Agenda packet — Livermore City Council, October 13, 2025 (part 1 of 3)

CITY COUNCIL
AGENDA
MONDAY, OCTOBER 13, 2025
REGULAR MEETING –
7:00 PM
CLOSED SESSION - 6:00 PM

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

CIVIC CENTER MEETING HALL

CITY COUNCIL CHAMBER
1016 S. LIVERMORE AVENUE
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:

Comcast TV Channel 29
tv29live.org
John P Marchand, Mayor
Evan Branning, Vice Mayor
Ben
Barrientos, Council Member
Steven Dunbar, Council Member
Kristie Wang, Council Member
Livermore City Council Agenda
October 13, 2025

1 1.

CLOSED SESSION - 6:00 PM

Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
Note: This Closed Session my be continued to the end of the Regular Meeting.

1.1 Public Employee Performance Evaluation. Annual evaluation of City Manager, pursuant to Government Code section 54957.

1.2 Conference with Labor Negotiators. To meet with Mayor Marchand and Vice-Mayor Branning, the City’s negotiators, pursuant to Government Code section 54957.6 regarding negotiations for salary and compensation for Unrepresented Employee – City Manager.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS - NONE

4. ADVISORY BODY APPOINTMENTS

4.1 Confirm Advisory Body appointments to the Historic Preservation Commission and the Human Services Commission and direct the City Clerk to administer the oath of office.

Recommendation:

The City Council Subcommittee on Advisory Bodies recommends the City Council confirm the advisory body appointments to the Historic Preservation Commission and the Human Services Commission, and direct the City Clerk to administer the oath of office.

Staff Report

5. OPEN FORUM

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

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

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

ROLL CALL

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

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION

Livermore City Council Agenda
October 13, 2025

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

6. CONSENT CALENDAR

Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker card found at the entrance of the Council Chambers. A speaker is limited to a single comment with a maximum of three minutes for the entire Consent Calendar. If Consent Calendar items are pulled for discussion by the City Council, a speaker will be allowed one comment per item on the items pulled for discussion and a separate comment for the remaining Consent Calendar.

6.1 Approval of draft minutes - September 8, 2025 Regular Meeting

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. DRAFT 2025-09-08

6.2 Adopt an ordinance amending Title 3, Chapter 3.45 Social Opportunity Endowment Fund (SOE) sections 3.45.020 Purpose of the Fund and 3.45.040 Administration and Organization of Fund in the Livermore Municipal Code.

Recommendation:

Staff recommends the City Council
adopt an ordinance
amending Title 3. Chapter 3.45
Social Opportunity Endowment Fund sections 3.45.020 Purpose of the Fund and 3.45.040 Administration and Organization of Fund in the Livermore Municipal Code.

Staff Report

Attachments:

1. Ordinance

2. Exhibit A - Chapter 3.45 Social Opportunity Endowment Fund

6.3 Resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the Resurfacing and Sidewalk Improvements Project, comprised of the Street Resurfacing Project SM202201, Sidewalk Repair Project SM202302, and ADA Access Ramps Project SM202107.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and authorizing the City Manager to sign the Notice of Completion for the Resurfacing and Sidewalk Improvements Project, comprised of the Street Resurfacing Project SM202201, Sidewalk Repair Project SM202302, and ADA Access Ramps Project SM202107.

Staff Report

Livermore City Council Agenda
October 13, 2025

3 Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Notice of Completion

6.4 Resolution approving Final Tract Map 8388 Cherry Way, authorizing execution of a Subdivision Improvement Agreement for the Cherry Way Development, located at Cherry Way and Goldenrod Drive, and accepting on behalf of the public, all real property offered for dedication within Final Tract Map 8388 except for certain easements which the City Council reserves the right to accept at a future date.

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Finding that the requirements of the California Environmental Quality Act have been satisfied;
2 .

Approving the Final Tract Map 8388 for recording;
3 .

Approving and authorizing execution of the Subdivision Improvement Agreement for Final Tract Map 8388
which includes a 12-month extension (24 months in total) to complete the required improvements; and
4 .

Accepting, on behalf of the public, all real property offered for the dedication within Final Tract Map 8388 in conformance with the terms of the offer except for the Public Utility Easement (P.U.E.) and Street Dedications including Cherry Way and Central Avenue, which the Council rejects at this time reserving the right to accept the offer at a future date.

Staff Report

Attachments:

1. Vicinity Map

2. Resolution

3. Exhibit A - Final Tract Map 8388

4. Exhibit B - Subdivision Improvement Agreement

6.5 Resolution authorizing the execution of a first amendment to the agreement with CSG Consultants, Inc. for on-call engineering map and plan review services for development projects and improvement plans, increasing the not-to-exceed amount from $400,000 to $800,000, adding language to allow the City to modify the contract, and extending the contract term through December 31, 2028.

Recommendation:

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the first amendment to the agreement with CSG Consultants, Inc. for on-call engineering map and plan review services for development projects and improvement plans, increasing the not-to-exceed amount from $400,000 to $800,000, adding language to allow the City to modify the contract, and extending the term of the contract through December 31, 2028.

Staff Report

Attachments:

Livermore City Council Agenda
October 13, 2025

4 1. Resolution

2. Exhibit A - First Amendment with CSG Consultants, LLC

6.6 Resolution authorizing the City Manager to approve and execute change orders or contract amendments for the Golf Course Damage Repair Project SD202132, (FEMA PA-09-CA-4308- PW-00602), in an amount not to exceed ten percent of the construction contract value of $2,680,785.

Recommendation:

Staff recommends that the City Council adopt a resolution authorizing the City Manager to approve and execute change orders or contract amendments for the Golf Course Damage Repair Project SD202132, (FEMA PA-09-CA-4308-PW-00602), in an amount not to exceed ten percent of the construction contract value of $2,680,785.

Staff Report

Attachments:

1. Site Map

2. Grade Tech Executed Construction Contract

3. Resolution

6.7 Resolution authorizing execution of an agreement with Carollo Engineers, Inc., in an amount not-to-exceed $1,783,054 and a term ending June 30, 2029, to provide design and construction support services for the Water Reclamation Plant Digester Heating Loop Replacement Project WW202315.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Carollo Engineers, Inc., in an amount not-to-exceed $1,783,054 and a term ending June 30, 2029, to provide design and construction support services for the Water Reclamation Plant Digester Heating Loop Replacement Project WW202315.

Staff Report

Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Agreement

6.8 Resolution authorizing the execution of a maintenance and support agreement with Sun Ridge Systems, Inc. to provide software support and services for the public safety computer-aided dispatch/records management/report writing software and related systems in an amount not- to-exceed $395,003 through October 31, 2028.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to sign an agreement with Sun Ridge Systems, Inc. to provide continued software support for the City’s Public Safety Computer Aided Dispatch/Records Management/Report Writing Software and related systems in an amount not-to-exceed $395,003 through October 31, 2028, in accordance with Livermore Municipal Code 2.68.060.

Livermore City Council Agenda
October 13, 2025

5 Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement

6.9 Resolution authorizing execution of an agreement with National Trench Safety, Inc. for traffic control services at the San Francisco Premium Outlets and other sites as needed throughout the city, in an amount not-to-exceed $1,700,000, from November 1, 2025, through October 31, 2030.

Recommendation:

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an agreement with National Trench Safety, Inc. for traffic control services at the San Francisco Premium Outlets and other sites as needed throughout the city, in an amount not- to-exceed $1,700,000, from November 1, 2025, through October 31, 2030.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement

6.10 Resolution awarding and authorizing the execution of an agreement with TriValley Janitorial Service and Supply, Inc. to provide janitorial services at various City facilities in an amount not-to-exceed $3,300,000 for a five-year term ending December 31, 2030.

Recommendation:

Staff recommends the City Council adopt a resolution awarding and authorizing execution of an agreement with TriValley Janitorial Service and Supply, Inc. (TriValley Janitorial) to provide janitorial services at various City facilities in an amount not-to-exceed $3,300,000 for a five- year term ending December 31, 2030.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement

6.11 Resolution awarding and authorizing the execution of an agreement with Mission Critical Specialists, Inc. to replace the uninterruptible power supply at City Hall, Police Station, and Civic Center Library in an amount not-to-exceed $300,000 for a one-year term ending October 31, 2026.

Recommendation:

Staff recommends the City Council adopt a resolution awarding and authorizing execution of an agreement with Mission Critical Specialists, Inc. to replace the uninterruptible power supply at City Hall, Police Station, and Civic Center Library in an amount not-to-exceed $300,000 for a one-year term ending October 31, 2026.

Livermore City Council Agenda
October 13, 2025

6 Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement

6.12 Resolution authorizing the execution of an agreement with Noll and Tam Architects in an amount not-to-exceed $302,140 and a term ending December 31, 2030, to provide plans, specifications, and engineering services during construction for the Civic Center Library Teen Space Improvement Project BL202418.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Noll and Tam Architects in an amount not-to-exceed $302,140 and a term ending December 31, 2030, to provide design and construction support services for the Civic Center Library Teen Space Improvement Project BL202418.

Staff Report

Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Agreement

6.13 Resolution authorizing California Statewide Communities Development Authority to form a Community Facilities District for the Isabel Crossing (Tract 8659) project in accordance with Development Agreement (DA22-001).

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Authorizing the California Statewide Communities Development Authority (CSCDA) to form a Community Facilities District (CFD) to allow for financing of impact fees and public infrastructure for the Isabel Crossing (Tract 8659) project to satisfy the CFD provisions under Development Agreement (DA22-001);
2 .

Determining that Section 2.68 of the Municipal Code Contracts and Purchasing does not apply to the project; and
3 .

Direct the City Engineer to review
to review the bid(s) solicited by the Developer and to
confirm that, for each facility, the amount paid to the Developer under the Acquisition Agreement does not exceed the actual cost of the facility.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - District Boundary

3. Exhibit B - Authorized Improvements and Fees

6.14 Resolution approving the Memorandum of Understanding between the City of Livermore and the Association of Livermore Employees.

Recommendation:

Livermore City Council Agenda
October 13, 2025

7 Staff recommends that the City Council adopt a resolution authorizing the execution of the Memorandum of Understanding (MOU) between the City of Livermore and the Association of Livermore Employees for the period of October 1, 2025, through September 30, 2029.

Staff Report

Attachments:

1. Redlined Memorandum of Understanding

2. Resolution

3. Exhibit A - ALE MOU 2025-2029

6.15 Resolution approving the City of Livermore Salary Plan as of October 6, 2025, in accordance with California Code of Regulations, Title 2, Section 570.5.

Recommendation:

Staff recommends the City Council adopt a resolution approving the City of Livermore Salary Plan as of October 6, 2025, in accordance with California Code of Regulations, Title 2, Section 570.5.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Salary Plan Dated October 6, 2025

6.16 Resolution accepting the Federal Emergency Management Agency (FEMA) 2024 Assistance to Firefighters Grant (AFG), appropriating $519,207, and entering into an agreement with FEMA to use the funds for three Emergency Medical Technicians (EMTs) to advance to the rank of Firefighter Paramedics

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Authorizing the City Manager, on behalf of and for the Livermore-Pleasanton Fire Department JPA (LPFD) in her capacity as a Joint Executive Director for LPFD, to execute any agreements and accept a $472,006 grant from FEMA; and 2 .

Authorizing appropriation of $519,207 including the $472,006 FEMA grant and $47,201 for the required match in LPFD's FY 2025-26 Operating Fund budget for the purpose of advancing EMTs to Firefighter Paramedics.

Staff Report

Attachments:

1. Grant Award Letter

2. Resolution

7. PUBLIC HEARINGS

7.1 Adoption of an ordinance amending and revising the Building Code, Property Maintenance Code, Fire Code, Electrical Code, Mechanical Code, Plumbing Code, Residential Code, Swimming Pool and Spa Code, Wildland Urban Interface Code, and the Green Building Standards Codes in the City's Municipal Code, to adopt by reference and amend the 2025

Livermore City Council Agenda
October 13, 2025

8 California Building Standards Code and the codes set forth therein.

No amendments are
proposed to the California Residential Code or other codes currently governing residential structures. All provisions related to residential construction remain substantially similar to current regulations, with only editorial revisions that do not affect regulatory requirements.

Recommendation:

Staff recommends the City Council
adopt an ordinance
, with an effective date of January 1,
2026:
1 .

Revising and amending Chapter 15.02 (Building Code), 15.04 (Property Maintenance Code), 15.06 (Fire Code), 15.08 (Electrical Code), 15.10 (Mechanical Code), 15.12 (Plumbing Code), 15.14 (Residential Code), 15.26 (Green Building Standards Code),

15.92 (Swimming Pool and Spa Code), and 15.94 (Wildland Urban Interface Code) in The Livermore Municipal Code.
2 .

Adopting new Chapters 15.02 (Building Code), 15.06 (Fire Code), 15.08 (Electrical Code), 15.10 (Mechanical Code), 15.14 (Residential Code), 15.26 (Green Building Standards Code), and 15.94 (Wildland Urban Interface Code) of the Livermore Municipal Code by adopting and amending the 2025 Editions of the California Building, Fire, Electrical, Mechanical, Plumbing, Residential, Wildland Urban Interface, and Green Building Standards Codes.
3 .

Adopting new Chapter 15.04 (Property Maintenance Code) and 15.92 (Swimming Pool and Spa Code), of the Livermore Municipal Code by adopting and amending the 2024 edition of the International Property Maintenance Code and the 2024 edition of the International Swimming Pool and Spa Code.
4 .

Find that all codes adopted herein related to residential structures are “substantially
similar” to the one currently in place and the Residential Code will not be amended before June 2031 in compliance with AB 130 and AB 306.

Staff Report

Attachments:

1. Ordinance

2. Exhibit A - Chapter 15.02, Building Code

3. Exhibit B - Chapter 15.04, Property Maintenance Code

4. Exhibit C - Chapter 15.06, Fire Code

5. Exhibit D - Chapter 15.08, Electrical Code

6. Exhibit E - Chapter 15.10, Mechanical Code

7. Exhibit F - Chapter 15.12, Plumbing Code

8. Exhibit G - Chapter 15.14, Residential Code

9. Exhibit H - Chapter 15.26, Green Building Standards Code

10. Exhibit I - Chapter 15.92, Swimming pool and Spa Code

11. Exhibit J - Chapter 15.94, Wildland-Urban Interface Code

12. Exhibit K - Notable Amendments to Building Standards Code

7.2 Hearing to receive and consider protests related to the annual fire hazard abatement program and confirm the 2025 Weed Abatement Program assessments for collection on the County Assessor tax roll.

Recommendation:

Staff recommends City Council consider all protests, and if Council finds appropriate, adopt a

Livermore City Council Agenda
October 13, 2025

9 resolution overruling protests and confirming the 2025 weed abatement assessments and direct staff to file a certified copy of the assessment report with the County Auditor.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - 2025 Weed Abatement Assessments

8. MATTERS FOR CONSIDERATION - NONE

9. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS

10. ADJOURNMENT

To a Regular City Council meeting on Monday, October 27, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.

11. SUPPLEMENTAL MATERIALS

11.1 Supplemental materials received prior to the meeting.

Staff Report

Attachments:

1. Supplemental Materials

12. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING

You can participate in the meeting in a number of ways:

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

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

Other Agenda Items
are also open for public input including Advisory Body Appointments, Consent Calendar, or Matters for Consideration items. These comments are also subject to the 3-minute limit. Public comment is not accepted on Proclamations and Presentations.

Special Meetings, Workshops
- The public will have the opportunity to address the City Council regarding the item that is the subject of the special meeting or workshop. Public

Livermore City Council Agenda
October 13, 2025

10 comments are limited to a maximum of 3 minutes per person.

Platforms to Participate in Meetings:

Submission of Comments Prior to the Meeting:

Email Comments
may be submitted by the public to the City Clerk’s Office (
[email protected]
). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.

eComments
may be submitted by the public using the eComment link
here
. Comments may
be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.

Submission of Comments During the Meeting:

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

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

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

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

If you would like to deliver written materials to the City Council as part of your public comment, please provide 10 copies to the City Clerk with your speaker card.

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

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

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

LIVERMORE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION, Livermore City Council Agenda
October 13, 2025

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

ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE

CONTACT THE ADA COORDINATOR AT
[email protected]
OR
CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.

Livermore City Council Agenda
October 13, 2025

12 CITY COUNCIL STAFF REPORT
ITEM NO. 4.1

DATE:

October 13, 2025
TO:

Honorable Mayor and City Council
FROM:

Marianna A. Burch, City Manager
SUBJECT:

Confirm Advisory Body appointments to the Historic Preservation Commission and the Human Services Commission and direct the City Clerk to administer the oath of office.

RECOMMENDED ACTION

DECISION TYPE
Administrative

SUMMARY
On September 17, 2025, the City Council Subcommittee on Advisory Bodies interviewed applicants for vacancies on the Historic Preservation Commission and the Human Services Commission and have submitted their recommendation for City Council consideration and appointment.

DISCUSSION
On September 17, 2025, the City Council Subcommittee on Advisory Bodies interviewed applicants for vacancies on the Historic Preservation Commission, and the Human Services Commission and recommends confirmation of the following appointments:

Historic Preservation Commission 2 Vacancies
Appointment to an unexpired term ending May 1, 2028

Daniel Curtis

Appointment to an unexpired term ending May 1, 2029

13 Devon Caulfield
Human Services Commission, 3 Vacancies
Appointment to an unexpired term ending November 1, 2028

Yang (Anna) You

Reappointment to regular term ending November 1, 2029

Tracy Nakamura

Appointment to regular term ending November 1, 2029

Steven Cox

Upon the City Council’s confirmation of the appointments by motion, the City Clerk will administer the oath of office to new appointees.

FISCAL AND ADMINISTRATIVE IMPACTS

No material fiscal or administrative impacts result from confirmation of these appointments.

COMMUNITY PILLAR

5: A City That Works

GOAL

2: Engage effectively with the City's advisory bodies

ATTACHMENTS

Prepared by: Helena Graves
Deputy City Clerk

DATE:

October 13, 2025
TO:

Honorable Mayor and City Council
FROM:

Marianna A. Burch, City Manager
SUBJECT:

Approval of draft minutes - September 8, 2025 Regular Meeting

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

DECISION TYPE
Administrative

SUMMARY

DISCUSSION

ATTACHMENTS

1. DRAFT 2025-09-08

Prepared by: Debbie Elam
City Clerk

DRAFT MINUTES

CITY COUNCIL
SEPTEMBER 8, 2025
________________________________________________________________

SUMMER LEARNING AWARDS PRE

SENTATION
6:00 PM
LIBRARY SUMMER LEARNING AWARDS - 6:00 pm

1. CALL TO ORDER - Mayor Marchand ca lled the meeting to order at 6:03 pm. Present: Mayor John Marchand, Vice Mayor Evan Branning, and Council Members Steven Du
nbar, and Kristie Wang. Council Member Barrientos was
absent. Library Director Anwan Baker and Assistant Library Ser vices
Director Nathan Brumley presented the Summer Reading Program awards.

Council Member Barrientos arrived at 6:3
6 pm.
________________________________________________________________

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

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

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

Mayor Marchand opened the public comment period.

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

1. ADJOURN TO CLOSED SESSION

1.1 Conference with Legal Counsel - Existi ng Litigation. To meet with legal counsel pursuant to Government Code se ction 54956.9(d)(1) to discuss litigation that has been formally initiated. (one case)

1.2 Conference with Real Property Negotia tor. To meet with Paul Spence, Assistant City Manager and Br ent Smith, Community De velopment Director, the City’s negotiators pursuant to Government Code section 54956.8, regarding the sale and purchase of a portion of real property at Assessor’s Parcel No. 99-950-8- ATTACHMENT 1
16 CM/76/2 Minutes SEPTEMBER 8, 2025

2. The City's negotiators may negotiate wi th Mat Fuzie, General Manager, on behalf of Livermore Area Recreation and Park District. The instructions will concern price and terms of payment.
________________________________________________________________

REGULAR MEETING

2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:01 pm, held in person at 1016 S. Livermore Avenue.

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

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION

Acting City Attorney Tara Mazzanti provided the following report of action taken in Closed Session:

Pursuant to Government Code 54957.1(a), I’ m reporting that in the matter of Alameda County Taxpayers’ Association and Alan Heckman v. City of Livermore, Alameda County Superior Court Case No . 23CV047436, the City Council voted unanimously to approve the settlement agr eement and mutual release signed by the Petitioners that releases the City of Livermore and resolves the lawsuit in exchange for:

1. A $1,562,379 credit to the water ut ility and $2,220,621 credit to the sewer utility pursuant to Government Code 53758.5;

2. Cessation of charging the water and sewer utilities rent for the use of the public right-of-way pursuant to the methodology in the 2009 MGT of America Study;

3. Creation of a restricted fund for street pavement maintenance costs paid by the water and sewer utilities; and

4. The payment of $271,000 in attorneys’ fees.

This case concerned transfers of funds fr om the water, sewe r, and stormwater enterprises to the general fund. The City Council has authorized the City Manager to execute the settlement agreement and mutual release.

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation declaring September 2025 as Emergency Preparedness Month, presented to Herbert Cole, City of Livermore Emergency Manager

Mayor Marchand presented a proclamation to Herbert Cole, Emergency Manager, declaring September 2025 as Emergency Preparedness Month.

3.2 Proclamation declaring September 2025 as Library Card Sign-up Month, presented to Nathan Brumley, Assistant Library Services Director ATTACHMENT 1
17 SEPTEMBER 8, 2025 Minutes CM/76/3
Mayor Marchand presented a proclamation to Nathan Brumley, Assistant Library Services Director, declaring September 2025 as Library Card Sign-up Month.

3.3 Proclamation declaring Septem ber 15-21, 2025, as Pollution Prevention Week presented to Braden Christensen, Water Resource Source Control Inspector.

Mayor Marchand presented a proclamation to Braden Christensen, Water Resource Source Control Inspector, declaring September 15-21, 2025, as Pollution Prevention Week.

4. ADVISORY BODY APPOINTMENTS – NONE

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

Greg Scott provided a comment.

Connie Kopps provided a comment.

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

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

Item 6.8
Larry Gosselin provided a comment.

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

Item 6.1 was removed from the Consent Calendar for separate discussion and action.

ON THE MOTION OF COUNCIL MEM BER DUNBAR, SECONDED BY VICE MAYOR BRANNING, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 6.1.

