CITY COUNCIL
AGENDA
MONDAY, MAY 11, 2026
REGULAR MEETING – 7:00 PM
MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
CIVIC CENTER MEETING HALL
CITY COUNCIL CHAMBER
1016 S. LIVERMORE AVENUE
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:
Comcast TV Channel 29
tv29live.org
John P Marchand, Mayor
Kristie Wang, Vice Mayor
Ben Barrientos, Council Member
Evan Branning, Council Member
Steven Dunbar, Council Member
Livermore City Council Agenda May 11, 2026
1 1. CLOSED SESSION - NONE
Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
Note: This Closed Session my be continued to the end of the Regular Meeting.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Proclamation declaring May 17-23, 2026, as National Public Works Week in the City of Livermore presented to Carl Brown, Public Works Director, and Joe Prime, Maintenance & Golf Operations Manager.
Recommendation:
Staff recommends City Council declare May 17-23, 2026, as National Public Works Week in the City of Livermore.
Staff Report
Attachments:
1. Proclamation
3.2 Commission for the Arts annual update presented by Chair Natalia Custodio.
Recommendation:
Staff recommends the City Council receive the Commission for the Arts annual update.
Staff Report
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.
To provide public comment in person, please submit a speaker card. When your name is called, walk to the lectern to address City Council.
Comments are limited to a maximum of 3 minutes per person, per item. The Mayor may reduce the amount of time based on the number of persons wishing to speak.
ROLL CALL
Council Member Ben Barrientos
Council Member 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 May 11, 2026
2 Open Forum will conclude after 30 minutes; however, if there are additional speakers, Open Forum will reconvene before the meeting adjourns.
6. CONSENT CALENDAR
Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker card found at the entrance of the Council Chambers. A speaker is limited to a single comment with a maximum of three minutes for the entire Consent Calendar. If Consent Calendar items are pulled for discussion by the City Council, a speaker will be allowed one comment per item on the items pulled for discussion and a separate comment for the remaining Consent Calendar.
6.1 Approval of draft minutes - March 23, 2026 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. DRAFT 2026-03-23
6.2 Resolution accepting public improvements constructed by Shea Homes, Inc., pursuant to the Subdivision Improvement Agreement for Phase 1 of Final Tract Map 8613 (Shea Portola Townhomes), located at the northeast corner of Collier Canyon Road and Portola Avenue, for permanent maintenance and authorizing release of security and accepting offers of dedication of Public Utility Easement, Sanitary Sewer Easement, and Emergency Vehicle Access Easement.
Recommendation:
Staff recommends the City Council adopt a resolution:
1. Accepting Phase 1 of Final Tract Map 8613 public improvements for permanent maintenance;
2. Accepting, on behalf of the public, all real property offered for dedication within Phase 1 of Final Tract Map 8613, including Public Utility Easement, Sanitary Sewer Easement, and Emergency Vehicle Access Easement; and
3. Authorizing release of security provided for construction of the public improvements.
Staff Report
Attachments:
1. Vicinity Map
2. Resolution
6.3 Resolution approving Final Parcel Map 11186, authorizing execution of a Subdivision Improvement Agreement for the Livermore Village site located at the southeast corner of the intersection of South L Street and Railroad Avenue, and accepting on behalf of the public, all real property offered for dedication within Final Parcel Map 11186 except for certain easements which the City Council reserves the right to accept at a future date.
Recommendation:
Staff recommends the City Council adopt a resolution:
Livermore City Council Agenda May 11, 2026
3 1. Finding that the requirements of the California Environmental Quality Act have been satisfied;
2. Approving and authorizing execution of the Subdivision Improvement Agreement for Final Parcel Map 11186 which includes a 12-month extension (24 months in total) to complete the required improvements;
3. Approving Final Parcel Map 11186 for recording; and,
4. Accepting, on behalf of the public, all real property offered for dedication within Final Parcel Map 11186 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: Sidewalk Easement (S.E).
Staff Report
Attachments:
1. Vicinity Map
2. Resolution
3. Exhibit A - Final Parcel Map 11186
4. Exhibit B - Subdivision Improvement Agreement
6.4 Resolution authorizing execution of an agreement with East Bay Municipal Consulting to provide on-call plan check and development review services with a not-to-exceed amount of $800,000 and a term ending December 31, 2031.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with East Bay Municipal Consulting to provide on-call plan check and development review services, with a not-to-exceed amount of $800,000 and a term ending December 31, 2031.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - East Bay Municipal Consulting Agreement
6.5 Resolution authorizing an appropriation of the Habitat Conservation Plan grant, State Grants Fund 240, in the amount of $700,000 for development of the Livermore Habitat Conservation Plan and environmental document.
Recommendation:
Staff recommends City Council adopt a resolution authorizing an appropriation of the Habitat Conservation Plan grant, State Grants Fund 240, in the amount of $700,000, for development of the administrative draft of the Livermore Habitat Conservation Plan (HCP) and environmental document.
Staff Report
Attachments:
1. Resolution
6.6 Resolution authorizing execution of an agreement with Carollo Engineers, Inc., in an amount not-to-exceed $2,159,316 and a term ending December 31, 2028, to provide construction management and inspection services for a variety of Water Resources Capital Improvement Plan (CIP) projects.
Livermore City Council Agenda May 11, 2026
4 Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Carollo Engineers, Inc., in an amount not-to-exceed $2,159,316 and a term ending December 31, 2028, to provide construction management and inspection services for CIP projects WW202129 WRP SCADA Server & Network Upgrade, WW202322 WRP Occupied Building Repairs - Administration, WW202527 WRP Recycled Water Fill Station, and WW202624 WRP Waste Oil Tank Removal.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Carollo Engineers, Inc. Agreement
6.7 Resolution to declare 4.53 acres of a 137.97 acre City of Livermore (City) owned property located in unincorporated Alameda County, State of California, specifically referred to as Assessor's Parcel Number (APN) 905-3-12, as exempt surplus land under the Surplus Land Act, and a Resolution authorizing the City Manager to execute a Purchase and Sale Agreement and Cooperative Agreement between the City and the East Bay Regional Park District (Park District) to sell the 4.53-acre parcel located at 5658 Doolan Road to the Park District.
Recommendation:
Staff recommends the City Council adopt a resolution to declare the 4.53 acres of City-owned property referred to as APN 905-3-12 as exempt surplus land under the Surplus Land Act and adopt a resolution authorizing the City Manager to execute a Purchase and Sale Agreement and Cooperative Agreement between the City and the East Bay Regional Park District to sell the 4.53-acre parcel located at 5658 Doolan Road to the Park District.
Staff Report
Attachments:
1. Location Maps
2. Resolution - Surplus Lands Act
3. Exhibit A - City Property
4. Exhibit B - Legal and Plat for Sale Property
5. Resolution Purchase and Sale Agreement and Cooperative Agreement
6. Exhibit A - Purchase and Sale Agreement
7. Exhibit B - Cooperative Agreement
6.8 Resolution authorizing a supplemental appropriation of $630,000 from Traffic Impact Fees (Fund 510) to Isabel Avenue/I-580 Interchange Project TI199238 and authorizing execution of an agreement with Interwest Consulting Group, Inc., in an amount not-to-exceed $592,000 and a term ending on December 31, 2031, to provide project management and right-of-way engineering services for the Isabel Avenue/I-580 Interchange Project TI199238.
Recommendation:
Staff recommends the City Council adopt a resolution:
1. Authorizing a supplemental appropriation of $630,000 from Traffic Impact Fees (Fund Livermore City Council Agenda May 11, 2026
5 510) to Isabel Avenue/I-580 Interchange Project TI199238; and
2. Authorizing the City Manager to execute an agreement with Interwest Consulting Group, Inc., in an amount not-to-exceed $592,000 and a term ending on December 31, 2031, to provide project management and right-of-way engineering services for the Isabel Avenue/I580 Interchange Project TI199238.
Staff Report
Attachments:
1. Project Location Map
2. Resolution
3. Exhibit A - Interwest Agreement
6.9 Resolution authorizing execution of an agreement with Chrisp Company for on-call signing and striping maintenance services in an amount not-to-exceed $1,000,000 and a term ending December 31, 2031.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an Agreement for Services with Chrisp Company for on-call signing and striping maintenance services in an amount not-to-exceed $1,000,000 and a term ending December 31, 2031.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Chrisp Company Agreement
6.10 Resolution approving a request to the Metropolitan Transportation Commission for the allocation of $372,723 from FY 2026-27 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding to the East Avenue Corridor ATP Implementation Project TB202222.
Recommendation:
Staff recommends the City Council adopt a resolution approving a request to the Metropolitan Transportation Commission (MTC) for the allocation of $372,723 from FY 2026-27 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Project Funding to the East Avenue Corridor ATP Implementation Project TB202222.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - TDA Article 3 Project Application Findings
4. Exhibit B - TDA Article 3 Project Application Form
6.11 Resolution recommending the Livermore City Council declare Livermore a Vision Zero community and adopting a Vision Zero Action Plan with the clear goal of eliminating traffic fatalities and severe injuries on city streets.
Recommendation:
Staff recommends the City Council adopt a resolution:
Livermore City Council Agenda May 11, 2026
6 1. Adopting as policy direction the tenants of Vision Zero with the expressed goal of reducing the number of fatal and serious injury crashes along all roadways under the jurisdiction of the City to zero;
2. Adopting the Livermore Vision Zero Action Plan;
3. Directing City departments, leadership, and staff to share the responsibilities for proactively encouraging and supporting Vision Zero in all facets and aspects of their mission, administration, and service delivery; and
4. Directing the City Manager to:
a. Develop procedures and programs to further the goals and objectives of Vision Zero and take data-driven actions to achieve zero fatal and serious injury crashes based on available crash data, community input, and the “eight E’s” of engagement: equity, engineering, encouragement, education, enforcement, emergency medical services, and evaluation;
b. Propose to prioritize funding and availability of staff resources for implementing Vision Zero projects and programs;
c. Adopt and proactively encourage the application of the Federal Highway Administration’s list of Proven Safety Countermeasures; d. Revise design criteria for new and existing roadways to achieve contextappropriate operating speeds while incorporating sustainable, self-enforcing design principles reflecting current best practices in context-sensitive and peoplecentric design, and prioritizing context-sensitive people-centric judgment over numerical warrants;
e. Review laws, ordinances, rules, policies, procedures, and regulations for conflictive or contrary language and provide remedy through administrative, collaborative, or legislative action;
f. Develop and maintain effective partnerships with other agencies, entities, organizations, community groups, and stakeholders to further the goals of and support for Vision Zero; and
g. Provide ongoing evaluation and performance measures and present to City Council on a regular basis a report on the initial and ongoing status of achieving the goal of zero fatal and serious injury crashes.
Staff Report
Attachments:
1. Letter from the Mayor
2. High Collision Network
3. Resolution
4. Exhibit A - Livermore Vision Zero Action Plan
6.12 Resolution authorizing execution of a third amendment to the agreement with Terracare Associates for City-wide landscape maintenance, increase the total not-to-exceed amount from $6,600,000 to $9,380,000 and extending the term of the agreement two additional years to May 31, 2028
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a third amendment to the agreement with Terracare Associates (Terracare) for City-wide landscape maintenance to increase task rates by Consumer Price Index, add additional tasks, modify the scope to require all handheld landscape equipment be converted to battery Livermore City Council Agenda May 11, 2026
7 powered equipment, increase the total not-to-exceed amount from $6,600,000 to $9,380,000, and extend the term of the agreement two additional years to May 31, 2028.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Third Amendment to Agreement
6.13 Resolution authorizing execution of a purchase order with Owens Equipment for one 2026 Vactor 2000i truck mounted single engine combination sewer cleaner in an amount of $801,255 and a supplemental appropriation in FY 2025-26 from the Water Resources Fund (620) of $801,255 to fund the purchase.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing issuance of a purchase order to Owens Equipment in Fairfield, California for the purchase of a 2026 Vactor 2000i truck mounted single engine combination sewer cleaner under Sourcewell contract #101221- VTR for the amount of $801,255 and a supplemental appropriation in FY 2025-26 from the Water Resources Fund (620) of $801,255 to fund the purchase.
Staff Report
Attachments:
1. Federal Signal Sourcewell Contract
2. Owens Equipment Quote
3. Resolution
6.14 Resolution designating the City Manager as the City's agent for federal and state disaster assistance and naming the City Engineer and Assistant City Engineers as the City Manager's Designees.
Recommendation:
Staff recommends City Council adopt a resolution designating the City Manager as the City's agent for federal and state disaster grant assistance and designating the City Engineer and Assistant City Engineers as the City Manager's Designees.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - CalOES Form 130 Designation of Applicant's Agent Resolution for Non-State Agencies
6.15 Resolution calling for and giving notice of the holding of a General Municipal Election and consolidating services with Alameda County on Tuesday, November 3, 2026, for the election of certain officers of the City.
Recommendation:
The City's General Municipal Election is scheduled for Tuesday, November 3, 2026. Staff recommends the City Council adopt a resolution calling for the election and directing the City Clerk, in cooperation with the Alameda County Registrar of Voters, to conduct the election and request consolidation from the Alameda County Registrar of Voters.
Staff Report
Livermore City Council Agenda May 11, 2026
8 Attachments:
1. District Map
2. Resolution
6.16 Resolution authorizing the execution of a three-year agreement with Eide Bailly, LLP for auditing services in an amount not-to-exceed $555,000 for fiscal years 2025-26 through 2027-
28. Recommendation:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a three-year agreement with Eide Bailly, LLP for auditing services in an amount notto-exceed $555,000 for fiscal years 2025-26 through 2027-28.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Eide Bailey Contract
6.17 Resolution Approving the FY 2026-27 Budget Update
Recommendation:
Staff recommends that City Council adopt a resolution approving the 2026-27 Budget Update.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - FY 2026-27 Budget Update Report
6.18 Resolution designating the Accounting Supervisor – General Ledger and Treasury as the City Treasurer
Recommendation:
Staff recommends City Council adopt a resolution designating the Accounting Supervisor – General Ledger and Treasury as the City Treasurer.
Staff Report
Attachments:
1. Resolution
6.19 Resolution authorizing the execution of Project and Program Grant Agreements with Anne Giancola in the amount of $2,200, Cheza Nami Foundation, Inc. in the amount of $10,000, D'Adonis Moquette in the amount of $7,500, Livermore Filipino American Organization in the amount of $10,000, Livermore Valley Performing Arts Center in the amount of $10,000, Livermore Valley Opera in the amount of $10,000, and Shakespeare's Associates, Inc. dba SPARC Theater in the amount of $10,000, consistent with the City's Public Art Policy.
Recommendation:
The Commission for the Arts and staff recommend the City Council adopt a resolution authorizing the City Manager to execute the following Project and Program Grant Agreements:
1. Anne Giancola, in the amount of $2,200 for "The Stories We Draw" Projection Display.
2. Cheza Nami Foundation, Inc., in the amount of $10,000 for the Taste of Africa Festival.
3. D'Adonis Moquette, in the amount of $7,500 for a Film and Media Summit.
Livermore City Council Agenda May 11, 2026
9 4. Livermore Filipino American Organization, in the amount of $10,000 a Filipino Barrio Festival.
5. Livermore Valley Performing Arts Center, in the amount of $10,000 for ArtWalk.
6. Livermore Valley Opera, in the amount of $10,000 for Opera in the Schools
7. Shakespeare's Associates, Inc. dba SPARC Theater, in the amount of $10,000 for "Shakespeare in the Vineyard".
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Anne Giancola - Project and Program Grant Agreement
3. Exhibit B - Cheza Nami Foundation, Inc. - Project and Program Grant Agreement
4. Exhibit C - D'Adonis Moquette - Project and Program Grant Agreement
5. Exhibit D - Livermore Filipino American Organization - Project and Program Grant Agreement
6. Exhibit E - Livermore Valley Performing Arts Center - Project and Program Grant Agreement
7. Exhibit F - Livermore Valley Opera - Project and Program Grant Agreement
8. Exhibit G - Shakespeare's Associates Inc. DBA SPARC Theater - Project and Program Grant Agreement
6.20 Resolution authorizing the continued participation of the City of Livermore in the Alameda County HOME Consortium for HOME Investment Partnership Program funds; and the execution of an agreement with Alameda County for participation in the Alameda County HOME Consortium for federal fiscal years 2027, 2028, and 2029.
Recommendation:
Staff recommends the City Council adopt a resolution:
1. Authorizing the participation by the City of Livermore in the Alameda County Home Investment Partnership Program Consortium for HOME Investment Partnership funds ("HOME"); and
2. Authorizing the City Manager to sign on behalf of the City of Livermore, the HOME Consortium Agreement with the County of Alameda for participation in the Consortium during federal fiscal years 2027, 2028, and 2029 to maintain the eligibility of the Consortium for HOME program funds in accordance with the National Affordable Housing Act of 1990.
Staff Report
Attachments:
1. Resolution
2. Exhibit A- HOME Consortium Agreement
6.21 Resolution authorizing the execution of Assignment and Assumption and Amendment of loan documents and a Subordination and Intercreditor Agreement with Owls Landing, L.P., for the Owl’s Landing Affordable Housing Project in the form substantially attached to the resolution.
Recommendation:
Staff recommends City Council adopt a Resolution authorizing the City Manager, or her designee, to:
Livermore City Council Agenda May 11, 2026
10 1. Execute the Assignment and Assumption and Amendment of Loan Documents with Owls Landing, L.P. for the Owl’s Landing Affordable Housing Project in substantial conformance with the agreement attached as Exhibit A.
2. Determine the Applicable Federal Rate of interest to be included in the Assignment and Assumption and Amendment of Loan Documents with Owls Landing, L.P. prior to execution.
3. Execute the Subordination and Intercreditor Agreement with Owls Landing, L.P. and Capital One, National Association, for the Owls Landing Affordable Housing Project in substantial conformance with the agreement attached as Exhibit B.
Staff Report
Attachments:
1. Attachment 1 - Loan Documents
2. Resolution
3. Exhibit A - Assignment and Assumption and Amendment
4. Exhibit B - Subordination and Intercreditor Agreement
6.22 Resolution adopting the Below Market Rate Rental Requirements for affordable units produced through the Inclusionary Housing Ordinance and City-assisted affordable housing developments.
Recommendation:
Staff recommends the City Council adopt a resolution approving the Below Market Rate Rental Requirements for units produced through the Inclusionary Housing Ordinance and Cityassisted affordable housing developments.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - BMR Rental Requirements
6.23 Resolution authorizing the annual display of the Philadelphia Rainbow Pride flag in June and the POW/MIA flag in November at the Civic Center Campus Recommendation:
Staff recommends the City Council adopt a resolution authorizing the annual display of the Philadelphia Rainbow Pride flag during the month of June and the POW/MIA flag during the month of November at the Civic Center Campus flagpole, with both displays to continue annually unless otherwise directed by the City Council.
Staff Report
Attachments:
1. Resolution
6.24 Resolution amending the City's Community Benefit Policy and appropriating $600,000 in Community Benefit funds.
Recommendation:
Staff recommends the City Council adopt a resolution amending the Community Benefit Policy and appropriating $600,000 in Community Benefit funds.
Livermore City Council Agenda May 11, 2026
11 Staff Report
Attachments:
1. Existing Community Benefit Policy
2. Resolution
3. Exhibit A - Community Benefit Policy Amendment
7. PUBLIC HEARINGS
7.1 Hearing to consider a resolution approving the FY 2026-27 Annual Action Plan; authorizing submittal to the U.S. Department of Housing and Urban Development; and authorizing execution of associated documents.
Recommendation:
The Human Services Commission and staff recommend the City Council adopt a resolution:
1. Approving the FY 2026-27 Annual Action Plan, attached hereto as Exhibit A, and authorizing submission of the Action Plan to Alameda County for inclusion with the Alameda County HOME Consortium report for submittal to HUD;
2. Authorizing the City Manager, or her designee, to negotiate and execute all documentation and agreements with HUD and any subgrantees that are necessary and appropriate to effectuate the FY 2026-27 Annual Action Plan, including, without limitation, the FY 2026-27 Entitlement Certifications, attached hereto as Exhibit B; and
3. Authorizing the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the FY 2026-27 Annual Action Plan.
Staff Report
Attachments:
1. Resolution
2. Exhibit A- Draft FY 2026-27 Action Plan
3. Exhibit B- HUD Certifications FY 2026-27 Entitlement
7.2 Hearing to consider a resolution authorizing Livermore Sanitation, Inc.’s requested rate adjustment for solid waste, recyclable materials, and compostable materials services, pursuant to the Third Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc., for Solid Waste, Recyclable Materials, and Compostable Materials Services and to amend Exhibit H to the Franchise Agreement to reflect the authorized increase of 1.65% to rates
Recommendation:
Staff recommends the City Council hold a public hearing and adopt a resolution authorizing Livermore Sanitation, Inc.’s requested rate adjustment for solid waste, recyclable materials, and compostable materials services, pursuant to the Third Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials, and Compostable Materials Services, and to amend Exhibit H to the agreement to reflect the authorized increase of 1.65% effective July 1, 2026.
Staff Report
Attachments:
1. Resolution
Livermore City Council Agenda May 11, 2026
12 2. Exhibit A - Customer Rates for Rate Period Seventeen
8. MATTERS FOR CONSIDERATION
8.1 Comprehensive General Plan Update – Draft General Plan 2045 Recommendation:
Staff recommends the City Council:
Receive a presentation on the Draft General Plan 2045;
Consider community, General Plan Advisory Committee (GPAC), and Planning Commission feedback on the Draft General Plan 2045; and Provide direction on any changes or revisions that should be incorporated into the Draft General Plan 2045.
Staff Report
Attachments:
1. Community Feedback on Draft General Plan 2045
2. Summary of GPAC Feedback on Draft General Plan
3. Recommended Revisions to Draft General Plan 2045
4. Livermore GPU 2045 Fiscal Impact Analysis
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, June 8, 2026 at 7:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.
11. SUPPLEMENTAL MATERIALS
11.1 Supplemental materials received prior to the meeting.
Staff Report
Attachments:
1. Supplemental Materials
11.2 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 Livermore City Council Agenda May 11, 2026
13 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 ([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 Livermore City Council Agenda May 11, 2026
14 If you would like to deliver written materials to the City Council as part of your public comment, please provide 10 copies to the City Clerk with your speaker card.
The City Council Agenda and Agenda Reports are prepared by City staff and are available for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://LivermoreCA.gov/agenda.
Under Government Code §54957.5, any supplemental material distributed to the members of the City Council after the posting of this agenda will be available for public review in the City Clerk’s Office, 1052 South Livermore Avenue, Livermore, and included in the agenda packet available on the City’s web site at http://LivermoreCA.gov/agenda.
PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT (CODIFIED AT 42 UNITED STATES CODE SECTION 12101 AND 28 CODE OF FEDERAL REGULATIONS PART 35), AND SECTION 504 OF THE REHABILITATION ACT OF 1973, THE CITY OF
LIVERMORE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION,
NATIONAL ORIGIN, ANCESTRY, SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE CONTACT THE ADA COORDINATOR AT [email protected] OR CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.
Livermore City Council Agenda May 11, 2026
15 CITY COUNCIL STAFF REPORT ITEM NO. 3.1
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Carl Brown, Public Works Director
SUBJECT: Proclamation declaring May 17-23, 2026, as National Public Works Week in the City of Livermore presented to Carl Brown, Public Works Director, and Joe Prime, Maintenance & Golf Operations Manager.
RECOMMENDED ACTION
Staff recommends City Council declare May 17-23, 2026, as National Public Works Week in the City of Livermore.
DECISION TYPE
Not Applicable
SUMMARY
DISCUSSION
ATTACHMENTS
1. Proclamation
Prepared by: Kathy Hughes
Administrative Assistant
16 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
17 18
CITY COUNCIL STAFF REPORT ITEM NO. 3.2
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Allen McFarland, Management Analyst II
SUBJECT: Commission for the Arts annual update presented by Chair Natalia Custodio.
RECOMMENDED ACTION
Staff recommends the City Council receive the Commission for the Arts annual update.
DECISION TYPE
Not Applicable
SUMMARY
DISCUSSION
ATTACHMENTS
Prepared by: Allen McFarland
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
19 CITY COUNCIL STAFF REPORT ITEM NO. 6.1
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Marianna A. Burch, City Manager
SUBJECT: Approval of draft minutes - March 23, 2026 Regular Meeting.
RECOMMENDED ACTION
Staff recommends the City Council approve the draft minutes.
DECISION TYPE
Administrative
SUMMARY
DISCUSSION
ATTACHMENTS
1. DRAFT 2026-03-23
Prepared by: Helena Graves
Acting City Clerk
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
20 MARCH 23, 2026 Minutes CM/76/1
DRAFT MINUTES
CITY COUNCIL
MARCH 23, 2026
________________________________________________________________
REGULAR MEETING
1. CLOSED SESSION - NONE
2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue.
ROLL CALL – Present: Mayor John Marchand, Vice Mayor Kristie Wang, Council Members, Ben Barrientos, Evan Branning, and Steven Dunbar.
PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS AND PRESENTATIONS – NONE
4. ADVISORY BODY APPOINTMENTS – NONE
5. OPEN FORUM
Mayor Marchand opened the public comment period.
Cy Matin provided a comment.
Richard Streeter provided a comment.
Joe Lee provided a comment.
There were no more speakers, and the public comment period was closed.
6. CONSENT CALENDAR
Mayor Marchand opened the public comment period.
Matt Monteriel provided a comment.
There were no more speakers, and the public comment period was closed.
ON THE MOTION OF COUNCIL MEMBER DUNBAR, SECONDED BY COUNCIL MEMBER BRANNING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
ATTACHMENT 1
21 CM/76/2 Minutes MARCH 23, 2026
6.1 Approval of draft minutes – February 23, 2026 and the March 9, 2026 Regular Meetings.
6.2 Resolution 2026-031 authorizing replacing State – Gas Tax funds with County Measure BB – Local Streets and Roads funds in FY 2025-26, authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the Flagpole Plaza Project DR202225.
6.3 Resolution 2026-032 authorizing execution of an agreement with Interwest Consulting Group, Inc., in an amount not-to-exceed $656,800 and a term ending December 31, 2031, to provide design and construction support services for the Street Resurfacing Project SM202501.
6.4 Resolution 2026-033 approving the funding agreement between the TriValley Transportation Council and the City of Livermore for the allocation of TriValley Transportation Development Funds (TVTDF) in the amount of $3,426,000 for environmental, permitting, right-of-way, and design activities associated with the Vasco Road/I-580 Interchange Project TI199352.
6.5 Resolution 2026-034 approving an exception to the Livermore Municipal Code bidding requirements and authorizing the sole sourcing of specific brand of EV charging equipment for the construction of the City’s Fleet Electrification Project Phase 2, Project BL202514.
6.6 Resolution 2026-035 authorizing the execution of a Housing In-Lieu grant agreement with Tri-Valley Haven for Women for the Emergency Shelter construction project in an amount of $1,200,000.
6.7 Resolution 2026-036 authorizing the execution of an agreement with Stanford Health Care Tri-Valley to provide professional occupational health-related medical services for term ending June 30, 2031, in an amount not-to-exceed $500,000.
6.8 Resolution 2026-037 authorizing the approval of the Altamont Settlement Agreement Education Advisory Board’s $617,625 Expenditure Plan for FY 2026-
27. 6.9 Resolution 2026-038 declaring parcels within the City which contain weeds, refuse, rubbish and/or dirt a public nuisance requiring abatement, directing staff to proceed with the annual Fire Hazard Abatement Program, and set a public hearing date of April 27, 2026, to receive protests and direct staff to proceed with field abatement work.
7. PUBLIC HEARINGS
7.1 Hearing to consider the 2025 Housing Element Annual Progress Report, which tracks the City’s progress towards implementing the Housing ATTACHMENT 1
22 MARCH 23, 2026 Minutes CM/76/3
Element of the General Plan and meeting its Regional Housing Needs Allocation pursuant to Government Code Section 65400.
Recommendation: Staff recommended the City Council adopt a resolution accepting the 2025 Housing Element Annual Progress Report and directed staff to file the report with the California Department of Housing and Community Development by the April 1, 2026, deadline.
Senior Planner Shannon Pagan presented the staff report.
Mayor Marchand opened the public hearing.
Jean King provided a comment.
Alan Marling provided a comment.
Matt Monterial provided a comment.
There were no more speakers, and the hearing was closed.
ON THE MOTION OF COUNCIL MEMBER DUNBAR, SECONDED BY COUNCIL MEMBER BRANNING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2026-039 accepting the 2025 Housing Element Annual Progress Report.
8. MATTERS FOR CONSIDERATION - NONE
9. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
Transportation management and paving in the Isabel Neighborhood Plan Council Member Dunbar proposed an ad hoc subcommittee. The Mayor recommended Council Member Dunbar and Council Member Branning be appointed to the subcommittee.
ON THE MOTION OF COUNCIL MEMBER DUNBAR, SECONDED BY MAYOR MARCHAND AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL AFFIRMED
COUNCIL MEMBER DUNBAR AND COUNCIL MEMBER BRANNING BE
APPOINTED TO THE AD HOC SUBCOMMITTEE THAT WILL BE IN PLACE FOR LESS THAN ONE YEAR PER THE CITY COUNCIL RULES OF PROCEDURE.
THE CITY MANAGER’S OFFICE WILL PROVIDE UPDATES THROUGH THE CITY COUNCIL CRITICAL PROJECTS STATUS UPDATES.
10. ADJOURNMENT – at 8:13 pm to a Regular City Council Meeting on Monday, April 13, 2026 at 7:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.
ATTACHMENT 1
23 CM/76/4 Minutes MARCH 23, 2026
APPROVED:
JOHN P. MARCHAND, MAYOR
ATTEST: ___
HELENA GRAVES, ACTING CITY CLERK
ATTACHMENT 1
24 CITY COUNCIL STAFF REPORT ITEM NO. 6.2
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution accepting public improvements constructed by Shea Homes, Inc., pursuant to the Subdivision Improvement Agreement for Phase 1 of Final Tract Map 8613 (Shea Portola Townhomes), located at the northeast corner of Collier Canyon Road and Portola Avenue, for permanent maintenance and authorizing release of security and accepting offers of dedication of Public Utility Easement, Sanitary Sewer Easement, and Emergency Vehicle Access Easement.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution:
1. Accepting Phase 1 of Final Tract Map 8613 public improvements for permanent maintenance;
2. Accepting, on behalf of the public, all real property offered for dedication within Phase 1 of Final Tract Map 8613, including Public Utility Easement, Sanitary Sewer Easement, and Emergency Vehicle Access Easement; and
3. Authorizing release of security provided for construction of the public improvements.
DECISION TYPE
Administrative
SUMMARY
On November 13, 2023, Phase 1 of Final Tract Map 8613 was approved by the City Council with a Subdivision Improvement Agreement and security for the construction of public infrastructure to serve the Shea Portola Townhomes residential project. Attachment 1 shows the location of the project. The public and private improvements for the project include public sewer, water, Class IV bike lane, a new traffic signal at the site entrance of Sedona Common and Portola Avenue, private streets, sidewalks, storm drain, open space, a bio-retention basin, and lighting. The developer, Shea Homes, Inc., has completed the public improvements of Phase 1 of Final Tract Map 8613 to the satisfaction of the City Engineer. The City Council can now accept Phase 1 of Final Tract Map 8613 public improvements for permanent maintenance, accept previously rejected offers of dedication, and release security.
DISCUSSION
25 The Shea Portola project consists of two separate phases, the Townhomes as Phase 1 and the Apartments as Phase 2. Phase 1 of Final Tract Map 8613 consists of 89 Townhome residential units, which are located at the northeast corner of Collier Canyon Road and Portola Avenue as shown in the Vicinity Map (Attachment 1). On November 13, 2023, Phase 1 of Final Tract Map 8613 was approved by City Council with a Subdivision Improvement Agreement and security for public improvements. At that meeting, Council also rejected the offers of dedication for the following streets and easements made on Phase 1 of Final Tract Map 8613:
Public Utility Easement,
Sanitary Sewer Easement, and
Emergency Vehicle Access Easement
On March 10, 2025, the First Amendment to the Subdivision Improvement Agreement for Tract 8613 was approved by Council to increase the reimbursement for traffic improvements, extend the time of completion, and reduce the bond for onsite and offsite bond amounts.
An offer of dedication is a formal act by a property owner to voluntarily donate land or property rights to a public entity for a specific public use, such as a street or utility easement. This offer is usually an initial step, and the public entity must accept the dedication for it to become legally binding. When Phase 1 of Final Tract Map 8613 was approved on November 13, 2023, the City Council rejected the offers of dedication made on the map but retained the right to accept the dedications at a later date when the improvements were complete.
Shea Homes, Inc., (Developer) is responsible for funding and constructing public and private improvements required for this development. The project includes the following public improvements:
sewer, water, Class IV bike lane with landscaped planter islands, bus turnout, additional on-street parking along the west side of Collier Canyon Road, and a new traffic signal at the project entrance of Portola Avenue and Sedona Common. The private infrastructure improvements include private streets, sidewalks, storm drains, open space, a bio-retention basin, and lighting.
The Developer has fulfilled all of the obligations as described in the Conditions of Approval and Subdivision Improvement Agreement for Phase 1 of Final Tract Map 8613 to the satisfaction of the City Engineer. The Subdivision Improvement Agreement required traffic improvements at the intersection of Portola Avenue and Sedona Common. These requirements are met with Portola Avenue and Sedona Common Traffic Signal Improvements, CIP Project No. TC202326, which includes the traffic signal, modifications to the south leg of the Sedona Common and Portola Avenue intersection, modifications to the Portola Right of Way on the south side of Portola Avenue, and modifications to the existing median.
The Developer completed all of the required work for Project TC202326.
The City Council can now accept Phase 1 of Final Tract Map 8613 for permanent maintenance, accept offers of dedication that were previously rejected, and release the security that was provided as surety for these public improvements as specified in the Subdivision Improvement Agreement.
FISCAL AND ADMINISTRATIVE IMPACTS
The estimated annual cost for maintenance of public infrastructure, including water, sewer, curb and gutter, bus turn out, traffic signal and striping is $16,000. This cost is funded by enterprise funds and gas 26 tax funds. In addition, the Developer has annexed into the Isabel Neighborhood Specific Plan Communities Facilities District (CFD No. 2023-1). As part of the Communities Facilities District, homeowners within this tract will be assessed annually to provide a portion of funds to maintain public amenities within the boundaries of the Isabel Neighborhood Specific Plan.
COMMUNITY PILLAR
2: Economy That Prospers
GOAL
4: Implement the Isabel Neighborhood Specific Plan
ATTACHMENTS
1. Vicinity Map
2. Resolution
Prepared by: Leo Sum
Assistant Civil Engineer
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
27 ³
ALL LOCATIONS ARE APPROXIMATE
LEGEND
CITY OF
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Date: 4/10/2026
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28 1 RESOLUTION NO. ________
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
EXEMPT FROM FILING FEES PURSUANT TO
GOV. CODE § 27383
CITY CLERK
CITY OF LIVERMORE
1052 S. LIVERMORE AVENUE
LIVERMORE, CA 94550
Space Above This Line For Recorder’s Use Only
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS
CONSTRUCTED BY SHEA HOMES, INC. AND SHEA CENTER
LIVERMORE, LLC PURSUANT TO THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR PHASE 1 OF FINAL TRACT MAP 8613 (SHEA
PORTOLA TOWNHOMES), LOCATED AT THE NORTHEAST CORNER
OF COLLIER CANYON ROAD AND PORTOLA AVENUE, FOR
PERMANENT MAINTENANCE AND AUTHORIZING RELEASE OF
SECURITY AND ACCEPTING OFFERS OF DEDICATION OF PUBLIC
UTILITY, SANITARY SEWER, AND EMERGENCY VEHICLE ACCESS
EASEMENTS
(Shea Homes, Inc. – Phase 1, Final Tract Map 8613)
On November 13, 2023, the City Council adopted Resolution No. 2023-196 approving Final Tract Map 8613 and authorizing the execution of a Subdivision Improvement Agreement with Shea Homes, Inc. and Shea Center Livermore, LLC (collectively, “Developer”) for Phase 1 of Developer’s project, also known as the Shea Portola Townhomes Project (“Phase 1”). On March 10, 2025, the City Council adopted Resolution No. 2025-033 authorizing the execution of a first amendment to the Subdivision Improvement Agreement. The Subdivision Improvement Agreement was recorded under Series No. 2023145319, dated December 13, 2023, Official Records of Alameda County, California, and the first amendment to the Subdivision Improvement Agreement was recorded under Series No. 2025038484, dated March 19, 2025, Official Records of Alameda County, California.
The City Engineer of the City of Livermore has filed with the City Clerk a report in writing that all public improvements constructed pursuant to the Subdivision Improvement Agreement, as amended, for Phase 1 of Final Tract Map 8613 have been completed by Developer to City of Livermore’s standards and are now ready for acceptance by the City of Livermore for permanent maintenance. 29 2 RESOLUTION NO. ________
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that:
1. The City Council hereby accepts all public improvements required to have been constructed pursuant to the Subdivision Improvement Agreement for Phase 1 of Final Tract Map 8613, recorded under Series No. 2023145319, dated December 13, 2023, Official Records of Alameda County, California, as amended by the first amendment to the Subdivision Improvement Agreement, recorded under Series No. 2025038484, dated March 19, 2025, Official Records of Alameda County, California (“Subdivision Improvement Agreement”).
2. The faithful performance bond guaranteeing the Subdivision Improvement Agreement is hereby released.
3. The labor and materials bond guaranteeing the Subdivision Improvement Agreement shall, six months after the date of this resolution, be reduced to an amount equal to the amount of all claims filed and of which notice has been given to the City of Livermore. The balance of the bond shall be released upon the settlement of all claims and obligations for which the security was given.
4. The security for the guarantee and warranty of the work under the Subdivision Improvement Agreement shall remain in effect for one year from the date of this resolution. The contractor/developer is required to reconstruct any deficiencies that occur and to repair or replace defective materials during the maintenance period.
5. Pursuant to Government Code sections 7050 and 66477.2, the City hereby rescinds its earlier action taken on November 13, 2023, to reject the offer of dedication of Public Utility Easement, Sanitary Sewer Easement, and Emergency Vehicle Access Easement, and accepts the offer of dedication of Public Utility Easement, Sanitary Sewer Easement, and Emergency Vehicle Access Easement for public purposes made on Final Tract Map 8613, recorded in the Office of the County Recorder on December 13, 2023, under Series Number 2023145319, Official Records of Alameda County, California.
6. The City Clerk is directed to record this resolution in the Office of the Alameda County Recorder.
7. The City Manager, or her designee, is authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 11, 2026, by the following vote:
30 3 RESOLUTION NO. ________
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly A. O’Toole
Helena Graves Molly A. O’Toole
Acting City Clerk Assistant City Attorney
31 CITY COUNCIL STAFF REPORT ITEM NO. 6.3
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution approving Final Parcel Map 11186, authorizing execution of a Subdivision Improvement Agreement for the Livermore Village site located at the southeast corner of the intersection of South L Street and Railroad Avenue, and accepting on behalf of the public, all real property offered for dedication within Final Parcel Map 11186 except for certain easements which the City Council reserves the right to accept at a future date.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution:
1. Finding that the requirements of the California Environmental Quality Act have been satisfied;
2. Approving and authorizing execution of the Subdivision Improvement Agreement for Final Parcel Map 11186 which includes a 12-month extension (24 months in total) to complete the required improvements;
3. Approving Final Parcel Map 11186 for recording; and,
4. Accepting, on behalf of the public, all real property offered for dedication within Final Parcel Map 11186 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: Sidewalk Easement (S.E).
DECISION TYPE
Administrative
SUMMARY
DTLM, L.P. (Developer) has completed a Final Parcel Map and Subdivision Improvement Agreement in conformance with the conditions of approval for Vesting Tentative Parcel Map 11186. Final Parcel Map 11186 consists of three lots with two apartment buildings located at the southeast corner of the intersection of South L Street and Railroad Avenue as shown on Attachment 1. The proposed Subdivision Improvement Agreement will secure the construction of the public and private improvements.
Public improvements include a new storm drain, emergency vehicle access road, stamped concrete path, trees, lighting, and sidewalk repairs. Private improvements include private storm drain, private sewer, private water, utilities, and lighting. Final Parcel Map 11186 can now be approved. All real property offered for dedication on Final Parcel Map 11186 can be accepted at this time except for the 32 following: Sidewalk Easement (S.E.), reserving the right to accept the offer at a future date. Parcel Map 11186 consists of development of two apartment buildings and associated parking, lighting, landscaping, and other improvements.
DISCUSSION
On May 24, 2021, the City Council approved Vesting Tentative Parcel Map 11186 (SUB 21-003), and the conditions of approval for the Livermore Village site, consisting of 130 affordable residential units in two, four-story buildings with underground parking located at the southeast corner of the intersection of South L Street and Railroad Avenue, as shown in the Vicinity Map (Attachment 1). Staff has found the Final Parcel Map 11186 and improvement plans to be in substantial conformance with the conditions of approval for Vesting Tentative Parcel Map 11186. The improvement plans have been approved and are on file with the City Engineer.
On May 24, 2021, the City Council adopted Resolution No. 2021-071, determining that the proposed project is statutorily exempt from review under the California Environmental Quality Act (CEQA) as a project that is consistent with a specific plan for which an EIR has been certified per the Government Code section 65457 and CEQA Guidelines Section 15182(c).
The approval of the final map is a ministerial act which is not subject to the requirements of CEQA. (Public Resources Code Section 21080(b)(1) and CEQA Guidelines 15268.) The Developer is responsible for funding and constructing public and private improvements required for this development. The public improvements include new storm drains, an emergency vehicle access road, a stamped concrete path, trees, lighting, and sidewalk repairs. The private improvements include a 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 surety securing the construction of improvements per the provisions of the Subdivision Improvement Agreement. The sureties are on file in the City Clerk's office. The sureties will be released once the public improvements have been completed and accepted by the City.
According to Development Code section 10.05.090, the subdivider must complete the improvements within 12 months from the date of recording of the final map, unless an extension is granted by the City Council. The subdivider has requested a 12-month extension to complete the improvements. Staff recommends that a 12-month extension should be granted to the subdivider, for a total of 24 months, to provide ample time to complete the improvements as required.
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 include a new storm drain, an emergency vehicle access road, stamped concrete path, trees, lighting, and sidewalk repairs.
Final Parcel Map 11186 dedicates a portion of the parcel to the City in fee for the future construction of Veteran's Park. Final Parcel Map 11186 also includes an offer of dedication for a sidewalk easement.
Staff recommends the Council reject the sidewalk easement (S.E.), reserving the right to accept the offer at a future date after these public improvements have been completed. 33 FISCAL AND ADMINISTRATIVE IMPACTS
The estimated annual cost for maintenance of public infrastructure, including the sidewalks, curb, gutter, and storm drains is $2,511. These costs will be funded by the General Fund (Fund 100) and other use taxes. Landscape Maintenance District No. 859 (LL-859) will cover the cost of the maintenance of the stamped concrete path and the emergency vehicle access road.
COMMUNITY PILLAR:
1: A Safe Community That Thrives
GOAL:
7: Expand and preserve the supply of affordable housing opportunities
ATTACHMENTS
1. Vicinity Map
2. Resolution
3. Exhibit A - Final Parcel Map 11186
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
34 ³
ALL LOCATIONS ARE APPROXIMATE
LEGEND
CITY OF
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35 1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING FINAL PARCEL MAP 11186,
AUTHORIZING EXECUTION OF A SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE LIVERMORE VILLAGE DEVELOPMENT
LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION
OF SOUTH L STREET AND RAILROAD AVENUE, AND ACCEPTING
ON BEHALF OF THE PUBLIC, ALL REAL PROPERTY OFFERED FOR
DEDICATION WITHIN FINAL PARCEL MAP 11186 EXCEPT FOR
CERTAIN EASEMENTS WHICH CITY COUNCIL RESERVES THE
RIGHT TO ACCEPT AT A FUTURE DATE
(FINAL PARCEL MAP 11186 – LIVERMORE VILLAGE
DEVELOPMENT)
DTLM L.P. (“Developer”) has presented Final Parcel Map 11186 (SUB21-003) 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 Subdivision Improvement Agreement which recommends approval.
The City Attorney has reviewed the surety provided by DTLM L.P. to secure performance of the Subdivision Improvement Agreement as required by California and City law.
On May 24, 2021, the City Council approved Resolution No. 2021-072, which, among other things, approved Vesting Tentative Parcel Map 11186 (SUB 21-003), subject to the conditions of approval. The City Council also adopted Resolution No. 2021-071, where the City Council found that the proposed project is statutorily exempt from review under the California Environmental Quality Act (CEQA) as a project that is consistent with a specific plan for which an EIR has been certified per the Government Code section 65457 and CEQA Guidelines Section 15182(c).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that the approval of the final map is a ministerial act and therefore not subject to the California Environmental Quality Act. (Public Resources Code Section 21080(b)(1) and CEQA Guidelines 15268.) Additionally, any potential impacts to the environment that may be caused by approval of Final Parcel Map 11186 and the Subdivision Improvement Agreement are within the scope of the environmental review 36 2 RESOLUTION NO. ________
approved as part of Resolution No. 2021-071. Accordingly, 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 11186, attached hereto as Exhibit A, is approved and all those parcels of land, easements, and other legal interests in land offered for public use are accepted in conformity with the terms of the offer, except for the following which the City Council rejects at this time, reserving the right to accept the offers at a future date subject to Government Code Sections 66477.2 and 7050:
Sidewalk Easement.
