia, using the Payment Bond form Included with the Contract Documents.

2.3. Perfonnance Bond. A perfonnance bond for 100 percent of the maximum Co.ntract Price, e><ecuted by a surety licensed to do business in the State of California, using the Performance Bond form included with the Contract Documents.

2.4. Warranty Bond. A warranty bond for 1·6 percent of the maximum Contract Prioo, executed by a surety l!~ensed to do busl.ness In the State of California, using the Warranty Bond form Included with the Contract Documents.

2.5. l1'l9~.ar·3nce. The insurance certfficate(s) and endorsement(s) required by the Contract Documents.

2.6. Certlflcation(a). All certifications. If any, specified In the Instructions for Bidders.

2.7. Other Information. Any other documents required under the ln~tructlons for Bidders.

3. EnfOrcement.

Uvermore Contract Doouments, page 25
Bid Bond
Item 5.8
Public Comment
1434
'.'
I ',
If Bidder fails to.execute the Contract and to submit the bond.s ~nd insuranpe certiflc!iltes as required by the Contract Documents, Surety gµarantees that Bidder forfeits the Bond Sum to City. Any notice to Surety may be given in the manner specified In the Contract and delivered or transmitted to· Surety as follow&:

Attn: Bond Claims
Address: P.O. Box 2119
City/State/Zip: Cincinnati, OH 45201
Phone: 513-369-5000 Fax: 888-290-3706
Email: [email protected]

4. Duration; Waiver.
ff Bldde.r fulfill$ Its obltga.tlons under Section 2, above, then this ob.ligation will be null and void; othetwise it will remain in fulJ force and effect for 90 day£1 after the bid open.Ing or until this Bid Bond Is returned to Side.fer. whichever occurs first. Surety waives the provisions of Civil Code, Sections 2819 and 2845.

This Bid Bond is entered into and effective on __._Jun=e-=1..::..;6th=-----• 20 25 .

SURETY:
11 l l il ll/11 .
• \\ \ • I ' ' I f Ill •
. ·'.,;. :.G;n:11t-J\mencan Insurance Company
. '.·";·' .... '.
·· ii ... \ ' :;--: .\ . .
-~,_
.
~~ . __ ___, ______ _
·, (_ ~a~e: ; siif rangieh , ; I - · - ·----------
, /;fitle: .: Attorney-In-Fact ' ( ' j I ~ ' ~
, {AtWctt'Aoknowledgement, Notary Seal, and Attorney-ln-F act Certificate) CONTRACTOR:

GradeTech, Inc.
; io/,. ~~lakrpat
i ... N~m7: Ml l tl e\ I e ""'g,, ht
• l ·: } . .J ~ • '\
) "fi,119;, VI C e p (2-<'$ • . ,
. : ~ .\' / ,
1 °' _"'.°.'·\ END OF BID BOND
Llverrnqre Contract [}ocuments, page 26
Bid Bond
Item 5.8
Public Comment
1435
GREAT AMERICAN INSURANCE COMPANV®
Administrative Office: 301E4TH STREET • CINCINNATI, OHIO 45202 • 613-369-5000 • FAX 513·723-2740 The number of persons authorized by
this power of attorney is not more than FOUR
No. 0 21277

POWER OF ATI'ORNEY
KNOW ALLMEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoiot the person or persons named below, each individually if more lhan one is named, its true and lawful attorney-in-fact, for ii and in its name, place and stead lo execute on behalf of the said Company, as surety, any and all hoods, undertaking<; and contracts of suretyship, or other written obligatioos in the nature thereof, provided th111 the Habilily of the said Company on any such bond, undertaking or contract of suretydtip ~ecuted under this authority sh•ll not exceed the limit seated below.

LINDA G. LIPSlUS

JOE LONGWELLO
MARKO JOHN TRAPANI, JR.

BILL FRANGJEH
Name AddreS.'!1
ALL OF

SAN JOSE, CALIFORNIA
Limit of Power
All
$100,000,000
This Power of AUomey revokes all previollli powers issued on behalf of the attorocy(s)-in-fact named above. lN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY hn caused these presents to be signed and attested by its appropria~ officers and its cotpo/atc seal hi::rcunlo affixed this 24TH day of MARCH , 2022 .

Att.d 4-c c . .E_ GlrnAMlWC7J!;J7~
A .. 1s1m11 Sttaetary Divisional Seit/or J'/cci Pru/dent STATEOFOHIO,<X>UNTYOF HAMILTON -ss: fMRKVJCARIOllITT-377-2405) On this 24TH day of MARCH , 2022 , before me perBOOally appeared MARK VICARIO, to me known, being duly sworn, deposes and says that he resid~ in Cincillnati, Ohio, that he is a Divislolllll Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which cxcaJtcd lbc above instrument; th81 he: knows the seal of lbc said Company; that the: seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of bis office under the By-Laws of said Company, and that he signed his name thereto by like authority.

SUSAN A KOHOl\ST
Motary Public
State of Ohio
My Comm. Explrff
May 18, 201~
This Power of Attorney is granted by authority of !he following R:Solutions adopted by the Board of Directors o( Great American Insurance Company by uoanimou written consent dated June 9, 2008.

RESOLVED: That tlie Divisional Prestde111, the #Veral Divisional Se11ior Jlice Presidents, Divis/011al Vice Presldenrs and Diviso110/ Auistant Y,ce PmrideittT, or QllY one of them, be and llei-eby is aulhorized,jrom time lo time, to appoint one or more A.tlol'lleys-in-Facl to execure on behalf of lhP Company. a11 surety. any and all bon~. u11do11olcirl&f and contracts of suretylhlp, or other writlen obligation:r in the natw-e thereof: to prescribe their respective d111ia and the ru~live limits of their ar1rhorlty; and lo 1Yvolce any s11ch appofritmelll al any time.