6.1 Acknowledgement of draft minutes - February 1, 2021 Special Meeting.

Debbie Elam, City Clerk, attested the minutes from February 1, 2021.

6.2 Approval of draft minutes - July 28, 2025 Special Closed Session Meeting, July 28, 2025 Special Workshop Meeting, July 28, 2025 Regular Meeting, August 4, 2025 Special Closed Session Meeti ng, and August 11, 2025 Special Closed Session Meeting.

ATTACHMENT 1
18 CM/76/4 Minutes SEPTEMBER 8, 2025

6.3 Adoption of Ordinance 2179 amending Development Agreement (DA) 18- 001 revising the terms and timing of the off-site improvements including a public trail and public sewer line. The Devel opment 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.

6.4 Introduce an ordinance amending and revising the Building Code, Property Maintenance Code, Fire Code, Electrical Code, Mechanical Code, Plumbing Code, Residential Code, Swimming Pool and Spa Code, Wildland Urban Interface Code, and the Green Building St andards Codes in the City's Municipal Code, to adopt by reference and amend the 2025 California Building Standards Code and the codes set forth therein. No amendments are proposed to the California Residential Code or other codes currently governing residential structures. All provisions related to re sidential construction remain substantially similar to current regulations, with only editorial revisions that do not affect regulatory requirements.

6.5 Introduce an ordinance amending Title 3, Chapter 3.45 Social Opportunity Endowment Fund (SOE) sections 3.45. 020 Purpose of the Fund and 3.45.040 Administration and Organization of Fund in the Livermore Municipal Code.

6.6 Resolution 2025-138 ratifying the execution of a fourth amendment to the agreement with Consolidat ed Engineering Laborat ories for construction inspection, special inspections, and materi al testing services for the Livermore Village Parking Garage Project DR586003 to increase the not-to-exceed amount by $100,000 from $624,000 to $724,000 and extend the termination date to June 30, 2026.

6.7 Resolution 2025-139 authorizing execution of agreements with Swaim Biological, Inc., in an amount not-to- exceed $800,000 and with WRA, Inc. in an amount not-to-exceed $500,000 to provide on-call engi neering environmental support services with terms ending December 31, 2028.

6.8 Resolution 2025-140 authorizing the City Manager to execute a Memorandum of Agreement with the East Bay Regional Park District for the interim and long-term land management and monitoring of the 211-acre Doolan Canyon Conservation Easement Project that provides wildlife habi tat mitigation for the El Charro Specific Plan Development, Isabel Interchange Project, and the Livermore Toyota Dealership Development Project.

6.9 Resolution 2025-141 accepting the Altamont Landfill Open Space Committee’s recommendation to fund the Un iversity of California Davis Road Ecology Center grant reques t in the amount of $246,803 for consultant services; and
Resolution 2025-142 accepting the Altamont Landfill Open Space Committee’s recommendation to fund the C
alifornia Rangeland Trust grant request in the
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19 SEPTEMBER 8, 2025 Minutes CM/76/5
amount of $790,468, for the pur chase of a conservation easement for the Sweet Ridge Ranch (160-Acres) in eastern Alameda County; and
Resolution 2025-143 accepting the Altamont Landfill Open Space Committee’s recommendation to fund the Tr i-Valley Conservancy grant request in the amount of $25,000 for consultant services; and
Resolution 2025-144 accepting the Altamont Landfill Open Sp ace Committee's
recommendation to fund the Tr i-Valley Conservancy grant request in the amount of $500,000 for the purchase of the Altamont Hills property (32-acres) in eastern
Alameda County (APN 99-5680-4).

6.10 Resolution 2025-145 determining Tract 8659, Isabel Crossings, located south of Portola Avenue and west of Isabel Avenue, is annexed to the City of Livermore Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services).

6.11 Resolution 2025-146 determining that Parcel Map 11219, SMP 40, located south of Atlantis Street and Challenger Street is annexed to the City of Livermore Community Facilities District No. 2021-1 (Maintenance and Public Services).

6.12 Resolution 2025-147 adding the Arroyo Vista Base Repairs Project SM202629 to the 2025-2030 Capital Improvement Plan and authorizing allocations of $400,000 of County Measure BB – Local Streets & Roads (Fund 552) in Fiscal Year 2025-26.

6.13 Resolution 2025-148 authorizing an agreement be tween City of Livermore and The Alliance for Community Wellness dba La Familia to allocate $350,000 in Opioid Settlement Funds for predevelopmen t costs of a substance use disorder treatment facility located at 16459 Tesla Road in the unincorporated county.

6.14 Resolution 2025-149 authorizing execution of an agreement with Blair, Church & Flynn Consulting Engineers, in an amount not-to-exceed $289,400 and a term ending December 31, 2029, to pr ovide design and construction support services for the City Fleet Electrification, Phase 2 Project BL202514.

6.15 Resolution 2025-150 authorizing execution of a purchase order with 72 Hour LLC dba National Auto Fleet Group for four replacement Ford Super Duty F250 XL 2WD Super Cab Trucks with Scelzi bodies in an amount not-to-exceed $368,191.

6.16 Resolution 2025-151 approving City Council Policy on City Officials’ Use of Electronic Communications and Social Media.

6.17 Resolution 2025-152 appointing an Acting City Attorney.

7. PUBLIC HEARINGS

7.1 Hearing to consider a request to approve development of a new, approximately 225,500 square-foot light industrial building and research and ATTACHMENT 1
20 CM/76/6 Minutes SEPTEMBER 8, 2025
development facility on an approxim ately 14-acre vacant parcel along West Jack London Boulevard west of the Oaks Business Park and an economic incentive package. The faci lity would test and demonstrate commercially viable clean energy through fusion power.

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

1. Adopt a resolution finding that the pr oject is exempt under the California Environmental Quality Act secti on 21080.69, as amended by Senate Bill 131, a project that consists excl usively of a facility for advanced manufacturing and certif y/adopt an Addendum to the SMP 39/SMP 40 Environmental Impact Report, in accordance with the California Environmental Quality Act;

2. Introduce an ordinance, and waive the first reading of Planned Development Industrial Zoning Amendment (PD-I) 25-002 and direct staff not to proceed with a second reading or adoption of the ordinance if Pacific Fusion opts not to locate in Live
rmore, thereby invalidating the project
approvals established by resolution;

3. Adopt a resolution approving Ve sting Tentative Tract Map Amendment (VTTM) 8656/Subdivision (SUB) 25-001, Site Plan Design Review (SPDR) 25-005, and Conditional Use Permit (CUP) 25-002; and

4. Direct the Planning Manager to file a Notice of Exemption and Notice of Determination, in accordance with t he provisions of the California Environmental Quality Act, subject to project approval.

Recommendation: Staff recommended the City Council:

1. Adopt a resolution authorizing economic incentive package terms for Pacific Fusion and directing staff to proceed with negotiating an economic incentive agreement and to prepare related doc uments for subsequent Council action.

Emily LaDue, Planning Tech Consultant, presented the staff report.

Keith LeChien, co-founder and Chief Te chnology Officer for Pacific Fusion, provided br
ief comments.

Mayor Marchand opened the public hearing.

Greg Scott provided a comment.

Rick Stulen provided a comment.

Katie Marcel provided a comment.

Alan Burnham provided a comment.

Drew Felker provided a comment.

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21 SEPTEMBER 8, 2025 Minutes CM/76/7
Tracy Farhad provided a comment.

Alan Marling provided a comment.

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

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

ADOPTED THE FOLLOWING RESOLU TIONS AND INTRODUCED THE
FOLLOWING ORDINANCE:

Resolution 2025-153 finding that the project is exempt under the California Environmental Quality Act section 21080. 69, as amended by Senate Bill 131, a project that consists exclusively of a facility for advanced manufacturing Resolution 2025-054 certifying/adopting an Addendu m to the SMP 39/SMP 40 Environmental Impact Report, in accordanc e with the California Environmental Quality Act
Introduced an Ordinance and waived the first reading of Planned Development Industrial Z
oning Amendment (PD-I) 25-002 and direct staff not to proceed with a second reading or adoption of the ordinance if Pacific Fusion opts not to locate in Livermore, thereby invalidating the project approvals established by resolution Resolution 2025-155 approving Vesting Tentative Tract Map Amendment (VTTM) 8656/Subdivision (SUB) 25-001, Site Plan Design Review (SPDR) 25-005, and Conditional Use Permit (CUP) 25-002.

Resolution 2025-156 authorizing economic incentive package terms for Pacific Fusion and directing staff to proceed with negotiating an economic incentive agreement and to prepare related documents for subsequent Council action.

8. MATTERS FOR CONSIDERATION

8.1 Designation of voting delegate and alternates for the 2025 League of California Cities General Assembly.

Recommendation: Staff recommend the City Council appoint one voting delegate and up to two alternates to represent the City of Livermore at the 2025 League of California Cities General Assembly.

Mayor Marchand opened the public comment period.

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

ON THE MOTION OF MAYOR MARCHAND, SECONDED BY COUNCIL
MEMBER WANG AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL

APPOINTED VICE MAYOR BRANNING AS THE VOTING DELEGATE WITH ATTACHMENT 1
22 CM/76/8 Minutes SEPTEMBER 8, 2025
COUNCIL MEMBERS BARRIENTOS AND WANG AS ALTERNATES.

8.2 Resolution appointing and approving an employment contract with a new City Attorney.

Recommendation: The City Attorney Select ion Committee recommended the City Council adopt a resolution appointing Kimberly D. Cilley as City Attorney and approving the employment contract.

Tina Olson, Administrative Services Director, presented the staff report.

Mayor Marchand opened the public comment period.

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

ON THE MOTION OF COUNCIL MEM BER BARRIENTOS, SECONDED BY COUNCIL MEMBER DUNBAR AND CARRIE D ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2025-156 appointing and approving an empl oyment contract with a new City Attorney.

9. COUNCIL COMMITTEE REPORTS AND MA TTERS INITIATED BY CIT Y

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

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

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

Livermore Bikes and Brews 2025 Council Member Dunbar announced an upcoming annual event on October 11, 2025 and urged interested parties to register.

Livermore Lions Club Council Member Barrientos discussed his attendance at a virtual summit August 17, 2025 and a co -hosted Summer Festival event September 6, 2025.

City of Livermore/Livermore Area Recreation and Parks District Vice Mayor Branning announced the upcoming Liverm ore Community Service Day on September 20, 2025.

10. ADJOURNMENT – at 8:36 pm in memory of Alan Frank, former City Historian, to a Special City Council Meet ing on Monday, Septem ber 29, 2025 at 5:00 pm, and a Regular City Council Meeting on Monday October 13, 2025 at 7:00 pm, Civic Center Meeti
ng Hall, City Council Chamber, 1016 S. Livermore Avenue.

ATTACHMENT 1
23 SEPTEMBER 8, 2025 Minutes CM/76/9
APPROVED:

JOHN P. MARCHAND, MAYOR
ATTEST: ___
DEBORAH L. ELAM, CITY CLERK
ATTACHMENT 1
24 CITY COUNCIL STAFF REPORT
ITEM NO. 6.2

DATE:

October 13, 2025
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Adopt an ordinance amending Title 3, Chapter 3.45 Social Opportunity Endowment Fund (SOE) sections 3.45.020 Purpose of the Fund and 3.45.040 Administration and Organization of Fund in the Livermore Municipal Code.

RECOMMENDED ACTION

Staff recommends the City Council
adopt an ordinance
amending Title 3. Chapter 3.45 Social
Opportunity Endowment Fund sections 3.45.020 Purpose of the Fund and 3.45.040 Administration and Organization of Fund in the Livermore Municipal Code.

DECISION TYPE
Legislative

SUMMARY

DISCUSSION

ATTACHMENTS

1. Ordinance

2. Exhibit A - Chapter 3.45 Social Opportunity Endowment Fund

Prepared by: Josh Thurman
Human Services Programs Manager

25 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
26 1 ORDINANCE NO. _____

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN ORDINANCE AMENDING TITLE 3, CHAPTER 3.45 SOCIAL OPPORTUNITY ENDOWMENT FUND (SOE) SECTIONS 3.45.020 PURPOSE OF THE FUND AND

3.45.040 ADMINISTRATION AND ORGANIZATION OF FUND IN THE LIVERMORE

MUNICIPAL CODE

The Social Opportunity Endowment Fund (SOE) was established by City Council in 2006 (Municipal code section 3.45; Reso #2006-38; Ordinance No. 1790) to provide a long-term, stable funding source for the delivery of quality human services to low-income City of Livermore residents.

In 2006 Shea Homes initially capitalized the SOE through a Development Agreement (114-97) contribution for Tract 7610. The City received $956, 000 in revenue plus $94,193 in interest earned over the life of the fund which was fully expended between FY 2006-07 to FY 2022-23.

Due to the growing need for services in the community, and replenishment of SOE funds through development agreements, staff are recommending the SOE ordinance be amended to reflect inflation and the increase in cost of doing business. The current SOE ordinance, which was adopted in 2006, allows up to $80,000 to be spent per year on human services programs.

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

Section 1 . Purpose. This ordinance amendment to the Social Opp ortunity Endowment Fund ensures long-term sustainability to the fund.

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

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

A. Title 3 (Revenue and Finance). Chapter 45 (Social Opportunity Endowment Fund), Section 020 (Purpose of the fund) is amended to read as follows:

The purpose of the fund is to provide a long - term, stable funding source for the delivery of quality human services to low income city residents.

The primary goal of the fund is to maximize the efficient and cost - effective delivery of human services and t o facilitate collaborative efforts and a coordinated approach to improve and expand the delivery of quality human services to low income residents in the City.
27 2 ORDINANCE NO. _____

The fund is intended to be similar to an endowment whereby the balance of the fund is grown so that the interest earnings alone provide a stable source of revenue in addition to slowly drawing down the principal to support the delivery of human services in the City.

B. Title 3 (Revenue and Finance). Chapter 45 (Social Opportunity Endowment Fund), Section 040 (Administration and organization of fund), subsection E is amended to read as follows:

E. To maintain a consistent source of funding for human services, no more than $80,000 or 30 percent of the balance of the fund, whichever is less, $150,000 (“Available Award”), may be awarded each fiscal year. The Available Award shall be increased each fiscal year beginning fiscal year 2026-27 by 3% of the then current total of the Available Award.

The City is not obligated to award the full amount available e ach fiscal year for award from the fund. The maximum cumulative amount that may be awarded in a fiscal year shall not exceed the difference between the total amount to be awarded for human services for that fiscal year and the public service portion of the City’s community development block grant entitlement.

The remaining balance of the fund shall be invested consistent with Section 53601 of the Government Code and the City’s standard practices.

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

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

Section 6. Effective date . This Ordinance shall take effect 30 days after its adoption.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on September 8, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The ordinance was adopted at the regular meeting of the City Council held on October 13, 2025, by the following vote:

28 3 ORDINANCE NO. _____
AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Mayor, City of Livermore

ATTEST: APPROVED AS TO FORM:

___________________________ /s/ Daniel Gonzales
Deborah L. Elam Daniel Gonzales
City Clerk Deputy City Attorney

Exhibit A – Chapter 3.45 Social Opportunity Endowment Fund 29 Chapter 3.45

SOCIAL OPPORTUNITY ENDOWMENT FUND
Sections:

3.45.010 Creation of fund.

3.45.020 Purpose of the fund.

3.45.030 Definitions.

3.45.040 Administration and organization of fund.

3.45.050 Awards from fund.

3.45.010 Creation of fund.

The endowment fund known as the “social opportunity endowment fund” is hereby created and referred to in this chapter as the “fund.” (Ord. 1790 § 1, 2006)

3.45.020 Purpose of the fund.

The purpose of the fund is to provide a long- term, stable funding source for the delivery of quality human services to low income city residents.

The primary goal of the fund is to maximize the efficient and cost-effective delivery of human services and to facilitate collaborative efforts and a coordinated approach to improve and expand the delivery of quality human services to low income residents in the City.

The fund is intended to be similar to an
endowment whereby the balance of the fund is grown so that the interest earnings alone provide a stable source of revenue in addition to slowly drawing down the principal to support the delivery of human services in the City. (Ord. 2065 § 1(A), 2018; Ord. 1790 § 1, 2006)

3.45.030 Definitions.

The following words and phrases as used in this chapter shall have the following meanings:

A. “Human services” shall mean a broad range and intricate variety of programs, projects and activities designed to protect, improve and restore the personal welfare and well-being of residents of all ages and the social health of the community. By way of example, typical human services include, but are not limited to, social services, shelter, economic support, employment and training, education, health and protective services.

B. “Low income person” shall mean a person having an annual income of not more than 80 percent of the median income for the Oakland Standard Metropolitan Statistical Area as defined by the U.S. Department of

EXHIBIT A
30 Labor and U.S. Department of Housing and Urban Development for a family of similar size as determined in accordance with the Housing and Community Development Act of 1974, as amended. (Ord. 1790 § 1, 2006)

3.45.040 Administration and organization of fund.

A. The housing and human services division shall administer the operation of the fund, process applications for awards from the fund, and oversee the use of awards from the fund consistent with this chapter and the plan adopt
ed by City Council resolution.

B. The Human Services Commission shall evaluate applications for awards from the fund and make r
ecommendations to the City Council regarding the applications. The commission shall also render written r
eports to the City Council detailing the activities of the fund not less than once a year and at such other times as requested by the City Council.

C. The fund shall be interest-bearing. The interest accrued on the fund shall be deposited back into the fund.

None of the moneys in the fund shall revert to the general fund.

D. It is intended that the fund shall be financed through contributions from development agreements, reinvestment of interest earned on the balance of the fund, grants, gifts, donations, and other alternativ e
f
unding sources. However, the City’s general fund operating budget may include an annual appropriation for the fund as approved by the City Council based upon recommendations made by the Human Services Commission.

E. To maintain a consistent source of funding for human services, no more than $150, 000 (“Available Award”) may be awarded each fiscal year. The Available Award shall be increased each fiscal year beginning fiscal year 2026/2027 by 3% of the then current total of the Available Award.

The City is not obligated to award the full amount available each fiscal year for award from the fund. The maximum cumulative amount that may be awarded in a fiscal year shall not exceed the difference between the total amount to be awarded for human services for that fiscal year and the public services portion of the City’s community development block grant entitlement.

The remaining balance of the fund shall be invested consistent with Section 53601 of the Government Code and the City’s standard practices.

F. The City Council shall adopt by resolution a plan establishing the policies and procedures for the adm
inistration of the fund consistent with this chapter. At a minimum, the plan shall include:

1. A process for accepting and reviewing applications for awards from the fund.

EXHIBIT A
31 2. Criteria to be considered by the Human Services Commission when evaluating applications by eligible agencies and organizations for awards from the fund for qualified programs, projects, and activities.

3. Administrative requirements to monitor the use of an award including provisions for reporting and invoicing.

4. Procedures and requirements for the actual delivery and use of an award. (Ord. 2065 § 1(A), 2018; Ord. 1790 § 1, 2006)

3.45.050 Awards from fund.

A. Only public agencies and community-based organizations that have a 501(c)(3) status shall be eligible to apply for an award from the fund.

B. Only programs, projects, or activities that primarily benefit low income persons and are consistent with the policies set forth in this chapter and the plan adopted by City Council resolution shall be qualified for an award from the fund.

C. Awards from the fund shall be made only to eligible agencies and organizations for qualified programs, projects, and activities depending to the extent that a need for low income residents is identified in the City’s consolidated plan priorities or the human services needs assessment.

D. Housing and human services staff shall process applications for awards from the fund and present a list of eligible agencies and organizations to the Human Services Commission for qualifying programs, projects, and activities. The Human Services Commission will evaluate and rank the applications based upon the criteria in the Council’s resolution and provide a recommendation to the City Council for award from the fund.

E. The City Council may within its discretion make awards from the fund. The City Council is not obligated to follow the recommendations of the Human Services Commission. (Ord. 2065 § 1(A), 2018; Ord. 1790 § 1, 2006)

EXHIBIT A
32 CITY COUNCIL STAFF REPORT
ITEM NO. 6.3

DATE:

October 13, 2025
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the Resurfacing and Sidewalk Improvements Project, comprised of the Street Resurfacing Project SM202201, Sidewalk Repair Project SM202302, and ADA Access Ramps Project SM202107.

RECOMMENDED ACTION

DECISION TYPE
Administrative

SUMMARY
On June 24, 2024, City Council awarded the contract for construction of Resurfacing and Sidewalk Improvements Project, composed of Street Resurfacing Project SM202201, Sidewalk Repair Project SM202302, and ADA Access Ramps Project SM202107 to A. Teichert & Son, Inc., dba Teichert Construction. The contract was substantially completed on June 9, 2025, and reached final completion on July 30, 2025. The contract can now be accepted for permanent maintenance. The process to release the contractor's bonds can begin.

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

Street Resurfacing Project SM202201:

33 This project rehabilitated seven major road segments, including three arterial roads and four collector roads, totaling approximately 9,293 linear feet (LF) of roadway centerline. Improvements included base repairs, an asphalt concrete (AC) overlay, new pavement striping, and the installation of upgraded vehicle detection cameras at one signalized intersection (Las Positas Road at Hilliker Place). Pavement striping enhancements incorporated bike lane and crosswalk upgrades in accordance with the Bicycle, Pedestrian, and Trails Active Transportation Plan. In addition to the 7 segments, Holmes Street, between Concannon Boulevard and Wetmore Road was added to the project scope due to extensive pothole damage, requiring approximately 16,000 square feet of base repairs.

Sidewalk Repair Project SM202302:

The City of Livermore maintains an annual sidewalk program and budget to manage sidewalk issues.

City maintained sidewalk locations are prioritized and programmed for repairs. This project included repairs to 202 sidewalk sections, totaling approximately 21,537 square feet (SF) located at high pedestrian traveled locations. Several of these locations are at City owned and maintained, high traffic areas, such as the Civic Center Public Library. Additional locations included Carnegie Park, schools, and backing lot wall locations with high pedestrian traffic connecting to trails and pathways to parks. The City also takes requests from residents and included several locations for this sidewalk repair project that were requested by residents and met the priority criteria.