2. The Subdivision Improvement Agreement, attached hereto as Exhibit B, is approved and the Mayor is authorized to sign the Agreement on behalf of the City of Livermore. Pursuant to Section 10.05.090 of the Livermore Development Code, the City Council granted the Developer a 12-month extension allowing the Developer a total of 24 months from the date the Subdivision Improvement Agreement is executed to complete the required improvements.
3. The City Clerk is directed to execute the certificate attached to the Final Parcel Map 11186 and affix the Seal of the City and to record the Final Parcel Map 11186, and the Subdivision Improvement Agreement with the County Recorder.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 11, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Kimberly Cilley_____
Helena Graves Kimberly D. Cilley
Acting City Clerk City Attorney
Exhibit A – Final Parcel Map 11186
Exhibit B – Subdivision Improvement Agreement
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EXHIBIT A
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EXHIBIT A
40
EXHIBIT B
41 EXHIBIT B
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50 EXHIBIT B
51 EXHIBIT B
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68 CITY COUNCIL STAFF REPORT ITEM NO. 6.4
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing execution of an agreement with East Bay Municipal Consulting to provide on-call plan check and development review services with a not-to-exceed amount of $800,000 and a term ending December 31, 2031.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with East Bay Municipal Consulting to provide on-call plan check and development review services, with a not-to-exceed amount of $800,000 and a term ending December 31, 2031.
DECISION TYPE
Administrative
SUMMARY
The proposed agreement with East Bay Municipal Consulting will provide on-call engineering plan review services, technical assistance, and coordination assistance with developers and agencies for development projects. Professional services, under this agreement, include review of development plan and map submittals, subdivision map review, legal description review, and assorted general engineering review and project management services. The contract has a not-to-exceed amount of $800,000 with services through the end of 2031.
DISCUSSION
The Engineering Division requires multiple engineering consultants to provide plan checking, review development projects, final map review, legal description review, and assorted general engineering plan review services in connection with a variety of development and capital improvement projects. The workload related to development review fluctuates and the support of consultants allows the Engineering Division to provide quality reviews and timely customer service for the public, developers, and City of Livermore (City) staff.
In 2024, staff sent out a Request for Qualifications/Proposals and received Statements of Qualifications 69 from 11 firms. The Statements of Qualifications were reviewed by a three-person selection committee, and the top five firms were selected for interviews. The consultants were rated individually by each committee member based on overall experience, local experience, quality of personnel, ability to respond to the City's needs on a timely basis, and responses to technical questions provided during the interviews. Based on evaluation of the written proposals and interview results, East Bay Municipal Consulting was short listed as a qualified firm.
This past fiscal year, development activity has continued to increase as economic activity in the region grows. East Bay Municipal Consulting has worked satisfactorily with staff to process development projects in the past and has provided much needed assistance on development projects and capital improvement projects. The current agreement with East Bay Municipal Consulting is nearing completion.
In order to continue to utilize the services provided by East Bay Municipal Consulting, a new agreement is proposed to allow for on-call plan check and development engineering review services through 2031 with a maximum expenditure allowance of $800,000. This agreement authorizes the City Engineer to approve work tasks related to the contract within the overall budget amount.
Staff recommends entering into professional service agreement with East Bay Municipal Consulting to provide on-call plan check and development engineering review services.
FISCAL AND ADMINISTRATIVE IMPACTS
The estimated total amount of work for East Bay Municipal Consulting is expected to be approximately $160,000 per year for each of the next five years. Funding for services rendered under this agreement is included in the Engineering operating budget for consultant services. Plan check fees received from developers cover these operating budget costs.
COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
9: Facilitate new development consistent with the City's General Plan
ATTACHMENTS
1. Resolution
2. Exhibit A - East Bay Municipal Consulting Agreement
Prepared by: Debbie Salgado
Senior Civil Engineer
70 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
71 1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH EAST BAY MUNICIPAL CONSULTING FOR ONCALL PLAN CHECK AND DEVELOPMENT REVIEW SERVICES WITH A NOT-TO-EXCEED AMOUNT OF $800,000 AND A TERM ENDING
DECEMBER 31, 2031
The Engineering Division requires multiple engineering consultants to provide plan checking and review of development projects, final map review, legal description review, and assorted general engineering plan review services in connection with a variety of development projects. The consultant will assist in performing timely development review during workload surges.
Staff sent out a Request for Qualifications/Proposals and received Statements of Qualifications from several firms. Based on the evaluation of the written proposals and interview results, East Bay Municipal Consulting was selected by the selection committee for on-call plan check and development engineering review services.
The proposed agreement with East Bay Municipal Consulting would commence April 27, 2026, and terminate December 31, 2031.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby:
1. Authorizes the City Manager, or her designee, to execute a professional services agreement with East Bay Municipal Consulting, attached hereto as Exhibit A, for on-call plan check and development review services, in an amount not-to-exceed $800,000 and a term ending December 31, 2031.
2. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 11, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
72 2 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Helena Graves Tara Mazzanti
Acting City Clerk Senior Assistant City Attorney
Exhibit A – East Bay Municipal Consulting Agreement
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25-0983
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 East Bay Municipal Consulting (“Consultant”), a(n) California Sole Proprietorship.
RECITALS
City requires professional services to provide on-call engineering map and plan review, including planning entitlements, public improvements, and related calculations for various development assignments and miscellaneous City capital improvement projects.
Consultant represents and warrants that it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges City has relied upon these representations and warranties as inducement to award this Agreement to Consultant.
AGREEMENT
NOW, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:
1. Retention as Consultant. City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the Services described and defined below in Section 3 Description of Services subject to the terms and conditions in this Agreement.
2. Relationship of Parties – Independent Contractors.
(a) The relationship of the parties shall be that of independent contractors.
Consultant is and shall at all times remain as to City a wholly independent contractor during the term of this Agreement.
(b) Consultant and its personnel performing the Services on behalf of Consultant are not City officers or employees. Consultant’s personnel shall at all times be under Consultant’s exclusive direction, control, supervision, and management.
Consultant, at its own cost and expense, is responsible for all workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the Services by Consultant’s personnel. (c) Consultant and its personnel providing the Services shall not qualify for or become entitled to, and hereby waive any claims to, any compensation, benefit, or any incident in employment by City, including but not limited to enrollment in the California Public Employees Retirement System (PERS) as an employee of City and any entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
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(d) Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, and shall have no authority, express or implied, to bind City to any obligation whatsoever.
3. Description of Services. Consultant shall provide the 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 Jarrett Rasmussen (“Project Manager”), or such other person designated as the Project Manager by City; (b) At all times faithfully, competently, and diligently perform the Services to the best of its ability, experience, and talent in a courteous manner to the highest industry standards when performing the Services required hereunder. For the purposes of this Agreement the phrase “highest industry standards” means those professional standards recognized by one or more professional consultants performing similar Services under similar circumstances within City’s region;
(c) Provide the resources and assign competent Consultant personnel necessary to complete the Services in a timely manner;
(d) Immediately remove and replace, without any cost to City, any member of Consultant’s personnel providing the Services to City, in its sole discretion and at any time during this Agreement, directs Consultant to remove and replace, and City agrees to advise Consultant of the reason for the direction for the removal and replacement; (e) Provide all facilities, goods, materials, and equipment that may be necessary for Consultant’s personnel to provide the Services. City may furnish physical facilities such as desks, filing cabinets, and conference space that may be reasonably necessary for Consultant’s use for the Services, but in no event shall City be required to furnish any facilities that involve incurring a direct expense such as computer, software, long-distance telephone or other communication charges, vehicles, or document reproduction facilities;
(f) Obtain and keep in effect during the term of this Agreement all necessary licenses, permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services, including obtaining a business license from the City of Livermore, and keep them all in effect for the term of this Agreement;
(g) Obtain and complete the appropriate City forms for the City to pay Consultant electronically via the Automated Clearing House (ACH). Those forms may be obtained by email at [email protected] or by calling Accounts Payable staff at (925) 960-4345. If Consultant opts-out of electronic payment, it must likewise complete the appropriate City forms that can be obtained from those same sources for payment by check. The authority granted by those forms will remain in force and effect Docusign Envelope ID: AB5B6544-1B25-8872-80A2-DA4E1405F836 EXHIBIT A Page 2 of 18
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until the City receives written notification of changes, which changes shall not take effect for at least ten business days to afford City a reasonable opportunity to act; (h) Provide City with a complete Request for Taxpayer Identification Number and Certification Form W-9 using the form most recently issued by the Internal Revenue Service;
(i) Comply with all applicable state and federal laws, as well as Alameda County and City of Livermore ordinances, regulations, and adopted codes, when providing the Services;
(j) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested, and if requested by the Project Manager, Consultant shall certify the correctness of any invoice or invoices for Services provided. Consultant shall not submit an invoice to City more frequently than once a calendar month;
(k) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least three years from the date of City’s final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment. Consultant shall make the invoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Consultant shall give City 30 calendar-days’ written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants to take possession, then Consultant and City shall coordinate delivery of the invoices and records to City in the most efficient manner possible;
(l) Be available to the Project Manager, City staff, and other parties referred to Consultant by the Project Manager to answer questions or inquiries related to the Services or invoices;
(m) Prepare and submit a written report to the Project Manager, within three business-days of the Project Manager’s written request, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;
(n) Correct all errors in the Services. If Consultant fails to make such correction in a timely manner, then City may make the correction and then charge the cost thereof to Consultant or deduct that cost from the compensation payable to Consultant; (o) Comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA, when providing the Services; and,
(p) If applicable, Consultant shall ensure that all work for compensation is provided in compliance with the requirements of the California Labor Code including but Docusign Envelope ID: AB5B6544-1B25-8872-80A2-DA4E1405F836 EXHIBIT A Page 3 of 18
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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 04/27/2026, and terminates upon the completion of the Services or 12/31/2031, whichever occurs first.
6. Termination by City. City may terminate any portion or all of the Services by giving Consultant at least 30 calendar-days’ written notice. Upon receipt of a termination notice, Consultant shall immediately stop all work in progress on the Services except where necessary to preserve the benefit of the work, and Consultant shall then assemble the work on the Services for delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with and subject to Section 7.
7. Compensation and Payment.
(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $800,000.00 ("not-to-exceed amount"). (b) City shall compensate Consultant for the Services rendered at the hourly rates or task amounts set forth in Exhibit B Fee Schedule, and shall reimburse Consultant for travel expenses and other costs that are identified in Exhibit B, up to the not-to-exceed amount.
(c) Consultant and City acknowledge that compensation paid by City to Consultant pursuant to this Agreement is based upon Consultant’s estimated costs to provide the Services, including the salaries and benefits paid by Consultant to its personnel. Consequently, Consultant and City further agree that compensation paid by City to Consultant is intended to include the costs of contributions to any pensions or annuities, or both, to which Consultant and its personnel may be eligible, and that City has no responsibility for contributions beyond the compensation paid to Consultant under this Agreement. As provided this Agreement, the hourly rates, task amounts and reimbursement for specified travel expenses and costs in the Fee Schedule are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services, including all taxes Consultant is required to pay. (d) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.
(e) City shall pay Consultant via the Automated Clearing House or as otherwise instructed by Consultant pursuant to Section 4(g) above.
8. Ownership of Documents. All 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.
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9. Intellectual Property, Copyright, and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disclosed by Consultant to City and Consultant obtains a license to such items for the benefit of City.
All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.
10. Confidentiality. Consultant shall not disclose any confidential or proprietary information received from City to anyone except Consultant’s personnel who require access to the information to perform the Services. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are returned to City or confirmed destroyed in a manner satisfactory to City.
11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Consultant shall hold harmless, indemnify, and defend with counsel selected by or otherwise acceptable to City, City and its elected and appointed officials, officers, directors, employees, agents, and designated volunteers (collectively “Indemnified Parties”) from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services, or in connection with Consultant’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of the Indemnified Parties. Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by City.
(a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Consultant’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.
(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for 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 Docusign Envelope ID: AB5B6544-1B25-8872-80A2-DA4E1405F836 EXHIBIT A Page 5 of 18
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Agreement policies of insurance in the amounts and under the terms set forth in Exhibit C Insurance Requirements against claims and Liability that may arise from or in connection with this Agreement and performance of the Services. Upon reasonable written notice, Consultant shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.
13. Force Majeure; Service Delays. Should Consultant’s performance of the Services be obstructed or delayed due to changes in the Services by City, by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain goods, materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then Consultant’s time for performance may, at City’s sole discretion, be extended for such periods as may be agreed upon by City and Consultant. Nothing in this section restricts City’s authority in Section 6 to terminate this Agreement.
14. Acceptance of Final Payment. Consultant’s acceptance of final payment will release City from any and all claims and liabilities for compensation under this Agreement.
15. Acceptance of Work. City’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy, completeness, or competency of the Services, nor do the actions constitute an assumption of Consultant’s responsibility or liability by City for any defect or error in the Services.
16. Conflict of Interest. Consultant represents that no City employee or official has a financial interest in Consultant. Consultant shall not offer, encourage, or accept any financial interest in any part of Consultant's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party, Consultant represents that it has not performed any work for that private party during the twelve-month period prior to the execution of this Agreement, and that it shall not negotiate, offer, or accept any contract for services from that party during the term of this Agreement.
17. Economic Disclosure. Consultant shall comply with City’s local conflict of interest code implementing the California Political Reform Act, and shall prepare and file an economic disclosure statement if the Services involve making, or participation in making, governmental decisions or financial decisions by City that may have a material effect on Consultant’s financial interests as determined by the City Attorney’s Office.
While it is Consultant’s sole responsibility to evaluate its conflicts of interest, Consultant nevertheless agrees to prepare and file an economic disclosure statement if requested by City.
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 Docusign Envelope ID: AB5B6544-1B25-8872-80A2-DA4E1405F836 EXHIBIT A Page 6 of 18
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preceding the decision or within the twelve months following the date of the final decision.
Consultant shall review and complete as necessary the City’s California Levine Act Disclosure Statement that can be obtained from the City Clerk.
19. Use of Recycled Products. If fitness and quality are equal, then Consultant shall utilize recycled products consistent with the City’s Environmentally Preferrable Purchasing and Practices Policy, and as defined in California Public Contract Code Section 12200 for the Services, instead of nonrecycled products whenever recycled products are available at the same or a lesser cost than nonrecycled items. Information on recycled materials can be found here:
• Sustainable Purchasing | StopWaste - Home, Work, School • Reducing Waste at Work | StopWaste - Home, Work, School • Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing | US EPA
20. Non-Exclusive Agreement. This Agreement is non-exclusive. City reserves the right to provide, and to retain other qualified consultants to provide, services that are the same or similar to the Services.
21. Business Entity Status. Consultant is responsible for filling all required documents and forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, as well as the California Business and Professions Code and any other state statute, to the extent such requirements apply to Consultant to provide the Services. By entering into this Agreement, Consultant represents that it is: authorized to do business in California; in good standing with the California Secretary of State; and, in good standing with all agencies having jurisdiction over Consultant, including any licensing agencies. If Consultant is a suspended entity at the time it enters into this Agreement, City may take steps to void this Agreement.
22. Authority to Execute Agreement. Consultant has taken all necessary action to authorize the execution of this Agreement, and expressly represents that the person signing this Agreement on behalf of Consultant has received and accepted the authority to sign and execute this Agreement on behalf of Consultant. Upon the Effective Date, this Agreement shall constitute a legal, valid and binding obligation of Consultant, enforceable against Consultant in accordance with its terms, which authorization is ratified and confirmed upon Consultant’s acceptance of the first compensation payment by City.
23. No Subcontracting and No Assignment. Consultant’s unique personal competence, experience, specialized personal knowledge, and professional reputation were a substantial inducement to City for the award of this Agreement to Consultant, therefore no part of the Services may be assigned or subcontracted without City’s prior written consent. For the purposes of this section, a change of fifty percent or more in the ownership or control of Consultant constitutes an assignment.
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 Docusign Envelope ID: AB5B6544-1B25-8872-80A2-DA4E1405F836 EXHIBIT A Page 7 of 18
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or remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, Consultant must present a written claim to City in accordance with Livermore Municipal Code Chapter 3.40 Claims Administration.
25. Work Eligibility. Consultant warrants that only personnel authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be provided by Consultant for the performance of the Services.
26. Non-Discrimination. In performance of the Services, Consultant agrees that it will not engage in discrimination in employment of persons because of such person’s race, color, religion, sex/gender, gender identity/expression, sexual orientation, marital status, medical condition, military or veteran status, national origin, ancestry, disability, genetic information, age, or any protected classification when providing the Services. Consultant further agrees to comply with all provisions of Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in all programs or activities receiving federal financial assistance. Consultant further assures that it will take necessary actions to ensure compliance with these requirements in the performance of this Agreement.
27. Construction of Language.
(a) The terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and any exhibit hereto, the language in the body of the Agreement controls.
(b) For the purposes of this Agreement, the terms “writing” and “written” includes electronic documents and communication via email, but not when those terms are used in Sections 6, 12, 23, and Sections 27 through 30 for notices, consent, or modifications. For the notices, consent, and modifications in Sections 6, 12, 23, and Sections 27 through 30, the terms “writing” and “written” means either a physically tangible document or an electronic document that satisfies the requirements in Livermore Municipal Code Section 2.64 Electronic Signatures.
28. Entire Agreement; Modification. This Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Services.
Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archival copy maintained by City can be used in place of the original for all purposes with the same effect as if it was the original.
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:
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TO CITY: Attention: Jarrett Rasmussen
City of Livermore / Community Development
1052 South Livermore Avenue Livermore, CA, 94550
[email protected]
Email: [email protected]
[email protected]
[email protected]
TO CONSULTANT: Attention: Bashir Anastas
East Bay Municipal Consulting
484 Lake Park Avenue #644
Oakland, CA, 94610
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 nonbreaching party.
31. Severability. If a court of competent jurisdiction determines a provision in this Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired in any way.
32. Survival. The terms, 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.
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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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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:
____________________________ ___________________________ Bashir Anastas
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
Scope of Work
Scope of Work Description
East Bay Municipal Consulting shall provide municipal engineering consulting services to support development review, map processing, improvement plan review, building permit review, CIP project management, and related engineering services. Services shall be performed under the direction and priority assignment of the City Project Manager.
Contractor/Vendor Responsibilities
East Bay Municipal Consulting, through Bashir Anastas, Principal, shall provide the following services:
1. Development Review – Map Services
• Prepare draft conditions of approval as requested.
• Review subdivision maps for technical accuracy and compliance with the City’s Subdivision Ordinance, the California Subdivision Map Act, and project Conditions of Approval.
• Prepare correspondence, agreements, reports, and staff reports necessary to complete the map review process.
• Review and process Lot Line Adjustments and Lot Mergers. • Review and process dedications and vacations of City right-of-way and easements.
2. Improvement Plan Review
• Establish performance, labor, and material bond amounts and applicable development fees.
• Review on-site and off-site improvement plans for conformance with City standards, development code, and Conditions of Approval. • Evaluate required reports, studies, improvement plans, design professional recommendations, and cost estimates.
• Attend meetings as requested by the City.
3. Building Permit Review
• Review site plans for conformance with approved Conditions of Approval. • Review utility connections for compliance with City standards. • Review grease interceptor and trash enclosure requirements where applicable.
• Calculate applicable impact fees.
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4. CIP Project Management Services
• Provide overall project management for assigned Capital Improvement Program (CIP) projects from initiation through closeout. • Develop and maintain project schedules, budgets, and cost tracking reports.
• Coordinate with internal departments, utilities, regulatory agencies, and external stakeholders.
• Oversee preparation, review, and processing of plans, specifications, and engineer’s estimates (PS&E).
• Support procurement activities, including preparation of bid documents and responses to bidder inquiries.
• Administer construction contracts, including review of submittals, RFIs, change orders, pay applications, and claims.
• Conduct or coordinate construction meetings and site visits, as required. • Monitor construction progress for compliance with plans, specifications, budget, and schedule.
• Prepare status reports and provide regular updates to the City Project Manager.
• Assist with project closeout, including punch list coordination, final documentation, and record drawings.
CIP project management services are administrative and advisory in nature and do not include responsibility for construction means, methods, sequencing, or safety.
5. Other Services
• Provide assistance with additional municipal engineering services as assigned by the City Project Manager.
All services shall be subject to final review and approval by City staff.
City Project Manager Responsibilities
1. Assign priorities and authorize tasks.
2. Provide access to relevant project files, standards, ordinances, and reference materials.
3. Coordinate internal City department review as necessary.
4. Review submitted work products and provide direction and approvals.
5. Manage invoices and process payments in accordance with contract terms.
Deliverables
Deliverables shall be provided as mutually agreed upon by the parties and as applicable to the specific tasks authorized by the City Project Manager. Such deliverables may include, but are not limited to, written review comments, draft and final conditions of approval, correspondence, reports, agreements, calculations, technical memoranda, Docusign Envelope ID: AB5B6544-1B25-8872-80A2-DA4E1405F836 EXHIBIT A Page 13 of 18
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status updates, and other documentation reasonably necessary to support the assigned services.
Frequency, format, and level of detail for deliverables shall be determined based on project needs and direction from the City Project Manager.
Schedule & Timeline
Services will be provided on an as-needed basis according to priorities set by the City Project Manager.
This agreement is anticipated to operate on a time-and-materials basis. Any estimated level of effort or total hours, if applicable, will be determined through authorizations issued by the City.
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EXHIBIT B
FEE SCHEDULE
The Contractor shall be compensated for the services identified in ExhibitsAto this Agreement as follows:
1. Maximum Not to Exceed amount.
A. The maximum the Contractor shall be paid on this Agreement is $800,000.00 hereafter the Not to Exceed amount. The Not to Exceed amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work not identified in Exhibit A.
B. Standard Reimbursable Items: Only the reimbursable items identified shall be compensated to the Contractor. Reimbursable expenses will be reimbursed without markup. Reimbursable expenses shall not exceed the amount set forth in section 1.A of this Exhibit and a copy of the original invoice for the items listed in sections 1, 2 or 3 below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. Additionally, items such as a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary, and actually incurred, by the Contractor in connection with the services:
1. Expenses, fees or charges for printing, reproduction, or binding of documents at actual costs with no markup added to the actual cost.
2. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost.
3. Travel expenses shall be reimbursed at actual costs with no markup added to the actual cost.
C. The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the Not to Exceed amount is reached. Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment, and Contractor shall have no obligation to perform Services Docusign Envelope ID: AB5B6544-1B25-8872-80A2-DA4E1405F836 EXHIBIT A Page 15 of 18
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beyond the Not-to-Exceed amount unless such Amendment is fully executed by both parties.
