Livermore City Council
April 13, 2026

CITY COUNCIL
AGENDA
MONDAY, APRIL 13, 2026
REGULAR MEETING –
7:00 PM
AGENDA REVISED 04/08/2026 TO INCLUDE STAFF REPORT FOR ITEM 6.8 CLOSED SESSION - 5:40 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
Kristie Wang, Vice Mayor
Ben
Barrientos, Council Member
Evan Branning, Council Member
Steven Dunbar, Council Member
Livermore City Council Agenda
April 13, 2026

1 1.

CLOSED SESSION - 5:40 PM

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

1.1 Conference with Legal Counsel – Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. One Case.

Move Eden Housing v. City of Livermore, Alameda County Superior Court Case No. 22CV015399; First District Court of Appeals Case Nos. A167346 and A171937; California Supreme Court Case No. S293996

2.2 Public Employee Performance Evaluation. Six-month evaluation of City Attorney, pursuant to Government Code section 54957.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation declaring April 19 - April 25 as National Crime Victims' Rights Week, presented to Natalie Hernandez.

Recommendation:

Staff recommends City Council declare April 19 - April 25 as National Crime Victims' Rights Week.

Staff Report

Attachments:

1. Proclamation - National Crime Victims' Rights Week

4. ADVISORY BODY APPOINTMENTS - NONE

5. OPEN FORUM

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

ROLL CALL

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

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION

Livermore City Council Agenda
April 13, 2026

2 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.

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 Resolution authorizing execution of an agreement with Barry & Wynn Architects, Inc., in an amount not-to-exceed $318,700 and with a term ending December 31, 2028, to provide final plans, specifications, and engineering services during construction for the Police Building Renovations Project PS202316.

Recommendation:

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an agreement with Barry & Wynn Architects, Inc., in an amount not-to-exceed $318,700 and with a term ending December 31, 2028, to provide design and engineering services during construction for the Police Building Renovations Project PS202316.

Staff Report

Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Barry & Wynn Architects, Inc., Agreement

6.2 Resolution authorizing supplemental appropriations of $360,000 in FY 2025–26 and $622,000 in FY 2026–27 from the Airport Operating Fund (Fund 600) to Airport Innovation Center Project AR202628 to support completion of the design phase and authorizing execution of an agreement with Barry & Wynn Architects, Inc., in an amount not-to-exceed $661,600, and a term ending December 31, 2030, to provide final plans, specifications, and engineering services during construction.

Recommendation:

Staff recommends that the City Council adopt a resolution:
1 .

Authorizing supplemental appropriations of $360,000 in FY 2025–26 and $622,000 in FY 2026–27 from the Airport Operating Fund (Fund 600) to Airport Innovation Center Project AR202628 to support completion of the design phase; and 2 .

Authorizing the City Manager to execute a Professional Services Agreement with Barry & Wynn Architects, Inc., in an amount not-to-exceed $661,600, with a term ending

Livermore City Council Agenda
April 13, 2026

3 December 31, 2030, to provide final design, preparation of plans and specifications, bidding support, and engineering services during construction for the Airport Innovation Center Project AR202628.

Staff Report

Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Barry & Wynn Architects, Inc., Agreement

6.3 Resolution ratifying the execution of a first amendment to the Subdivision Improvement Agreement with Civic Triad East, LLC for the Amarone project at the northeast corner of North Canyons Parkway and Triad Place, Final Tract Map 8657 - Triad Drive East Project, Amarone.

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 and authorizing execution of a first amendment to the Subdivision Improvement Agreement for Tract 8657 which includes a reduction to the faithful performance bond; and
3 .

Directing the City Clerk to record the amendment to the Subdivision Improvement Agreement with the County Recorder.

Staff Report

Attachments:

1. Vicinity Map

2. Resolution

3. Exhibit A - First Amendment to Subdivision Improvement Agreement

6.4 Resolution approving Final Parcel Map 11219, authorizing execution of a Subdivision Improvement Agreement for the OMP Oaks Business Park Development located at the south end of Atlantis Court and Challenger Street, and accepting on behalf of the public, all real property offered for dedication within Final Parcel Map 11219 except for certain easements which 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 Final Parcel Map 11219 for recording;
3 .

Accepting, on behalf of the public, all real property offered for dedication within Final Parcel Map 11219 in conformance with the terms of the offer except for the following, which the Council rejects at this time reserving the right to accept the offer at a future date: Public Utility Easement (P.U.E.), Emergency Vehicle Access Easement (E.V.A.E.) and Trail Easement (T.E.).

Staff Report

Livermore City Council Agenda
April 13, 2026

4 Attachments:

1. Vicinity Map

2. Resolution

3. Exhibit A - Final Parcel Map 11219

4. Exhibit B - Subdivision Improvement Agreement

6.5 A Resolution Initiating and Declaring the Intention to Order the Annexation of the Shea Aura (Tract 8612) Project to City of Livermore Landscape Maintenance District No. LL-857 (Tract 7610), Montage.

Recommendation:

Staff recommends the City Council take the following actions:

1 .

Accept the petition from the property owner requesting the Initiation and Declaring the Intention to annex Shea Aura (Tract 8612) Project, located at the southeast corner of Isabel Avenue and Portola Avenue, into City of Livermore Landscape Maintenance District No. LL-857, to finance certain maintenance, services; and 2 .

Adopt a resolution initiating and declaring the Intention to Order the Annexation of the Shea Aura (Tract 8612) Project to City of Livermore Landscape Maintenance District No. LL-857 (Tract 7610), Montage and call for a public hearing on June 8, 2026, to consider the annexation.

Staff Report

Attachments:

1. Landowners Petition (Signed)

2. Amended Assessment Diagram

3. Annexation No. 1 to the Engineer's Report

4. Resolution

5. Exhibit A - Description of Services

6.6 Resolution authorizing the execution of the First Amendment to the Standard Services Agreement with the Alameda County Social Services Agency to provide Winter Relief Services for people experiencing homelessness in the amount of $332,200.

Recommendation:

Staff recommends that the City Council adopt a resolution:

1 .

Authorizes the City Manager, or her designee, to execute the First Amendment to the Standard Services Agreement for the Winter Relief Services for People Experiencing Homelessness Program with Alameda County, attached hereto as Exhibit A, to extend the term of the agreement through May 31, 2028, increase the amount to $332,200, and to approve any necessary supplemental appropriations to expend the Winter Relief funds;
2 .

Authorizes the City Manager, or her designee, to execute any subsequent amendments to the Standard Services Agreement with the County of Alameda that extend the term of the Standard Services Agreement beyond May 31, 2028, increase the not-to-exceed amount for funds received under the Standard Services Agreement, and approve

Livermore City Council Agenda
April 13, 2026

5 necessary supplemental appropriations to expend the Winter Relief Funds; and 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 attached hereto as Exhibit A.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement

6.7 Alameda County Operational Area Agreement.

Recommendation:

Staff recommends the City Council ratify the Alameda County Operational Area Agreement.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Approved Agreement with Board Letter

6.8 Resolution adopting the updated City’s Mortgage Assistance Program Guidelines and appropriating an additional $200,000 for FY 2025-26 and $200,000 for FY 2026-27 from Fund 203 to support issuance of loans for first-time homebuyers.

Recommendation:

Staff recommends the City Council adopt a resolution approving the updated Mortgage Assistance Program (MAP) Guidelines and appropriating an additional $200,000 for FY 2025- 26 and an additional $200,000 for FY 2026-27 from Fund 203 to support issuance of new loans.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - MAP Guidelines

6.9 Resolution receiving the 2025 Annual Review of Military Equipment Report, determining that the equipment identified in the report complies with applicable standards, and authorizing the City of Livermore Military Equipment Ordinance 2.36.200 to be renewed and remain in effect.

Recommendation:

Staff recommends City Council adopt a resolution:

1. Accepting the 2025 Annual Military Equipment Report;

2. Determining that the equipment identified in the report complies with the City’s policy and the statutory requirements; and

3. Determining that the policy set forth in Livermore Municipal Code section 2.36.200 Military Equipment Policy should be renewed and remain in effect.

Staff Report

Attachments:

1. LPD Military Equipment Policy #709

2. Ordinance 2.36.200

Livermore City Council Agenda
April 13, 2026

6 3. Resolution

4. Exhibit A - 2025 Annual Military Equipment Report and Inventory

6.10 Resolution amending the City of Livermore Salary Plan to reflect an MOU adjustment for the Livermore Police Officers Association and Retired Annuitant – Police Officer classification effective May 4, 2026, incorporate wage related adjustments based on a compensation study and internal alignment for Management Confidential classifications in the City Attorney’s Office effective April 20, 2026, incorporate Police Chief salary increase of 1% effective July 14, 2025, and update the Retired Annuitant Salary schedule effective April 13, 2026 in accordance with the California Code of Regulations, Title 2, Section 570.5.

Recommendation:

Staff recommends the City Council adopt a resolution amending the City of Livermore Salary Plan to reflect an MOU adjustment for the Livermore Police Officers Association and Retired Annuitant – Police Officer classification effective May 4, 2026, incorporate wage related adjustments based on a compensation study and internal alignment for Management Confidential classifications in the City Attorney’s Office effective April 20, 2026, incorporate Police Chief salary increase of 1% effective July 14, 2025, and update the Retired Annuitant Salary schedule effective April 20, 2026 in accordance with the California Code of Regulations, Title 2, Section 570.5.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Salary Plan Dated April-May 2026

7. PUBLIC HEARINGS - NONE

8. MATTERS FOR CONSIDERATION

8.1 Introduce an ordinance and waive the first reading amending Section 2.04.030 Compensation Limits for the Mayor and City Council Members of the Livermore Municipal Code to adjust the monthly compensation for the Mayor and City Council Members consistent with Measure W.

Recommendation:

Staff recommends City Council introduce an ordinance and waive the first reading amending Section 2.04.030 Compensation Limits for the Mayor and City Council Members of the Livermore Municipal Code to adjust the monthly compensation for the Mayor and City Council Members consistent with Measure W.

Staff Report

Attachments:

1. Ordinance

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, April 27, 2026 at 7:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.

Livermore City Council Agenda
April 13, 2026

7 11.

SUPPLEMENTAL MATERIALS

11.1 Supplemental materials received prior to the meeting.

Staff Report

Attachments:

1. Supplemental Materials

11.2 Supplemental materials received at the meeting.

Staff Report

Attachments:

1. Materials received at the meeting

11.3 Supplemental materials received at the meeting.

Staff Report

Attachments:

1. Materials received at the meeting

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 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

Livermore City Council Agenda
April 13, 2026

8 (
[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,

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
Livermore City Council Agenda
April 13, 2026

9 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
April 13, 2026

10 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1

DATE:

April 13, 2026
TO:

Honorable Mayor and City Council
FROM:

Marianna A. Burch, City Manager
SUBJECT:

Proclamation declaring April 19 - April 25 as National Crime Victims' Rights Week, presented to Natalie Hernandez.

RECOMMENDED ACTION

Staff recommends City Council declare April 19 - April 25 as National Crime Victims' Rights Week.

DECISION TYPE
Not Applicable

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation - National Crime Victims' Rights Week

Prepared by: Deborah
Davis
Executive Assistant

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
11 12

CITY COUNCIL STAFF REPORT
ITEM NO. 6.1

DATE:

April 13, 2026
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing execution of an agreement with Barry & Wynn Architects, Inc., in an amount not-to-exceed $318,700 and with a term ending December 31, 2028, to provide final plans, specifications, and engineering services during construction for the Police Building Renovations Project PS202316.

RECOMMENDED ACTION

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an agreement with Barry & Wynn Architects, Inc., in an amount not-to-exceed $318,700 and with a term ending December 31, 2028, to provide design and engineering services during construction for the Police Building Renovations Project PS202316.

DECISION TYPE
Administrative

SUMMARY
The Police Building, constructed approximately 35 years ago, no longer adequately supports the department’s operational needs within its 7,300-square-foot footprint. This renovation project will address identified deficiencies, including inadequate locker and restroom facilities, limited workspace, inefficient layouts, and worn and aged interior finishes.

The project includes renovations to the men’s and women’s locker rooms, traffic room, and upstairs offices, as well as updated flooring, wall and ceiling finishes, window treatments, paint, and furnishings.

Approval of this agreement with Barry & Wynn Architects, Inc., in an amount not-to-exceed $318,700, will allow the City to complete the design for the Police Building Renovations Project PS202316 and provide engineering services during construction.

DISCUSSION
The existing Police Building, constructed more than 35 years ago, no longer meets the operational needs of the department. Since its construction, policing practices, facility requirements, technology, and 13 community expectations have evolved significantly. A field review and comparison with similarly sized police departments identified several deficiencies in the current building including inadequate locker rooms, workspaces, and storage areas; fully utilized office space; and insufficient room for training, interviews, briefings, and staff breaks. In addition, critical adjacencies between divisions cannot be accommodated within the current layout.

This renovation project will reconfigure interior areas to improve functionality and operational efficiency.

Improvements include updated interior finishes such as paint, flooring, ceiling systems, window treatments, and furnishings, as well as renovations to the men’s and women’s locker rooms and the traffic room.

Locker room upgrades are a key component of the project. The renovations will increase the number of women’s lockers to reflect the growing number of women in the department and expand locker capacity for male personnel. Both locker rooms will be modernized with upgraded electrical infrastructure to support current equipment and technology needs.

In early 2025, City staff issued a Request for Qualifications (RFQ) seeking architectural firms to provide services for Capital Improvement Program (CIP) projects. The City received twelve Statements of Qualifications. Following an evaluation by a selection committee, Barry & Wynn Architects, Inc., was ranked as the top-rated firm. Based on this selection, the City Council, on March 25, 2025, approved an On-Call Professional Services Agreement with Barry & Wynn Architects, Inc., (On-Call Agreement) in the amount of $500,000 to provide as-needed architectural services for facility-related capital improvement projects, including building replacements and renovations.

To expedite the Police Building Renovations Project (PS202316), staff issued a task order under the On- Call Agreement in the amount of $188,020 to prepare design documents through the 40% design development level. That phase of work is now substantially complete.

Barry & Wynn Architects Inc., has consistently demonstrated strong technical expertise, responsiveness, and familiarity with the City’s standards and project requirements. Therefore, staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement, in the amount of $318,700, with Barry & Wynn Architects, Inc., for final design and engineering services during construction support for the project. The agreement covers project management, permitting support, design, bid phase services, construction phase services and project close out.

The agreement amount of $318,700 combined with the $188,020 on-call agreement task order totals $506,720. This total of $506,720 for full architectural services represents approximately 8.8% of the estimated $5,785,000 construction cost. By comparison, full architectural design services for similar projects often range between 15% and 20% of construction costs.

FISCAL AND ADMINISTRATIVE IMPACTS

The budget for Police Building Renovations Project PS202316 in the current 2025-30 Capital Improvement Plan covers the cost of this agreement and other project costs including construction, change orders, construction management, project management, and materials testing. No additional appropriations are required to complete the project at this time. Project funding comes from the CIP Reserves - Facilities Fund (Fund 101).
14 COMMUNITY PILLAR

5: A City That Works

GOAL

10: Foster a culture of safety, well-being, and resilience across the organization.

ATTACHMENTS

1. Location Map

2. Resolution

3. Exhibit A - Barry & Wynn Architects, Inc., Agreement

Prepared by: Nidhi Thanki
Assistant Engineer

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
15 AREA OF WORK ATPOLICE DEPT BUILDIN.SEE SHT. XX FORFLOOR PLAN

LIVEMOREPOLICEDEPARTMENT
(E) PARKING

CITY OFLIVERMORE CITYHALL
S. LIVEMORE AVENUE

PACIFIC AVENUE
(E) PARKING
(NOT IN SCOPE OF WORK)(E) PARKING(E) PARKING

LOCATION MAP

CITY OF LIVERMORE POLICE DEPARTMENT
1110 S. LIVERMORE AVE, LIVERMORE CA 94550
11 / 28 / 2025

LIVERMORE POLICE

DEPARTMENT
ATTACHMENT 1
16 1 RESOLUTION NO. ____

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH BARRY AND WYNN ARCHITECTS, INC., IN AN
AMOUNT NOT-TO-EXCEED $318,700 AND A TERM ENDING
DECEMBER 31, 2028, TO PROVIDE FINAL PLANS, SPECIFICATIONS,

AND ENGINEERING SERVICES DURING CONSTRUCTION

(POLICE BUILDING RENOVATIONS PROJECT PS202316)

The Police Building, constructed approximately 35 years ago, no longer adequately supports the department’s operational needs within its 7,300-square-foot footprint. The renovation will address identified deficiencies, including inadequate locker and restroom facilities, limited workspace, inefficient layouts, and worn and aged interior finishes. The project includes renovations to the men’s and women’s locker rooms, the traffic room, and the upstairs offices, as well as updated flooring; wall and ceiling finishes; window treatments; paint; and furnishings.

This agreement with Barry & Wynn Architects, Inc., in an amount not to exceed $318,700, provides design and engineering services during construction support for the project and includes project management, permitting support, design, bid phase services, construction phase services and project close out.

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

1. Authorizes the City Manager to execute an agreement with Barry & Wynn Architects, Inc. , attached hereto as Exhibit A, in an amount not -to-exceed $318,700 and a term ending December 31, 2028, to provide design and construction support services for the Police Building Renovations Project PS202316.

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

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on April 13, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

17 2 RESOLUTION NO. ____
ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Tara Mazzanti_____________ _____ Helena Graves Tara Mazzanti
Acting Assistant City Clerk Senior Assistant City Attorney

Exhibit A – Barry & Wynn Architects, Inc., Agreement
18 25-0920

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 Barry & Wynn Architects, Inc (“Consultant”), a(n) California Corporation.

RECITALS
City requires professional services to provide design services for Capital Improvement Project PS202316, Police Building Renovations Project, which includes interior renovations at the Livermore Police Department building located at 1110 S.

Livermore Avenue, Livermore, California.

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

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

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

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

Consultant is and shall at all times remain as to City a wholly independent contractor during the term of this Agreement.
(b) Consultant and its personnel performing the Services on behalf of Consultant are not City 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: 1B9A817F-4C82-4000-A597-C41DEFC41C5A

EXHIBIT A

19 (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 Rosy Ehlert (“Project Manager”), or such other person designated as the Project Manager by City;
(b) At all times faithfully, competently, and diligently perform the Services to the best of its ability, experience, and talent in a courteous manner to the highest industry standards when performing the Services required hereunder. For the purposes of this Agreement the phrase “highest industry standards” means those professional standards recognized by one or more professional consultants performing similar Services under similar circumstances within City’s region;
(c) Provide the resources and assign competent Consultant personnel necessary to complete the Services in a timely manner;
(d) Immediately remove and replace, without any cost to City, any member of Consultant’s personnel providing the Services to City, in its sole discretion and at any time during this Agreement , directs Consultant to remove and replace, and City agrees to advise Consultant of the reason for the direction for the removal and replacement; (e) Provide all facilities, goods, materials, and equipment that may be necessary for Consultant’s personnel to provide the Services. City may furnish physical facilities such as desks, filing cabinets, and conference space that may be reasonably necessary for Consultant’s use for the Services, but in no event shall City be required to furnish any facilities that involve incurring a direct expense such as computer, software, long-distance telephone or other communication charges, vehicles, or document reproduction facilities;
(f) Obtain and keep in effect during the term of this Agreement all necessary licenses, permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services , including obtaining a business license from the City of Livermore, and keep them all in effect for the term of this Agreement;
Docusign Envelope ID: 1B9A817F-4C82-4000-A597-C41DEFC41C5A

EXHIBIT A

20 (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 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; Docusign Envelope ID: 1B9A817F-4C82-4000-A597-C41DEFC41C5A

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21 (o) Comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA, when providing the Services; and,
(p) If applicable, Consultant shall ensure that all work for compensation is provided in compliance with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages.

5. Term. The term of this Agreement commences on April 13, 2026, and terminates upon the completion of the Services or December 31, 2028, 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 delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with and subject to Section 7.

7. Compensation and Payment.
(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $318,700 ("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.

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22 (e) City shall pay Consultant via the Automated Clearing House or as otherwise instructed by Consultant pursuant to Section 4(g) above.

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

9. Intellectual Property, Copyright, and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly 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 shall not disclose any confidential or proprietary information received from City to anyone except Consultant’s personnel who require access to the information to perform the Services. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are returned to City or confirmed destroyed in a manner satisfactory to City.

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

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23 (b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e)

12. Insurance. Without limiting Consultant’s indemnification of the Indemnified Parties, Consultant shall procure and maintain at its own expense during the term of this Agreement policies of insurance in the amounts and under the terms set forth in Exhibit C Insurance Requirements 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 r estricts City’s authority in Section 6 to terminate this Agreement.

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

15. Acceptance of Work. City’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy , completeness, or competency of the 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 represents that no City employee or official has a financial interest in Consultant. Consultant shall not offer, encourage, or accept any financial interest in any part of Consultant's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party, Consultant represents that it has not performed any work for that private party during the twelve-month period prior to the execution of this Agreement, and that it shall not negotiate, offer, or accept any contract for services from that party during the term of this Agreement.

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24 17. E conomic 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.

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 A ct Disclosure Statement that can be obtained from the City Clerk.

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

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

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

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

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

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

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

26. Non-Discrimination. In performance of the Services, Consultant agrees that it will not engage in discrimination in employment of persons because of such person’s race, color, religion, sex/gender, gender identity/expression, sexual orientation, marital status, medical condition, military or veteran status, national origin, ancestry, disability, genetic information, age, or any protected classification when providing the Services. Consultant further agrees to comply with all provisions of Title VI of the 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.

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26 (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.

29. 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: Rosy Ehlert

City of Livermore / Community Development
1052 South Livermore Avenue
Livermore, CA, 94550
[email protected]

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

TO CONSULTANT: Attention: Steve Wynn
Barry & Wynn Architects, Inc
379 Hartz Avenue
Danville, CA, 94526
United States
Email: [email protected]

30. 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.

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27 31. S everability. 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, conditions, and obligations in Sections 2, 8 through 11, 23, 24, 30, and 31 through 33 shall survive the completion or termination of this Agreement.

33. 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.

34. 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.

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 Exhibit List on the Next Page
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28 I n concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date set forth in the first paragraph of this Agreement, which is the date that this Agreement was signed on behalf of City after it was signed by Consultant.

CO
NSULTANT: Dated:
______
______________________ ___________________________
Steve Wynn
Principal
CI
TY OF LIVERMORE: Dated:
______
______________________ ____________________________
Marianna A. Burch
City Manager
APP
ROVED AS TO FORM:
______
________________________________
Deputy/Assistant/Senior Assistant/City Attorney
APP
ROVED AS TO INSURANCE:
______
_____________________
Risk Manager/Analyst
Ex
hibits:

Exhibit A – Scope of Work
Exhibit B – Fee Schedule
Exhibit C – Representative Plans 40%CD
Exhibit D – Insurance Requirements
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29 February 11, 2026

EXHIBIT A
Scope of Work for
City of Livermore, California
Police Building Renovations Project 2023-16
This Scope of Work is prepared for The City of Livermore (Client) by Barry & Wynn Architects, Inc. (Consultant).

Scope of Work:

This Scope of Work is prepared for the City of Livermore under the awarded SOQ for the Police Building Renovations Project 2023-16. Barry & Wynn Architects (B&W), together with its engineering consultants, will provide 60% – 100% Construction Documents (CD), along with 60% – 100% CD construction cost estimate analysis services, Bidding Support Services, and Construction Administration (CA) Support Services for the interior renovations at the Livermore Police Building, as determined by the City. This project is a continuation of the work completed under Task Order No. 2 OCS, titled “DD and 40% CD Police Building Renovations.” Project elements are shown in attached 40% drawings (Exhibit C).

1. Police Building Facility - Various Interior Improvements:

Project Management Scope of Work
The Consultant shall provide comprehensive project management throughout all phases, including:
● Regular project meetings and coordination with City and PD representatives. ● Preparation and distribution of meeting notes.
● Maintenance of an active Action Items Log.
● Preparation of monthly invoices.
● Provision of a detailed expense log with each invoice. 60% Construction Drawings with Cost Estimating Report
● Coordinate, develop, and deliver 60% Construction Drawings and Documents (CDs), including technical specifications for all interior improvement areas and the parking-lot gate system replacement identified and approved during the 60% CD Phase by the City and PD representatives.
● 60% CDs set will include:
○ Building plan with partial enlarged plans detailing each modernization and improvement.
○ Code analysis and path-of-travel/exiting updates for modified areas. ○ References to new office furniture and layouts approved by the City and PD Docusign Envelope ID: 1B9A817F-4C82-4000-A597-C41DEFC41C5A

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30 February 11, 2026
representatives.
○ Reflected ceiling plans for all areas involved in the renovations. ○ General architectural and accessibility details.
○ 60% CD-level mechanical, plumbing, electrical, and structural drawings and documents based on the scope of renovations.
○ 60% CD-level Parking Lot Gate System Replacement.
○ 60% CD-level technical specifications developed by the architectural and engineering teams, consisting of a list of technical specification sections and general content.
○ Construction Cost Estimate Reports to be reviewed and approved by the City and PD during the 60% CD phase.
○ Submittal Workshop: Provide a submittal workshop with City staff after the delivery of 60% documents.
○ Initial CASp Inspections and reporting limited to only the following specific areas: 1) Kitchen, and 2) Locker Rooms.
90% Construction Drawings with Cost Estimating Report
● Coordinate, develop, and deliver 90% Construction Drawings and Documents (CDs), including technical specifications for all interior improvement areas and the parking-lot gate system replacement identified and approved during the 60% CD Phase by the City and PD representatives.
● 90% CDs set will include:
○ Building plan with partial enlarged plans detailing each modernization and improvement, including all applicable dimensions, keynotes, and detail references.
○ Code analysis and path-of-travel/exiting updates for modified areas. ○ References to new office furniture and layouts approved by the City and PD representatives – also incorporated into the technical specifications. ○ Interior Finishes, Door, and Window Schedules.
○ Interior Elevations with reference keynotes and details. ○ Final reflected ceiling plans for all areas involved in the renovations. ○ General architectural and accessibility details.
○ 90% CD-phase mechanical, plumbing, electrical, and structural drawings and documents based on the scope of renovations.
○ 90% CD-level technical specifications developed by the architectural and engineering teams, consisting of a list of specification sections and general content.
○ 90% CD-level Parking Lot Gate System Replacement – including operations and communication systems.
○ Construction Cost Estimate Report for the 90% CD phase.

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○ Sole Source Identification: Identify any sole source items at the 90% phase for City Council approval.
○ Coordination and submittal of updated construction drawings and technical specifications to the City and PD for review and approval prior to proceeding to the final 100% CD phase.
○ Submittal Workshop: Provide a submittal workshop with City staff after the delivery of 90% documents.
100% Construction Drawings with Cost Estimating Report
● Coordinate, develop, and deliver 100% Construction Drawings and Documents (CDs), including technical specifications for all interior improvement areas identified, along with the final parking-lot gate replacement approved in the CD Phase by the City and PD representatives.
● 100% CDs set will include:
○ Building plan with partial enlarged plans detailing each modernization and improvement, including applicable dimensions, keynotes, and reference details.
○ Code analysis and path-of-travel/exiting updates for modified areas. ○ References to new office furniture and layouts approved by the City and PD representatives.
○ Final reflected ceiling plans for all areas involved in the renovations, with reference to mechanical and electrical systems.
○ General architectural and accessibility details.
○ 100% CD-phase mechanical, plumbing, electrical, and structural drawings and documents based on the scope of renovations.
○ 100% CD-level Parking Lot Gate System Replacement – including operations and communication systems.
○ 100% CD-level technical specifications developed by the architectural and engineering teams, consisting of a list of technical specification sections and general content.
○ Final Construction Cost Estimate Report to be reviewed and approved by the City and PD.
○ Coordination and submittal of final construction drawings and technical specifications to the Building Department for review and building-permit approval.
○ Final 100% Package Additional Items:
■ List of long lead items (more than 3-month lead time). ■ Construction duration schedule.
■ Overall project submittals list.
■ List of specialty inspections and testing requirements.

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■ List of special licenses, certificates, or qualifications required by specifications.
■ List of spare parts and items requiring O&M manuals.
■ List of warranties greater than one year.
■ ACAD files of the final set.
■ CASp review and sign-off of plans.

Pre-Bid, Bidding, and Construction Administration Phase ● Coordinate with City and PD representatives to review permit-approved plans, technical specifications, and cost estimates to align with the allocated budget. ● Review and update documents as necessary if value-engineering adjustments are required.
● Coordinate with City and PD representatives to prepare conformed documents for public bidding.
● Assist during the bidding phase by responding to RFIs and updating drawings/specifications.
● Attend pre-bid meetings and construction meetings as needed. ● Provide conformed drawings and specs that incorporate any addendums issued during the bid period.
● Assist the City and PD with the review and selection of the lowest responsive and responsible bid proposal.
● Provide construction-phase support, including:
○ Review of RFIs and submittals.
○ Pre-construction site meeting.
○ Site visits during construction to observe conditions and review contractor issues.
○ Attend weekly or bi-weekly construction meetings (virtual and/or onsite) to review and respond to construction progress, issues, clarifications, phasing, etc.
○ Support price quote requests.
○ Issue design clarifications.
○ CASp Support: Conduct CASp inspections, punch list creation, reinspections, and final CASp inspection after construction revisions are completed. Provide final CASp certification. Note: CASp inspections and report are limited to only the following areas: 1) Kitchen, and 2) Locker Rooms.
● Coordinate with the City and PD to assist with the installation of temporary shower and locker-room trailers (provided and managed by Contractor). ● Project Close-Out: Compile and submit a conformed set of record drawings and Docusign Envelope ID: 1B9A817F-4C82-4000-A597-C41DEFC41C5A

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technical specifications for City records.

Consultant Response to Comments
The Consultant and its subconsultants will provide written responses to all City review comments. Responses will include a breakdown of potential construction cost impacts, if applicable, and recommendations on how issues can be resolved. City approval of additional costs must be obtained prior to performing related design modifications.

Hazardous Materials Coordination
The Consultant shall coordinate with the City regarding potential testing of demolition items for hazardous materials. If testing is required, Consultant will coordinate with the City’s testing firm (e.g., BSK) to incorporate hazardous materials specifications into the final bid package.

Deliverables:

1. Construction Drawings & Documents (CD Phase) with Cost Estimate Reports (at 60%, 90%, and Final 100% CD milestones).

2. Permit set and supplemental documents for Building Department approval.

3. Pre-bid conformed permit-approved drawing set and technical specifications.

4. CASp Certification: Including inspections of selected areas of new work (Kitchen and Locker Rooms only). Final drawings shall be signed by the CASp Inspector certifying these select areas meet accessibility requirements.

5. Final Conformed Drawings (including ACAD files) and Technical Specification documents submitted to the City at Project Close-Out Phase.

As-Directed Services
Consultant shall provide as-directed services to the City. A budget allowance of $35,000 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. As-Directed Services could include any of the following:
• Additional rooms
• Additional outlets
• Additional finishes
• Unforeseen conditions
• Gate equipment/remote systems
• Renderings
• Specific coordination with manufacturers
Proposed Budget
The proposed budget to perform the Scope of Services described above is a not-to-exceed amount of <$318,700>, billed on a monthly basis. Monthly invoices will contain a list of all Docusign Envelope ID: 1B9A817F-4C82-4000-A597-C41DEFC41C5A

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34 February 11, 2026
hours spent on the project, hourly rates, and a detailed expense log. The budget is outlined in Exhibit A - Table 1 and will not be exceeded without prior written authorization from the City.

For reference to Professional Service Rates see Exhibit B documents.

Proposed Schedule
Project Continuation of CD Phase (60%) Start Date: One business day after Notice to Proceed.

Target 100% CD Delivery: 10 Weeks after Notice to Proceed

Phase 1: 60% Construction Drawings and Cost Estimate
Duration: 4 weeks
○ Submit 60% CD documents for City/PD review.

Breakdown: (3 weeks) Begin 60% CD documentation
○ Update building plans, enlarged plans, RCPs, and accessibility details to the 60% CD level.
○ Integrate 60% CD MEP/structural drawings, details, and technical specifications into the set.
○ Update technical specification sections and table of contents. ○ Submit 60% CD documents to the City and PD for review. ○ Begin preparations for Building Department coordination and permit-submittal process. (1 week): Coordination and review of 60% CD documents and draft cost estimate with City and PD stakeholders (QA/QC)
Deliverables:
○ 60% CD Drawings & Documents (PDF)
○ 60% CD Technical Specification Sections (draft)
○ 60% CD Phase Construction Cost Estimate
Phase 2: 90% Construction Drawings and Cost Estimate
Duration: 4 weeks
Breakdown: (3 weeks) Begin 90% CD documentation
○ Finalize building plans, enlarged plans, RCPs, and accessibility details to the 90% CD level.
○ Integrate 90% CD MEP/structural drawings, details, and technical specifications into the set.