ADA Access Ramps Project SM202107:

The Americans with Disabilities Act (ADA) access ramps program is guided by requests from the Human Services Commission and the City of Livermore’s ADA Transition Plan. The program maintains and routinely updates a list of ramp locations, which are evaluated, prioritized, and planned for construction to ensure ADA compliance throughout the city. This project included constructing 63 ADA-compliant curb ramps at various locations. Locations were selected based on factors such as public safety concerns, high pedestrian use, and requests from residents with mobility challenges.

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

The project was completed in accordance with the contract documents in a manner acceptable to the City Engineer.

At time of award, the contractor provided a faithful performance bond guaranteeing completion of the project, and that bond must now be released. Six months after the date of the resolution accepting the project, the labor and materials bond guaranteeing the improvements should be reduced to an amount equal to any claims filed and of which notice has been given. The balance of the bond will be released upon the settlement of all claims and obligations for which the security was given (there are no known claims at this time). The security for the guarantee and warranty of work shall remain in effect for one year from the date of the resolution.

FISCAL AND ADMINISTRATIVE IMPACTS

The original construction contract was $4,178,975. The contingency budget for change orders is 10% of that amount or $200,000, whichever is greater, per Municipal code 2.68.590B. The final contract amount including change orders was $4,192,998. The total value of change orders was $14,023 (0.3% of the 34 contract amount), which consisted primarily of installing additional ADA-compliant curb ramps at various locations and additional asphalt base repairs on Holmes Street between Concannon Boulevard and Wetmore Road. The Street Resurfacing Project SM202201 is funded with State SB1 (Fund 561).

Sidewalk Repair Project SM202302 is funded with State Gas Taxes (Fund 560). ADA Access Ramps Project SM202107 is funded with State Gas Taxes (Fund 560). The budgets cover the cost for this construction contract, change orders, construction management, materials testing, inspection, and administration. No additional appropriations are required.

This maintenance work will not significantly increase operation and maintenance costs.

COMMUNITY PILLAR

1: A Safe Community That Thrives

GOAL

10: Work to maintain a safe and efficient local transportation network and address safety concerns.

ATTACHMENTS

1. Location Map

2. Resolution

3. Exhibit A - Notice of Completion

Prepared by: Nick Bagakis
Senior Engineering Technician

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE ACCEPTANCE FOR

PERMANENT MAINTENANCE, RELEASE OF THE SECURITY BONDS,

AND EXECUTION OF A NOTICE OF COMPLETION

(RESURFACING AND SIDEWALK IMPROVEMENTS PROJECT, COMPOSED OF THE STREET RESURFACING PROJECT SM202201, SIDEWALK REPAIR PROJECT SM202302 AND ADA ACCESS RAMPS PROJECT SM202107)

The City Engineer of the City of Livermore (“City”) has filed with the City Clerk a report in writing that all work on the Resurfacing and Sidewalk Improvements, Project (“Project”), has been completed to City standards. The Project is ready for acceptance by the City of Livermore for routine maintenance.

NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore that:

1. The faithful performance bond guaranteeing the Project is hereby released;

2. The labor and materials bond guaranteeing the Project shall, six months after the date of this resolution, be reduced to an amount equal to the amount of all claims filed and of whic h notice has been given. The balance of the bond shall be released upon the settlement of all such claims and obligations for which the security was given;

3. The security for the guarantee and warranty of work shall remain in effect for one year from the date of this resolution. The contractor is required to reconstruct any deficiencies that occur and to repair or replace defective materials during the maintenance period;

4. The City hereby accepts the improvements; and

5. The City Manager is authorized to sign the Notice of Completion, a copy of which is attached hereto as Exhibit A, and incorporated by this reference.

On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on October 13, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

37 2 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Tara Mazzanti_________________ Deborah L. Elam Tara Mazzanti
City Clerk Senior Assistant City Attorney

Exhibit A – Notice of Completion

38 EXHIBIT A
39 CITY COUNCIL STAFF REPORT
ITEM NO. 6.4

DATE:

October 13, 2025
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution approving Final Tract Map 8388 Cherry Way, authorizing execution of a Subdivision Improvement Agreement for the Cherry Way Development, located at Cherry Way and Goldenrod Drive, and accepting on behalf of the public, all real property offered for dedication within Final Tract Map 8388 except for certain easements which the City Council reserves the right to accept at a future date.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:
1 .

Finding that the requirements of the California Environmental Quality Act have been satisfied; 2 .

Approving the Final Tract Map 8388 for recording;
3 .

Approving and authorizing execution of the Subdivision Improvement Agreement for Final Tract
Map 8388
which includes a 12-month extension (24 months in total) to complete the required improvements; and
4 .

DECISION TYPE
Administrative

SUMMARY
1080 Central LLC (Developer) has completed a Final Tract Map and Subdivision Improvement Agreement for the Cherry Way Project in conformance with the conditions of approval for the Vesting Tentative Tract Map 8388. The proposed Subdivision Improvement Agreement will secure the construction of the public and private improvements. Public improvements include public streets, traffic control devices, sewer and water systems, curb, gutter, sidewalk, paving, striping and signage. Private improvements include private storm drain systems and bio-retention facilities. Final Tract Map 8388 can now be approved. All real property offered for dedication on Final Tract Map 8388 can be accepted at 40 this time except the Public Utility Easement (P.U.E.) and Street Dedications including Cherry Way and Central Avenue, reserving the right to accept the offers at a future date. Tract 8388 consists of 4 single family homes at the end of Cherry Way, consistent with the approved Vesting Tentative Tract Map.

DISCUSSION
On November 9, 2020, the City Council approved Vesting Tentative Tract Map 8388 (SUB 18-008) and the conditions of approval for the Cherry Way Project, consisting of 4 single-family detached homes at the lot between Cherry Way as shown in the Vicinity Map (Attachment 1). The Developer has completed the Final Tract Map and improvement plans for the project and staff has found them to be in substantial conformance with the conditions of approval for Vesting Tentative Tract Map 8388. The improvement plans have been approved and are on file with the City Engineer.

The Developer is responsible for funding and constructing public and private improvements required for this development. The project includes the following public improvements: public streets, traffic control devices, sewer and water systems, curb, gutter, sidewalk, paving, striping and signage.

The private
infrastructure improvements include the bio-retention facilities and storm drain system. These improvements will be privately maintained through the Homeowners Association.

The proposed Subdivision Improvement Agreement will secure the construction of the public and private improvements. The Developer has provided the required insurance and bonds securing the construction of improvements per the provisions of the Subdivision Improvement Agreement. The bonds are on file in the City Clerk's office. The bonds will be released once the public improvements have been completed and accepted by the City of Livermore.

According to Development Code section 10.05.090, the subdivider must complete the improvements within 12 months from the date of recording of the final map, unless an extension is granted by City Council. The subdivider has requested a 12-month extension to complete the improvements. Staff recommends that a 12-month extension be granted to the subdivider, for a total of 24 months, to provide time to complete the improvements as required.

Final Tract Map 8388 includes an offer of dedication for public utility easements and street dedications for Cherry Way and Central Avenue. Staff recommends the Council reject Public Utility Easement (P.U.E.) and Street Dedications including Cherry Way and Central Avenue, reserving the right to accept the offers at a future date, after these public improvements have been completed.

FISCAL AND ADMINISTRATIVE IMPACTS

Upon completion and acceptance of public improvements, the City will assume maintenance responsibilities for the public infrastructure. The estimated annual cost for maintenance of public infrastructure, including curb, gutter, sidewalk, paving, striping and signage, traffic control devices, and water is $2,274. $999 of this cost is funded by the Water Fund (Fund 640). The remaining $1,275 is funded by the General Fund (Fund 100) and other use taxes, which is partially derived from increased property taxes generated from the new development.

COMMUNITY PILLAR

1: A Safe Community That Thrives

41 GOAL

Facilitate new development consistent with the City's General Plan.

ATTACHMENTS

1. Vicinity Map

2. Resolution

3. Exhibit A - Final Tract Map 8388

4. Exhibit B - Subdivision Improvement Agreement

Prepared by: Christopher Ferrel
Associate Civil Engineer

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
42 VICINITY MAP - TRACT 8388
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.
1,200Livermore IT, GIS Services
200.0
1:NAD_1983_2011_StatePlane_California_III_FIPS_0403_
100.00 Feet200.00
9/9/2025 11:37:20
AM
Prepared:

Notes:

Scale:

ATTACHMENT 1

PROJECT SITE
43 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING FINAL TRACT MAP 8388 CHERRY WAY,

AUTHORIZING EXECUTION OF A SUBDIVISION IMPROVEMENT AGREEMENT

FOR THE CHERRY WAY DEVELOPMENT LOCATED AT CHERRY WAY AND

GOLDENROD DRIVE, AND ACCEPTING ON BEHALF OF THE PUBLIC ALL REAL PROPERTY OFFERED FOR DEDICATION WITHIN FINAL TRACT MAP 8388

EXCEPT FOR CERTAIN EASEMENTS WHICH THE CITY COUNCIL RESERVES THE

RIGHT TO ACCEPT AT A FUTURE DATE

(FINAL TRACT MAP 8388 – CHERRY WAY CUSTOM HOMES PROJECT)

1080 Central LLC (“Developer”) has presented Final Tract Map 8388 (SUB18-008) situated in the City of Livermore, County of Alameda, a copy of which is attached hereto as Exhibit A, in accordance with the provisions of the California Subdivision Map Act (“Act”) and the Livermore Development Code . The Developer has also presented a Subdivision Improvement Agreement , a copy of which is attached hereto as Exhibit B, providing for the improvements required as a condition of approval of the Final Tract Map.

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

The City Attorney has reviewed the surety provided by the Developer to secure performance of the Subdivision Improvement Agreement as required by California and City law.

On November 9, 2020, the City Council adopted Resolution No. 2020-206 which, among other things, approved Vesting Tentative Tract Map 8388 for the Cherry Way Custom Homes Project (the “Project”) subject to the conditions of approval. The City Council also determined that the Project was exemp t from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15332, which exempts infill development projects. Any potential impacts to the environment that may result due to approval of the proposed Final Parcel Map and Sub division Improvement Agreement were within the scope of the environmental review approved by Resolution No. 2020-205.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that, because any potential impacts to the environment that may be caused by approval of Final Tract Map 8388 and the Subdivision Improvement Agreement were within the scope of the environmental review approved as part of Resolution No. 2020- 205, the requirements of CEQA have been satisfied.

44 2 RESOLUTION NO. ________

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

1. Final Tract Map 8388, attached hereto as Exhibit A, is approved and all those parcels of land, easements, and other legal interests in land offered for public use are accepted in conformity with the terms of the offer, except for the following which the City Council rejects at this time, reserving the right to accept the offers at a future date subject to Government Code sections 66477.2 and 7050:

Public Utility Easement (PUE) and Street Dedication s including Cherry Way and Central Avenue

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

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

4. The City Clerk is directed to execute the certificate attached to the Final Tract Map 8388 and affix the Seal of the City and to record Final Tract Map 8388 and the Subdivision Improvement Agreement with the County Recorder.

On motion of Council Member _______________________, seconded by Council Member _______________________, the foregoing resolution was passed and adopted on October 13, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

____________________________ /s/ Molly A. O’Toole Deborah L. Elam Molly A. O’Toole
City Clerk Assistant City Attorney

Exhibit A – Final Tract Map 8388
Exhibit B – Subdivision Improvement Agreement
45 46
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Revised 11/10/2015 B19 – SIA

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EXHIBIT B

INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Developer shall maintain limits no less than:

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

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

3. Workers’ Compensation and Employer's Liability:

4. Pollution Liability:
$1,000,000 per occurrence.

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

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

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

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

1. The City of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Developer; or automobiles owned, leased, hired or borrowed by the Developer. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.
2021-502 KDC/JKS

EXHIBIT B

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2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Developer’s policy shall be primary and non- contributory and will not seek contribution from the City’s insurance or self- insurance and shall be at least as broad as ISO Form CG 20 10 04 13.

Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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

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

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

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550 Completed Operations
Developer shall maintain insurance as required by this contract for a minimum of five years following the completion of this project. In the event the Developer fails to obtain or maintain completed operations coverage as required by this agreement, the City of Livermore at its sole discretion may purchase the coverage required and the cost will be paid by the Developer. Completed Operations endorsement or coverage shall be at least as broad as Insurance Services Office CG 20 38. Developer shall require and verify that all subcontractors or other parties hired for this Agreement purchase and maintain coverage for indemnity and insurance requirements at least as broad of specified in this Agreement to the extent they apply to the scope of the subcontractor’s work with the same Certificate of Insurance requirements and naming as additional insureds all parties to this agreement. Developer shall include the following language in their agreements with Subcontractors: “Subcontractor agrees to be bound to Developer and City in the same manner and to the same extent as Developer is bound to City under the Agreement. Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, 2021-502 KDC/JKS

EXHIBIT B EXHIBIT B

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with any sub-subcontractor to the extend they apply to the scope of the Sub- subcontractor’s work. A copy of the City Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request.” Developer shall provide proof of such compliance and verification to the City upon request.

Verification of Coverage
Developer shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.
2021-502 KDC/JKS

EXHIBIT B EXHIBIT B

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CITY COUNCIL STAFF REPORT
ITEM NO. 6.5

DATE:

October 13, 2025
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing the execution of a first amendment to the agreement with CSG Consultants, Inc. for on-call engineering map and plan review services for development projects and improvement plans, increasing the not-to-exceed amount from $400,000 to $800,000, adding language to allow the City to modify the contract, and extending the contract term through December 31, 2028.

RECOMMENDED ACTION

DECISION TYPE
Administrative

SUMMARY
The proposed contract amendment with CSG Consultants, Inc. (CSG) will authorize continued on-call engineering development plan review services, including final map plan review, improvement plan review, and building permit reviews. This first amendment to the professional services agreement with CSG Consultants, Inc. will allow CSG to continue to provide project plan review services for development projects such as Tract 8659 Harridge, Tract 8094 Garaventa Hills and other future subdivision projects.

This first amendment increases the not-to-exceed contract amount from $400,000 to $800,000 and extends the term through December 31, 2028.

DISCUSSION
For the past twelve years, the City of Livermore (City) has hired engineering consultants to assist the 76 Engineering Division with development engineering tasks during workload surges. Their services include assisting staff in the review of development entitlement applications and identifying conditions of approval, improvement plan and final map review, legal description review, and general engineering services.

The Engineering Division requires multiple engineering consultants to assist in performing timely development reviews during workload surges. The workload related to development review fluctuates and the support of consultants allows the Engineering Division to provide quality reviews and timely customer service to the public, developers, and City staff. The consultants were shortlisted through a Request for Qualifications/Proposals. The professional services agreements provide on-call engineering plan review services including map plan review, improvement plan review, and building permit reviews.

These agreements authorize the City Engineer to approve work tasks related to the contract within the overall budget amount.

On February 27, 2024, the City entered into a professional service agreement with CSG Consultants, Inc. (CSG) to provide professional plan review services. The agreement was for a four-year term with a not-to-exceed contract amount of $400,000, which was based on the anticipated workload at that time.

Over the past year, demand for services from CSG Consultants has significantly increased, driven by accelerated development activity—particularly within the Isabel Neighborhood Specific Plan area. These services include technical review of final subdivision maps, civil improvement plans, and building permit applications to ensure full compliance with City standards, adopted design guidelines, and applicable regulatory frameworks, including stormwater management requirements and the California Subdivision Map Act.

This amendment will allow CSG to continue performing plan reviews for development projects such as Tract 8659 Harridge, Tract 8388 Cherry Way, and Tract 8094 Garaventa Hills.

This first amendment to the CSG agreement increases the not-to-exceed contract amount from $400,000 to $800,000, adds language to allow the City to modify the contract, and extends the term of the agreements through December 31, 2028.

FISCAL AND ADMINISTRATIVE IMPACTS

This first amendment increases compensation by $400,000, for a total not-to-exceed amount of $800,000. Funding for the amendment will be provided by the Engineering operating budget for consultant services. The City collects plan check fees from developers to offset these costs, no additional appropriation is required.

COMMUNITY PILLAR

2: Economy That Prospers

GOAL

5: Facilitate the development of commercial and industrial projects that provide high-quality local jobs and support a diverse local economy

ATTACHMENTS
77 1. Resolution

2. Exhibit A - First Amendment with CSG Consultants, LLC

Prepared by: Jarrett Rasmussen
Associate Civil Engineer

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A FIRST

AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
WITH CSG CONSULTANTS, INC. FOR ON-CALL ENGINEERING MAP

AND PLAN REVIEW SERVICES TO INCREASE THE NOT-TO-EXCEED
AMOUNT FROM $400,000 TO $800,000 AND EXTEND THE TERM
THROUGH DECEMBER 31, 2028

On February 2 6, 2024 , the City Council adopted Resolution No. 2024 -022, authorizing the City Manager to e xecute an agreement with CSG Consultants, Inc. (“Consultant”) for on-call engineering map and plan review services. The term of the agreement is approximately four years with a not -to-exceed amount of $400,000. On February 27, 2024, the City Manager executed the agreement.

The Engineering Division requires continued assistance performing plan reviews for various development projects, including Tract 8659 (Harridge) and Tract 8094 (Garaventa Hills). As a result, the City desires to enter into a first amendment to the agreement with Consultant to: (1) increase the not-to-exceed amount from $400,000 to $800,000; (2) extend the term of the agreement through December 31, 202 8; (3) add a rate schedule for work per formed during the period August 1, 2028 through December 31, 2028; and ( 4) add a standard contract provi sion entitled “Entire Agreement; Modification.”

NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that it:

1. Authorizes the City Manager , or her designee, to execute a first amendment to the professional services agreement with CSG Consultants, Inc., attached hereto as Exhibit A , for on-call engineering map and plan review services to:
(a) increase the not-to-exceed amount from $400,000 to $800,000 ; (b) extend the term through December 31, 202 8; ( c) add a rate schedule for work pe rformed during the period August 1, 2028 through December 31, 2028; and ( d) add a standard contract provision entitled “Entire Agreement; Modification.”

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

On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on October 13, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
79 2 RESOLUTION NO. ________

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Molly A. O’Toole
Deborah L. Elam Molly A. O’Toole
City Clerk Assistant City Attorney

Exhibit A – First Amendment to Professional Services Agreement with CSG Consultants, Inc.
80 Amendment – Engineering Services Page 1
Rev. 01/05/2024

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
T
HIS FIRST AMENDMENT, is made and entered into this ____ day of ________, 2025, by and between the City of Livermore, a municipal corporation (“City”), and CSG Consultants, Inc., a California corporation (“Consultant”).

RE
CITALS
On F
ebruary 27, 2024, City and Consultant entered into an agreement for Consultant to provide professional on-call engineering map and plan review services, including entitlement and final map reviews, City surveyor/map reviews, and improvement plan reviews for City (“Original Agreement”).

C
ity and Consultant desire to amend the Original Agreement to: (1) increase the not-to-exceed amount by $400,000 for a total not-to-exceed amount of $800,000; (2) add an Exhibit "A-1"; (3) extend the term of the Agreement through December 31, 2028; and (4) add Section 21, Entire Agreement; Modification, to the Agreement . This is the first amendment to the Original Agreement.

REEMENT
NO
W, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:

1. T
he Original Agreement is amended as follows:

A. S
ection 5(A) of the Original Agreement is amended to read as follows:

T
he total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $800,000 ("not-to-exceed amount"). City shall compensate Consultant for the Services rendered from March 11, 2024 to July 31, 2028, at the hourly rates, task amounts, or travel expenses set forth in Exhibit “A” to the Original Agreement and, for the Services rendered from August 1, 2028 to December 31, 2028, at the hourly rates, task amounts , or travel expenses set forth in Exhibit “A -1” to the First Amendment. City shall compensate Consultant for the Services rendered at the hourly rates, task amounts, or travel expenses set forth in Exhibit “A” and Exhibit “A-1” up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any -and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services Docusign Envelope ID: F9BE3EE2-E315-4DC7-8563-97CFB09A4972

EXHIBIT A

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81 Amendment – Engineering Services Page 2
Rev. 01/05/2024
B. Section 6 of the Original Agreement is amended to read as follows:

Term. The term of this Agreement commences on March 11, 2024, and terminates upon completion of the Services or December 31, 2028, whichever occurs first.

C. The language at the top of page six of the Original Agreement reading “City can be used in place of the original for all purposes with the same effect as if it was the original” is deleted and replaced with the following:

21. Entire Agreement; Modification . This Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Services. Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archival copy maintained by City can be used in place of the original for all purposes with the same effect as if it was the original.

2. Except with respect to the addition of Section 21, which shall be deemed effective as of the date the Original Agreement was executed, these amendments are prospective and only apply to the S ervices rendered by Consultant after the execution of this Amendment. Unless otherwise stated herein, this Amendment does not relieve the parties of the terms and conditions of the Original Agreement as written and in effect at the time the Services were rendered.

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

[SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: F9BE3EE2-E315-4DC7-8563-97CFB09A4972

EXHIBIT A

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

CONS
ULTANT: Dated:
______
______________________ ___________________________
Cyrus Kianpour
President
CIT
Y OF LIVERMORE: Dated:
______
______________________ ____________________________
Marianna A. Burch
City Manager
APPRO
VED AS TO FORM:
______
_____________________
Deputy/Assistant/Senior Assistant/City Attorney
APPRO
VED AS TO INSURANCE:

Risk Manager/Analyst
At
tachments:

Exhibit A-1 – Hourly Rates
Docusign Envelope ID: F9BE3EE2-E315-4DC7-8563-97CFB09A4972 9/16/2025 | 1:52 PM PDT

EXHIBIT A

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83 EXHIBIT A-1
Hourly Rates
CSG services are billed on a time-and-materials basis according to our Standard Rates, shown below.