D. If work is completed before the Not to Exceed amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.
2. Pricing
Total Contract Amount........................................................................................ $800,000
3. Terms of Payments
Invoices shall be submitted monthly and are due within thirty (30) days of receipt.
4. Hourly Rates
The Not-to-Exceed amount of this contract shall be $800,000 to be billed by the contractor on an as-needed basis, based on the hourly rates in the following table:
Position Description Hourly Rate
Principal in Charge $220
If/when related services are requested by City:
Surveyor $240
Associate Engineer $190
5. Invoices. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit. Invoices shall be submitted to the below address:
City of Livermore
Engineering Division
Attention: Jarrett Rasmussen, Associate Civil Engineer
1052 South Livermore Avenue
Livermore, CA 94550
Docusign Envelope ID: AB5B6544-1B25-8872-80A2-DA4E1405F836 EXHIBIT A Page 16 of 18
89 Revised 7/9/2024 B5
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:
$1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation and Employer's Liability:
Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability”.
4. Professional Liability/Errors and Omissions:
$1,000,000 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: AB5B6544-1B25-8872-80A2-DA4E1405F836 EXHIBIT A Page 17 of 18
90 Revised 7/9/2024 B5
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: AB5B6544-1B25-8872-80A2-DA4E1405F836 EXHIBIT A Page 18 of 18
91 CITY COUNCIL STAFF REPORT ITEM NO. 6.5
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing an appropriation of the Habitat Conservation Plan grant, State Grants Fund 240, in the amount of $700,000 for development of the Livermore Habitat Conservation Plan and environmental document.
RECOMMENDED ACTION
Staff recommends City Council adopt a resolution authorizing an appropriation of the Habitat Conservation Plan grant, State Grants Fund 240, in the amount of $700,000, for development of the administrative draft of the Livermore Habitat Conservation Plan (HCP) and environmental document.
DECISION TYPE
Administrative
SUMMARY
The Livermore Habitat Conservation Plan (HCP) is currently being developed to provide a coordinated framework for compliance with the Endangered Species Act, which will allow certain projects and activities to proceed while minimizing and mitigating impacts to species and habitat.
The City of Livermore (City) received a $700,000 grant from the California Department of Fish and Wildlife (CDFW) to prepare the public draft HCP and associated environmental documents. The City initially budgeted $350,000 across Fiscal Years 2023-24, 2024-25, and 2025-26. The grant was received but never taken to City Council to appropriate the $700,000. To complete project deliverables outlined in the grant agreement and close out the grant, the City must authorize an appropriation of the Habitat Conservation Plan grant, State Grants Fund 240, in the amount of $700,000, for development of the Livermore Habitat Conservation Plan and environmental document.
DISCUSSION
A habitat conservation plan is a federal permitting document that defines a comprehensive approach to endangered species permitting. The City of Livermore's, Habitat Conservation Plan (HCP) will provide multiple benefits to the City, including comprehensive habitat conservation planning, streamlined 92 permitting for maintenance and capital improvement projects, and potential reduced cost for federal endangered species regulatory compliance and mitigations.
The Conservation Planning Assistance (CPA) program is a federal grant initiative managed by the U.S.
Fish and Wildlife Service (USFWS) under the Cooperative Endangered Species Conservation Fund (CESCF) that provides federal financial support for the development of HCP's. The grant is awarded to the CDFW, who then administers those funds to applicants.
On January 10, 2022, City Council adopted a resolution authorizing staff to submit a grant application for the CPA program. On February 13, 2023, City Council adopted a resolution accepting $700,000 of grant funds and authorizing execution of a grant agreement with CDFW to prepare the HCP. On September 25, 2023, City Council adopted a resolution authorizing a first amendment to the professional services agreement with ICF Jones and Stokes Inc., for preparation of the public draft HCP and associated environmental documents.
The development of the HCP coincided with the City’s General Plan update and Environmental Impact Report. When the schedule for the General Plan update shifted, staff amended the HCP grant scope to better align with the General Plan update and ensure the remaining work could be completed within the grant’s timeline. To fully utilize the current grant, the City must authorize the appropriation of the Habitat Conservation Plan grant, State Grants Fund 240, in the amount of $700,000 to complete the amended grant scope and close out the project.
Staff also applied for a new grant to fund the remaining tasks and additional work required to adopt the final HCP and its environmental document. The new grant is expected to be awarded in October 2026.
FISCAL AND ADMINISTRATIVE IMPACTS
Staff originally budgeted $350,000 in the engineering operating budget for Fiscal Years 2023-24, 2024- 25 and 2025-26 for preparation of the HCP. An appropriation of the Habitat Conservation Plan grant, State Grants Fund 240, in the amount of $700,000, the total grant amount, is required to complete remaining tasks that are scoped in the amended HCP agreement and close out the project.
COMMUNITY PILLAR
3: Environmental Stewardship
GOAL
3: Help the City fulfill its obligations under state and federal environmental regulations, and in response to regulatory oversight
ATTACHMENTS
1. Resolution
Prepared by: Pam Lung
Special Projects Coordinator
93 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
94 1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING AN APPROPRIATION OF THE
HABITAT CONSERVATION PLAN GRANT, STATE GRANTS FUND
240, IN THE AMOUNT OF $700,000 FOR DEVELOPMENT OF THE
LIVERMORE HABITAT CONSERVATION PLAN AND
ENVIRONMENTAL DOCUMENT
The City of Livermore is currently developing its Habitat Conservation Plan (HCP) to provide a coordinated framework for compliance with the Endangered Species Act, which will allow certain projects and activities to proceed while minimizing and mitigating impacts to species and habitat.
City Council adopted a Resolution on January 10, 2022, authorizing staff to submit a grant application to U.S. Fish and Wildlife Service for the Conservation Planning Assistance program under the Cooperative Endangered Species Conservation Fund.
City Council adopted a resolution on February 13, 2023 accepting $700,000 of grant funds and authorizing execution of a grant agreement with the California State Fish and Wildlife Service to prepare the Livermore HCP. Work on the Habitat Conservation Plan was scoped to rely on the General Plan and General Plan EIR already underway.
City Council adopted a resolution on September 25, 2023, authorizing a first amendment to the professional services agreement with ICF Jones and Stokes Inc. for preparation of the public draft HCP and associated environmental documents.
Staff originally budgeted $350,000 in the engineering operating budget for Fiscal Years 2023-24, 2024-25 and 2025-26 for preparation of the habitat conservation plan.
The grant was received but never taken to City Council to appropriate the $700,000. To complete project deliverables outlined in the grant agreement and close out the grant, the City must authorize an appropriation of the Habitat Conservation Plan grant, State Grants Fund 240, in the amount of $700,000 for development of the Livermore Habitat Conservation Plan and environmental document.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby authorizes an appropriation of the Habitat Conservation Plan grant, State Grants Fund 240, in the amount of $700,000 for development of the Livermore Habitat Conservation Plan and environmental document.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 11, 2026, by the following vote:
95 2 RESOLUTION NO. ________
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Helena Graves Tara Mazzanti
Acting City Clerk Senior Assistant City Attorney
96 CITY COUNCIL STAFF REPORT ITEM NO. 6.6
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing execution of an agreement with Carollo Engineers, Inc., in an amount not-to-exceed $2,159,316 and a term ending December 31, 2028, to provide construction management and inspection services for a variety of Water Resources Capital Improvement Plan (CIP) projects.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Carollo Engineers, Inc., in an amount not-to-exceed $2,159,316 and a term ending December 31, 2028, to provide construction management and inspection services for CIP projects WW202129 WRP SCADA Server & Network Upgrade, WW202322 WRP Occupied Building Repairs - Administration, WW202527 WRP Recycled Water Fill Station, and WW202624 WRP Waste Oil Tank Removal.
DECISION TYPE
Administrative
SUMMARY
Multiple concurrent Capital Improvement Projects are scheduled to be in construction at the City of Livermore (City) Water Reclamation Plant (WRP) between Spring 2026 and Spring 2028, including WW202129 WRP SCADA Server & Network Upgrade, WW202322 WRP Occupied Building Repairs - Administration, WW202527 WRP Recycled Water Fill Station, and WW202624 WRP Waste Oil Tank Removal.
Due to the concurrent schedules and location within WRP, staff anticipates unified construction management and inspection will enhance the effectiveness of coordination and project execution. As part of a recent Request for Qualifications, Carollo Engineers, Inc., (Carollo) was identified as the most qualified consultant to provide services for these projects involving complex network, electrical, mechanical, plumbing, ADA accessibility, and safety elements.
DISCUSSION
97 Multiple concurrent projects are scheduled to be in construction at the City WRP between Spring 2026 and Spring 2028, as detailed in the table below.
Project Description Construction Period
WW202129 WRP SCADA Server
& Network Upgrade
Project includes replacing the
existing fiber optic cabling,
installing new communication
cabinets, and upgrading network
equipment throughout the WRP
Spring 2026
to
Spring 2027
WW202322 WRP Occupied
Building Repairs - Administration
Project includes Administration
Building HVAC and roofing
repairs, installing a centralized
energy management system,
building remodeling, data and
communication improvements,
and accessibility improvements
Summer 2026
to
Spring 2028
WW202527 WRP Recycled Water
Fill Station
Project includes installing two
automated fill stations at the WRP
that will provide a permanent
year-round recycled water source
to residents for irrigation and other
non-potable uses
Fall 2026
WW202624 WRP Waste Oil Tank
Removal
Project includes removal of a 550-
gallon underground storage tank,
monitoring system, and
associated equipment;
transportation and disposal of
removed materials; testing and
reporting to comply with regulatory
requirements; and restoration of
the work area
Summer 2026
Staff issued a Request for Qualifications (RFQ) for Engineering Services for Utility Projects in May 2024.
Seven firms responded, and Carollo Engineers, Inc., (Carollo) ranked top for projects with a wastewater emphasis. Carollo was included on a shortlist of pre-qualified firms as part of City Council Resolution Number 2024-169. The shortlist of pre-qualified firms is current through 2027.
Based on Carollo’s excellent performance in managing the construction of two consecutive Capital Improvement Projects within the WRP (i.e., WW201931 Primary and Secondary Treatment Improvements – Phase 1 and WW202128 UV Treatment System Replacement) and their cultivation of good working relationships with the contractors, staff issued a Request for Proposals (RFP) for professional services to Carollo for construction management and inspection services for the projects identified in the table above. Staff reviewed the response and found it meets the needs of the projects and recommends proceeding with a Professional Services Agreement (PSA). The scope of work in this PSA includes the coordination of complex construction activities, including network, electrical, mechanical, plumbing, ADA accessibility, and safety elements with the City's contractors, design consultants, and WRP staff. Due to the concurrent schedules and location within the WRP, staff anticipates unified construction management by Carollo will enhance the effectiveness of coordination and project execution.
98 The total not-to-exceed amount for the agreement is $2,159,316. This contract amount is included in the budgets for these projects within the current CIP program. This not-to-exceed amount represents approximately 26% of the estimated total construction cost for these four projects, which is typical for wastewater treatment projects, which involve complex construction elements, and require extensive oversite to maintain quality in construction and uninterrupted plant operations.
FISCAL AND ADMINISTRATIVE IMPACTS
The total not-to-exceed amount for the agreement, $2,159,316, is included in the budgets for the following projects in the current 2025-30 Capital Improvement Plan: WW202129 WRP SCADA Server & Network Upgrade, WW202322 WRP Occupied Building Repairs - Administration, WW202527 WRP Recycled Water Fill Station, and WW202624 WRP Waste Oil Tank Removal. No additional appropriations are required.
COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
11: Operate and maintain municipal water systems that provide safe, efficient delivery of potable and recycled water, collect and treat wastewater, and comply with all federal, state, and local regulations
ATTACHMENTS
1. Location Map
2. Resolution
3. Exhibit A - Carollo Engineers, Inc. Agreement
Prepared by: Li-Teck Lau
Assistant Engineer
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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Agreement to provide
construction management and
inspection services for
multiple concurrent projects at
the Water Reclamation Plant.
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ATTACHMENT 1
100
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
WITH CAROLLO ENGINEERS, INC., IN AN AMOUNT NOT-TO-EXCEED $2,159,316 AND A TERM ENDING DECEMBER 31, 2028, TO PROVIDE
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR
A VARIETY OF WATER RESOURCES CIP PROJECTS
Multiple concurrent projects are scheduled to be in construction at the City of Livermore (City) Water Reclamation Plant (WRP) between Spring 2026 and Spring 2028, including WW202129 WRP SCADA Server & Network Upgrade, WW202322 WRP Occupied Building Repairs - Administration, WW202527 WRP Recycled Water Fill Station, and WW202624 WRP Waste Oil Tank Removal.
Due to the concurrent schedules and location within WRP, staff anticipates unified construction management and inspection will enhance the effectiveness of coordination and project execution. Carollo Engineers, Inc. (Carollo) was identified as the most qualified consultant to provide services for these projects involving complex network, electrical, mechanical, plumbing, ADA accessibility, and safety elements.
This agreement with Carollo, in an amount not-to-exceed $2,159,316, provides construction management and inspection services for these four projects, which involve complex construction elements, and require extensive oversite to maintain quality in construction and uninterrupted plant operations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby:
1. Authorizes the City Manager to execute a professional services agreement with Carollo Engineers, Inc., attached hereto as Exhibit A, in an amount not-to-exceed $2,159,316 and a term ending December 31, 2028, to provide construction management and inspection services for CIP projects WW202129 WRP SCADA Server & Network Upgrade, WW202322 WRP Occupied Building Repairs - Administration, WW202527 WRP Recycled Water Fill Station, and WW202624 WRP Waste Oil Tank Removal.
2. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 11, 2026 by the following vote:
101
2 RESOLUTION NO. ________
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Helena Graves Tara Mazzanti
Acting City Clerk Senior Assistant City Attorney
Exhibit A – Carollo Engineers, Inc. Agreement
102
25-0957
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 20 , by and between the City of Livermore (“City”), a municipal corporation, and Carollo Engineers, Inc (“Consultant”), a(n) Delaware Corporationௗ
RECITALS
City requires professional construction management and inspection services for WW202129 SCADA Server & Network Upgrade, WW202322 WRP Occupied Building Repairs - Administration, WW202527 Recycled Water Fill Station, and WW202624 Waste Oil Tank Removal.
Consultant represents and warrants that it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges City has relied upon these representations and warranties as inducement to award this Agreement to Consultant.
AGREEMENT
NOW, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:
1. Retention as Consultant. City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the Services described and defined below in Section 3 Description of Services subject to the terms and conditions in this Agreement.
2. Relationship of Parties – Independent Contractors.
(a) The relationship of the parties shall be that of independent contractors.
Consultant is and shall at all times remain as to City a wholly independent contractor during the term of this Agreement.
(b) Consultant and its personnel performing the Services on behalf of Consultant are not City officers or employees. Consultant’s personnel shall at all times be under Consultant’s exclusive direction, control, supervision, and management.
Consultant, at its own cost and expense, is responsible for all workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the Services by Consultant’s personnel. (c) Consultant and its personnel providing the Services shall not qualify for or become entitled to, and hereby waive any claims to, any compensation, benefit, or any incident in employment by City, including but not limited to enrollment in the California Public Employees Retirement System (PERS) as an employee of City and any entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
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EXHIBIT A
103
(d) Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, and shall have no authority, express or implied, to bind City to any obligation whatsoever.
3. Description of Services. Consultant shall provide the 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 Rick Teczon (“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;
"!
#
EXHIBIT A
104
(g) Obtain and complete the appropriate City forms for the City to pay Consultant electronically via the Automated Clearing House (ACH). Those forms may be obtained by email at [email protected] or by calling Accounts Payable staff at (925) 960-4345. If Consultant opts-out of electronic payment, it must likewise complete the appropriate City forms that can be obtained from those same sources for payment by check. The authority granted by those forms will remain in force and effect until the City receives written notification of changes, which changes shall not take effect for at least ten business days to afford City a reasonable opportunity to act; (h) Provide City with a complete Request for Taxpayer Identification Number and Certification Form W-9 using the form most recently issued by the Internal Revenue Service;
(i) Comply with all applicable state and federal laws, as well as Alameda County and City of Livermore ordinances, regulations, and adopted codes, when providing the Services;
(j) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested, and if requested by the Project Manager, Consultant shall certify the correctness of any invoice or invoices for Services provided. Consultant shall not submit an invoice to City more frequently than once a calendar month;
(k) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least three years from the date of City’s final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment. Consultant shall make the invoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Consultant shall give City 30 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; "!
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EXHIBIT A
105
(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 05/18/2026, and terminates upon the completion of the Services or 12/31/2028, 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. Upon receipt of a termination notice, Consultant shall immediately stop all work in progress on the Services except where necessary to preserve the benefit of the work, and Consultant shall then assemble the work on the Services for delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with and subject to Section 7.
7. Compensation and Payment.
(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $2,159,316.00 ("not-to-exceed amount"). (b) City shall compensate Consultant for the Services rendered at the hourly rates or task amounts set forth in Exhibit B Fee Schedule, and shall reimburse Consultant for travel expenses and other costs that are identified in Exhibit B, up to the not-to-exceed amount.
(c) Consultant and City acknowledge that compensation paid by City to Consultant pursuant to this Agreement is based upon Consultant’s estimated costs to provide the Services, including the salaries and benefits paid by Consultant to its personnel. Consequently, Consultant and City further agree that compensation paid by City to Consultant is intended to include the costs of contributions to any pensions or annuities, or both, to which Consultant and its personnel may be eligible, and that City has no responsibility for contributions beyond the compensation paid to Consultant under this Agreement. As provided this Agreement, the hourly rates, task amounts and reimbursement for specified travel expenses and costs in the Fee Schedule are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-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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EXHIBIT A
106
(e) City shall pay Consultant via the Automated Clearing House or as otherwise instructed by Consultant pursuant to Section 4(g) above.
8. Ownership of Documents. All drawings, designs, data, photographs, reports and other items prepared or obtained by Consultant in the performance of the Services are City’s property and Consultant shall deliver them to City upon demand.
9. Intellectual Property, Copyright, and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disclosed by Consultant to City and Consultant obtains a license to such items for the benefit of City.
All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.
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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(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e)
12. Insurance. Without limiting Consultant’s indemnification of the Indemnified Parties, Consultant shall procure and maintain at its own expense during the term of this Agreement policies of insurance in the amounts and under the terms set forth in Exhibit C Insurance Requirements against claims and Liability that may arise from or in connection with this Agreement and performance of the Services. Upon reasonable written notice, Consultant shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.
13. Force Majeure; Service Delays. Should Consultant’s performance of the Services be obstructed or delayed due to changes in the Services by City, by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain goods, materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then Consultant’s time for performance may, at City’s sole discretion, be extended for such periods as may be agreed upon by City and Consultant. Nothing in this section restricts City’s authority in Section 6 to terminate this Agreement.
14. Acceptance of Final Payment. Consultant’s acceptance of final payment will release City from any and all claims and liabilities for compensation under this Agreement.
15. Acceptance of Work. City’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy, completeness, or competency of the Services, nor do the actions constitute an 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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17. Economic Disclosure. Consultant shall comply with City’s local conflict of interest code implementing the California Political Reform Act, and shall prepare and file an economic disclosure statement if the Services involve making, or participation in making, governmental decisions or financial decisions by City that may have a material effect on Consultant’s financial interests as determined by the City Attorney’s Office.
While it is Consultant’s sole responsibility to evaluate its conflicts of interest, Consultant nevertheless agrees to prepare and file an economic disclosure statement if requested by City.
18. Levine Act Compliance. California Government Code section 84308 (Levine Act) prohibits City officers from participating in any action related to a contract, license, permit, or entitlement if the officer receives political contributions from a party, or participant, or agent thereof, that totals more than $500 within the twelve months preceding the decision or within the twelve months following the date of the final decision.
Consultant shall review and complete as necessary the City’s California Levine Act Disclosure Statement that can be obtained from the City Clerk.
19. Use of Recycled Products. If fitness and quality are equal, then Consultant shall utilize recycled products consistent with the City’s Environmentally Preferrable Purchasing and Practices Policy, and as defined in California Public Contract Code Section 12200 for the Services, instead of nonrecycled products whenever recycled products are available at the same or a lesser cost than nonrecycled items. Information on recycled materials can be found here:
x Sustainable Purchasing | StopWaste - Home, Work, School x Reducing Waste at Work | StopWaste - Home, Work, School x Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing | US EPA
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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22. Authority to Execute Agreement. Consultant has taken all necessary action to authorize the execution of this Agreement, and expressly represents that the person signing this Agreement on behalf of Consultant has received and accepted the authority to sign and execute this Agreement on behalf of Consultant. Upon the Effective Date, this Agreement shall constitute a legal, valid and binding obligation of Consultant, enforceable against Consultant in accordance with its terms, which authorization is ratified and confirmed upon Consultant’s acceptance of the first compensation payment by City.
23. No Subcontracting and No Assignment. Consultant’s unique personal competence, experience, specialized personal knowledge, and professional reputation were a substantial inducement to City for the award of this Agreement to Consultant, therefore no part of the Services may be assigned or subcontracted without City’s prior written consent. For the purposes of this section, a change of fifty percent or more in the ownership or control of Consultant constitutes an assignment.
24. Remedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right or remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, Consultant must present a written claim to City in accordance with Livermore Municipal Code Chapter 3.40 Claims Administration.
25. Work Eligibility. Consultant warrants that only personnel authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be provided by Consultant for the performance of the Services.
26. Non-Discrimination. In performance of the Services, Consultant agrees that it will not engage in discrimination in employment of persons because of such person’s race, color, religion, sex/gender, gender identity/expression, sexual orientation, marital status, medical condition, military or veteran status, national origin, ancestry, disability, genetic information, age, or any protected classification when providing the Services. Consultant further agrees to comply with all provisions of Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in all programs or activities receiving federal financial assistance. Consultant further assures that it will take necessary actions to ensure compliance with these requirements in the performance of this Agreement.
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27. Construction of Language.
(a) The terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and any exhibit hereto, the language in the body of the Agreement controls.
(b) For the purposes of this Agreement, the terms “writing” and “written” includes electronic documents and communication via email, but not when those terms are used in Sections 6, 12, 23, and Sections 27 through 30 for notices, consent, or modifications. For the notices, consent, and modifications in Sections 6, 12, 23, and Sections 27 through 30, the terms “writing” and “written” means either a physically tangible document or an electronic document that satisfies the requirements in Livermore Municipal Code Section 2.64 Electronic Signatures.
28. Entire Agreement; Modification. This Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Services.
Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archival copy maintained by City can be used in place of the original for all purposes with the same effect as if it was the original.
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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: Rick Teczon
City of Livermore / Community Development
1052 South Livermore Avenue Livermore, CA, 94550
[email protected]
Email: [email protected]
[email protected]
[email protected]
TO CONSULTANT: Attention: Kyle Leonard
Carollo Engineers, Inc
2795 Mitchell Drive
Walnut Creek, CA, 94598
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 nonbreaching party.