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○ Update technical specification sections and develop the 90% CD Technical Specification Manual.
○ Coordinate with the City to incorporate Divisions 00 and 01 into the manual specification set.
○ Submit 90% CD documents to the City and PD for final review. ○ Prepare updated 90% CD drawings and documents for submittal to the Building Department at the end of the 90% CD Phase for final coordination and permit-submittal process.
(1 week): Coordination and review of 90% CD documents and draft cost estimate with City and PD stakeholders (QA/QC)
Deliverables:
○ 90% CD Drawings & Documents (PDF)
○ 90% CD Technical Specification Sections (PDF)
○ 90% CD Phase Construction Cost Estimate (PDF)
○ Submittal package for Building Department review (PDF) and hard copies if required by the City of Livermore Building Department, along with required applications.

Phase 3: 100% Construction Drawings and Cost Estimate
Duration: 2 weeks
○ Incorporate City/PD and Building Dept comments into final documents.

Breakdown: (1 weeks) Completing Set into 100% CD documentation ○ Incorporate City/PD comments and any applicable Building Department feedback into final documents.
○ Coordinate with consultants to address City and plan-check comments. ○ Update the Manual Specification Set and incorporate all latest revisions prior to the bidding phase.
○ Submit 100% CD documents, including technical specifications and final cost estimate, to the City and PD for final review and records.
○ Coordinate with the Building Department to obtain permit approval (1 week): Coordination and Review of 100% CD along with draft cost estimate with City and PD stakeholders. QA/QC
Deliverables:
○ 100% CD Drawings & Documents (PDF)
○ 100% CD Technical Specification Sections (PDF)
Docusign Envelope ID: 1B9A817F-4C82-4000-A597-C41DEFC41C5A

EXHIBIT A

36 February 11, 2026
○ 100% CD Phase Construction Cost Estimate (PDF)
○ Building permit coordination and approval package
Summary of Key Milestones
● 60% CD Plans & Cost Estimate Report: 4 Weeks from Notice to Proceed ● 90% CD Plans & Cost Estimate Report: 8 Weeks from Notice to Proceed ● Final 100% CD Delivery to City: 10 Weeks from Notice to Proceed Docusign Envelope ID: 1B9A817F-4C82-4000-A597-C41DEFC41C5A

EXHIBIT A

37 February 11, 2026
EXHIBIT B - TABLE 1
Consultant Task Scope Description Hours Budget
Barry & Wynn
Architects
1 Project Management, Coordination w/ City and
Consultants
100 $19,500
2 60% Construction Document – Main Building &
Layouts
80 $15,500
3 60% Construction Documents – Interior Finishes &
Furniture
40 $8,000
4 90% Construction Document – Main Building &
Layouts
65 $12,500
5 90% Construction Documents – Interior Finishes &
Furniture
40 $8,000
6 100% Construction Documents – Main Building &
Layouts
40 $8,000
7 100% Construction Documents – Interior Finishes &
Furniture
30 $7,000
8 Building Permitting Process & City Coordination 45 $8,500 9 Bidding Phase: RFIs & Plan Updates 60 $11,500
10 Construction Administration Support Services 350 $77,900 11 Post Construction: Closing & Documents & Record
Set
60 $11,500
Subtotal B&W 830 $187,900
Turley Engineers
12 Mechanical Design Services 45 $8,000
13 Plumbing Design Services 30 $6,400
14 Bidding Support Services 10 $2,000
Docusign Envelope ID: 1B9A817F-4C82-4000-A597-C41DEFC41C5A

EXHIBIT A

38 February 11, 2026
15 Construction Administration Support Services 16 $3,000 Subtotal Turley Engineers 101 $19,400
Capitol Design 16 Electrical Design Services 50 $9,500
17 Bidding Support Services 10 $2,000
18 Construction Administration Support Services 20 $3,000 Subtotal Capitol Design 80 $14,500
PASE Structural
19 Structural Construction Documents 60 $10,500
20 Bidding Support Services 15 $3,000
21 Construction Administration Support Services 30 $5,500 Subtotal PASE Structural 105 $19,000
CASp
Accessibility
22 Construction Documents – Accessibility Peer
Review
21 $2,400
23 Construction Administration Support Services 10 $1,100 24 CASp Certification & Final Reporting 30 $3,400
Subtotal CASp Consultant 61 $6,900
Leland Saylor
Assoc.
25 Construction Documents Phase (60% CD Report) 40 $10,500 26 Construction Documents Phase (90%-100% CD
Report)
28 $7,500
27 Pre-Bidding Phase 20 $6,000
Subtotal Leland Saylor Assoc. 88 $24,000
Docusign Envelope ID: 1B9A817F-4C82-4000-A597-C41DEFC41C5A

EXHIBIT A

39 February 11, 2026
Technical Specs
28 60% Construction Documents Phase 25 $5,500
29 90%-100% Construction Document Phase 20 $5,000
Subtotal Technical Specs 45 $10,500
Subconsultant Main Total 480 $94,300

Main Subtotal $282,200
Reimbursable Allowance $1,500
As-Directed Services $35,000
Total (Not to Exceed) $318,700
As-Directed Services Note: This allowance covers items such as additional rooms, outlets, finishes, unforeseen conditions, gate equipment/remote systems, rendering, or specific coordination with manufacturers as requested by the City.

Docusign Envelope ID: 1B9A817F-4C82-4000-A597-C41DEFC41C5A

EXHIBIT A

40 February 11, 2026

EXHIBIT B
FEE SCHEDULE for
BARRY & WYNN ARCHITECTS, Inc.

HOURLY RATE SCHEDULE FOR PROFESSIONAL SERVICES
(Effective January 1st, 2025 through December 31, 2028)

Classification
Rate ( $ / hr)
2025 2026 2027 2028
Principal $280 $290 $300 $310
Staff Architect $205 $215 $225 $235
Senior Project
Manager
$205 $215 $225 $235
CAD Drafting $150 $155 $160 $165
Administrator $110 $115 $120 $125

EXPENSES SCHEDULE

1. All outside expenses (Delivery, Reproduction, Mileage, Travel) billed at actual Cost plus 15%.

2. All Subconsultant fees billed at actual cost (no markup).

Docusign Envelope ID: 1B9A817F-4C82-4000-A597-C41DEFC41C5A

EXHIBIT A

41 February 11, 2026

EXHIBIT C

REPRESENTATIVE PLANS
at 40% COMPLETION by
BARRY & WYNN ARCHITECTS, Inc.

Docusign Envelope ID: 1B9A817F-4C82-4000-A597-C41DEFC41C5A

EXHIBIT A

42 CITY OF

VICINITY MAP

PROJECT ROSTER
OWNER
City of Livermore
1052 S. Livermore Ave.

Livermore, CA 94550
(925) 960-4500
email: [email protected]
Contact Person: Rosy Ehlert

ARCHITECT
Barry & Wynn Architects, Inc.
379 Hartz Avenue
Danville, CA 94526
(925) 837-1422
email: [email protected]
Contact Person: Steve Wynn

STRUCTURAL ENGINEER
PASE
2633 Camino Ramon Suite 500
San Ramon, CA 94583
(408) 957-9220 x189 (office)
email: [email protected]
Contact Person: Jeff Finn

MECHANICAL & PLUMBING ENGINEER
Turley & Associates
Mechanical Engineering Group, Inc.
1760 Creekside Oaks Drive Suite 120
Sacramento, CA 95833
(916) 325-1065 (office)
email: [email protected]
Contact Person: Nirav Shah
ELECTRICAL ENGINEER:

Capitol City Design Inc.
1751 Cebrian Street
West Sacramento,Ca 95691
(916) 375-0135 x219 (office)
email: [email protected]
Contact Person: Edward Evans

PROJECT LOCATION

NOT TO SCALE
3O/IC( '(3T %8I/'I1* 5(1O9$TIO16
CITY 35O-(CT 180%(5 

PROJECT DATA
PROJECT ADDRESS:CITY OF LIVERMORE POLICE DEPARTMENT
1110 S LIVERMORE AVE
LIVERMORE, CA 94550
JURISDICTION:CITY OF LIVERMORE
OCCUPANCY:B1 / B2
(E) BUILDING AREA:BUILDING 'A' - MAIN BUILDING
B2 - 51,090 S.F.

B1 - 1,750 S.F.

CONSTRUCTION TYPE:Type II N @ B1 & B2
FIRE SUPPRESSION:EXISTING FIRE SPRINKLER SYSTEM
BUILDING LOCATION:40 FT. MIN. SEPARATION FROM OTHER

BUILDINGS ALL SIDES
GENERAL NOTES:

1. ALL CONSTRUCTION SHALL CONFORM TO THE PROJECT SPECIFICATIONS FOR THIS

PROJECT AND ALL APPLICABLE CITY OF LIVERMORE STANDARD SPECIFICATIONS AND DETAILS.

2. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR WORKING CONDITIONS ON THE JOB SITE AND THE SAFETY OF ALL PERSONS AND PROPERTY AT ALL TIMES. THE

CONTRACTOR SHALL PROVIDE ADEQUATE BARRICADES, TRAFFIC CONTROLS, SHORING

AND GUYS IN ACCORDANCE WITH ALL NATIONAL AND STATE SPECIFICATIONS, AND LOCAL SAFETY ORDINANCES.

3. WASTEWATER GENERATED DURING CONSTRUCTION SHALL NOT BE DISCHARGED TO THE STORM DRAIN SYSTEM OR EXISTING WATERWAYS. THIS INCLUDES WASTE FROM PAINTING, SAWCUTTING, CONCRETE WORK, ETC. THE CONTRACTOR SHALL MAKE

ARRANGEMENTS TO ELIMINATE DISCHARGES TO THE STORM DRAIN SYSTEM/WATERWAYS AND PROVIDE AN AREA FOR ON-SITE WASHING ACTIVITIES DURING CONSTRUCTION.

4. THE CONTRACTOR AND ALL SUBCONTRACTORS SHALL OBTAIN A BUSINESS LICENSE FROM THE CITY OF LIVERMORE PRIOR TO BEGINNING ANY CONSTRUCTION.

5. IN THE EVENT OF ANY CONFLICT OF INFORMATION SHOWN IN THESE PLANS, OR ANY

CONFLICT BETWEEN THESE PLANS AND THE INTENT OF CONSISTENT AND FUNCTIONAL

FACILITIES, OR SHOULD THERE BE ANY AMBIGUITIES, THE CONTRACTOR SHALL NOTIFY THE ENGINEER IN WRITING PRIOR TO CONTINUANCE OF WORK. IF CONTRACTOR

PROCEEDS PRIOR TO CITY WRITTEN RESPONSE TO NOTIFICATION THE CONTRACTOR

SHALL BEAR FULL COST AND RESPONSIBILITY FOR WORK AFFECTED BY SUCH CONFLICTS AND AMBIGUITIES PERFORMED BY THE CONTRACTOR.

6. CONTRACTOR SHALL EXERCISE ALL NECESSARY CAUTION TO AVOID DAMAGE TO ANY EXISTING PUBLIC OR PRIVATE FACILITIES WHICH ARE TO REMAIN IN PLACE. CONTRACTOR SHALL BEAR FULL RESPONSIBILITY FOR ANY DAMAGES.

7. EXISTING UTILITY LINES ARE SHOWN FOR INFORMATION ONLY AND NO WARRANTY IS

GIVEN TO THE ACCURACY OF EXISTING UTILITY INFORMATION AS BASED UPON INFORMATION PROVIDED BY THE UTILITY OWNERS. SERVICE CONNECTIONS (WATER,

SEWER, ELECTRICAL, GAS, TELEPHONE, TELEVISION, STORM DRAIN) TO CITY BUILDINGS ARE NOT SHOWN. CONTRACTOR IS RESPONSIBLE FOR THE VERIFICATIONS OF ALL

EXISTING UTILITIES IN THE FIELD AND SHALL CONDUCT NECESSARY POTHOLE

OPERATIONS TO IDENTIFY UNDERGROUND UTILITIES IN ADVANCE OF TRENCHING,

EXERCISING ALL NECESSARY CAUTION TO AVOID DAMAGE TO ANY EXISTING UTILITY LINE

OR FACILITIES THAT ARE TO REMAIN IN PLACE, WHETHER OR NOT SUCH LINES OR

FACILITIES ARE SHOWN ON THESE PLANS, AND SHALL BEAR FULL RESPONSIBILITY FOR ANY DAMAGES.

8. THE GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTING THE AREAS OF WORK FROM THE WEATHER DURING CONSTRUCTION. IF CONTRACTOR IS NOT ABLE TO

BEGIN CONSTRUCTION DUE TO WEATHER CONDITIONS, CONTRACTOR SHALL PROVIDE

TEMPORARY MEASURES TO WEATHERPROOF AREAS OF ROOFS WHICH ARE LEAKING UNTIL CONSTRUCTION IS POSSIBLE.

9. THE GENERAL CONTRACTOR IS REQUIRED TO PROVIDE FIRE MONITORING OF THE

WORKSPACE AND ANY ADJACENT AREAS THAT ARE AFFECTED WHEN FIRE SUPPRESSION SYSTEM IS DEACTIVATED DURING CONSTRUCTION AT NOT ADDITIONAL COST TO THE CITY.

10. THE GENERAL CONTRACTOR IS RESPONSIBLE TO COORDINATE WITH THE POLICE

DEPARTMENT FACILITY MANAGEMENT FOR BACKGROUND CHECK PROCESS FOR ALL

CONTRACTOR(S) AND SUBCONTRACTOR(S) THAT WILL NEED ACCESS INTO THE POLICE FACILITY AND CITY HALL. IDENTIFICATION FROM ALL WORKERS / SUBS TO BE INVOLVED IN THE PROJECT. BACKGROUND CHECK PROCESS WILL INCLUDE TO BE FINGERPRINTED.

IDENTIFICATION DOCUMENTS AND BACKGROUND CHECK SHOULD BE SUBMITTED AND PROCESSED AT LEAST (2) WEEKS PRIOR TO HAVING ACCESS TO THE SITE AND PERFORMING ANY WORK. ALL COSTS FOR THE BACKGROUND CHECK SUBMITTAL PROCESS WILL BE PAID FOR BY CITY.

PLANS AND SPECIFICATIONS:

PREPARED UNDER THE DIRECTION OF:

DATE:

STEVEN D. WYNN, AIA ARCHITECT, LICENSE NO. C27226
APPROVED BY CITY OF LIVERMORE:

JOEL WAXDECK, CITY ENGINEER, CITY OF LIVERMORE
RECOMMENDED FOR APPROVAL BY:

JASON CALKINS, PUBLIC WORKS SUPERVISOR SCOPE OF WORK
CONTRACTOR'S LICENSE CLASSIFICATION:

IN ACCORDANCE WITH THE PROVISIONS OF CALIFORNIA PUBLIC CONTRACT CODE SECTION 3300, THE CITY OF LIVERMORE HAS DETERMINED AT THE TIME OF BID

OPENING AND FOR THE DURATION OF THE PROJECT, CONTRACTOR SHALL POSSESS A VALID CALIFORNIA CONTRACTOR'S LICENSE FOR THE FOLLOWING CLASSIFICATION(S): CLASS 'B' CONTRACTOR'S LICENSE (SEE ALSO, INSTRUCTIONS FOR BIDDERS, SECTION 4, LICENSES AND DIR REGISTRATION.)

IN ADDITION, AT THE TIME OF BID OPENING AND FOR THE DURATION OF THE PROJECT, THE CONTRACTOR OR HIS SUBCONTRACTORS SHALL POSSESS A VALID CALIFORNIA CONTRACTOR'S LICENSE FOR THE FOLLOWING CLASSIFICATION(S): CLASS C36 CONTRACTOR'S LICENSE FOR THE PLUMBING SUBCONTRACTOR AND BOTH CLASS C4 AND C20 LICENSES FOR THE MECHANICAL SUBCONTRACTOR.

A BID SUBMITTED BY A BIDDER THAT DOES NOT POSSESS ANY OF THESE LICENSES AT BID OPENING MAY RENDER THE BID NON-RESPONSIVE, BARRING AWARD OF THE CONTRACT TO THAT BIDDER.

THIS PROJECT CONSISTS OF THE REPLACEMENT AND UPGRADES OF VARIOUS COMPONENTS OF THE POLICE DEPARTMENT'S INTERIOR SPACES INCLUDING BUT NOT LIMITED TO:

O RECONFIGURATION OF SHOWERS AND LOCKER ROOMS FOR MEN AND WOMEN, INCLUDING NEW LOCKER UNITS WITH INDIVIDUAL POWER SOURCES, NEW LIGHT FIXTURES, MECHANICAL/EXHAUST SYSTEM UPGRADES, INTERIOR FINISHES, AND NEW PLUMBING FIXTURES.

O RECONFIGURATION OF THE KITCHEN/ BREAKROOM, INCLUDING REVISED COUNTER LAYOUT AND CABINETRY, REPLACEMENT OF APPLICABLE APPLIANCES, NEW LIGHTING, NEW FLOORING, NEW ICE MAKER, AND REPLACEMENT OR REPAIR OF PARTIAL CEILING TILES.

O RECONFIGURATION OF THE SERGEANT AND LIEUTENANT OFFICES - NEW DESKS LAYOUT AND INCREASING THE NUMBER OF WORKSTATIONS, AND NEW

FINISHES

O CONVERSION OF THE EXISTING RECORDS/STORAGE ROOM INTO THE NEW RELOCATED TRAFFIC DEPARTMENT OFFICE, INCLUDING NEW WORKSTATIONS, FURNITURE, FINISHES, LIGHTING, HVAC UPGRADES, AND A NEW COFFEE/KITCHENETTE AREA w/ SINK.

O RECONFIGURATION OF THE UPPER-LEVEL TRAFFIC DEPARTMENT OFFICE INTO A NEW OPEN OFFICE AREA, INCLUDING NEW WORKSTATIONS, OFFICE

FURNITURE, INTERIOR FINISHES, UPDATED LIGHTING, HVAC RECONFIGURATION, A MODIFIED STORAGE CLOSET, AND UPDATED COFFEE/ KITCHENETTE AREA.

O INSTALLATION OF NEW MOTORIZED WINDOW SHADES AT MAIN HALLWAY STOREFRONT WINDOWS FACING THE CENTRAL OUTDOOR COURTYARD.

O MODIFICATIONS TO THE MAIN-LEVEL RECEPTION AREA AT THE SECURED SIDE, INCLUDING NEW OFFICE FURNITURE AND INTERIOR FINISHES.

O REPLACEMENT OF RUBBER FLOORING IN THE MAIN-LEVEL COMMON HALLWAYS AND STAIRCASE, AND INSTALLATION OF NEW VINYL-PROTECTED WAINSCOT WALL COVERINGS - INCLUDING NEW WALL PAINTING AND REPLACEMENT OF GLUED CEILING TILES.

O INTERIOR MODIFICATIONS TO THE UPPER-LEVEL INDIVIDUAL AND OPEN OFFICES (NORTH-FACING), INCLUDING NEW INTERIOR FINISHES AND OFFICE FURNITURE.

O RENOVATION OF THE INTERIOR ATRIUM AREA NEAR THE ELEVATOR (MAIN AND UPPER LEVELS), INCLUDING REMOVAL OF ARTIFICIAL PLANTS/PLANTER AND CONVERSION INTO NEW DECORATIVE FEATURES.

O UPGRADES TO THE INVESTIGATION DEPARTMENT OPEN OFFICE AREA, INCLUDING NEW WORKSTATIONS, DIVIDERS, OFFICE FURNITURE, LIGHTING REPLACEMENT, INTERIOR FINISHES, AND HVAC IMPROVEMENTS.

O MODIFICATIONS TO THE UPPER-LEVEL OPEN ADMINISTRATION OFFICE SPACE (OVERLOOKING THE LOBBY), INCLUDING INSTALLATION OF A NEW GLASS \ DIVIDER TO IMPROVE ACOUSTIC PRIVACY.

O ALL WINDOWS ARE THE UPPER LEVEL TO RECEIVE NEW MANUAL WINDOW SHADES.

O COMPLETE REPLACEMENT OF STAFF PARKING LOT MOTORIZED GATES AT BOTH LOCATIONS - NEW GATES, OPERATOR MOTORS, ACCESS CONTROL AND

SENSORS
JANUARY 6
CODES IN EFFECT:
·2025 California Building Code (CBC)
·2025 California Electrical Code (CEC)
·2025 California Mechanical Code (CMC)
·2025 California Plumbing Code (CPC)
·2025 California Fire Code (CFC)
·2025 California Energy Code (CEnC)
·2025 California Green Building Code (CGBC)
·City of Livermore Municipal Code

A L I F O R N I AC
City Project No. 2023-16

CITY OF

POLICE DEPARTMENT BUILDING

A L I F O R N I AC

CITY OF LIVERMORE

POLICE DEPARTMENT BUILDING RENOVATIONS

06.02.25 COVER SHEET
NONE
1 T1.0
EXHIBIT 'C':

REPRESENTATIVE PLANS
40% CD COMPLETION
Docusign Envelope ID: 1B9A817F-4C82-4000-A597-C41DEFC41C5A

EXHIBIT A

43 10
10 9
9 8 7
7 6
6 5
5 4
4 3
3 2
2 1.4

1.4 1
1 8.2

8.2 A
A.7
B
B.7
C
C.7
D
A
A.7
B
B.7
C
C.7
D
G
H
J
K
G
H
J
K
MEN'S
SHOWER

WOMEN'S
SHOWER

EVIDENCE

STORAGE

VEHICLE

SALLYPORT
STAFF
LOUNGE
LOBBY

CORRIDOR
1 A6.2
2 A6.2
1 A6.1
1 A6.3
3 A6.2
2 A6.3

FREEZER

KITCHEN

COURTYARD
3 A6.3
1 A6.4
1 & 2
A6.5

OPEN YARD CHILLER RM
BOILER RM.

ENG.

RM
ELECT. RM

DISPATCH
CHIEF

DISPATCH
GARDEN
COURT

DISPATCH
LOUNGE

MAIN LOBBY

WAITING

RECEPTION

WOMEN MEN

INTERVIEW
EOC
PRESS

FINGERPRINT
STO.

MEN
WOMEN

JUVENILE

HOLDING
(NEW) CERAMIC TILES FLOOR FINISH
(NEW) CARPET FLOOR FINISH
(NEW) RUBBER FLOORING FINISH
(NEW) WINDOW COVERING
NEW FLOOR FINISH LEGEND:
(NEW) VCT FLOOR FINISH

NOT INCLUDED IN THE CONTRACT

EVIDENCE
GARAGE #1
SWAT

EQUIPMENT ARMORY

VIRTUAL

TRAINING

COMMON AREA
174
PATROL

EQUIPMENT
172
PROP.

EVID.

SUPVR.
172

EVIDENCE

PROCESSING
PROP. EVID.

PACKAGING
178

PHOTO LAB
180

EVIDENCE
LAB
181
PROP. &
EVID.
177
182
OFFICE
179

WOMEN'S
LOCKER RM.

MEN'S

LOCKER ROOM
151
153

FITNESS
CENTER
148

FITNESS
CENTER
148

IT SUPPORT
IT

STORAGE
ROOM
ELEV.

RM130
129

HORIZON'S
LOBBY

SCHOOL RESERVE
T

COUNSELOR
106

COUNSELOR
107

COUNSELOR
108
119

COUNSELOR
OFFICE
118
RECORD

STORAGE

RECORD/

SCANNING
120134

VOLUNTARY

DESK AREA
PATROL

SARGEANT

LIEUTENANT
OFFICE
PATROL

BRIEFING
133
164
137
REPORT

WRITING
138
RTAC TRAFFIC DEPT.
135
A6.0A

FIRST FLOOR PLAN
City Project No. 2023-16

CITY OF

POLICE DEPARTMENT BUILDING

A L I F O R N I AC

CITY OF LIVERMORE
POLICE DEPARTMENT BUILDING RENOVATIONS 379 Hartz Avenue Danville, CA 94526
(925) 837-1422 (o)
(925) 837-1426 (f)
www.barryandwynn.com

CD SET SUBMITTAL

06.02.25 1/16''=1'-0"

FLOOR PLAN NOTES

1. NEW CONSTRUCTION WITHIN EXISTING SHELL AS SHOWN.

2. WALL METAL STUD SIZE TO BE 3-5/8" (U.O.N.).

3. ALL ANGLES SHALL BE 90 DEG., (U.O.N.)

4. ALL TEMPERED GLASS SHALL BE AFFIXED WITH A PERMANENT LABEL AND ALL SAFETY GLAZING SHALL COMPLY WITH CBC 2406.

5. LABELED SAFETY GLAZING SHALL BE PROVIDED AT THE FOLLOWING LOCATIONS, PER CBC 2406
·ADJACENT TO AND WITHIN 24" RADIUS OF EITHER EDGE OF
DOORS; IN CLOSED POSITION, INCLUDING PERPENDICULAR WALL TOWARD WHICH DOOR SWINGS WHEN OPENED.

6.NOT USED

7. PROVIDE APPROVED FIRESTOP MATERIAL AT PENETRATIONS AS REQUIRED PER CBC 712.

8. PROVIDE BACKING FOR CABINETS AS REQUIRED.

9. ALL NEW DOORS & HARDWARE SHALL MEET ACCESSIBILITY
REQUIREMENTS OF CBC 11B-404.

10. EGRESS DOORS SHALL BE READILY OPENABLE FROM THE EGRESS

SIDE WITHOUT THE USE OF A KEY OR SPECIAL KNOWLEDGE OR
EFFORT, PER CBC 1010.1.9.

11. DOOR HANDLES, LOCK AND OTHER OPERATING DEVICES SHALL BE INSTALLED AT A MINIMUM 34" AND A MAXIMUM 48" ABOVE FINISH FLOOR,, PER CBC 1010.1.9.2.

12. MAXIMUM DOOR OPENING EFFORT SHALL BE 5.0-LBS. AT EXTERIOR DOORS, 5.0-LBS. AT INTERIOR DOORS PER CBC 11B-404.2.9.

13. HINGES SHALL BE HEAVY-DUTY TYPE, SUITABLE FOR USE WITH DOOR CLOSERS. PROVIDE 180 DEGREE OPENING UNLESS
OTHERWISE NOTED.

14. WHERE KEY-LOCKING HARDWARE IS USED AT MAIN ENTRY DOORS, PROVIDE A SIGN OVER THE DOOR READING, "THIS DOOR TO REMAIN UNLOCKED WHEN THIS SPACE IS OCCUPIED", PER CBC 1010.1.9.3 EXCEPTION 2.

15. ALL GLAZED DOORS SHALL HAVE A 10" KICK PLATE PER CBC 11B-404.2.10.

16. DO NOT SCALE THE DRAWINGS FOR DIMENSIONS. ALL DIMENSIONS

NOTED ARE CONSIDERED FROM FACE OF FRAMING MEMBER (JOIST

OR STUD) TO FACE OF FRAMING MEMBER UNLESS OTHERWISE
NOTED.

17. ALL DIMENSIONS ARE TO TOP OF PLATE OR TOP OF SUBFLOOR OR

TOP OF CONCRETE IN SECTION OR ELEVATION UNLESS OTHERWISE NOTED.

18. NOTIFY THE CITY IN WRITING OF ANY PROPOSED OR REQUIRED VARIATIONS FROM THE DIMENSIONS AND CONDITIONS SHOWN.

19. ALL NEW PARTITION WALLS SHALL BE ONE HOUR RATED
ASSEMBLIES WITH 2x4 METAL STUDS, U.O.N. AND ONE LAYER 5/8" TYPE 'X' GYPSUM BOARD.

20. ALL GYPSUM BOARD VENTILATING SHAFTS SHALL BE ONE HOUR RATED ASSEMBLIES, WITH METAL FRAME AND ONE LAYER OF 5/8"

TYPE 'X' GYPSUM BOARD INSIDE AND OUTSIDE OF VENTILATING SHAFTS. SHAFTS WILL ALSO BE TAPED. DISTANCE FROM GALVANIZED DUCT TO ONE HOUR SHAFT TO BE A MINIMUM OF 3" AND A MAXIMUM OF 12".

21. EXIT DOORS SHALL BE EQUIPPED WITH PANIC HARDWARE WHEN OCCUPANT LOAD IS GREATER THAN 50.

22. FIRE BLOCKING MUST BE PROVIDED IN ACCORDANCE WITH CBC 718.2 AT THE FOLLOWING LOCATIONS:
·IN CONCEALED SPACES OF STUD WALLS AND PARTITIONS,
INCLUDING FURRED SPACES, AT THE CEILING AND FLOOR LEVELS. ·IN CONCEALED SPACES OF STUD WALLS AND PARTITIONS,
INCLUDING FURRED SPACES, AT 10-FOOT INTERVALS ALONG THE LENGTH OF THE WALL.
·AT ALL INTERCONNECTIONS BETWEEN CONCEALED VERTICAL

AND HORIZONTAL SPACES SUCH AS OCCUR AT SOFFITS, DROP
CEILINGS AND COVE CEILINGS.
·IN OPENINGS AROUND VENTS, PIPES, DUCTS, CHIMNEYS,

FIREPLACES AND SIMILAR OPENINGS WHICH AFFORD A PASSAGE

FOR FIRE AT CEILING AND FLOOR LEVELS, WITH
NONCOMBUSTIBLE MATERIALS.

23. PENETRATIONS IN WALLS REQUIRING PROTECTED OPENINGS MUST

BE FIRE-STOPPED WITH AN APPROVED MATERIAL IN ACCORDANCE WITH CBC 714.3.1. SPACE BETWEEN PENETRATING MATERIALS
(DESCRIBED BELOW) MUST BE DESIGNED TO PREVENT THE
MOVEMENT OF HOT FLAME OR GASES:
·STEEL, COPPER OR FERROUS PIPES OR CONDUITS MAY

PENETRATE CONCRETE OR MASONRY WALLS WHERE THE
PENETRATING ITEM IS A MAXIMUM 6- INCH DIAMETER AND THE

AREA OF THE OPENING THROUGH THE WALL DOES NOT EXCEED
144 SQUARE INCHES.
·MEMBRANE PENETRATIONS OF MAXIMUM 2- HOUR FIRE

RESISTANCE RATED WALL AND PARTITIONS BY STEEL ELECTRICAL OUTLET BOXES NOT EXCEEDING 16 SQUARE INCHES ARE
PERMITTED PROVIDED OPENINGS DO NOT EXCEED 100 SQUARE
INCHES FOR ANY 100 SQUARE FEET OF WALL AREA. OUTLET

BOXES ON OPPOSITE SIDES OF WALLS OR PARTITIONS MUST BE
SEPARATED BY A HORIZONTAL DISTANCE OF 24 INCHES.
·WHERE WALLS ARE PENETRATED BY OTHER MATERIALS OR

WHERE LARGER OPENINGS ARE REQUIRED THAN PERMITTED

ABOVE, THEY MUST BE QUALIFIED BY TESTS CONDUCTED IN
ACCORDANCE WITH CBC 714.3.1.2.

GENERAL FIRE ALARM NOTES

1. WHERE FIRE ALARM SYSTEMS AND CARBON MONOXIDE ALARM

SYSTEMS PROVIDE AUDIBLE ALARM COVERAGE, ALARMS SHALL
COMPLY PER CBC 11B-215.

2. PER CBC 11B-215.2 ALARMS IN PUBLIC USE AND COMMON USE AREAS SHALL COMPLY WITH CHAPTER 9, SECTION 907.5.2.3.1.

VISIBLE ALARM NOTIFICATION APPLIANCES SHALL BE PROVIDED IN

PUBLIC USE AREAS AND COMMON USE AREAS, INCLUDING BUT NOT LIMITED TO: LOBBIES, MEETING ROOMS, AND RESTROOMS.