RESOLVED FURTHER: That 1114 Comparl)' seal mid the ligmlure of any of the afOl'eJaid ojjic6ra Md a11y Secrelary or A.ssislanf Seaetary of the CotllJXRf)I INq>' be qfJixU by facsir11i/e lo Qtl)I power of altomey or certf{t&tW of either gtw11for the aec1dion of mry bond, u11de11alc/ng, contract oJ 11"6/y#h/p, or other wrilten obligation In the nat11re thenof. melt signatlll'I! and ttal whm so wed bei1ig hereby adopted by the Company a.s the original s/gJIQlure of such officer and the origi11al seal q/ the Co111pany. to be valid and billding 11pon the C0111pan)' wilh the sameforett a11d effect as thouglr manually qffixed.

CERTIFICATION . \ \ . . 11.

I, STEPHEN C. BERAHA, Assistant Secretary ofGreatAmericanJnS~raDcc:-OXnpany, do hereby oenify that the foregoing Power of Attorney ad the Resolutions of the Board of Directors ofJu11e 9, 2008 have not been revo~ and are now in full folcc alld effect.

Signed and sealtd this 16 day of 2025
4-cc.E __ hJutant Sec:reklry
I\
S1CX!!IAH ID3/20I
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CALlflORNIA ACKNOWLl!!DGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Santa Clara }
On 1'((). lldh t1o JS before me, C Reynolds, Notary Public Dat Here Insert Name and Title of the Officer
personally appeared --=B .... il ... l ra .....,g,... e ..... h_ _ ___________ _ ________ _ Name(s) of Slgner(s)
who proved to me on the basis of satisfactory evidence to be the person{s} whose name(s) ls/are subscribed to the wfthln Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their slgnature(s) on the Instrument the person{s), or the entity upon behalf of which the person(s} acted, executed the Instrument. 1············
,. , C. REVNOU>S
: .. Hot.lry Publlc • Calffomla 1f f · Santa Clara County i ColTlll!l"lon # 2418774 f • > 0 ~on;·!:P!esia 22.zo;:

Place Notaty Seal and/or Stamp Abcve
Description of Attached Document
I certify under PENAL TY OF PERJURY under the
laws of the State of Callfomla that the foregoing
paragraph Is true and correct.

WITNESS my hand and official seal.

Title or Type of Document: - - ---------------------- -- Document Date: _ _ ____________ ______ Number of Pages: _ __ _ Slgner(s) Other Than Named Above:-- - -------------------- Capacity(ies) Clalmed by Slgner(s)
Signer's Name: ------------ • Corporate Officer - Tltle(s): _____ _ • Partner - • Limited • General
• Individual • Attorney In Fact
• Trustee • Guardian or Conservator
• Other: ------------ -- Signer Is Representing:--------- Signer's Name: ---- --------
• Corporate Officer - Tltle(s): - ----- -
• Partner - • limited • General
• lndMduel • Attorney In Fact
• Trustee • Guardian or Conservator
• Other: ------------- - Signer Is Representing: - -------- 8018 ~ B'@'Of<i 3 ~ ~ § f § g 8 8'fJllMl@~ E 0 B0£~8 ~ ~·~ E ()2019 National Notary Association I
I
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EXHIBIT3
Item 5.8
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LIVE @RE
(Al FO~NIA

PUBLIC WORKS

CONTRACT DOCUMENTS

SPECIFICATIONS FOR

SPRINGTOWN OPEN SPACE IMPROVEMENTS

SPRINGTOWN COMMUNITY PARK AND DISC GOLF COURSE
December 2021 Template
CITY PROJECT NO. 202319
Brent Smith, Community Development Director
Joel Waxdeck, City Engineer

CITY OF LIVERMORE
1052 South Livermore Avenue
Livermore, CA 94550

PREPARED BY
City of Livermore
RRM Design Group
Item 5.8
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CITY OF LIVERMORE

CONTRACT DOCUMENTS ACKNOWLEDGEMENT

SPRINGTOWN COMMUNITY PARK AND DISC GOLF COURSE
CIP 202319

ACKNOWLEDGEMENT
These specifications were prepared under the general supervision and direction of the following Engineer licensed by the State of California:

Signature ~~ Seal
Roberto Escobar
Civil Engineer
License No. 58461
City of Livermore
In accordance with the provisions of Sections 6735, 6735.1 , 6735.2, and 6738 of the California Business and Professions Code, the various indicated portions of these Specifications and other Contract Documents have been prepared under the direction of the following professional engineers, licensed by the State of California:

Livermore Contract Documents
Acknowledgement
Item 5.8
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CITY OF LIVERMORE

CONTRACT DOCUMENTS ACKNOWLEDGEMENT

SPRINGTOWN COMMUNITY PARK AND DISC GOLF COURSE
CIP 202319

ACKNOWLEDGEMENT
These specifications were prepared under the general supervision and direction of the following Landscape Architect licensed by the State of California:

Landscape and Irrigation
Signature ~
Gina Chavez
Registered Landscape Architect
License No. 6040
Seal
In accordance with the provisions of Sections 6735, 6735.1 , 6735.2, and 6738 of the California Business and Professions Code, the various indicated portions of these Specifications and other Contract Documents have been prepared under the direction of the following professional engineers, licensed by the State of California:

Livermore Contract Documents
Acknowledgement
Item 5.8
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CITY OF LIVERMORE