31. Severability. If a court of competent jurisdiction determines a provision in this Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired in any way.
32. Survival. The terms, 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.
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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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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:
____________________________ ___________________________ Katy Solem
Client Services Director/Vice President
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna A. Burch
City Manager
APPROVED AS TO FORM:
______________________________________
Deputy/Assistant/Senior Assistant/City Attorney
APPROVED AS TO INSURANCE:
___________________________
Risk Manager/Analyst
Exhibits:
Exhibit A – Scope of Work
Exhibit B – Fee Schedule
Exhibit C – Insurance Requirements
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EXHIBIT A
114
EXHIBIT A
Scope of Work
SCOPE OF WORK
The following presents the Consultant’s scope of services for construction management and inspection services for the following City of Livermore (City) projects:
x WW202129 SCADA Server & Network Upgrade
x WW202322 WRP Occupied Building Repairs - Administration x WW202527 Recycled Water Fill Station
x WW202624 Waste Oil Tank Removal
Task 1 – Project Management
Consultant shall be responsible for project management activities of Consultant’s scope of services throughout the construction of the projects. This task will include project setup, administration, coordination with the City and other stakeholders, and managing scope, schedule, and budget. Consultant’s project manager shall serve as the primary point of contact when communicating with the City.
Responsibilities include, but are not limited to:
x Daily Oversight and Coordination: Oversee daily management of scope, schedule, budget, and deliverables. Coordinate work with internal staff, subconsultants, and City staff as necessary.
x Monthly Invoices and Progress Reports: Prepare and submit invoices and progress reports on a monthly basis.
o Invoices – Invoices must identify the hours and rates charged for each person for each task for each project, as well as itemizing other direct costs, with cumulative totals for invoiced amounts per task and project identified to demonstrate that expenditures are within the not-to-exceed authorization limit of the agreement.
o Expense Logs – The invoices shall be accompanied by an expense log showing all invoices billed against the contract and the amount remaining.
City will provide a template of the expense log for the Consultant’s use. o Progress Reports – The invoices shall also be accompanied by a monthly progress report that describes the activities completed during the invoice’s billing period, activities anticipated for the next billing period, and notification of potential out-of-scope activities.
Monthly invoices and progress reports shall be provided as a PDF file. The progress reports shall be included as part of the email when the invoices are submitted electronically.
Consultant deliverables for Task 1 include the following:
x Invoices and Progress Reports.
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Task 2 – Construction Management Support
Consultant shall provide one full-time construction manager (CM) over a 24-month construction period to oversee construction management activities of the projects.
Construction support responsibilities will include the following:
x Kickoff Meeting: Organize and execute a Kickoff Meeting with City staff.
Consultant’s project manager shall work with the City’s project manager in advance of the Kickoff Meeting to confirm topics to be discussed at the meeting.
Consultant shall prepare and issue meeting agenda, presentation materials, notes, and decision log. If the time allows, a single Kickoff Meeting for all of the projects is acceptable, but if warranted, Consultant shall be prepared for individual kickoff meetings for each project.
x Conduct Construction Meetings: Consultant’s CM will schedule, coordinate, attend, and conduct all construction meetings with the Contractor. These will include: pre-construction meeting, weekly construction meetings, MOP meetings, SCADA programming meetings, and substantial completion meetings.
Consultant’s CM will prepare a meeting agenda, list of key discussion topics, and meeting minutes for each meeting.
x Manage Field Inspection Personnel: Consultant’s CM will coordinate with and manage the activities of inspection personnel throughout the construction period. x Manage and Coordinate Material Testing: Consultant’s CM will manage and coordinate the required material testing needs of this project. Routine testing will be provided by the City’s on-call testing contractors by coordinating with the City’s Engineering Division, Construction Section.
x Manage RFIs: Consultant’s CM will coordinate and manage the RFI process, including creating an electronic log of all RFIs submitted by the Contractor, to track incoming RFIs and outgoing RFI responses.
x Manage Submittals: Consultant’s CM will coordinate and manage the submittal process, including creating an electronic log of all submittals and resubmittals provided by the Contractor, to track incoming submittals and resubmittals and outgoing submittals and resubmittals responses.
x Prepare Field Memos and Clarifications: Consultant’s CM will coordinate and manage preparation of field memos and clarifications of drawings and specifications, including creating an electronic log of these documents to allow tracking of their status and outcome.
x Review Monthly Progress Payment Requests: Consultant’s CM will evaluate the Contractor’s monthly progress payment requests and recommend payment by the City if requirements are met. Consultant’s CM will compare requested quantities to the actual quantities completed and negotiate the appropriate progress payment request with the Contractor.
x Review Construction Schedule: Consultant’s CM or its schedule reviewer will review and approve the Contractor’s construction schedule, including updates and revisions, in accordance with the Contract Documents. Consultant’s review will focus on key elements such as logic, duration of activities, duration of startup and testing, and construction sequencing constraints and milestones. "!
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x Review Change Order Requests: Consultant’s CM will review change order requests to determine potential changes in scope and field conditions. Consultant will prepare independent cost estimates and Consultant’s CM will negotiate on behalf of the City with the Contractor. Consultant’s CM will prepare and process approved change orders and incorporate them into the contract. Consultant’s CM will prepare an electronic log for tracking all potential change orders and agreedupon change orders. x Monitor Contractor’s Compliance with Contract Documents: Consultant’s CM will review and monitor the Contractor’s work against the Contract Documents to determine compliance. Consultant’s CM will report non-conformances and deficiencies to the City and the Contractor, and will work with the Contractor to correct these deficiencies in a timely manner.
x Monitor and Review As-Built Drawings: Consultant’s CM will monitor and coordinate the Contractor’s recording and maintenance of field changes to plans and specifications during construction on a monthly basis, or more frequently as required. At the 50-, 75-, and 90-percent project construction completion levels, Consultant’s CM will perform a review of the Contractor’s working as-built drawings for general completeness and advise Contractor of status. Consultant’s CM will approve progress payments beyond 90-percent completion contingent upon the acceptability of the working as-built drawings.
x Oversee Startup and Testing: Consultant’s CM will oversee facilities acceptance testing and startup in cooperation with the Contractor and WRP staff. Startup and testing will include assistance with comprehensive testing of functional equipment and subsystems.
x Conduct Final Inspection: Consultant’s CM will schedule and conduct a final inspection of the completed facilities and issue punch lists of uncompleted items where necessary. Consultant’s CM will also assist the City in negotiation of unsettled changes or disputes associated with these inspections. When the final punch list items have been completed or resolved, Consultant’s CM will recommend acceptance by the City.
x As-Built Drawings: Assemble final as-built drawings from Contractor’s submittals for use by the City’s Engineer of Record in preparing final Record Drawings. x O&M Manuals: Assemble final O&M manuals from Contractor’s submittals for use by the City’s WRP staff in updating project files.
x Lessons Learned Presentation: Assist the City with preparing presentations for the City’s Engineering Division on lessons learned during the projects. The presentations shall summarize lessons learned and recommend improvements for future design and construction projects. Up to two (2) Consultant team members shall attend the 1-hour long virtual lessons learned meetings. "!
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Consultant Deliverables for Task 2:
x Meeting agendas and minutes.
x Field memos and clarifications.
x Communications with the City and Contractors.
x Assembled as-built drawing package.
x Assembled O&M manuals package.
x Lessons learned summary document.
Task 3 – Construction Inspection Support
Consultant will provide an allowance up to the task budget for the following inspection support:
x Electrical Inspection: Consultant will provide an electrical inspector to assist the Consultant’s CM with inspection of electrical and instrumentation components of the projects.
x General Inspection: Consultant will provide a general construction inspector to assist the Consultant’s CM with inspection of other components of the project.
For budgeting purposes, it was assumed that one inspector would be provided for the equivalent of a 12-month period over the 24-month construction period. Note, the budget estimated for this task may be higher or lower depending on the actual duration needed for inspection during the construction period.
Consultant Deliverables for Task 3:
x Field and Procore inspection documentation.
Task 4 – Other Specialty Inspection and Material Testing Consultant will provide an allowance up to the task budget for specialty inspection services and material testing for the following disciplines: civil, structural, mechanical, plumbing, and coatings.
Consultant Deliverables for Task 4:
x Inspection and testing reports.
Task 5 – As-Directed Services
Consultant shall provide as-directed services to the City. A budget allowance of $150,000 has been included. Any use of As-Directed Services budget allowance shall require written authorization from the City that includes scope of as-directed services and an agreed upon not-to-exceed limit.
Budget
Table 1 in Exhibit B presents the labor and budget estimates for this Scope of Services. "!
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Assumptions
The following assumptions were used in preparing this Scope of Services:
x Construction duration will be 24 months starting with the kickoff meeting with the City by July 2026 and ending with the project closeout activities. A delay in project start or an extension of construction duration will impact the Consultant's scope and budget estimate for the project.
x Construction manager and inspector will be onsite up to 8 hours per day. x City or Contractor will provide dedicated temporary offices for Consultant’s CM and inspector to reside in when they are on site at the WRP. Contractor will provide Primavera P6 scheduling software, high-volume business-class laser printer, and high-speed internet service.
x The City will provide and utilize the Procore construction management platform. x City will provide all specialty inspection services for the following disciplines:
concrete, structural steel, bolting, welding, architectural, mechanical, plumbing, corrosion, coatings, and material testing. Consultant will only provide electrical and general inspection up to the Task 3 budget allowance.
x Claims management and resolution services are not included in the Scope of Services. These services can be provided by the Consultant as an amendment should the need arise.
x Billing rates are subject to an annual increase of up to 5 percent with the first increase in January 2027.
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EXHIBIT B
FEE SCHEDULE
The Contractor shall be compensated for the services identified in Exhibits A to this Agreement as follows:
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Revised 3/10/23 B16 – 2M E&O
EXHIBIT C
INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:
1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation and Employer's Liability:
Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability.”
4. Professional Liability/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:
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Revised 3/10/23 B16 – 2M E&O
volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.
2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Consultant’s/Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
3. Any failure to comply with reporting or other provisions of the policy, including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.
4. The Consultant’s/Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.
6. It shall be a requirement under this agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.
7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550 Verification of Coverage
Consultant/Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.
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CITY COUNCIL STAFF REPORT ITEM NO. 6.7
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution to declare 4.53 acres of a 137.97 acre City of Livermore (City) owned property located in unincorporated Alameda County, State of California, specifically referred to as Assessor's Parcel Number (APN) 905-3-12, as exempt surplus land under the Surplus Land Act, and a Resolution authorizing the City Manager to execute a Purchase and Sale Agreement and Cooperative Agreement between the City and the East Bay Regional Park District (Park District) to sell the 4.53-acre parcel located at 5658 Doolan Road to the Park District.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution to declare the 4.53 acres of City-owned property referred to as APN 905-3-12 as exempt surplus land under the Surplus Land Act and adopt a resolution authorizing the City Manager to execute a Purchase and Sale Agreement and Cooperative Agreement between the City and the East Bay Regional Park District to sell the 4.53-acre parcel located at 5658 Doolan Road to the Park District.
DECISION TYPE
Quasi-judicial and Legislative
SUMMARY
The City is the legal fee owner of a 137.97-acre parcel (APN 905-3-12) of real property located in unincorporated Alameda County, State of California, and more particularly described in Exhibit A - Legal Description of City Property (Attachment 3). The City wishes to sell, and the Park District wishes to purchase, a 4.53-acre portion (Sale Property) of the 137.97-acre parcel located at 5658 Doolan Road.
The City will continue to own and maintain the remaining 133.44 acres referred to as the "Retained Property".
The proposed purchase price of $200,000 reflects the total amount of City open space funds originally used to acquire the property in 2018 in conjunction with an appraisal of the Sale Property, including existing improvements and easements, which was completed by Associated Appraisers on August 26, 2023. The City and Park District (the Parties) have reviewed and agreed to the appraised value. 124
In most circumstances, the California Surplus Land Act (Government Code sections 54220 et seq., the “SLA”) requires public agencies to formally declare property to be either "surplus land” or "exempt surplus land" prior to sale or lease. The SLA generally requires surplus land, i.e. land no longer required for agency use that meets certain size requirements and other criteria, to first be offered to affordable housing developers through a notice and negotiation process prior to disposal. Property that does not meet the definition of surplus land may be declared exempt from the mandatory notification and negotiation procedures. Exempt surplus land includes property proposed for transfer to another local, state, or federal agency. As a public agency, the City of Livermore is subject to the SLA.
The Sale Property meets the exemption criteria outlined in Government Code Section 54221(f)(1)(D) and section 103(c)(5) of the State Housing and Community Development (“HCD”) Surplus Land Act Guidelines which define “exempt surplus land” to include land that a local agency is transferring to another local, state, or federal agency.
Staff recommends the City Council adopt a resolution to declare the Sale Property exempt surplus land under the SLA based on the findings and justifications contained in the resolution and adopt a resolution authorizing the City Manager to execute the Purchase and Sale Agreement and Cooperative Agreement between the Parties.
DISCUSSION
BACKGROUND
In 2018, the City purchased the entire 137.97-acre property using a combination of Transferable Development Funds and an Altamont Open Space Committee grant. The Altamont Open Space Committee awarded the grant in part because of the use of the property as a future staging area for the Doolan Canyon Regional Preserve (Preserve), which will be operated by the Park District. The Preserve straddles the Alameda-Contra Costa County line and will provide future recreational opportunities, habitat protection, and open space preservation.
Chronology of the Sale Property and Retained Property:
In 2018, the City purchased the 137.97-acre property that encompasses the 4.53-acre Sale Property and the 133.44-acre Retained Property.
In September 2022, the City Council authorized the sale of an open space conservation easement on the Retained Property and committed the proceeds to the open space asset management program.
On July 10, 2023, the City Council authorized staff to negotiate the sale of the Sale Property located at 5658 Doolan Road to the Park District.
On October 6, 2025, the Alameda County Planning Department determined that the transaction conforms to the County's General Plan.
On October 21, 2025, the Livermore Planning Commission approved Consistency Determination (CD) 25-002, finding that the City's proposed disposition of the Sale Property to the Park District 125
for intended recreational use is consistent with the 2003-2025 Livermore General Plan.
PROJECT SITE CONTEXT
The Sale Property is located west of and adjacent to Doolan Road, outside of the City Limits and outside of the North Livermore Urban Growth Boundary and within Alameda County's jurisdiction (which is why the Alameda County Planning Department made a consistency finding as described above). The property is flat and minimally developed with a barn, outbuildings, and cattle fencing. The surrounding properties are also minimally developed and surrounded by rolling hills and grassland. Cattle graze on the Retained Property portion of the property.
PROJECT DESCRIPTION
The City regularly partners with other governmental entities to support the achievement of common objectives and aligned goals. The City can fulfill its open space and habitat conservation goals without the Sale Property. The Park District has an interest in acquiring it for their future needs. The Park District intends to use the Sale Property for a staging area to provide an opportunity for public access into the Doolan Canyon Regional Preserve, which is located at the northern end of Doolan Road approximately half mile north of the Sale Property. The Park District recently affirmed on April 7, 2026, that they will open the Doolan Preserve in the future and plan to use the Sale Property as a staging area to access the Preserve.
The attached Cooperative Agreement (Attachment 7) primarily outlines how the Parties will collaborate on sharing water and electricity, as well as maintaining the fencing and gates.
The City will retain the 133.44-acre Retained Property to further its open space and habitat protection objectives, including the previous sale of a Conservation Easement to Trumark Homes, LLC to compensate for impacts to California red-legged frog and California tiger salamander habitat resulting from Trumark’s East Ranch Subdivision located in the City of Dublin.
ENVIRONMENTAL DETERMINATION
The disposition of real property does not constitute a project for the purposes of the California Environmental Quality Act (CEQA). Therefore, no environmental review under CEQA is required.
FISCAL AND ADMINISTRATIVE IMPACTS
Upon the close of escrow, the City will receive a lump sum payment of $197,500, which is the $200,000 purchase price less the closing costs of $2,500 borne by the City per the Purchase and Sale Agreement.
The funds will be deposited to the City’s Open Space Fund to be used to purchase and/or maintain open space parcels that meet the City's Strategic Plan objectives related to open space.
COMMUNITY PILLAR
3: Environmental Stewardship
GOAL
126
1: Lead efforts to implement the updated Climate Action Plan in collaboration with internal and external partners
ATTACHMENTS
1. Location Maps
2. Resolution - Surplus Lands Act
3. Exhibit A - City Property
4. Exhibit B - Legal and Plat for Sale Property
5. Resolution Purchase and Sale Agreement and Cooperative Agreement
6. Exhibit A - Purchase and Sale Agreement
7. Exhibit B - Cooperative Agreement
Prepared by: Jennifer Ackerman
Associate Planner
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
127
0 2,400 4,800
ft
³
CITY OF
Path: /Web Map
Location Map
Date: 10/9/2025
ATTACHMENT 1
Red = entire 137-acre parcel
Dashed line = City limits
128
East Bay�
Regional Park District
Healthy Parks Healthy People
Doolan Canyon Regional Preserve
City of Livermore Property
Sale Parcel ± 4.53
Acres
DOOLAN
CANYON
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AERIAL MAP
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�;;;:.,_, _____ .:,__ _____ ...:.:... ____ �::.:.JL__.:.._;_ ___ _JQ ATTACHMENT 1
(retained parcel)
129
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION DECLARING 4.53 ACRES OF REAL PROPERTY
EXEMPT SURPLUS LAND UNDER THE SURPLUS LAND ACT
The California Surplus Land Act (Government Code Sections 54220 et seq., the “SLA”) requires that, before a local agency takes any action to sell or lease surplus property, it must formally declare the property to be either "surplus land” or "exempt surplus land."
"Surplus land” means land owned in fee simple for which a local agency's governing body takes formal action at a regular public meeting declaring that such land is surplus and is not necessary for the agency's use.
The SLA exempts certain properties, “exempt surplus lands," from the mandatory notification and negotiation procedures, including, without limitation, certain properties transferring to another local, state, or federal agency.
The City of Livermore (City), a municipal corporation, is the legal fee owner of record of 137.97 acres of real property (City Property) located in the City of Livermore, County of Alameda, State of California, specifically referred to as Assessor's Parcel Number (APN) 905-3-12, and more particularly described in Exhibit A, attached hereto.
The City desires to transfer a 4.53-acre portion (Sale Property) of the Property to East Bay Regional Park District (Park District), more particularly described in Exhibit B.
The Property meets the exemption criteria outlined in the Government Code Section 54221(f)(1)(D) and Section 103(c)(5) of the State Housing and Community Development (HCD) Surplus Land Act Guidelines which define “exempt surplus land” to include land that a local agency is transferring to another local, state, or federal agency.
The Property is exempt from the requirement of sending a written notice of the availability of the Property for open-space purposes to the entities described in subdivision (b) of Government Code Section 54222 as the Property does not have the characteristics described in Government Code Section 54221 (f)(2) (A), (B), (C), and (D) and HCD’s Surplus Land Act Guidelines Section 103(d).
The City Council has reviewed this Resolution and now desires to declare the Property as exempt surplus land under the SLA based on the findings and justifications contained in this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that the Property identified in Exhibit B is exempt surplus land pursuant to the Surplus Land Act and makes the following findings:
130
2 RESOLUTION NO. ________
1. The recitals set forth above are true and correct and are incorporated herein as findings.
2. The Property identified in Exhibit B is "exempt surplus land" under the SLA because it meets the exemption criteria contained in Government Code Section 54221(f)(1)(D) and HCD’s Surplus Land Act Guidelines Section 103(c)(5). Both the City and the Park District are “local agencies” as defined by the SLA in Government Code section 54221(a)(1) and HCD Surplus Land Act Guidelines Section 102(s), and the SLA exempts transfers of surplus land from one local agency to another local agency for the transferee’s use. The Park District will use the Property for its own local agency use.
3. The City shall provide HCD with a copy of this Resolution at least 30 days prior to disposition of the Property.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 11, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Katherine Mirassou______ Helena Graves Katherine Mirassou
Acting City Clerk Assistant City Attorney
Exhibit A – Legal Description of City Property
Exhibit B – Legal Description of Sale Property
131
Exhibit A
City Property
The land referred to is situated in the State of California, County of Alameda, an unincorporated area, and is described as follows:
PORTION OF THE SOUTHERN 1/2 OF SECTION 26 IN TOWNSHIP 2 SOUTH, RANGE 1 EAST, MOUNT DIABLO BASE AND MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERN CORNER OF THE SOUTHWESTERN 1/4 OF SECTION 26, TOWNSHIP 2 SOUTH, RANGE 1 EAST, MOUNT DIABLO BASE AND
MERIDIAN, THENCE ALONG THE SOUTHERN BOUNDARY LINE OF SAID SECTION 26 SOUTH 89° 25' 10" EAST, 2748.48 FEET TO A POINT DISTANT THEREON EASTERLY, 108.48 FEET FROM THE SOUTHEASTERN CORNER OF SAID SOUTHWESTERN 1/4 SECTION 26; THENCE NORTH 48° 36' 27" WEST, 1,098.13 FEET; THENCE NORTH 33° 58' 41" EAST, 1,392.25 FEET TO THE SOUTHWESTERN LINE OF DOOLAN ROAD, (60 FEET WIDE); THENCE ALONG THE LAST AFORESAID LINE THE FOLLOWING FOUR COURSES RESPECTIVELY; NORTHWESTERLY ALONG A 430 FOOT RADIUS CURVE TO THE RIGHT THE RADIUS POINT OF WHICH BEARS NORTH 19° 36' 04" EAST FROM THE NORTHEASTERN TERMINUS OF THE LAST AFORESAID 1392.25 FOOT COURSE, THROUGH A CENTRAL ANGLE OF 11° 37" 56" A DISTANCE OF 87.3 FEET; THENCE NORTH 58° 46' WEST, 701.94 FEET; THENCE TANGENT TO THE LAST AFORESAID COURSE NORTHWESTERLY ALONG A 430 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 29° 40' 00" A DISTANCE OF 222.36 FEET; THENCE NORTH 29° 06' 00" WEST, 210 FEET MORE OR LESS, TO THE NORTHERN BOUNDARY LINE OF SAID SOUTHWESTERN 1/4 OF SECTION 26; THENCE ALONG THE LAST AFORESAID LINE NORTH 89° 01' 45" WEST 1766.58 FEET, MORE OR LESS, TO THE NORTHEASTERN CORNER OF THE LAST AFORESAID 1/4 SECTION; THENCE ALONG THE WESTERN BOUNDARY LINE OF THE LAST AFORESAID 1/4 SECTION SOUTH 2640 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM: THE MINERAL RIGHTS GRANTED IN THE DEED FROM
WESTERN TITLE GUARANTY COMPANY CONTRA COSTA COUNTY DIVISION TO LEONARD RUBIN, ET AL., RECORDED JULY 28, 1966, SERIES NO. AY/90296, REEL 1813 OR, IMAGE 635, AS FOLLOWS:
"AN UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL, GAS, PETROLEUM AND
OTHER HYDROCARBON SUBSTANCES, MINERALS AND WATER, IN, UNDER OR
RECOVERABLE FROM THE PORTION OF SUBSURFACE OF HEREINAFTER DESCRIBED PARCEL OF LAND LYING BELOW A PLANE PARALLEL TO AND 500
EXHIBIT A
132
FEET VERTICALLY BELOW THE SURFACE OF SAID LAND, AND THE RIGHT TO
REMOVE FROM STORE IN AND INJECT INTO SAID PORTION OF THE
SUBSURFACE OF SAID LAND, OIL, GAS, PETROLEUM AND OTHER
HYDROCARBON SUBSTANCES, MINERALS AND WATER; AND RIGHTS OF WAY,
EASEMENTS AND SERVITUDES IN AND THROUGH SAID PORTION OF THE
SUBSURFACE OF SAID LAND FOR THE PURPOSE OF EXERCISING THE RIGHTS
HEREIN GRANTED, INCLUDING BY NOT LIMITED TO THE RIGHT FROM TIME TO
TIME TO DRILL WELL HOLES, TO CASE SAME AND OTHERWISE TO COMPLETE
AND MAINTAIN WELLS INTO AND THROUGH SAID PORTION OF THE
SUBSURFACE OF SAID LAND FROM SURFACE LOCATIONS OUTSIDE OF SAID LAND; PROVIDED HOWEVER, THAT THE RIGHTS HEREIN GRANTED DO NOT AND
SHALL NOT INCLUDE THE RIGHT TO ENTER UPON THE SURFACE OF SAID LAND OR ANY PORTION HEREOF LYING ABOVE A PLANE PARALLEL TO AND 500 FEET
VERTICALLY BELOW THE SURFACE OF SAID LAND AND DO NOT AND SHALL NOT
INCLUDE THE RIGHT TO INJECT OR STORE OIL, GAS, PETROLEUM OR OTHER
HYDROCARBON SUBSTANCES, MINERALS OR WATER INTO OR IN ANY PORTION OF SAID LAND LYING ABOVE A PLANE PARALLEL TO AND 500 FEET VERTICALLY BELOW THE SURFACE OF SAID LAND."