Docusign Envelope ID: 1B9A817F-4C82-4000-A597-C41DEFC41C5A

EXHIBIT A

44 WOMEN'S RESTROOM3
-
AD

CDF EG CHJ H
C

AD BEFABCD
6 -MENS LOCKER ROOM
ABCD
WOMEN'S RESTROOM4
-
WOMEN'S RESTROOM5
-
MEN'S LOCKER ROOM7
-
9'-0"
5'-0"
9'-0"
7'-4"
2'-10"
9'-0"
9'-0"
8'-0"
1'-6"
1'-6"
5'-0"
2'-10"
2'-9"
8'-0"
2'-9"
2'-9"
9'-0"
5'-0"
5'-0"
2'-10"
2'-10"
9'-0"
5'-0"
9'-0"
8'-0"
9'-0"
8'-0"
8'-0"
9'-0"
9'-0"
8'-0"
2'-10"
19TYP. OF 2 23 25
2323
OPEN

TO LOCKER

ROOM BEYOND
19TYP. OF 14
2323
19TYP. OF 319TYP. OF 6
OPEN

TO LOCKER

ROOM BEYOND
OPEN

TO LOCKER

ROOM BEYOND
2325
23 2323232523 25
23 23
2323
111 232322
2323
1515 1515333 21 222122
5'-0"
23 23
5'-0"
2'-10"
5'-0"
9 977
OPEN

TO LOCKER ROOM
BEYOND
21 2221 22152122
23 21 22
21 2222 174
232311 11
1121 228
OPEN
TO

RESTROOM
BEYOND
23 11
17212221 22
242424
8'-0"
5'-0"
8'-0"
8'-0"
24 11 1111
21 22
21 212221 222122
11 21 2222 21
1313
5 6111
232323 23
15 422 21
2323
21 2222 21 15
5'-0"
5'-0"
5'-0"
21 2221 2222 21 1
6 23 23
1 23 23
21 6
1515
1 2

WASHROOM FIXTURES

AND ACCESSORIES

WATER CLOSET

URINAL (STANDARD AND ACCESIBLE)

LAVATORY (STANDARD AND ACCESSIBLE)
GRAB BARS (30" AND 48" LONG)

SURFACE MOUNT TOILET PAPER DISPENSER

SURFACE MOUNT TOILET SEAT DISPENSER
MIRROR

SEMI RECESSED PAPER TOWEL DISPENSER AND WASTE

RECEPTACLE

SOAP DISPENER

FOLD DOWN MOUNT BABY STATION

SHOWER CURTAIN AND ROD
SHOWER WITH 60" FLEX HOSE

ACCESSIBLE ROLL IN SHOWER

STAINLESS STEEL TOWEL BAR

TOILET AND AND URINAL PARTITION

ROBE HOOK

ACCESSIBLE FOLDING SEAT

LOCKER BENCH

METAL LOCKERS

EPOXY FLOOR BASE

CERAMIC TILES

CERAMIC TILE COVED BASE
GYP. BD. WALL. PAINT
PLAM COUNTERTOP WITH 4" BACKSPLASH

INTERIOR DOOR
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 City Project No. 2023-16

CITY OF

POLICE DEPARTMENT BUILDING

A L I F O R N I AC

CITY OF LIVERMORE

POLICE DEPARTMENT BUILDING RENOVATIONS DD SET SUBMITTAL

06.02.25 1
A9.2

INTERIOR ELEVATIONS
1/4'=1'-0"
Docusign Envelope ID: 1B9A817F-4C82-4000-A597-C41DEFC41C5A

EXHIBIT A

45 EXHIBIT D

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

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

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

3. Workers’ Compensation and Employer's Liability:

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

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

Deduc
tibles 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.

Accept
ability 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.

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

1. The City of Livermore, its officers, officials, employees, and designated Docusign Envelope ID: 1B9A817F-4C82-4000-A597-C41DEFC41C5A

EXHIBIT A

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

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

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

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

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

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

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550

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

Docusign Envelope ID: 1B9A817F-4C82-4000-A597-C41DEFC41C5A

EXHIBIT A

47 CITY COUNCIL STAFF REPORT
ITEM NO. 6.2

DATE:

April 13, 2026
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing supplemental appropriations of $360,000 in FY 2025–26 and $622,000 in FY 2026–27 from the Airport Operating Fund (Fund 600) to Airport Innovation Center Project AR202628 to support completion of the design phase and authorizing execution of an agreement with Barry & Wynn Architects, Inc., in an amount not-to-exceed $661,600, and a term ending December 31, 2030, to provide final plans, specifications, and engineering services during construction.

RECOMMENDED ACTION

Staff recommends that the City Council adopt a resolution:
1 .

Authorizing supplemental appropriations of $360,000 in FY 2025–26 and $622,000 in FY 2026–27 from the Airport Operating Fund (Fund 600) to Airport Innovation Center Project AR202628 to support completion of the design phase; and
2 .

Authorizing the City Manager to execute a Professional Services Agreement with Barry & Wynn Architects, Inc., in an amount not-to-exceed $661,600, with a term ending December 31, 2030, to provide final design, preparation of plans and specifications, bidding support, and engineering services during construction for the Airport Innovation Center Project AR202628.

DECISION TYPE
Administrative

SUMMARY
The Airport Innovation Center Project involves renovating an existing 19,500-square-foot building located at 180 Airway Boulevard at the Livermore Municipal Airport. The project will include a three-phase tenant improvement, with the scope focused on enhancing safety features, improving accessibility, meeting current code requirements, and upgrading building systems, while transforming the building into a multi- tenant innovation hub supporting research and development, educational programming, and advanced aviation technologies. This agreement with Barry & Wynn Architects, Inc., in an amount not to exceed $661,600, will support completion of final design, preparation of construction documents, assistance during bidding, and construction administration services for the Airport Innovation Center Project. 48 DISCUSSION
The Livermore Airport Innovation Center Project (AR202628) involves renovating an existing 19,500- square-foot, single-story building located at 180 Airway Boulevard, as shown in Attachment 1. The facility requires upgrades to improve accessibility, structural performance, and overall building systems. The project will address a range of existing conditions, including:

roofing improvements to resolve leaks
modernization of restroom facilities to meet current standards repair and enhancement of exterior building elements
upgrades to mechanical, electrical, and plumbing systems seismic improvements
installation of fire sprinkler and fire alarm systems
accessibility enhancements

These improvements will support compliance with current codes and standards while enhancing overall building performance. Required site improvements to meet current code and operational needs will also be included as part of the project.

The proposed renovation will transform the existing facility into a flexible, multi-tenant innovation hub supporting research and development activities, educational programming, and shared support spaces.

Improvements include interior reconfiguration, full replacement of building systems, exterior envelope upgrades, voluntary seismic improvements, fire protection systems, accessibility enhancements, and site improvements.

In early 2025, City staff issued a Request for Qualifications (RFQ) seeking architectural firms to provide services for Capital Improvement Plan (CIP) projects. The City received twelve Statements of Qualifications. Following an evaluation by a selection committee, Barry & Wynn Architects, Inc., was ranked as the top-rated firm. Based on this selection, the City Council approved an On-Call Professional Services Agreement with Barry & Wynn Architects, Inc., (On-Call Agreement) on March 25, 2025, in the amount of $500,000 for as-needed architectural services related to facility capital improvement projects, including building replacements and renovations.

To advance the Livermore Airport Innovation Center project in an expedited manner, staff issued an initial task order under the On-Call Agreement in the amount of $111,686 for conceptual design and cost estimating services for the interior and exterior renovations. Staff issued an additional task order in the amount of $38,000, to provide preliminary technical development and preliminary cost estimates of the building design upon the completion of the conceptual work.

Barry & Wynn Architects, Inc., has consistently demonstrated strong technical expertise, responsiveness, and familiarity with City standards and processes. Therefore, staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement in the amount of $661,600 with Barry & Wynn Architects, Inc., for the architectural and engineering services to provide the final design, preparation of construction documents, permitting, bidding support, and construction engineering services for the Airport Innovation Center Project AR202628. The project design and construction will be delivered in three phases, progressing from basic code and system upgrades to more advanced programmatic buildouts, allowing spaces to be incrementally tailored to specific tenant 49 needs as they are onboarded.

The agreement amount of $661,600 combined with the task orders of $111,686 and $38,000 total $811,286. This total of $811,286 for full architectural services represents approximately 9.7% of the total estimated construction cost for all 3 phases of $8,400,000. By comparison, full architectural design services for similar projects often range between 10% and 15% of construction costs.

FISCAL AND ADMINISTRATIVE IMPACTS

Funding for the Airport Innovation Center Project AR202628 is included in the 2025–2030 Capital Improvement Plan with $150,000 of Airport Operating Fund 600 in Fiscal Year 2025–26. The purpose of this budget was to evaluate preliminary design options and project feasibility. This portion of the project has been completed. Staff is now requesting supplemental appropriations of $360,000 in FY 2025–26 and $622,000 in FY 2026–27 from Fund 600 to support the next final design phase of the project.

Staff will return to the City Council with a future budget amendment when the project is ready to proceed with awarding the construction contract.

COMMUNITY PILLAR

2: Economy That Prospers

GOAL

3: Encourage an innovation driven economy.

ATTACHMENTS

1. Location Map

2. Resolution

3. Exhibit A - Barry & Wynn Architects, Inc., Agreement

Prepared by: Farnoush Levers
Assistant City Engineer

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
50 ATTACHMENT 1
51 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

RESOLUTION AUTHORIZING SUPPLEMENTAL APPROPRIATIONS
OF $360,000 IN FY 2025–26 AND $622,000 IN FY 2026–27 FROM THE AIRPORT OPERATING FUND (FUND 600) TO AIRPORT INNOVATION

CENTER PROJECT TO SUPPORT COMPLETION OF THE DESIGN

PHASE AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH
BARRY & WYNN ARCHITECTS, INC., IN AN AMOUNT NOT-TO-
EXCEED $661,600 AND A TERM ENDING DECEMBER 31, 2030, TO

PROVIDE FINAL PLANS, SPECIFICATIONS, AND ENGINEERING

SERVICES DURING CONSTRUCTION

(AIRPORT INNOVATION CENTER PROJECT AR202628)

The City of Livermore plans to renovate the existing 19,500 -square-foot facility located at 180 Airway Boulevard at the Livermore Municipal Airport. The project will be a tenant improvement project and will support compliance with current codes and standards while enhancing overall building performance. The project will transform the building into a multi -tenant innovation hub supporting research and development, educational programming, and advanced aviation technologies.

Funding for the Airport Innovation Center Project AR202628 is included in the 2025–2030 Capital Improvement Program with $150,000 of Airport Operating Fund 60 0 in Fiscal Year 2025 –26. The purpose of this budget was to evaluate p reliminary design options and project feasibility. This portion of the project has been completed. Staff is now requesting supplemental appropriations of $360,000 in FY 2025–26 and $622,000 in FY 2026–27 from Fund 600 to support the next final design phase of the project.

Staff will return to the City Council with a future budget amendment when the project is ready to proceed with awarding the construction contract.

This agreement with Barry & Wynn Architects, Inc., in the amount not -to-exceed $661,600 will allow the City to complete final design, prepare construction documents, support bidding, and provide engineering services during construction for the Airport Innovation Center Project AR202628.

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

1. Authorizes supplemental appropriations of $360,000 in FY 2025–26 and $622,000 in FY 2026 –27 from Fund 60 0 to Airport Innovation Center Project AR202628 to support completion of the design phase.

2. Authorizes the City Manager to execute an agreement with Barry & Wynn Architects, Inc., attached hereto as Exhibit A, in an amount not -to-exceed 52 2 RESOLUTION NO. ________
$661,600, with a term en ding December 31, 2030, to provide design and construction support services for the Airport Innovation Center Project AR202628.

3. 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 April 13, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Tara Mazzanti_____________ _____ Helena Graves Tara Mazzanti
Acting Assistant City Clerk Senior Assistant City Attorney

Exhibit A – Barry & Wynn Architects, Inc., Agreement

53 25-0918

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 Barry & Wynn Architects, Inc (“Consultant”), a(n) California Corporation.

RECITALS
City requires professional services to provide design services for Capital Improvement Project AR202628, Airport Innovation Center Project, which includes interior, exterior, and site renovation of the approximately 19,500 -square-foot, single- story Livermore Airport Innovation Center building, located at 180 Airway Boulevard, Livermore, California.

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

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

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

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

Consultant is and shall at all times remain as to City a wholly independent contractor during the term of this Agreement.
(b) Consultant and its personnel performing the Services on behalf of Consultant are not City 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.

Docusign Envelope ID: 8ED60914-14F0-4F07-AFFD-6745613F3041

EXHIBIT A

54 (c) Consultant and its personnel providing the Services shall not qualify for or become entitled to, and hereby waive any claims to, any compensation, benefit, or any incident in employment by City, including but not limited to enrollment in the California Public Employees Retirement System (PERS) as an employee of City and any entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
(d) Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall not incur or have the power to incur any debt, obligation, or liability 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 Nidhi Thanki (“Project Manager”), or such other person designated as the Project Manager by City; (b) At all times faithfully, competently, and diligently perform the Services to the best of its ability, experience, and talent in a courteous manner to the highest industry standards when performing the Services required hereunder. For the purposes of this Agreement the phrase “highest industry standards” means those professional standards recognized by one or more professional consultants performing similar Services under similar circumstances within City’s region;
(c) Provide the resources and assign competent Consultant personnel necessary to complete the Services in a timely manner;
(d) Immediately remove and replace, without any cost to City, any member of Consultant’s personnel providing the Services to City, in its sole discretion and at any time during this Agreement , directs Consultant to remove and replace, and City agrees to advise Consultant of the reason for the direction for the removal and replacement; (e) Provide all facilities, goods, materials, and equipment that may be necessary for Consultant’s personnel to provide the Services. City may furnish physical facilities such as desks, filing cabinets, and conference space that may be reasonably necessary for Consultant’s use for the Services, but in no event shall City be required to furnish any facilities that involve incurring a direct expense such as computer, software, long-distance telephone or other communication charges, vehicles, or document reproduction facilities;
(f) Obtain and keep in effect during the term of this Agreement all necessary licenses, permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services , including obtaining a business license from the City of Livermore, and keep them all in effect for the term of this Agreement;
Docusign Envelope ID: 8ED60914-14F0-4F07-AFFD-6745613F3041

EXHIBIT A

55 (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 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; Docusign Envelope ID: 8ED60914-14F0-4F07-AFFD-6745613F3041

EXHIBIT A

56 (o) Comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA, when providing the Services; and,
(p) If applicable, Consultant shall ensure that all work for compensation is provided in compliance with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages.

5. Term. The term of this Agreement commences on 04/13/2026, and terminates upon the completion of the Services or 12/31/2030, 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 delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with and subject to Section 7.

7. Compensation and Payment.
(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $661,600.00 ("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.

Docusign Envelope ID: 8ED60914-14F0-4F07-AFFD-6745613F3041

EXHIBIT A

57 (e) City shall pay Consultant via the Automated Clearing House or as otherwise instructed by Consultant pursuant to Section 4(g) above.

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

9. Intellectual Property, Copyright, and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly 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 shall not disclose any confidential or proprietary information received from City to anyone except Consultant’s personnel who require access to the information to perform the Services. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are returned to City or confirmed destroyed in a manner satisfactory to City.

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

Docusign Envelope ID: 8ED60914-14F0-4F07-AFFD-6745613F3041

EXHIBIT A

58 (b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e)

12. Insurance. Without limiting Consultant’s indemnification of the Indemnified Parties, Consultant shall procure and maintain at its own expense during the term of this Agreement policies of insurance in the amounts and under the terms set forth in Exhibit C Insurance Requirements 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 r estricts City’s authority in Section 6 to terminate this Agreement.

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

15. Acceptance of Work. City’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy , completeness, or competency of the 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 represents that no City employee or official has a financial interest in Consultant. Consultant shall not offer, encourage, or accept any financial interest in any part of Consultant's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party, Consultant represents that it has not performed any work for that private party during the twelve-month period prior to the execution of this Agreement, and that it shall not negotiate, offer, or accept any contract for services from that party during the term of this Agreement.

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59 17. E conomic 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.

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 A ct Disclosure Statement that can be obtained from the City Clerk.

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

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

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

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

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

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

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

26. Non-Discrimination. In performance of the Services, Consultant agrees that it will not engage in discrimination in employment of persons because of such person’s race, color, religion, sex/gender, gender identity/expression, sexual orientation, marital status, medical condition, military or veteran status, national origin, ancestry, disability, genetic information, age, or any protected classification when providing the Services. Consultant further agrees to comply with all provisions of Title VI of the 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.

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61 (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.

29. 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: Nidhi Thanki

City of Livermore / Community Development
1052 South Livermore Avenue  Livermore, CA, 94550
[email protected]

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

TO CONSULTANT: Attention: Steve Wynn
Barry & Wynn Architects, Inc
379 Hartz Avenue
Danville, CA, 94526
United States
Email: [email protected]

30. 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.

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62 31. S everability. 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, conditions, and obligations in Sections 2, 8 through 11, 23, 24, 30, and 31 through 33 shall survive the completion or termination of this Agreement.

33. 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.

34. 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.

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

CONSULTANT: Dated:

____________________________ ___________________________ Steve Wynn
Principal

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ Marianna A. Burch
City Manager

APPROVED AS TO FORM:

______________________________________
Deputy/Assistant/Senior Assistant/City Attorney

APPROVED AS TO INSURANCE:

___________________________
Risk Manager/Analyst

Exhibits:

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

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EXHIBIT A

64 Exhibit A – Scope of Work for
Engineering Design and Construction Support Services for Airport Innovation Center Project AR202628
City of Livermore, Alameda County, California

This Scope of Work is prepared for The City of Livermore (Client) by Barry & Wynn Architects, Inc. (Consultant). This Scope of Work is prepared under the City of Livermore’s On-Call Services Agreement.

Purpose Statement:

This Task Order represents the successful transition of the Livermore Airport Innovation Center project from the design development phase into the technical design and construction implementation phases. Following the approval of Task Order No. 03—which established the overall project vision, evaluated existing building conditions, and confirmed feasibility through design development—the City of Livermore has authorized the design team to proceed with detailed technical development, construction drawings, and project support through construction.

Barry & Wynn Architects, Inc. (B&W), in collaboration with the City and Airport Management, will leverage the previously completed conceptual and Design Development (DD) work to ensure a seamless progression into Construction Documents (CD), permitting, bidding, and Construction Administration (CA). This Scope of Work reflects the City’s intent to comprehensively modernize the facility to support its future role as an innovation incubator, educational center, and multi- tenant workspace.

Scope of Work:

Barry & Wynn Architects (B&W), in collaboration with its engineering consultants, shall provide complete architectural and engineering design services, construction documentation, and cost estimating services for the comprehensive interior, exterior, and site renovation of the approximately 19,500-square-foot, single-story Livermore Airport Innovation Center building, located at 180 Airway Boulevard, Livermore, California, as directed by the City.

The City has selected Option 3 (referenced during the conceptual phase as Option 2A) as the basis for full project modernization. The scope includes a complete transformation of the existing facility to support multiple tenants, flexible research and development uses, educational programming, and shared support spaces. Improvements include, but are not limited to, interior reconfiguration, full building systems replacement, exterior envelope upgrades, voluntary seismic improvements, and site and accessibility upgrades.

Key Project Scope Components:
• Interior Modernization: Comprehensive interior reconfiguration to accommodate approximately 6–10 tenant companies, including flexible R&D spaces, maker spaces, classrooms, conference rooms, workshops, restrooms, showers, locker rooms, shared Docusign Envelope ID: 8ED60914-14F0-4F07-AFFD-6745613F3041

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65 kitchen/breakroom, quiet rooms, and a shared chemical fume room. Interior improvements will include new partitions, finishes, doors, ceilings, fixtures, and integration of new building systems.
• Building Envelope: Complete replacement of the primary roof system, roof drainage, and existing mansard clay tile roofing. Installation of a new modern metal cladding screen wall along the front façade to enhance durability, weather protection, and architectural identity.
• Site & Accessibility Improvements: Regrading and improvements to the parking lot, updates to accessible parking stalls, and upgrades to accessible paths of travel from parking areas to building entrances in compliance with applicable accessibility requirements. CASp peer review during design and CASp Certification for full accessibility at interior and exterior. New EV charging stations based on limited electrical load capacity.
• Building Access: Modifications to existing building entrances and the addition of a new secondary main entry at the rear (southwest) side of the building to improve circulation, accessibility, and operational flexibility.
• Building Systems: Full replacement of the HVAC system, upgraded electrical power distribution throughout office and workshop areas, new interior and exterior lighting systems, and coordination of all mechanical, electrical, and plumbing systems to support modernized uses.
• Structural Improvements: Voluntary seismic upgrades to the roof diaphragm and wall- to-roof connections, repair of exterior wall cracks, and repair of front concrete columns exhibiting concrete spalling and exposed reinforcing steel.

Detailed Scope of Services:

Phase 1: Project Management & Coordination
● Administrative Oversight: Lead interdisciplinary coordination meetings and conduct site visits to verify existing conditions.
● Communication Logs: Maintain and provide action item logs and decision logs as part of project management services.
● Meeting Frequency: Facilitate bi-weekly meetings and prepare detailed meeting minutes. ● Financial Reporting: Provide an expense log with each invoice showing all hours spent, hourly rates, invoices billed vs. contract, remaining amount, and contract term. ● QA/QC Protocol: Provide QA/QC review at all submittals and provide written documentation, including internal redlines and decision logs from sub-consultant meetings. ● City Comments: At each submission, provide written responses to prior Fire Department, City Project Team and City-wide review comments provided through the City-wide review process. Provide submittal workshop after delivering each submittal. ● Notice of Potential Cost Increase Estimates: Provide notice to City of any potential construction cost increase estimates and gain City approval of additional costs prior to performing design modifications.
● Planning Support: Coordinate with City staff regarding staff-level planning approval requirements for exterior façade improvements. Include entitlements applications, submittal and review with City.

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66 Phase 2: Construction Documents (CD) – 60% Deliverables Design & Engineering Services: Coordinate, develop, and deliver 60% Construction Documents (CDs), including drawings and outline technical specifications for all approved interior, exterior, and site improvements. Coordinate all engineering disciplines, lead interdisciplinary coordination meetings, and conduct site visits as required to verify existing conditions and finalize design intent in coordination with the City.

Deliverables shall include:
• Building plan with partial enlarged plans detailing each modernization and improvement. • Code analysis and path-of-travel/exiting plan.
• References to new office layouts and furniture configuration approved by the City and stakeholders.
• Reflected ceiling plans for all areas.
• General architectural, building envelope, and accessibility details. • 60% CD-level mechanical, plumbing, electrical, and structural drawings and documents based on the scope of renovations including EV charging. • 60% CD-level structural documents with reference to seismic structural upgrades and reinforcement to roof and wall connections.
• 60% CD-level Telecom/IT/Security: Provide space planning for telecommunication rooms, intra-building backbone cabling design, and equipment grounding infrastructure. Scope includes in-building Access Control and Alarm Monitoring (ACAMS), Video Surveillance (CCTV), Intercom systems, and infrastructure for Wi-Fi devices. • 60% CD-level Fire Sprinkler and Alarm: Coordinate incoming fire water service and compile 60% CD-level design for a building-wide wet fire sprinkler system. Provide a fire sprinkler monitoring system with occupant notification.
• Commissioning Documentation (Design Phase): Provide a Commissioning Plan defining roles and responsibilities. Conduct one commissioning review of Construction Documents focusing on controllability, maintainability, and testability. • 60% CD-level Parking Lot and Building Entry improvements. • 60% CD-level Civil Site Plan with reference to site improvements. • 60% CD-level technical specifications developed by the architectural and engineering teams, consisting of a list of technical specification sections and general content. • Construction Cost Estimate Reports to be reviewed and approved by the City during the 60% CD phase.
• Prepare and submit Construction Documents for a “courtesy” Building Permit submittal, the review of which will run concurrently with Phase 3: 90 & 100% Construction Documents.

Phase 3: Construction Documents (CD) – 90 & 100% Deliverables Design & Engineering: Coordinate, develop, and deliver 90% and 100% Construction Documents, incorporating City and stakeholder comments from the 60% CD review.

Deliverables shall include:

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67 • Fully dimensioned building plan with partial enlarged plans detailing each modernization and improvement, including all applicable keynotes, and detail references. • Final code analysis and path-of-travel/exiting updates for modified areas. • Final reference to new office furniture and layouts approved by the City and PD representatives – also incorporated into the technical specifications. • Final Interior Finishes, Door, Window, and hardware schedules. • Interior Elevations with reference keynotes and details. • Final reflected ceiling plans for all areas involved in the renovations. • General architectural and accessibility details.
• 90% & 100% CD-phase mechanical, plumbing, electrical, and structural drawings and documents based on the scope of renovations – including power/lighting plans, load calculations, EV charging, T24 Energy Compliance forms, telecom/IT/security plans (ACAMS, CCTV, and wireless infrastructure), final fire sprinkler and fire alarm panel plans, and Structural Calculations.
• 90% & 100% CD-level technical specifications developed by the architectural and engineering teams, consisting of a list of specification sections and general content. City to provide Division 0 and 1 and Consultant to add this to the specifications with table of contents.
• 90% & 100% CD Civil Plans including demolition, paving, erosion control, and grading/utility plan.
• Construction Cost Estimate Report for the 90% & 100% CD phase. • Final Commissioning Specifications: Incorporate commissioning measures and specifications into the final construction document set. • List of long lead items (more than 3-month lead time). • Construction duration schedule.
• List of overall project submittals.
• List of any specialty inspections and testing requirements. • List of any special licenses, certificates, or qualifications required by the specifications. • List of spare parts and items requiring O&M manuals.
• List of warranties greater than one year.
• ACAD files of the 100% construction set.
• CASp review and sign-off of plans.
• Contractor Prequalification Support: The City will issue a Request for Qualifications (RFQ) to prequalify contractors prior to bidding. Consultant shall review the technical and professional requirement sections of the RFQ before it is released to ensure alignment with the project’s specialized construction needs.

Phase 4: Bidding & Construction Administration (CA)
Permitting: Prepare and submit Construction Documents for a "courtesy" Building Permit submittal following the completion of 60% Construction Documents. This review shall run concurrently with the 90% and 100% design phases. Coordinate with the City and respond to all Building Permit plan check comments as required to obtain final building permit approval directly following the completion of 100% Construction Documents.

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68 Bidding Support: Respond to bidder questions and RFIs, assist with evaluation of bids, and prepare conformed construction documents. Attend Pre-Bid Meeting and provide Conformed Drawings and Specifications prior to construction.

Construction Administration: Review submittals and shop drawings, respond to RFIs, participate in construction coordination meetings as required, and conduct periodic site observations to assess general conformance with the Contract Documents. Attend a pre- construction meeting. Coordinate CASp inspections, punch list, re-inspections, and final sign-off after construction completion. Review contractor fire protection shop drawings, hydraulic calculations, and product data. Conduct one site visit for field verification of the installed fire systems. Commissioning: Maintain a cloud-based issues log and conduct up to three field observations to verify equipment installation against pre-functional checklists. Direct and document up to five days of functional testing executed by the contractor.

Project Close-Out & Occupancy: Prepare final punch lists and compile Record (As-Built) Drawings based on contractor-provided markups. Review fire system as-builts and close-out documents. Provide a final Commissioning Report and conduct a 10-month warranty walkthrough with O&M staff to resolve any outstanding building operation issues.

Phase 5: As-Directed Services
Consultant shall provide as-directed services to the City. A budget allowance of $85,000 has been included. Any use of As-Directs 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.

As-Directed Services could include any of the following:
• Additional rooms or areas of improvements or upgrades • Unanticipated repairs or remediation
• Additional furnishings, finishes or artwork
• Additional cabinetry
• Other unanticipated improvements

Scope Exclusions (LEED)
• LEED Certification: Formal third -party LEED Certification (registration, documentation submittals to GBCI, and filing fees) is not included in this proposal. • Other Exclusions: Soil surveys/testing, life cycle cost analysis , and fire pump design or underground fire water line design.
• Future Provision: If the City elects to pursue formal LEED Certification or other analysis or certification, these services can be added via a separate addendum.

Summary of Key Deliverables and Dates
Phase / Milestone Estimated Date / Duration
Task Order No. 3 (DD & Entitlements) Complete Mid-April 2026 Docusign Envelope ID: 8ED60914-14F0-4F07-AFFD-6745613F3041

EXHIBIT A

69 City Council Approval of Agreement April 13, 2026
Phase Start / Kickoff April 13, 2026
60% CD Deliverables & Cost Estimate 8 weeks (Mid-June 2026) Building Permit Courtesy Submittal Mid- to Late-June 2026 City Review of 60% Deliverables 2 weeks (End-June 2026) 90% CD Deliverables 8 weeks (End-August 2026)
City Review of 90% Deliverables 2 weeks (Mid-September 2026) 100% CD Deliverables & Cost Estimate 4 weeks (Mid-October 2026) Building Permit Final Approval Mid-October 2026
Bidding Phase (Starts after Permit Approval) 8-12 weeks (Estimated) Construction Commence 32 – 36 weeks after Council Approval

Proposed Budget
The proposed budget to perform the Scope of Services described above is a not-to-exceed amount of < $661,600 >. Monthly invoices will contain a list of all hours spent on the project, hourly rates, and other charges. The budget is outlined in Exhibit B - Table 1 and will not be exceeded without prior written authorization from the City. For reference to Professional Service Rates see Exhibit A documents.

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70 EXHIBIT B

FEE SCHEDULE
for

BARRY & WYNN ARCHITECTS

HOURLY RATE SCHEDULE FOR PROFESSIONAL SERVICES
(Effective January 1st, 2026 through December 31, 2028)

Classification
Rate ( $ / hour)
2026 2027 2028
Principal $290 $300 $310
Staff Architect $215 $225 $235
Senior Project Manager $215 $225 $235
CAD Drafting $155 $160 $170
Administrator $115 $120 $125

EXPENSES SCHEDULE

1. All outside expenses will be billed at actual Cost plus 15%, including:
• Delivery Service
• Reproduction
• Mileage – Auto
• Travel & Expenses

2. All Subconsultant fees will be billed at actual cost.

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71 EXHIBIT B
TABLE 1

Task Scope Description Hours Budget
Barry & Wynn Architects 1 Project Management, Coordination w/ City and Consultants 80 $ 18,000

2 Entitlements – Planning, Submittal & Review 70 $ 13,200 3 60% (CD) Phase – plans and documents 180 $ 39,000
4 90-100% (CD) Phase – plans, documents, and permitting 160 $ 35,000 5 Bidding & Construction Admin. Support (CA) Phase 240 $52,000 - Subtotal 730 $ 157,200
Turley Eng. (Mech./Plumb.) 6 Mech./Plumb. Engineer Services (CD and CA) 260 $ 68,500 PASE (Struct.) 7 Struct. Engineer Services (CD and CA) 270 $ 72,000 Capitol Design (Elect.) 8 Electrical Engineer Services (CD and CA) 190 $ 40,500 Kier + Wright (Civil) 9 Civil Engineer Consultant Services (Allowance) 175 $ 52,500 Leland Saylor Assoc. (Cost) 10 Cost Estimator Consultant Services (Allowance) 155 $ 34,500 CASp Accessibility (ADA) 11 Accessibility CASp Consultant Services (Allowance) 40 $ 7,400 Orland Consulting Specs 12 Technical Specification Services (DD and CD) 120 $24,000 Glumac (Telecom/IT) 13 Telecom/Security Consultant Services (CD and CA) 135 $30,000 Glumac (Commissioning) 14 Base Commissioning (Cx) Scope (DD, CD and CA) 160 $34,500 Coffman (Fire Protection) 15 Fire sprinkler and alarm design services (DD, CD and CA) 235 $53,000 - Subtotal 1,740 $ 416,900

16 As-Directed Services $ 85,000

17 Reimbursable Allowance

$ 2,500

Total (not to exceed) 2,470 $661,600
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72 EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

3. Workers’ Compensation and Employer's Liability:

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

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

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

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

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

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

1. The City of Livermore, its officers, officials, employees, and designated Docusign Envelope ID: 8ED60914-14F0-4F07-AFFD-6745613F3041

EXHIBIT A

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

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

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

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

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

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

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550

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

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74 2025-06-12

CITY OF LIVERMORE

DETERMINATION OF CONFLICT OF INTEREST

REPORTING FOR CONSULTANTS
Consultant Name (include name(s) and title(s) of specific person(s) doing work under the contract).

Barry & Wynn Architects, Inc.

Contract/Project Title.

Engineering Design and Construction Support Services for Airport Innovation Center Project AR202628 Brief Description of work to be done, or expected final product, and how it will be used.

Provide design services for Capital Improvement Project AR202628, Airport Innovation Center Project, which includes interior, exterior, and site renovation of the approximately 19,500-square-foot, single-story Livermore Airport Innovation Center building, located at 180 Airway Boulevard, Livermore, California.

Is the Consultant making, participating in making, or
influencing a governmental decision? Yes
; No ;
Is the Consultant performing work similar to work done
by an employee identified in the City of Livermore
Conflict of Interest Code?
https://www.codepublishing.com/CA/Livermore/Munici
pal/Livermore01/Livermore0128.html#1.28
Yes
; No ;.

If YES, please identify the Position Title
of the designated employee(s):

Name, address, direct email, and phone number of each
individual subject to reporting requirements or indicate section and page number in contract where this information can be found. This is needed for Form 700 filing.

Department Head
Signature:

Date:

Signature, Name, Title

City Attorney Determination:

Disclosure:

None
Category 1
Category 2

THIS FORM IS TO BE

COMPLETED BY CITY

STAFF ONLY
Docusign Envelope ID: 8ED60914-14F0-4F07-AFFD-6745613F3041 3/11/2026 | 9:46 AM PDT
X

EXHIBIT A

75 2025-06-12

Comments:

Deputy/Assistant/Senior Assistant/City Attorney

Signature:

Date:

Signature, Name, Title
Docusign Envelope ID: 8ED60914-14F0-4F07-AFFD-6745613F3041 Role similar to existing disclosure categories and making discretionary decisions foreseeably impacting public financial interests Steve Wynn
3/11/2026 | 10:54 AM PDT

EXHIBIT A

76 2025-06-12
The appropriate disclosure category is determined by examining the type of work being performed and shall be the same as the category for the designated employee identified in the City of Livermore Conflict of Interest Code performing similar work, Category 1 for any Consultant that makes, participates in making, or influences decisions, Category 2, or None.