CONTRACT DOCUMENTS ACKNOWLEDGEMENT

SPRINGTOWN COMMUNITY PARK AND DISC GOLF COURSE
CIP 202319

ACKNOWLEDGEMENT
These specifications were prepared under the general supervision and direction of the following Landscape Architect licensed by the State of California:

Civil Engineer
Signature ~ Jhii&/~ Seal
Chris L. Magdosku
Registered Professional Engineer
License No. 62173
In accordance with the provisions of Sections 6735, 6735.1, 6735.2, and 6738 of the California Business and Professions Code, the various indicated portions of these Specifications and other Contract Documents have been prepared under the direction of the following professional engineers, licensed by the State of California:

Livermore Contract Documents
Acknowledgement
Item 5.8
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City of Livermore
Public Works Contract Documents

DIVISION ZERO TECHNICAL SPECIFICATIONS
Table of Contents
NOTICE INVITING BIDS ...............•...•.•..........•.•.•........•.................................•....•............................ 1 INSTRUCTIONS TO BIDDERS ....•.......•........•...•........•......•.•.......................................................... 5 BID PROPOSAL ........................................................................................................................... 13 BID SCHEDULE ............................................................................................................................ 16 SUBCONTRACTOR LIST ............................................................................................................. 23 NONCOLLUSION DECLARATION .....•........•..........•........•......•.•.................•................................ 24 BID BOND ..................................................................................................................................... 25 BIDDER'S QUESTIONNAIRE ...................................................................................................... 27 CONTRACT ................................................................................................................................... 30 PAYMENT BOND .......................................................................................................................... 35 PERFORMANCE BOND ............................................................................................................... 37 WARRANTY BOND ...................................................................................................................... 40 GENERAL CONDITIONS ............................................................................................................. 42 SPECIAL CONDITIONS ............................................................................................................... 92 INDEX OF NON-TECHNICAL SECTION DEFINED TERMS .................................................•.•... 93 APPENDIX OF FORMS ................................................................................................................ 95 PROJECT INSURANCE REQUIREMENTS ......•......•.•....•....•......•......................................•......... 102 Livermore Contract Documents , page i
Table of Contents
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NOTICE INVITING BIDS
In addition to the information contained in this Notice Inviting Bids section, more detailed information is provided in the Instructions for Bidders section, which should be carefully reviewed by all bidders before submitting a Bid Proposal.

1. Bid Information.

The City of Livermore ("City") will accept sealed bids for its Springtown Community Park and Disc Golf Course CIP 202319 ("Project"), which shall be date and time stamped by the City Clerk's time clock by or before June 12, 2025, at 2:30 p.m., at:

City Clerk's Office
Second Floor of City Hall
1052 South Livermore Avenue
Livermore, CA 94550
at which time the bids will be publicly opened and read aloud. City reserves the right to reject any and all bids and to waive any non-substantive irregularities.

2. Bidders' Conference - Non-Mandatory
A bidders' conference will be held on May 15th, 2025 at 10:00 AM at the parking lot of the Springtown Public Library, 998 Bluebell Drive, Livermore CA 94551 for the purpose of acquainting all prospective bidders with the contract documents and the worksite. The bidders' conference is not mandatory.

3. Project Information.

3.1. Location and Description.

The Project is located at 990 Bluebell Dr, Livermore CA, and is described as follows: The project will construct a new 6.8-acre community park in the Springtown area and will include playground equipment with shade structure, fitness area, multi-generational plaza, shaded picnic area with electrical outlets, community garden, trees, ecolawn and turf, pedestrian/bicycle path, and public restroom. Installing RRFB, ADA-compl iant curb ramps, median bulbouts, and crosswalk striping as per city standards. A new 18-hole Disc-Golf Course will be built on 50 acres of existing site and connect to the community park.

3.2. Time for Completion.

The planned timeframe for Substantial Completion of construction of the Project is 180 Working Days after the commencement date stated in the Notice to Proceed. Final Completion of the Project is planned to be - 30 Working Days after the date of Substantial Completion.

4. Construction Cost.

Livermore Contract Documents, page 1
Notice Inviting Bids
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The Engineer's estimated construction cost is: $6,812,000.00

5. License and Registration Requirements.

5.1. License.

At the time of bid opening and for the duration of the Project, Contractor shall possess a valid California contractor's license for the following classification(s): Class A (General Contractor). (See also, Instructions for Bidders, Section 4, Licenses and DIR Registration.) A bid submitted by a bidder that does not possess any of these licenses at bid opening may render the bid non-responsive, barring award of the Contract to that bidder.

5.2. 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 ("DIR") to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions.

6. Contract Documents.

6.1. Available at City.

All Contract Documents are available at
https://www.bidnetdirect.com/california/cityoflivermore free of charge, and can also be accessed from the City's website at:
https://www.livermoreca.gov/departments/communitydevelopment/engineering/projects-out-for-bid. The contractor must register, at no cost, as a prospective bidder. BidNet notifies all listed entities on the Prospective Bidders list regarding addendums and other posted information during the bid period. It is the responsibility of each prospective bidder to check the Bid Net website listed above on a daily basis through the close of bids for any applicable addenda or updates and print all bid documents for review and to verify the completeness of the Bid Documents before submitting a bid.

Alternatively, a full set of Contract Documents, including the final plans and specifications for the Work, are available for inspection without charge, or purchase at $160.00 per set, at the City Engineering office at 1052 South Livermore Avenue, Livermore, CA 94550. No refund will be made of any charges for sets of Contract Documents.

7. Mailing.

At the Bidder's request, and up until seven calendar days before the date set for opening Bids, the City will mail complete sets of the Contract Documents to the Bidder at a total cost of $200.00 for each set requested. The charge covers printing, handling, and mailing costs. No refund will be made of any charges for sets of Contract Documents.