CONTAINING AN AREA OF 137.97 ACRES MORE OR LESS
APN: 905-0003-012
EXHIBIT A
133
All that certain real property situated in the County of Alameda, State of California, being a portion of the southern ½ of Section 26 in Township 2 South, Range I East, Mount Diablo Base and Meridian, being more particularly described as follows:
A portion of the lands of the City of Livermore as described in Document Number 20 I 8- 246412 , Alameda County Records;
COMMENCING at the northeasterly corner of the southwest quarter of Section 26, Township 2 South, Range I East, Mount Diablo Base and Meridian.
Thence westerly along the northerly line of said quarter section North 89 ° 21 '57" West, 893.14
feet to a point on the westerly line of Doolan Road as described in Document Number 90- 048623, Alameda County Records, being the TRUE POINT OF BEGINNING; Thence leaving said quarter section line and running along the westerly right of way line of Doolan Road the following three (3) courses:
I. South 29°
08' I 5" East, 242.14 feet;
2. Along a curve to the left with a radius of 430.00 feet, having a central angle of 29 °
37'45" and an arc length of 222.36 feet;
3. Thence South 58°
46'00" East, 554.55 feet;
Thence leaving said westerly right of way line and entering said lands of the City of Livermore the following nine (9) courses:
I. South 31 °
14'00" West, 198.94 feet;
2. South 84 °
48'20" West, 199.08 feet;
3. North 26° I I '40" West, 49.02 feet;
4. North 32 °
04'2 I" West, 93.34 feet;
5. Along a curve to the left with a radius of 190.00 feet, having a central angle of 26 °
0 I' 15" and an arc length of 86.29 feet;
6. North 58 °
05'36" West, 380.45 feet;
7. North 36 °
43'43" East, 207.73 feet;
8. Along a non-tangent curve to the right with a radius of 480.00 feet, from which the radius point bears North 52 °
29'05" East, having a central angle of 08 °
22'40" and an
arc length of 70.19 feet;
9. Thence North 29 °
08' 15" West, 270.74 feet to a point on the northerly line of said quarter section;
Thence along said northerly line South 89 °
21'57" East, 57.60 feet to the TRUE POINT OF
BEGINNING.
Containing an area of 4.53 acres more or less.
Page I of 3
EXHIBIT B
Legal Description and map of Sale Property
134
EXHIBIT B
135
EXHIBIT B
136
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PURCHASE AND SALE AGREEMENT AND COOPERATIVE
AGREEMENT BETWEEN THE CITY OF LIVERMORE AND EAST BAY
REGIONAL PARK DISTRICT IN COMPLIANCE WITH THE
CALIFORNIA SURPLUS LAND ACT
The City of Livermore (City), a municipal corporation, is the legal fee owner of a 137.97-acre parcel of real property located in the County of Alameda, State of California, referred to as 5658 Doolan Road (Assessor’s Parcel Number 905-3-12).
On July 10, 2023, the City Council authorized staff to negotiate the sale of a 4.53- acre portion (Sale Property) of the 137.97-acre parcel located at 5658 Doolan Road to the East Bay Regional Park District (Park District).
On October 6, 2025, the Alameda County Planning Department determined that the transaction conforms to the County's General Plan.
On October 21, 2025, the Livermore Planning Commission approved Consistency Determination (CD) 25-002, finding that the City's proposed disposition of the Sale Parcel to the Park District for intended recreational use does not constitute a project for the purposes of the California Environmental Quality Act (CEQA) and is consistent with the 2003-2025 Livermore General Plan Open Space and Conservation goals, objectives, and policies.
The California Surplus Land Act (Government Code Sections 54220 et seq., the “SLA”) requires that before a local agency takes any action to sell or lease surplus property, it must formally declare the property to be either "surplus land” or "exempt surplus land."
The SLA defines "surplus land” as land owned in fee simple for which a local agency's governing body takes formal action at a regular public meeting declaring that such land is surplus and is not necessary for the agency's use.
The SLA exempts transfers of surplus land from one local agency to another local agency for the transferee’s use. The Park District intends to use the Sale Parcel for its own local agency use pursuant to the requirements of the SLA and Section 137
2 RESOLUTION NO. ________
103(c)(5) of the State Housing and Community Development (HCD) Surplus Land Act Guidelines.
The City Council adopted a separate resolution on May 11, 2026, declaring the Sale Parcel as exempt surplus land under the SLA based on the findings and justifications contained in the resolution.
The City desires to sell the 4.53-acre Sale Property to the Park District for the purchase price of $200,000, based upon the appraised value and the City’s 44% contribution to the original purchase price of the Property in 2018.
The City and Park District (Parties) have mutually agreed upon the terms of the Purchase and Sale Agreement, attached hereto as Exhibit A, and the Cooperative Agreement attached hereto as Exhibit B, which terms include an approximately 130- foot-long access easement over the Sale Property to allow City access to the remaining 133.44 acres (Retained Property).
The City will provide HCD with a copy of the adopted resolution to declare the Property as exempt surplus land under the SLA as required by Section 400(e)(1) of the HCD SLA Guidelines.
Upon the adoption of this resolution authorizing the City Manager to execute the Purchase and Sale Agreement and Cooperative Agreement between the City and the Park District, the City will provide the title company a copy of the fully executed Purchase and Sale Agreement and open escrow for the sale of the property which will include a provision that the close of escrow will commence once the title company receives the finding letter exempting the Property from the SLA.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby:
1. Authorizes the City Manager, or her designee, to execute the Purchase and Sale Agreement and Cooperative Agreement between the City and Park District on behalf of the City of Livermore.
2. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution and transfer the property to the Park District.
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3 RESOLUTION NO. ________
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 11, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Katherine Mirassou______ Helena Graves Katherine Mirassou
Acting City Clerk Assistant City Attorney
Exhibit A – Purchase and Sale Agreement
Exhibit B – Cooperative Agreement
139
1 PURCHASE AND SALE AGREEMENT
This Purchase and Sale Agreement (“Agreement”) dated ___________, 2026 (“Effective Date”) is entered into by and between CITY OF LIVERMORE, a municipal corporation (“City”), and EAST BAY REGIONAL PARK DISTRICT, a California special district ("Park District"). (City and Park District are each referred to individually as “Party” and collectively as the “Parties”.)
R E C I T A L S
A. City is the owner of 137.97 acres of real property identified as Alameda County Tax Assessor’s Parcel Number: 905 -0003-012-00 (the “City Property”). The City Property is located at 5658 Doolan Road in Alameda County, north of the City of Livermore and is more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference.
B. Park District wishes to purchase an approximately 4.53-acre portion of the City Property (the “Sale Property”) which is more particularly described on Exhibit “B” attached hereto and incorporated herein by this reference.
C. Following the Park District’s purchase of the Sale Property, the City will retain the remainder of the City Property, approximately 133.44-acres (the “Retained Property”).
D. City desires to sell and Park District desires to purchase the Sale Property. City is a willing seller.
A G R E E M E N T
NOW, THEREFORE, in consideration of the agreements herein contained and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereby agree as follows:
1. Effective Date. For the purposes of this Agreement, the Effective Date will be the last date shown on the Parties’ signature pages which shall be the Agreement Date. Either Party may fill in the blank in the preamble with the last date shown on the signature pages.
2. Binding on Parties upon Parties’ Signature. The Parties acknowledge and agree that both City and Park District will in good faith seek authorization from their respective City Council and Board of Directors to execute this Agreement, and that neither party shall be bound by this Agreement until their respective City Council and Board of Directors has authorized the execution of this Agreement.
3. Purchase Price. Subject to the terms and conditions in this Agreement, City agrees to sell and Park District agrees to purchase the Sale Property for $200,000 (Two Hundred Thousand Dollars) (the “Purchase Price”).
4. "AS-IS" Sale. Both Parties understand, acknowledge and agree that the sale and conveyance of the Sale Property hereunder is made on an "AS-IS" basis. Accordingly, both Parties hereby acknowledge and agree that neither City nor anyone acting for or on behalf of City has made any covenants, representations, warranties, or promises to Park District concerning the condition of the Property, except as provided in Section 9.
EXHIBIT A
140
2 5. Escrow. By this Agreement, Park District and City agree to establish an escrow account (“Escrow”) with Old Republic Title (“Title Company”) at the following branch office: 555 12th Street, Suite 2000, Oakland, California 94607. City hereby authorizes Park District to prepare and file escrow instructions with said Title Company, on behalf of Park District and City, in accordance with this Agreement. This includes authorization of the Title Company to withhold pro rata taxes, liens and assessments on the Property conveyed.
5.1 Allocation of Fees and Expenses. Park District shall pay 100% of the closing agent’s escrow fee, and the premium for title insurance, if desired by Park District. Buyer is exempt from recording fees under Government Code Sections 27383 and 27388.1(a)(2)(D) as a political subdivision of the state. To the extent that recording fees or transfer taxes are required for this transaction, Buyer will pay 100% of the recording fees and transfer taxes. City shall be responsible for any and all reconveyance or transfer fees for any deeds of trust, full release of mortgage, payment of liens, discharge of judgments, or any legal, administrative or other costs or expenses City may incur in delivering marketable title to Park District. All costs related to satisfying any “due diligence” requirements or requests that a party deems necessary to perform its obligations under this Agreement shall be the sole obligation of such party. All current property taxes, if any, on the City Property shall be handled in accordance with Section 4986 of the Revenue and Taxation Code of the State of California and updates thereof.
Any other costs or expenses not otherwise provided for in this Agreement shall be paid by the requesting party.
5.2 City’s Deposits into Escrow. Prior to the date Escrow closes, City will deliver into Escrow with the Title Company the following documents:
A. A grant deed, in recordable form and properly executed on behalf of City, in a form approved by Park District (“Grant Deed”) conveying to Park District the Sale Property in fee simple absolute subject only to the Approved Exception(s) (defined below);
B. Copies of any effective leases, rental agreements or any other agreements, if any, which Park District has agreed in writing are to remain in effect after Park District takes title;
C. A signed Cooperative Agreement, discussed in Section 12 below.
D. Seller’s affidavit of nonforeign status as contemplated by Section 1445 of the Internal Revenue Code of 1986, as amended (“FIRPTA Affidavit”); and E. Seller’s affidavit as contemplated by the Revenue and Taxation Code Section 18662 (“Withholding Affidavit”).
5.3 Park District’s Deposits into Escrow. Prior to the date Escrow closes, the Park District will deliver into Escrow with the Title Company the following:
A. Funds for the Purchase Price.
B. A signed Cooperative Agreement, discussed in Section 12 below.
5.4 Close of Escrow. Escrow shall close within thirty (30) business days after the last Party receives approval from their respective Board of Directors or City Council, unless the
EXHIBIT A
141
3 closing is extended by written agreement by the Parties, authorizing the conveyance of the Property to Park District (“Close of Escrow”). On the closing date, the Title Company shall close Escrow as follows:
A. Record the Grant Deed, marked for return to Park District care of Chief of Land Acquisition (which shall be deemed delivery to Park District); B. Issue the Title Policy in favor of Park District;
C. Disburse to City the Purchase Price, less any Costs, Fees and Expenses agreed to by the City under this Agreement
D. Disburse to City and Park District an executed Cooperative Agreement, discussed in Section 12 below.
E. Prepare and deliver to Park District and to City one signed copy of the Title Company’s closing statement showing all receipts and disbursements of the Escrow.
If the Title Company is unable to simultaneously perform all of the instructions set forth above, the Title Company shall notify City and Park District and retain all funds and documents pending receipt of further instructions from Park District.
6. Conditions to Park District’s Performance. Park District’s obligation to perform under this Agreement is subject to the following conditions:
6.1 City’s representations and warranties in this Agreement being correct as of the date of this Agreement and as of the date escrow closes.
6.2 City’s performance of all obligations under this Agreement.
6.3 The vesting of title to the Sale Property in Park District by grant deed in fee simple absolute, free and clear of all liens, encumbrances, assessments, leases (recorded and/or unrecorded), and taxes except the following “Approved Exception(s)” listed in Preliminary Report No. 1117030819 dated January 7, 2026, issued by the Title Company:
Exception(s):
4) Property lying within proposed boundary of Community Facilities District 2014- 1 (Clean Energy) for the California Home Finance Authority, recorded August 24, 2015 in Book 18 of Maps of Assessment and Community Facilities District, Page
64. 5) Pole line easement to Pacific Gas and Electric Company recorded July 13, 1939, Instrument No. KK-33171, in Book 3773 of Official Records, Page 400. 6) Cut and fill slopes, culverts, headwalls and retaining walls easement to County of Alameda, recorded on May 13, 1940, Instrument No. MM-25106, in Book 3909 of Official Records, Page 274.
7) Waiver of claims for damage, as contained in Deed to the County of Alameda recorded on May 13, 1940, Instrument No. MM-25106, in Book 39096 of Official Records, Page 274.
8) Any unrecorded and subsisting leases.
9) Any facts, rights, interests or claims that are not shown by the Public Record at
EXHIBIT A
142
4 Date of Policy that could be (a) ascertained by inspection of the Land, or (b) asserted by persons or parties in possession of the Land.
6.4 The Title Company being prepared to issue a title insurance policy in the full amount of the Purchase Price, subject only to the Approved Exception(s) (“Title Policy”).
6.5 Park District’s Board of Directors having authorized the purchase of the Sale Property.
6.6 Completion of a Phase I environmental site assessment which demonstrates that the Sale Property is in acceptable condition and free of contamination. Parties agree to each pay 50% of the cost for the Phase I environmental site assessment.
6.7 Park District and City entering into Cooperative Agreement that will survive closing, wherein both Parties have agreed on a process and structure for addressing the property related issues identified in Section 12.
7. Conditions to City’s Performance. City’s obligation to perform under this Agreement is subject to the following conditions:
7.1 Park District’s representations and warranties in this Agreement being correct as of the date of this Agreement and as of the date escrow closes.
7.2 Park District’s performance of all its obligations under the Agreement.
7.3 City’s Council having authorized the sale of the Sale Property.
7.4 City and Park District entering into Cooperative Agreement that will survive closing, wherein both Parties have agreed on a process and structure for addressing the property related issues identified in Section 12.
8. Creation of Separate Parcels at Close of Escrow. At the close of escrow City will transfer to Park District the Sale Property, an approximately 4.53-acre portion of the City Property, which is approximately 137.97 acres, via recordation of a Grant Deed in accordance with the California Subdivision Map Act §66428, leaving the Retained Parcel, an approximately 133.44 remainder parcel, in the City’s ownership.
9. Seller’s Representations and Warranties. City makes the following representations and warranties with the understanding that these representations and warranties are material and are being relied upon by Park District. City represents and warrants to Park District that as of the date of this Agreement and as of the Close of Escrow:
9.1 Marketable Title. City is the owner of the Property and has marketable and insurable fee simple title to the Property clear of restrictions, leases, liens and other encumbrances, subject only to the Approved Exception(s). No leases, licenses, or other agreements allowing any third-party rights to use the Property are or will be in force unless prior consent has been given by Park District in writing. Commencing with the full execution of this Agreement by both Parties and until the Close of Escrow, City shall not permit any liens, encumbrances or easements to be placed on the Sale Property other than the Approved Exception(s), nor shall City enter into any agreement that would affect the Sale Property that would be binding on Park District after the Close of Escrow without the prior written consent of Park District.
EXHIBIT A
143
5 9.2 Condition of Sale Property. City has disclosed to Park District all information, records and studies maintained by City in connection with the Sale Property concerning hazardous substances, and City is not concealing any knowledge of the presence of contamination or hazardous substances on, from or under the Sale Property. Any information that City has delivered to Park District is accurate and City has disclosed all material facts with respect to the Sale Property.
Commencing with the full execution of this Agreement by both Parties and until the Close of Escrow, City shall retain the Sale Property in its current condition and not make any physical changes to the Sale Property.
City, at City’s sole expense, shall remove all material debris and personal property 30 days prior to the Close of Escrow. Park District acknowledges that all structures will remain on the Sale Property as-is and will not be removed by the City. City grants Park District the right to enter the Sale Property 10 days prior to the Close of Escrow to confirm material debris removal has been completed.
City grants Park District and its agents the right to enter the Sale Property at any time until Close of Escrow in order to inspect the Sale Property and perform due diligence.
Park District shall give reasonable notice to City before entering the Sale Property. Park District shall defend, indemnify and hold City harmless from any and all claims, demands, liens and liability arising from such entry, excepting only those claims, demands, liens and liability arising from the sole negligence or willful misconduct of City, its employees or representatives.
9.3 Other Matters Affecting Property. To the best of City’s knowledge, there are not presently any actions, suits, or proceedings pending or, to the best of City’s knowledge, threatened against or affecting the Sale Property or the interest of City in the Sale Property or its use that would affect City’s ability to consummate the transaction contemplated by this Agreement. Further there are not any outstanding and unpaid arbitration awards or judgments affecting title to any portion of the Sale Property. To the best of City’s knowledge there are not presently any pending or threatened condemnation, eminent domain or similar proceedings affecting the Sale Property.
9.4 Seller’s Agency. City represents that this Agreement and all other documents delivered prior to or at the Close of Escrow have been authorized, executed and delivered by City, are binding obligations of City, and are collectively sufficient to transfer all of City’s rights to the Sale Property.
9.5 Brokerage Commissions. Park District acknowledges that it is representing itself and no commission will be paid or credited to Park District or Park District’ representative(s).
10. Buyer’s Representations and Warranties. Park District warrants that, upon approval of this Agreement by Park District’ Board of Directors, this Agreement shall constitute a binding obligation of Park District.
11. City’s Access Easement. At close of escrow, the City will transfer the Sale Property to the Park District via grant deed and will reserve, or otherwise be granted, an approximately fifteenfoot-wide perpetual, non-exclusive easement over the Sale Property for the City, its staff, contractors, consultants, and invitees to access to the Retained Property from Doolan Road
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6 through the Sale Property (“Access Easement”). The route of the Access Easement shall be located and established cooperatively by the Parties together to provide an alignment that accommodates the City’s need for access to the Retained Property and the Park District’s need to protect any future public access to the Sale Property.
12. Park District and City Coordination. Prior to close of escrow, the Parties will execute a Cooperative Agreement that will survive the close of escrow to memorialize the Parties’ commitment to engage, cooperate, and coordinate regarding existing and new utilities, infrastructure, and improvements located on the Sale Property and the Retained Property.
13. Survival. All of the terms, provisions, representations, warranties and covenants of the parties under this Agreement shall survive the assignment, expiration or termination of this Agreement and shall not merge in the deed or other documents following the delivery and recordation of said deed or other documents.
12. Possession of the Property. Possession of the Sale Property shall be delivered to Park District at the Close of Escrow.
13. Assignment and Successors. This Agreement shall inure to the benefit of and shall be binding upon the Parties to this Agreement and their respective heirs, successors, and assigns.
14. Notices. All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. The place for delivery of all notices given under this Agreement shall be as follows:
City: City of Livermore
Assistant City Manager
1052 S. Livermore Avenue
Livermore, CA 94550
Telephone: (925) 960-4150
Attn: Paul Spence
CC: Andy Ross, Principal Planner
Park District: East Bay Regional Park District
Land Acquisition Department
2950 Peralta Oaks Court
Oakland, CA 94605-0381
Telephone: (510) 544-2600
Attn: Becky Bremser, Chief of Land Acquisition
or to such other addresses as City and Park District may respectively designate by written notice to the other.
15. Entire Agreement. The Parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve Park District of all further obligation or claims. City has no other right or claim to compensation arising out of or connected with the acquisition of the Property by Park District.
16. Construction. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or
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7 modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties had prepared it. The Parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. The Recitals are and shall be enforceable as a part of this Agreement.
17. Disputes. If a dispute arises out of or relates to this Agreement, or the performance or breach thereof, the Parties agree first to participate in non-binding mediation in order to resolve their dispute.
18. Expenses. In the event of litigation or arbitration between the Parties arising out of or relating to this Agreement, the prevailing party will be entitled to recover court or arbitration costs and reasonable fees of attorneys, accountants and expert witnesses incurred by such party in connection with the action or arbitration, including such costs and fees incurred because of any appeals. The prevailing party also shall be entitled to recover all such costs and fees that may be incurred in enforcing any judgment or award, and this provision shall not be merged into any judgment but shall survive any judgment.
19. Further Assurances. Whenever requested to do so by the other party, each party shall execute, acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents and all further instruments and documents as may be necessary, expedient, or proper in order to complete all conveyances, transfers, sales, and assignments under this Agreement, and do all other acts and to execute, acknowledge, and deliver all documents as requested in order to carry out the intent and purpose of this Agreement.