Making, Participating in the Making, of Influencing a Governmental Decision:

In answering the question whether a Consultant is making, participating in making, or influencing a governmental decision, the following guidance is provided1:

A Consultant is subject to the conflict-of-interest disclosure requirements when they:

Make a governmental decision (for example, by voting or making an appointment)

Participate in making a governmental decision (for example, by giving advice or making recommendations to the decision maker)

Influence a governmental decision by communicating with the decision maker.

A good rule of thumb in deciding whether a Consultant’s work constitutes making, participating in making, or influencing a governmental decision is to determine whether the Consultant is exercising discretion or judgment with regard to the decision. If so, the Consultant is subject to disclosure.

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

Disclosure Category 2.
a. All designated employees and consultants in this category shall disclose all investments, business positions in business entities, and sources of income (including gifts, loans, and travel payments) if the business entity or source is in or doing business in the jurisdiction of the City and:

i. Engages in land development, construction, the provision of architectural, engineering or other services in connection with construction; the manufacture or sale of electrical, plumbing or other products used in construction; the acquisition or sale of real property or financing of land acquisition, development or construction; or

ii. Provides services, supplies, materials, machinery, or equipment of any type utilized by the employee’s division; or

iii. Is of the type which contracts with the designated employee’s department.

b. All designated employees and consultants in this category shall disclose interests in real property located within the jurisdiction of the City.
1 Fair Political Practices Commission https://fppc.ca.gov/learn/rules-on-conflict-of-interest-codes/local-government-agencies- adopting-amending-coi.htmland is available on the FPPC’s website at https://fppc.ca.gov Docusign Envelope ID: 8ED60914-14F0-4F07-AFFD-6745613F3041

EXHIBIT A

77 CITY COUNCIL STAFF REPORT
ITEM NO. 6.3

DATE:

April 13, 2026
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution ratifying the execution of a first amendment to the Subdivision Improvement Agreement with Civic Triad East, LLC for the Amarone project at the northeast corner of North Canyons Parkway and Triad Place, Final Tract Map 8657 - Triad Drive East Project, Amarone.

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 and authorizing execution of a first amendment to the Subdivision Improvement Agreement for Tract 8657 which includes a reduction to the faithful performance bond; and 3 .

Directing the City Clerk to record the amendment to the Subdivision Improvement Agreement with the County Recorder.

DECISION TYPE
Administrative

SUMMARY
On June 24, 2024, the City Council approved Tract Map 8657 and executed a Subdivision Improvement Agreement for Tract Map 8657, recorded under series No. 2024081656, dated July 5, 2024, Official Records of Alameda County, California (Agreement) with Civic Triad East, LLC (Developer). The first amendment partially releases the faithful performance bond.

DISCUSSION
On May 22, 2023, the City Council approved Vesting Tentative Tract Map 8657 (SUB 22-005) and the conditions of approval for the Triad Drive East Project, also known as Amarone, consisting of 172 attached condominium units at the northeast corner of North Canyons Parkway and Triad Place as shown in the Vicinity Map (Attachment 1). On June 24, 2024, the City Council approved Tract Map 8657 and executed a Subdivision Improvement Agreement with the Developer. 78 The Developer is responsible for funding and constructing public and private improvements required for this development as specified in the conditions of approval. The project includes the following public improvements: sewer, water, and a Class IV bike lane with landscaped planter islands.

The Developer has completed construction of approximately 75 percent of the performance bonded improvements for the project, and the City Engineer has found that they have satisfied the conditions required to partially reduce the bonds as required in Livermore Development Code section

10.05.080.D(1) subparagraphs (c) and (d). For this reason, the amendment includes a reduction to the faithful performance bond for the project.

FISCAL AND ADMINISTRATIVE IMPACTS

No additional operation and maintenance costs will be required based on the proposed amendment.

COMMUNITY PILLAR

2: Economy That Prospers

GOAL

4: Implement the Isabel Neighborhood Specific Plan

ATTACHMENTS

1. Vicinity Map

2. Resolution

3. Exhibit A - First Amendment to Subdivision Improvement Agreement

Prepared by: Jarrett Rasmussen
Associate Civil Engineer

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
79 Triad Drive East Vicinity Map
This map is based on City of Livermore GIS Information and reflects the most current information at the time of this printing. The map is intended for reference purposes only and the City and its staff is not responsible for errors or omissions.
2,400
Livermore IT, GIS Services
400.0
1:NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US Feet400.00 Notes200.00
80 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A FIRST

AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT

WITH CIVIC TRIAD EAST, LLC FOR THE AMARONE PROJECT AT

THE NORTHEAST CORNER OF NORTH CANYONS PARKWAY AND

TRIAD PLACE

(Final Tract Map 8657 – Triad Drive East Project, Amarone)

On May 22, 202 3, the City Council adopted Resolution No. 20 23-088 which approved Vesting Tentative Tract Map 86 57 (SUB 2 2-005) and the conditions of approval for the Triad Drive East Project, also known as Amarone, consisting of 1 72 attached condominium units at the north east corner of North Canyons Parkway and Triad Drive (“the project”). The City Council also adopted Resolution No. 20 23-087, finding that the project is statut orily exempt under the California Environmental Quality Act (“CEQA”) pursuant to (1) Government Code section 65457 and CEQA Guidelines section 15182 (c), which exempts residential projects that implement a specific plan when certain requirements are met, a nd (2) Public Resources Code section 21083.3 and CEQA Guidelines section 15183, which exempts projects consistent with a community plan, general plan, or zoning when certain requirements are met.

On June 24, 202 4, the City Council adopted Resolution No. 2024-096, which approved Final Tract Map 86 57 and the Subdivision Improvement Agr eement for the project. The City Council also determined that because the potential impacts to the environment that may be caused by the approval of Final Tract Map 86 57 and t he Subdivision Improvement Agreement were considered by the environmental review approved as part of Resolution No. 2023-087, the requirements of CEQA were satisfied.

The Subdivision Improvement Agreement was subsequently executed by the City on June 26, 2024, and recorded under Series No. 2024081656, dated July 5, 2024, Official Records of Alameda County, California

The City Engineer has determined that the Developer has completed construction of approximately 75 percent of the performance bonded improvem ents for the project and has found that the Developer has satisfied the conditions required to partially reduce the faithful performance bond as required in, and pursuant to, Livermore Development Code section 10.05.080(D)(1)(c) -(d). The City Attorney has reviewed the reduced surety provided by the Developer to secure the remaining pe rformance items associated with the Subdivision Improvement Agreement as required by California and City law.

NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore that, because any potential impacts to the environment that may be caused by approval of the first amendment to the Subdivision Improvement Agreement were 81 2 RESOLUTION NO. ________
considered by the environmental review approved as part of Resolution No. 202 3-087, the requirements of CEQA have been satisfied.

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

1. The first amendment to the Subdivision Improvement Agreement, attached hereto as Exhibit A, to reduce the faithful performance bond is approved and the Mayor is authorized to sign the amendment on behalf of the City of Livermore.

2. The City Clerk is directed to record the first amendment to the Subdivision Improvement Agreement with the County Recorder.

On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on April 13, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Molly O’Toole_________________ Helena Graves Molly A. O’Toole
Acting Assistant City Clerk Assistant City Attorney

Exhibit A – First Amendment to Subdivision Improvement Agreement

82 Amendment - Subdivision Improvement Agreement
Rev. 01/22/2025 Page 1 of 2
No fee for recording pursuant to
Government Code Section 27383 and 27388.1

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

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

____________________________________________________________________________

FIRST AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT

THIS FIRST AMENDMENT is made and entered into this ____ day of __________, 2026, by and between Civic Triad East, LLC, a Delaware limited liability company (“Developer”) and the City of Livermore, a municipal corporation (“City”).

RECITALS

On June 26, 2 024, City and Developer entered into a Subdivision Improvement Agreement, with the effective date of June 26, 2024, obligating Developer to construct certain improvements for real property known as Tract Map No. 8657 recorded under Series No. 2024081655, dated July 5, 2024 , Official Records of Alameda County, California (“Original Agreement”). The Original Agreement was recorded under Series No. 202 4081656, dated July 5, 2024, Official Records of Alameda County, California. Section 22 of the Original Agreement requires that any modifications to it must be in writing and signed by both parties.

Pursuant to Section 10.05.080(D) of the Livermore Development Code, Developer applied to the City for a partial release of its faithful performance bond. The City Engineer has determined that Developer has satisfied the conditions for a partial release of the bond, as outlined in Section

10.05.080(D)(1)(c) of the Livermore Development Code, and has approved a partial release of the bond. City and Developer now desire to amend the Original Agreement to revise section 12(a)(i), Faithful Performance, to reflect the partial release the faithful performance bond. This is the first amendment to the Original Agreement.

AGREEMENT

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

1. The Original Agreement is amended as follows:

A. Section 12(a)(i) of the Original Agreement is amended to read as follows:

Faithful Performance - in the amount of 200 percen t of the total estimated construction costs for completion of all the remaining work, or $2,314,078, to secure fatihful performance of this Agreement by the Developer.

2. Unless otherwise stated herein, this Amendment does not relieve the parties of the terms

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85 EXHIBIT A

86 EXHIBIT A

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89 CITY COUNCIL STAFF REPORT
ITEM NO. 6.4

DATE:

April 13, 2026
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution approving Final Parcel Map 11219, authorizing execution of a Subdivision Improvement Agreement for the OMP Oaks Business Park Development located at the south end of Atlantis Court and Challenger Street, and accepting on behalf of the public, all real property offered for dedication within Final Parcel Map 11219 except for certain easements which City Council reserves the right to accept at a future date.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:
1 .

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

Approving Final Parcel Map 11219 for recording;
3 .

Accepting, on behalf of the public, all real property offered for dedication within Final Parcel Map 11219 in conformance with the terms of the offer except for the following, which the Council rejects at this time reserving the right to accept the offer at a future date: Public Utility Easement (P.U.E.), Emergency Vehicle Access Easement (E.V.A.E.) and Trail Easement (T.E.).

DECISION TYPE
Administrative

SUMMARY
Livermore Owner, LP (Developer) has completed a Final Parcel Map and Subdivision Improvement Agreement in conformance with the conditions of approval for Vesting Tentative Parcel Map 11219. Final Parcel Map 11219 consists of two large commercial buildings located at the south end of Atlantis Court and Challenger Street. The proposed Subdivision Improvement Agreement will secure the construction of the public and private improvements. Public improvements include a new multi-use trail, storm drain, water, sewer, and sidewalks. Private improvements include private storm drain, private sewer, utilities, and lighting. Final Parcel Map 11219 can now be approved. All real property offered for dedication on Final Parcel Map 11219 can be accepted at this time except for the following: Public Utility Easement (P.U.E.), Emergency Vehicle Access Easement (E.V.A.E.) and Trail Easement (T.E.), reserving the right to accept the offers at a future date. Parcel Map 11219 consists of development of two major industrial facility buildings and associated parking, lighting, landscaping and other improvements. 90 DISCUSSION
On March 25, 2024, the City Council approved Vesting Tentative Parcel Map 11219 (SUB 21-008), the Development Agreement (DA23-002), and the conditions of approval for the OMP Oaks Business Park development, consisting of two industrial buildings with approximately 1.51 million square feet of industrial development and associated parking, lighting, landscaping, and other improvements located at the south end of Atlantis Court and Challenger Street as shown in the Vicinity Map (Attachment 1). Staff has found the Final Parcel Map 11219 and improvement plans to be in substantial conformance with the conditions of approval for Vesting Tentative Parcel Map 11219. The improvement plans have been approved and are on file with the City Engineer.

The developer, Livermore Owner, LP, is responsible for funding and constructing public and private improvements required for this development. The public improvements include storm drain, water, sewer, sidewalks, and multi-use trails. The private improvements include private storm drain, private sewer, private water, dry utilities, and lighting. 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.

There are private infrastructure improvements, including storm drains, streets, landscaping, utilities, and lighting which will be privately maintained by the property owners. The public improvements for this development include storm drain, water, sewer, sidewalks, and multi-use trails.

Final Parcel Map 11219 includes an offer of dedication for public utilities, an emergency vehicle access easement, and a trail easement. Staff recommends the Council reject the Public Utility Easement (P.U.E.), the Emergency Vehicle Access Easement (E.V.A.E.), and the Trail Easement (T.E.), reserving the right to accept the offers at a future date, after these public improvements have been completed.

FISCAL AND ADMINISTRATIVE IMPACTS

The estimated annual cost for maintenance of public infrastructure, including curb, gutter, sidewalk, paving, sewer, storm, and water is $7,400. $218 of this cost is funded by Wastewater (Fund 620), and $3,072 of this cost is funded by Water (Fund 640). The remaining $4,110 is funded by the General Fund (Fund 100) and other use taxes, which is partially derived from increased property taxes generated from the new development.

Funding for public infrastructure maintenance cost not covered by user fees is provided by the Community Facilities District No. 2021-1 (Maintenance and Services). On September 8, 2025, the Developer annexed into Community Facilities District No. 2021-1. The City will administer CFD No. 2021-1 on an annual basis and will budget for, and manage, the necessary maintenance, operation, and administration. These annual maintenance costs include the offsite trail along the Arroyo Mocho Channel for $3,380. All related expenditures will be paid by the City with special taxes collected in CFD No. 2021-

1. COMMUNITY PILLAR

91 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

1. Vicinity Map

2. Resolution

3. Exhibit A - Final Parcel Map 11219

4. Exhibit B - Subdivision Improvement Agreement

Prepared by: Jarrett Rasmussen
Associate Civil Engineer

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
92 ³

ALL LOCATIONS ARE APPROXIMATE
LEGEND

CITY OF
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93 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING FINAL PARCEL MAP 11219,

AUTHORIZING EXECUTION OF A SUBDIVISION IMPROVEMENT

AGREEMENT FOR THE OMP OAKS BUSINESS PARK

DEVELOPMENT LOCATED AT THE SOUTH END OF ATLANTIS

COURT AND CHALLENGER STREET, AND ACCEPTING ON BEHALF

OF THE PUBLIC ALL REAL PROPERTY OFFERED FOR DEDICATION
WITHIN FINAL PARCEL MAP 11219 EXCEPT FOR CERTAIN

EASEMENTS WHICH CITY COUNCIL RESERVES THE RIGHT TO

ACCEPT AT A FUTURE DATE

(FINAL PARCEL MAP 11219 – OMP OAKS BUSINESS PARK)

Livermore Owner LP (“Developer”) has presented Final Parcel Map 11 219 (SUB21-008) 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 Parcel Map.

The City Engineer reviewed the Final Parcel Map and certified it as required by the Act and the Livermore Development Code. Additionally, the City Engineer reviewed and approved the staff report concerning the Final Parcel Map and Subdi vision Improvement Agreement which recommends approval.

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

On March 25, 202 4, the City Council approved Resolution No. 2024-044, which, among other things, approved Vesting Tentative Parcel Map 11219 (SUB 21 -008), subject to the conditions of approval . The City Council also adopted Resolution No. 2024-043, where the City Council found that the Final EIR was completed in compliance with the intent and requirements of the California Environmental Quality Act (“CEQA”), CEQA Guidelines, and the City’s local CEQA requirements , and certified the Final EIR .

Any potential impacts to the environ ment that may result due to approval of the proposed Final Parcel Map and Subdivision Improvement Agreement were within the scope of the environmental review approved by Resolution Nos. 2024-044 and 2024- 043.

NOW, THEREFORE, B E IT RESOLVED by the City Co uncil of th e City of Livermore, that because any potential impacts to the environment that may be caused by approval of Final Parcel Map 11 219 and the Subdivision Improvement Agreement were within the scope of the environmental review approved as part of R esolution No. 94 2 RESOLUTION NO. ________
2024-043, the requirements of the California Environmental Quality Act have been satisfied.

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

1. Final Parcel Map 11219, attached hereto as Exhibit A, is approved and al l 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 off ers at a future date subject to Government Code Sections 66477.2 and 7050:

Public Utility Easement, Emergency Vehicle Access Easement, and Trail Easement.

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

3. The City Clerk is directed to execute the certificate attached to the Final Parcel Map 11 219 and affix the Seal of the City and to record the Final Parcel Map 11219, and the Subdivision Improvement Agreement with the County Recorder.

On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on April 13, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Molly O’Toole_________________ Helena Graves Molly A. O’Toole
Acting Assistant City Clerk Assistant City Attorney

Exhibit A – Final Parcel Map 11219
Exhibit B – Subdivision Improvement Agreement
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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:

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 Developer is a sole proprietor, then they must sign “Contractor Release of 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.

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,

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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.

EXHIBIT B

130

CITY COUNCIL STAFF REPORT
ITEM NO. 6.5

DATE:

April 13, 2026
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

A Resolution Initiating and Declaring the Intention to Order the Annexation of the Shea Aura (Tract 8612) Project to City of Livermore Landscape Maintenance District No. LL- 857 (Tract 7610), Montage.

RECOMMENDED ACTION

Staff recommends the City Council take the following actions:

1 .

Accept the petition from the property owner requesting the Initiation and Declaring the Intention to annex Shea Aura (Tract 8612) Project, located at the southeast corner of Isabel Avenue and Portola Avenue, into City of Livermore Landscape Maintenance District No. LL-857, to finance certain maintenance, services; and
2 .

Adopt a resolution initiating and declaring the Intention to Order the Annexation of the Shea Aura (Tract 8612) Project to City of Livermore Landscape Maintenance District No. LL-857 (Tract 7610), Montage and call for a public hearing on June 8, 2026, to consider the annexation.

DECISION TYPE
Administrative

SUMMARY
Tentative Tract Map 8612 (Shea Aura) was approved by City Council on July 8, 2024. The project was conditioned to annex into City of Livermore Landscape Maintenance District No. LL-857 to provide funding for the maintenance of public amenities installed by Shea Homes, Inc., for the Montage and Sage subdivisions.

To meet this condition of approval for Tract Map 8612, the property owner, Shea Homes, Inc., has submitted a signed petition (Attachment 1) and consents to the annexation of Tract 8612 (Shea Aura) into City of Livermore Landscape Maintenance District No. LL-857 (LMD). The amended boundary of the district is shown in Attachment 2.

Under the Landscaping and Lighting Act of 1972, a Resolution Initiating Annexation and Declaring the 131
Intention must be adopted to establish the public hearing date for district annexation. The Resolution Initiating Annexation and Declaring the Intention describes maintenance services provided by City of Livermore Landscape Maintenance District No. LL-857. The resolution also establishes the Public Hearing date of June 8, 2026, for the annexation. The Public Hearing allows for public protest of the annexation into the district and enables the City Council to conduct a landowner election. Following the public hearing the City Council will tabulate ballots received for the landowner election. If the assessment ballot tabulation is favorable, the City Council may adopt a Resolution Ordering Annexation to annex Tract 8612 (Shea Aura) into City of Livermore Landscape Maintenance District No. LL-857 and authorize the City Manager to levy the assessment in perpetuity each year based on the rate and method set within the Engineer’s Report for the LMD.

With the annexation of Tract 8612 (Shea Aura) into City of Livermore Landscape Maintenance District No. LL-857, the residential units within Tract 8612 will provide their pro-rata share of maintenance funds for the public median landscaping, parks, trails, and irrigation as defined within the Engineer’s Report.

DISCUSSION
Development projects with new public amenities such as trails, landscaping, and other public infrastructure are required, through conditions of approval, to provide for the long-term maintenance of the new public infrastructure.

Tentative Tract Map 8612 (Shea Aura), located at the southeast corner of Isabel Avenue and Portola Avenue, was conditioned to annex all new parcels into LMD LL-857 to finance the maintenance and operation of the median landscaping within the public right-of-way on Portola Avenue east of Campus Hill Drive, Cayetano Park area east of Campus Hill Drive, the multi-use trail along Campus Hill Drive and adjacent to the northern property line of Tract 7610, the multi-use trail extending from Collier Canyon Creek to just south of the Portola Avenue overcrossing, median landscaping within the public right-of- way on Campus Hill Drive, and irrigation along west side of Campus Hill Drive.

City of Livermore Landscape Maintenance District No. LL-857 was formed on June 6, 2006, to provide funding for the maintenance of public landscape amenities installed by Shea Homes, Inc., for Tract 7610 Montage, Tract 8121 Sage and Tract 8216 Sage filed in 2015 and 2016, respectively. At the time of district formation, only land that was zoned for residential development was included in the district boundary. The land on which Shea Aura (Tract 8612) is situated, which is adjacent to the City of Livermore Landscape Maintenance District No. LL-857 boundary, was excluded because the land was originally zoned for commercial development back in 2006. With the approval of the Isabel Neighborhood Specific Plan in 2020, the land was rezoned from commercial to residential use.

Tentative Tract Map 8612 was approved by City Council on July 8, 2024. The project was conditioned to annex into City of Livermore Landscape Maintenance District LL-857 to provide funding for the maintenance of public amenities installed by Shea Homes, Inc., for the Montage and Sage subdivisions.

In order to fulfill this condition, Shea Homes, Inc., has elected to annex Tract Map 8612 (Shea Aura) into City of Livermore Landscape Maintenance District No. LL-857 pursuant to the Landscaping and Lighting Act of 1972. The amended boundary of the City of Livermore Landscape Maintenance District No. LL- 857 is shown in Attachment 2.

Incidental costs for City administration of the LMD maintenance items, as well as Alameda County's processing fees, will also be funded by the LMD.
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PROCEDURE - INTENT TO FORM

The City's consultant, Francisco and Associates, has prepared the Engineer’s Report for proposed Annexation No. 1 (Shea Aura / Tract 8612) to the City of Livermore Landscape Maintenance District No.

LL-857 (Montage) Engineer’s Report which outlines the estimated costs, rate and method of apportionment, assessment diagram, and assessment roll for the LMD. (See Attachment 3). The law firm of Jones Hall LLP has prepared the legal documents associated with the LMD annexation. Staff has reviewed the Engineer’s Report and legal documents for proposed Annexation No. 1 (Shea Aura / Tract 8612) to City of Livermore Landscape Maintenance District No. LL-857 (Montage), pursuant to which the City will levy the assessments specified in the LMD to pay for the maintenance services described above.

Staff recommends that City Council use the following process to annex Tract 8612 (Shea Aura) into Livermore Maintenance District No. LL-857:

April 13, 2026 - City Council receives the executed petition from the landowner/developer for the proposed annexation into the LMD; petition asks City Council to incorporate Tract 8612 (Shea Aura) into City of Livermore Landscape Maintenance District No. LL-857.

April 13, 2026 - City Council adopts the Resolution Initiating and Declaring the Intention to order the annexation of Tract 8612 (Shea Aura) into City of Livermore Landscape Maintenance District No. LL- 857. This Resolution will set the date, time, and place of the public hearing along with the next City Council agenda item, which is anticipated to be held on June 8, 2026. Prior to the adoption of the Resolution Initiating and Declaring the Intention, the Engineer’s Report must be filed with the City Clerk.

The Engineer’s Report describes the services that will be required to adequately meet the needs of the LMD and estimates the fair and reasonable cost of the services and incidental expenses related to the services, and all other related costs.

Following the adoption of the Resolution Initiating Annexation and Declaring the Intention to Order the Annexation of the Shea Aura (Tract 8612) to City of Livermore Landscape Maintenance District No. LL- 857 (Montage), the Engineer’s Report will be available for public review at City Hall. A mailed notice and ballot will be sent to the respective property owner(s) prior to the City Council public hearing on June 8, 2026.

June 8, 2026 - City Council holds a public hearing and adopts a Resolution Ordering Annexation which annexes Tract 8612 (Shea Aura) into City of Livermore Landscape Maintenance District No. LL-857 and adopts the Engineer’s Report for Annexation No. 1 (Shea Aura / Tract 8612) to City of Livermore Landscape Maintenance District No. LL-857 (Montage). Upon adoption of the Resolution, the City Clerk is directed to file and record the assessment diagram with the City’s Superintendent of Streets and the County’s Recorder office in accordance with the Streets and Highways Code Section 3114. City Council authorizes the City Manager to levy the assessment in perpetuity each year based on the Rate and Method set within the Engineer’s Report for the LMD. After confirmation of the recorded assessment and diagram, the City Clerk shall record a notice of assessment in the County’s Recorder office.

August 10, 2026 is the deadline to file the tax assessment with Alameda County for FY 2026-27.

FISCAL AND ADMINISTRATIVE IMPACTS
133

The City will administer the LMD on an annual basis and will budget for, and manage, the necessary maintenance, operation, and administration. All related expenditures will be paid by the LMD. The total estimated annual cost for maintaining all the items in the Description of Services for the LMD is approximately $688,929.

The FY 2026-27 Maximum Assessment Rate is estimated at $573 per residential unit. The Maximum Assessment Rate is determined by dividing the total estimated annual cost by the number of units within the assessable LMD parcels. The maximum assessment rate will escalate annually each February 1 based upon the prior calendar year's change in the Consumer Price Index (CPI) - All Urban Consumers (San Francisco-Oakland-Hayward) plus one percent (CPI +1%). There will be a total of 1,204 units in the LMD consisting of 1,040 existing units in Sage and Montage and 164 new units in Shea Aura. Adding the new units in Shea Aura will reduce the annual assessments for the existing units.

COMMUNITY PILLAR

2: Economy That Prospers

GOAL

4: Implement the Isabel Neighborhood Specific Plan

ATTACHMENTS

1. Landowners Petition (Signed)

2. Amended Assessment Diagram

3. Annexation No. 1 to the Engineer's Report

4. Resolution

5. Exhibit A - Description of Services

Prepared by: Leo
Sum
Assistant Civil Engineer

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
134

135

136

137
138

CITY OF LIVERMORE
Landscap
e Maintenance District No. LL-857
(Montage)
ENGINEER’S REPORT
Annexation No. 1 (Shea Aura / Tract 8612)
and
Assessments
for
FISCAL YEAR 2025-26
ATTACHMENT 3
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LMD No. LL-857 Annexation No. 1 (Shea Aura/Tract 8612)
Fiscal Year 2025-26 Engineer’s Report CERTIFICATES
-i-
Page No.

Certificates .................................................................................................................. ..... ii SECTION I In troduction ............................................................................................. 1

SECTION II
Impacts of Proposition 218 ...................................................................... 3 SECTION III Engineer’s R eport ................................................................................... 5 Part A - Plans and Specifications ......................................................................... 7 Part B - Estimate of Cost .................................................................................... 10 Part C - Assessment District Diagram ................................................................ 12 Part D - Method of Apportionment of Assessment .............................................. 14 Part E - Property Owner List & Assessment Roll ................................................ 21 Appendix A – City Parks System Benefit Diagram ...................................................... A-1 Appendix B – Fiscal Year 2025-26 Assessment Roll .................................................. B-1 ATTACHMENT 3
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LMD No. LL-857 Annexation No. 1 (Shea Aura/Tract 8612)
Fiscal Year 2025-26 Engineer’s Report CERTIFICATES
-ii-

ENGINEER'S REPORT

CITY OF LIVERMORE
ENGINEER’S REPORT FOR THE CITY’S
LANDSCAPE MAINTENANCE DISTRICT NO. LL-857
ANNEXATION NO. 1 (SHEA AURA / TRACT 8612)
Fiscal Year 2025-26
The undersigned, acting on behalf of the City of Livermore, respectfully submits the enclosed Engineer’s Report as directed by the City of Livermore City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and provisions of the Landscaping and Lighting Act of 1972 (Section 22500 et. seq. of the California Streets and Highways Code). The unders igned certifies that he is a Professional Engineer, registered in the State of California.

Joel Waxdeck, P.E., City Engineer
RCE No. 49965
Dated: By: __________________________
I HEREBY CERTIFY that the Engineer's Re port, together with the Assessment Roll and

Assessment District Diagram thereto attached were filed with me on the day of _________, 2026.

City Clerk
City of Livermore
Alameda County, California
By:___________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the A ssessment
Roll and the Assessment District Diagram thereto attached, were approved, and confirmed by the City Council of the City of Livermore, Alameda Count y, California, on the day of _________, 2026.

City Clerk
City of Livermore

Alameda County, California
By:____________________________
ATTACHMENT 3
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LMD No. LL-857 Annexation No. 1 (Shea Aura/Tract 8612) SECTION I Fiscal Year 2025-26 Engineer’s Report INTRODUCTION
-1-

SECTION I
INTR

ODUCTION
ENGINEER’S REPORT

CITY OF LIVERMORE
LANDSCAPE MAINTENANCE DISTRICT NO. LL-857
(MONTAGE)1
ANNEXATION NO. 1 (SHEA AURA/TRACT 8612)
FISCAL YEAR 2025-26
To ensure the proper flow of funds for the ongoing operation, maintenance, servicing and replacement of specific improvements within th e City of Livermore (t he “City”), the City Council, through the Landscaping and Lighting Act of 1972, has previously approved the formation of Landscape Maintenance District (“LMD”) No. LL-857 (the “District”) which is currently comprised of Tracts 7610, 8121, and 8216 containing a total of 1,040 single- family residential units. The City is pr oposing to annex another 164-unit development located near the southeast corner of Is abel Avenue and Portola Avenue known as the Shea Aura development into the District (“Annexation No. 1 (Shea Aura/Tract 8612)”), which is the purpose of this Report.

As set forth in the Fiscal Year 2025-26 Landscape Maintenance District Consolidated Engineer’s Report, improvements, which may be operated, maintained, serviced and replaced by the District, include, but are not limited to:

Landscaping, parks, open space, trails, and associated appurtenant improvements.

Generally, as a part of the c onditions of approval to devel op property within the City, property owners and developers are required to mitigate their project’s financial impact to the City. Developers can provide their own financing mechanism to mitigate their impacts, form a new LMD, or, when appli cable, annex into an existing LMD. The formation of a new LMD or annexation into an existing LMD ens ures that the operat ion, maintenance, servicing, and replacement costs of these improvements are specifically paid for by those property owners who directly benefit from the improvements.

If Annexation No. 1 (Shea Aura/Tract 8612) is approved, the Shea Aura development will be included in the District with the existing developments already wit hin the District. In order to annex the Shea Aura development into the District, the annexation will need approval from the owner of the annexing property prior to final approval from City Council.

This process is discussed in Section II, ‘Impacts of Proposition 218’ of this Report. 1 The District was established as City of Livermore Maintenance District No. LL-857 (Tract 7610) Montage, but the City refers to it as City of Livermore Landscape Maintenance District No. LL-857 (Montage), and this Engineer’s Report is consistent with the City’s current practice.

ATTACHMENT 3
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LMD No. LL-857 Annexation No. 1 (Shea Aura/Tract 8612) SECTION I Fiscal Year 2025-26 Engineer’s Report INTRODUCTION
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As required by the Landscaping and Lighting Act of 1972, the Engineer’s Report includes:
(1) a description of the impr ovements to be operated, main tained, and serviced by the District, including the annexing pr operty, (2) a cost estimate for the District, and (3) a listing of the proposed Fisca l Year 2025-26 assessments to be levied upon each assessable lot or parcel within the annexing property.

The City of Livermore has sc heduled a Public Hearing on J une 8, 2026, to consider the proposed annexation of t he Shea Aura development into the District as Annexation No. 1 (Shea Aura/Tract 8612).

At the Public Hearing, the City will provide an opportunity for any interested person to be heard. After the public input portion of the Public Hearing, the City Clerk will tabulate the assessment ballots. If the assessment ballot tabulation is favorable, the City Council may adopt a resolution annexing the Shea Aura dev elopment into the District as Annexation No. 1 (Shea Aura/Tract 8612) and confirming the maximum assessment rates as originally proposed or as modified.

Payment of these annual assessments for each parcel will be made in the same manner and at the same time as paym ents are made for their annua l property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.

ATTACHMENT 3
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LMD No. LL-857 Annexation No. 1 (Shea Aura/Tract 8612) SECTION II Fiscal Year 2025-26 Engineer’s Report PROPOSITION 218
-3-

SECTION II
IMPACT OF PROPOSITION 218
LANDSCAPE MAINTENANCE DISTRICT No. LL-857
(MONTAGE)
ANNEXATION NO. 1 (SHEA AURA/TRACT 8612)
FISCAL YEAR 2025-26
On November 5, 1996, California voters approved Proposition 218 entitled "Right to Vote on Taxes Act" which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 established new procedural requirements for the formation and administration of assessment districts.

These procedures establish that even if assessments are initially exempt from Proposition 218, future increases in assessm ents must comply with the provisions of Articles XIIIC and XIIID of the California Constitution. However, if an annual escalator to the assessments was included in the original assessment formula, then the assessment would comply with the intent and provisions of Proposition 218.

In order to annex the Shea Aura development into the District, it will require approval from the affected property owner(s) within the annexation area, prior to final approval from City Council. In order to comply with the requirements of Proposition 218, the City of Livermore has implemented the following procedures:
1) The owner of the annexing property will be mailed a ballot to cast their vote either in favor or against the proposed annexation into the District. A notice describing the assessment, the indi vidual property owner’s maximum annual assessment rate, the duration of the assessment, the reason for the assessment, and the basis upon which the assessment is calculated will accompany the ballots.
2) After the close of the public input por tion of the public hear ing, the ballots, which have been returned to the City Clerk, will be tabulated to determine whether a majority protest against the proposed annexation into the District exists.
3) The returned ballots will be tabul ated and weighted based on their proportionate maximum assessment amount.
4) Publicly owned properties must be assessed unless there is clear and convincing evidence that those properti es receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, utility easements, and that portion of public property that is not used for business purposes similar to private residential, ATTACHMENT 3
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LMD No. LL-857 Annexation No. 1 (Shea Aura/Tract 8612) SECTION II Fiscal Year 2025-26 Engineer’s Report PROPOSITION 218
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commercial, industrial and institutional activities. Also exempted from the assessments are private streets, utility easements, HOA common areas (except club houses, community center s, parking lots, etc.) and any other parcels that do not receive a s pecial and direct benefit from the improvements.