Professional Engineering Services 2023-2024
Hourly Rate
2024-2025
Hourly Rate
2025-2026
Hourly Rate
2026-2027
Hourly Rate
2027-2028
Hourly Rate
2028-2029
Hourly Rate
Engineering Trainee $80 $85 $90 $95 $100 $105
Administrative Assistant $90 $95 $100 $105 $110 $115
Analyst $150 $160 $170 $180 $190 $200
Engineering Designer/CASp Inspection & Consultation $160 $170 $180 $190 $200 $210 Construction Inspector $165 $175 $185 $195 $205 $215
Senior Analyst $175 $185 $195 $205 $215 $225
Assistant Resident Engineer $190 $200 $210 $220 $230 $240 Assistant Engineer $165 $175 $185 $195 $205 $215
Associate Engineer / Surveyor $195 $205 $215 $225 $235 $245 Senior Construction Inspector $180 $190 $200 $210 $220 $230 Senior Engineer $220 $230 $240 $250 $260 $275
Senior Land Surveyor $220 $230 $240 $250 $260 $275
Resident Engineer $230 $240 $250 $260 $270 $285
Structure Representative $230 $240 $250 $260 $270 $285
Senior Structural Engineer $245 $255 $265 $275 $285 $295 Senior Project Manager $245 $255 $265 $275 $285 $295
Principal Engineer $260 $270 $280 $290 $300 $315
Senior Principal Engineer $280 $290 $300 $310 $320 $335 Two-Person Survey Crew $365 $385 $405 $425 $445 $465
Sustainability Program Management Services Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Sustainability Program Analyst $150 $160 $170 $180 $190 $200 Sustainability Program Senior Analyst $180 $190 $200 $210 $220 $230 Sustainability Program Manager $210 $220 $230 $240 $250 $265 All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel and office expenses. CSG will coordinate the pickup and return of plans to and from CSG offices. Overtime work will be billed at 1.5x the hourly rates indicated in the table above. CSG will mail/email an invoice every month for services rendered during the previous month.

Docusign Envelope ID: F9BE3EE2-E315-4DC7-8563-97CFB09A4972

EXHIBIT A

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84 CITY COUNCIL STAFF REPORT
ITEM NO. 6.6

DATE:

October 13, 2025
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing the City Manager to approve and execute change orders or contract amendments for the Golf Course Damage Repair Project SD202132, (FEMA PA-09-CA-4308-PW-00602), in an amount not to exceed ten percent of the construction contract value of $2,680,785.

RECOMMENDED ACTION

DECISION TYPE
Administrative

SUMMARY
On June 9, 2025, the City Council delegated authority to the City Manager to award a construction contract for the Golf Course Damage Repair Project SD202132, (FEMA PA-09-CA-4308-PW-00602) in an amount not to exceed $2,700,000. This delegation included authority to execute change orders or amendments within the approved not-to-exceed amount, reject all other bids, and take any actions necessary and appropriate to implement the purpose and intent of the resolution, including approval of minor modifications to the proposed agreement.

Bids for the Golf Course Damage Repair Project No. SD202132 were received on July 15, 2025. A construction contract with Grade Tech, Inc. in the amount of $2,680,795 was executed on August 11, 2025. While the awarded contract amount falls within the previously authorized limit, the remaining balance of approximately $19,205 is insufficient to accommodate potential change orders or amendments that may arise during the course of construction. To ensure timely and efficient management of the project and avoid delays, staff requests City Council authorize the City Manager to execute change orders or contract amendments in an amount not to exceed ten percent of the 85 construction contract value of $2,680,795.

DISCUSSION
Winter storm events in 2017 and 2022-2023 had significant impacts on areas around the Arroyo Las Positas Creek. The creek overtopped and travelled overland, flooding the golf course, Beeb’s parking lot, and parts of Livermore Municipal Airport, etc. The floodwaters uprooted trees, deposited debris and sediments, and caused damage to the drainage system, equipment, paved pathways, among other amenities, and also damaged private facilities. Floodwater also overtopped the channel upstream of the Airway Boulevard culvert crossing Airway Boulevard at various locations flooding Airway Boulevard, Club House Drive, Terminal Circle, the eastern part of Livermore Municipal Airport, the parking lots, and private businesses.

The Golf Course Damage Repairs Project SD202132, FEMA PA-09-CA-4308-PW-00602, will restore cart pathways, tee boxes, greens and fairways, etc., construct concrete floodwalls along the northern side of the golf course parking lot, install a flood gate at the cart bridge, and construct earthen flood berms to the east of the parking lot. In addition, a combination of concrete floodwalls and earthen flood berms will be constructed along the northern side of Airway Boulevard. The project will mitigate flooding and protect critical infrastructure.

On June 9, 2025, t
he City Council delegated authority to the City Manager to award a construction contract for the Golf Course Damage Repair Project in an amount not to exceed $2,700,000. With bids opening in the middle of July and no Council meetings in August, delegating authority to award the construction contract was necessary to allow the contract to be signed in August and for work to begin.

Starting the work in summer was necessary so that work near creeks can be completed by October 15th per the environmental permits.

This Council item authorizes change orders during construction up to $268,079, which is 10% of the $2,680,795 construction contract with Grade Tech Inc. This 10% amount is consistent with the change order allowance in Livermore Municipal Code Section 2.68.590.

See Attachment 1 for a project location map and Attachment 2 for the executed construction contract.

ENVIRONMENTAL DOCUMENT/ DECLARATION -
A Mitigated Negative Declaration was prepared,
circulated and a Notice of Determination filed with County of Alameda on January 14, 2025.

FISCAL AND ADMINISTRATIVE IMPACTS

The budget for the Golf Course Damage Repair Project SD202132 is in the 2025-2030 Capital Improvement Plan. The budget covers the cost of this proposed change order allowance of $268,079, the construction contract and all other project costs including design, permits, and construction phase
support services. The project is funded as shown on the table below. No additional budget appropriations are required.

86 Funding Source
FY 2024-25
FY 2025-26
FY 2026-27
CIP Reserves--Storm
$20,000
$200,000
$65,000
Federal Grant--Storm
165,000
1,800,000
65,000
State Grant--Storm

510,000

State--Gas Tax

800,000
100,000
State--SB1
50,000

Total
$235,000
$3,310,000
$230,000

Annual operations and maintenance cost are estimated to be $10,000 and will be funded by the General Fund.

COMMUNITY PILLAR

5: A City That Works

GOAL

14: Develop, operate, and maintain the City's infrastructure.

ATTACHMENTS

1. Site Map

2. Grade Tech Executed Construction Contract

3. Resolution

Prepared by: Mallika Ramachandran
Assistant City Engineer

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
87 88

CONTRACT
This public works contract (" Contract") is entered into by and between the City of Livermore, a California Municipal Corporation (" City") and GradeTech, Inc., a California corporation("Contractor") for work on the Golf Course Damage Repair, Project SD202132, FEMA PA-09-CA-4308-PW-00602 (" Project").

The Parties Agree as Follows:

1. Award of Contract.

In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform work on the Project, and on June 9, 2025, as part of Resolution No. 2025-084 City authorized award of this Contract to Contractor for the amount of Contractor's bid.

2. Contract Documents.

This Contract consists of all of the written representations and submissions made by Contractor as part of the Bid process and the following numbered and un-numbered component documents, as detailed on the table of contents of this Agreement:
a. Bidding requirements ( consisting of the Notice Inviting Bids; Instructions to Bidders; Bid Proposal; Bid Schedule, Subcontractor List, Noncollusion Declaration, Bid Bond, Bidder's Questionnaire, Payment Bond, Performance Bond, Warranty Bond); b. General Conditions;
c. Special Conditions;
d. Division One Technical Specifications;
e. Appendix;
f. Index of Defined Terms;
g. Project Drawings and Specifications;
h. Bid Addenda, if any;
Change Orders, if any;
j. ALB Notice;
k. Notice to Proceed;
City Standard Specifications and Details;
m. And the following: no other documents
Livermore Contract Documents, page 1
Contract
ATTACHMENT 2

Page 1 of 5 ends

89 3. Contractor's Obligations.

Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents.

Contractor must use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by theContract Documents.

4. Payment.

As full and complete compensation for Contractor's timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor Two Million Six Hundred Eighty Thousand Seven Hundred Ninety - Five Dollars and Twenty - Two Cents ($ 2,680,795.22) ( the " Contract Price"), in accordance with the payment provisions in the General Conditions.

5. Time for Completion.

5.1. Substantial Completion
Contractor must achieve Substantial Completion, as that term is defined in the General Conditions, of the Project Work within 80 Working Days from the commencement date stated in the Notice to Proceed. (" Substantial Completion Deadline."). For this project, the Contractor shall also incorporate 5 of average anticipated inclement Weather Days into their bid estimate.

Contractor shall be solely responsible for the extended overhead and profit for these weather days and shall not be compensated by the City in any way, reference Section 10.3 of the General Conditions and Section 013200-4.3 Contract Schedules for additional weather dayinformation.

5.2. Final Completion
Contractor must achieve Final Completion, as that term is defined in the General Conditions, of the Project Work within 15 Working Days after the date of substantial completion. (" Final Completion Deadline.")

5.3. Early Completion.

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

6. Liquidated Damages.

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

6.1. Substantial Completion Deadline: Four thousand dollars ($ 4,000) per day.

6.2. Final Completion Deadline: Two thousand dollars ($ 2,000) per day.

Livermore Contract Documents, page 2
Contract
ATTACHMENT 2

Page 2 of 5 ends

90 7. Labor Code Compliance.

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

7.1. Prevailing Wages.

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

7.2. DIR Registration.

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

8. Workers' Compensation Certification.

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

9. Notice.

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

City Contractor
Name Joel Waxdeck Michelle Wright
Address 1052 South Livermore Avenue 299 W Jack London Blvd.

City/state/zip Livermore, CA 94550 Livermore, CA 94551
Phone 925) 960-4521 925) 401-5092
Fax 925) 960-4505 925) 397-6733
Attention City Engineer Vice President
Livermore Contract Documents, page 3
Contract
ATTACHMENT 2

Page 3 of 5 ends

91 Email
Copy to
[email protected]
[email protected]

10. General Provisions.
[email protected]
The following items are repeated here as stated as part of Part 2, General Conditions, for emphasis:

10.1. Assignment and Successors.

Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City's written consent. This Contract is binding on Contractor's successors and permitted assigns.

A consolidation or merger of Contractor or a change in ownership of 25% or more of Contractor's capital stock constitutes an assignment by Contractor requiring the City's written consent.

10.2. Third Party Beneficiaries.

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

10.3. Governing Law and Venue.

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

10.4. Amendment.

No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

10.5. Integration; Severability.

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

10.6. Federal Funding
The project is Federally funded and the CONTRACTOR shall comply with all requirements in Exhibit A - " Special Provision — FEMA Federal Provisions", and updates issued by FEMA.

11. Authorization.

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

Livermore Contract Documents, page 4
Contract
ATTACHMENT 2

Page 4 of 5 ends

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

CITY
City of Livermore, a California Municipal
Corportipn
s/
Marianna A. Bur City Managerge r
Date:

Approved as to form:

Tara Mazzanti, Seor Assistant City Atorney
Livermore Contract Documents, page 5
Contract

CONTRACTOR
GradeTech, Inc.

Wright, Vice Prescient
Date: 0 S / 04 / 25
s/
Name/Title [ print] SCIVY1 R I V 1YI I US - PI2PS ,
Date: 0S/O4f 26
pZ e3(oS
Contractor's Calif. License Number(s)
Seal:
o&i(30/25
Expiration Date(s)

END OF DOCUMENT
ATTACHMENT 2

Page 5 of 5 ends

93 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE

AND EXECUTE CHANGE ORDERS OR CONTRACT AMENDMENTS
FOR THE GOLF COURSE DAMAGE REPAIR PROJECT SD202132,
(FEMA PA-09-CA-4308-PW-00602), IN AN AMOUNT NOT TO EXCEED

TEN PERCENT OF THE CONSTRUCTION CONTRACT VALUE OF
$2,680,795

On June 9, 2025, the City Council authorized the City Manager to award a construction contract for the Golf Course Damage Repair Project SD202132 in an amount not to exceed $2,700,000, and to execute change orders or amendments within that not -to-exceed amount, reject all other bids, and take any actions necessary and appropriate to implement the purpose and intent of the resolution.

Bids for the Golf Course Damage Repair Project SD202132 were received on July 15, 2025 , and a construction contract with Grade Tech, Inc. in the amount of $2,680,795 was executed on August 11, 2025. The remaining balance of the previously authorized amount is insufficient to accommodate potential chang e orders or amendments that may arise during the course of construction.

To ensure timely and efficient management of the project and avoid delays, staff recommends authorizing the City Manager to execute change orders or contract amendments in an amount not to exceed ten percent of the constru ction contract value of $2,680,795.

NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that it hereby:

1. Authorizes the City Manager to execute change orders or contract amendments for the Golf Course Damage Repair Project SD202132, (FEMA PA -09-CA-4308- PW-00602), in an amount not to exceed ten percent of the construction contract value of $2,680,795.

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

On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on October 13, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
94 2 RESOLUTION NO. ________

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
City Clerk Senior Assistant City Attorney

95 CITY COUNCIL STAFF REPORT
ITEM NO. 6.7

DATE:

October 13, 2025
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing execution of an agreement with Carollo Engineers, Inc., in an amount not-to-exceed $1,783,054 and a term ending June 30, 2029, to provide design and construction support services for the Water Reclamation Plant Digester Heating Loop Replacement Project WW202315.

RECOMMENDED ACTION

DECISION TYPE
Administrative

SUMMARY
The City of Livermore (City) Water Reclamation Plant (WRP) anaerobic digester hot water loop system boilers are near the end of their expected useful life and need to be replaced to increase system reliability, redundancy, and efficiency. The Programmable Logic Controller (PLC) for the heating loop system is also outdated and needs to be replaced with equipment that meets current standards. Carollo Engineers, Inc. (Carollo) was identified as the most qualified consultant to provide the design and construction support services for the WRP Digester Heating Loop Replacement Project WW202315 (project). This agreement with Carollo, in an amount not-to-exceed $1,783,054, provides design and engineering construction support services for the project including project management, as-built conditions verification, permitting support, preliminary design, detailed design, bidding support, construction support, and project closeout. The contract amount of $1,783,054 represents 30% of the estimated total cost of the project, which is typical for wastewater treatment projects involving complex mechanical and electrical systems.

DISCUSSION
96 The current WRP biogas boilers heating the anaerobic digesters as well as the Administration and Maintenance Buildings are near the end of their expected useful life and need to be replaced.

Additionally, the PLC that controls this system is outdated and needs to be replaced with equipment that meets current standards as identified in the WRP 2022 Supervisory Control and Data Acquisition (SCADA) Master Plan. The digester heating loop system in its entirety is critical in ensuring the anaerobic digesters function properly to produce biosolids for regulated disposal. The location of the anaerobic digester hot water loop system is shown on Attachment 1.

In May 2024, staff sent out a request for qualifications for consultants to perform engineering services for utility projects, including water and wastewater projects, associated with the City’s Capital Improvement Plan. The purpose of this process was to receive Statements of Qualifications (SOQs) from multiple consultants, and based on review of these qualifications, execute on-call utility engineering services agreements and establish a short list of consultants who would be eligible for supporting future utility projects. Based on review of the SOQs, including qualifications, interest, and coverage, a selection committee comprised of staff from Engineering and Water Resources found Carollo to be the top-ranked consultant for utility engineering services with a wastewater emphasis.

In March 2025, staff requested a proposal from Carollo to perform engineering services for the project.

Staff from Engineering and Water Resources reviewed the submitted proposal and determined it met the project requirements. This agreement with Carollo will provide design and construction phase support services for the project. The not-to-exceed amount for the agreement of $1,783,054 represents approximately 30% of the total estimated project cost, which is typical for wastewater treatment projects involving complex mechanical and electrical systems. The agreement includes the following major tasks:

Project Management – Carollo will be responsible for project management activities throughout the life of the project, including project setup, administration, coordination with the City, and managing scope, schedule, and budget.

Digester Building 3D Light Detection And Ranging (LiDAR) – Carollo will conduct a LiDAR survey to capture the as-built configuration of the interiors of the existing Digester Building and generate a 3D model that can support design and future maintenance.

Permitting Support – Carollo will assist the City in obtaining an Authority to Construct permit from the Bay Area Air Quality Management District (BAAQMD), conducting all coordination with the BAAQMD that may be required to secure approval of the design and construction of the project, preparing and submitting the necessary permit applications with supporting technical information, coordinating with BAAQMD during the permit submittal and approval process, and preparing a memorandum summarizing any products or designs constrained by regulations.

Preliminary Design – Carollo will perform preliminary design activities to develop a basis for detailed design that will include a summary of project elements, design criteria, preliminary design drawings, a construction cost estimate, and a construction schedule with discussion of construction sequencing.

Detailed Design – Carollo will prepare detailed construction documents suitable for permitting, advertising, bidding, and construction. Progress submittals will include plans, specifications, cost estimates, calculations, construction schedule, and equipment lists with updated projected lead times for procurement.

Bidding Phase Services – Carollo will attend a pre-bid meeting and site walk scheduled by the City, assist the City in answering technical questions from prospective bidders, and prepare addenda during the bid period.
97 Engineering Services During Construction – Carollo will review Requests for Information, review submittals, prepare design clarifications, and assist with processing change order requests. This task also includes attending meetings, making site observations, and providing on-site start-up and commissioning support.

Project Closeout – Carollo will prepare record drawings.

FISCAL AND ADMINISTRATIVE IMPACTS

The budget for the WRP Digester Heating Loop Replacement Project WW202315 in the FY2025-30 Capital Improvement Plan covers the cost of this agreement and other project costs including construction, change orders, construction management, project management, and materials testing. The project is funded with Wastewater Replacement Funds (622).

The total fee of $1,783,054 represents approximately 30% of the estimated total cost, which is typical for design and engineering construction support services for a project of this scope. The estimated total budget for this project is $5,634,000, which covers design, permit fees, construction, change orders, materials testing, construction management, and project management.

This maintenance project will not increase operation and maintenance costs.

COMMUNITY PILLAR

1: A Safe Community That Thrives

GOAL

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

GUIDING DOCUMENT

Fiscal Year 2025-2030 5-Year Capital Improvement Plan

ATTACHMENTS

1. Location Map

2. Resolution

3. Exhibit A - Agreement

Prepared by: Li-Teck Lau
Assistant Engineer

98 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
99 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.
2,000Livermore IT, GIS Services
333.3
1:NAD_1983_2011_StatePlane_California_III_FIPS_0403_
166.67 Feet333.30
8/8/2025 1:16:39
PM
Prepared:

Notes:

Scale:

ATTACHMENT 1
Digester Heat
Loop Area
Location Map
100
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
WITH CAROLLO ENGINEERS, INC., IN AN AMOUNT NOT-TO-EXCEED $1,783,054 AND A TERM ENDING JUNE 30, 2029, TO PROVIDE

DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR THE

WATER RECLAMATION PLANT DIGESTER HEATING LOOP

REPLACEMENT PROJECT

(PROJECT WW202315)

The City of Livermore’s Water Reclamation Plant (WRP) anaerobic digester hot water loop system boilers are near the end of their expected useful life and require replacement to increase system reliability, redundancy, and efficiency. The Programmable Logic Controller for the heating loop system is also outdated and needs replacing with equipment that meets current standards. The WRP Digester Heating Loop Re placement Project WW202315 will include replacement of the biogas boilers, Programmable Logic Controller, and other improvements.

This agreement with Carollo Engineers, Inc., in an amount not to exceed $1,783,054, provides design and construction support services for the project and includes project management, as-built verification, permitting support, design, bid phase services, construction phase services, and project close out.

NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that it hereby:

1. Authorizes the City Manager to execute a professional services agreement with Carollo Engineers, Inc., attached hereto as Exhibit A, in an amount not-to-exceed $1,783,054, and a term ending June 30, 2029, to provide design and construction support services for the WRP Digester Heating Loop Replacement Project WW202315.

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

On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on October 13, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

101
2 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Tara Mazzanti_________________ Deborah L. Elam Tara Mazzanti
City Clerk Senior Assistant City Attorney

Exhibit A – Carollo Agreement

102

Page 1 ends

25-0475

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 20 , by and between the City of Livermore (“City”), a municipal corporation, and Carollo Engineers, Inc. (“Consultant”), a(n) Delaware Corporation.

RECITALS
City requires
professional services to p rovide engineering services for the Water Reclamation Plant (WRP) Digester Heating Loop Replacement project, which includes replacing two biogas boilers and upgrading the Programmable Logic Controller (PLC).

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

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

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

2. Relationship of Parties – Independent Contractor s.
(a) The relationship of the parties shall be that of independent contractors.

Consultant is and shall at all times remain as to City a wholly independent contractor during the term of this Agreement.
(b) Consultant and its personnel performing the Services on behalf of Consultant are not City office rs or employees. Consultant’s personnel shall at all times be under Consultant’s exclusive direction, control , supervision, and management .

Consultant, at its own cost and expense, is responsible for all workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the Services by Consultant’s personnel. (c) Consultant and its personnel providing the Services shall not qualify for or become entitled to, and hereby waive any claims to, any compensation, benefit, or any incident in employment by City, including but not limited to enrollment in the California Public Employees Retirement System (PERS) as an employee of City and any entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

Docusign Envelope ID: E45EE45C-6204-40C2-BDC0-77D60084881A

Page 1 of 28 ends

EXHIBIT A
103

Page 2 ends

(d) Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall not incur or have the power to incur any debt, obligation, or liability wh atsoever against City, and shall have no authority, express or implied, to bind City to any obligation whatsoever.

3. Description of Services. Consultant shall provide the services described in the recitals and more particularly set forth in Exhibit A Scope of Work, which are collectively defined as “the Services” for the purposes of this Agreement.