20. Waiver. A waiver or breach of any covenant or provision in this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party.
21. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected.
BUYER SELLER
EAST BAY REGIONAL PARK DISTRICT, CITY OF LIVERMORE,
a California special district a municipal corporation
By: By: Max Korten, Acting General Manager Marianna A. Burch, City Manager
Date: Date:
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146
8 Approved as to Form: Approved as to Form:
By: By: ________________________________
Jason Rosenberg, Assistant General Counsel Katherine Mirassou, Assistant City Attorney
Exhibits:
Exhibit A - Legal Description of City Property
Exhibit B - Legal Description of Sale Property
EXHIBIT A
147
Exhibit A
Exhibit A
City Property
The land referred to is situated in the State of California, County of Alameda, an unincorporated area, and is described as follows:
PORTION OF THE SOUTHERN 1/2 OF SECTION 26 IN TOWNSHIP 2 SOUTH, RANGE 1 EAST, MOUNT DIABLO BASE AND MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERN CORNER OF THE SOUTHWESTERN 1/4 OF SECTION 26, TOWNSHIP 2 SOUTH, RANGE 1 EAST, MOUNT DIABLO BASE AND
MERIDIAN, THENCE ALONG THE SOUTHERN BOUNDARY LINE OF SAID SECTION 26 SOUTH 89° 25' 10" EAST, 2748.48 FEET TO A POINT DISTANT THEREON EASTERLY, 108.48 FEET FROM THE SOUTHEASTERN CORNER OF SAID SOUTHWESTERN 1/4 SECTION 26; THENCE NORTH 48° 36' 27" WEST, 1,098.13 FEET; THENCE NORTH 33° 58' 41" EAST, 1,392.25 FEET TO THE SOUTHWESTERN LINE OF DOOLAN ROAD, (60 FEET WIDE); THENCE ALONG THE LAST AFORESAID LINE THE FOLLOWING FOUR COURSES RESPECTIVELY; NORTHWESTERLY ALONG A 430 FOOT RADIUS CURVE TO THE RIGHT THE RADIUS POINT OF WHICH BEARS NORTH 19° 36' 04" EAST FROM THE NORTHEASTERN TERMINUS OF THE LAST AFORESAID 1392.25 FOOT COURSE, THROUGH A CENTRAL ANGLE OF 11° 37" 56" A DISTANCE OF 87.3 FEET; THENCE NORTH 58° 46' WEST, 701.94 FEET; THENCE TANGENT TO THE LAST AFORESAID COURSE NORTHWESTERLY ALONG A 430 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 29° 40' 00" A DISTANCE OF 222.36 FEET; THENCE NORTH 29° 06' 00" WEST, 210 FEET MORE OR LESS, TO THE NORTHERN BOUNDARY LINE OF SAID SOUTHWESTERN 1/4 OF SECTION 26; THENCE ALONG THE LAST AFORESAID LINE NORTH 89° 01' 45" WEST 1766.58 FEET, MORE OR LESS, TO THE NORTHEASTERN CORNER OF THE LAST AFORESAID 1/4 SECTION; THENCE ALONG THE WESTERN BOUNDARY LINE OF THE LAST AFORESAID 1/4 SECTION SOUTH 2640 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM: THE MINERAL RIGHTS GRANTED IN THE DEED FROM
WESTERN TITLE GUARANTY COMPANY CONTRA COSTA COUNTY DIVISION TO LEONARD RUBIN, ET AL., RECORDED JULY 28, 1966, SERIES NO. AY/90296, REEL 1813 OR, IMAGE 635, AS FOLLOWS:
"AN UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL, GAS, PETROLEUM AND
OTHER HYDROCARBON SUBSTANCES, MINERALS AND WATER, IN, UNDER OR
RECOVERABLE FROM THE PORTION OF SUBSURFACE OF HEREINAFTER DESCRIBED PARCEL OF LAND LYING BELOW A PLANE PARALLEL TO AND 500
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FEET VERTICALLY BELOW THE SURFACE OF SAID LAND, AND THE RIGHT TO
REMOVE FROM STORE IN AND INJECT INTO SAID PORTION OF THE
SUBSURFACE OF SAID LAND, OIL, GAS, PETROLEUM AND OTHER
HYDROCARBON SUBSTANCES, MINERALS AND WATER; AND RIGHTS OF WAY,
EASEMENTS AND SERVITUDES IN AND THROUGH SAID PORTION OF THE
SUBSURFACE OF SAID LAND FOR THE PURPOSE OF EXERCISING THE RIGHTS
HEREIN GRANTED, INCLUDING BY NOT LIMITED TO THE RIGHT FROM TIME TO
TIME TO DRILL WELL HOLES, TO CASE SAME AND OTHERWISE TO COMPLETE
AND MAINTAIN WELLS INTO AND THROUGH SAID PORTION OF THE
SUBSURFACE OF SAID LAND FROM SURFACE LOCATIONS OUTSIDE OF SAID LAND; PROVIDED HOWEVER, THAT THE RIGHTS HEREIN GRANTED DO NOT AND
SHALL NOT INCLUDE THE RIGHT TO ENTER UPON THE SURFACE OF SAID LAND OR ANY PORTION HEREOF LYING ABOVE A PLANE PARALLEL TO AND 500 FEET
VERTICALLY BELOW THE SURFACE OF SAID LAND AND DO NOT AND SHALL NOT
INCLUDE THE RIGHT TO INJECT OR STORE OIL, GAS, PETROLEUM OR OTHER
HYDROCARBON SUBSTANCES, MINERALS OR WATER INTO OR IN ANY PORTION OF SAID LAND LYING ABOVE A PLANE PARALLEL TO AND 500 FEET VERTICALLY BELOW THE SURFACE OF SAID LAND."
CONTAINING AN AREA OF 137.97 ACRES MORE OR LESS
APN: 905-0003-012
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149
EXHIBIT B
EXHIBIT A
150
EXHIBIT B
EXHIBIT A
151
EXHIBIT B
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152
1 COOPERATIVE AGREEMENT BETWEEN CITY OF LIVERMORE AND
THE EAST BAY REGIONAL PARK DISTRICT
RELATED TO 5658 DOOLAN ROAD PROPERTY
This Cooperative Agreement (“Agreement”) is entered into on _________, 2026 (the “Effective Date”) by and between the City of Livermore, a municipal corporation (“City”), and the East Bay Regional Park District (“Park District”), a California special district, City and Park District are each referred to individually as “Party” and collectively as the “Parties”.
Recitals
A. City is the owner of 137.97 acres of real property identified as Alameda County Tax Assessor’s Parcel Number: 905 -0003-012-00 (“City Property”). The City Property is located at 5658 Doolan Road in the County of Alameda, north of the City of Livermore and is more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference.
B. The City Property is comprised of an approximately 4.53-acre developed area and an approximately 133.44-acre undeveloped area, as shown on Exhibit “A,” which contains various existing utilities, infrastructure, and improvements.
C. The City will sell to the Park District and Park District will purchase from the City, under the terms of the Purchase and Sale Agreement dated _________, attached hereto and incorporated herein by this reference as Exhibit “B”, the approximately 4.53-acre developed portion of the City Property (the “Sale Property”), as shown on Exhibit “A,” which is more particularly described on Exhibit “C,” attached hereto and incorporated herein by this reference. The Sale Property includes an existing PG&E meter, a barn, an office building, a storage building, and two concrete septic tanks.
D. Following the Park District’s acquisition of the Sale Property, the City will retain the remainder of the City Property, approximately 133.44-acres (the “Retained Property”), as shown on Exhibit “A.” Among other improvements, the Retained Property includes a well and three associated water tanks.
E. At close of escrow for the Sale Property, the City will reserve, or otherwise be granted, an approximately fifteen-foot-wide perpetual, non-exclusive easement over a portion of the Sale Property for its staff, contractors, consultants, beneficiaries, agents, assigns, and invitees for access to the Retained Property from Doolan Road through the Sale Property (“Access Easement”). The alignment of the Access Easement shall be located and established cooperatively by the Parties together in order to provide an alignment that accommodates the City’s need for continued access to the Retained Property while also accommodating the Park District’s need to protect any future public access within and to the Sale Property.
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2 F. Subsequent to the Park District’s purchase of the Sale Property, the Parties also anticipate needing to engage, cooperate, and coordinate regarding the development and maintenance of utilities, infrastructure, and improvements, and possible future infrastructure and improvements, and therefore, desire to execute this Agreement to set forth a process and structure for said cooperation and coordination.
Agreement
Now, therefore, in consideration of the mutual covenants and agreements set forth herein, the Parties hereby agree as follows:
1. Water. Should the Park District desire to develop a potable or non-potable water source to serve the Sale Property from water supplied by the well and held in the tanks located on the Retained Property, the Parties will engage in cooperative communication as needed for the joint development of a mutually acceptable plan to develop such usage, which said plan may include, but not be limited to, the grant of easements, rights of way, and/or licenses, as appropriate. As used in this Agreement, the term “cooperative communication” means that the Parties have met and conferred, either in person or via teleconference, on at least three separate occasions regarding the plan or item at issue, but does not mean that the Parties must reach a mutual understanding or agreement about said plan or issue. The Park District acknowledges that City access to and use of the water found and stored on the Retained Property is paramount and takes precedence over the Park District’s access to or use of the water. However, the City acknowledges that Park District’s access to and use of water found and stored on the Retained Property is important for the Park District’s maintenance of the Sale Property and public use of the Sale Property. If the Parties agree to the Park District’s usage of water from the Retained Parcel, the Park District will install a submeter on the City’s existing water meter and pay the costs associated with its use of water directly to the water provider.
2. Electricity. Should the City desire to use electricity located on the Sale Property to serve the Retained Property, the Parties will engage cooperative communication as needed for the joint development of a mutually acceptable plan to develop such usage, which said plan may include, but not be limited to, the grant of easements, rights of way, and/or licenses, as appropriate. The City acknowledges that Park District access to and use of electricity located on the Sale Property is paramount and takes precedence over the City’s access to or use of the electricity. If the Parties agree to the City’s use of electricity provided by the Sale Property, the City will install a submeter on the Park District’s existing electricity meter and pay the costs associated with its use of electricity directly to the electricity provider.
3. Fencing And Gates. Should either the City or the Park District desire to install, modify, replace, demolish, repair or restore existing or new fencing and gates along the shared boundary between the Sale Property and the Retained Property, the Parties will engage in cooperative communication for the joint development of a mutually acceptable fencing and gates plan. The Parties will split the cost to install, modify, replace, demolish, repair or restore existing and new fencing and gates used by both Parties. If only one Party
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3 receives a benefit from the installation, modification, replacement, demotion, or restoration of an existing or new fence or gate, said Party will pay all related costs.
4. Notice. If any activity conducted by the Park District or City on their respective properties is likely to interfere with the other party’s access to or use of their property or access to or use of water or electricity, the Parties will provide thirty days written notice of such activity.
5. Term. This Agreement commences as of the date fully signed by both Parties and continues until terminated by either Party in writing upon ninety (90) calendar days’ written notice. Any modification to this Agreement must be in writing and signed by both Parties.
6. Indemnification.
a. The Park District shall defend, indemnify and hold harmless the City and its elected and appointed officials, officers, directors, employees, agents, and volunteers from and against any and all liability, loss, damage, claims, expenses, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with the performance of terms under this Agreement, including, without limitation, any claims by contractor or sub-contractors, except such loss or damage which was caused by the willful misconduct of the City. This provision shall continue in effect after this Agreement is terminated.
b. The City shall defend, indemnify and hold harmless the Park District and its elected and appointed officials, officers, directors, employees, agents and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with the performance of terms under this Agreement, including, without limitation, any claims by contractor or sub-contractors, except such loss or damage which was caused by the gross negligence or willful misconduct of the Park District. This provision shall continue in effect after this Agreement is terminated.
7. Ownership of Documents. All work papers, drawings, internal memoranda of any kind, photographs, and any written or graphic material, however produced, prepared by the City in connection with this Agreement shall be, and shall remain after termination of this Agreement, the property of the City, and may be used by the City for any purpose whatsoever.
All work papers, drawings, internal memoranda of any kind, photographs, and any written or graphic material, however produced, prepared by the Park District in connection with its performance of services hereunder shall be, and shall remain after termination of this Agreement, the property of the Park District, and may be used by the Park District for any purpose whatsoever.
8. Notices. Wherever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other, such
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4 notice or demand shall be given or served in writing and forwarded by registered mail, addressed as follows:
City: City of Livermore
Attn: City Manager
1052 S. Livermore Avenue
Livermore, CA 94550
Park District: East Bay Regional Park District
Attn: Division Lead of Land Acquisition
2950 Peralta Oaks Court
Oakland, California 94605
Notices are deemed given and effective three days after the date of posting by the United States Postal Service. Rejection or other refusal to accept, or the inability to deliver, any notice or communications because of a change in address of which no notice was given shall be deemed delivered the date delivery was refused, or the date the item was returned as undeliverable, whichever occurs first. Any party may change such address or contact person by written notice by registered mail to the other.
9. Modification. This Agreement may only be modified or amended by written agreement signed by both Parties hereto.
10. Partial Invalidity. If any provision or portion of this Agreement shall be deemed invalid, it is agreed that such invalidity shall affect only such provision or portion thereof, and the remainder of this Agreement shall remain in force and effect.
11. Waivers. 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.
12. Binding Upon Successors and Assigns. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the Parties hereof.
13. Construction. 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. 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. Headings at the beginning of each paragraph and subparagraph are solely for the convenience of the Parties and are not a part of the Agreement. Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties had prepared the same. Unless otherwise indicated, all references
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5 to paragraphs, sections, subparagraphs and subsections are to this Agreement. All exhibits referred to in this Agreement are attached and incorporated by this reference.
14. Recitals and Exhibits. The Recitals set forth in this Agreement and the Exhibits referenced herein are incorporated herein by this reference and the Parties agree that the aforementioned recitals are true and correct.
15. Choice of Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any suit, action or proceeding brought under the scope of this Agreement shall be brought and maintained to the extent allowed by the law in the County of Alameda, California.
16. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. 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.
17. Survival. Ther terms, conditions, and obligations in Sections 6, 7, 11, and 15 shall survive the termination of this Agreement.
18. Entire Agreement. This Agreement, including any attachments hereto, constitutes the entire agreement of the Parties relating to the subject matter of this Agreement and correctly sets forth the rights, duties and obligations of each Party to the other. [Signatures on following page.]
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6 IN WITNESS WHEREOF, the Parties to this Agreement have executed this Agreement as of the dates set forth below.
City of Livermore, a municipal corporation
By: ___________________________
Marianna A. Burch
City Manager
Date: _____________
Approved as to form:
By: __________________________
Katherine Mirassou
Assistant City Attorney
Exhibits:
Exhibit A Map
Exhibit B Final Purchase and Sale Agreement
Exhibit C Final Sale Property Legal Description
and Plat
East Bay Regional Park District,
a California special district
By: ___________________________
Max Korten
Acting General Manager
Date: _______________
Approved as to form:
By: __________________________
Jason Rosenberg
Assistant General Counsel
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7 Exhibit A
Map
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159
EXHIBIT B
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8 Exhibit B
Final Purchase and Sale Agreement
EXHIBIT B
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1 PURCHASE AND SALE AGREEMENT
This Purchase and Sale Agreement (“Agreement”) dated ___________, 2026 (“Effective Date”) is entered into by and between CITY OF LIVERMORE, a municipal corporation (“City”), and EAST BAY REGIONAL PARK DISTRICT, a California special district ("Park District"). (City and Park District are each referred to individually as “Party” and collectively as the “Parties”.)
R E C I T A L S
A. City is the owner of 137.97 acres of real property identified as Alameda County Tax Assessor’s Parcel Number: 905 -0003-012-00 (the “City Property”). The City Property is located at 5658 Doolan Road in Alameda County, north of the City of Livermore and is more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference.
B. Park District wishes to purchase an approximately 4.53-acre portion of the City Property (the “Sale Property”) which is more particularly described on Exhibit “B” attached hereto and incorporated herein by this reference.
C. Following the Park District’s purchase of the Sale Property, the City will retain the remainder of the City Property, approximately 133.44-acres (the “Retained Property”).
D. City desires to sell and Park District desires to purchase the Sale Property. City is a willing seller.
A G R E E M E N T
NOW, THEREFORE, in consideration of the agreements herein contained and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereby agree as follows:
1. Effective Date. For the purposes of this Agreement, the Effective Date will be the last date shown on the Parties’ signature pages which shall be the Agreement Date. Either Party may fill in the blank in the preamble with the last date shown on the signature pages.
2. Binding on Parties upon Parties’ Signature. The Parties acknowledge and agree that both City and Park District will in good faith seek authorization from their respective City Council and Board of Directors to execute this Agreement, and that neither party shall be bound by this Agreement until their respective City Council and Board of Directors has authorized the execution of this Agreement.
3. Purchase Price. Subject to the terms and conditions in this Agreement, City agrees to sell and Park District agrees to purchase the Sale Property for $200,000 (Two Hundred Thousand Dollars) (the “Purchase Price”).
4. "AS-IS" Sale. Both Parties understand, acknowledge and agree that the sale and conveyance of the Sale Property hereunder is made on an "AS-IS" basis. Accordingly, both Parties hereby acknowledge and agree that neither City nor anyone acting for or on behalf of City has made any covenants, representations, warranties, or promises to Park District concerning the condition of the Property, except as provided in Section 9.
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2 5. Escrow. By this Agreement, Park District and City agree to establish an escrow account (“Escrow”) with Old Republic Title (“Title Company”) at the following branch office: 555 12th Street, Suite 2000, Oakland, California 94607. City hereby authorizes Park District to prepare and file escrow instructions with said Title Company, on behalf of Park District and City, in accordance with this Agreement. This includes authorization of the Title Company to withhold pro rata taxes, liens and assessments on the Property conveyed.
5.1 Allocation of Fees and Expenses. Park District shall pay 100% of the closing agent’s escrow fee, and the premium for title insurance, if desired by Park District. Buyer is exempt from recording fees under Government Code Sections 27383 and 27388.1(a)(2)(D) as a political subdivision of the state. To the extent that recording fees or transfer taxes are required for this transaction, Buyer will pay 100% of the recording fees and transfer taxes. City shall be responsible for any and all reconveyance or transfer fees for any deeds of trust, full release of mortgage, payment of liens, discharge of judgments, or any legal, administrative or other costs or expenses City may incur in delivering marketable title to Park District. All costs related to satisfying any “due diligence” requirements or requests that a party deems necessary to perform its obligations under this Agreement shall be the sole obligation of such party. All current property taxes, if any, on the City Property shall be handled in accordance with Section 4986 of the Revenue and Taxation Code of the State of California and updates thereof.
Any other costs or expenses not otherwise provided for in this Agreement shall be paid by the requesting party.
5.2 City’s Deposits into Escrow. Prior to the date Escrow closes, City will deliver into Escrow with the Title Company the following documents:
A. A grant deed, in recordable form and properly executed on behalf of City, in a form approved by Park District (“Grant Deed”) conveying to Park District the Sale Property in fee simple absolute subject only to the Approved Exception(s) (defined below);
B. Copies of any effective leases, rental agreements or any other agreements, if any, which Park District has agreed in writing are to remain in effect after Park District takes title;
C. A signed Cooperative Agreement, discussed in Section 12 below.
D. Seller’s affidavit of nonforeign status as contemplated by Section 1445 of the Internal Revenue Code of 1986, as amended (“FIRPTA Affidavit”); and E. Seller’s affidavit as contemplated by the Revenue and Taxation Code Section 18662 (“Withholding Affidavit”).
5.3 Park District’s Deposits into Escrow. Prior to the date Escrow closes, the Park District will deliver into Escrow with the Title Company the following:
A. Funds for the Purchase Price.
B. A signed Cooperative Agreement, discussed in Section 12 below.
5.4 Close of Escrow. Escrow shall close within thirty (30) business days after the last Party receives approval from their respective Board of Directors or City Council, unless the
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3 closing is extended by written agreement by the Parties, authorizing the conveyance of the Property to Park District (“Close of Escrow”). On the closing date, the Title Company shall close Escrow as follows:
A. Record the Grant Deed, marked for return to Park District care of Chief of Land Acquisition (which shall be deemed delivery to Park District); B. Issue the Title Policy in favor of Park District;
C. Disburse to City the Purchase Price, less any Costs, Fees and Expenses agreed to by the City under this Agreement
D. Disburse to City and Park District an executed Cooperative Agreement, discussed in Section 12 below.
E. Prepare and deliver to Park District and to City one signed copy of the Title Company’s closing statement showing all receipts and disbursements of the Escrow.
If the Title Company is unable to simultaneously perform all of the instructions set forth above, the Title Company shall notify City and Park District and retain all funds and documents pending receipt of further instructions from Park District.
6. Conditions to Park District’s Performance. Park District’s obligation to perform under this Agreement is subject to the following conditions:
6.1 City’s representations and warranties in this Agreement being correct as of the date of this Agreement and as of the date escrow closes.
6.2 City’s performance of all obligations under this Agreement.
6.3 The vesting of title to the Sale Property in Park District by grant deed in fee simple absolute, free and clear of all liens, encumbrances, assessments, leases (recorded and/or unrecorded), and taxes except the following “Approved Exception(s)” listed in Preliminary Report No. 1117030819 dated January 7, 2026, issued by the Title Company:
Exception(s):
4) Property lying within proposed boundary of Community Facilities District 2014- 1 (Clean Energy) for the California Home Finance Authority, recorded August 24, 2015 in Book 18 of Maps of Assessment and Community Facilities District, Page
64. 5) Pole line easement to Pacific Gas and Electric Company recorded July 13, 1939, Instrument No. KK-33171, in Book 3773 of Official Records, Page 400. 6) Cut and fill slopes, culverts, headwalls and retaining walls easement to County of Alameda, recorded on May 13, 1940, Instrument No. MM-25106, in Book 3909 of Official Records, Page 274.
7) Waiver of claims for damage, as contained in Deed to the County of Alameda recorded on May 13, 1940, Instrument No. MM-25106, in Book 39096 of Official Records, Page 274.
8) Any unrecorded and subsisting leases.
9) Any facts, rights, interests or claims that are not shown by the Public Record at
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4 Date of Policy that could be (a) ascertained by inspection of the Land, or (b) asserted by persons or parties in possession of the Land.
6.4 The Title Company being prepared to issue a title insurance policy in the full amount of the Purchase Price, subject only to the Approved Exception(s) (“Title Policy”).
6.5 Park District’s Board of Directors having authorized the purchase of the Sale Property.
6.6 Completion of a Phase I environmental site assessment which demonstrates that the Sale Property is in acceptable condition and free of contamination. Parties agree to each pay 50% of the cost for the Phase I environmental site assessment.
6.7 Park District and City entering into Cooperative Agreement that will survive closing, wherein both Parties have agreed on a process and structure for addressing the property related issues identified in Section 12.