Livermore Contract Documents, page 2
Notice Inviting Bids
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8. Bid Clarifications.

Questions regarding the Project, the bid procedures, or the meaning or intent of the Contract Documents must be submitted in writing to the Engineer at Roberto Escobar, Senior Civil Engineer, [email protected] or Jaimeen Mehta, Assistant Engineer, [email protected]. Any responses deemed necessary by the Engineer will be provided in a written addendum to be posted on
https://www.bidnetdirect.com/california/cityoflivermore and the City's website at https://www. I ivermoreca. gov/departments/communitydevelopme nt/engi nee ring/projects-out-for-bid. Questions received less than seven days before the deadline for bid submission might not be answered. Only a written response issued in an addendum will become part of the Contract Documents. Oral responses will have no legal effect. Subject to the limitations of Public Contract Code, Section 4104.5, the City reserves the right to issue addenda before the time of the bid opening.

9. Bid Proposal and Security.

9.1. Bid Proposal Form.

Each bid must be submitted using the Bid Proposal form contained as a part of the Contract Documents.

9.2. Bid Security.

Each Bid Proposal must be accompanied by bid security of ten percent of the maximum bid amount, in the form of a cashier's or certified check made payable to City, or a bid bond executed by a surety licensed to do business in the State of California on the Bid Bond form included in the Contract Documents. The bid security must guarantee that within ten days after City issues the Apparent Low Bidder Notice ("ALB Notice"), the bidder must execute the Contract and submit payment and performance bonds, warranty bonds, insurance certificates and endorsements, as required by the Contract Documents.

10. Prevailing Wage Requirements.

10.1. General.

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 Contract will be subject to compliance monitoring and enforcement by the California Department of Industrial Relations, under Labor Code, Section 1771.4.

10.2. Rates.

The prevailing rates are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to Livermore Contract Documents, page 3
Notice Inviting Bids
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monitoring and enforcement by the California Department of Industrial Relations, under Labor Code, Section 1771.4.
10:2: ·Rates.

The prevailing rates are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half.

11. Performance, Payment, and Warranty Bonds.

The successful bidder will be required to provide perfonnance and payment bonds each in the amount of 100% of the Contract Price and a Warranty Bond in the amount of 15% of the Contract Price.

12. Substitution of Securities.

Substitution of appropriate securities in lieu of retention amounts from Progress Payments is permitted under Public Contract Code, Section 22300 which requires use of the escrow agreement language provided at subsection (f) of Public Contract Code Section 22300, which is the Escrow Form included in the Appendix portion of the Contract documents.

13. Subcontractor List.

Each.bidder must submit the name, location of the place of business, California contractor license number, and California Department of Industrial Relations registration number of each First Tier Subcontractor who will perform work or ser\iice or fabricate or install work for the prime contractor ("Subcontractor Services") in excess of one-half of 1 % of the bid price, using the Subcontractor List form included with the Contract Documents. The same requirement applies to each First Tier Subcontractor who will perform Subcontractor Services in excess of either one-half of one percent of the bid price or $10,000 for the construction of streets, highways or bridges.

By: Date:

City Clerk
Publication Dates: 1) May 15, 2025 2) May 22, 2025

END OF NOTICE INVITING BIDS
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Notice Inviting Bids
Item 5.8
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INSTRUCTIONS TO BIDDERS
Each Bid .. Pr_oposal submitted to the City of Livermore ("City") for its Springtown Community Park and Disc Golf Course ("Project") must be submitted in accordance with the following instructions and requirements:

1. Bid Submission.

Each bid ("Bid Proposal") must be signed, sealed and submitted to the City, using the form provided in the Contract Documents, by or before the date and time set forth in the Notice Inviting Bids, or as amended by subsequent addendum. Each Bid Proposal must be accompanied by the required Bid Security. Faxed or emailed Bid Proposals will not be accepted, unless otherwise specified. Late submissions will be returned unopened. City reserves the right to postpone the date and time for receiving or opening bids. Each bidder is solely responsible for all of its costs to prepare and submit its bid and by submitting a bid waives any right to recover those costs from City. The bid price(s}, including unit prices, must include all costs to perform the Work as specified, including all indirect costs such as applicable taxes, insurance and field offices.

The envelope containing the sealed Bid Proposal and required attachments and the Bid Security must show the bidder's name and return address, and be clearly labeled as follows:

Bid for Springtown Community Park and Disc Golf Course, GIP 202319 Attn: City Clerk
City of Livermore
1052 South Livermore
Livermore, CA 94550
Bid Opening on June 12, 2025 at 2:30 PM

2. Bidder's Questionnaire.

A completed, signed Bidder's Questionnaire must be submitted with the Bid Proposal, using the form provided by City which required information concerning the bidder's experience in the type of work being required by the City, the bidder's organization available for the performance of the Contract, and any other required evidence of the bidder's qualifications to perform the proposed Contract. A bid that does not fully comply with this requirement may be rejected as non responsive. A bidder who submits a Bidder's Questionnaire which is subsequently determined to contain false or misleading information, or material omissions, may be disqualified as non~responsible.

3. Examination of Contract Documents and Project Site.

Each bidder is solely responsible for diligent and thorough review of the Contract Documents, examination of Project site, and reasonable and prudent inquiry concerning known and potential site conditions before submitting a Bid Proposal. However, bidders should not enter onto City's property or the Project site without prior written authorization Livermore Contract Documents, page 5
Instructions to Bidders
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from City. Each bidder is responsible for reporting to City any errors, om1ss1ons, ambiguities, or conflicts the bidder discovers in the Contract Documents before submitting a Bid _Proposal,_subject to .the limitations of Public Contract Code, Section 1104. City expressly disclaims responsibility for assumptions the bidder might draw from the presence or absence of information provided by City.