4. Consultant’s Responsibilities. Consultant, at its own cost and expense, shall:
(a) Coordinate the Services with Li-Teck Lau (“Pr oject Manager”), or such other person designated as the Project Manager by City;
(b) At all times faithfully, competently, and diligently perform the Services to the best of its ability, experience, and talent in a courteous manner to the highest industry standards when performing the Services required hereunder. For the purposes of this Agreement the phrase “highest industry standards” means those professional standards recognized by one or more professional consultants performing similar Services under similar circumstances within City’s region;
(c) Provide the resources and assign competent Consultant personnel necessary to complete the Services in a timely manner;
(d) Immediately remove and replace, without any cost to City, any member of Consultant’s personnel providing the Services to City, in its sole discretion and at any time during this Agreement , directs Consultant to remove and replace, and City agrees to advise Consultant of the reason for the direction for the removal and replacement; (e) Provide all facilities, goods, materials, and equipment that may be necessary for Consultant’s personnel to provide the Services. City may furnish physical facilities such as desks, filing cabinets, and conference space that may be reasonably necessary for Consultant’s use for the Services, but in no event shall City be required to furnish any facilities that involve incurring a direct expense such as computer, software, long-distance telephone or other communication charges, vehicles, or document reproduction facilities;
(f) Obtain and keep in effect during the term of this Agreement all necessary licenses, permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services , including obtaining a business license from the City of Livermore, and keep them all in effect for the term of this Agreement;
(g) Obtain and complete the appropriate City forms for the City to pay Consultant electronically via the Automated Clearing House (ACH). Those forms may be obtained by email at [email protected] or by calling Accounts Payable staff at (925) 960- 4345. If Consultant opts -out of electronic payment, it must likewise complete the appropriate City forms that can be obtained from th ose same sources for payment by check. The authority granted by those forms will remain in force and effect Docusign Envelope ID: E45EE45C-6204-40C2-BDC0-77D60084881A

Page 2 of 28 ends

EXHIBIT A
104

Page 3 ends

until the City receives written notification of changes, which changes shall not take effect for at least ten business days to afford City a reasonable opportunity to act; (h) Provide City with a complete Request for Taxpayer Identification Number and Certification Form W-9 using the form most recently issued by the Internal Revenue Service;
(i) Comply with all applicable state and federal laws , as well as Alameda County and City of Liv ermore ordinances, regulations, and adopted codes, when providing the Services;
(j) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested, and if requested by the Project Manager, Consultant shall certify the correctness of any invoice or invoices for Services provided. Consultant shall not submit an invoice to City more frequently than once a calendar month;
(k) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least three years from the date of City’s final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment. Consultant shall make the i nvoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Consultant shall give City 30 calendar-days’ written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants to take possession , then Consultant and City shall coordinate delivery of the invoices and records to City in the most efficient manner possible;
(l) Be available to the Project Manager, City staff, and other parties referred to Consultant by the Project Manager to answer questions or inquiries related to the Services or invoices;
(m) Prepare and submit a written report to the Project Manager, within three business-days of the Project Manager’s written request, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;
(n) Correct all errors in the Services. If Consultant fails to make such correction in a timely manner, then City may make the correction and then charge the cost thereof to Consultant or deduct that cost from the compensation payable to Consultant; (o) Comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA, when providing the Services; and,
(p) If applicable, Consultant shall ensure that all work for compensation is provided in compliance with the requirements of the California Labor Code including but Docusign Envelope ID: E45EE45C-6204-40C2-BDC0-77D60084881A

Page 3 of 28 ends

EXHIBIT A
105

Page 4 ends

not l imited to hour s of l abor, n ondi scrimination, payr oll r ecords, appr entices, w orker’s compensation and prevailing wages.

5. Term
. The term of this Agreement commences on 10/25/2025, and ter
minates upon the completion of the Services or 06/30/2029, whichever occurs first.

6. Termination by City. City may terminate any portion or all of the Services by giving Consultant at least 30 calendar -days’ written notice . U pon receipt of a termination notice, Consultant shall immediately stop all work in progress on the Services except where necessary to preserve the benefit of the work, and Consultant shall then assemble the work on the Services for d elivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with and subject to Section 7.

7. Compensa
tion and Payment.
(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $1,783,054.00 ("not-to-exceed amount"). (b) City shall compensate Consultant for the Services rendered at the hourly rates or task amounts set forth in Exhibit B Fee Schedule, and shall reimburse Consultant for travel expenses and other costs that are identified in Exhibit B, up to the not-to-exceed amount.
(c) Consultant and City acknowledge that compensation paid by City to Consultant pursuant to this Agreement is based upon Consultant’s estimated costs to provide the Services, including the salaries and benefits paid by Consultant to its personnel. Consequently, Consultant and City further agree that compensation paid by City to Consultant is intended to include the costs of contributions to any pensions or annuities, or both, to which Consultant and its personnel may be eligible, and that City has no responsibility for contributions beyond the compensation paid to Consultant under this Agreement. A s provided this Agreement, the hourly rates, task amounts and reimbursement for specified travel expenses and costs in the Fee Schedule are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any -and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services, including all taxes Consultant is required to pay. (d) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.
(e) City shall pay Consultant via the Automated Clearing House or as otherwise instructed by Consultant pursuant to Section 4(g) above.

8. Ownership of Documents. All draw
ings, designs, data, photographs,
reports and other items prepared or obtained by Consultant in the performance of the Services are City’s property and Consultant shall deliver them to City upon demand.

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EXHIBIT A
106

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

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

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

11. Defense, Indemnity,
and Hold Harmless. To the fullest extent permitted
by law, Consultant shall hold harmless, indemnify, and defend with counsel selected by or otherwise acceptable to City, City and its elected and appointed officials, officers, directors, employees, agents , and designated volunteers ( collectively “Indemnified Parties”) from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively “Liability”) of every nature arising out of or in connection with Consultant’s performance of the S ervices, or in connection with Consultant’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of the Indemnified Parties . Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by City.
(a) Modificatio
n for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Consultant ’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.
(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e)
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12. Insurance. Without limiting Consultant’s indemnification of the Indemnified Parties, Consultant shall procure and maintain at its own expense during the term of this Agreement policies of insurance in the amounts and under the terms set forth in Exhibit C Insurance Requirements a gainst claims and Liability that may arise from or in connection with this Agreement and performance of the Services. Upon reasonable written notice, Consultant shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.

13. Force Majeure; Service Delays. Should Consultant ’s performance of the Services be obstructed or delayed due to changes in the Services by City, by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain goods, materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then Consultant’s time for performance may, at City’s sole discretion, be extended for such periods as may be agreed upon by City and Consultant. Nothing in this section restricts City’s authority in Section 6 to terminate this Agreement.

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

15. Acceptance of Work. City’s acceptanc e of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy , completeness, or competency of the S ervices, nor do the actions constitute an assumption of Consultant’s responsibility or liability by City for any defect or error in the Services.

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

17. Economic Disclosure. Consultant shall comply with City’s local conflict of interest code implementing the California Political Reform Act, and shall prepare and file an economic disclosure statement if the Services involve making, or participation in making, governmental decisions or financial decisions by City that may have a material effect on Cons ultant’s financial interest s as determined by the City Attorney’s Office.

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

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EXHIBIT A
108

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18. Levine Act Compliance. California Government Code section 84308 (Levine Act) prohibits City officers from participating in any action related to a contract, license, permit, or entitlement if the officer receives political contributions from a party, or participant, or agent thereof, that totals more than $500 within the twelve months preceding the decision or within the twelve months following the date of the final decision.

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

19. Use of Recycled Products. If fitnes
s and quality are equal, then
Consultant shall utilize recycled products consistent with the City’s Environmentally Preferrable Purchasing and Practices Policy, and as defined in California Public Contract Code Section 12200 for the Services, instead of nonrecycled products whenever recycled products are available at the same or a lesser cost than nonrecycled items. Information on recycled materials can be found here:
• Sustainable Purchasing | StopWaste - Home, Work , School • Reducing Waste at Work | StopWaste - Home, Work, School • Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing | US EPA

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

21. Business Entity Status. Consultant is responsible for filling all required documents and forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, as well as the California Business and Professions Code and any other state statute, to the extent such requirements apply to Consultant to provide the Services. By entering into this Agreement, Consultant represents that it is: authorized to do business in California; in good standing with the California Secretary of State; and, in good standing with all agencies having jurisdiction over Consultant , including any licensing agencies. If Consultant is a suspended entity at the time it enters into this Agreement, City may take steps to void this Agreement.

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

23. No Subcontracti
ng and No Assignment . Consultant’s unique personal
competence, experience, specialized personal knowledge, and professional reputation were a substantial inducement to City for the award of this Agreement to Consultant , therefore no part of the Services may be assigned or subcontracted without City’s prior written consent. For the purposes of this section, a change of fifty percent or more in the ownership or control of Consultant constitutes an assignment.

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EXHIBIT A
109

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24. Remedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right or remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, Consultant must present a written claim to City in accordance with Livermore Municipal Code Chapter 3.40 Claims Administration.

25. Work Eligibility . Consultant w
arrants that only personnel authorized to
work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be provided by Consultant for the performance of the Services.

26. Non-Discriminat
ion. In performance of the Services, Consultant agrees that it will not engage in discrimination in employment of persons because of such person’s race, color, religion, sex/gender, gender identity/expression, sexual orientation, marital status, medical condition, military or veteran status, national origin, ancestry, disability, genetic information, age, or any protected classification when providing the Services. Consultant further agrees to comply with all provisions of Title VI of the Ci vil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in all programs or activities receiving federal financial assistance. Consultant further assures that it will take necessary actions to ensure compliance with these requirements in the performance of this Agreement.

27. Construction of Language.
(a) The terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and any exhibit hereto, the language in the body of the Agreement controls.
(b) For the purposes of this Agreement, the terms “writing” and “written” includes electronic documents and communication via email, but not when those terms are used in Sections 6, 12, 23, and Sections 27 through 30 for notices, consent, or modifications. For the notices, consent, and modifications in Sections 6, 12, 23, and Sections 27 through 30, the terms “writing” and “written” m eans either a physically tangible document or an electronic document that satisfies the requirements in Livermore Municipal Code Section 2.64 Electronic Signatures.

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

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

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110

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29. Not
ice. Notic es under this Agreement must be delivered to the addresses below by deposit in the United States mail or by overnight delivery service, with postage prepaid and delivery confirmation, with a courtesy copy delivered by email to the email addresses below:

TO
CITY: At
tention: City Engineer
City of Livermore / Community Development
1052 South Livermore Avenue  Livermore, CA, 94550
Email: [email protected]
[email protected]
[email protected]
[email protected]

TO CONSULTANT: At
tention: Kyle Leonard
Carollo Engineers, Inc.
2795 Mitchell Drive
Walnut Creek, CA, 94598
United States

Email: [email protected]

30. Wai
ver. Failure to insist upon the strict performance of any term or condition in this Agreement, no matter how long the failure continues, is not a waiver of the term or condition and does not bar the right to subsequently demand strict performance. To be effective, a waiver must be in writing and signed by the non- breaching party.

31. Severability. If a court
of competent jurisdiction determines a provision in
this Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired in any way.

32. Survival . The terms, c
onditions, and obligations in Sections 2, 8 through
11, 23, 24, 30, and 31 through 33 shall survive the completion or termination of this Agreement.

33. Jurisdiction and Venue. The interpret ation, validity, and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of California. Any suit, claim, or legal action of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda or in the United States District Court for the Northern District of California.

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EXHIBIT A
111

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34. El
ectronic Signatures. By s igning this document, you are agreeing that you have reviewed this disclosure information and consent to transact business using electronic communications and to utilize electronic signatures in lieu of using paper documents pursuant to Livermore Municipal Code section 2.64 Electronic Signatures and all other applicable laws. You are not required to sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.

35. Counterparts. This Agreement
may be executed and delivered in one or
more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.
**************************************************************************************************** Signatures and E
xhibit List on the Next Page
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EXHIBIT A
112

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In concurrence and witness whereof, and in recognition of the mutual consideration prov
ided therefore, the parties have executed this Agreement, effective on the date set forth in the first paragraph of this Agreement, which is the date that this Agreement was signed on behalf of City after it was signed by Consultant.

CONSULT
ANT: Dated:
_______________
_____________ ___________________________
Rick Chan
Senior Vice President
CITY O
F LIVERMORE: Dated:
_______________
_____________ ____________________________
Marianna A. Burch
City Manager

APPROVE
D AS TO FORM:
_______________
_______________________
Deputy/Assistant/Senior Assistant/City Attorney

APPROVE
D AS TO INSURANCE:
_______________
____________
Risk Manager/Analyst
Exhib
its:

Exhibit A – Scope of Work
Exhibit B – Fee Schedule
Exhibit C – Insurance Requirements
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EXHIBIT A
113

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EXHIBIT A
Scope of Work
Scope of W
ork Description
The scope of
work is as described in the following pages.

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EXHIBIT A
114
SCOPE OF SERVICES (August 6, 2025)
Task 1.0 – Project Management

1.1 Project Management
Consultant shall perform project management necessary to plan, execute, monitor, and report the pro
ject’s progress to the City for Tasks 1.0 through 5.0 over an estimated 16-month design and bid period. Consultant shall prepare a monthly progress letter report for attachment to the monthly invoice to track and report status of budget expenditures and key work products completed during the billing period. Consultant shall maintain a Decision Log to track the impact of decisions made on design, consulting cost, construction cost, and project schedule. Consultant shall develop a project design schedule for Tasks 1.0 through 5.0 and update it on a monthly basis.

Consultant Deliverables for Task 1.0:
• Progress letter report with each invoice.
• Decision log in PDF file format.
• Updated project design schedule on a monthly basis.

Task 2.0 – Digester Building 3D LiDAR

2.1 Digester Building 3D LiDAR
Consultant shall conduct a LiDAR survey to capture the interiors of the existing Digester Building and gen
erate a 3-dimensional (3D) model of the building, with modeling provided in Revit 2022 and assigned piping systems and materials per Carollo standards. The model will include structural, mechanical equipment and piping, HVAC, electrical boxes, and large diameter conduits and exclude loose or temporary objects. Topography is excluded.

Information and/or Services Provided by City for Task 2.0:
• City staff will assist by providing access and clearing the space for the scanning effort.

Consultant Deliverables for Task 2.0:
• 3D model of the Digester Building.

Task 3.0 – Permitting Support

3.1 Permitting Support
Consultant shall assist the City in obtaining a Building Permit from the City of Livermore Building Dep
artment and an Authority to Construct permit from the Bay Area Air District. Consultant shall conduct all coordination with these two agencies that may be required to secure approval of the design and construction of the Project. Consultant shall prepare and submit the necessary permit applications with supporting technical information and coordinate with agency staff during the permit submittal and approval process. Consultant shall prepare a memoranda summarizing any products or designs constrained by regulations.

Information and/or Services Provided by City for Task 3.0:
• Latest version of the boilers’ Permit-to-Operate for Consultant’s use to prepare the application package.

Exhibit A - Scope Of Work
Exhibit A - Scope Of Work

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EXHIBIT A 115
• All fe
es related to permit applications will be paid by the City.

Consultant Deliverables for Task 3.0:
• Meeting agendas, presentation materials, and meeting minutes shall be provided in PDF file format.
• Communication logs associated with permitting/agency coordination shall be provided in PDF file format.
• Permit applications with supporting technical information. • Memoranda for products or designs constrained by regulations.

Task 4.0 – Design

4.1 Basis of Design
Consultant shall perform preliminary design activities to develop a basis for detailed design that will inclu
de the following:
• Summary of project elements including design criteria. • Preliminary design drawings showing general plan and major section for boiler replacements and PLC-3 replacement.
• Prepare a Class 4 construction cost estimate, as described by the Association for the Advancement of Cost Engineering (AACE) International in the “Recommended Practice 18R-97 Cost Estimate Classification System for the Process Industries”. • Construction schedule, including discussion on construction sequencing.

Consultant shall organize and facilitate a hybrid workshop to present the basis of design findings. The presentation materials and meeting minutes will serve as the documentation for the basis of design. A basis of design report will not be developed.

Meetings for Task 4.1: Consultant will attend and conduct the following meetings with the City:
• Kick-Off Meeting: Will be a hybrid meeting, 2 hours in duration, and attended by up to four Consultant team members.
• BODR Workshop: Will be a hybrid meeting, 4 hours in duration, and attended by up to four Consultant team members.

Information and/or Services Provided by City for Task 4.1:
• Seasonal heating demands requirements for the boilers. • Design criteria for existing instruments to be replaced. • Input at meetings.

Consultant Deliverables for Task 4.1:
• Meeting agendas, presentation materials, and meeting minutes shall be provided in PDF file format.

4.2 Final Design
Consultant will prepare biddable construction documents (drawings and specifications) for the pre
liminary project elements listed below and as refined in Task 4. The final project scope elements will Exhibit A - Scope Of Work
Exhibit A - Scope Of Work

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EXHIBIT A116
be r
efined through field observations, discussions with City and plant staff, and the Basis of Design findings and feedback.
• Replacement of the two existing digester gas boilers, B-E1 and B-E2. • Replacement of the two gas flues.
• Replacement of the gas train piping and valves as needed to accommodate the new boilers. • New dedicated gas pipe from the digester gas main line to replacement boiler B-E1. • Replacement of the two existing pilot light gas flow meters. • Replacement of the digester gas flow meter FM0E8 in the 8” digester gas main line. • New boiler B-E1 digester gas flow meter.
• New boiler B-E2 digester gas flow meter.
• New pressure sensor on the 8” digester gas main line. • Replace existing analog gas pressure reader.
• New temperature sensors for hydronic system primary supply and return to boilers. • Connect all new digester boilers, temperature sensors, pressure sensors, and flow meters to SCADA.
• Replacement of PLC-3 in it’s current room. Relocation to a new electrical room is not included. • New conduits and wiring as needed for power, signal, and control.

Construction documents will be prepared in compliance with current codes adopted by the City and applicable local governing agencies at the commencement of this project.

Drawings will be prepared on a computer-aided design drafting (CADD) system using Consultant’s CADD drafting standards. Construction drawings will include general, demolition, civil, structural, mechanical, electrical, and instrumentation disciplines. Drawing backgrounds for demolition and new improvements will be based on Consultant’s 3D model from Task 2.0 and available record drawings of these areas to be provided by the City.

Specifications will be prepared using the City’s front-end contract documents and Consultant’s technical specifications. Front-end contract documents to be provided by the City will include general bidding requirements, general conditions, and special conditions. Technical specifications to be provided by Consultant will be prepared using Consultant’s standard Construction Specification Institute (CSI) format for Divisions 2 through 17. In addition, Consultant will provide supplemental Division 1 specifications as required.

During final design, Consultant will prepare and submit three progress submittals to the City for review and comment. The first submittal will be the 50 percent design submittal, which will include the following preliminary information: process flow diagrams, process and instrumentation diagrams, site plan, major process equipment layouts and sections, major process piping, electrical one-line diagrams, major mechanical equipment specifications, and control descriptions for major equipment. In addition, the Consultant will prepare a preliminary list of overall required specification sections for the City’s review and approval. Consultant will also provide a response to all City comments made during this phase of revision and will provide the City with any potential construction cost increase estimates and gain City approval of additional costs prior to performing design modifications on that comment.

Exhibit A - Scope Of Work

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EXHIBIT A117
The
second submittal will be the 90 percent design submittal, which will be a completed set of contract documents that will also be submitted concurrently to Consultant’s in-house technical checking team for review. The 90 percent design submittal will have incorporated applicable review comments from the 50 percent design review and other comments received from the City between 50 and 90 percent design.

Consultant will also provide a response to all City comments made during this phase of revision and will provide the City with any potential construction cost increase estimates and gain City approval of additional costs prior to performing design modifications on that comment.

The third submittal will be the 100 percent design submittal, which will be a completed set of contract documents that will have incorporated applicable review comments from the 90 percent design review.

Applicable review comments from the City at the 100 percent design stage will be incorporated into the bid documents design submittal, which will be stamped and signed by professional engineers registered in the State of California. Changes following the bid documents design submittal will be made by addenda to the bid documents.

Consultant shall attend one submittal workshop for each of the 50 and 90 percent design submittals.

Consultant will prepare construction cost estimates at the 50, 90, and 100 percent design submittal stages. Construction cost estimates will be prepared based on quantity takeoffs, estimating guides, equipment manufacturers’ quotes, and construction cost estimates of similar facilities. Contingencies for general estimating, general conditions, contractor overhead and profit, escalation to midpoint of construction, and annual cost escalation will be included in the construction cost estimates.

Consultant will prepare preliminary construction schedules at the 50, 90, and 100 percent design submittal stages to estimate approximate construction duration of the project. The construction schedules will include construction durations, milestones, long lead time materials, work sequences developed by Consultant and plant staff, and critical path activities that will be developed based on information presented in referenced design submittals.

Consultant will provide estimated major equipment lead times at the 50, 90, and 100 percent design submittal stages.

Consultant will provide the following with the 100% design submittal:
• Preliminary list of overall project submittals.
• Preliminary list of specialty inspections.
• Preliminary list of testing requirements.
• Preliminary list of long lead time items (more than three-month delivery time). • Preliminary list of any special licenses, certificates, or qualifications required by any specification section included.
• Preliminary list of spare parts.
• Preliminary list of items requiring O&M manuals.
• Preliminary list of warranties greater than one year.

Exhibit A - Scope Of Work

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EXHIBIT A
118
Infor
mation and/or Services Provided by City for Task 4.2:
• MS WORD files of the City’s front-end documents to include Divisions 0 and 1 specifications. • Electronic copies of record drawings and approved product/equipment submittals in PDF format that are relevant to project elements on this project.
• Input at meetings.
• Electronic copies of a collated set of marked up comments on drawings and specifications in PDF format for the 50, 90, and 100 percent submittals. City will summarize their review comments for the specifications in MS WORD and drawings in Bluebeam Studio.

Consultant Deliverables for Task 4.2:
• Workshop agendas, presentation materials, and meeting minutes shall be provided in PDF file format.
• 50, 90, and 100 percent design submittals in PDF format. • One hard copy and one electronic copy in PDF format of the reproducible set of final bid documents (specifications and full-size drawings) stamped and signed by the professional engineers registered in the State of California.
• AutoCAD files of the bid drawings (unstamped and unsigned). • 50, 90, and 100 percent design construction cost estimates in PDF format. • 50, 90, and 100 percent design preliminary construction schedules in PDF format. • 50, 90, and 100 percent design estimated major equipment lead times in PDF format. • Preliminary list of overall project submittals, preliminary list of specialty inspections, preliminary list of testing requirements, preliminary list of long lead time items (more than three-month delivery time), preliminary list of any special licenses, certificates, or qualifications required by any specification section included, preliminary list of spare parts, preliminary list of items requiring O&M manuals, and preliminary list of warranties greater than one year with the 100 percent design submittal.

Task 5.0 – Bid Phase Services

5.1 Bid Phase Support
Consultant shall attend the pre-bid meeting and site walk to be scheduled by the City. City will conduct the pre
-bid meeting and Consultant will assist the City in answering technical questions from prospective bidders. Consultant shall prepare up to three addendum during the two-month bid period.

The City will reproduce and distribute any addenda produced during the bid period.

Information and/or Services Provided by City for Task 5.1:
• Reproduction, advertising, and distribution of all final bid documents and addendums. • Conduct pre-bid meeting.
• Respond to bidders’ questions with input from Consultant. • Reproduce and distribute addenda to prospective bidders.