7. Conditions to City’s Performance. City’s obligation to perform under this Agreement is subject to the following conditions:
7.1 Park District’s representations and warranties in this Agreement being correct as of the date of this Agreement and as of the date escrow closes.
7.2 Park District’s performance of all its obligations under the Agreement.
7.3 City’s Council having authorized the sale of the Sale Property.
7.4 City and Park District entering into Cooperative Agreement that will survive closing, wherein both Parties have agreed on a process and structure for addressing the property related issues identified in Section 12.
8. Creation of Separate Parcels at Close of Escrow. At the close of escrow City will transfer to Park District the Sale Property, an approximately 4.53-acre portion of the City Property, which is approximately 137.97 acres, via recordation of a Grant Deed in accordance with the California Subdivision Map Act §66428, leaving the Retained Parcel, an approximately 133.44 remainder parcel, in the City’s ownership.
9. Seller’s Representations and Warranties. City makes the following representations and warranties with the understanding that these representations and warranties are material and are being relied upon by Park District. City represents and warrants to Park District that as of the date of this Agreement and as of the Close of Escrow:
9.1 Marketable Title. City is the owner of the Property and has marketable and insurable fee simple title to the Property clear of restrictions, leases, liens and other encumbrances, subject only to the Approved Exception(s). No leases, licenses, or other agreements allowing any third-party rights to use the Property are or will be in force unless prior consent has been given by Park District in writing. Commencing with the full execution of this Agreement by both Parties and until the Close of Escrow, City shall not permit any liens, encumbrances or easements to be placed on the Sale Property other than the Approved Exception(s), nor shall City enter into any agreement that would affect the Sale Property that would be binding on Park District after the Close of Escrow without the prior written consent of Park District.
EXHIBIT B
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5 9.2 Condition of Sale Property. City has disclosed to Park District all information, records and studies maintained by City in connection with the Sale Property concerning hazardous substances, and City is not concealing any knowledge of the presence of contamination or hazardous substances on, from or under the Sale Property. Any information that City has delivered to Park District is accurate and City has disclosed all material facts with respect to the Sale Property.
Commencing with the full execution of this Agreement by both Parties and until the Close of Escrow, City shall retain the Sale Property in its current condition and not make any physical changes to the Sale Property.
City, at City’s sole expense, shall remove all material debris and personal property 30 days prior to the Close of Escrow. Park District acknowledges that all structures will remain on the Sale Property as-is and will not be removed by the City. City grants Park District the right to enter the Sale Property 10 days prior to the Close of Escrow to confirm material debris removal has been completed.
City grants Park District and its agents the right to enter the Sale Property at any time until Close of Escrow in order to inspect the Sale Property and perform due diligence.
Park District shall give reasonable notice to City before entering the Sale Property. Park District shall defend, indemnify and hold City harmless from any and all claims, demands, liens and liability arising from such entry, excepting only those claims, demands, liens and liability arising from the sole negligence or willful misconduct of City, its employees or representatives.
9.3 Other Matters Affecting Property. To the best of City’s knowledge, there are not presently any actions, suits, or proceedings pending or, to the best of City’s knowledge, threatened against or affecting the Sale Property or the interest of City in the Sale Property or its use that would affect City’s ability to consummate the transaction contemplated by this Agreement. Further there are not any outstanding and unpaid arbitration awards or judgments affecting title to any portion of the Sale Property. To the best of City’s knowledge there are not presently any pending or threatened condemnation, eminent domain or similar proceedings affecting the Sale Property.
9.4 Seller’s Agency. City represents that this Agreement and all other documents delivered prior to or at the Close of Escrow have been authorized, executed and delivered by City, are binding obligations of City, and are collectively sufficient to transfer all of City’s rights to the Sale Property.
9.5 Brokerage Commissions. Park District acknowledges that it is representing itself and no commission will be paid or credited to Park District or Park District’ representative(s).
10. Buyer’s Representations and Warranties. Park District warrants that, upon approval of this Agreement by Park District’ Board of Directors, this Agreement shall constitute a binding obligation of Park District.
11. City’s Access Easement. At close of escrow, the City will transfer the Sale Property to the Park District via grant deed and will reserve, or otherwise be granted, an approximately fifteenfoot-wide perpetual, non-exclusive easement over the Sale Property for the City, its staff, contractors, consultants, and invitees to access to the Retained Property from Doolan Road
EXHIBIT B
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6 through the Sale Property (“Access Easement”). The route of the Access Easement shall be located and established cooperatively by the Parties together to provide an alignment that accommodates the City’s need for access to the Retained Property and the Park District’s need to protect any future public access to the Sale Property.
12. Park District and City Coordination. Prior to close of escrow, the Parties will execute a Cooperative Agreement that will survive the close of escrow to memorialize the Parties’ commitment to engage, cooperate, and coordinate regarding existing and new utilities, infrastructure, and improvements located on the Sale Property and the Retained Property.
13. Survival. All of the terms, provisions, representations, warranties and covenants of the parties under this Agreement shall survive the assignment, expiration or termination of this Agreement and shall not merge in the deed or other documents following the delivery and recordation of said deed or other documents.
12. Possession of the Property. Possession of the Sale Property shall be delivered to Park District at the Close of Escrow.
13. Assignment and Successors. This Agreement shall inure to the benefit of and shall be binding upon the Parties to this Agreement and their respective heirs, successors, and assigns.
14. Notices. All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. The place for delivery of all notices given under this Agreement shall be as follows:
City: City of Livermore
Assistant City Manager
1052 S. Livermore Avenue
Livermore, CA 94550
Telephone: (925) 960-4150
Attn: Paul Spence
CC: Andy Ross, Principal Planner
Park District: East Bay Regional Park District
Land Acquisition Department
2950 Peralta Oaks Court
Oakland, CA 94605-0381
Telephone: (510) 544-2600
Attn: Becky Bremser, Chief of Land Acquisition
or to such other addresses as City and Park District may respectively designate by written notice to the other.
15. Entire Agreement. The Parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve Park District of all further obligation or claims. City has no other right or claim to compensation arising out of or connected with the acquisition of the Property by Park District.
16. Construction. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or
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7 modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties had prepared it. The Parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. The Recitals are and shall be enforceable as a part of this Agreement.
17. Disputes. If a dispute arises out of or relates to this Agreement, or the performance or breach thereof, the Parties agree first to participate in non-binding mediation in order to resolve their dispute.
18. Expenses. In the event of litigation or arbitration between the Parties arising out of or relating to this Agreement, the prevailing party will be entitled to recover court or arbitration costs and reasonable fees of attorneys, accountants and expert witnesses incurred by such party in connection with the action or arbitration, including such costs and fees incurred because of any appeals. The prevailing party also shall be entitled to recover all such costs and fees that may be incurred in enforcing any judgment or award, and this provision shall not be merged into any judgment but shall survive any judgment.
19. Further Assurances. Whenever requested to do so by the other party, each party shall execute, acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents and all further instruments and documents as may be necessary, expedient, or proper in order to complete all conveyances, transfers, sales, and assignments under this Agreement, and do all other acts and to execute, acknowledge, and deliver all documents as requested in order to carry out the intent and purpose of this Agreement.
20. Waiver. A waiver or breach of any covenant or provision in this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party.
21. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected.
BUYER SELLER
EAST BAY REGIONAL PARK DISTRICT, CITY OF LIVERMORE,
a California special district a municipal corporation
By: By: Max Korten, Acting General Manager Marianna A. Burch, City Manager
Date: Date:
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168
8 Approved as to Form: Approved as to Form:
By: By: ________________________________
Jason Rosenberg, Assistant General Counsel Katherine Mirassou, Assistant City Attorney
Exhibits:
Exhibit A - Legal Description of City Property
Exhibit B - Legal Description of Sale Property
EXHIBIT B
169
9 Exhibit C
Final Sale Property Legal Description and Plat
EXHIBIT B
170
EXHIBIT B
171
EXHIBIT B
172
EXHIBIT B
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CITY COUNCIL STAFF REPORT ITEM NO. 6.8
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing a supplemental appropriation of $630,000 from Traffic Impact Fees (Fund 510) to Isabel Avenue/I-580 Interchange Project TI199238 and authorizing execution of an agreement with Interwest Consulting Group, Inc., in an amount not-toexceed $592,000 and a term ending on December 31, 2031, to provide project management and right-of-way engineering services for the Isabel Avenue/I-580 Interchange Project TI199238.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution:
1. Authorizing a supplemental appropriation of $630,000 from Traffic Impact Fees (Fund 510) to Isabel Avenue/I-580 Interchange Project TI199238; and
2. Authorizing the City Manager to execute an agreement with Interwest Consulting Group, Inc., in an amount not-to-exceed $592,000 and a term ending on December 31, 2031, to provide project management and right-of-way engineering services for the Isabel Avenue/I-580 Interchange Project TI199238.
DECISION TYPE
Administrative
SUMMARY
The City of Livermore (City) is finalizing the right-of-way transfers to the California Department of Transportation (Caltrans) associated with Isabel Avenue/I-580 Interchange Project TI199238. This includes transferring 15 right-of-way parcels, totaling approximately 36 acres and valued at $34.8 million, from the City to Caltrans and completing all associated legal, title, and record documentation.
To complete this work, the City requires a consultant with specialized experience in Caltrans right-of-way processes to provide project management, prepare legal descriptions and plats, clear title encumbrances, and coordinate with utilities and partner agencies. 174
Interwest Consulting Group, Inc., (Interwest) has extensive experience working with Caltrans on major transportation projects and has been identified as the most qualified firm to provide these services. This agreement will support the timely and efficient closeout of the right-of-way phase for the Isabel Avenue/I580 Interchange Project TI199238.
In addition, staff requests a $630,000 supplemental appropriation from Traffic Impact Fees (Fund 510) to cover this professional services agreement, escrow fees and title insurance, and other right-of-way closeout work for the project.
DISCUSSION
The Isabel Avenue/I-580 Interchange Project TI199238 represents the final segment of a multi-decade effort to relocate SR 84 from downtown Livermore to the Isabel Avenue corridor and improve regional traffic circulation. Construction of the corridor and interchange improvements is complete, and the project is now in the final right-of-way phase, which requires transferring ownership of acquired parcels from the City to Caltrans [(State Project 04923157L, Federal Project RPSTPL-5054(009)].
To complete this phase, the City must transfer 15 right-of-way parcels, consisting of 12 in-fee parcels and 3 State Route parcels, totaling approximately 36 acres. This process requires preparation of legal descriptions, plats, deeds, and record maps, as well as coordination with Caltrans, utility companies, partner agencies, and a title company to identify and clear encumbrances and finalize title reports.
The parcels to be transferred to the State are summarized in the tables below:
SR 84 corridor, Isabel Avenue (SR 84)/I-580 Interchange, and Portola Avenue/I-580 Overcrossing City Transfer
Parcel
State Transfer
Parcel No.
APN
Acquisition
Type
Previous Parcel
Owner
Area (Square
Feet)
1 62689-1 903-0010-003 Fee Foley 47.36
2 62689-2
903-0010-007-
01 Dedication Shea 1,249.69
3 62689-3
903-0010-036-
01 Dedication Shea 487,663.30
4 62689-4
904-0005-004-
05 Fee Gondolfo 3,684.49
5 62689-5 904-0004-006 Fee Livermore 46,655.10
6 62689-6 099-1331-023-
04 Fee Baca 290.63
7 62689-7 904-0004-056 Fee Livermore 1,596.29
8 62689-8
904-0004-004-
01 Fee BART 765,694.05
9 62689-9 903-009-006-04 Fee Lin 51,026.32
10 62689-16 903-009-006-10 Fee DR Liv. 1, LLC 3,503.65
S83 - 1 58625-1 ROW Section 83 City 4,057.99
S83 - 2 58647-1 ROW Section 83 City 26,790.30
S83 - 3 58648-1 ROW Section 83 City 293,225.08
Airway Boulevard/I-580 Interchange
175
City Transfer
Parcel
State Transfer
Parcel No. APN
Acquisition
Type
Previous Parcel
Owner
Area (Square
Feet)
11 57924-1
905-0009-057-
02 Fee Livermore 14,138.40
12 57924-2 ROW Fee Livermore 198,309.99
These parcels represent the final right-of-way needed to establish the ultimate State highway boundary for the SR 84 corridor.
The City has been working with Caltrans District 4, utility providers, and regional agencies over several years to acquire the necessary right-of-way and prepare draft transfer documents. With the acquisition of the final parcel in October 2025, the City is now positioned to complete the right-of-way closeout process and transfer ownership of the corridor improvements to the State.
To complete this work, the consultant will coordinate with the City’s title company to review preliminary title reports, identify encumbrances, and prepare the legal descriptions, plats, and deeds necessary to complete the transfer process. Additional coordination is required with utility providers and partner agencies to establish new easements and resolve existing encumbrances along the corridor.
In 2024, City staff issued a Request for Qualifications for plan checking, legal description reviews, and other engineering services. Statements of Qualifications were received from 11 firms and the top five were selected for interviews. Interwest was rated as one of the top firms and was shortlisted for future agreements. Interwest is the most qualified consultant to provide the required right-of-way services based on their extensive experience working with Caltrans on complex transportation projects. In March 2026, City staff requested a proposal from Interwest to perform project management and right-of-way engineering services. Staff reviewed the proposal and determined that it meets the project requirements.
The agreement includes the following key tasks:
Project Management
Manage the scope, schedule, budget, and coordination with City staff throughout the project.
Utility and Agency Coordination
Coordinate with PG&E, Sprint, and other utility providers to establish new easements for relocated facilities along SR 84 and Portola Avenue.
Coordinate with BART to establish an underground utility easement near Kitty Hawk Road.
Coordinate with Alameda County Public Works to resolve existing drainage and slope easements associated with the Airway Boulevard/I-580 interchange.
Right of Way Engineering
Prepare plats and legal descriptions for underground utility relocation easements, public utility easements, and State maintenance and access easements.
Review preliminary title reports for the 15 right-of-way transfer parcels, identify and clear encumbrances, and coordinate with the title company and Caltrans to finalize title reports. 176
Prepare grant deeds and quitclaim documents for the transfer of right-of-way parcels.
Update and finalize State right-of-way record maps and deeds for State acceptance.
Review right-of-way transfer documents for the related Isabel Avenue/SR 84 Widening Project managed by the Alameda County Transportation Commission, as directed by the City.
This agreement with Interwest, in an amount not-to-exceed $592,000, will provide the project management and right-of-way engineering services necessary to complete the right-of-way phase and facilitate transfer of the corridor improvements to the State.
FISCAL AND ADMINISTRATIVE IMPACTS
The adopted FY 2025–30 Capital Improvement Plan includes funding for the Isabel Avenue/I-580 Interchange Project TI199238 with $565,000 of Traffic Impact Fees (Fund 510) in FY 2024-26 and $30,000 in FY 2026-27 for the project. Additional funding was identified in the out years (FY 2030-45) to complete the project. Staff is now requesting a supplemental appropriation of $630,000 from Traffic Impact Fees (Fund 510) to accelerate the schedule and cover the cost of this professional services agreement, escrow fees and title insurance, and other right-of-way closeout work for the project.
This project will not increase operation and maintenance costs.
COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
10: Work to maintain a safe and efficient local transportation network and address safety concerns.
ATTACHMENTS
1. Project Location Map
2. Resolution
3. Exhibit A - Interwest Agreement
Prepared by: Roberto Escobar
Senior Civil Engineer
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
177
N Murietta Blvd W Jack London Blvd Kitty Hawk Rd
Collier Canyon Rd E Jack London Blvd Airway Blvd
E Airway
Doolan Rd
Portola Ave
N Canyons Las Positas Las Positas Golf Course
Isabel Ave (SR 84) Blvd Pkwy
Isabel Ave City Limits College Airport Municipal
Voyager St City Limits
Airway Blvd
N Canyons
Pkwy I-580 Reclamation Water Plant State R/W State R/W State R/W I-580 I-580 Isabel Ave(SR 84)/I-580 Interchange and SR 84 Corridor Improvements Project TI199238 PROJECT LOCATION MAP ATTACHMENT 1 178
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING A SUPPLEMENTAL APPROPRIATION
OF $630,000 IN FY 2026-27 FROM TRAFFIC IMPACT FEES (FUND 510) TO ISABEL AVENUE/I-580 INTERCHANGE PROJECT AND
AUTHORIZING EXECUTION OF AN AGREEMENT WITH INTERWEST
CONSULTING GROUP, INC., IN AN AMOUNT NOT-TO-EXCEED
$592,000 AND A TERM ENDING ON DECEMBER 31, 2031, TO
PROVIDE PROJECT MANAGEMENT AND RIGHT-OF-WAY
ENGINEERING SERVICES
(ISABEL AVENUE/I-580 INTERCHANGE PROJECT TI199238)
The City of Livermore has acquired 12 in-fee and 3 Section 83 right-of-way parcels needed to complete the ultimate right-of-way boundary for the final segment of State Route 84 (SR 84) constructed as part of the Isabel Avenue (SR 84)/I-580 Interchange and State Route 84 corridor improvements, City Project TI199238, State Project 04923157L, Federal Project RPSTPL-5054(009).
The City requires project management and right-of-way engineering services to complete the right-of-way closeout phase for the project. This work includes coordinating with Caltrans, utility providers, and partner agencies; preparing legal descriptions, plats, deeds, and record maps; clearing title encumbrances in coordination with a title company; and transferring ownership of 15 right of way parcels totaling approximately 36 acres and valued at $34.8 million.
This agreement with Interwest Consulting Group, Inc., in an amount not-toexceed $592,000, provides project management and right-of-way engineering services necessary to complete the right-of-way phase for the Isabel Avenue (SR 84)/I-580 Interchange and State Route 84 corridor improvements.
A supplemental appropriation of Traffic Impact Fees is required to complete the right-of-way closeout phase of the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby:
1. Authorizes a supplemental appropriation of $630,000 in Fiscal Year 2026-27 from Traffic Impact Fees (Fund 510) to Isabel Avenue/I-580 Interchange Project TI199238.
2. Authorizes the City Manager to execute a professional services agreement with Interwest Consulting Group, Inc., attached hereto as Exhibit A, in an amount notto-exceed $592,000, and a term ending December 31, 2031, to provide project management and right-of-way engineering services for Isabel Avenue/I-580 Interchange Project TI199238.
179
2 RESOLUTION NO. ________
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 Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 11, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Helena Graves Tara Mazzanti
Acting City Clerk Senior Assistant City Attorney
Exhibit A – Interwest Agreement
180
25-0976
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 Interwest Consulting Group Inc. (“Consultant”), a Colorado Corporation.
RECITALS
City requires project management and right of way engineering professional services for the Isabel Avenue (State Route 84)/I-580 Interchange Improvements right of way closeout work, City Project No. TI199238 and other State projects related to the State Route 84 corridor improvements.
Consultant represents and warrants that it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges City has relied upon these representations and warranties as inducement to award this Agreement to Consultant.
AGREEMENT
NOW, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:
1. Retention as Consultant. City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the Services described and defined below in Section 3 Description of Services subject to the terms and conditions in this Agreement.
2. Relationship of Parties – Independent Contractors.
(a) The relationship of the parties shall be that of independent contractors.
Consultant is and shall at all times remain as to City a wholly independent contractor during the term of this Agreement.
(b) Consultant and its personnel performing the Services on behalf of Consultant are not City officers or employees. Consultant’s personnel shall at all times be under Consultant’s exclusive direction, control, supervision, and management.
Consultant, at its own cost and expense, is responsible for all workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the Services by Consultant’s personnel. (c) Consultant and its personnel providing the Services shall not qualify for or become entitled to, and hereby waive any claims to, any compensation, benefit, or any incident in employment by City, including but not limited to enrollment in the California Public Employees Retirement System (PERS) as an employee of City and any entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
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(d) Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, and shall have no authority, express or implied, to bind City to any obligation whatsoever.
3. Description of Services. Consultant shall provide the 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 Roberto Escobar (“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;
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(g) Obtain and complete the appropriate City forms for the City to pay Consultant electronically via the Automated Clearing House (ACH). Those forms may be obtained by email at [email protected] or by calling Accounts Payable staff at (925) 960-4345. If Consultant opts-out of electronic payment, it must likewise complete the appropriate City forms that can be obtained from those same sources for payment by check. The authority granted by those forms will remain in force and effect until the City receives written notification of changes, which changes shall not take effect for at least ten business days to afford City a reasonable opportunity to act; (h) Provide City with a complete Request for Taxpayer Identification Number and Certification Form W-9 using the form most recently issued by the Internal Revenue Service;
(i) Comply with all applicable state and federal laws, as well as Alameda County and City of Livermore ordinances, regulations, and adopted codes, when providing the Services;
(j) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested, and if requested by the Project Manager, Consultant shall certify the correctness of any invoice or invoices for Services provided. Consultant shall not submit an invoice to City more frequently than once a calendar month;
(k) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least three years from the date of City’s final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment. Consultant shall make the invoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Consultant shall give City 30 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: EC391FCF-D353-42A6-B10B-D92B711CA997 EXHIBIT A Page 3 of 24
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(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 05/12/2026 and terminates upon the completion of the Services or 12/31/2031, whichever occurs first.
6. Termination by City. City may terminate any portion or all of the Services by giving Consultant at least 30 calendar-days’ written notice. Upon receipt of a termination notice, Consultant shall immediately stop all work in progress on the Services except where necessary to preserve the benefit of the work, and Consultant shall then assemble the work on the Services for delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with and subject to Section 7.
7. Compensation and Payment.
(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $592,000.00 ("not-to-exceed amount"). (b) City shall compensate Consultant for the Services rendered at the hourly rates or task amounts set forth in Exhibit B Fee Schedule, and shall reimburse Consultant for travel expenses and other costs that are identified in Exhibit B, up to the not-to-exceed amount.
(c) Consultant and City acknowledge that compensation paid by City to Consultant pursuant to this Agreement is based upon Consultant’s estimated costs to provide the Services, including the salaries and benefits paid by Consultant to its personnel. Consequently, Consultant and City further agree that compensation paid by City to Consultant is intended to include the costs of contributions to any pensions or annuities, or both, to which Consultant and its personnel may be eligible, and that City has no responsibility for contributions beyond the compensation paid to Consultant under this Agreement. As provided this Agreement, the hourly rates, task amounts and reimbursement for specified travel expenses and costs in the Fee Schedule are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-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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(e) City shall pay Consultant via the Automated Clearing House or as otherwise instructed by Consultant pursuant to Section 4(g) above.
8. Ownership of Documents. All drawings, designs, data, photographs, reports and other items prepared or obtained by Consultant in the performance of the Services are City’s property and Consultant shall deliver them to City upon demand.
9. Intellectual Property, Copyright, and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disclosed by Consultant to City and Consultant obtains a license to such items for the benefit of City.
All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.
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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