3.1. Subsurface Conditions. City is not responsible for the completeness of any information about subsurface conditions at or adjacent to the Project site; a bidder's conclusions or opinions drawn from any such subsurface condition information; or subsurface conditions that are not specifically shown, subject to the limitations of Public Contract Code, Section 7104. Bidders are cautioned to consider that unknown subsurface conditions could potentially include, but not be limited to. contaminated materials, Hazardous Materials, ground water, unstable soils, unstable fills, abnormally hard/soft subsurface conditions, asbestos, lead paint, hydrocarbons, archeological sites, human remains, existing or abandoned utilities, and others. City's testing or investigations of subsurface conditions are made for the purpose of design, and the City assumes no responsibility for the sufficiency or accuracy of borings, the log of test borings, or other preliminary testing or investigations, or of the interpretation of them, and there is no guaranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the Work, or any part of it, or that unanticipated conditions may not occur. When a log of test borings, reports of testing or investigation is made available to bidders or included in the Contract Documents, it is expressly understood and agreed that the log of test borings or other reports does not constitute a part of the Contract, unless expressly incorporated, and represents only an opinion of the City, or the City's consultant, as to the character of the materials to be encountered, and is made available only for the convenience of the bidders.

3.2. No Supplemental Reports

4. Licenses and DIR Registration.

At the time the bid is made, the successful bidder and its Subcontractor(s) must possess the California contractor's license(s) in the classification(s) and certifications required by law to perform the Work. The City will not accept a Bid Proposal from or enter into 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. No bid will be accepted nor any contract entered into without proof of the bidder's and subcontractors' current registration with the Department of Industrial Relations. Within five working days of the bid opening, the bidder shall submit a valid DIR number. Failure to do so will deem the bid non-responsive.

5. Bidder Information.

Each Bid Proposal must be signed by the bidder's authorized representative. Bid Proposals submitted by partnerships must be signed in the partnership name by a general partner with authority to bind the partnership. Bid Proposals submitted by corporations Livermore Contract Documents, page 6
Instructions to Bidders
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must be signed with the legal name of the corporation, followed by the signature and title of two officers of the corporation with full authority to bind the corporation to the terms of the Bid .Proposal,_ under California Corporation Code, section 313.

6. Ineligible Subcontractor.

Any subcontractor who is ineligible to perform work on a public works project under Labor Code, Sections 1777 .1 or 1777_ 7 is prohibited from performing work on this Project.

7. Safety Obligations and Policies.

Before submitting a Bid Proposal, each bidder must review the "Safety Provisions" requirements of the Contract Documents to ensure that if awarded the Contract, bidder ensures that its safety programs and practices meet or exceed all safety requirements applicable to the Project.

8. Brand Designations and "Or Equal" Substitutions.

Any specification designating a material, product, thing, or service by specific brand or trade name, followed by the words "or equal," is intended only to indicate quality and type of item desired, and bidders may request use of any equal material, product, thing, or service. All data substantiating the proposed substitute as an "equal" item must be submitted with the written request for substitution using the form provided in these Contract Documents. All submittals and Requests For Information (RFI) shall not be used for substitution requests as part of the submittal or RFI. All approved submittals, and responses to RFls which also substitute items do not constitute approval of the substitution request A request for substitution must be submitted within the time period provided in the applicable Specifications of the Contract Documents. If no time period is specified, the substitution request may be submitted any time within 35 days after the date of award of the Contract. This provision does not apply to materials, products, things, or services that may lawfully be designated by a specific brand or trade name under Public Contract Code, Section 3400(c).

9. Bidders Interested in More Than One Bid.

No person, firm, or corporation may submit or be a party to more than one Bid Proposal unless alternate bids are specifically called for. However, a person, firm, or corporation that has submitted a subcontract proposal or quote to a bidder may submit subcontract proposals or quotes to other bidders, and may also submit a Bid Proposal as a prime contractor.

10. Bid Proposal and Bid Schedule.

Each bidder must fully complete and submit the Bid Proposal form, and, if required by the City, the Bid Schedule form with unit prices.

Livermore Contract Documents, page 7
Instructions to Bidders
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11. Incorrect Totals.

11.1. Corrections. After the opening of Bids by the City, City shall review the bids. If a Bid contains mathematical errors, Unit Price omissions, Unit Total omissions or other similar mathematical omissions, the City may correct the mathematical errors or omissions as follows:

11.1.1. In the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid, and the amount entered as the base bid on the Bid Proposal form, the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid will be deemed the base bid price. If the Unit Price is blank but the Unit Total has a legible amount, then the Unit Price shall be corrected to the quotient of the Unit Total divided by the number of Units. If the Unit Price and Unit total are both blank or illegible, then the Unit Price and Unit Total shall be corrected to $0.00.

11.1.2. If the Unit Price has a legible amount, but the product of the number of Units and the Unit Price do not equal the Unit Total or the Unit Total is blank, the Unit Total shall be the corrected product of the number of the number of Units and Unit Price.

11.1.3. If the sum of corrected Unit Totals does not equal the Total Bid, then the corrected Unit Totals shall control and the total Bid shall be corrected.

11.1.4. In the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for any bid alternate, and the amount entered for the alternate on the Bid Proposal form, the actual total of the itemized prices shown on the Bid Schedule for that alternate will be deemed the alternate price.

11.2. Non-Responsive Errors. If the cumulative amount of corrections changes the total amount of the base bid or bid alternate by more than five percent, City may consider the bid non-responsive.