Proposition 218 requires all affected property owners to be mailed a notice a minimum of 45 days prior to the Public Hearing. The pr operty owner for the Shea Aura development has waived this 45-day notice period requirement by submitting a signed waiver to the City. After the Public Hearing and ballot tabulation is complete, the City Council may adopt a resolution confirming the maximum assessment rate either as originally proposed or as modified.

ATTACHMENT 3
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LMD No. LL-857 Annexation No. 1 (Shea Aura/Tract 8612) SECTION III Fiscal Year 2025-26 Engineer’s Report ENGINEER’S REPORT -5-

SECTION III

ENGINEER'S REPORT

PREPARED PURSUANT TO THE PROVISIONS OF THE
LANDSCAPING AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), and in accordance with the Resolution of Initiation, which directs the preparation and filing of the Engineer’s Report with respect to the annexing property, adopted by t he City Council of the City of Livermore, on April 13, 2026, and in connection with the proceedings for:

CITY OF LIVERMORE
LANDSCAPE MAINTENANCE DISTRICT NO. LL-857
(MONTAGE)
ANNEXATION NO. 1 (SHEA AURA/TRACT 8612)
FISCAL YEAR 2025-26
Hereinafter referred to as the “District", I, Joel Waxdeck, P.E., the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the impr ovements to be financed. by the District, including the annexing property. Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the City of Livermore Engineering Department and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the co st of the proposed im provements, including incidental costs and expenses in connection ther ewith, which is as set forth on the lists thereof, attached hereto, and is on file in the City’s Public Works Department.

PART C: ASSESSMENT DIAGRAM
This part incorporates by reference a diag ram of the District, including the annexation property, showing the exteri or boundaries of the Distric t, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. The diagram has been prepared by the E ngineer of Work and is on file in the Office of the Livermore City Clerk and the Public Works Department. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared.

The Assessor's maps and records are incorporated by reference herein and made part of this Report.

ATTACHMENT 3
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LMD No. LL-857 Annexation No. 1 (Shea Aura/Tract 8612) SECTION III Fiscal Year 2025-26 Engineer’s Report ENGINEER'S REPORT -6-
PART D: METHOD OF APPO RTIONMENT OF ASSESSMENT
This part contains the method of apporti onment of assessments, based upon parcel classification of land within t he District, including the annex ing property, in proportion to the estimated benefits to be received.

PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL
This part contains a list of the Alameda County Assessor’s Parcel Numbers, and the net amount to be assessed upon the annexing property. The Assessment Roll is filed in the Office of the Livermore City Clerk and is incorporated in this Report by reference. The list is keyed to the records of the Alameda C ounty Assessor, which are incorporated herein by reference.

ATTACHMENT 3
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LMD No. LL-857 Annexation No. 1 (Shea Aura/Tract 8612) SECTION III Fiscal Year 2025-26 Engineer’s Report PART A
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PART A

PLANS AND SPECIFICATIONS
The Plans and Specifications set forth in this Part A are consistent with the plans and specifications in the Fiscal Year 2025-26 Landscape Main tenance District Consolidated Engineer’s Report.

The improvements and services authorized by the provisions of the Landscaping and Lighting Act of 1972, being Pa rt 2 of Division 15 of the Streets and Highways Code, commencing with Section 22500 (her eafter referred to as the “1 972 Act”), that may be applicable to the District and its assessments may include one or more of the following definitions:
 “Improvement” means one or any combination of the following:
o The installation or planting of landscaping.
o The installation or construction of statuary, fountains, and other ornamental structures and facilities.
o The installation or construction of public lighting facilities, including, but not limited to, traffic signals.
o The installation or construction of any facilities which are appurtenant to any of the forgoing, or which are necessary or convenient for the maintenance or servicing thereof, in cluding, but not limited to, grading, clearing, removal of debris, the insta llation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
o The installation of park or recreational improvements, including, but not limited to all the following:
o Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage. o Lights, playground equipment, play courts, and public restrooms. o The maintenance or servicing, or both, of any of the forgoing, and of any improvements authorized below.
o The acquisition of land for park, recreational, or open space purposes. o The acquisition of any existing improvement otherwise authorized herein.
o The acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or othe r group events, activities, or functions, whether those events, acti vities, or functions are public or private.

ATTACHMENT 3
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 “Incidental expenses” include all the following:
o The costs of preparation of the r eport, including plans, specifications, estimates, diagram, and assessment.
o The costs of printing, advertising, and giving of published, posted, and mailed notices.
o Compensation payable to the county for collection of assessments. o Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
o Any other expenses incident al to the construction,
installation, or maintenance and servicing of improvements. o Any expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
o Any expenses incidental to the issuance of bonds or notes. o Costs associated with any elections held for the approval of a new or increased assessment.
 “Landscaping” means trees, shrubs, grass, or other ornamental vegetation.  “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and services of any improvement, including:
o Repair, removal or replacement of all or any part of any improvement. o Providing for the life, growth , health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
o The removal of trimmings, rubbish, debris, and other solid waste. o The cleaning, sandblasting, and painting of wa lls and other improvements to remove or cover graffiti.
 “Public lighting facilities” means all works or improvements us ed or useful for the lighting of any public places, in cluding ornamental stand ards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transfo rmers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances.
 “Service” or “servicing” means the furnishing of:
o Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the li ghting or operati on of any other improvements.
o Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.

ATTACHMENT 3
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LMD No. LL-857 Annexation No. 1 (Shea Aura/Tract 8612) SECTION III Fiscal Year 2025-26 Engineer’s Report PART A
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DESCRIPTION OF DISTRICT IMPROVEMENTS
The improvements, which have been constructed within the City of Livermore, and those which may be subsequently constructed, and will be operated, maintained, and serviced

are generally described as follows:

The construction, operation, maintenance, servicing, and replacement of landscaping lo cated along major and local roadways, trail improvement s, parks and recreational
improvements, and appurtenant improvements located within the public rights-of-way and dedicat ed easements, including but not limited to; personnel, electrical ener gy, utilities such as water, materials, contractual services, and other items necessary for the satisfactory operation of these services and improvements as described below.

The specific list of improvements maintained by the District include s but is not limited to
the following:
 Proportional share of Major Roadway landscaping, including:
o Median landscaping within the public right-of-way on Portola Avenue east of Campus Hill Drive.
 Proportional share of Parks and Trails System, including:
o Cayetano Park area east of Campus Hill Drive, including park amenities such as landscaping, benches, decor ative paving, sculptures, walls, play areas, sports facilities, and seating areas. The District’s contribution shall not exceed $136,096. 88 (Fiscal Year 2025-26 dollars) per year adjusted annually pursuant to Secti on 6.5 of Development Agreement No. 114-97, as amended, between the City and Shea Homes. o Multi-use trail along Campus Hill Drive and adjacent to the northern property line of Tract 7610.
o Multi-use trail extending from Collier Canyon Creek to just south of the Portola overcrossing.
 Local in-tract landscaping, including:
o Median landscaping within the public right-of-way on Campus Hill Drive. o Irrigation along west side of Campus Hill Drive.

ATTACHMENT 3
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LMD No. LL-857 Annexation No. 1 (Shea Aura/Tract 8612) SECTION III Fiscal Year 2025-26 Engineer’s Report PART B
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PART B

ESTIMATE OF COST
The 1972 Act requires that a sp ecial fund be set up for the collection of revenues and expenditures of the District. T he 1972 Act provides that the total cost of construction, operation, and maintenance and servicing of the public landscaping, streetlighting, parks, trails, and open space improvements can be recovered by the District. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the construction, operation, and maintenance and servicing of the District can also be included.

Revenues collected from the assessment s shall be used only for the expenditures described in Part A of this Report. A contribut ion to the District by the City may be made to reduce assessments as the City deems appropriate. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year unless the funds are being accumulated for future capital improvements or operating reserves.

A summary of the estimated District revenues and cost estimates for Fiscal Year 2025- 26 is shown in the table below. The cost esti mate set forth below is consistent with the cost estimate in the Landscape Maintenance District Consolidated Engineer’s Report and represents the proportionate co sts allocable to the Dis trict, including the annexing property.

FY 2025-26 COST ESTIMATE
Landscape Maintenance District No. LL-857 (Montage)
Tracts 7610, 8121, 8216, and 8612
Estimated Operating Expenses Cost Estimate
Proportional Share of Major Roadway Landscaping $180,600 Proportional Share of Parks and Trails System $301,000
Localized Landscaping $12,040
$493,640
Incidental Expenses
City Administration and Personnel $49,364
Materials, Supplies, Equipment, and Contingencies $24,682 County Collection Fees $11,712
$85,758
Total Expenses: $579,398
Reserve Collection: $109,531
Total FY 2025-26 Cost Estimate: $688,929
ATTACHMENT 3
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The purpose of the reserve collection is to ensure the District will have funds available for cashflow purposes and to repair or rec onstruct the improvem ents that are the responsibility of the District.

The recommended operating reserve target is fifty percent (50%) of the projected expenditures for the ensuing fiscal year. Maintaining a fully funded operating reserve eliminates the need for the Cit y to transfer funds from non- District accounts to pay for operational expenses during the first half of t he fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.

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PART C

ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District, including the annexing property, are completely within the boundaries of the City of Livermore. The c onsolidated Assessment Diagram for the District is on file in the Office of the Cit y Clerk and the Public Works Department of the City of Livermore and shown on the following pages of this Report. The Assessor’s Parcel Numbers (“APNs”) and lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report.

ATTACHMENT 3
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ATTACHMENT 3
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LMD No. LL-857 Annexation No. 1 (Shea Aura/Tract 8612) SECTION III Fiscal Year 2025-26 Engineer’s Report PART D
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PART D

METHOD OF APPORTIONMENT OF ASSESSMENT
The Method of Apportionment of Assessment set forth in this Part D is consistent with the method set forth in the Fiscal Year 2025-26 Landscape Maintenance District Consolidated Engineer’s Report; the method is equally applic able to the properties currently in the District and the annexing property.

Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establis hment of assessment district s by public agencies for the purpose of the construction, operation, maintenance, servicing, and replacement of public landscaping, streetlighting, parks, trails, and open space improvements.

Section 22573 of the 1972 Act r equires that assessments must be levied according to benefit rather than assessed property values. This Section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements.”
As a benefit-based assessment, parcels receiving benefit from improvements maintained by the District are subject to an assessment and will not be exempted if benefit is received.

The improvements provided by the District and for which properties will be assessed have been identified as necessary, required and/or des ired for the orderly development of the properties within the District to their full potential, consistent with the development plans and applicable portions of the City’s General Plan. Therefore, the improvements and the annual costs of ensuring the maintenance and operation of the improvements are a distinct and special benefit to the properties within the District. In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property, which must be determined in relationship to the entirety of the maintenance and operation expense of the public improvement. Because assessments are levied on the bas is of benefit, they are not considered a tax, and therefore, are not governed by Article XIIIA of the California Constitution.

The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degr ees of benefit from th e improvements" (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax."`
Article XIIID provides that publicly owned properties must be assessed unless there is clear and convincing evidence t hat those properties receive no special benef it from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public driv es, public courts, public alleys, public ATTACHMENT 3
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easements and rights-of-way, pu blic greenbelts and public parkways (all of which are typically not assigned an APN by the County), and that portion of public property that is not developed and used for business purposes sim ilar to private commercial, industrial, and institutional activities (such as office bu ildings like a City Hall, etc.). Also exempted from the assessment would be utility rights-of-way, common areas (such as in condominium complexes), and any other proper ty that is deemed undevelopable by the City. These types of parcels do not benefit from the improvements.

QUANTIFICATION OF BENEFIT
The District provides a funding source for
the operation, maintenance, servicing, and
replacement of the public l andscaping, streetlighting, parks, trails, and open space improvements authorized under the 1972 Act and benefit properties within the boundaries of the District.

In order for the City to quantify and separate the general benefit to the public at large versus special benefits conferred to property by each improvement type, an analysis of each improvement was conducted. The analysis reviewed the location, purpose, and utilization of each improvement, and then identified the properties that benefit from the improvement both within and outside the City and within and outside the District, and then allocated the costs to operate, maintain, service, and replace each improvement to each benefitting property within the District.

Because general benefits to the public at large are not assessable, any costs attributed to general benefits or spec ial benefits assigned to properties that are not within the District are to be paid for by the City. Only the costs attributed to the special benefits conferred on property within the District from the authorized improvements are assessed herein. A summary of the benefit analysis by improvement type is described below.

BENEFIT DETERMINATION FOR MA JOR ROADWAY LA NDSCAPING AND

STREETLIGHTING
City major roadways provide reliable access to all areas of the City and therefore confer a
special and direct benefit to all properties within City limits. The special and direct benefit conferred on properties withi n the City from roadside and median landscaping and streetlighting located along City major roadways consists of the following:
 Enhanced desirability of property through association with the improvements.  Improved aesthetic appeal of properties providing a posit ive representation of the area and properties.
 Enhanced quality of life through well-maintained green space and landscaped areas.
 Reduced criminal activity and property -related crimes (especially vandalism) against properties through well-maintained surroundings and amenities including abatement of graffiti.
 Environmental enhancement through impr oved erosion control, dust and debris control, and fire prevention.

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 Improved traffic circulation and reduced nighttime accidents and personal property loss.
 Increased nighttime visibility resulting in enhanced safety on roads and in public areas.

If these landscaping and streetlighting improvements were not installed, properties in the City would not be as appealing to property owners, patrons, and prospective buyers which would adversely affect the desirability of property. Therefore, the landscaping and streetlighting improv ements located along City major roadways provide a specific enhancement to property values in the City and not a general enhanc ement of property values. In addition to the special and direct benefits property owners within the City receive from major roadway landscaping and streetli ghting improvements, t here are also some incidental general benefits received by vehicular and pedestrian flow-through traffic (traffic that does not stop within the City) which originates from properties outside City limits and traverses the City’s major roadway system to travel to another destination outside the City.

Google Maps was utilized to determine if the City’s major roadways are likely to be traversed by people commencing from locati ons outside City limits to access other destinations outside City limits. An analysis of viable routes from all directions was performed using locations outside City limits as a starting point to ending destinations outside City limits. The result s of this analysis confirmed that traversing City major roadways is seldom the preferred route. Vehicular flow-through traffic is much more likely to utilize Interstate 580 and Highway 84 t han City major roadways. However, the Circulation Element of the City’s General Plan (“Circulation Element”) states that City major roadways experience increased traffic w hen there is congestion on Interstate 580.

Per the Circulation Element, an average of 25% of traffic that travels through critical arterial segments near the freeway, including Isabel Avenue, Livermore Avenue, First Street, Vasco Road, and Greenville Road is nonlocal, flow-through traffic. These critical arterial segments represent less than a quarter of the to tal length of the overall major roadway system in the City. Therefore, it is conservatively estimated that 10% of the traffic through the City’s major roadway system is attributed to flow-through traffic and is assigned as general benefit to the public at large and 90% is assigned as special benefit to properties within City limits proportionately. The annual cost to operate, maintain, service and replace major roadway landscaping and st reetlighting improvements is apportioned as follows:
special benefits assigned to properties wit hin the City and not in a City Landscape Maintenance District (LMD), special benefits assigned to properties within the City and in a City LMD, and general benefit at tributed to flow-through traf fic. Therefore, property owners within each of the Cit y’s LMDs, including the Distr ict, will be assessed for their portion of costs attributed to the special benefits conferred to their property from the City major roadway landscaping and streetlighting improvements, and the City will pay for the portion of costs attributed to special benefits assigned to properties within the City and not in a City LMD and the general benefit attributed to flow-through traffic.

BENEFIT DET

ERMINATION FOR PARKS AND TRAILS
The City is served by an extensive network of parks, ranging from large community parks to small neighborhood parks wit h playground sets, and a tra ils system. Existing parks within the City are listed and sh own in Appendix A (City Parks System Benefit Diagram) ATTACHMENT 3
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of this Report. The City owns and operates several of the smaller parks in the City. The Livermore Area Recreation and Parks Distric t (“LARPD”), however, has the primary responsibility to provide, plan for, and maintain parks in the City and the surrounding area.

Community Parks in the City attract property owners and residents from the entire City because they offer a wide variety of amenities and recreational opportunities, including but not limited to, sports fields, tennis courts and aquatic facilities, open play fields, hiking and bicycle trails, playground sets, picnic areas, and space for public events. Also, well maintained Community Parks provide an enhanced desirability of property in the City through association with these facilities. For this reason, the City’s Community Parks are of special and direct benefit to all parcels within the City and gener al benefit is attributed to people coming in from outside of the City to utilize the City’s Community Parks. Per an analysis performed at the time of formation of the City’s Downtown Maintenance District No. 859 determined that 40% of the costs to annually operate, maintain, service and replace the Community Park improvements can be attributed to general benefit. Therefore, the annual cost to operate, maintain, service and replace Community Parks improvements is apportioned as follows: special benefits assigned to properties within the City and not in a City LMD, special benefits assigned to pr operties within the Cit y and in a City LMD authorized to fund parks, special benefits assi gned to properties within the City and in a City LMD not authorized to f und parks, and general benefit a ttributed to utilization of Community Parks by people coming in from outside of the City. Therefore, property owners within each City LMD, including the Distric t, will be assessed for their portion of costs attributed to the special benefits conferred to their property from the Community Parks. The portion of costs attributed to special benefits assigned to properties within the City and not in a City LMD or in a City LMD not author ized to fund parks, and the general benefit attributed to utilization of Community Parks by people coming in from outside of the City will be funded by a non-District assessment revenue source.

Neighborhood Parks are genera lly much smaller than Community Parks with less amenities, limited parking, and little to no visibility to the public at large. Neighborhood Parks provide for more aesthetically pl easing neighborhoods, environmental and health benefits, community gathering places, and an overall improved and healthier community image. If these Neighborhood Park improvements were not inst alled, property nearby would not look as appealing to property owners, prospective property owners, and patrons alike, which would adversely affect the value of their property. Based on Parks and Economic Development Reports published by the American Planning Association, homes adjacent and near parks and open space are typically valued higher than comparable properties, with positive price e ffect declining to ze ro about ½ mile away. Also, property owners and residents located within a ½ mile +/- radius from a Neighborhood Park tend to be the primary users due to co nvenience by proximity. T herefore, Neighborhood Parks provide a special and direct benefit to property located within a ½ mile of a Neighborhood Park or Neighborhood Park components of Community Parks.

Most of the properties in the City are locate d within the ½ mile special benefit radius as shown in Appendix A (City Pa rks System Benefit Diagra m) of this Report. Although determined to be infrequent, it is reasonable to
conclude that some residents who live
outside of the ½ mile radius may utilize the City’s Neighborhood Parks and this benefit must be accounted for and cannot be assigned to properties within the ½ mile special ATTACHMENT 3
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benefit radius. Based on the possibility that users from outside the ½ mile special benefit radius may use the City’s Nei ghborhood Parks, it is cons ervatively estimated that approximately 5% of the cost s to annually operate, maintain , service and replace the Neighborhood Park improvements can be attributed to general benefit. Therefore, the annual cost to operate, maintain, service and replace Neighborhood Parks improvements is apportioned as follows: special benefits assigned to properties not in a City LMD and within a ½ mile radius to a Neighborhood Park or a Neighborhood Park component of a Community Park, special benefits assigned to properties in a City LMD authorized to fund parks and within a ½ mile radius to a Ne ighborhood Park or a Neighborhood Park component of a Community Park, special benefits assigned to properties in a City LMD not authorized to fund parks and wit hin a ½ mile radius to a Neighborhood Park or a Neighborhood Park component of a Community Park, and general benefit attributed to utilization of Neighborhood Parks by people coming in from outside of the ½ mile special benefit radius. Therefore, pr operty owners within each City LM D, including the District, authorized to fund parks will be assessed for their portion of costs attributed to the special benefits conferred to their property from the Neighborhood Parks or a Neighborhood Park component of a Community Park. The portion of costs attributed to special benefits assigned to properties not in a City LMD and within the ½ mile special benefit radius and the general benefit attributed to utilization of Neighborhood Parks by people coming in from outside of the ½ mile special benefit r adius will be funded by a non-LMD assessment revenue source.

BENEFIT DETERMINATION FOR LOCA L IN-TRACT LANDSCAPING AND

STREETLIGHTING
Public landscaping and streetlighting located along local in-tract streets provide a special and direct benefit to parcels within their res pective developments. The special and direct

benefits from in-tract landscaping and street lighting consists of enhanced beautification and safety to entrances and interior of dev elopments. Property owners who reside within these developments realize these enhanced aesthetic and safety benefits when they are entering and exiting the develop ment. If these in-tract l andscaping and streetlighting improvements were not installed, the developments would not look appealing to property owners and prospective property buyers which would adversely affect the value of their property. Therefore, these landscaping and streetlighting improvements provide a specific enhancement to property values and not a general enhancement of property values.

Since in-tract streets withi n developments corresponding to th e District are designed to have minimal flow-through traffic, there are few reasons for vehicles to access the in-tract streets unless their destination is to or from a property within the development. However, it is reasonable to conclude that some vehicular traffic may on a rare occasion utilize the in-tract streets due to the need to turn arou nd or a mistaken turn into the development.

The rare circumstance where a pedestrian or vehicle mistakenly uses the in-tract streets, have been determined to be a rare and infre quent circumstance. Even though these are rare and infrequent circumstances, they must be accounted for and cannot be assessed to the properties within the District. Ther efore, based on flow-through traffic it is conservatively estimated that approximately 98% of the annual trips along local in-tract streets within developments corresponding to the District are of special and direct benefit to the properties within the Dis trict and 2% of the annual trips along local in-tract streets ATTACHMENT 3
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within developments corresponding to the District are of general benefit. Therefore, 2% of the cost to operate, maintain, service and replace in-tract landscaping and streetlighting for the District will be paid by the City and the remaining 98% will be spread proportionately to properties within the District.

ASSESSMENT METHODOLOGY FOR SPECIAL BENEFIT
As certain subdivi
sions have developed and continue to develop throughout the City, they may be annexed into an existing City LMD or a new LMD may be created. Each new subdivision or development is evaluated to determine which improvements are of a specific and direct benefit to the parcels within the subdivision or development and then a determination is made whether to annex them into an existing City LMD or form a new LMD. The parcels, which benefit from the improvements, are then identified and a benefit assessment methodology is developed to alloca te the costs of the improvements to the benefiting parcels.

Since the assessments are levied on the owners of properties as shown on the secured property tax rolls, the final assessments must be assigned by APN. Land use is taken into consideration when allocating assessments bec ause if not considered, benefit would not be allocated accurately. For example, a single-family parcel should not pay the same annual assessment as a 50-unit apartment parcel or a large commercial establishment.

Therefore, as previously stated, the total costs are allocated to each parcel of land based on the share of special benefit received over and above general benefit to the public at large.

Each City LMD is apportioned the special benefit received from landscaping, parks, open space, and streetlighting improvements. Currently, the same land use type comprises each respective City LMD and therefore the assessable parcels within each respective LMD are deemed to receive equal special benefit from the improvements. The annual assessment per parcel for residential properties, the annual assessment rate per unit for apartment properties, and the annual assessment rate per acre for non-residential properties is calculated by dividing the total estimated costs and reserve collection for the ensuing fiscal year assigned to each LMD by the total num ber of parcels (if a residential LMD) or assessable acres (if a non-residential LMD) within each respective LMD.

At build-out, the
District will be comprised of 1,204 single-family residential parcels, including the properties within Annexation No. 1, and the assessment rate per parcel will be the same for all residential parcels in the District.

Publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways (all of which are typi cally not assigned an APN by the County), and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities (such as office buildings like a City Hall, etc.). Also exempted from the assessment would be utility rights- of-ways, common areas (such as in condominium complexes), and any other property that is deemed to be unable to develop by the City. These types of parcels do not benefit from ATTACHMENT 3
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the improvements. Also exem pted from the assessments ar e private streets, utility easements, HOA common areas that do not receive a special and direct benefit from the improvements.

Parcels within the District may be assessed once the final maps have been approved by the City or it is anticipated that improvements will need to be maintained or reserve funds will need to be collected for the ensuing fiscal year. Please refer to the Fiscal Year 2025- 26 Estimates of Cost included in this Repor t for the total calcul ated assessment amount within the District.

FISCAL YEAR 2025-26 MAXIMUM ASSESSMENT RATE AND FUTURE INCREASES The Fiscal Year 2025-26 Maximum Assessment Rate for the District is $572.20 per residential unit. This maximum rate will be adjusted by the formula described below commencing Fiscal Year 2026-27 and all subsequent fiscal years.

The maximum assessment for the District may be adjusted annually by the annual change in the Consumer Price Index (All Urban Co nsumers) published for the San Francisco- Oakland-Hayward Area by the U. S. Bureau of Labor Statistics (“CPI”) for the month of February plus 1%.

APPEAL OF ASSESSMENTS
Any property owner claiming that the amount or application of the special assessment is not correct and requesting a refund, may file a written notice of appeal and refund to that effect with the City’s Public Works Director not later than one calendar year after having paid the special assessment t hat is disputed. The Public Works Director shall promptly review the appeal, and if nece ssary, meet with the property owner, consider written and oral evidence regarding the amount of the special assessment, and decide the appeal. If the Public Works Director’s decision requires that the special assessment be modified or changed in favor of the property owner, a refund shall be made or an adjustment may be made to the next annual special assessment le vy. Any dispute over the decision of the Public Works Director shall be referred to the City Council and the decision of the City Council shall be final. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to any legal action by such owner.

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PART E

PROPERTY OWNER LIST & ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each lot or parcel within the annexing property, are shown on the last equalized Property Tax Roll of the Alameda County Asse ssor, which by reference is hereby made a part of this Report.

This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll, which includes the proposed amount of asse ssments apportioned to each lot or parcel.

The Assessment Roll is on file in the Office of the City Clerk of the City of Livermore.

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Fiscal Year 2025-26 Engineer’s Report APPENDIX A
A-1

APPENDIX A

CITY PARKS SYSTEM BENEFIT DIAGRAM
ATTACHMENT 3
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Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community City of Livermore
City Parks System Benefit Diagram
±
Legend
Community Park
Neighborhood Park
Community Parks Special Benefit Boundary and
Livermore City Limits
Neighborhood Parks Special Benefit Boundary
Community Parks
Bill Payne Sports Park Freisman Park May Nissen Park
Brickyard Park Hansen Park - Rose Garden Mills Square Park Carnegie Park Independence Park - Kellman Fields Ravenswood Park Cayetano Park Lizzie Fountain Park Robert Livermore Park Ernie Rodrigues Sports Park LVC Plaza Robertson Park
Flagpole Plaza Max Baer Park Stockmen's Park
Neighborhood Parks
Al Caffodio Park El Padro Park Park Lane
Almond Park Hagemann Park Pleasure Island Park
Altamont Creek Park Ida Holm Park Portola Glen
Arroyo Park Jack Williams Park Portola Meadows
Big Trees Park John Green Trailhead & Park Quetzaltenango Parkway (3) Bill Clark Park Judy Park Ralph T Wattenburger
Bothwell Arts Center Karl Wente Park Rotary Park
Brisa 1 Lester J Knott Park Shea Sage
Brisa 2 Lincoln Highway Memorial Park Sister City Park
Bruno Canziani Park Livermore Downs Park Sonia Parks
Centennial Park Los Olivos Park Summit Park
Cheryl Park Madeira Park Sunflower Ct Park
Christensen Park Maitland R Henry Park Sunken Gardens
Crater Walkways (2) Marlin Pound Park Sunset Park
Desiree Park Mocho Park Tex Spruiell Park
Detert St & Conway Wy Parks Northfront Trailhead & Park Village Green Park Dolan Park Oak Knoll Pioneer Memorial Park Vista Meadows Park East Ave Greens Oakville Lane Park
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Fiscal Year 2025-26 Engineer’s Report APPENDIX B
B-1

APPENDIX B
FISCAL YEAR 2025-26 ASSESSMENT ROLL
ATTACHMENT 3
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City of Livermore - Landscape Maintenance District No. LL-857 Annexation No. 1 (Shea Aura/Tract 8612) Maximum & Fiscal Year 2025-26 Assessment Roll
(Maximum Assessments shall be Increased by the Prior Year's Change in CPI plus 1% each Fiscal Year) No. of
Residential Maximum FY 2025-26 Property
Parcel No. Units Assessment Assessment* Address
903 -0014-004-00 22 $12,588.40 $2,398.00 PORTOLA AVE
903 -0014-005-00 28 $16,021.60 $3,052.00 PORTOLA AVE
903 -0014-006-00 52 $29,754.40 $5,668.00 PORTOLA AVE
903 -0014-007-00 62 $35,476.40 $6,758.00 PORTOLA AVE
164 $93,840.80 $17,876.00
* The Fiscal Year 2025-26 Assessments have been rounded to the nearest even penny to meet the County of Alameda Auditor-Controller submittal requirements.

ATTACHMENT 3
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1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION INITIATING AND DECLARING THE INTENTION TO
ORDER THE ANNEXATION OF THE SHEA AURA (TRACT 8612)

PROJECT TO CITY OF LIVERMORE LANDSCAPE MAINTENANCE
DISTRICT NO. LL-857 (TRACT 7610), MONTAGE

Under the Landscaping and Lighting Act of 1972, Part 2, commencing with Section 22500, of Division 15 of the California Streets and Highways Code (the “Act”), the City Council (the “Council”) of the City of Livermore (the “City”) is authorized to initiate and declare the annexation of the Shea Aura Project (Tract 8612) to the City of Livermore Landscape Maintenance District No. LL-857 (Tract 7610), Montage (the “District”).

This Council, having received petitions from the owner(s) of the Shea Aura Project, wishes to annex the Shea Aura Project to the District in order to provide funding for the maintenance of public amenities installed by Shea Homes, Inc. in connection with the development of the Montage and Sage subdivisions, among others.

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

1. Formation of the District. On May 8, 2006, the Council adopted Resolution No. 2006 -103, “A Resolution Initiating Formation of and of Intention to Establish a Maintenance District,” and in it designated the City Engineer as the “Engineer of Work ” for the District”) and directed the Engineer of Work to make and file a report in writing all in accordance with and pursuant to the Act”, in and for the District.

On June 26, 2006, the Council held a public hearing and, upon completion of the public hearing, adopted Resolution No. 2006 -153, “A Resolution Ordering the Establishment of a Maintenance District, Adopting Engineer’s Report, Confirming the Levy of the Firs t Assessment and Directing Actions With Respect Thereto,” and in it, among other things, approved the Engineer’s Report in the form on file with the City Clerk and determined that it shall stand as the Engineer’s Report for the District, established the Di strict for the purpose of providing the maintenance activities set forth in the Engineer’s Report, and ordered a copy of the assessment diagram and notice of assessment to be filed and recorded, respectively, in the office of the County Auditor of the County of Alameda.

2. Proposed Annexation. The Council hereby initiates and declares its intention to order the annexation to the District and declares its intention to levy and collect assessments in the District pursuant to the Act.

3. Boundaries. The general location and the proposed boundaries of the area to be annexed to the District are as shown on a map entitled “Amended Assessment Diagram, City of Livermore Maintenance District No. LL -857 (Tract 7610), Montage” on 167
2 RESOLUTION NO. ________
file and open to inspection in the office of the City Clerk. This map indicates by a boundary line the extent of the territory included in the District and the area to be annexed.

4. Maintenance. The maintenance activities proposed to be financed by the District are described in Exhibit “A” attached hereto and hereby made a part hereof.

5. Engineer’s Report. The City Engineer is hereby designated as the Engineer of Work for the District. The Engineer of Work has caused to be prepared a report, under the Act (the “Engineer’s Report”) and has filed the Report with the City Clerk.

The Report has been duly consid ered by this Council with the aid of City Staff, and is hereby deemed sufficient and preliminarily approved and shall stand as the Engineer's Report for all subsequent proceedings for the annexation to the District. Reference is hereby ma de to the Engineer’s Report for a full and detailed description of the improvements, the boundaries of the District, the area to be annexed and the proposed assessments upon assessable lots and parcels of land within the district.

6. Public Hearing. Pursuant to the Act, this Council hereby orders that a public hearing shall be held before this Council, in the regular meeting place thereof, City Council Chambers, 1016 S. Livermore Avenue, Livermore, California, on Monday, June 8, 2026, at the hour of 7:00 p.m. for the purposes of this Council’s determination whether the public interest, convenience , and necessity require the maintenance assessments, whether the properties in the area to be annexed to the District are specially benefited by the maintenance activities, the tabulation of special assessment ballots , and the determination of the existence of any majority protest and this Council’s final action upon the Engineer’s Report and the assessments therein. The public hearing may be continued from time to time as determined by the Council.