Consultant Deliverables for Task 5.1:
• Responses to bidder questions via email or in PDF format. • Addenda in PDF format.

Exhibit A - Scope Of Work
Exhibit A - Scope Of Work

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EXHIBIT A
119

5.2 Conformed Documents
Consultant will prepare conformed documents based on incorporating changes outlined in the addenda to the
bid documents. Conformed documents will be prepared using Consultant’s standard format and will be provided to the City in both AutoCAD and PDF formats.

Consultant Deliverables for Task 5.2:
• Conformed documents in PDF format.
• Conformed drawings in AutoCAD format.

Task 6.0 – Engineering Services during Construction

6.1 Project Management
Consultant will perform project management necessary to plan, execute, monitor, and report the project
’s progress to the City for Tasks 6.0 and 7.0 over an estimated 23-month construction and project closeout period. Consultant shall prepare a monthly progress letter report for attachment to the monthly invoice to track and report status of budget expenditures and key work products completed during the billing period.

6.2 Construction Meeting
Consultant will attend the following construction meetings based on the following assumptions:
• Pre-Con
struction Meeting – Three Consultant team members will attend the pre-construction meeting.
• Weekly Construction Meetings – Two Consultant team members will attend a total of 87 weekly construction meetings via virtual telephone conference meetings. One Consultant team member will attend a weekly construction meeting in-person once per month. • Weekly Construction Management Meetings – One Consultant team member will attend a total of 50 weekly construction management meetings virtually via Teams format. • Weekly Commissioning Meetings – Two Consultant team members will each attend a total of 20 weekly commissioning meetings virtually via Teams format. • Substantial Completion Meeting – Consultant will attend a substantial completion meeting near the end of the construction period to observe and check status of construction activities.

Consultant will prepare and submit a preliminary punch-list of corrective items to the City for review and forwarding to the Contractor to complete before final completion.

It is anticipated that all construction meetings will be 1-hour in duration (exclusive of travel time for in- person meetings). The City will coordinate and conduct all meetings and prepare meeting minutes for distribution to the Consultant and Contractor.

6.3 Request for Information
Consultant will receive, log, review, and respond to requests for information (RFIs) from the Contractor forwarded
by the City. In responding to the RFIs, Consultant will issue interpretations and clarifications to the contract documents. For budgeting purposes, Consultant will respond to 30 RFIs assuming an average processing and review time of 4 hours per RFI. Note, the budget estimated for this task may be higher or lower depending on the final number of RFIs reviewed and the complexity of each RFI submitted by the Contractor.

Exhibit A - Scope Of Work
Exhibit A - Scope Of Work

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EXHIBIT A
120

6.4 Submittals
Consultant will receive, log, review, and respond to submittals from the Contractor forwarded by the City. Su
bmittals will be reviewed in accordance with the contract documents and include two types of submittals.
• General submittals – These are submittals that generally include routine elements such as epoxies, grout, sealants, valves, piping, etc. that require a single lead reviewer and shorter duration to complete. For budgeting purposes, Consultant will respond to 80 general submittals/resubmittals assuming an average processing and review time of 6 hours per submittal/resubmittal.
• Major submittals – These are submittals that generally include more complicated elements such as boilers, PLCs, shutdown plan, and commissioning plan, etc. that require multiple reviewers and longer duration to complete. For budgeting purposes, Consultant will respond to 6 major submittals/resubmittals assuming an average processing and review time of 40 hours per submittal/resubmittal.

Note, the budget estimated for this task may be higher or lower depending on the final number of submittals/resubmittals reviewed and the completeness of each submittal/resubmittal submitted by the Contractor.

6.5 Site Observations
Consultant’s discipline engineers (structural, mechanical, electrical, and instrumentation) will attend 5 site obs
ervations in person on an as-requested basis to observe field construction issues and discuss technical elements. For budgeting purposes, Consultant assumes an average time of 4 hours are required to perform each site observation.

6.6 Design Clarifications
Consultant will prepare 2 design clarifications to clarify and/or change the intent of the contract documen
ts at the request of the City. In preparing each design clarification, Consultant will issue revised specifications, revised drawings, and/or new sketches as needed to clarify and/or change the intent of the contract documents for the City’s review and transmittal to the Contractor. For budgeting purposes, Consultant assumes an average time of 10 hours are required to prepare each design clarification.

6.7 Change Order Requests
Consultant will assist the City in reviewing a total of 2 change order requests submitted by the Contract
or. Consultant’s review will be limited to the technical merits of the change order requests and providing input on applicable unit and material prices of selected items. Consultant will be responsible for preparing a total of 2 independent cost estimates of change order requests for verification and provide this information to the City to negotiate the cost of each change order request with the Contractor. For budgeting purposes, Consultant assumes an average time of 4 hours are required to review each change order request and an average time of 4 hours are required to prepare each independent cost estimate.

6.8 Onsite Start-up and Commissioning Support
Consultant will provide the City with onsite start-up and commissioning assistance services on an as- request
ed basis. For budgeting purposes, Consultant assumes it will attend 10 site visits in person to Exhibit A - Scope Of Work
Exhibit A - Scope Of Work

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EXHIBIT A
121
obse
rve start-up and commissioning activities for major process equipment. It is assumed an average time of 10 hours are required to perform each site visit. It is assumed that review of all start-up and commissioning submittals will be part of Task 6.4 - Submittals.

Information and/or Services Provided by City for Task 6.0:
• Construction meeting minutes.
• Forwarding of construction related documents for review (RFIs, submittals, change orders, etc.). • Redline markups of changes made on the design drawings during the construction period.

Consultant Deliverables for Task 6.0:
• Progress letter reports with each invoice.
• Attendance/teleconference and input at the construction meetings. • Preliminary punch-list.
• RFI responses.
• Submittal review comments.
• Design clarifications.
• Change order requests review comments.

Task 7.0 – Project Closeout

7.1 Record Drawings
Consultant will prepare record drawings using Consultant’s standard format to include changes made during t
he construction period after contract closeout. It is assumed that the Contractor will maintain a current, single set of marked-up drawings detailing field changes and clarifications and these markups will be vetted and approved by the Construction Manager prior to submission to the Consultant.

Consultant will not be responsible for field measuring as-built conditions and will rely solely on the information provided by the Contractor as the basis for preparing the record drawings. Record drawings will be prepared using Consultant’s standard format and will be provided to the City in AutoCAD and PDF formats.

Information and/or Services Provided by City for Task 7.1:
• Redline markups of changes made on the design drawings during the construction period.

Consultant Deliverables for Task 7.1:
• Record drawings in AutoCAD and PDF format.

7.2 Lessons Learned Summary
Consultant will assist the City with preparing a presentation for City staff on major lessons learned during t
he project. Two Consultant team members will attend the 1-hour long virtual lessons learned meeting.

Consultant Deliverables for Task 7.2:
• Presentation material for the lessons learned meeting.

Exhibit A - Scope Of Work
Exhibit A - Scope Of Work

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EXHIBIT A
122

7.3 3
D Record Drawings (Optional)
Consultant shall conduct a LiDAR survey to capture the interiors of the existing Digester Building and generate
a 3-dimensional (3D) model of the building, with modeling provided in Revit 2022 and assigned piping systems and materials per Carollo standards. The model will include structural, mechanical equipment and piping, HVAC, electrical boxes, and large diameter conduits and exclude loose or temporary objects. Topography is excluded.

Information and/or Services Provided by City for Task 7.3:
• City staff will assist by providing access and clearing the space for the scanning effort.

Consultant Deliverables for Task 7.3:
• 3D model of the Digester Building.

Task 8.0 - As-Directed Services
Consultant shall provide as-directed services to the City. A budget allowance of $150,000 has been included.

Any use of As-Directed Services budget allowance shall require written authorization from the City that includes scope of as-directed services and an agreed upon not-to-exceed limit.

Budget and
Schedule:

Table 1 pr
esents the labor and budget estimates for this project. The budget was based on receiving a Notice to Proceed (NTP) in September 2025. The billing rates are based on the Fee Schedule in Exhibit A of our On-Call Engineering Services Agreement and are subject to annual increases of 5 percent with the first increase in July 2026.

Consultant shall complete the project based on the following schedule:
• Task 2 – 3 months from Notice to Proceed.
• Task 3 – Will be completed concurrently with Task 4. Note, Carollo is not responsible for the agency review times.
• Task 4.1 – 3 months from Notice to Proceed.
• Task 4.2 – 10 months from completion of Task 4.1.
• Task 5 – As-needed during the two-month bid period. Conformed Documents provided within 1 month of bid opening date.
• Task 6 – As-needed during the 20-month construction period. Assumed to start within 4 months of completion of Task 4.2.
• Task 7 – 3 months from date of construction final completion.

Assumptions:

The follow
ing assumptions were used in developing the Scope of Services:
• Consultant shall perform the services required hereunder in accordance with the prevailing standard of care by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California. • City staff will provide Consultant access to the project site to perform field assessments of the facilities.

Exhibit A - Scope Of Work
Exhibit A - Scope Of Work

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EXHIBIT A
123
• City w
ill provide electronic copies of requested information from Consultant within two weeks of each request.
• Permitting support for the Bay Area Air District does not include any risk assessment modeling.

If this is required, it can be added by a contract amendment. • City will be responsible for acquiring all permits not specifically listed in Task 3.0 and CEQA approval when necessary for construction of this project. This includes paying for all permit application fees.
• Underground utility survey of the project area is not included in this scope. • Hazardous material survey of the project elements to be demolished is not included in this scope.
• Any additions to the preliminary project scope elements in Task 4.2 would be provided by the Consultant with a contract amendment.
• Final design scope does not include any improvements to bring the Digester Building into compliance with current NFPA 820 standards. This can be provided by the Consultant with a contract amendment after the basis of design has been completed. • City will require a maximum of fourteen calendar days to review the 50%, 90%, and 100% design submittals and provide one collated set of review comments for each deliverable submittal to the Consultant.
• City will be responsible for managing the bidding phase of the project, including advertisement, distribution of bid documents and addenda to potential bidders, and conducting the pre-bid meeting.
• The scope and budget for the engineering services during construction and project closeout tasks should be considered an allowance and be updated at the completion of final design. • Construction management and inspection services for this project are not included in this Scope of Services. This service can be provided by the Consultant under a separate Agreement.

Exhibit A - Scope Of Work

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EXHIBIT A
124

EXHIBIT B

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

A. The
maximum the Contractor shall be paid on this Agreement is $1,783,054 hereafter the Not to Exceed amount. The Not to Exceed amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work not identified in Exhibit A.

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

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

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

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

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

D. If
work is completed before the Not to Exceed amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices

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EXHIBIT A125
previously submitted for acceptable work performed and approved.

1. Pricing
Year 1 FY 2025-26 $ 501,474
Year 2 FY 2026-27 $ 616,895
Year 3 FY 2027-28 $ 379,097
Year 4 FY 2028-29 $ 285,588
Total Contract Amount $ 1,783,054

2.Te
rms of Payments. Replace with agreed upon terms of payment (example net 30, invoiced weekly etc.)

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

Ci
ty of Livermore
Engineering Division
Attention: Li-Teck Lau
1052 South Livermore Avenue
Livermore, CA 94550
[email protected]

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EXHIBIT A
126
Table 1 - Design Fee Estimate (August 6, 2025)
City of Livermore
WRP Digester Heating Loop Project
SP P

P PP SP ST SPS DP
$378 $324 $324 $378 $378 $350 $324 $264 $239 $205 $166 $192

1.0 Project Management 16 64 0 0 0 0 0 0 0 64 0 0 144

1.1 Project Management 16 64 0 0 0 0 0 0 0 64 0 0 144

2.0 3D Model of Digester Building 0 0 4 0 0 0 0 8 0 0 0 316 328

2.1 Digester Building LiDAR and 3D Model 0 0 4 0 0 0 0 8 0 0 0 316 328

3.0 Permitting Support 2 6 24 0 0 0 0 40 12 0 4 0 88

3.1 Permitting Support 2 6 24 0 0 0 0 40 12 0 4 0 88

4.0 Design 46 128 474 55 202 112 95 574 569 0 65 0 2,320

4.1 Basis of Design 8 33 133 17 17 17 0 100 0 0 8 0 333

4.2 Final Design 38 95 341 38 185 95 95 474 569 0 57 0 1,987

5.0 Bid Period Services 2 8 56 9 12 12 12 57 76 0 7 0 251

5.1 Bid Period Support 2 5 19 2 5 5 5 27 32 0 3 0 105

5.2 Conformed Drawings 0 3 37 7 7 7 7 30 44 0 4 0 146

6.0 Engineering Services During Construction 39 282 450 16 122 48 82 463 0 92 0 0 1,594

6.1 Project Management 23 92 0 0 0 0 0 0 0 92 0 0 207

6.2 Construction Meetings 0 78 157 0 20 0 20 118 0 0 0 0 393

6.3 Requests for Information 2 12 36 2 12 6 6 43 0 0 0 0 119

6.4 Submittals 14 72 216 14 72 36 36 259 0 0 0 0 719

6.5 Site Observations 0 4 0 0 4 4 8 0 0 0 0 0 20

6.6 Design Clarifications 0 2 6 0 2 1 1 7 0 0 0 0 19

6.7 Change Order Requests 0 2 5 0 2 1 1 6 0 0 0 0 17

6.8 Onsite Start-up and Commissioning Support 0 20 30 0 10 0 10 30 0 0 0 0 100

7.0 Project Closeout (Without Optional Services) 0 9 26 11 5 5 5 22 142 0 0 0 225

7.1 Record Drawings 0 5 22 11 5 5 5 22 142 0 0 0 217

7.2 Lessons Learned Summary 0 4 4 0 0 0 0 0 0 0 0 0 8

7.3 3D Record Drawings 0 0 4 0 0 0 0 8 0 0 0 316 328

8.0 As-Directed Services 0 0 0 0 0 0 0 0 0 0 0 0 0

8.1 As-Directed Services 0 0 0 0 0 0 0 0 0 0 0 0 0
Total without Optional Services 105 497 1,034 91 341 177 194 1,164 799 156 76 316 4,950 Total with Optional Services 105 497 1,038 91 341 177 194 1,172 799 156 76 632 5,278 QA/QC
Tasks
Task
N
umber Task Description
Senior
Professional
Project
Professional
Project Services
LiDAR
Technician
Principal-in-
Charge
Rick Chan
Project Manager
Kyle Leonard
Design Manager
Darrell Buhman
Professional
Lead Project
Professional
Document
Processing
CAD Techician Total
Hours
Carollo Labor

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EXHIBIT A
127
Table 1 - Design Fee Estimate (August 6, 2025)
City of Livermore
WRP Digester Heating Loop Project

1.0 Project Management
1 .1 Project Management

2.0 3D Model of Digester Building

2.1 Digester Building LiDAR and 3D Model

3.0 Permitting Support

3.1 Permitting Support

4.0 Design

4.1 Basis of Design

4.2 Final Design

5.0 Bid Period Services

5.1 Bid Period Support

5.2 Conformed Drawings

6.0 Engineering Services During Construction

6.1 Project Management

6.2 Construction Meetings

6.3 Requests for Information

6.4 Submittals

6.5 Site Observations

6.6 Design Clarifications

6.7 Change Order Requests

6.8 Onsite Start-up and Commissioning Support

7.0 Project Closeout (Without Optional Services)

7.1 Record Drawings

7.2 Lessons Learned Summary

7.3 3D Record Drawings

8.0 As-Directed Services

8.1 As-Directed Services
Total without Optional Services
Total with Optional Services
Tasks
Task
N
umber Task Description
Total
Mizutani

$ 39,904 $ 748 $ 40,652 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 40,652 $ 39,904 2026 $ 748 $ 40,652 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 40,652 $ 64,080 $ - $ 64,080 $ - $ - $ - $ - $ 3,300 $ 1,650 $ - $ - $ 4,950 $ 69,030 $ 64,080 2025 $ - $ 64,080 $ - $ - $ - $ - $ 3,300 $ 1,650 $ - $ - $ 4,950 $ 69,030 $ 24,568 $ - $ 24,568 $ 20,900 $ 20,900 $ 2,090 $ 22,990 $ - $ - $ - $ - $ - $ 47,558 $ 24,568 2026 $ - $ 24,568 $ 20,900 $ 20,900 $ 2,090 $ 22,990 $ - $ - $ - $ - $ - $ 47,558 $ 677,879 $ 8,618 $ 686,497 $ - $ - $ - $ - $ 9,624 $ - $ 3,000 $ - $ 12,624 $ 699,121 $ 103,338 2026 $ - $ 103,338 $ - $ - $ - $ - $ 3,312 $ - $ - $ - $ 3,312 $ 106,650 $ 574,541 2026 $ 8,618 $ 583,159 $ - $ - $ - $ - $ 6,312 $ - $ 3,000 $ - $ 9,312 $ 592,471 $ 71,892 $ 3,595 $ 75,487 $ - $ - $ - $ - $ 156 $ - $ - $ - $ 156 $ 75,643 $ 29,822 2026 $ 1,491 $ 31,313 $ - $ - $ - $ - $ 156 $ - $ - $ - $ 156 $ 31,469 $ 42,070 2026 $ 2,104 $ 44,174 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 44,174 $ 488,534 $ 50,019 $ 538,553 $ - $ - $ - $ - $ 18,276 $ - $ - $ - $ 18,276 $ 556,829 $ 57,362 2027 $ 6,050 $ 63,412 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 63,412 $ 121,332 2027 $ 11,847 $ 133,179 $ - $ - $ - $ - $ 10,716 $ - $ - $ - $ 10,716 $ 143,895 $ 36,996 2027 $ 3,612 $ 40,608 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 40,608 $ 223,752 2027 $ 21,848 $ 245,600 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 245,600 $ 6,800 2027 $ 664 $ 7,464 $ - $ - $ - $ - $ 780 $ - $ - $ - $ 780 $ 8,244 $ 5,870 2027 $ 573 $ 6,443 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 6,443 $ 5,282 2027 $ 516 $ 5,798 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 5,798 $ 31,140 2028 $ 4,908 $ 36,048 $ - $ - $ - $ - $ 6,780 $ - $ - $ - $ 6,780 $ 42,828 $ 60,504 $ 9,537 $ 70,041 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 70,041 $ 57,912 2028 $ 9,128 $ 67,040 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 67,040 $ 2,592 2028 $ 409 $ 3,001 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 3,001 $ 64,080 2028 $ 10,101 $ 74,181 $ - $ - $ - $ - $ - $ - $ - $ - $ 74,181 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 150,000 $ 150,000 $ 150,000 $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 150,000 $ 150,000 $ 150,000 $ 1,427,361 $ 72,517 $ 1,499,878 $ 20,900 $ 20,900 $ 2,090 $ 22,990 $ 31,356 $ 1,650 $ 3,000 $ 150,000 $ 186,006 $ 1,708,874 $ 1,491,441 $ 82,617 $ 1,574,058 $ 20,900 $ 20,900 $ 2,090 $ 22,990 $ 31,356 $ 1,650 $ 3,000 $ 150,000 $ 186,006 $ 1,783,054 Other Direct Costs
Total Fee
Subconsultants
Total Labor
C
osts
Midpoint
of Task Equipment
Budget
Allowance
Other Direct
Costs TotalSubtotal
10%
Markup Total
Labor
Escalation
Total
Escalated
Labor Costs
Air
Permitting
Travel Printing
Carollo Labor

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EXHIBIT A
128
Revised 1/3/2020 B11.5 – 5M E&O

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EXHIBIT C

INSURANCE

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

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

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

3. Workers’ Compensation and Employer's Liability:

4. Professional Liability/Er
rors and Omissions:
$5,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

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

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

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

1. The City of Livermore, its officers, officials, employees, and designat ed
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EXHIBIT A
129
Revised 1/3/2020 B11.5 – 5M E&O

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

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

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

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

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EXHIBIT A
130

CITY COUNCIL STAFF REPORT
ITEM NO. 6.8

DATE:

October 13, 2025
TO:

Honorable Mayor and City Council
FROM:

Jeramy Young, Police Chief
SUBJECT:

Resolution authorizing the execution of a maintenance and support agreement with Sun Ridge Systems, Inc. to provide software support and services for the public safety computer-aided dispatch/records management/report writing software and related systems in an amount not-to-exceed $395,003 through October 31, 2028.

RECOMMENDED ACTION

DECISION TYPE
Administrative

SUMMARY
On June 8, 2015, the City Council approved a resolution authorizing the City Manager to enter into a purchasing agreement with Sun Ridge Systems, Inc. to acquire a new Public Safety Computer Aided Dispatch (CAD) and Records Management System (RMS) and related systems. The latest CAD RMS system was successfully implemented in February 2016, and included a warranty and maintenance period that expired on February 10, 2019. The original continuing maintenance agreement was implemented when the warranty maintenance agreement expired and has been renewed every three years since. The proposed new Sun Ridge Systems, Inc. maintenance agreement will maintain support for the City’s CAD RMS system for an additional three years up to October 31, 2028.

DISCUSSION
The City Council adopted a resolution authorizing the City Manager on June 8, 2015, to enter into a purchase agreement with Sun Ridge Systems, Inc. to provide the Police Department with a fully 131
integrated CAD, RMS, Report Writing, Mobile Field Reporting, Training Management System, Property Module, and additional interfaces to local, state and federal systems. In February 2016, the system was put into full operation. The second multi-year maintenance agreement is expiring, and the new agreement will cover software and support services through an additional three years to October 31, 2028, at a fixed rate of $124,074 for year one, $131,519 for year two, and $139,410 for year three. The total three-year agreement shall not exceed $395,003.

FISCAL AND ADMINISTRATIVE IMPACTS
Funding for the Sun Ridge Systems, Inc. software and support services agreement is appropriated in the Police Department’s approved FY 2025-27 budget. The remaining necessary funds will be included in the Police Department’s FY 2027-28 and FY 2028-29 General Fund budget for Police Information Technology. The total cost for Sun Ridge Solutions' maintenance services agreement is $395,003 for the three-year period.