11.3. Withdraw of Bids. Nothing in this Section regarding mistakes and errors is intended to prevent a bidder from requesting to withdraw its bid for material error under Public Contract Code, Section 5100, et. seq.

12. Estimated Quantities.

The quantities shown on the Bid Schedule are estimated and the actual quantities required to perform the Work may be greater or less than the estimated amount. The Contract Price will be adjusted (up or down) to reflect the quantities actually used, and determined to be necessary by the City, to complete the Work by applying the itemized or unit prices provided in the Bid Schedule, and Contract Unit Prices will not be adjusted.

The lowest bid will be the lowest bid price on the base bid contract without consideration of the prices on the additive or deductive items.

Livermore Contract Documents, page 8
Instructions to Bidders
Item 5.8
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13. Contractor Work Percentage
The Contractor must perform, with its own forces, at least 30 percent of the Work on the Project, calculated as a percentage of the Base Bid price excluding the amount for "specialty items" as designated by the letter S on the Bid Schedule form. The remaining Work may be performed by qualified Subcontractor(s).

14. Bid Security.

Each Bid Proposal must be accompanied by Bid Security of ten percent of the maximum bid amount, in the form of a cashier's check, a certified check, or a bid bond, using the form included in the Contract Documents, executed by a surety licensed to do business in the State of California, made payable to the City of Livermore. ("Bid Security.") The Bid Security must be enclosed in the same envelope as the Bid Proposal. The Bid Security must guarantee that within ten days after the City issues the ALB Notice to the apparent low bidder, that bidder will execute and submit the Contract on the form included in the Contract Documents, will submit payment and performance bonds for one hundred percent 100 percent of the Contract Price, a warranty bond for 15 percent of the Contract Price, the insurance certificates, and insurance endorsements as required by the Contract Documents. If the apparent low bidder does not meet these requirements by this deadline, it forfeits its Bid Security.

15. Bid Clarifications.

Questions regarding the Project, the bid procedures, or the meaning or intent of the Contract Documents must be submitted in writing to the Engineer at Jaimeen Mehta, Assistant Engineer, 1052 S Livermore Ave, Livermore CA 94550, [email protected]). Any responses deemed necessary by the Engineer will be provided in a written addendum to be posted on https://www.bidnetdirect.com and the City's website at https://www.livermoreca.gov/departments/communitydevelopment/enqineerinq/projects-out-for-bid. Questions received less than seven days before the deadline for bid submission might not be answered. Only a written response issued in an addendum will become part of the Contract Documents. Oral responses will have no legal effect. Subject to the limitations of Public Contract Code, Section 4104.5, City reserves the right to issue addenda before the time of the bid opening.

16. Bid Proposal Form and Enclosures.

Conditions, limitations, or provisions contained in the Bid Proposal but not authorized or called for by the Contract Documents may render the Bid Proposal non-responsive. The Bid Proposal form should be fully completed without interlineations, alterations, or erasures. Any necessary corrections must be clear and legible, and must be initialed by the bidder's authorized representative. A Bid Proposal submitted with terms such as "negotiable," "will negotiate," or similar, will be considered non-responsive. Each Bid Proposal must be accompanied by the required Bid Security and completed Bid Schedule, Subcontractor List, Bidder's Questionnaire, and Non-Collusion Declaration using the forms included in the Contract Documents.
/ "
Livermore Contract Documents, page 9
Instructions to Bidders
Item 5.8
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17. Withdrawal of Bid Proposals Prior to Bid Opening
A Bid Proposal may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids.

18. Withdrawal of Bid Proposals After Bid Opening.

A Bid Proposal may not be withdrawn for a period of 90 days after the bid opening without forfeiture of the bid security, except as authorized for material error under Public Contract Code, Section 5100, et. seq.

19. Right to Reject.

City reserves the right, acting in its sole discretion, to waive immaterial bid irregularities, the right to accept or reject any and all bids, or to abandon the Project entirely. The Contract will be awarded, if at all, within 90 calendar days after opening of bids.

20. Apparent Low Bidder Notice.

Once City staff has identified the lowest responsive bid submitted by a responsible bidder, that bidder will be considered the Apparent Low Bidder to which the City will send an ALB Notice. The ALB Notice will include copies of the Contract, payment, performance and warranty bonds, as well insurance requirements and request for business licenses to be executed by the bidder which bidder must execute and return to the City within ten days after issuance of the Apparent ALB Notice.

Failure or refusal to provide the fully executed contract documents within ten days after issuance of the Apparent ALB Notice shall be just cause for an annulment of the award and forfeiture of the Bid Security. If the lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the second lowest responsive, responsible bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the third lowest responsive, responsible bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such bidder's Bid Securities shall be likewise forfeited to the City.

21. Bonds.

The successful bidder is required to submit payment, performance, and warranty bonds as specified in the Contract Documents using the bond forms included in the Contract Documents. These bonds must be calculated on the total Contract price as stated in the ALB Notice, including additive alternates, if applicable. The bidder must provide the payment, performance, and warranty bonds within ten days after issuance of the Apparent ALB Notice.

Livermore Contract Documents, page 10
Instructions to Bidders
Item 5.8
Public Comment
1453

22. Bid Protest.

Any bid protest must be in writing and received by City at the City Clerk's Office, City of Livermore, 1052 South Livermore Avenue, Livermore, CA 94550 before 5:00 p.m. no later than two Working Days following bid opening and must comply with the following requirements:

22.1. General.

Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. If required by City, the protesting bidder must submit a non-refundable fee in the amount specified by City, based upon City's reasonable costs to administer the bid protest. Any such fee must be submitted to City no later than the Bid Protest Deadline, unless otherwise specified

22.2. Protest Contents.

The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the person representing the protesting bidder if different from the protesting bidder.

22.3. Copy to Protested Bidder.

A copy of the protest and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

22.4. Response to Protest.

The protested bidder may submit a written response to the protest, provided the response is received by City before 5:00 p.m., within three Working Days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the "Bid Protest Response Deadline"). The response must include all supporting documentation.

Material submitted after the Bid Protest Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person representing the protested bidder if different from the protested bidder.

Livermore Contract Documents, page 11
Instructions to Bidders
Item 5.8
Public Comment
1454

22.5. Copy to Protesting Bidder.

A copy of the response and all supporting documents must be concurrently transmitted by fax or by e-mail, by or before the Bid Protest Deadline, to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

22.6. Exclusive Remedy.

The procedure and time limits set forth in this section are mandatory and are the bidder's sole and exclusive remedy in the event of bid protest. A bidder's failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.

23. Right to Award.

City reserves the right to award the Contract to the bidder it has determined to be the lowest responsive bid submitted by a responsible bidder, and to issue a notice to proceed with the Work notwithstanding any pending or continuing challenge to its determination.

END OF INSTRUCTIONS TO BIDDERS
Livermore Contract Documents, page 12
Instructions to Bidders
Item 5.8
Public Comment
1455
r.XHIBIT 4
Item 5.8
Public Comment
1456
Thursday, June 26, 2025 at 4:22:57 PM Mountain Daylight Time Subject:

Date:

From:

To:

Re: Springtown Community Park and DG Course/ALB/Schreder & Brandt Monday, June 23, 2025 at 11 :56:26AM Mountain Daylight Time Carolyn Atkinson
Roberto Escobar, Jackie Pravong
CC: Jaimeen Mehta
Attachments: image001.png
Thank you Roberto for your email, we are in agreement with your total of $5,386,951.50.

I will be your main point of contact, and we look forward to working with you and the City of Livermore on the Springtown Community Park Project.

Best regards ,
Carolyn Atkinson
~SCHREDER
g &BRANDT

SCHREDER & BRANDT MGF INC

CAROLYN ATKINSON
General Manager
Direct 479.295.0221 I Office 530.899.1104
P.O. Box 631 O I Chico, CA 95927
CA Lie. Number 748129
DIR 10000054582
From: Roberto Escobar <[email protected]>
Date: Monday, June 23, 2025 at 11 :48 AM
To: Jackie Pravong <[email protected]>, Carolyn Atkinson <[email protected]>
Cc: Jaimeen Mehta <[email protected]>
Subject: Springtown Community Park and DG Course/ALB/Schreder & Brandt Hi Jackie,
I wanted to let you know that are examining all the bid proposals and Schreder & Brandt Mfg is the apparent low bidder.

We have detected your base bid proposal cost to be$ 5,386,951.50 instead of $5,451,415.21. Let me know if it is a detriment.
1 of 2
Item 5.8
Public Comment
1457
Let me know if you have any questions.

Thank you.

Roberto Escobar, PE
Senior Civil Engineer
COD/Engineering Div.
(925) 960-4532 desk
rjescobar@I ive rmoreca. gov
www.livermoreca.gov
2 of 2
Item 5.8
Public Comment
1458
Thursday, June 26, 2025 at 3:40:42 PM Mountain Daylight Time Subject:

Date:

From:

To:

RE: Response from Schreder & Brandt Mtg. Inc.

Monday, June 23, 2025 at 12:57:28 PM Mountain Daylight Time Roberto Escobar
Carolyn Atkinson
CC: Jaimeen Mehta
Attachments: image001.png
Hi Carolyn,
We have received your revised sub-contractor's list.

Thank you.

Roberto Escobar, PE
Senior Civil Engineer
COD/Engineering Div.
(925) 960-4532 desk
[email protected]
www.livermoreca.gov
From: Carolyn Atkinson <[email protected]>
Sent: Monday, June 23, 2025 11:30 AM
To: Roberto Escobar <[email protected]>
Subject: Re: Response from Schreder & Brandt Mfg. Inc.

You don't often get email from carol)'[email protected]. Learn whY. this is important Exercise Caution: This message is from outside the City email system. Do not open links or attachments rom untrusted sources.

Hello Roberto ,
Please note the attached information you requested , our sub-contractor list with percentages included .

We will be self -performing the remainder of the work for this project.

Thank you,
Carolyn
~SCHREDER
g &BRANDT
1of2
Item 5.8
Public Comment
1459

SCHREDER & BRANDT MGF INC

CAROLYN ATKINSON
General Manager
Direct 479.295.0221 I Office 530.899.1104
P.O. Box 6310 I Chico, CA 95927
CA Lie. Number 748129
DIR 10000054582
From: Carolyn Atkinson <[email protected]> Date: Monday, June 23, 2025 at 11 :46 AM
To: rjescoba r@liverm oreca.gov <rjescobar@liverm oreca.gov> Subject: Response from Schreder & Brandt Mfg. Inc.

Hello Roberto ,
We are preparing the additional information that you requested regarding for the portion of work per subcontractor and will send that to you shortly today.

I wanted to reconfirm that your calculations have revised our bit total to $5,386,951.50 as discussed last Friday .