7. Mailed Notices. The City Clerk is hereby authorized and directed to cause notice of the hearing herein ordered to be given by mailing, postage prepaid, in the United States mail, and such notice shall be deemed to have been given when so deposited in such mail. The envelope or cover of the mailing shall include the name of the City and the return address of the City Clerk as the sender. The mailed notice shall be given to all property owners within the area to be annexed to the District as shown in the Engineer’s Report by such mailing by name to those persons whose names and addresses appear on the last equalized assessment roll of the County of Alameda or the State Board of Equalization assessment roll, as the case may be. The amount of the proposed assessment for each parcel shall be calculated and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire District, including the area to be annexed to the District, the amount chargeable to the owner’s particular parcel, the anticipated duration of payments for the assessment, the reason for such assessment and the basis upon which the amount of the proposed assessment was calculated. Each such mailed notice to owners shall contain a ballot which includes the City’s address for receipt of completed ballots showing the owner’s name, identification of the parcel and support or opposition to the proposed assessment. Each notice shall include, in a conspicuous place, a sum mary of the procedures applicable to the completion, return and tabulation of ballots, including a 168
3 RESOLUTION NO. ________
disclosure that the existence of a majority protest (whereby ballots submitted in opposition exceed those submitted in favor of the assessment, with ballots weighed according to proportional financial obligation of the affected property) will result in the assessment not being imposed. The notice herein provided shall be mailed not less than forty -five (45) days before the date of the public hearing ordered herein, unless such time period is waived by the property owners within the area to be annexed to the District.

8. Ballots. Ballots shall be received up to the time of the closing of the public hearing. Ballots that are not signed, or not marked or defaced shall not be accepted.

9. Information. To get additional information about the assessments or the District, contact Leo Sum , Engineering Division, 1052 South Livermore Avenue, Livermore, California, 94550, Telephone: (925) 960 -4500. The Engineer’s Report and other written material about the Assessment District may also be reviewed at the City Clerk’s Office, City Hall, 1052 South Livermore Avenue, Livermore, California, during regular City business hours.

10. Special Counsel. The law firm of Jones Hall LLP, San Francisco, California, is appointed and employed to do and perform all legal services required in the conduct of these annexation proceedings, including the preparation of all papers not required to be prepared by the E ngineer, examining and approving the engineering documents as to legal sufficiency and advising the Engineer in the preparation of his work, advising all officials of the City on all matters relating thereto when called upon; and that the law firm's compensation for these services shall be as established by a separate agreement, the form of which is on file with the City Clerk and which is hereby approved for execution by and on behalf of the City.

On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on April 13, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ _____
Helena Graves Kimberly D. Cilley
Acting Assistant City Clerk City Attorney

Exhibit A – Description of Services

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Rev. 04.2025 1 RESOLUTION NO. ________

EXHIBIT A

CITY OF LIVERMORE
Maintenance District No. LL-857
(Tract 7610), Montage

DESCRIPTION OF SERVICES

The assessments in the above district shall be levi ed for the following, and shall include all incidental expenses, including administration, legal, collection and contracting:

The construction, operation, maintenance, servicing, and replacement of landscaping located along major and local roadways, trail improvements, parks and recreational
improvements, and appurtenant improvements located within the public rights-of-way and dedicated easements, including but not limited to; personnel, electrical energy, utilities such as water, materials, contractual services, and other items necessary for the satisfactory operation of these services and improvements as described below.

The specific list of improvements maintained by the District includes but is not limited to the following:

• Proportional share of Major Roadway landscaping, i ncluding:
o Median landscaping within the public right-of-way on Portola Avenue east of Campus Hill Drive.
• Proportional share of Parks and Trails System, inc luding:
o Cayetano Park area east of Campus Hill Drive, incl uding park amenities such as landscaping, benches, decorative paving, sc ulptures, walls, play areas, sports facilities, and seating areas.
o Multi-use trail along Campus Hill Drive and adjace nt to the northern property line of Tract 7610.
o Multi-use trail extending from Collier Canyon Cree k to just south of the Portola overcrossing.
• Local in-tract landscaping, including:
o Median landscaping within the public right-of-way on Campus Hill Drive. o Irrigation along west side of Campus Hill Drive.

Together with any and all incidental expenses in connection therewith all as more particularly authorized pursuant to the Landscaping and Lighting Act of 1972.

170

CITY COUNCIL STAFF REPORT
ITEM NO. 6.6

DATE:

April 13, 2026
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing the execution of the First Amendment to the Standard Services Agreement with the Alameda County Social Services Agency to provide Winter Relief Services for people experiencing homelessness in the amount of $332,200.

RECOMMENDED ACTION

Staff recommends that the City Council adopt a resolution:

1 .

Authorizes the City Manager, or her designee, to execute the First Amendment to the Standard Services Agreement for the Winter Relief Services for People Experiencing Homelessness Program with Alameda County, attached hereto as Exhibit A, to extend the term of the agreement through May 31, 2028, increase the amount to $332,200, and to approve any necessary supplemental appropriations to expend the Winter Relief funds; 2 .

Authorizes the City Manager, or her designee, to execute any subsequent amendments to the Standard Services Agreement with the County of Alameda that extend the term of the Standard Services Agreement beyond May 31, 2028, increase the not-to-exceed amount for funds received under the Standard Services Agreement, and approve necessary supplemental appropriations to expend the Winter Relief Funds; and
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 attached hereto as Exhibit A.

DECISION TYPE
Administrative

SUMMARY
The City of Livermore receives funding from Alameda County Social Services Agency (ACSSA) and partners with CityServe of the Tri-Valley to provide services for the Winter Relief Program, offering emergency hotel accommodation and care coordination for individuals and families experiencing homelessness during the winter months. On November 1, 2024, the ACSSA and the City of Livermore executed the Standard Services Agreement to provide Winter Relief Services for people experiencing 171
homelessness. The original agreement was set to expire May 31, 2025, with a not-to-exceed amount of $80,000. The funds were fully expended. On November 18, 2025, the Alameda County Board of Supervisors approved the First Amendment to the original agreement. The proposed First Amendment to the Agreement with the ACSSA extends the term of the agreement through May 31, 2028, and increases funding to $332,200 to continue providing Winter Relief services. The amendment includes services to assist clients with CalFresh applications and renewals. Staff recommends authorizing the execution of the First Amendment to the Standard Services Agreement with the Alameda County Social Services Agency to provide Winter Relief Services for People Experiencing Homelessness in the amount of $332,200, and approving any necessary supplemental appropriations to expend the Winter Relief funds

DISCUSSION
Beginning in 2010, the Alameda County Community Development Agency’s Housing and Community Development Department (HCD) partnered with the cities of Alameda, Berkeley, Fremont, Livermore, Oakland and their non-profit partners to provide valuable and necessary Winter Relief services to the most vulnerable unhoused population during the winter months. The Winter Relief program provides short-term motel vouchers, mobile street outreach, intensive case management, nutritional support, and the distribution of warm clothing to ensure the safety and health of clients during the winter.

On November 1, 2024, the Alameda County Social Services Agency (ACSSA) and the City of Livermore executed the Standard Agreement to provide Winter Relief Services for people experiencing homelessness in the amount of $80,000. On November 18, 2025, the Alameda County Board of Supervisors approved the First Amendment to the Standard Agreement. The following updates to the First Amendment to the Agreement were approved:

Extend the Term through May 31, 2028
Increase Funding to $332,200, allocated as follows:

FY 2025/26: $80,000
FY 2026/27: $84,000
FY 2027/28: $88,200
Expand outreach and case management services to include CalFresh application assistance

On November 19, 2025, the City and CityServe executed a Services Agreement for $80,000 to begin providing 2025-2026 Winter Relief services proactively in response to inclement weather conditions, pending the anticipated approval and execution of the First Amendment to the Agreement with the ACSSA. Services commenced in the first week of December 2025, ensuring continuity of Winter Relief operations.

Program Impact and Outcomes
Over the past three winter seasons, the Winter Shelter Relief Program has provided hundreds of hotel nights and intensive care coordination to medically fragile individuals, seniors, families, and veterans during the coldest months of the year. Key outcomes include permanent housing placements, employment assistance, and connections to health and housing resources.

The program provided:
1227 overnight hotel stays for the most vulnerable unsheltered individuals and families during the winter months; and
170 participants were connected to the services coordinators and engaged in a care plan that covered a multitude of aspects, including: basic life needs; vocational and educational training; 172
physical and mental health resources; financial resources; and community resources.

In addition, through the care services provided, over 60 participants gained permanent housing, 10 secured housing vouchers, and all 170 participants restored vital documents and were document-ready for housing. Staff recommends that the City Council authorize the City Manager, or her designee: to execute the First Amendment to the Standard Agreement with the ACSSA to provide Winter Relief Services; and to approve any subsequent amendments to provide Winter Relief Services with the County. The total Winter Relief program budget will be $332,200, including the original $80,000 from the initial agreement and the new allocation.

FISCAL AND ADMINISTRATIVE IMPACTS
The amendment increases the not-to-exceed amount from $80,000 to $332,200 for Fiscal Years 2025- 2028. Funding is provided by ACSSA and will be apportioned across three fiscal years as outlined above. This amendment has no impact on the City’s General Fund.

COMMUNITY PILLAR
1: A Safe Community that Thrives

GOAL

8: Expand and improve access to human services

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement

Prepared by: Natalia Gilina
Management Analyst I

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
173
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF THE FIRST

AMENDMENT TO THE STANDARD SERVICES AGREEMENT WITH

THE ALAMEDA COUNTY SOCIAL SERVICES AGENCY TO PROVIDE

WINTER RELIEF SERVICES FOR PEOPLE EXPERIENCING
HOMELESSNESS IN THE AMOUNT OF $332,200

Since 2021, the City of Livermore has partnered with the Alameda County Social Services Agency (ACSSA) to fund and with the City Serve of the Tri-Valley to operate the Winter Relief Services Program, which has provided emergency hotel accommodations and care coordination for individuals and families experiencing homelessness during the winter months.

The Winter Relief Services Program provides essential services , including overnight hotel stays, inten sive case management, and connections to housing, employment, health, and financial resources. These services result in permanent housing placements, connections to housing vouchers, and resto ration of vital documents for participants engaged in care coordination.

On November 18, 2025, the Alameda County Board of Supervisors approved the First Amendment to the Standard Services Agreement for the Winter Relief Services for People Experiencing Homelessness Program, extending the term through May 31, 2028, increasing the not ‑to‑exceed amount to $332,200, and expanding services to include CalFresh application and renewal assistance.

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

1. Authorizes the City Manager, or her designee, to execute the First Amendment to the Standard Services Agreement for the Winter Relief Services for People Experiencing Homelessness Program with Alameda County, attached hereto as Exhibit A, to extend the term of the agreement through May 31, 2028, increase the amount to $332,200, and to approve any necessary supplemental appropriations to expend the Winter Relief funds;

2. Authorizes the City Manager, or her designee, to execute any subsequent amendments to the Standard Services Agreement with the County of Alameda that extends the term of the Standard Services Agreement beyond May 31, 2028 , increases the not -to-exceed amount for funds received under the Standard Services Agreement , and approves necessary supplemental appropriation s to expend the Winter Relief Funds; and
174
2 RESOLUTION NO. ________

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 attached hereto as Exhibit A.

On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on April 13, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Daniel Gonzales________________ Helena Graves Daniel Gonzales
Acting Assistant City Clerk Assistant City Attorney

175
Procurement Contract No. 27840
1 FIRST AMENDMENT TO STANDARD SERVICES AGREEMENT
This First Amendment to the Agreement (“First Amendment”) is made by the County of Alameda (“County”) and the CITY OF LIVERMORE, (“Contractor”), with respect to that certain agreement entered by them on November 1, 2024 (referred to herein as the “Agreement”), pursuant to which Contractor provides Winter Relief Services for People Experiencing Homelessness services to County.

County and Contractor, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows:

1. Except as otherwise stated in this First Amendment, the terms and provisions of this amendment will be effective as of the date this First Amendment is executed by the County (“Effective Date”).

2. The term of the Agreement is currently scheduled to expire on May 31, 2025. As of the Effective Date, the term of the Agreement is retroactively extended through May 31, 2028.

3. In consideration for Contractor’s additional services, the County shall pay Contractor in an additional amount not to exceed two hundred fifty-two thousand, two hundred dollars ($252,200). As a result of these additional services the not to exceed amount has increased from eighty thousand dollars ($80,000) to three hundred thirty-two thousand, two hundred dollars ($332,200) over the term of the Agreement and any amendments.

4. Paragraph 20 of the Standard Services Ag reement has been amended by changing the shall not exceed amount in the last sentence to $332,200.

5. Exhibit A, Item IX. Contractor Responsibilities, Section 2. b. Outreach and Public Benefits is added to include the following:
b. Contractor shall help individuals and families obtain and maintain food assistance benefits by providing CalFresh program application and renewal assistance.

6. A Revised Exhibit B, Payment Terms, is attached to this First Amendment. The Revised Exhibit B applies prospectively as of the date of this First Amendment.

7. A Revised Exhibit B-1, Program Budget, is attached to this First Amendment. The Revised Exhibit B-1 applies prospectively as of the date of this First Amendment. 







 


 


EXHIBIT A
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Procurement Contract No. 27840
2 8. Attached hereto is Attachment A, Client Grievance Policy.

9. Attached hereto is Attachment B, Language Access Requirements for Contractors.

10. Attached hereto is Attachment C, Confidentiality.

11. Attached hereto is Exhibit C, the current insurance requirements.

12. Attached hereto is Exhibit D, a current Debarment and Suspension Certificate executed by Contractor.

13. Attached hereto is Exhibit E, a current Audit Requirements.

14. Except as expressly modified by this First Amendment, all of the terms and conditions of the Agreement are and remain in full force and effect.








 


 


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Procurement Contract No. 27840
3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment.

COUNTY OF ALAMEDA CITY OF LIVERMORE
By: By:
$dousign:SignHere:pt:Customer1
Signature

Andrea Ford
Name: Name:

Signature
Marianna A Burch

Agency Director
Title: Title:

City Manager
Date: Date: $docusign:DateSigned:pt:Customer1
Approved as to Form:

DONNA R. ZIEGLER, COUNTY COUNSEL
Approved as to Form:

By: _____________________________
City Attorney
By: $ ternalSigner1
______________________________
Samantha Stonework-Hand
Assistant County Counsel
By signing above, the signatory
warrants and represents that he/she
executed this Agreement in his/her
authorized capacity and that by his/her
signature on this Agreement, he/she or
the entity upon behalf of which he/she
acted, executed this Agreement.








 


 


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4 REVISED EXHIBIT B

PAYMENT TERMS
Contracting Department Alameda County Social Services Agency: Department of Workforce Benefits Administration
Contractor Name CITY OF LIVERMORE
Contractor Unique Entity ID HBX8XA2K9ER5
Type of Services Winter Relief Services for People Experiencing Homelessness I. Budget
a. Federal Award Contract Information
xx Total Contract Amount:
$332,200
x Estimated Federal Funding Percentage of Total Contract Amount:
x Estimated State Funding Percentage of Total Contract Amount:
x Estimated Other Funding Percentage of Total Contract Amount:
100%
Estimated Contract Amount per Fiscal Year:

FY 1 ($80,000.00)
FY 2 ($84,000.00)
FY 3 ($88,200.00)
Contractor shall use all payments solely in support of the program budget, set forth as follows:

B. Funded Program Budget – Exhibit B-1
II. County will use its reasonable efforts to make payment to Contractor upon successful completion and acceptance of the services listed in Exhibit A listed within thirty (30) days upon receipt and approval of invoice.

III. Total payment under the terms of this Agreement will not exceed the total amount of $332,200. This cost includes all taxes and all other charges. 







 


 


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5 IV. Budget Revision Procedures:

Contractor shall be reimbursed in accordance with the contract budget as detailed in Exhibit B-1. Any budget adjustments, revisions to the service categories and service units within the contract must be approved by ACSSA Program Department prior to submitting invoices for payment to the County.

Contractor must submit a formal written (via e-mail) request for budget adjustment to [email protected] for any contract budget adjustment with justification for requested expenditure revisions inclusive of specific impacts to current services being delivered. The request will be forwarded to the ACSSA Program Department for approval.

No supplemental billing will be accepted without Contractor’s prior notification and approval by ACSSA Program Department of the need and justification for revisions of the service categories, service units or contract budget (line-items or unit costs).

The County Auditor Controller’s Office will not pay for unauthorized service categories, service units and budget line-items that are revised or rendered by Contractor that are not approved by ACSSA Program Department and/or for claimed services that contract program monitoring findings indicate have not been provided.

V. Invoicing Procedures
A. Invoice Submission Requirements
Invoices will include details of charges billed and a description of work performed in each billing period. Invoices will be sent on a monthly basis (in arrears). The ACSSA Finance Department has established a centralized Payments Unit. Please submit all invoices to Alameda County Social Services Agency (ACSSA) Payables unit through CATS vendor portal; https://alamedacounty.agiloft.com/logins/alamedacounty- login.htm.

This unit will be your point of contact for all payment and invoicing matters. If you need additional assistance, please contact Beverly Warren, Financial Services Officer, at [email protected].

Invoices must contain the following elements:

1. Must be on company letterhead that include s name, address, and contact information.

2. For Community Based Organizations, must be signed by the head of the organization, i.e., Executive Director, CEO, etc.

3. Document must contain the title Invoice.

4. The date of the invoice.








 


 


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6 5. A description of services.

6. The date range for services provided.

7. If needed, itemization of any sales tax and delivery/postage charges.

8. The Purchase Order (PO) number provided by the County.

9. The total amount owed.

10. Remittance instructions/address.

11. A cc indication at the bottom of the invoice with names of people who received courtesy copies.

12. The CEO or Executive Director must be included in the cc.

13. All data as required by your contract, includi ng participant’s full name, addition date, termination date, total addi tions and terminations, applicable charges, type of notification sent, vendor number, payee name, and invoice contract information.

B. Invoicing Instructions
In order for the County to meet year end closing deadlines, Contractors must submit their May invoice and any prior late invoices by June 10. The June invoice must be submitted by July 15.

VI. Funding and Reporting Requirements
Failure to submit the required performance data and/or reports can delay the processing of invoices for reimbursement.

VII. Schedule
Upon notice to proceed from County, Contractor shall perform in accordance with established schedules and all terms of this Agreement.








 


 


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7 REVISED EXHIBIT B-1

PROGRAM BUDGET
City of Livermore Winter Relief Services Program Budget DIRECT COSTS:

FY 25/26
(Year 1)
FY 26/27
(Year 2
with 5%
COLA)
FY 27/28
(Year 3
with 5%
COLA)
Total
PERSONNEL:

Annual
Salary % FTE
Project Manager $0
Outreach/Case Management Services $8,000 $8,400 $8,820 $25,220 Subtotal: $8,000 $8,400 $8,820 $25,220
Fringe Benefits & Rate rate:

SUBTOTAL: $8,000 $8,400 $8,820 $25,220
Program Maintenance and Operations
Staff Mileage $0
Program Supplies/Cleaning Supplies/PPE $0
Staff Cell Phones $0
Technology/HMIS $0
Insurance $0
Client's Food/Meal Supplies $0
Client's Supplies/Transportation $0
Emergency Hotel Stays/Motel Vouchers $72,000 $75,600 $79,380 $226,980 SUBTOTAL: $72,000 $75,600 $79,380 $226,980
TOTAL DIRECT COSTS: $80,000 $84,000 $88,200 $252,200
Indirect (Finance, HR, and Development)
May not exceed 15.0%
GRAND TOTAL $80,000 $84,000 $88,200 $252,200








 


 


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8 Attachment A

CLIENT GRIEVANCE POLICY

WHAT TO DO IF YOU HAVE A GRIEVANCE
If you have a complaint about the performance of CITY OF LIVERMORE staff, and/or you feel you have been treated unfairly, the following are the steps you should take to have your complaint heard:

1. Talk privately to the person with whom you have the problem. We encourage you to try first to work out the problem in an open and informal way.

2. If you do not feel comfortable talking with the person with whom you have the problem, or you do talk with them and are not satisfied with the outcome, you may make an appointment to speak with or submit a written complaint (which may be in your own language) to CITY OF LIVERMORE’s Executive Directoror designee.

If you have good cause to use another medium to communicate your complaint, such as a tape recording, you may do so. The Executive Director or designee shall meet with you or provide you with a written response to your written comp laint within ten (10) working days of the meeting or receipt of your written complaint.

3. Or, if you prefer, you may bypass the above step s and immediately contact the funding agency below:

Alameda County Social Services Agency
Contracts Office
2000 San Pablo Ave., 4th Floor
Oakland, CA 94612
Email: [email protected]
I certify that the information in this document was explained to my satisfaction in my own language and a copy of this form was given to me. I understand that by signing below, I hereby authorize CITY OF LIVERMORE to release all my information pertaining to my grievance to the Alameda County Social Services Agency.

Client´s Name (Printed) Date
Client´s Signature








 


 


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9 ANEXO A

POLITICA PARA QUEJAS DE CLIENTES
QUÉ HACER SI USTED TIENE UNA QUEJA
Si tiene una queja acerca del desempeño del personal de CITY OF LIVERMORE o siente que se le ha tratado injustamente, tendrá que seguir los siguientes pasos para que su queja sea escuchada:

1. Hable en privado con la persona con quien ti ene el problema. Le recomendamos que trate de solucionar el problema de una manera abierta e informal.

2. Si no se siente cómodo hablando con la persona con quien tiene el problema, o habla con esa persona y no está satisfecho/a con los resultados, puede hacer una cita para hablar con el director ejecutivo de CITY OF LIVERMORE o su representante, o enviarle la queja por escrito (la cual puede ser en su propio idioma). Si tiene una buena razón para utilizar otro medio de comunicar su queja, como una cinta de grabación, lo podrá hacer.

El director ejecutivo o el representante se reunirá con usted o le proveerá una respuesta por escrito a su queja en el plazo de diez (10) días hábiles a partir de su cita o de haber recibido su queja por escrito.

3. O, si usted prefiere, puede evitar los paso s previos y contactar, inmediatamente, al siguiente organismo de financiación:

Agencia de Servicios Sociales del Condado de Alameda
Contracts Office
2000 San Pablo Ave., 4th Floor
Oakland, CA 94612
Correo electrónico: [email protected]
Certifico que la información en este documento fue explicada para mi entera satisfacción y en mi propio idioma, y que se me dio una copia de este formulario. Comprendo que al firmar abajo autorizo a CITY OF LIVERMORE a que divulgue a la Agencia de Servicios Sociales del Condado de Alameda toda mi información en relación con mi queja.

Nombre del cliente (en la letra de imprenta) Fecha
Firma del cliente








 


 


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10 Attachment B
(Revised: 08/31/18)

LANGUAGE ACCESS REQUIREMENTS FOR CONTRACTORS
I. The Alameda County Social Services Agency (ACSSA) has developed and adopted a Master Plan on Language Access to ensure its limited-English proficient (LEP) clients are provided with language accessible services and communications. Under the plan’s provisions, community-based organizations (CBOs)/contractors whose services are contracted by the ACSSA:

A. Shall clearly disclose language access cap abilities in relationship to the population served.

B. Shall have a plan in place —available for review upon request by County staff for referring clients whose language needs the contractor can’t accommodate.

C. Shall permit County staff to conduct ongoing monitoring of contracted services for compliance with provisions of the County’s Language Access Plan.

D. Shall provide the County with a list and copies of all printed contract-related marketing/promotional/education-related materials (including languages materials are printed in).

II. The ACSSA shall aid contracted CBOs in expanding language interpretation services through:

A. Providing CBOs/contractors with training, materials and instruction on how to effectively refer LEP clients to appropriate language resources.

B. Including service-marketing plan requirements in requests for proposals (RFPs) and contracts with CBOs that propose to offer language services (including appropriate outreach and notification of programs and services) to the LEP community and customers.

C. Developing a monitoring process of contracted services to ensure high-quality language accessible services are always provided to LEP clients.

D. Providing CBOs/contractors with access to telephone interpreters , a 24-hours-a- day, 365-days-a-year telephone language interpretation service in over 100+ languages — to supplement on-site language access services. 







 


 


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11 Attachment C
CONFIDENTIALITY–CONTRACT PROVISIONS
Confidentiality: Contractor agrees to maintain the confidentiality of any information which may be obtained with this work. Contractor shall comply with whatever special requirements in this regard as are described or referred herein as in Exhibit A to this Agreement. Confidential information is defined as all information disclosed to Contractor which relates to County’s past, present and future activities, as well as activities under this Agreement. Contractor will hold all such information in trust and confidence. Upon cancellation or expiration of this Agreement, Contractor will return to County all written or descriptive matter which contains any such confidential information. County shall respect the confidentiality of information furnished by Contractor to County as specified in Exhibit A or as otherwise provided by law.

Pursuant to contract provisions to protect confiden tial client data file records against any and all unauthorized practices as stated heretofore, the Contractor will:

1. Assume responsibility for all personnel having a ccess to the client list in regard to the confidential nature of client information. Safe guard measures are required to protect civil and criminal sanctions for non-compliance as contained in applicable statutes.

2. Restrict access to client information to t hose authorized employees and officials who require access in the performance of their delivery of services under this contract.

3. Work with the information under the control of authorized personnel in a manner to protect the confidentiality of client data file records and in such a manner to protect against unauthorized retrieval by computer, remote terminals, or any unauthorized means.

4. Use ACSSA confidential client information provided to contractor for the purposes covered under the terms of this agreement. Any and all disclosure of client data file records, transactions or transmissions will be made only with prior written consent and authorization from the ACSSA.

5. Return to ACSSA any and all client confidential information contained in hard copy or computer files/disc generated by this agree ment as required for confidential destruction.

All such files are the legal sole property of the ACSSA.

6. Ensure project compliance with written co rrective action plans as may be mandated by the County.








 


 


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12 EXHIBIT C

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS
Without limiting any other obligation or liability under this Agreement, the Contractor, at its sole cost and expense, shall secure and keep in force during the entire term of the Agreement or longer, as may be specified below, the following minimum insurance coverage, limits and endorsements. The County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. If the contractor maintains broader coverage and/or higher limits than the minimums shown below, the County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County
.

TYPE OF INSURANCE COVERAGES MINIMUM LIMITS
A Commercial General Liability
Premises Liability; Products andCompleted Operations;
Contractual Liability; Personal Injury and Advertising
Liability
$1,000,000per occurrence (CSL)
Bodily Injury and Property Damage
B Commercial or Business Automobile Liability
All owned vehicles, hired or leased vehicles, non-owned, borrowed and permissive uses.Personal Automobile Liability when extended to cover your business is acceptable for
individualcontractors with no
transportation or hauling related activities
$1,000,000per occurrence (CSL)
Any Auto or Hired and Non-Owned
Autos Bodily Injury and Property
Damage
C Workers’Compensation (WC) and Employers Liability
(EL)
As required by State of California
WC: Statutory Limits
EL: No less than $1,000,000 per
accident for bodily injury or disease
D Endorsements and Conditions:

1. ADDITIONAL INSURED: County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees, volunteers, and representatives are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of
both CG 20 10, CG 20 26, CG 20 33, or CG 20 38;
and CG 20 37 if a later edition is used). Auto policy shall contain, or be endorsed to contain additional insured coverage for the County.

2. DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement. In addition, Insurance policies and coverage(s) written on a claims-made basis shall be maintained and evidence of insurance must be provided during the entire term of the Agreement and for at least five (5) years following the later of termination of the Agreement and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement. If coverage is cancelled or non- renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work. Proof of workers’ 







 


 


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13 compensation insurance coverage is not required if contractor provides a signed Workers Compensation Written Declaration of Compliance.

3. REDUCTION OR LIMIT OF OBLIGATION: All insurance policies, including excess and umbrella insurance policies, shall be primary and non-contributory coverage at least as broad as ISO CG 20 10 04 13 as respects the County, its officers, officials, employees, or volunteers. Any insurance or self-insurance maintained by the County, its officers, officials, employees, or volunteers shall be excess of the Contractor’ insurance and shall not contribute with it. Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractor’s contractual obligation to
indemnify and defend the Indemnified Parties.

4. INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with an A.M.

Best Rating of no less than A:VII or equivalent, shall be admitted to the State of California unless otherwise acceptable by Risk Management, and with deductible amounts acceptable to the County.

Acceptance of Contractor’s insurance by County shall not relieve or decrease the liability of Contractor hereunder. Self-insured retentions must be declared and approved. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor. The policy language shall provide or be endorsed to provide, that the self –insured retention may be satisfied by either the named insured or County.

5. SUBCONTRACTORS: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall verify that the subcontractor, under its own policies and endorsements, has complied with the insurance requirements in thisAgreement, including this Exhibit.

6. JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be provided by one of the following methods:

Separate insurance policies issued for each individual entity, with each entity included as a “Named Insured” (covered party), or at minimum named as an “Additional Insured” on the other’s policies.

Coverage shall be at least as broad as in the ISO Forms named above.

Joint insurance program with the association, partnership or other joint business venture included as a “Named Insured”.

7. CANCELLATION OF INSURANCE: Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice of cancellation provided to the County in accordance with policy terms and conditions.

8. CERTIFICATE OF INSURANCE : Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of insurance and applicable insurance endorsements as set forth in the provisions of this Agreement and this Exhibit C, in forms satisfactory to County, evidencing that all required insurance coverage is in effect. However, failure to obtain the required documents prior to the work beginning shall not waivethe Contactor’s obligation to providethem.

The County reserves the right to require the Contractor to provide complete, certified copies of all required insurance policies, including endorsements requiredby these specifications, at any time.

Certificate C-1 Form 2001-1 (Rev. 06/25/18)








 


 


EXHIBIT A
188
Procurement Contract No. 27840
14 EXHIBIT D

COUNTY OF ALAMEDA

DEBARMENT AND SUSPENSION CERTIFICATION
(Applicable to all agreements funded in part or whole with federal funds and contracts over $25,000).

The contractor, under penalty of perjury, certifies that, except as noted below, contractor, its principals, and any named and unnamed subcontractor:
x Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
x Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years;
x Does not have a proposed debarment pending; and
x Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years.

If there are any exceptions to this certification, insert the exceptions in the following space.

For any exception noted, indicate to whom it applies, initiating agency, and dates of action.

Exceptions will not necessarily result in denial of award, but will be considered in determining contractor responsibility.

Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Community Based Organization Master Contract. Signing this Contract on the signature portion thereof shall also constitute signature of this Certification.

CONTRACTOR: CITY OF LIVERMORE
PRINCIPAL: Marianna A. Burch TITLE: City Manager 4:Customer1 SIGNATURE: $docusign:SignHere:2:Customer1 DATE: $docusign:DateSigned:5:Customer1 







 


 


EXHIBIT A
189
Procurement Contract No. 27840
15 EXHIBIT E

AUDIT REQUIREMENTS
The County contracts with various organizations to carry out programs mandated by the Federal and State governments or sponsored by the Board of Supervisors. Under the Single Audit Act Amendments of 1996 (31 U.S.C.A. §§ 7501-7507) and Board policy, the County has the responsibility to determine whether organizations receiving funds through the County have spent them in accordance with applicable laws, regulations, contract terms, and grant agreements. To this end, effective with the first fiscal year beginning on and after December 26, 2014, the following are required.

I. AUDIT REQUIREMENTS
A. Funds from Federal Sources:

1. Non-Federal entities which are determined to be subrecipients by the supervising department according to 2 CFR § 200.331 and which expend annual Federal awards in the amount specified in 2 CFR § 200.501 are required to have a single audit performed in accordance with 2 CFR § 200.514.

2. When a non-Federal entity expends annual Federal awards in the amount specified in 2 CFR § 200.501(a), currently $1,000,000, under only one Federal program (excluding R&D) and the Federal program's statutes, regulations, or terms and conditions of the Federal award do not require a financial statement audit of the auditee, the non-Federal entity may elect to have a program-specific audit conducted in accordance with 2 CFR § 200.507 (Program Specific Audits).

3. Non-Federal entities which expend annual Federal awards less than the amount specified in 2 CFR § 200.501(e), currently $1,000,000, are exempt from the single audit requirements for that year except that the County may require a limited-scope audit in accordance with 2 CFR § 200.503.

B. Funds from All Sources:

Non-Federal entities which expend annual funds from any source (Federal, State, County, etc.) through the County in an amount of:

1. $100,000 or more must have a financial audit in accordance with the U.S.

Comptroller General’s Generally Accepted Government Auditing Standards (GAGAS) covering all County programs.

2. Less than $100,000 are exempt from these audit requirements except as otherwise noted in the contract.








 


 


EXHIBIT A
190
Procurement Contract No. 27840
16 Non-Federal entities that are required to have or choose to do a single audit in accordance with 2 CFR Subpart F, Audit Requirements are not required to have a financial audit in the same year. However, Non-Federal entities that are required to have a financial audit may also be required to have a limited-scope audit in the same year.

C. General Requirements for All Audits:

1. All audits must be conducted in accordance with Generally Accepted Government Auditing Standards issued by the Comptroller General of the United States (GAGAS).