COMMUNITY PILLAR

1: A Safe Community That Thrives

GOAL
2: Provide proactive and effective public safety and crime prevention through direct enforcement, education, and partnerships

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement

Prepared by: Deirdre Ramsey
Business Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A

MAINTENANCE & SUPPORT AGREEMENT WITH SUN RIDGE
SYSTEMS, INC. TO PROVIDE SOFTWARE SUPPORT AND SERVICES

FOR THE PUBLIC SAFETY COMPUTER-AIDED DISPATCH/RECORDS

MANAGEMENT/REPORT WRITING SOFTWARE AND RELATED
SYSTEMS IN AN AMOUNT OF $395,003 THROUGH OCTOBER 31,
2028

On June 8, 2015, the City Council approved a resolution authorizing the City Manager to enter into a purchasing agreement with Sun Ridge Systems, Inc. to acquire a new Public Safety Computer Aided Dispatch (CAD) and Records Management System (RMS) and rela ted public safety software systems. The new CAD RMS system was successfully implemented in February 2016 and included a warranty and maintenance period that expired on February 1, 2019, with additional maintenance contracts that expire on October 31, 2025.

The proposed Sun Ridge Systems Software Support Services Agreement will cover three years , extending the maintenance period to October 31, 202 8, to ensure ongoing maintenance and support for the City's public safety software.

NOW, THEREFORE, BE IT RESO LVED by the City Council of th e City of Livermore, that it hereby authorizes the City Manager, or her designee, to execute an agreement with Sun Ridge Systems, Inc., for continued software maintenance and support for the Public Safety Computer Aided Dispat ch and Records Management software and related public safety software systems in the amount of $395,003.

On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on October 13, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

___________________________ /s/ Daniel R. Gonzales
Deborah L. Elam Daniel R. Gonzales
City Clerk Deputy City Attorney

Exhibit A - Sun Ridge Systems, Inc. Agreement
133
Sun Ridge Systems Software Support Services Agreement
This is a description of the software support, maintenance, and enhancement services to be provided by Sun Ridge Systems, Inc. (“SRS”) to the City of Livermore, a municipal corporation (“Licensee”) as part of a Software Support Services Agreement (“Agreement”). This Agreement covers all RIMS public safety software (Software) licensed by the Licensee and is effective on November 1, 2025 (“Effective Date”).

Under this agreement SRS agrees to provide the following services and products to Licensee:

2. SRS Response to reported problems. SRS agrees to provide service and assistance as expeditiously as possible as follows:
a. Most problems will be resolved with the initial phone call. b. For problems that cannot be immediately resolved, SRS will work to resolve the problem based on the severity of the problem and the urgency reported by Licensee. භ For critical problems, SRS personnel will work with Licensee until the situation is resolved.
භ For problems that are not critical problems that have a lesser though continuing impact on operations of Licensee (“non-cr itical problems”), SRS will endeavor to provide a solution or work around within 72 hours of the problem being reported to SRS by the Licensee.
භ For problems that are not critical problems and are not non-critical problems (“minor problems”) SRS may, at its discretion, either issue a near term "fix release" of the product or include the fix in the next scheduled product update.

3. Licensee equipment and software responsibilities. Licensee agrees to allow SRS to remotely connect to Licensee’s system when a problem is reported. SRS uses BeyondTrust (formerly Bomgar) remote access software for secure installation and fo llow-on support services. BeyondTrust software provides superior security and does so over an or dinary internet connection via an SRS server that hosts a BeyondTrust security hardware device.

SRS will use this line only with Licensee’s permission. SRS will use this link to examine data files, investigate reported problems and provide updates and corrections when necessary.

1. Coverage Hours. SRS will provide a toll-free phone number for Licensee to call whenever a covered problem occurs. Normal service hours will be Monday-Friday, 8AM-5PM PST, with the exception of New Year’s Day, President’s Day, Memorial Day, July 4th, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, and Christmas Day (“common holidays”). However, for instances where the Licensee’s system is completely inoperable due to an SRS software problem (“critical problems”) preventing basic system operation, service will be available 24 hours, 7 days a week, common holidays included.
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4. Provision of software updates. SRS will provide at no additional cost all new enhanced and updated versions of software licensed to Licensee. This software will be provided with detailed installation instructions for installation by Licensee. If desired, Licensee may retain SRS to perform any installation at additional cost to be determined on a per case basis. Updates are distributed via download from the SRS ftp web site. SRS will not be obligated to provide service for release versions that are more than two annual release versions older than the current release.

5. Cost. The total cost of the services and software to be provided under this Agreement are as follows:

Three-Year Support Rate – Reference Attachment A

November 1, 2025 – October 31, 2026: $124,074
November 1, 2026 – October 31, 2027: $131,519
November 1, 2027 – October 31, 2028:

Total for 3-Years $395,003
$139,410

6. Late Payment. In addition to any other amounts for which Licensee is liable under this Agreement, Licensee agrees to pay to SRS a late charge equal to one percent (1%) of the amount due if Licensee fails to pay SRS any amount that is due and owing pursuant to this Agreement within sixty (60) days after Licensee’s receipt of an invoice from SRS or (60) days after the expiration of the previous Agreement, whichever comes later. In addition, any invoiced amounts that are due and owing under this Agreement which Licensee fails to pay to SRS wi thin ninety (90) days after Licensee’s receipt of an invoice from SRS shall thereafter bear interest at the rate of twelve percent (12%) per annum or the highest interest rate allowed by applicable law, whichever is less.

7. Term. The term of this Agreement shall be one year from the date stated in the initial paragraph and shall be automatically annually renewed for another year upon payment of invoice. Payment for the year is due in advance the day the services begin. Non-payment of the support invoice within 60 days as described in Section 6 shall be cause for terminating or suspending the Agreement at the discretion of SRS.

8. Termination. Licensee may terminate this Agreement with or without cause upon ninety (90) days written notice to SRS. If terminated, Licensee is entitled to a prorated refund for the service days not consumed beginning on the last day of the month the written notice is received by SRS to the end of the remaining term of the Agreement.

9. Limitations. SRS agrees to provide support only for pub lic safety application software provided by SRS. Other software used by Licensee (word proces sing, spreadsheet, etc.) is not included in this Agreement. PC and network operating system software and Microsoft SQL Server database system software is similarly not included, although SRS ma y assist Licensee in isolating problems to this software. Also specifically excluded is responsibilit y for administration, support, or maintenance of your server, computer network, operating systems, or database (Microsoft SQL Server).

Licensee may request that SRS provide support services outside the limitations of this Support Services Agreement. If SRS agrees to provide an y requested additional support services, which SRS may do or decline to do in its sole discretion, such support services will be provided at SRS’s then- current rate and on such other terms and conditions as SRS may require. ,"1/'&++2$),-$

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This Agreement does not include equipment maintenance or assistance in diagnosing hardware problems including but not limited to PCs, printers, network, scanners, and other computer peripheral devices with the exception that SRS will assist Licensee in determining whether a problem is RIMS application software in nature.

10. Indemnity and Insurance.
a. Sun Ridge agrees to indemnify, defend, and hold harmless the City and its officers, directors, shareholders, employees, and agents (the “City Indemnified Parties”) from any and all claims, demands, liabilities, and costs, including attorney’s fees (“Claims”), arising out of or relating to (i) any actual infringement of a third-party’s inte llectual property rights or (ii) the negligence or willful misconduct of any employee or agent of Sun Ridge occurring during or as a result of Sun Ridge’s performance of its obligations hereunder, provided that Sun Ridge shall have no indemnity or other obligations to the City hereunder to the extent any such Claims arise from or are the result of the negligence or other fault of the City or its employees, agents or other contractors nor shall the foregoing indemnity and hold harmless obligations of Sun Ridge extend to or cover any Claims arising from or relating to claims of defects or errors in the Software or the City’s use or inability to use the Software. The City shall promptly notify Sun Ridge of any claim of infringement or misappropriation for which Sun Ridge is alleged to be responsible a nd shall cooperate with Sun Ridge to facilitate the defense or settlement of such claim. This i ndemnity obligation shall survive the expiration, cancellation, or termination of this Agreement. Notwithstanding the foregoing, the City expressly waives, releases, and agrees that neither Sun Ridge nor Sun Ridge’s officers, directors, shareholders, employees, agents, and affiliates shall have any liability for any individual’s or entity’s lost business, direct damages, incidental or consequential damages, or any other Claims arising out of or related to the use or implementation of the Software.
b. During the term of this Agreement, Sun Ridge shall comply with the following insurance requirements:
i. Workers' Compensation. Sun Ridge shall fully comply with the terms of the law of California concerning workers' compensation. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability Sun Ridge ma y have for workers' compensation. Said policy shall also include employer's liability coverage of S1,000,000 per accident for bodily injury or disease.
ii. General Liability lnsurance. Sun Ridge shall obtain at its sole cost and keep in full force and effect ‘during the term of th is Agreement commercial general liability insurance in the amount of S1,000,000 per occurrence for bodily injury, and property damage personal injury: coverage includes products and completed operations. Said insurance shall provide (1) that the City, its officers, and employees shall be included as additional insureds under the policy, and (2) that the policy shall operate as primary insurance, and noncontributory.
iii. Automobile Liability Insurance. Sun Ridge shall obtain at its sole cost and keep in full force and effect during the term of this Agreement business automobile liability insurance in the amount of S1,000,000 combined single limit per occurrence for bodily injury and property damage. Said in surance shall provide (2) that the policy shall operate as primary insurance, and non-contributory. ,"1/'&++2$),-$

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iv. Certificates of Insurance. Sun Ridge shall file with City upon the execution of this Agreement, certificates of insurance which shall provide that no cancellation, major change in coverage, expiration, or nonrenewal will be made during the term of this agreement, without thirty (30) days written notice to the City prior to the effective date of such cancellation or change in coverage.

All terms, conditions, and limitations set forth in the Sun Ridge Systems Software License Agreement are incorporated herein by this reference and shall be fully applicable to the products and services provided under this Agreement.

For: Sun Ridge Systems, Inc. For: City of Livermore
Name:

Signed:

Carol Gomes Jackson Name: Marianna A. Burch
Signed:

Title: President Title: City Manager
Date: Date:

A P P R O V E D A S T O F O R M :

___________________________________
Daniel Gonzales
Deputy City Attorney

*Includes Attachment A – Line-Item Pricing Detail

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To: Deirdre Ramsey, Livermore Police Department
From: Tamera Melrose
Subject: Quotation for RIMS- Annual Support and Update Fees Date: July 25, 2025

The following is a quotation for three years of RIMS Annual Support and Update fees for the period of November 1, 2025, to October 31, 2028.

Item FY 25-26 FY 26-27 FY 27-28
RIMS Annual Support and Updates – Computer Aided Dispatch (CAD) $33,938 $35,974 $38,133 RIMS Annual Support and Updates – Records Management Software (RMS) $34,073 $36,117 $38,284 RIMS Annual Support and Updates – Mobile Software $20,111 $21,319 $22,597 RIMS Annual Support and Updates – E-911 Software $2,515 $2,665 $2,825 RIMS Annual Support and Updates – State Link Software $2,515 $2,665 $2,825 RIMS Annual Support and Updates – In-Station (CAD) Mapping $8,798 $9,326 $9,885 RIMS Annual Support and Updates – Mobile Mapping Software $2,514 $2,665 $2,825 RIMS Annual Support and Updates – Property Management Software $5,029 $5,330 $5,650 RIMS Annual Support and Updates – RIMS2Text Paging Software $1,257 $1,333 $1,413 RIMS Annual Support and Updates – CopLogic Link Software $1,257 $1,333 $1,413 RIMS Annual Support and Updates – Citizen RIMS Public Access Software $2,514 $2,665 $2,825 RIMS Annual Support and Updates – Auto Cite Link for Crossroads Software $1,006 $1,066 $1,130 RIMS Annual Support and Updates – Collaborate Data Sharing Software $1,257 $1,333 $1,413 RIMS Annual Support and Updates – iRIMS iOS/Android App Software $2,514 $2,665 $2,825 RIMS Annual Support and Updates – Training Management Software (TIMS) $1,257 $1,333 $1,413 RIMS Annual Support and Updates – Accurint Link Software $2,514 $2,665 $2,825 RIMS Annual Support and Updates – Crossroads Accident Import Software $377 $400 $424 RIMS Annual Support and Updates – Body Camera Link to AXON Software $628 $665 $705 $124,074 $131,519 $139,410

This support quote is only for the listed modules, if additional software or interfaces are added or modified it may impact the support amount quoted. If you have any further questions, please call me at 1-800-474-2565 x5.

ATTACHMENT A
Total = $395,003
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CITY COUNCIL STAFF REPORT
ITEM NO. 6.9

DATE:

October 13, 2025
TO:

Honorable Mayor and City Council
FROM:

Jeramy Young, Police Chief
SUBJECT:

Resolution authorizing execution of an agreement with National Trench Safety, Inc. for traffic control services at the San Francisco Premium Outlets and other sites as needed throughout the city, in an amount not-to-exceed $1,700,000, from November 1, 2025, through October 31, 2030.

RECOMMENDED ACTION

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an agreement with National Trench Safety, Inc. for traffic control services at the San Francisco Premium Outlets and other sites as needed throughout the city, in an amount not-to-exceed $1,700,000, from November 1, 2025, through October 31, 2030.

DECISION TYPE
Administrative

SUMMARY
With the expansion of the shopping and dining opportunities at and around the San Francisco Premium Outlets, the need for traffic control services to protect pedestrians and allow for a smooth traffic flow has increased. The City currently contracts for traffic control at three intersections at the outlets. The contract is meant to provide services on an on-call basis and allow flexibility to meet the needs of other locations, if necessary, in the City. The current contract is due to expire on October 31, 2025.

DISCUSSION
The number of customers visiting the San Francisco Premium Outlets continues to be significant during the holidays. During the Thanksgiving holiday shopping weekend (Black Friday), approximately 115,000 vehicles entered the outlet property. Additionally, three-day holiday shopping weekends such as Memorial Day, Labor Day, and weekends between Thanksgiving and Christmas have increased vehicle traffic flow into the outlets.
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In addition to the large number of customers visiting the outlets, four smaller retail developments (Republic Square, The Shops, Pacific Pearl, and Fallon Gateway) operate within close proximity during the same high-volume shopping periods. The increased business activity in the vicinity of the outlets, coupled with Republic Square and The Shops, has created a regional draw to the area, creating a necessity for increased traffic and pedestrian management.

Due to the volume of shoppers visiting the area, vehicle traffic often becomes gridlocked during holiday periods. Vehicle traffic backs up into Pleasanton and Dublin and causes congestion on the I-580 freeway and all roadways leading towards the San Francisco Premium Outlets. Traffic management can reduce the negative impacts of vehicle congestion and increase the safety of pedestrians coming/going from adjacent shopping centers, parking lots, and rideshare drop-offs.

In 2017, an RFP was sent out to 6 Bay Area and Central Valley traffic control companies. TPR Traffic Solutions (now National Trench Safety, Inc.) was the only respondent. The remaining companies declined to respond based on the City's requirement to implement temporary traffic control while the signal at the intersection is still fully operational. The other companies would only control traffic if the signal was set to flash. Setting the lights to flash mode did not mitigate the issues. It caused an exponential increase in traffic congestion on the roadways, further delays in the surrounding area, and additional congestion in the turn pockets. The City then entered into a contract with TPR Traffic Solutions (now National Trench Safety, Inc.), which expired in 2021. The City's Purchasing Section inquired with the professional purchasing community of California Association for Public Procurement Officials to determine if other agencies could provide resources for the City's particular needs. No other agencies could provide a company that could meet the requirements. The same process was followed again in August 2025, which yielded the same results.

In light of this fact, the City will rely upon section 2.68.370 (B) 2 (as below) of the City's Contracts and Purchasing Ordinance to eliminate the RFP requirement for this contract.

Contracts and Purchasing Ordinance Section 2.68.370(B) 2

2. Where it is determined that supplies and equipment are unique or available only from one source, so that the quotation procedure required by this section would be meaningless. The basis upon which this determination is made shall be in writing.

FISCAL AND ADMINISTRATIVE IMPACTS
The total contract amount is not-to-exceed $1,700,000 from November 1, 2025, through October 31, 2030. The FY 2025-27 approved Police Department budget has sufficient funding for the contract's first two years; therefore, no additional appropriation is necessary. Future years' costs will be included in the normal Police Department budget cycle. The City's current Public Safety Agreement with the San Francisco Premium Outlets, LLC, provides for an annual contribution of $307,077 for public safety services at the mall, and 53% of the City’s documented cost for traffic management services provided at the outlets for each event. This contract includes a 7.7% increase in hourly labor rates for years four and five.

COMMUNITY PILLAR
1: A Safe Community That Thrives
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GOAL
2: Provide proactive and effective public safety and crime prevention through direct enforcement, education and partnerships

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement

Prepared by: Deirdre Ramsey
Business Manager

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH NATIONAL TRENCH SAFETY, INC. TO PROVIDE

TRAFFIC CONTROL SERVICES AT THE SAN FRANCISCO PREMIUM

OUTLETS AND OTHER SITES AS NEEDED IN AN AMOUNT NOT-TO-
EXCEED $1,700,000, AND A TERM ENDING OCTOBER 31, 2030

With the expansion of the shopping and dining opportunities at and around the San Francisco Premium Outlets (the “Outlets”), the need for traffic control services to protect pedestrians and allow for a smooth traffic flow has increased. The City of Livermore currently contracts for traffic control at the Outlets and other locations throughout the City as needed. After exercising due diligence, National Trench Safety, Inc. was selected as a sole source vendor for the award of a services agreement for traffic control services.

NOW, THEREFORE, BE IT RESOLVED by the City Council of th e City of Livermore, that it hereby authorizes the City Manager, or her designee, to execute an agreement with National Trench Safety, Inc., for continued traffic control services for the term of November 1, 2025, through October 31, 2030, in an amount not -to-exceed $1,700,000.

On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on October 13, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

___________________________ /s/ Daniel R. Gonzales
Deborah L. Elam Daniel R. Gonzales
City Clerk Deputy City Attorney

Exhibit A - National Trench Safety Agreement
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25-0552

AGREEMENT FOR SERVICES
THIS AGREEMENT is made and entered into this day of , 2025, by and between the City of Livermore (“City”), a municipal corporation, and National Trench Safety, Inc. (“Contractor”), a(n) California Corporation.

RECITALS
City requires services for on-call temporary traffic control management services for various projects and events.

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

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

1. Retention as Contractor. City hereby retains Contractor, and Contractor hereby accepts such engagement, to perform the Services described and defined below in Section 3 Description of Services subject to the terms and conditions in this Agreement.

2. Relationship of Parties – Independent Contractors.
(a) The relationship of the parties shall be that of independent contractors.

Contractor is and shall at all times remain as to City a wholly independent contractor during the term of this Agreement.
(b) Contractor and its personnel performing the Services on behalf of Contractor are not City officers or employees. Contractor’s personnel shall at all times be under Contractor’s exclusive direction, control, supervision, and management.

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(d) Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, and shall have no authority, express or implied, to bind City to any obligation whatsoever.

3. Description of Services. Contractor shall provide the services described in the recitals and more particularly set forth in Exhibit A Scope of Work , which are collectively defined as “the Services” for the purposes of this Agreement.

4. Contractor’s Responsibilities. Contractor, at its own cost and expense, shall:
(a) Coordinate the Services with Deirdre Ramsey (“Project Manager”), or such other person designated as the Project Manager by City; (b) At all times faithfully, competently, and diligently perform the Services to the best of its ability, experience, and talent in a courteous manner commensurate with industry, trade, and community standards. Consultant shall follow the highest industry standards when performing the Services required hereunder and covenants that all goods, materials, and equipment will be both of good quality as well as fit for the purpose intended. For the purposes of this Agreement the phrase “highest industry standards” means those standards recognized by one or more first-class contractors performing similar Services under similar circumstances within City’s region; (c) Provide the resources and assign competent Contractor personnel necessary to complete the Services in a timely manner;
(d) Immediately remove and replace, without any cost to City, any member of Contractor’s personnel providing the Services to City, in its sole discretion and at any time during this Agreement, directs Contractor to remove and replace, and City agrees to advise Contractor of the reason for the direction for the removal and replacement; (e) Provide all facilities, goods, mate rials, and equipment that may be necessary for Contractor’s personnel to provide the Services; (f) Obtain and keep in effect during the term of this Agreement all necessary licenses, permits, qualifications, insurance, and approvals legally required and required by trade, craft, or classification for Contractor to provide the Services, including obtaining a business license from the City of Livermore, and keep them all in effect for the term of this Agreement;
(g) Obtain and complete the appropriate City forms for the City to pay Contractor electronically via the Automated Clearing House (ACH). Those forms may be obtained by email at accountspayable@livermo reca.gov or by calling Accounts Payable staff at (925) 960-4345. If Contractor opts-out of electronic payment, it must likewise complete the appropriate City forms that can be obtained from those same sources for payment by check. The authority granted by those forms will remain in force and effect until the City receives written notification of changes, which changes shall not take effect for at least ten business days to afford City a reasonable opportunity to act; "!

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(h) Provide City with a complete Request for Taxpayer Identification Number and Certification Form W-9 using the form most recently issued by the Internal Revenue Service;
(i) Comply with all applicable state and federal laws, as well as Alameda County and City of Livermore ordinances, regulations, and adopted codes, when providing the Services;
(j) Only invoice City for the Services rendered. Contractor’s invoice shall be in writing and describe the Services performed for the payment requested, and if requested by the Project Manager, Contractor shall certify the correctness of any invoice or invoices for Services provided. Contractor shall not submit an invoice to City more frequently than once a calendar month;
(k) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least three years from the date of City’s final payment to Contractor and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment. Contractor shall make the invoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Contractor shall give City 30 calendar-days’ written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants to take possession, then Contractor and City shall coordinate delivery of the invoices and records to City in the most efficient manner possible;
(l) Be available to the Project Manager, City staff, and other parties referred to Contractor by the Project Manager to answer questions or inquiries related to the Services or invoices;
(m) Prepare and submit a written report to the Project Manager, within three business-days of the Project Manager’s written request, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;
(n) Correct all errors in the Services. If Contractor fails to make such correction in a timely manner, then City may make the correction and then charge the cost thereof to Contractor or deduct that cost from the compensation payable to Contractor; and, (o) Comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA, when providing the Services.