Thankyou,
Carolyn
~SCHREDER
g &BRANDT

SCHREDER & BRANDT MGF INC

CAROLYN ATKINSON
General Manager
Direct 479.295.0221 I Office 530.899.1104
P.O. Box 631 O I Chico, CA 95927
CA Lie. Number 748129
DIR 10000054582
2 of 2
Item 5.8
Public Comment
1460
Item 5.8
Public Comment
1461
Part A· Park Schedule Part B • Oise Golf Schedule
Page#1 Page#5

1..1 $ 37,500.00 2.1 $ 9,000.00

1.5 $ 200,600.00 2.4 $ 5,000.00
1;6 $ 692,500.00 2.5 $ 6,726:00

1.7 $ 27,382.00 2.6 $ 9,204.00
i.8 $ 13,750.00 2.7A $ 995.92

1.9 $ 41,250.00 2.7B $ 12i117.60

1.10. $ 132,858.00 2.70 $ 1,416.00

1.10A $ 132,85$.00 2.8 $ 31,500.00

1.14 $ 8,773.54 2.9 $ 2,714.00
$ 1,287,471.54 2.14 $ 3,540.00

2.15 $ 35,706.80
Page#2 $ 117,980.32

1.15 $ 12,094.00

1.18 $ 39,825.00 Pag_e#6

1.20. $ 1,500.00 2.16 $ 9,687.80

1.32 $ 3,304.00 2.19 $ 10,407.19

1.33 $ 7,740.80 2.25 $ 80,000.00

1.34 $ 12,272.dO $ 100,094.99

1.35 $ 14,455.00
$ 91.190.80
Total Part A
Page#3 Page#l $ 1,287,471.54

1.37 $ 1,132.80 Page#2 $ 91,190.80

1.38 $ 8,496.00 Page#3 $ 107,681.66

1.39 $ 15,222.00 Page#4 $ 206,576.14

1.40. $ 4,041.50 Total $ 1,692,920.14

1.41 $ 15,859.96

1.42 $ 14,230.80

1.43 $ 7,976.80 Total Part B

1.44 $ 8,401.60 Page#5 $ 117,980.32

1.45 $ 19,257.60 Page#6 $ 100~094.99

1.46 $ 13,062.50 $ 218;079 31
$ 107,681.66
Page#4 TotatPaltA $ 1,692,920.14

1.76 $ 6,576.14 TotalP~rtB $ 218,075.31
Total- Self

1.n $ 200,000.00 Perform $ 1,,9.10,995.45
$ 206,576.14
Item 5.8
Public Comment
1462

EXHIBIT&
Item 5.8
Public Comment
1463
VVW"-" y•• • •..,.,.y • ..... • =z"
For each Subcontractor who will perform a portion of the Work In an amount in excess of one-half of 1 % of the Bidder's total Contract Price, or for street, highway or bridge construction for Subcontractor work of $10,000 or more, the bidder must use this fonn and list the Subcontractor, describe the work, the Subcontractor's California contractor's license, Department of Industrial Relations ("DIR•) Number, the location of its place of business and the percentage of the Work the Subcontractor will perform.

Print legibly. Illegible forms may be 19jected as non-responsive.

Subcontractor DeecrtPtJ0n .of Work catifomla ·coniractor Lk:enae No .. California OIR No. Busine$8 Location Percent' of Proj8ct Work "1St.P7C,'-{ /0eJo0&pB31<o I '7%
I J'/%
ff.ec. ..., T'i:(Z. I (.fos I I %
. s --
-3%
$u..\?@P , 5°;.
:Jek
Livermore Contract Documents, page 23
Subcontractor List
.
'S
I Do&JOl3'-/8··
10C:£:>o{)

END OF SUBCONTRACTOR UST
I /()%
Ll- I
C' '-'9.A s.; G.\ I S'4
81;
Item 5.8
Public Comment
1464
Item 5.8
Public Comment
1465
June 25, 2025
Sent via e-mail to [email protected] and U.S. Mail to:

Seward L. Schreder
Schreder & Brandt Mfg. Inc.
180 East 4th St. Suite 100
Chico, CA 95928
Attn: Carolyn Atkinson
Subject: City of Livermore Response to Bid Protest
Springtown Community Park and Disc-Golf Course Project. CIP No. 202319 The City received a timely bid protest letter from Grade Tech Inc. dated June 23rd, 2025 (Attached) after the Bid Opening on June 19th, 2025 at 2:30 PM.

Upon the City's initial review of the bid materials as well as the bid protest submitted by Grade Tech Inc., City staff conducted a detailed review of the individual bid proposals. As part of the City's review of Schreder & Brandt Mfg. Inc's. Bid Proposal, the apparent low bidder, we found a total of 21 mathematical errors and one unit price omission.

City Staff also discovered omissions concerning corporate representative signature requirements and failure to timely indicate the subcontractor percentage listing requirements on the bid documents.

The City attempted to make the appropriate corrections based on Section 11 Incorrect Totals on Instruction to Bidders, Page No. 8. that resulted in a revised total Base Bid amount of $5,386,951.50 instead of $5,451,415.21 . In this attempt, it is noted that overall, the handwritten pricing and totals on the Bid Schedule form was very difficult for staff to read and identify. Since staff had to subjectively interpret inconsistent math to determine the totals, this raises concerns about material irregularities in the bid, and whether the bid is clear and unambiguous on its face which is a requirement for responsiveness.

In addition, there are other errors in the bid submission that cannot be waived by the City without resulting in an unfair advantage to Schreder & Brandt over the next lowest bidder, Grade Tech Inc. As a result of this review, City staff has deemed Schreder & Brandt Mfg. lnc.'s Bid Proposal to be non-responsive and not waivable based on the following reasons:

City Hall 1052 South Livermore Avenue · Livermore, CA 94550 www.ci.livermore.ca.us Item 5.8
Public Comment
1466
Schreder & Brandt Mfg. Inc. Letter Regarding Bid Protest by Grade Tech Inc.

June 25, 2025