2. All audits must be conducted annually, except for biennial audits authorized by 2 CFR § 200.504 and where specifically allowed otherwise by laws, regulations, or County policy.

3. The audit report must contain a separate schedule that identifies all funds received from or passed through the County that is covered by the audit. County programs must be identified by contract number, contract amount, contract period, and amount expended during the fiscal year by funding source. An exhibit number must be included when applicable.

4. If a funding source has more stringent and specific audit requirements, these requirements must prevail over those described above.

II. AUDIT REPORTS
A. For Single Audits

1. Within the earlier of 30 calendar days after receipt of the auditor’s report or nine months after the end of the audit period, the auditee must electronically submit to the Federal Audit Clearinghouse (FAC) the data collection form described in 2 CFR § 200.512(b) and the reporting package described in 2 CFR § 200.512(c).

The auditee and auditors must ensure that the reporting package does not include protected personally identifiable information. The FAC will make the reporting package and the data collection form available on a web site and all Federal agencies, pass-through entities and others interested in a reporting package and data collection form must obtain it by accessing the FAC. As required by 2 CFR § 200.512(a)(2), unless restricted by Federal statutes or regulations, the auditee must make copies available for public inspection.

2. A notice of the audit report issuance along with a copy of the management letter with its corresponding response should be sent to the County supervising 







 


 


EXHIBIT A
191
Procurement Contract No. 27840
17 department within ten calendar days after it is submitted to the FAC. The County supervising department is responsible for forwarding a copy of the audit report, management letter, and corresponding responses to the County Auditor within one week of receipt.

B. For Audits other than Single Audits
A copy of the audit report package, including all attachments and any management letter with its corresponding response, should be sent to the County supervising department within six months after the end of the audit year, or other time frame as specified by the departmen t. The County supervising department is responsible for forwarding a copy of the audit report package to the County Auditor within one week of receipt.

III. AUDIT RESOLUTION
Within 30 days of issuance of the audit report, the entity must submit to its County supervising department a corrective action plan consistent with 2 CFR § 200.511(c) to address each audit finding included in the current year auditor’s report. Questioned costs and disallowed costs must be resolved according to procedures established by the County in the Contract Administration Manual.

The County supervising department will follow up on the implementation of the corrective action plan as it pertains to County programs.

IV. ADDITIONAL AUDIT WORK
The County, the State, or Federal agenc ies may conduct additional audits or reviews to carry out their regulatory responsibilities. To the extent possible, these audits and reviews will rely on the audit work already performed under the audit requirements listed above.








 


 


EXHIBIT A
192

CITY COUNCIL STAFF REPORT
ITEM NO. 6.7

DATE:

April 13, 2026
TO:

Honorable Mayor and City Council
FROM:

Marianna A. Burch, City Manager
SUBJECT:

Alameda County Operational Area Agreement.

RECOMMENDED ACTION

Staff recommends the City Council ratify the Alameda County Operational Area Agreement.

DECISION TYPE
Administrative

SUMMARY
Alameda County requires jurisdictions within the Alameda County Operational Area to renew their resolution every ten years to maintain participation in the Alameda County Operational Area Emergency Management Organization. The City of Livermore originally entered into this agreement with Alameda County on October 24, 2005, and subsequently renewed the agreement on March 26, 2018, effective May 10, 2016.

DISCUSSION
Due to the potential for a major catastrophe in the Bay Area, whether natural or manmade, public agencies within Alameda County have committed to maintaining a coordinated and prepared emergency response system. This commitment includes the sharing of resources, including facilities, equipment, personnel, and information, among local jurisdictions and with the State of California to protect public health and safety and ensure an efficient and effective response.

This collaborative framework is consistent with the principles of the California Standardized Emergency Management System (SEMS) and is formalized through participation in the Alameda County Operational Area Emergency Management Organization agreement.

FISCAL AND ADMINISTRATIVE IMPACTS

None
193

COMMUNITY PILLAR
1: A Safe Community That Thrives

GOAL
1: Oversee the City's Emergency Preparedness, Management, and Response Efforts

ATTACHMENTS

1. Resolution

2. Exhibit A - Approved Agreement with Board Letter

Prepared by: Herbert Cole
Management Analyst

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
194
Rev. 04.2025 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION RATIFYING AN AGREEMENT FOR PARTICIPATION

IN THE ALAMEDA COUNTY OPERATIONAL AREA EMERGENCY

MANAGEMENT ORGANIZATION

Due to the potential for a major catastrophe in the Bay Area, whether due to a natural or manmade disaster, all government entities within Alameda County have committed to be prepared to share resources and information among themselves and with the State of California to protect public welfare and to ensure maximum efficiency.

This sharing of resources and information is memorialized by an agreement for participation in the Alameda County Operational Area Emergency Management Organization, which was approved by the Alameda County Board of Supervisors on January 2, 2026.

Following approval of the January 2, 2026 agreement, Alameda County requires that jurisdictions ratify their resolution every ten years to participate in the Alameda County Operational Area Emergency Management Organization.

The Livermore City Council previously ratified the May 10, 2016 agreement to participate in the Alameda County Operational Area Emergency Management Organization on March 26, 2018.

NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that the Agreement for Participation in the Alameda County Operational Area Emergency Management Organization, adopted by the Alameda County Board of Supervisors on January 2, 2026 and attached hereto as Exhibit A, for the purpose of greater efficiency and disaster preparedness, response and mitigation involving an emergency, is ratified by the City of Livermore.

On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on April 13, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ _______________________________ Helena Graves Kimberly D. Cilley
195
Rev. 04.2025 2 RESOLUTION NO. ________ Acting Assistant City Clerk City Attorney

196

EXHIBIT A
197

EXHIBIT A
198

EXHIBIT A
199

EXHIBIT A
200

EXHIBIT A
201

EXHIBIT A
202

10. INDEMNIFICATION AND HOLD HARMLESS
Each of the parties agree to indemnify and hold the other parties harmless and waives all claims for compensation for any loss, damage, personal injury, or death incurred in consequences of the acts or omissions of the indemnifying parties' own employees and agents in the performance of this Agreement.

It is the intent of the parties that, where negligence is determined to have been contributory, principles of comparative fault will be followed, and each party shall bear the proportionate costs of any loss, damage, expense, and liability attributable to the party's negligence.

11. SALARIES, EMPLOYMENT AND WORKERS COMPENSATION BENEFITS The salaries, employment and workers compensation benefits of each employee participating in the Operational Area Emergency Management Organization shall be the responsibility of the party employing the individual. It is understood that each party's employees have no rights, benefits, or special employment status conferred by reason of this Agreement.

IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS FOLLOWS:

COUNTY OF ALAMEDA,
a political subdivision of the
::•re;r;;,ro.�
DAVID HAUBERT, President
Board of Supervisors
I hereby certify under penalty of perjury that the President of the Board of Supervisors was duly authorized to e ecut this document on behalf of the County of Alameda by a majority vote of the .

Board on / 1 '.) ; and that a copy has been delivered to the President as provided by Gover ment Code section 25103.

ATTEST: BRITNEY DAVIS
Clerk, Board of Supervisors
Alameda Count , California
By�J�-'-ir--'-..........,'4-'-f----'---!�
Cler
APPROVED AS TO FORM AND CONTENT:

DONNA ZIEGLER
County Counsel
By rc;�(M��
Clay Christianson
Deputy County Counsel
Alameda County Operational Area Agreement Page 5

EXHIBIT A
203

CITY COUNCIL STAFF REPORT
ITEM NO. 6.8

DATE:

April 13, 2026
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution adopting the updated City’s Mortgage Assistance Program Guidelines and appropriating an additional $200,000 for FY 2025-26 and $200,000 for FY 2026-27 from Fund 203 to support issuance of loans for first-time homebuyers.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution approving the updated Mortgage Assistance Program (MAP) Guidelines and appropriating an additional $200,000 for FY 2025-26 and an additional $200,000 for FY 2026-27 from Fund 203 to support issuance of new loans.

DECISION TYPE
Administrative

SUMMARY
The Mortgage Assistance Program (MAP) continues to support the City’s Affordable Homeownership goals by helping income-qualified, first-time buyers to purchase homes. With state down payment assistance funds fully utilized, updating the MAP loan structure will expand access for low-income households, streamline administration, and support long-term affordability. Updates include adding a 30- year deferred-payment loan option to close the affordability gap for low- to median-income buyers and extending the term to a 30-year amortized loan with a maximum of $40,000 for moderate-income buyers who can sustain low monthly payments. Staff recommends allocating an additional $200,000 in both FY 2025-26 and FY 2026-27 to increase the number of MAP loans available each year.

DISCUSSION
The City of Livermore’s Mortgage Assistance Program (MAP) has supported first-time, income-qualified homebuyers for more than twenty years and continues to serve as an important resource to the Affordable Homeownership Program. As most new construction Below Market Rate (BMR) units offered through the Affordable Homeownership program are priced for moderate-income households (120% of Area Median Income), MAP plays a key role in helping lower-income buyers bridge the remaining affordability gap and successfully enter homeownership. Demand for affordable homeownership 204
opportunities remains strong for applicants in the low- (80% of Area Median Income) to median-income (100% of Area Median Income) range. Many low- to median-income applicants need additional downpayment assistance to qualify for a BMR purchase. State-funded down payment assistance programs such as CalHome and BEGIN, which traditionally help fill this gap, are now fully expended, resulting in increased reliance on MAP funds.

The current MAP loan is structured as two 10-year promissory notes, one amortized and one deferred, which adds to the administrative burden to track payments and increases loan servicing costs. Staff recommends changing this structure to a single promissory note at new terms which would be affordable for low- to moderate-income homebuyers. While the amortized payment structure has been affordable for moderate-income homebuyers, offering a deferred payment option could expand the program’s reach to additional low- to median-income households. Adjusting the loan structure would reduce administrative complexity, streamline servicing, and improve long-term affordability.

To strengthen the effectiveness of MAP loans as a resource to the existing Affordable Homeownership Program, staff recommends the following revisions to the loan structure and program design.

Current MAP Terms
New Deferred MAP
Terms
New Amortized MAP
Terms
Area Median Income
Up to 120%
80-100%
100-120%
Interest Rate
3% Annual
3% Annual
3% Annual
Loan Amount
Up to $60,000
Up to $60,000
Up to $40,000
Loan Term
20 years
30 years
30 years
Repayment Terms
10-year amortized
($290/mo.) and 10-year
deferred split
Deferred payment for 30
years
Low monthly payment
($170)

The program’s current annual budget of $300,000 funds five loans at $60,000 each. Staff also recommends allocating an additional $200,000 in both FY 2025-26 and FY 2026-27 to the MAP program.

These funds will enable the City to offer approximately three to five additional loans per year for low- to moderate-income first-time homebuyers.

FISCAL AND ADMINISTRATIVE IMPACTS

The current MAP budget of $300,000 from Fund 203 - Mortgage Assistance Program, is funded through mortgage assistance loan repayments. Allocating an additional $200,000 per fiscal year under the new repayment structure would reduce administrative and loan servicing costs through a streamlined loan structure while also expanding opportunities for BMR homebuyers.

COMMUNITY PILLAR

1: A Safe Community that Thrives

GOAL

7: Expand and preserve the supply of affordable housing opportunities

ATTACHMENTS
205

1. Resolution

2. Exhibit A - MAP Guidelines

Prepared by: Shelly Haynes
Management Analyst II

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
206

1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING THE UPDATED MORTGAGE

ASSISTANCE PROGRAM GUIDELINES AND APPROPRIATING AN
ADDITIONAL $200,000 FOR FY 2025-26 AND AN ADDITIONAL
$200,000 FOR FY 2026-27 FROM FUND 203 TO SUPPORT ISSUANCE

OF NEW LOANS

The Mortgage Assistance Program (MAP) continues to support the City’s Affordable Homeownership Program by helping income -qualified first -time buyers access Below Market Rate units. With state down -payment assistance funds fully utilized, updating the MAP loan structure will expand access for low -income households, streamline administration, and support long -term affordability. Staff recommend updating the loan terms and allocating an additional $200,000 in both FY 2025–26 and FY 2026–27 to increase the number of MAP loans available each year.

NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore that it approves the updated MAP Guidelines and appropriates an additional $200,000 for FY 2025-26, and an additional $200,000 for FY 2026-27 from Fund 203 to support issuance of new loans.

On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on April 13, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Daniel R. Gonzales______________ Helena Graves Daniel R. Gonzales
Acting Assistant City Clerk Deputy City Attorney

Exhibit A – MAP Guidelines
207
+
Ci
ty of Livermore
Mortgage Assistance
Program Guidelines
City of Livermore
Community Development Department
Housing and Human Services Division
1052 S. Livermore Avenue
Livermore, CA 94550
Phone: (925) 960-4580
Web site: www.livermoreCA.gov Revised April 2026

EXHIBIT A
208

City of Livermore
Mortgage Assistance Program Guidelines
City of Livermore Mortgage Assistance Program
Table of Contents
Eligible Uses of Grant Funds.…………………………..……………………. 1
Loan Terms and Requirements ……………………………………………... 1
Maximum Loan Amount
Term
Interest
Payments
Loan Structure
Required Down Payment
Gifted Funds
Secondary Assistance Limit
Security
Repayment, Assumption & Transfer of Interest
Owner Occupancy Requirement
Homebuyer Education Requirement
Applicant Qualifications …………………………………………………..….. 3
First time Homebuyer
Income Limits
Asset Limits
Income Determination
Definitions ………………………………………………………………………. 4
Home Qualifications & Requirements ……………………………………... 6 Eligible Properties
Maximum Sales Price
Appraisal Requirements
Inspections

EXHIBIT A
209

City of Livermore
Mortgage Assistance Program Guidelines
Insurance
Loan Service Fees
Mortgage Qualifications ……………………………………………………… 7
First Mortgage
Combined Loan to Value Limits
Back End Debt to Income Limits
Co-signers
Subordinate Financing Concurrent with MAP
Subordination Terms ………………………………………………………..... 8
Application Process …………………………………………………………… 9
Attachments
HCD Income Inclusions and Exclusions …………………………………… A-1 Form of Promissory Note ………………………………….….…………… A-2
Form of Deed of Trust ……………………………………………………… A-3
Loan Servicing Plan ….………………….…………………………………. A-4
Exhibit 1: Owner Occupancy Certification

EXHIBIT A
210

City of Livermore - Mortgage Assistance Program
P a g e | 1

City Mortgage Assistance Program Guidelines
The City’s Mortgage Assistance Program (MAP) provides secondary down payment and closing cost assistance to income-eligible, first-time home buyers purchasing homes in the City of Livermore. These guidelines shall describe the application process, criteria for determining Applicant eligibility, and loan monitoring requirements through the Program.

These guidelines are subject to final interpretation by the Housing and Human Services Division Manager.

ELIGIBLE USES OF LOAN FUNDS
MAP funds may be used only to purchase a house and to pay for any non-recurring closing costs (not to exceed 5% of the purchase price) associated with purchasing the home. Borrower shall not use loan funds to finance repairs, room additions, or to purchase any non-real property. No cash out at the Close of Escrow is allowed.

LOAN TERMS & REQUIREMENTS
Maximum Loan Amount
Maximum loan assistance amounts are based on the Applicant's household income determination noted below. In addition, the maximum amount to be provided through a homebuyer loan is the lesser of 20% of the purchase price, or the maximum loan assistance amount. MAP Funds are intended to be used as gap funding; therefore, actual loan amounts provided will be based on a total Backend Debt to Income Ratio (DTI) of no less than 30%. Loan amount determination is subject to funds availability.

Maximum Loan Amounts by Household Income Limit:
 Up to $60,000 for ≤100% AMI;
 Up to $40,000 for 100-120% AMI
Term
The term of the MAP loan shall be 30 years.

Interest
Simple interest of three percent (3%) accruing annually over the Term of the Loan.

EXHIBIT A
211

City of Livermore - Mortgage Assistance Program
P a g e | 2
Payments
Low Income and Median Income Households (≤100%AMI): No monthly principal or interest payments are required during the term of the loan (Deferred Payment Loan).

Moderate Income Households (100-120%AMI): Principal and interest payments are due monthly (Amortized Payment Loan).

All Loans: There shall be no prepayment penalty. Payments made shall be applied first toward accrued interest and then toward outstanding principal on the loan.

Amortized Payment Loan Structure
The Borrower shall make equal monthly payments based on the total loan amount.

Example Monthly payment for a $40,000 loan:

Required Down-Payment
The Borrower must provide Seasoned Funds in an amount equal to a minimum of 3% of the purchase price for use as a down payment (not including closing costs). Seasoned Funds must be deposited into escrow and verification must be provided to the City prior to execution of the loan documents.

Gifted Funds
The Borrower may be gifted funds towards the purchase, evidenced by a “gift letter” which must be submitted with the Program Application. Gifted funds are subject to the secondary assistance limit.

Secondary Assistance Limit
The total of Borrower’s down-payment, gifted funds, and all assistance from secondary financing sources (including MAP funds) may not exceed 25% of the purchase price. At the discretion of the Program Administrator, this limit may be increased to enhance affordability for lower-income applicants to meet Backend Debt to Income Ratio limits.

Applicants receiving additional assistance under the CalHome or BEGIN program must meet all applicable state guidelines, including income and underwriting criteria. Where City MAP policies differ, the more restrictive standard shall apply for CalHome and BEGIN-funded transactions.

Amount Borrowed $40,000
Loan Term 30 years
Interest 3% simple, annual
Payment Amount $168.64 monthly

EXHIBIT A
212

City of Livermore - Mortgage Assistance Program
P a g e | 3
Security
Borrowers shall execute a promissory note (“Note”) for the amount of the MAP loan secured by a deed of trust to the property with the City of Livermore as beneficiary. (Attachments 2&3)
Repayment, Assumption & Transfer of Interest Exceptions The full loan amount shall become due and payable upon the earliest of the following:
 Sale, transfer (including lease), or refinance of the property (unless otherwise permitted under the MAP Guidelines);
 The property is no longer used as the borrower’s Primary Residence;  Upon loan maturity at 30 years from the close of escrow (Deferred Payment Loans Only).

Terms are more thoroughly described in the City’s Note. Transfer of interest exceptions that do not require repayment are described in the City’s Note. Assumption of the Note is restricted to eligible borrowers; refer to Attachment 1.

Owner Occupancy Requirement
Borrowers must promise to occupy the Unit as their Primary Residence during the term of the MAP loan. Borrowers shall certify owner occupancy annually by submitting an Annual Compliance Report as defined in the Loan Servicing Guidelines (Attachment 3, Exhibit 1). Failure to maintain the owner occupancy requirement shall be a default of the terms of the City’s Note and result in acceleration of the loan.

Homebuyer Education Requirement
Borrowers must complete 8-hours of homebuyer education from a City-approved homebuyer education provider. The curriculum shall be HUD-approved and will include preparing for homeownership; available financing and credit analysis; loan closing and homebuyer responsibilities; home maintenance; and loan servicing.

Successful completion of the training must be evidenced by a Certificate of Completion which shall be presented as a condition of and prior to issuance of final loan approval by the City.

APPLICANT QUALIFICATIONS
Citizenship
Applicant must be a U.S. citizen or lawfully permitted for permanent residence.

First Time Homebuyer
Applicant must be a First Time Homebuyer which shall be verified through a review of the Applicant’s tax returns and credit report.

Income Limits
Gross Household Income must not exceed 120% of the Area Median Income, (adjusted by household size), which shall be updated annually by the City.

EXHIBIT A
213

City of Livermore - Mortgage Assistance Program
P a g e | 4
When MAP funds are combined with CalHome or BEGIN funding, the household income must not exceed the respective AMIs, adjusted by household size, as published by the HCD.

Asset Limits
Applicants may have no more than twenty-five (25%) percent of the purchase price of the Unit in total liquid assets, excluding pensions and federally approved pre-tax savings accounts. In addition, assets in excess of $5,000 (excluding the amount to be contributed as a down payment and closing costs) shall be subject to an asset income test formula.

Asset income determination shall follow HUD Handbook 4350.3, Chapter 5. The City may require applicants to contribute additional liquid assets above the minimum required down payment before receiving assistance.

Income Determination
Gross Household Income shall be determined based on a 12-month projection of income from the date of Application. Applicants must provide sufficient documentation of income for use in determining the Applicant’s income level. Final determination of an Applicant’s income and program eligibility shall be made by the City.

Initial income qualification will be verified for accuracy based on two or more of the following sources:
a. Pay stubs for three (3) most recent months;
b. Income tax return for the three (3) most recent tax years; c. Bank statements for the three (3) most recent months; d. Credit report*;
e. Verification form from current employers; and/or
f. Income (or unemployment) verification from the Social Security Administration and/or the California Department of Social Services if the household receives assistance from either such agencies, or State EDD; or, another form of independent verification.

The Program Administrator will conduct a final credit and income eligibility verification based on a review of information received from the Applicant’s first lender. Final loan approval will be subject to that review.

Creditworthiness
Applicants must be creditworthy. Credit history will be reviewed. Applicants must have a minimum FICO score of 660*, have no open delinquent or collection accounts, and may not have filed bankruptcy within the last three (3) years.

* Equal Credit Opportunity Act. Under the Equal Credit Opportunity Act (ECOA), Lenders normally are prohibited from requesting disclosure of certain information from an applicant. Under Section 202.5(b0 and 202.89a)(1) and (d) of the ECOA regulations, income information such as child support and alimony, and other information such as

EXHIBIT A
214

City of Livermore - Mortgage Assistance Program
P a g e | 5
marital status, residence status, etc., can be requested in order to allow the lender to determine whether an applicant meets the income and other eligibility requirements of federal and state law relating to the loan.

DEFINITIONS

Applicant shall mean an applicant to the City’s Mortgage Assistance Program.

Area Median Income shall mean the Median Income adjusted by actual household size as published annually by State Department of Housing and Community Development (“HCD”) for the County of Alameda, which Median Income levels shall be adjusted concurrently with their publication by HCD.

Backend Debt to Income Ratio shall mean monthly housing expenses (e.g., principal, interest, taxes, insurance, and HOA dues), plus other monthly secured and unsecured debt (e.g., auto, credit cards, etc.), divided by the family's gross monthly income.

Borrower shall mean a recipient of a Mortgage Assistance Loan.

City shall mean the City of Livermore as lender.

Eligible Household shall mean a household that meets the eligibility criteria set forth in these Guidelines.

First Time Homebuyer shall mean a purchaser who has not previously owned a home, condominium or mobile home, whether as sole owner, tenant-in-common, joint tenant or in other form of ownership within the past three (3) years. The City at its discretion may consider displaced persons (dissolution of marriage, legal separation) as eligible to participate under this definition.

Gross Household Income shall mean all income, from whatever source derived, of all adult household members over 18 years of age (non-dependents) who will be living in the Unit, which is anticipated for a 12 month period following the date of the Application.

Income shall include the following:
a. Gross amount of wages and salaries before any payroll deductions, including overtime pay, compensation for services, commissions, fees, tips and bonuses; b. The net income of operation of a business or profession or from rental or real or personal property (for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business);
c. Interest, dividends and royalties;
d. Partnership distributions;

EXHIBIT A
215

City of Livermore - Mortgage Assistance Program
P a g e | 6
e. Income from an interest in an estate or trust;
f. The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pension, disability, or death benefits and other similar types of periodic receipts;
g. Payments in lieu of earnings, such as unemployment and disability compensation, workers compensation and severance pay;
h. Public Assistance including but not limited to TANF, SSI, disability income (temporary disability payments may be excluded);
i. Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling;
j. All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the household or spouse. k. Asset income based on the cash value of assets as determined through the asset income test methodology.

Home/Unit may be used interchangeably when describing the qualified residence to be purchased through the program as further described in the Eligible Properties section of these guidelines.

HUD shall mean the United States Department of Housing and Urban Development.

HCD shall mean the State of California Housing and Community Development Department.

Household shall mean all members who are documented to be currently living together at the time of Application to the MAP Program and intend on occupying the Home.

Loan shall mean a loan or any other form of financial assistance provided by the City to assist a Borrower through this Program.

Low Income shall mean a household whose gross annual income does not exceed 80% of the Area Median Income published annually by the California Department of Housing and Community Development and adopted by the City Council of the City of Livermore.

Median Income shall mean a household whose gross annual income does not exceed 100% of the Area Median Income published annually by the California Department of Housing and Community Development and adopted by the City Council of the City of Livermore.

Moderate Income shall mean a household whose gross annual income does not exceed 120% of the Area Median Income published annually by the California Department of

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Housing and Community Development and adopted by the City Council of the City of Livermore.

Primary Residence shall be defined as the Borrower’s place of residence for a minimum of 10 months in a calendar year.

Program shall mean the City’s Mortgage Assistance Program.

Program Administrator shall mean the City of Livermore Housing and Human Services Manager or his/her designee.

Seasoned Funds shall mean the Applicant’s own monies that have been verified as held in an account with a financial institution in the Applicant’s name for a minimum of three (3) months.

HOME QUALIFICATIONS & REQUIREMENTS
Eligible Properties
Eligible properties are limited to existing single-family residences within the jurisdictional limits of the City of Livermore. Homes purchased in other cities and areas outside the participating jurisdictions, including unincorporated areas within and surrounding the participating jurisdictions, do not qualify for the program.

Eligible Single-Family Residences include condominiums, townhouses, and single units including those that are part of a couplet or duet. Multi-unit structures (Duplexes, triplexes etc.) where more than one unit is being purchased are not eligible.

Maximum Sales Price
The maximum sales price for a qualified residence purchased through the Program shall be 100% of the median sales price of a single-family home in Alameda County (data source: Bay East Association of Realtors/California Association of Realtors). Maximum sales prices shall be updated annually at a minimum.

Appraisal Requirements
To verify the market value of the Unit, a residential appraisal report from a licensed real estate appraiser must be provided to the City either through the Applicant’s first lender or from the Applicant prior to the City’s disbursement of loan funds.

Inspections
Termite and Roof Inspections: Termite and roof clearances must be obtained prior to the close of escrow.

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Home Inspection Report: Homes must meet a code and habitability standards review and be deemed acceptable to the Program. A home inspection report conducted by a licensed home inspector must be submitted to the Program Administrator for review prior to final loan approval (not applicable to new construction homes inspected by the City).

If code, building permit, or habitability deficiencies are found, the Program Administrator may condition final loan approval upon remediation and clearance of those deficiencies.

Insurance
The City of Livermore will require a CLTA Title Insurance policy in the amount of the MAP loan.

The City of Livermore will require a copy of Evidence of Insurance for hazard and/or flood insurance policies in an amount at least equal to the replacement value of the improvements and show the City of Livermore, its successors and assigns, as an additional loss payee.

Loan Service Fees
There are one-time loan document preparation, set-up fees and tax service fees due at the close of escrow payable to the City (or its Loan Servicing designee) to monitor loans and collect payments. There is a monthly service fee for amortized payment loans. Fee information is available upon request. Loan Servicing policies and procedures are described in Attachment 3.

MORTGAGE QUALIFICATIONS
First Mortgage
The first mortgage obtained for the purchase of the Unit must have a term of 30 years, be of a fixed interest rate, and require fixed payments over the life of the loan with no negative amortization, balloon payments, or adjustable-rate features. A permanent loan buy-down is permitted as long as it does not cost more than 1% of the loan amount.

Combined Loan-to-Value (CLTV) Limits
Combined loan-to-value limits shall be calculated based on the lesser of the following: (1) appraised value; or (2) purchase price. Appraised value must be confirmed prior to the City’s submittal of documents to escrow through an appraisal report prepared by a licensed real estate appraiser. The appraisal must have been completed within six months prior to the close of escrow.

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CLTV Limits based on total Secondary Assistance:

Maximum CLTV Secondary Loan Sources and Uses
97% MAP Loan for Down Payment only
102% MAP Loan for Down Payment and Maximum 5% Closing
Costs from City or other State Loan Assistance/DPA program Backend Debt-to-Income (DTI) Ratio
The Applicant’s total monthly debt obligations (Backend DTI ratio) may not exceed 40%.

At the sole discretion of the City’s Program Administrator, this ratio may be increased to no greater than 45% if the Applicant’s down payment exceeds the minimum requirement and the Applicant’s FICO score exceeds 720. Balances on unsecured credit card debt will be a consideration in determining the creditworthiness of the Applicant.

Co-signers
Applicants may use a cosigner when qualifying for the first mortgage. However, the cosigner’s income shall be included as part of the Applicant’s Gross Household Income when determining the Applicant’s income eligibility.

Subordinate Financing Concurrent with the MAP Loan
Financing subordinate to the MAP Loan must be deferred for the term of the MAP Loan and may not have a balloon payment due before the maturity date of the MAP loan.

SUBORDINATION TERMS
The MAP loan may be subordinated to a refinanced loan as long as the loan amount to be refinanced does not exceed the current outstanding balance of the first mortgage plus reasonable closing costs (2%).

The new first mortgage must adhere to the First Mortgage Guidelines. The term of the new senior loan must mature concurrently with or after the MAP loan.

The new first mortgage must collect impounds to ensure that taxes and insurance will be paid in a timely manner.

APPLICATION PROCESS

1. Application: Applicants must submit a complete application to the City’s Housing and Human Services Division at the address 1052 S. Livermore Avenue, Livermore, CA 94550 at least four weeks prior to their scheduled close of escrow.

Faxed or emailed applications will not be accepted.

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2. Program Eligibility Letter : Upon determination of eligibility for the Program, Applicant shall receive a Program Eligibility letter from the City. This letter provides initial program eligibility only. Funding will not be reserved until the Applicant has also provided all the documents listed on the Application and Loan Disbursement Checklist under “Reservation of Funds for 60 Days.” Since funding is limited and is available on a first come first served basis, a Program Eligibility letter is not a guarantee that funds will be available to the Applicant when requested.

3. Conditional Approval Letter: To receive a reservation of funds for 60 days (‘Conditional Approval Letter”), the Applicant must meet all program requirements prior to Closing of Escrow and submit the necessary documents outlined on the Application and Loan Disbursement Checklist under “Eligibility” and “Reservation of Funds for 60 Days.”

Applicants may request an additional 30-day extension, however, if the applicant is not in escrow, extension requests shall be deemed lower priority than new applicants and approval shall be on a case-by-case basis based on funding availability. Approval shall be granted at the sole discretion of the Program Administrator. In any case, extensions shall not be granted for an Application for longer than 6 months, after which the Applicant must reapply for funds.

4. Final Approval Letter: First lender documents shall be reviewed to verify eligibility for final approval and disbursement of funds to escrow, at which time a “Final Approval Letter” shall be issued to the lender. All documents and conditions outlined on the Application and Loan Disbursement Checklist must be provided and or met prior to disbursement of funds from the Program Administrator.

Fulfilling the requirements of the Program is the sole responsibility of the Applicant.

Failure to fully satisfy the Program guidelines/requirements as determined by the Program Administrator may result in the denial of loan approval. Falsification of information provided through the Application shall result in the Applicant’s disqualification from the Program.

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Attachment 1:

HCD Income Inclusions & Exclusions

Title 24 Section 5.609 Annual Income Inclusions
(a) Annual income includes, with respect to the family:
(1) All amounts, not specifically excluded in paragraph (b) of this section, received from all sources by each member of the family who is 18 years of age or older or is the head of household or spouse of the head of household, plus unearned income by or on behalf of each dependent who is under 18 years of age, and
(2) When the value of net family assets exceeds the threshold established by the HUD (adjusted annually based on the Consumer Price Index for Urban Wage Earners and Clerical Workers), and the actual income from an asset cannot be determined, imputed income will be calculated using the current passbook savings rate as established by HUD.