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

6. Prevailing Wages.
(a) Contractor is aware of the requirements of Chapter 1 of Part 7 of Division 2 of the California Labor Code and applicable regulations (collectively “Prevailing Wage Laws”) that require the payment of prevailing wage rates (§§ 1771, 1774, and 1775), employment of apprentices (§§ 1777.5 and 1775.6), certified payroll records (§ 1776), hours of labor (§§ 1813 and 1815), registration and debarment of contractors and subcontractors (§ 1777.1), and the performance of other requirements on public works and maintenance projects as defined the Prevailing Wage Laws. (b) The prevailing wage rates for crafts, classifications, and types of workers are available online at http://www.dir.ca.gov /DLSR, and Contractor is responsible for determining whether the workers are entitled to the payment of prevailing wages and Contractor must pay no less than the specified rates to all entitled workers performing the Services. The schedule of per diem wages is based upon a working day of eight hours.

The rate for holiday and overtime work must be at least time and one-half. (c) Contractor shall ensure that all work for compensation is taken in compliance with the requirements of the Prevailing Wage Laws including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages.
(d) If any violation of prevailing wage law associated with this Agreement is deemed to have occurred by any court or administrative authority, Contractor shall forfeit to the City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the applicable prevailing rates for any work done to accomplish the purposes of this Agreement. (e) Work on public works and maintenance projects as defined by the Prevailing Wage Laws is subject to compliance monitoring and enforcement by the California Department of Industrial Relations pursuant to California Labor Code section 1771.4. No contractor may be awarded a contract for public works and maintenance projects as defined by the Prevailing Wage Laws unless currently registered with the California Department of Industrial Relations pursuant to California Labor Code section 1725.5.

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(f) Contractor agrees to indemnify, defend, and hold City harmless from any claim that prevailing wages should have been paid, and Contractor shall be liable for the payment of the same and penalties thereon. It is Contractor’s responsibility to be familiar with the California Labor Code and the Prevailing Wages Laws, and failure or neglect of Contractor to understand th e California Labor Code shall and Prevailing Wage Laws in no way relieve Contractor from any obligations thereunder or under this Agreement. (g) Contractor acknowledges that failure to pay prevailing wages to an entitled worker performing the Services may result in the Contractor being ineligible to contract with City.

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

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

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

10. Preservation of City Property. Contractor shall provide, install, and utilize suitable safeguards, approved by City, to protect City property from injury or damage when providing the Services. If City property is injured or damaged as a result of Contractor’s Services, then the Contractor shall, at its own cost and expense, replace or restore that property to a condition as good as when Contractor began providing the Services, which work shall be completed within a reasonable time. In all situations arising out of this Agreement, City and Contractor shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
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11. Inspection. Contractor shall furnish City every reasonable opportunity for City to ascertain that the Services by Contractor are being performed in accordance with the requirements and intentions of this Agreement. All work performed and all goods, materials, and equipment provided shall be subject to City inspection and approval. City inspection of such work, goods, materials, and equipment shall not relieve Contractor of any of its obligations to fulfill the requirements in this Agreement.

12. Audit. In addition to the requirements in Section 4(k) above, Contractor shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of three years after the date of final payment to Contractor. Contractor agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy, or transcribe any of Contractor’s records pertaining to this Agreement at any time during normal business hours. Contractor shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could result in cause for termination.

13. Term. The term of this Agreement commences on November 1, 2025, and terminates upon the completion of the Services or October 31, 2030, whichever occurs first.

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

15. Compensation and Payment.
(a) The total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $1,700,000.00 ("not-to-exceed amount"). (b) City shall compensate Contractor for the Services rendered at the hourly rates or task amounts set forth in Exhibit B Fee Schedule, and shall reimburse Contractor for travel expenses and other costs that are identified in Exhibit B, up to the not-to-exceed amount.

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(c) Contractor and City acknowledge that compensation paid by City to Contractor pursuant to this Agreement is based upon Contractor’s estimated costs to provide the Services, including the salaries and benefits paid by Consultant to its personnel. Consequently, Contractor and City further agree that compensation paid by City to Contractor is intended to include the costs of contributions to any pensions or annuities, or both, to which Contractor and its personnel may be eligible, and that City has no responsibility for contributions beyond the compensation paid to Contractor under this Agreement. As provided in this Agreement, the hourly rates, task amounts and reimbursement for specified travel expenses and costs in the Fee Schedule are intended to be Contractor’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Contractor, its agents, and employees to provide the Services, including all taxes Contractor is required to pay. (d) City shall pay Contractor no later than 30 days after City receives a written invoice from Contractor and verifies the Services were performed for the payment requested.
(e) City shall pay Contractor via the Automated Clearing House or as otherwise instructed by Contractor pursuant to Section 4(g) above.

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

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

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

18. Confidentiality. Contractor shall not disclose any confidential or proprietary information received from City to anyone except Contractor’s personnel who require access to the information to perform the Services. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are returned to City or confirmed destroyed in a manner satisfactory to City. "!

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19. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, indemnify, and defend with counsel selected by or otherwise acceptable to City, City and its elected and appointed officials, officers, directors, employees, agents, and designated volunteers (collectively “Indemnified Parties”) from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services, or in connection with Contractor’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of the Indemnified Parties. Contractor’s obligations to hold harmless, indemnify, and defend shall not be excused because of Contractor’s inability to evaluate Liability or because Contractor evaluates Liability and determines that Contractor is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Contractor must respond within 30 days to the tender of any claim for defense and indemnity by City.
(a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Contractor’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.
(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Contractor’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).

20. Insurance. Without limiting Contractor’s indemnification of the Indemnified Parties, Contractor shall procure and maintain at its own expense during the term of this Agreement policies of insurance in the amounts and under the terms set forth in Exhibit C Insurance Requirements against claims and Liability th at may arise from or in connection with this Agreement and performance of the Services. Upon reasonable written notice, Contractor shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.

21. Force Majeure; Service Delays. Should Contractor’s performance of the Services be obstructed or delayed due to changes in the Services by City, by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain goods, materials, equipm ent, or labor due to federal government restrictions arising out of defense or war programs, then Contractor’s time for performance may, at City’s sole discretion, be extended for such periods as may be agreed upon by City and Contractor. Nothing in this section restricts City’s authority in Section 14 to terminate this Agreement.

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

23. Acceptance of Work. City’s acceptance of, or payment to Contractor for, the Services does not release Contractor from its responsibility for the accuracy, completeness, or competency of the Services, nor do the actions constitute an assumption of Contractor’s responsibility or liability by City for any defect or error in the Services.

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

25. Economic Disclosure. Contractor shall comply with City’s local conflict of interest code implementing the California Political Reform Act and shall prepare and file an economic disclosure statement if the Services involve making, or participation in making, governmental decisions or financial decisions by City that may have a material effect on Contractor’s financial interests. Wh ile it is Contractor’s sole responsibility to evaluate its conflicts of interest, Contractor nevertheless agrees to prepare and file an economic disclosure statement if requested by City.

26. Levine Act Compliance. California Government Code section 84308 (Levine Act) prohibits City officers from participating in any action related to a contract, license, permit, or entitlement if the officer receives political contributions from a party, or participant, or agent thereof, that totals more than $500 within the twelve months preceding the decision or within the twelve months following the date of the final decision.

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

27. Use of Recycled Products. If fitness and quality are equal, then Consultant shall utilize recycl ed products consistent with the City’s Environmentally Preferrable Purchasing and Practices Policy, and as defined in California Public Contract Code Section 12200 for the Services, instead of nonrecycled products whenever recycled products are available at the same or a lesser cost than nonrecycled items. Information on recycled materials can be found here:
x Sustainable Purchasing | StopWaste - Home, Work, School x Reducing Waste at Work | StopWaste - Home, Work, School x Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing | US EPA

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

29. Business Entity Status. Contractor is responsib le for filling all required documents and forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, as well as the California Business and Professions Code and any other state statute, to the extent such requirements apply to Contractor to provide the Services. By entering into this Agreement, Contractor represents that it is: authorized to do business in California; in good standing with the California Secretary of State; and, in good standing with all agencies having jurisdiction over Contractor, including any licensing agencies and trade industries. If Contractor is a suspended entity at the time it enters into this Agreement, City may take steps to void this Agreement.

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

31. No Subcontracting and No Assignment. Contractor’s unique personal competence, experience, specialized perso nal knowledge, trade skills, and reputation were a substantial inducement to City for the award of this Agreement to Contractor, therefore no part of the Services may be assigned or subcontracted without City’s prior written consent. For the purposes of this section, a change of fifty percent or more in the ownership or control of Contractor constitutes an assignment.

32. Remedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right or remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, Contractor must present a written claim to City in accordance with Livermore Municipal Code Chapter 3.40 Claims Administration.

33. Work Eligibility. Contractor warrants that only personnel authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be provided by Contractor for the performance of the Services.

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34. Non-Discrimination. In performance of the Services, Contractor agrees that it will not engage in discrimination in employment of persons because of such person’s race, color, religion, sex/gender, gender identity/expression, sexual orientation, marital status, medical condition, military or veteran status, national origin, ancestry, disability, genetic information, age, or any protected classificati on when providing the Services. Consultant further agrees to comply with all provisions of Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in all programs or activities receiving federal financial assistance. Consultant further assures that it will take necessary actions to ensure compliance with these requirements in the performance of this Agreement.

35. Construction of Language.
(a) The terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguit y in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and any exhibit hereto, the language in the body of the Agreement controls.
(b) For the purposes of this Agreement, the terms “writing” and “written” includes electronic documents and communication via email, but not when those terms are used in Sections 14, 20, 31, and 35 through 38 for notices, consent, or modifications.

For the notices, consent, and modifications in Sections 14, 20, 31, and 35 through 38 the terms “writing” and “written” means either a physically tangible document or an electronic document that satisfies the requirements in Livermore Municipal Code Section 2.64 Electronic Signatures

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

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

TO CITY: Attention: Deirdre Ramsey
Police Department

1110 South Livermore Avenue
Livermore, CA, 94550
[email protected]

Email: [email protected] [email protected]
[email protected]

TO CONTRACTOR: Attention: Elvis Aguilar
National Trench Safety, Inc

564 143rd Avenue
San Leandro, CA, 94578
United States
Email: [email protected]

38. Waiver. Failure to insist upon the strict performance of any term or condition in this Agreement, no matter how long the failure continues, is not a waiver of the term or condition and does not bar the right to subsequently demand strict performance. To be effective, a waiver must be in writing and signed by the non- breaching party.

39. Severability. If a court of competent jurisdiction determines a provision in this Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired in any way.

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

41. Jurisdiction and Venue. The interpretation, validity, and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of California. Any suit, claim, or legal action of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda or in the United States District Court for the Northern District of California.

42. Electronic Signatures. By signing this document, you are agreeing that you have reviewed this disclosure information and consent to transact business using electronic communications, and to utilize electronic signatures in lieu of using paper documents pursuant to Livermore Municipal Code section 2.64 Electronic Signatures and all other applicable laws. You are not required to sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.
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43. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.
**************************************************************************************************** Signatures and Exhibit List on the Next Page

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In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date set forth in the first paragraph of this Agreement, which is the date that this Agreement was signed on behalf of the City after it was signed by Contractor.

CONTRACTOR: Dated:
____________________________________________________________ Dennis Corona
District Manager
CITY OF LIVERMORE: Dated:
_____________________________________________________________ Marianna A. Burch
City Manager
APPROVED AS TO FORM:
______________________________________
Deputy/Assistant/Senior Assistant/City Attorney
APPROVED AS TO INSURANCE:
___________________________
Risk Manager/Analyst
Exhibits:

Exhibit A – Scope of Work
Exhibit B – Fee Schedule
Exhibit C – Insurance Requirements
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156
Sale Rep:

Cell #: 510-846-3421
E-mail
Ca. Contractors Lic# 787313 C31/ D42
Traffic Control Equipment - 275988999 Day Week Month
Arrow Board 99.00$ 297.00 $ 891.00 $
Message Board (Mid-Size) 225.00 $ 675.00 $ 2,025.00 $ Light Tower 110.00$ 440.00 $ 1,100.00 $
Cones & Delineators - 275998999 Day Week Month
28" Reflective Orange Cone 0.99 $ 6.93 $ 27.72 $ Delineator w/Base 0.99$ 6.93 $ 27.72 $

6.0'-10' Cone Bar W/Y or B/O 1.95 $ 13.65 $ 54.60 $ Cone Signs 2.95$ 20.65 $ 82.60 $
Barricades - 275998999 Day Week Month
T1 Barricade with EG stripes Plastic/Metal 1.25 $ 8.75 $ 35.00 $ T3 Barricade with EG stripes Plastic/Metal 4.00 $ 28.00 $ 112.00 $ Pedestrian Barricade 43" x 90" Metal 4.00 $ 16.00 $ 40.00 $ Drum with EG Stripes 1.35$ 9.45 $ 37.80 $ Signs - 285998999 Day Week Month
Aluminum Signs EG All Sizes - 285 2.95 $ 20.65 $ 82.60 $ Roll up Vinyl signs - 305 2.95 $ 20.65 $ 82.60 $ Spring Signs Stands - 275 1.85 $ 12.95 $ 51.80 $ 18" Flag with Dowel - 275 0.75 $ 5.25 $ 21.00 $ Lights - 275998999 Day Week Month
Barricade Light 0.99$ 6.93 $ 27.72 $ 12" Beacon Light w/Spring Stand 39.00 $ 117.00 $ 351.00 $ Water Filled / Crash / Array - 315998999 Day Week Month

6.0 ft. x 42 in. Gaur350 Water Filled Barrier 4.90 $ 29.40 $ 117.60 $ Crash Attenuator (Sand Barrell) 292.00 $ 292.00 $ 292.00 $ Crash Array AB350 5 Element TL-2 156.20 $ 624.80 $ 1,562.00 $ C
rash Array AB350 9 Element TL-3 173.50$ 694.00$ 1,735.00$ Crash Attenuator Truck
Traffic Control Plan Stamp 24 x 36
Traffic Control Plan Non-Stamp 24 x 36
Traffic Control Plan Stamp 11 x 17
Traffic Control Plan Non-Stamp 11 x 17
Traffic Control Plan Revision
City Permit Fee
City Permit Pull Fee - Special Price
Standard OT Sun/Holiday
On-Site Traffic Control - (1-Tech Hourly Rate) $130 $195.00 $260 *** After completion of 2028 events, 7.7% Increase of Hourly Rate to $140 *** $140 $210.00 $279 2733 Carrier Ave 564 143rd Ave
Commerce, Ca. 90040 San Leandro, Ca. 94578
Phone 866-537-1260
200 N Sam Houston Pkwy E #200
Houston, TX 77060
Phone 855-351-1114 Phone 832-200-0988
Delivery Or Pick up only - $175.00 p/hr two men one truck portal to portal ** SAME DAY DELIVERY ** Traffic Control Labor Rates
Maintained Closures, or setup and tear downs to be quoted on a per job basis, and are based on site conditions, and city or agency requirements.

NTS Traffic Solutions
$ 450.00 per sheet
$ 175.00 per sheet
** CALL FOR PRICING **
** CALL FOR PRICING **
Delivery Or Pick up only - $125.00 p/hr one man one truck portal to portal ** SAME DAY DELIVERY ** $ 700.00 per sheet
Customer: City of Livermore PD
Ben Tuitupou
[email protected]
** CALL FOR PRICING **
** Contractor responsible for water source and permits** Traffic Control Plans
$ 750.00 per sheet
$ 500.00 per sheet
EXHIBIT A6FRSH2I:RUN
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EXHIBIT B

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

1. Maximum Not to Exceed amount.

A. The maximum the Contractor shall be paid on this Agreement is $1,700,000.00 hereafter the Not to Exceed amount. The Not to Exceed amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work not identified in Exhibit A.

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

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

2. Rates. The Not-to-Exceed amount of this contract shall be $1,700,000.00 to be billed by the contractor on an as-needed basis, based on the rates in Exhibit A.

3. Terms of Payments. Net 30.

4. Invoices. Each invoice submitted shall identify the specific task(s) listed in Exhibit A. Invoices shall be submitted to the below address:

City of Livermore
Police Department

Attention: Deirdre Ramsey
1110 South Livermore Avenue
Livermore, CA 94550
[email protected]
Electronic invoices preferred, emailed to: [email protected] "!

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EXHIBIT &

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

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

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

3. Workers’ Compensation and Employer's Liability:

Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability.”
Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

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

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

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

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

Revised 9/21/2015

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

Revised 9/21/2015
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CITY COUNCIL STAFF REPORT
ITEM NO. 6.10

DATE:

October 13, 2025
TO:

Honorable Mayor and City Council
FROM:

Carl Brown, Public Works Director
SUBJECT:

Resolution awarding and authorizing the execution of an agreement with TriValley Janitorial Service and Supply, Inc. to provide janitorial services at various City facilities in an amount not-to-exceed $3,300,000 for a five-year term ending December 31, 2030.

RECOMMENDED ACTION

DECISION TYPE
Administrative

SUMMARY
On May 14, 2025, City staff issued a Request for Proposals for janitorial services at various City facilities.

Eighteen service providers responded. The proposals indicated the service provider’s qualifications and included a standard monthly rate for cleaning the identified City facilities. Staff have completed their review of the 18 proposals received and is recommending TriValley Janitorial as the best value bidder for these services.

DISCUSSION
The Maintenance Division of the Public Works Department is tasked with providing janitorial services to 16 facilities, some of which include multiple buildings. The proposed agreement for janitorial services consists of providing routine daily and periodic cleaning and the supply of consumable products such as bathroom paper products, hand soap, liners for refuse receptacles, and cleaning solution. The current agreement for janitorial services agreement expires on October 31, 2025. The City received eighteen proposals which included a standard monthly cost for cleaning specified City facilities. The eighteen ( 18)
proposals were submitted to the City and the proposed pricing is summarized below. 161
Company
Total Annual Cost
Aim to Please Janitorial Services, Inc.
$ 327,908
Allied Universal Janitorial Services
$ 585,403
Base Hill, Inc.
$ 633,942
CCS Facility Services
$ 502,380
DMS Facility Services
$ 627,016
Environment Control Central Valley
$ 531,348
ESP Facility Services, Inc.
$ 518,568
Impec Group
$ 630,000
Imperial Maintenance Services, Inc.
$ 572,432
Karla's Janitorial Services and Suppliers
$ 502,356
Marina Building Services
$ 598,800
Olympic Cleaning Service
$ 460,960
Platinum Facility Services
$ 539,044
Pride Industries One, Inc.
$ 873,874
Quality Cleaning Professionals
$ 1,018,560
Tri County Building Maintenance
$ 470,940
TriValley Janitorial
$ 552,624
Universal Business Services and Supply Co.
$ 513,324

The service provider selection process included an initial review of the proposals, reference checks, and interviews. The criteria used for evaluation included:

• The ability, capacity, and skill of the proposer to provide the required services; • The character, integrity, reputation, judgment, and efficiency of the proposer; and, • Ability of the proposer to provide services and materials in a timely manner.

TriValley Janitorial emerged as the best value bid after the evaluation process had been completed.

TriValley Janitorial offers the City a history of reliability and responsiveness while providing service to neighboring municipalities, as well as a local office for efficient response time, and sufficient staff and expertise to complete the scope of work.

Staff recommends the City accept the best value bid and initiate a new agreement beginning on November 1, 2025 through December 31, 2030, with the option to extend for one additional term of five years. Price adjustments may be negotiated starting in January 2027 and shall not exceed the San Francisco - Oakland - Hayward Area Consumer Price Index for all Urban Consumers (CPI-U), but will not be less than 3% per calendar year. The base price for the first year of routine maintenance totals $552,600 per year with an additional $60,000 for consumable items, and $3,000 per year available for any additional on-call cleaning needs.

FISCAL AND ADMINISTRATIVE IMPACTS

The annual cost of this contract of $615,600, is allocated in Fund 740, Facilities Rehabilitation Program, and various departmental budget. Costs will be programmed into the operating budget for future fiscal years.

162

COMMUNITY PILLARS

5: A City That Works

GOALS

14: Develop, operate, and maintain the City’s infrastructure

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement

Prepared by: Marisa Gan
Management Analyst II

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AWARDING AND AUTHORIZING THE EXECUTION

OF AN AGREEMENT TO/WITH TRIVALLEY JANITORIAL SERVICE &
SUPPLY, INC. FOR JANITORIAL SERVICES IN AN AMOUNT NOT-TO- EXCEED $3,300,000 FOR A FIVE-YEAR TERM

The Maintenance Division of the Public Works Department is tasked with providing janitorial services to 16 facilities, some of which include multiple buildings. The City’s current agreement for janitorial services expires on October 31, 2025.

The City issued a Request for Proposal s for janitorial services at various City facilities; eighteen service providers submitted proposals, which included a standard monthly cost for c leaning specified facilities. TriValley Janitorial Service & Supply, Inc. has been selected as the best value bidder because of its ability, capacity, and skill to provide reliable and quality services to the City.

NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore that it:

1. Awards to TriValley Janitorial Service & Supply, Inc. the agreement, attached hereto as Exhibit A, for janitorial services , in an amount not -to-exceed $3,300,000 for a five-year term with the option to extend the term for one additional five year period.

2. Authorizes the City Manager, or her designee, to execute an agreement with TriValley Janitorial Service & Supply, Inc., attached hereto as Exhibit A, for janitorial services, in an amount not -to-exceed $3,300,000 for a five -year term with the option to extend the term for one additional five year period.

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

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on October 13, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

164
2 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Molly A. O’Toole
Deborah L. Elam Molly A. O’Toole
City Clerk Assistant City Attorney

Exhibit A – Agreement with TriValley Janitorial Service & Supply, Inc. 165

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25-0490

AGREEMENT FOR SERVICES
THIS AGREEMENT is made and entered into this day of , 20 , by and between the City of Livermore (“City”), a municipal corporation, and TriValley Ja
nitorial Service & Supply, Inc. (“Contractor”), a California corporation.

RECI
TALS
City requires janitorial services for all City facilities.

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

2. Relationship of Parties – Independent Contractors.
(a) The relationship of the parties shall be that of independent contractors.

Contractor, at its own cost and expense, is responsible for all workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the Services by Contractor’s personnel. (c) Contractor and its personnel providing the Services shall not qualify for or become entitled to, and hereby waive any claims to, any compensation, benefit, or any incident in employment by City, including but not limited to enrollment in the California Public Employees Retirement System (PERS) as an employee of City and any entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
(d) Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, and shall have no authority, express or implied, to bind City to any obligation whatsoever.

Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17

EXHIBIT A
166

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Livermore City CouncilOctober 13, 2025

Livermore City Council
October 13, 2025