Title 24 Section 5.609 Annual Income Exclusions

(b) Annual income does not include the following:
(1) Any imputed return on an asset when net family assets total the HCD threshold or less (which amount HUD will adjust annually in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers) and no actual income from the net family assets can be determined.
(2) The following types of trust distributions:
(i) For an irrevocable trust or a revocable trust outside the control of the family or household, excluded from the definition of net family assets under § 5.603(b):
(A) Distributions of the principal or corpus of the trust; and (B) Distributions of income from the trust when the distributions are used to pay the costs of health and medical care expenses for a minor.
(ii) For a revocable trust under the control of the family or household, any distributions from the trust; except that any actual income earned by the trust, regardless of whether it is distributed, shall be considered income to the family at the time it is received by the trust. (3) Earned income of children under 18 years of age.
(4) Payments received for the care of foster children or foster adults, or State or Tribal kinship or guardianship care payments.
(5) Insurance payments and settlements for personal or property losses, including but not limited to payments through health insurance, motor vehicle insurance, and workers' compensation.
(6) Amounts received by the family that are specifically for, or in reimbursement of, the cost of health and medical care expenses for any family member. (7) Any amounts recovered in any civil action or settlement based on a claim of malpractice, negligence, or other breach of duty owed to a family member arising out of law, that resulted in a member of the family becoming disabled.
(8) Income of a live-in aide, foster child, or foster adult as defined in §§ 5.403 and 5.603, respectively.
(9)
(i) Any assistance that section 479B of the Higher Education Act of 1965, as amended (20 U.S.C. 1087uu), requires be excluded from a family's income; and

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(ii) Student financial assistance for tuition, books, and supplies (including supplies and equipment to support students with learning disabilities or other disabilities), room and board, and other fees required and charged to a student by an institution of higher education (as defined under Section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) and, for a student who is not the head of household or spouse, the reasonable and actual costs of housing while attending the institution of higher education and not residing in an assisted unit.
(A) Student financial assistance, for purposes of this paragraph (9)(ii), means a grant or scholarship received from—
(1) The Federal government;
(2) A State, Tribe, or local government;
(3) A private foundation registered as a nonprofit under 26 U.S.C. 501(c)(3); (4) A business entity (such as corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, or nonprofit entity); or
(5) An institution of higher education.
(B) Student financial assistance, for purposes of this paragraph (9)(ii), does not include— (1) Any assistance that is excluded pursuant to paragraph (b)(9)(i) of this section; (2) Financial support provided to the student in the form of a fee for services performed (e.g., a work study or teaching fellowship that is not excluded pursuant to paragraph (b)(9)(i) of this section);
(3) Gifts, including gifts from family or friends; or
(4) Any amount of the scholarship or grant that, either by itself or in combination with assistance excluded under this paragraph or paragraph (b)(9)(i), exceeds the actual covered costs of the student. The actual covered costs of the student are the actual costs of tuition, books and supplies (including supplies and equipment to support students with learning disabilities or other disabilities), room and board, or other fees required and charged to a student by the education institution, and, for a student who is not the head of household or spouse, the reasonable and actual costs of housing while attending the institution of higher education and not residing in an assisted unit. This calculation is described further in paragraph (b)(9)(ii)(E) of this section. (C) Student financial assistance, for purposes of this paragraph (b)(9)(ii) must be:
(1) Expressly for tuition, books, room and board, or other fees required and charged to a student by the education institution;
(2) Expressly to assist a student with the costs of higher education; or (3) Expressly to assist a student who is not the head of household or spouse with the reasonable and actual costs of housing while attending the education institution and not residing in an assisted unit.
(D) Student financial assistance, for purposes of this paragraph (b)(9)(ii), may be paid directly to the student or to the educational institution on the student's behalf. Student financial assistance paid to the student must be verified by the responsible entity as student financial assistance consistent with this paragraph (b)(9)(ii). (E) When the student is also receiving assistance excluded under paragraph (b)(9)(i) of this section, the amount of student financial assistance under this paragraph (b)(9)(ii) is determined as follows:
(1) If the amount of assistance excluded under paragraph (b)(9)(i) of this section is equal to or exceeds the actual covered costs under paragraph (b)(9)(ii)(B)(4) of this section,

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none of the assistance described in this paragraph (b)(9)(ii) of this section is considered student financial assistance excluded from income under this paragraph (b)(9)(ii)(E). (2) If the amount of assistance excluded under paragraph (b)(9)(i) of this section is less than the actual covered costs under paragraph (b)(9)(ii)(B)(4) of this section, the amount of assistance described in paragraph (b)(9)(ii) of this section that is considered student financial assistance excluded under this paragraph is the lower of:
(i) the total amount of student financial assistance received under this paragraph (b)(9)(ii) of this section, or
(ii) the amount by which the actual covered costs under paragraph (b)(9)(ii)(B)(4) of this section exceeds the assistance excluded under paragraph (b)(9)(i) of this section. (10) Income and distributions from any Coverdell education savings account under section 530 of the Internal Revenue Code of 1986 or any qualified tuition program under section 529 of such Code; and income earned by government contributions to, and distributions from, “baby bond” accounts created, authorized, or funded by Federal, State, or local government. (11) The special pay to a family member serving in the Armed Forces who is exposed to hostile fire.
(12)
(i) Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS); (ii) Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred (e.g., special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program;
(iii) Amounts received under a resident service stipend not to exceed $200 per month. A resident service stipend is a modest amount received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development.
(iv) Incremental earnings and benefits resulting to any family member from participation in training programs funded by HUD or in qualifying Federal, State, Tribal, or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives and are excluded only for the period during which the family member participates in the employment training program unless those amounts are excluded under paragraph (b)(9)(i) of this section.
(13) Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era. (14) Earned income of dependent full-time students in excess of the amount of the deduction for a dependent in § 5.611.
(15) Adoption assistance payments for a child in excess of the amount of the deduction for a dependent in § 5.611.
(16) Deferred periodic amounts from Supplemental Security Income and Social Security benefits that are received in a lump sum amount or in prospective monthly amounts, or any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts.
(17) Payments related to aid and attendance under 38 U.S.C. 1521 to veterans in need of regular aid and attendance.

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(18) Amounts received by the family in the form of refunds or rebates under State or local law for property taxes paid on the dwelling unit.
(19) Payments made by or authorized by a State Medicaid agency (including through a managed care entity) or other State or Federal agency to a family to enable a family member who has a disability to reside in the family's assisted unit. Authorized payments may include payments to a member of the assisted family through the State Medicaid agency (including through a managed care entity) or other State or Federal agency for caregiving services the family member provides to enable a family member who has a disability to reside in the family's assisted unit.
(20) Loan proceeds (the net amount disbursed by a lender to or on behalf of a borrower, under the terms of a loan agreement) received by the family or a third party (e.g., proceeds received by the family from a private loan to enable attendance at an educational institution or to finance the purchase of a car).
(21) Payments received by Tribal members as a result of claims relating to the mismanagement of assets held in trust by the United States, to the extent such payments are also excluded from gross income under the Internal Revenue Code or other Federal law. (22) Amounts that HUD is required by Federal statute to exclude from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in paragraph (b) of this section apply. HUD will publish a notice in the Federal Register to identify the benefits that qualify for this exclusion. Updates will be published when necessary. (23) Replacement housing “gap” payments made in accordance with 49 CFR part 24 that offset increased out of pocket costs of displaced persons that move from one federally subsidized housing unit to another Federally subsidized housing unit. Such replacement housing “gap” payments are not excluded from annual income if the increased cost of rent and utilities is subsequently reduced or eliminated, and the displaced person retains or continues to receive the replacement housing “gap” payments. (24) Nonrecurring income, which is income that will not be repeated in the coming year based on information provided by the family. Income received as an independent contractor, day laborer, or seasonal worker is not excluded from income under this paragraph, even if the source, date, or amount of the income varies. Nonrecurring income includes:
(i) Payments from the U.S. Census Bureau for employment (relating to decennial census or the American Community Survey) lasting no longer than 180 days and not culminating in permanent employment.
(ii) Direct Federal or State payments intended for economic stimulus or recovery. (iii) Amounts directly received by the family as a result of State refundable tax credits or State tax refunds at the time they are received.
(iv) Amounts directly received by the family as a result of Federal refundable tax credits and Federal tax refunds at the time they are received.
(v) Gifts for holidays, birthdays, or other significant life events or milestones (e.g., wedding gifts, baby showers, anniversaries).
(vi) Non-monetary, in-kind donations, such as food, clothing, or toiletries, received from a food bank or similar organization.
(vii) Lump-sum additions to net family assets, including but not limited to lottery or other contest winnings.
(25) Civil rights settlements or judgments, including settlements or judgments for back pay. (26) Income received from any account under a retirement plan recognized as such by the Internal Revenue Service, including individual retirement arrangements (IRAs), employer

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retirement plans, and retirement plans for self-employed individuals; except that any distribution of periodic payments from such accounts shall be income at the time they are received by the family.
(27) Income earned on amounts placed in a family's Family Self Sufficiency Account. (28) Gross income a family member receives through self-employment or operation of a business; except that the following shall be considered income to a family member:
(i) Net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations; and
(ii) Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family.

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Attachment 2:

Form of Mortgage Assistance Promissory Note
Amortized Payment

City of Livermore Loan # MAP20__ -

NOTICE TO BORROWER:

THIS DOCUMENT CONTAINS PROVISIONS

RESTRICTING TRANSFERS AND ASSUMPTIONS

PROMISSORY NOTE
Secured by a Deed of Trust
(Amortized Payment)

Principal Amount $
(property address)
Livermore, California

FOR VALUE RECEIVED, the undersigned ("Borrower") whose address is , Livermore, California 9455 , hereby promise(s) to pay to the order of the City of Livermore, a municipal corporation ("City"), at 1052 South Livermore Avenue, Livermore, California 94550, the principal amount of dollars ($ ), together with interest accrued thereon, as set forth in this Promissory Note (“Note”).

This Note is made through the Mortgage Assistance Program for the purchase of that certain real property commonly known as , (APN ) more fully described in the Deed of Trust (“Property”). The City’s Mortgage Assistance Program provides loans to assist low and moderate income first time homebuyers purchase homes to occupy as their primary personal residences.

The Borrower’s obligations with respect to this Note are secured by that certain Deed of Trust (“Deed of Trust”) executed by the Borrower concurrently herewith.

1. Borrower’s Obligation. This Note evidences the Borrowers’ obligation to pay the City the Principal Amount loaned to the Borrower by the City to finance the Property’s purchase. As a condition of receiving the Principal Amount, the Borrower promises and agrees to comply will all terms and conditions of this Note.

2. Occupancy. At all times during the term of this Note, the Borrower shall occupy the Property as the Borrower’s primary place of residence which is defined as occupying the Property for a minimum period of ten (10) months out of a calendar year. The Borrower shall not transfer the Property in violation of section 13 below.

3. Principal. The principal amount of this Note is $ (“Principal Amount”) for the funds loaned to the Borrower by the City to finance acquisition of the Property.

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4. Interest. Simple interest shall accrue on the unpaid and outstanding balance of the Principal Amount at the rate of three percent (3%) per annum, commencing upon the close of escrow and continuing thereafter until the repayment of this Note in full.

5. Term. The Borrower shall repay the Principal Amount, and all interest accrued thereon, in equal installment payments as provided in section 6 below. The entire indebtedness evidenced by this Note shall be repaid to the City within thirty (30) years from the close of escrow.

6. Repayment. All payments by the Borrower shall be paid to the City in currency of the United States of America, which at the time of the payment is lawful for the payment of public and private debts. Borrower shall make a payment of principal and interest on the first day of each month beginning on . The Borrower shall make monthly payments to the City in the amount of $ .

All payments on this Note shall be made payable to the City of Livermore, and shall be delivered to the City at 1052 South Livermore Avenue, Livermore, California, 94550, or to such other place as the City may from time-to-time designate.

All payments on this Note shall be without expense to the City, and the Borrower agrees to pay all costs and expenses incurred in connection with the Loan and payment.

The City shall apply each monthly payment to its scheduled due date and will apply the payment to interest before principal.

7. Late Payments - Penalties. In the event the City does not receive the full amount of the monthly payment due under this Note within seven (7) days of its due date, the Borrower will be assessed a late payment penalty (“Late Penalty”) in an amount which is the greater of five percent (5%) of the overdue monthly payment or fifty dollars ($50.00). In the event the Borrower fails to pay the overdue payment and Late Penalty prior to the date when the next regular monthly payment is due under this Note, the Borrower shall be assessed an additional Late Penalty on the overdue amount. Penalties for late payment will continue to accrue in this manner until the City receives the full amount of the overdue payment and all related penalties from the Borrower in accordance with section 13 below.

8. Prepayment. Borrower has the option, without any premium or penalty, to pay all or a portion of the outstanding Principal Amount prior to the amount becoming due. The Borrower may make such prepayments at any time, or from time-to-time, before the prepaid amount is due. However, to exercise the prepayment option, the installment payments must be current and all outstanding penalties must have been paid. All prepayments shall be applied by the City to reduce the amount of the outstanding Principal Amount owed under this Note. If the Borrower makes a partial prepayment (that is prepayment that is less than the full amount of the payment coming due), there will be no change in the due date.

9. Encumbrances. The Borrower shall not encumber the Property, permit the conveyance, transfer, or encumbrance of the Property, allow the placement of any liens, notes or deeds on the Property, or use the Property as security for any note or loan, without the City’s prior written approval. The City shall not approve any encumbrances to the Property other than to allow the Borrower to refinance a first mortgage previously approved by the City, and shall only approve refinancing when the loan amount of such refinancing does not exceed the then outstanding balance of the first mortgage previously approved by the City. Furthermore, the City shall not approve any refinancing of a first mortgage with a loan that contains any provisions for a reverse mortgage, negative amortization, or balloon payments. Any written approval by the City shall be consistent with the requirements of section 15 below.

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10. No Criminal Activity. Owner agrees that no resident residing on the Property, their guests or persons under their control shall permit, engage in, or facilitate criminal activity on the Property, in any building on the Property, or in the streets bordering the Property. This includes, without limitation the foregoing: (i) the illegal manufacture, sale, distribution, use or possession with the intent to manufacture, sell, distribute or use a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. § 802); (ii) the unlawful discharge of firearms; and (iii) all acts or threats of violence, harming, or intending to harm a person or property.

11. Payment Acceleration. The Principal Amount of this Note, together with all accrued interest and other outstanding payments and penalties, shall become immediately due and payable upon the occurrence of any of the following events:

A. The Borrower fails to occupy the Property as his or her primary place of residence; B. The Borrower engages in or allows another on the Property to engage in criminal activity in violation of Section 10 of this Note;
C. The Borrower fails to cure a default consistent with the requirements of section 13 below;
D. The transfer of the Property or this Note in violation of section 14 below, and without the City’s written approval consistent with the requirements of sections 15, 16, and 25 below;
E. The encumbrance of the Property in violation of section 9 above, without the City’s written approval consistent with the requirements of sections 9 and 15 below; or F. The satisfaction or payment in full of the first mortgage for the Property secured by a lien or deed of trust that is senior to the Deed of Trust for this Note, without the City’s prior written approval consistent with the requirements of section 15 below.

12. Monitoring. Borrower agrees to certify owner occupancy annually to the City and provide sufficient documentation as requested by City to demonstrate compliance under the terms of the Note.

13. Default – Notice & Opportunity to Cure. If, in the City’s sole discretion, the Borrower fails to observe or perform any condition contained herein for a period of thirty (30) days after written notice from the City specifying such failure and requesting that it be cured, such event shall be deemed a default and the City shall be entitled, and in addition to all other remedies provided by law or in equity, to compel specific performance by the Borrower of its obligations under this Note.

The accumulation of more than three (3) late payment penalties for a single overdue monthly payment, and the Borrower’s outstanding obligation to pay more than four (4) late payment penalties related to two or more monthly payments during any six (6) month period, shall each constitute a separate and independent default event.

14. Prohibited Transfers. The Borrower is prohibited from transferring by sale, lease, trade, exchange, rental, gift, assignment, conveyance, the Property or any part thereof, or any trust or power, or any transfer in any other mode or form, of the Property or any part thereof or any interest therein.

15. Permitted Transfers. Under the following limited circumstances, the City may give its prior written approval for the transfer of the Property:

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A. The Property is to be transferred to another qualified borrower under the City of Livermore’s Mortgage Assistance Program, and the other qualified borrower agrees to assume the Borrower’s rights and obligations under the Deed of Trust, this Note, and any related Loan Agreement.

B. Upon the Borrower’s death or demise:

1. The Property is transferred to a surviving co-Borrower under this Note by will, probate, or operation of the law;

2. The Property is transferred to the Borrower’s spouse or domestic partner, provided that status was established prior to the Borrower’s death or demise by will, probate, or operation of law; or,

3. The Property is transferred to a Borrower’s child, whether adopted or direct issue.

C. The Property is transferred involuntarily, or by operation of law, as a result of a property dissolution order or decree of dissolution of marriage, to the Borrower’s former spouse or domestic partner, provided the beneficiary of the transfer takes the Property subject to the terms and conditions of this Note.

16. Prior Written Approval. The City shall not unreasonably withhold its written approval of permitted transfers, encumbrances and refinancing by the Borrower. However, the City may only give written approval of those transfers, encumbrances, and refinancing authorized by this Note.

The Borrower must request the City’s written approval prior to pursuing any transfer, encumbrance, or refinancing. If not approved, or in violation of this Note, any unapproved transfer, encumbrance, or refinancing shall be null and void and the Borrower must deliver to the City any profits or benefit received from the transaction consistent with the requirements of section 26.

17. Certification. Upon the City’s written request, the Borrower shall execute a certification under penalty of perjury, and deliver same to the City, certifying that the Borrower has not allowed or placed any encumbrances on the Property, is currently occupying the Property as the Borrower’s principal place of residence, has not leased the Property or any or portion thereof, and is not otherwise in violation of any term or condition of this Note.

18. Audit and Inspection. To the extent permissible under laws and regulations protecting individual confidentiality, the City shall have access to, and is hereby authorized by the Borrower to inspect, make copies or photographs of, the Property, books, utility accounts, and records of the Borrower pertaining to this Note and the Borrower’s occupancy of the Property.

19. Notices. Any demand or notice which either party desires to deliver to the other, shall be in writing and shall be delivered by hand, sent by a recognized overnight courier, deposited in the United States mail with a first class prepaid postage and a return receipt requested, to ensure timely and complete delivery to the other party at the addresses noted above.

20. Attorney Fees and Costs. Borrower agrees that if any amounts due under this Note are not paid when due, to pay all costs and expenses of collection and reasonable attorney fees paid or incurred in connection with the collection or enforcement of this Note, whether or not suit is filed.

21. Severability. Every provision of this Note is intended to be severable. If any provision is held by a court of competent jurisdiction to be invalid, illegal, and unenforceable, the validity, legality, and enforceability, of the remaining provisions shall not in any way be affected or impaired.

EXHIBIT A
229

City of Livermore
Mortgage Assistance Program Guidelines A-1

22. Interpretation. The provisions of this Note have been arrived at through negotiation and each party had a full and fair opportunity to revise the provisions and have them reviewed by legal counsel. The parties agree that any ambiguities in construing or interpreting this Note shall not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language of this Note and a written loan agreement for the Borrower’s acquisition of the Property through the City’s Mortgage Assistance Program, the language of the Loan Agreement shall control.

23. Joint and Several Obligations. This Note is the joint and several obligations of all makers, sureties, guarantors and endorsers, and shall be binding upon them and their successors and assigns.

24. Negotiability. This Note is non-negotiable and not transferable by the Borrower. The City, in its sole discretion, may negotiate a transfer, assignment, or assumption of this Note to any person and upon notice to the Borrower by the City.

25. Binding Upon Successors. All provisions of this Note shall be binding upon and inure to the benefit of the successors-in-interest, transferees, and assigns of the Borrower and the City, respectively.

26. Restrictions on Foreclosure Proceeds. If a creditor acquires title to the Property through a deed in lieu of foreclosure, a trustee's deed upon sale, or otherwise, the Borrower shall not be entitled to the proceeds of sale to the extent that such proceeds, when added to the amount paid or credited to the creditor, exceed the amount the Borrower would have received by a sale in accordance with the Mortgage Assistance Program Guidelines. The Borrower hereby agrees and acknowledges that the Borrower forfeits such funds and shall instruct the holder of such excess proceeds to them to the City as repayment for, and in consideration of, the assistance provided by the City in the acquisition of the Property.

DATE: BORROWER

_____________________

DATE: CO-BORROWER:

_____________________

EXHIBIT A
230

City of Livermore
Mortgage Assistance Program Guidelines A-1

Form of Mortgage Assistance Promissory Note
Deferred Payment

City of Livermore Loan # MAP2015 - _____

NOTICE TO BORROWER:

THIS DOCUMENT CONTAINS PROVISIONS

RESTRICTING TRANSFERS AND ASSUMPTIONS

PROMISSORY NOTE
Secured by a Deed of Trust
(Deferred Payment)

Principal Amount $
(address of property)
Livermore, California

FOR VALUE RECEIVED, the undersigned ("Borrower") whose address is , Livermore, California 9455 , hereby promise(s) to pay to the order of the City of Livermore, a municipal corporation ("City"), at 1052 South Livermore Avenue, Livermore, California 94550, the principal amount of dollars ($ ), together with interest accrued thereon, as set forth in this Promissory Note (“Note”).

This Note is made through the Mortgage Assistance Program for the purchase of that certain real property commonly known as , (APN ) more fully described in the Deed of Trust (“Property”). The City’s Mortgage Assistance Program provides loans to assist low and moderate income first time homebuyers purchase homes to occupy as their primary personal residences.

The Borrower’s obligations with respect to this Note are secured by that certain Deed of Trust (“Deed of Trust”) executed by the Borrower concurrently herewith.

1. Borrower’s Obligation. This Note evidences the Borrowers’ obligation to pay the City the Principal Amount loaned to the Borrower by the City to finance the Property’s purchase. As a condition of receiving the Principal Amount, the Borrower promises and agrees to comply will all terms and conditions of this Note.

2. Occupancy. At all times during the term of this Note, the Borrower shall occupy the Property as the Borrower’s primary place of residence which is defined as occupying the Property for a minimum period of ten (10) months out of a calendar year. The Borrower shall not transfer the Property in violation of section 13 below.

3. Principal. The principal amount of this Note is $ (“Principal Amount”) for the funds loaned to the Borrower by the City to finance acquisition of the Property.

EXHIBIT A
231

City of Livermore
Mortgage Assistance Program Guidelines A-1

4. Interest. Simple interest shall accrue on the unpaid and outstanding balance of the Principal Amount at the rate of three percent (3%) per annum, commencing upon the close of escrow and continuing thereafter until the repayment of this Note in full.

If all terms and conditions of this Note are satisfied upon the completion of the tenth (10th) year of this Note, the accrued interest due under this Note until that date shall be forgiven. Commencing in the eleventh (11th) year of this Note and continuing thereafter, interest shall continue to accrue and shall be due and payable according to section 6.

5. Term. The Borrower shall repay the Principal Amount, and all interest accrued thereon, as provided in section 6 below. The entire indebtedness evidenced by this Note shall be repaid to the City within thirty(30) years from the close of escrow.

6. Repayment. No periodic payments are required
hereunder. Borrower agrees to pay the unpaid principal balance, unpaid accrued interest, and any other amounts due under this Note upon the earlier of:
(a) 30 years from the date of this Note (“Maturity Date”); or (b) Upon sale, transfer, lease, or encumbrance of all or any interest in the Property without Lender’s prior written consent, except for a transfer permitted in Paragraph 4; or
(c) Upon the Maturity Date, or full repayment, of any debt that is secured by a lien on the Property that is senior to the Deed of Trust; or
(d) Upon Borrower’s failure to occupy the Property as Borrower’s principal place of Residence.

Any payments made will apply the payment to interest before principal.

7. Prepayment. Borrower has the option, without any premium or penalty, to pay all or a portion of the outstanding Principal Amount prior to the amount becoming due. The Borrower may make such prepayments at any time, or from time-to-time, before the prepaid amount is due. However, to exercise the prepayment option, the installment payments must be current and all outstanding penalties must have been paid. All prepayments shall be applied by the City first to reduce the amount of interest accrued, then to reduce the amount of the outstanding Principal Amount owed under this Note. If the Borrower makes a partial prepayment (that is prepayment that is less than the full amount of the payment coming due), there will be no change in the due date.

8. Place and Manner of Payment. All payments on this Note shall be made payable to the City of Livermore, and shall be delivered to the City at 1052 South Livermore Avenue, Livermore, California, 94550, or to such other place as the City may from time-to-time designate.

All payments on this Note shall be without expense to the City, and the Borrower agrees to pay all costs and expenses incurred in connection with the Loan and payment.

9. Encumbrances. The Borrower shall not encumber the Property, permit the conveyance, transfer, or encumbrance of the Property, allow the placement of any liens, notes or deeds on the Property, or use the Property as security for any note or loan, without the City’s prior written approval. The City shall not approve any encumbrances to the Property other than to allow the Borrower to refinance a first mortgage previously approved by the City, and shall only approve refinancing when the loan amount of such refinancing does not exceed the then outstanding

EXHIBIT A
232

City of Livermore
Mortgage Assistance Program Guidelines A-1

balance of the first mortgage previously approved by the City. Furthermore, the City shall not approve any refinancing of a first mortgage with a loan that contains any provisions for a reverse mortgage, negative amortization, or balloon payments. Any written approval by the City shall be consistent with the requirements of section 15 below.

10. No Criminal Activity. Owner agrees that no resident residing on the Property, their guests or persons under their control shall permit, engage in, or facilitate criminal activity on the Property, in any building on the Property, or in the streets bordering the Property. This includes, without limitation the foregoing: (i) the illegal manufacture, sale, distribution, use or possession with the intent to manufacture, sell, distribute or use a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. § 802); (ii) the unlawful discharge of firearms; and (iii) all acts or threats of violence, harming, or intending to harm a person or property.

11. Payment Acceleration. The Principal Amount of this Note, together with all accrued interest and other outstanding payments and penalties, shall become immediately due and payable upon the occurrence of any of the following events:

A. The Borrower fails to occupy the Property as his or her primary place of residence; B. The Borrower engages in or allows another on the Property to engage in criminal activity in violation of Section 10 of this Note;
C. The Borrower fails to cure a default of any lien or deed of trust for the Property that is senior to the Deed of Trust for this Note.

D. The Borrower fails to cure a default consistent with the requirements of section 13 below;
E. The transfer of the Property or this Note in violation of section 14 below, and without the City’s written approval consistent with the requirements of sections 15, 16, and 25 below;
F. The encumbrance of the Property in violation of section 9 above, without the City’s written approval consistent with the requirements of sections 9 and 15 below; or F. The satisfaction or payment in full of the first mortgage for the Property secured by a lien or deed of trust that is senior to the Deed of Trust for this Note, without the City’s prior written approval consistent with the requirements of section 15 below.

12. Monitoring. Borrower agrees to certify owner occupancy annually to the City and provide sufficient documentation as requested by City to demonstrate compliance under the terms of the Note.

13. Default – Notice & Opportunity to Cure. If, in the City’s sole discretion, the Borrower fails to observe or perform any condition contained herein for a period of thirty (30) days after written notice from the City specifying such failure and requesting that it be cured, such event shall be deemed a default and the City shall be entitled, and in addition to all other remedies provided by law or in equity, to compel specific performance by the Borrower of its obligations under this Note.

The accumulation of more than three (3) late payment penalties for a single overdue monthly payment, and the Borrower’s outstanding obligation to pay more than four (4) late payment penalties related to two or more monthly payments during any six (6) month period, shall each constitute a separate and independent default event.

14. Prohibited Transfers. The Borrower is prohibited from transferring by sale, lease, trade, exchange, rental, gift, assignment, conveyance, the Property or any part thereof, or any trust or

EXHIBIT A
233

City of Livermore
Mortgage Assistance Program Guidelines A-1

power, or any transfer in any other mode or form, of the Property or any part thereof or any interest therein.

15. Permitted Transfers. Under the following limited circumstances, the City may give its prior written approval for the transfer of the Property:

A. The Property is to be transferred to another qualified borrower under the City of Livermore’s Mortgage Assistance Program, and the other qualified borrower agrees to assume the Borrower’s rights and obligations under the Deed of Trust, this Note, and any related Loan Agreement.

B. Upon the Borrower’s death or demise:

1. The Property is transferred to a surviving co-Borrower under this Note by will, probate, or operation of the law;

2. The Property is transferred to the Borrower’s spouse or domestic partner, provided that status was established prior to the Borrower’s death or demise by will, probate, or operation of law; or,

3. The Property is transferred to a Borrower’s child, whether adopted or direct issue.

C. The Property is transferred involuntarily, or by operation of law, as a result of a property dissolution order or decree of dissolution of marriage, to the Borrower’s former spouse or domestic partner, provided the beneficiary of the transfer takes the Property subject to the terms and conditions of this Note.

16. Prior Written Approval. The City shall not unreasonably withhold its written approval of permitted transfers, encumbrances and refinancing by the Borrower. However, the City may only give written approval of those transfers, encumbrances, and refinancing authorized by this Note.

The Borrower must request the City’s written approval prior to pursuing any transfer, encumbrance, or refinancing. If not approved, or in violation of this Note, any unapproved transfer, encumbrance, or refinancing shall be null and void and the Borrower must deliver to the City any profits or benefit received from the transaction consistent with the requirements of section 26.

17. Certification. Upon the City’s written request, the Borrower shall execute a certification under penalty of perjury, and deliver same to the City, certifying that the Borrower has not allowed or placed any encumbrances on the Property, is currently occupying the Property as the Borrower’s principal place of residence, has not leased the Property or any or portion thereof, and is not otherwise in violation of any term or condition of this Note.

18. Audit and Inspection. To the extent permissible under laws and regulations protecting individual confidentiality, the City shall have access to, and is hereby authorized by the Borrower to inspect, make copies or photographs of, the Property, books, utility accounts, and records of the Borrower pertaining to this Note and the Borrower’s occupancy of the Property.

19. Notices. Any demand or notice which either party desires to deliver to the other, shall be in writing and shall be delivered by hand, sent by a recognized overnight courier, deposited in the United States mail with a first class prepaid postage and a return receipt requested, to ensure timely and complete delivery to the other party at the addresses noted above.

20. Attorney Fees and Costs. Borrower agrees that if any amounts due under this Note are not paid when due, to pay all costs and expenses of collection and reasonable attorney fees paid or incurred in connection with the collection or enforcement of this Note, whether or not suit is filed.

EXHIBIT A
234

City of Livermore
Mortgage Assistance Program Guidelines A-1

21. Severability. Every provision of this Note is intended to be severable. If any provision is held by a court of competent jurisdiction to be invalid, illegal, and unenforceable, the validity, legality, and enforceability, of the remaining provisions shall not in any way be affected or impaired.

22. Interpretation. The provisions of this Note have been arrived at through negotiation and each party had a full and fair opportunity to revise the provisions and have them reviewed by legal counsel. The parties agree that any ambiguities in construing or interpreting this Note shall not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language of this Note and a written loan agreement for the Borrower’s acquisition of the Property through the City’s Mortgage Assistance Program, the language of the Loan Agreement shall control.

23. Joint and Several Obligations. This Note is the joint and several obligations of all makers, sureties, guarantors and endorsers, and shall be binding upon them and their successors and assigns.

24. Negotiability. This Note is non-negotiable and not transferable by the Borrower. The City, in its sole discretion, may negotiate a transfer, assignment, or assumption of this Note to any person and upon notice to the Borrower by the City.

25. Binding Upon Successors. All provisions of this Note shall be binding upon and inure to the benefit of the successors-in-interest, transferees, and assigns of the Borrower and the City, respectively.

26. Restrictions on Foreclosure Proceeds. If a creditor acquires title to the Property through a deed in lieu of foreclosure, a trustee's deed upon sale, or otherwise, the Borrower shall not be entitled to the proceeds of sale to the extent that such proceeds, when added to the amount paid or credited to the creditor, exceed the amount the Borrower would have received by a sale in accordance with the Mortgage Assistance Program Guidelines. The Borrower hereby agrees and acknowledges that the Borrower forfeits such funds and shall instruct the holder of such excess proceeds to them to the City as repayment for, and in consideration of, the assistance provided by the City in the acquisition of the Property.

DATE: BORROWER

_____________________

DATE: CO-BORROWER:

_____________________

EXHIBIT A
235

City of Livermore
Mortgage Assistance Program Guidelines A-2

Attachment 3:

Form of Mortgage Assistance Program Deed of Trust

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO

City of Livermore
1052 S. Livermore Avenue
Livermore, Ca. 94550-4899
Loan No.:

Space Above This Line for Recorder’s Use Only
A.P.N.: File No.:

DEED OF TRUST AND ASSIGNMENT OF RENTS
(Short Form)
THIS DEED OF TRUST, made this between
TRUSTOR:
whose address is
TRUSTEE: AmeriNational Community Services, Inc., a California corporation and BENEFICIARY: City of Livermore, a Municipal Corporation

Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the City of Livermore, Alameda County, State of California, described as:

SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF

The lien of this Deed of Trust is inferior and subordinate to the lien of that certain Trust Deed executed by Trustors named above for the benefit of dated securing an original amount of $ , which is recorded concurrently herewith.

If the Trustor/Grantor shall sell, convey or alienate said property, or any part thereof, or any interest therein, or shall be divested of his title or any interest therein in any manner or way, whether voluntarily or involuntarily, without the written consent of the Beneficiary being first had and obtained, Beneficiary shall have the right, at its option, except as prohibited by law, to declare any indebtedness or obligations secured hereby, irrespective of the maturity date specified in any Note evidencing the same, immediately due and payable.

TOGETHER WITH the rents, issues, and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Beneficiary by paragraph 10 of the provisions, incorporated by reference, to collect and apply such rents, issues and profits.

FOR THE PURPOSE OF SECURING: 1. Performance of each agreement of Trustor, incorporated by reference or contained herein. 2. Payment of the indebtedness evidenced by one Promissory Note of even date herewith, and any extension or renewal thereof, in the principal sum of $ , executed by Trustor in favor of Beneficiary or order. 3. Payment of such further sums as the then record Owner of said property hereafter may borrow from Beneficiary, when evidenced by another Note (or Notes) reciting it is so secured
TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: By the execution and delivery of this Deed of Trust and the Note secured hereby, that provisions (1) to (14), inclusive, of the fictitious deed of trust recorded in Santa Barbara County and Sonoma County on October 18, 1961, and in all other counties on October 23, 1961, in the book and page of the Official Records in the office of the county recorder of the county where said property is located, noted below and opposite the name of such county, viz: