Agenda packet — Livermore City Council, July 13, 2026 (part 1 of 2)

CITY COUNCIL
AGENDA
MONDAY, JULY 13, 2026
REGULAR HYBRID MEETING –
7:00 PM

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

IN PERSON INFORMATION

CIVIC CENTER MEETING HALL
DR. JOHN SHIRLEY COUNCIL CHAMBER
1016 S. LIVERMORE AVENUE

TELECONFERENCE INFORMATION
ZOOM WEBINAR:
***ATTENTION: Zoom update requirements found at the end of the agenda*** https://us02web.zoom.us/j/83290724705
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 832 9072 4705
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
July 13, 2026

1 Attachments:

1. CLOSED SESSION - NONE

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

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS - NONE

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.

6. CONSENT CALENDAR

Consent Calendar items are considered routine and are acted upon by the City Council with a single action.

6.1 Approval of draft minutes - April 27, 2026 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

DRAFT 2026-04-27

6.2 Introduction of an omnibus ordinance making administrative, technical, and other non- substantive changes to various sections of the Livermore Municipal Code.

HOW TO PARTICIPATE IN A CITY COUNCIL MEETING

Council meetings are
hybrid
- the public may join
in person
or
remotely
(Zoom or telephone). Meetings
may also be viewed without commenting on the City's YouTube channel and TV29 (Comcast Channel 29). For detailed instructions, please view the attachment.

How to Participate in a City Council Meeting

ROLL CALL

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

PLEDGE OF ALLEGIANCE

Livermore City Council Agenda
July 13, 2026

2 Recommendation:

Staff recommends the City Council
introduce an omnibus ordinance
and waive the first
reading amending various sections of the Livermore Municipal Code to make administrative, technical, and other non-substantive amendments.

Staff Report

Attachments:

1. Ordinance

6.3 Resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion (Sewer Replacement Project WW202003)

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and authorizing the City Manager to sign the Notice of Completion for the Sewer Replacement Project WW202003.

Staff Report

Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Notice of Completion

6.4 Resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion (Street Lighting Project TC201923)

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance, releasing the security bonds, and authorizing the City Manager to sign the Notice of Completion for the Street Lighting Project TC201923.

Staff Report

Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Notice of Completion

6.5 Resolution authorizing execution of a second amendment to the agreement with TJKM Transportation Consultants, for on-call transportation planning and traffic engineering services, increasing the not-to-exceed amount from $200,000 to $700,000 and extending the termination date from June 30, 2030, to June 30, 2031.

Recommendation:

Staff recommends City Council adopt a resolution authorizing the City Manager to execute a second amendment to the agreement with TJKM Transportation Consultants, for on-call transportation planning and traffic engineering services, increasing the not-to-exceed contract amount from $200,000 to $700,000 and extending the termination date from June 30, 2030, to June 30, 2031.

Staff Report

Attachments:

Livermore City Council Agenda
July 13, 2026

3 1. Resolution

2. Exhibit A - Second Amendment with TJKM

6.6 Resolution authorizing the execution of a second amendment to the professional services agreement with RRM Design Group for on-call landscape design and field support services, increasing the not-to-exceed contract amount from $200,000 to $400,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a second amendment to the professional services agreement with RRM Design Group for additional on-call landscape design and field support services, increasing the not-to-exceed agreement amount from $200,000 to $400,000.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Second Amendment to RRM On-Call Original Agreement

6.7 Resolution authorizing execution of agreements with BSK Associates, in an amount not-to- exceed $1,000,000, Twining, Inc., in an amount not-to-exceed $800,000, and with Consolidated Engineering Laboratories, in an amount not-to-exceed $600,000 to provide on- call professional geotechnical engineering, materials testing, special inspections, and construction inspection and administration services with terms ending December 31, 2031.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute agreements with BSK Associates, in an amount not-to-exceed $1,000,000, Twining, Inc., in an amount not-to-exceed $800,000, and with Consolidated Engineering Laboratories, in an amount not-to-exceed $600,000 to provide on-call professional geotechnical engineering, materials testing, special inspections, and construction inspection and administration services with terms ending December 31, 2031.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - BSK Associates Agreement

3. Exhibit B - Twining Inc. Agreement

4. Exhibit C - Consolidated Engineering Laboratories Agreement

6.8 A resolution approving a 30-year potable water supply agreement between the City of Livermore and Zone 7 Water Agency.

Recommendation:

Staff recommends that the City Council adopt a resolution authorizing a 30-year Potable Water Supply Agreement with Zone 7 Water Agency for the continued wholesale supply of potable water to the City of Livermore.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Zone 7 Agreement

Livermore City Council Agenda
July 13, 2026

4 6.9
Approval of minor revisions to the City Council Meeting Rules of Procedure to clarify the process for in-person remote speakers during Open Forum consistent with the City Council meeting agenda instructions and the City's website.

Recommendation:

Staff recommend City Council approve the minor revisions to the City Council Meeting Rules of Procedure to clarify the process for in-person and remote speakers during Open Forum consistent with the City Council meeting agenda instructions and the City's website.

Staff Report

Attachments:

1. Redlined City Council Meeting Rules of Procedure

2. Resolution - Updated Rules of Procedure

3. Exhibit A - Rules of Procedure

6.10 Approval of the City Council 2027 Meeting Calendar.

Recommendation:

Staff recommends the City Council approve the 2027 Meeting Calendar. Staff is prepared to make adjustments if a Council Member identifies a scheduling or holiday conflict to ensure all members of the Council can participate in meetings.

Staff Report

7. PUBLIC HEARINGS

7.1 Authorization to negotiate a Development Agreement with Gillig to facilitate campus expansion.

Recommendation:

Staff recommends that the City Council adopt a resolution authorizing staff to negotiate a Development Agreement with Gillig for the general subject areas identified in this report.

Staff Report

Attachments:

1. Campus Expansion Concept Plan

2. Proposed Road Closure Segment

3. Preliminary Traffic Study

4. Resolution

8. MATTERS FOR CONSIDERATION

8.1 Resolution approving the Executive Management, Management Confidential, and Confidential Compensation Plan effective July 1, 2025.

Recommendation:

Staff recommends that the City Council adopt a resolution approving the Executive Management, Management Confidential, and Confidential Compensation Plan effective July 1, 2025.

Staff Report

Livermore City Council Agenda
July 13, 2026

5 Attachments:

1. Resolution

2. EXHIBIT A - Executive Management, Management Confidential, and Confidential Compensation Plan

9. OPEN FORUM (AS NEEDED)

10. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS

11. ADJOURNMENT

To a Regular City Council meeting on Monday, July 27, 2026 at 7:00 pm, Civic Center Meeting Hall, Dr. John Shirley Council Chamber, 1016 S. Livermore Avenue and virtually using Zoom.

12. SUPPLEMENTAL MATERIALS

12.1 Supplemental materials received prior to the meeting.

Staff Report

Attachments:

1. Supplemental Materials

Livermore City Council Agenda
July 13, 2026

6 How to Participate in a City Council Meeting

GENERAL RULES
Council meetings are hybrid — the public may join in person or remotely (Zoom or telephone). Meetings may also be viewed without commenting on the City's YouTube channel and TV29 (Comcast Channel 29).

Agenda availability Agenda & staff reports posted 72+ hrs before regular meetings at LivermoreCA.gov/agenda; also available at the Civic Center Library and City Clerk's Office.

Non-agenda items State law prohibits the City Council from taking action on any items not listed on the agenda.

Speaker Limits Up to 3 minutes per item (Presiding Officer may reduce time if needed). One comment per item per speaker.

Accessibility
In compliance with the Americans with Disability Act and Section 504 of the Rehabilitation Act of 1973, the City does not discriminate on the basis of disability. To request an accommodation, contact the ADA coordinator at least 3 business days prior to the meeting at [email protected] or (925) 960-4170 (voice) / (925) 960-4104 (TDD).

Translation
Public may post their own agenda translation at City Hall, 1052 S. Livermore Ave. Members of the public wishing to receive translation or interpretation services from a third party during a meeting, please contact [email protected] or visit the City’s webpage at LivermoreCA.gov/agenda.

PUBLIC COMMENT
Public comment may be offered during Open Forum (any matter within the City's subject matter jurisdiction), Consent Calendar, Public Hearings, and Matters for Consideration.

For Open Forum, in-person speakers will have the opportunity to address the City Council for up to 30 minutes. Additional in-person speakers or any speakers participating remotely will have the opportunity to address the City Council at the end of the meeting.

For Consent Calendar, Public Hearings, and Matters for Consideration, in-person speakers will be called upon first, followed by speakers participating remotely.

In Person Remotely by Zoom Remotely by Telephone
● Complete a speaker card (available in the Civic Center Meeting Hall lobby) ● Write the agenda item number & submit to the City Clerk before that item's comment period closes (cannot submit on behalf of another speaker) ● When the Clerk calls your name, approach the podium and speak into the microphone ● Join via the Zoom link, Meeting ID, and dial-in number on the agenda cover page ● When your item begins, use the “raise hand” feature
● Wait to be called on, then unmute and speak
● Use an updated Zoom app — outdated versions may block commenting (zoom.us/download) ● Call the Zoom dial-in number on the agenda and enter the Meeting ID ● When your item begins, press *9 to raise your virtual hand ● Wait to be called on; press *6 to unmute and speak when recognized Written Public Comment Submitted Before the Meeting
Written comments submitted before the meeting are provided to the Council and made available to the public in advance. These comments are not read aloud into the record.

By Email Send to [email protected]. Must be received by 12:00 p.m. (noon) on the day of the meeting to be provided to City Council and posted on the City’s website prior to the meeting.

By eComment
Submit online via the eComment link on the City Council Meeting Calendar & Agendas page. Comments may be up to 1,000 characters; accepted until 4:00 p.m. on the day of the meeting. Viewable by Council and the public immediately upon submittal.

Materials to
Distribute at
Meeting
In person: bring 8 copies to the City Clerk with your speaker card. By Zoom: identify the material in your comment and email it to the City Clerk at [email protected] by the end of the meeting.

WRITTEN COMMENT SUBMITTED AFTER THE AGENDA IS POSTED (SUPPLEMENTAL MATERIAL) ● Supplemental material distributed to the City Council after the posting of the agenda will be available for public review at the City Clerk's Office, 1052 S. Livermore Avenue, Livermore and included in the agenda packet on the City’s website at LivermoreCA.gov/agenda.
● Comments received after the email (noon) or eComment (4:00 p.m.) deadlines on meeting day are treated as supplemental material and, if received before the meeting concludes, are provided to the City Council after the meeting. 7 CITY COUNCIL STAFF REPORT
ITEM NO. 6.1

DATE:

July 13, 2026
TO:

Honorable Mayor and City Council
FROM:

Marianna A. Burch, City Manager
SUBJECT:

Approval of draft minutes - April 27, 2026 Regular Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

DRAFT 2026-04-27

Prepared by: Helena Graves
Acting City Clerk

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
8 APRIL 27, 2026 Minutes CM/76/1

DRAFT MINUTES

CITY COUNCIL
APRIL 27, 2026
________________________________________________________________

CLOSED SESSION

CALL TO ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand at 6:40 pm, held in person at 1016 S. Livermore Avenue.

ROLL CALL – Present: Mayor John Marchand, Vice Mayor Kristie Wang, Council Members Ben Barrientos (arrived at 6:48 pm), Evan Branning, and Steven Dunbar.

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

Mayor Marchand opened the public comment period.

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

1. ADJOURN TO CLOSED SESSION

1.1 Conference with Real Property Negotiators. To meet with Andy Ross, Principal Planner, and Kam Purewal, Associate Planner, the City’s negotiators pursuant to Government Code Section 54956.8 regarding the sale and purchase of real property at Assessor Parcel Nos. 099B630000301, 099A178500114, 099B565000104, 099B630000302, 099B630000303, 099B650 000201, 099A178000105, and 099B642500204. The City’s negotiators may negotiate with Matthew Ford, Esq. On behalf of the Corbett Family Trust and the Corbett Family Limited Partnership. The instructions will concern price and terms of payment. ________________________________________________________________

REGULAR MEETING

2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue.

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

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION
9 CM/76/2 Minutes APRIL 27, 2026

City Attorney Kim Cilley stated there was no reportable action.

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation recognizing California Water Service Group’s Centennial Celebration presented to John Freeman and Robert Seeley.

Mayor Marchand presented a proclamation to John Freeman, Livermore District Manager, and Robert Seeley, Regional Public Affairs Program Manager , recognizing California Water Service Group’s Centennial Celebration.

3.2 Proclamation declaring May as Livermore Valley Wine Month presented to the Executive Director of the Livermore Valley Wine Foundation Brandi Lombardi.

Mayor Marchand presented a proclamation to Brandi Lombardi, Executive Director of the Livermore Valley Wine Foundation, declaring May as Livermore Wine Month.

4. ADVISORY BODY APPOINTMENTS

4.1 Confirm Advisory Body appointments to the Historic Preservation Commission, Library Board of Trustees, and the Livermore Housing Authority Board of Commissioners, and direct the City Clerk to administer the oath of office.

Mayor Marchand opened the public comment period.

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

Historic Preservation Commission 1 Vacancy
Reappointment to a regular term ending May 1, 2030
 Richard Hanan

Library Board of Trustees 2 Vacancies
Appointment to a regular term ending June 1, 2029
 Erin Roslund
Re-appointment to a regular term ending June 1, 2029
 Nancy Olavarrieta

Livermore Housing Authority 1 Vacancy
Appointment to an unexpired term ending January 1, 2027 and a possible regular term ending January 1, 2031, subject to City Council approval.  Dan Knight

ON THE MOTION OF COUNCIL MEMBER DUNBAR, SECONDED BY VICE MAYOR WANG, AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED THE ADVISORY BODY APPOINTMENTS.
10 APRIL 27, 2026 Minutes CM/76/3

ON THE MOTION OF COUNCIL MEMBER DUNBAR, SECONDED BY VICE MAYOR WANG, AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED THE ADVISORY BODY APPOINTMENTS.

5. OPEN FORUM

Mayor Marchand opened the public comment period.

Cy Matin provided a comment.

Joey Griffiths provided a comment.

Alan Marling 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.

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

ON THE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY
COUNCIL MEMBER DUNBAR AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

6.1 Adopt Ordinance 2026-2184 amending Section 2.04.030 Compensation Limits for the Mayor and City Council Members of the Livermore Municipal Code to adjust the monthly compensation for the Ma yor and City Council Members consistent with Measure W.

6.2 Resolution 202 6-050 awarding a construction contract with Bockman & Woody Electric Company, Inc. in an amount not -to-exceed $2,234,030, for WRP SCADA Server & Network Upgrade Project WW202129.

6.3 Resolution 2026-051 authorizing the execution of a First Amendment to Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants between the City of Livermore and Pac Avenue, L.P.

6.4 Resolution 2026-052 adopting an updated policy for distribution of Tickets, Passes, and Gifts.

6.5 Resolution 2026-053 authorizing the execution of an agreement with RingCentral, Inc. for unified communications services (RingEX) for a five -year term, in an amount not-to-exceed $750,000.

11 CM/76/4 Minutes APRIL 27, 2026

6.6 Resolution 2026-054 authorizing the City Manager to sign the second amendment to the Emergency Medical Services First Responder Advanced Life Support (FRALS) Agreement between the City and the County of Alameda.

6.7 Resolution 2026-055 authorizing the City Manager to execute a Contract Change Order for the Livermore -Pleasanton Fire Department Joint Powers Authority with L.N. Curtis & Sons for an amount not-to-exceed $600,000.

7. PUBLIC HEARINGS

7.1 Hearing to receive and consider protests and direct staff t o proceed with fieldwork on the abatement of weeds, rubbish, dirt, or refuse on specific described properties under the 2026 Weed Abatement Program.

Recommendation: Staff recommended the City Council consider all protests, and if the City Council finds it appropriate, adopt a resolution overruling protests, and direct staff to proceed with necessary weed abatement on all parcels requiring abatement.

Deputy Chief Fire Marshal Ryan Rucker presented the staff report.

Mayor Marchand opened the public comment period.

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

ON THE MOTION OF COUNCIL MEMBER BARRIENTOS SECONDED BY
COUNCIL MEMBER BRANNING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2026-056 overruling protests and ordering the abatement of weeds, rubbish, dirt, or refuse on certain described properties under the 2026 Weed Abatement Program.

7.2 Public Hearing to receive information regarding the City’s job vacancies, recruitment, and retention efforts in accordance with Assembly Bill 2561, as required by Government Code section 3502.3

Recommendation: Staff recommend ed that the City Council receive the presentation only for information purposes during the public hearing at which staff will report on the City’s job vacancies, recruitment, and retention efforts as required by AB 2561.

Human Resources Manager Kristen Hilton presented the staff report.

Mayor Marchand opened the public hearing.

12 APRIL 27, 2026 Minutes CM/76/5

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

The City Council received the presentation for information purposes. No other action was required or taken.

8. MATTERS FOR CONSIDERATION

8.1 Public comment on the renewal of the Livermore Valley Wine Heritage District.

Recommendation: Staff recommended that the City Council receive public comment regarding the proposed renewal of the Livermore Valley Wine Heritage District. No City Council action was required.

Management Analyst II Theresa de la Vega presented the staff report.

Mayor Marchand opened the public hearing.

Brandi Lombardi provided a comment.

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

No action was required or taken.

8.2 Resolution approving an amendment to the City Attorney’s contract.

Recommendation: Staff recommended that the City Council adopt a resolution approving an amendment to the City Attorney’s employment contract.

Administrative Services Director Tina Olson presented the staff report.

Mayor Marchand opened the public comment period.

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

ON THE MOTION OF COUNCIL MEMBER DUNBAR, SECONDED BY COUNCIL MEMBER BRANNING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2026 -057 approving the amendment to the City Attorney’s employment contract.

9. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

RECENTLY ATTENDED EVENTS AND MEETINGS IN ADDITION TO THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET. COUNCIL 13 CM/76/6 Minutes APRIL 27, 2026

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

Raise the Pride Flag (June) and the POW -MIA Flag (November) Council Member Branning initiated a future matter for discussion to raise both flags in perpetuity during respective months unless the action is undone by Council.

Tri-Valley Haven Wings of Hope Gala Council Member Barrientos noted his attendance at the event on April 17, 2026.

10. ADJOURNMENT – at 8:02 pm to a Regular City Council Meeting on Monday, May 11 , 2026 at 7:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST: ___
HELENA L. GRAVES, ACTING CITY CLERK
14 CITY COUNCIL STAFF REPORT
ITEM NO. 6.2

DATE:

July 13, 2026
TO:

Honorable Mayor and City Council
FROM:

Kimberly Cilley, City Attorney
SUBJECT:

Introduction of an omnibus ordinance making administrative, technical, and other non- substantive changes to various sections of the Livermore Municipal Code.

RECOMMENDED ACTION

Staff recommends the City Council
introduce an omnibus ordinance
and waive the first reading
amending various sections of the Livermore Municipal Code to make administrative, technical, and other non-substantive amendments.

SUMMARY
The proposed omnibus ordinance will make several minor changes to the Livermore Municipal Code.

Generally, these changes correct grammatical errors, clarify language, conform the codes to current state law, conform codes to administrative practices and facts, and make other administrative, technical, and non-substantive amendments. Additionally, the omnibus ordinance provides an opportunity to update and clarify the Livermore Municipal Code to reflect current practices.

DISCUSSION
An omnibus ordinance is a consolidation of changes on one substantive matter, or as in this case, a consolidation of changes on several minor matters. These items are compiled by staff and combined into one ordinance for the sake of convenience and efficiency. Rather than adopting several ordinances to cover each individual section change to the code, an omnibus allows for the adoption of a single ordinance to make several changes to different sections. An omnibus is advantageous when considering matters that do not ordinarily require lengthy deliberations or are non-substantive. The City annually considers an omnibus ordinance in order to keep the Livermore Municipal Code up to date, accurate, and reflective of City practices. This omnibus ordinance is a consolidation of changes spanning multiple chapters and sections of the Municipal Code, as described in the accompanying ordinance.

Brief explanations of the recommended changes.

The proposed amendments are as follows:

15 Municipal Code

Section 2.06.010 - Grammatical and address corrections

Chapter 2.08 - Grammatical correction and clarifying corrections to replace gender specific references and to be consistent with City practice and the delegation of authority under state law

Section 2.28.020 - Change to reflect City practice

Section 2.68.140 - Change to reflect City practice

Section 2.72.070 - Change to reflect change in organization structure

Chapter 5.50 - Clarifying corrections consistent with federal law

Section 11.08.070 - Change to reflect City policy and practice

Section 15.14.160 - Typographical corrections
1 ENVIRONMENTAL DETERMINATION

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

FISCAL AND ADMINISTRATIVE IMPACTS

None

COMMUNITY PILLAR

5. City That Works.

GOAL

15: Uphold the integrity of Livermore's Municipal Code

1 At the time of adoption, Ordinance 2181 had two typographical errors which were corrected unilaterally by the City's code publishing service at codification. This omnibus ordinance corrects the two typographical errors in Ordinance 2181, consistent with Section 15.14.160 as codified.

16 ATTACHMENTS

1. Ordinance

Prepared by: Daniel Gonzales
Deputy City Attorney

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN OMNIBUS ORDINANCE AMENDING THE LIVERMORE MUNICIPAL CODE TO

CORRECT GRAMMATICAL ERRORS, CLARIFY LANGUAGE, CONFORM CODES

TO ADMINISTRATIVE PRACTICES AND FACTS, AND TO MAKE OTHER

ADMINISTRATIVE, TECHNICAL, AND NON-SUBSTANTIVE AMENDMENTS

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

Section 1. Purpose. This omnibus ordinance amending the Livermore municipal code to correct grammatical errors, clarify language, conform codes to administrative practices and facts, and to make other administrative, technical, and non - substantive amendments.

Section 2. Instruction to Publisher . The code amen dments made by this ordinance are reflected as follows: Deletions are reflected in this ordinance using a strikethrough, and new language is underlined. However, language with a strikethrough, and the underlines, will not be codified. The codification of this ordinance will only reflect the final language.

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

A. Section 2.06.010 Regular meetings – When and where held is hereby amended to read as follows to correct the location of council meetings and make a grammatical change:

“All regular meetings of the City Council shall be held on the second and fourth Mondays of every month in the City Council cChambers located at 3575 Pacific Avenue 1016 S. Livermore Avenue, Livermore, California.”

B. The following sections in Chapter 2.08 City Manager are amended as follows to replace gender specific references from “he” to “her” or “City Manager” and to clarify City Manager contract signing authority consistent with state law and City practice:

2.08.010 “The office of City Manager is created and established. The City Manager shall be appointed by the City Council wholly on the basis of his or her administrative and executive ability and qualifications, and shall hold office for and during the pleasure of the City Council.”

2.08.060 “The City Manager shall be the administrative head of the government of the City, under the direction and control of the City Council, except as otherwise provided in this code. He The City Manager shall be responsible for the efficient administration of all the affairs of the City which are under his 18 2 ORDINANCE NO. _____
or her control. In addition to his the City Manager’s general powers a s administrative head, and not as a limitation thereon, it shall be his or her duty and he or she shall have the power:

A. Enforcement of Laws. To enforce all laws and ordinances of the City, and to see that all franchises, contracts, permits and privile ges granted by the City Council are faithfully observed;

B. Authority Over Employees. To control, order and give directions to all heads of departments and to subordinate officers and employees of the City under his or her jurisdiction, except the City Attorney and city treasurer, through their department heads;

C. Appointment and Removal of Officers and Employees. To appoint and, when necessary for the good of the service, remove any employee of the City, except the City Attorney, the City Attorney’s staff and the city treasurer;

D. Reorganization of Offices. To recommend to the City
Council such reorganization of offices, positions, departments or units under his or her direction, as may be indicated in the interest of efficient, effective and economical conduct of the City’s business;

E. Recommend Ordinances. To recommend to the City
Council for adoption such measures and ordinances as he or she deems necessary or expedient;

F. Attendance at Council Meetings. To at tend all meetings of the City Council unless excused therefrom, except when his or her removal is under consideration;

G. Financial Reports. To keep the City Council at all times fully advised as to the financial conditions and needs of the City;

H. Preparation of Budget. To prepare and submit the
proposed annual budget and the proposed annual salary plan to the City Council for its approval;

I. Purchase of Supplies. To purchase all supplies for all of the departments or divisions of the City. No expenditures shall be submitted or recommended to the City Council except on
report and approval of the City Manager;

J. Investigation of City Affairs. To make investigations into the affairs of the City and any department or division thereof, and 19 3 ORDINANCE NO. _____
any contract, or the proper performance of any obligations of the City;

K. Investigate Complaints Concerning Public Utilities,
Franchises. To investigate all complaints in relation to matters concerning the administration of the City government, and in regard to the service maintained by public utilities in the City, and to see that all franchises and permits granted by the City are faithfully performed and observed;

L. Supervision of Public Buildings and Parks. To exercise general supervision over all public buildings, public parks, and all other public property which is under the control and jurisdiction of the City Council;

M. Hours of Employment. To devote his or her entire time to the duties of his or her office in the interests of the City;

N. Execute Specified Documents. To execute any document specified in Government Code Section 40602 whenever the City Council has delegated such authority by resolution, motion, minute order, or other appropriate council action. The authority granted by this section i s in addition to and not a limitation on authority granted by other provisions of this code and City ordinances.

N O. Additional Duties. To perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other action of the City Council.

C. Subsection 6 of Subsection H of Section 2.28.020 Powers and duties is hereby amended to read as follows to clarify duties of the administrative services department consistent with City practice:

“Prescribe and maintain forms and systems necessary to the operation of Chapter 2.68 LMC and other rules and regulations; and”

D. Subsection C of Section 2.68.140 Purchasing oversight is hereby amended to read as follows to clarify duties of the Administrative Services Director consistent with City practice:

“C. Prescribing and maintaining such forms and systems as are reasonably necessary to the operation of this chapter and the purchasing policy;”

E. Section 2.72.070 Leasing of city property at the airport is hereby amended to read as follows to reflect the change in organization structure moving airport from public works to innovation & economic development by updating which division director is authorized to enter into specific leases at the airport:
20 4 ORDINANCE NO. _____

“The Public Works Innovation & Economic Development Director is authorized to enter into and sign month -to-month aircraft tie -down and hangar lease agreements and five -year medium -term lease agreements with one five -year option for large hangars for and on behalf of the City, without prior approval of the City Coun cil. The authority contained in this section may be delegated by the Public Works Innovation & Economic Development Director to the airport manager.”

F. The following sections in Chapter 5.50 Tobacco Retail Licensing are amended as follows to align language used with the language used by the United States Food and Drug Administration:

5.50.020 I. ““New FDA approved authorized tobacco product” means a new tobacco product as defined in 21 U.S.C.

Section 387j(a)(1) of the Family Smoking Prevention and Tobacco C ontrol Act of 2009 when that product requires premarket review by the United States Food and Drug
Administration and that product has obtained a premarket review order under 21 U.S.C. Section 387j(c)(1)(A)(i), as those statutes may be amended from time to time.”

5.50.100 “C. The sale, offer for sale, exchange, or offer to exchange of any electronic smoking device fluid is prohibited, except where the electronic smoking device fluid is an FDA approved authorized tobacco product that is not otherwise prohibited by this chapter as a flavored tobacco product.”

G. Subsection B of Section 11.08.070 Hangars is hereby amended to read as follows to align with the City’s payment processing technology policy, as updated from time to time:

“Hangar rent payments will only be accepted from the tenant whose name appears on the hangar lease agreement and shall be made by cash, check, cashier’s check, or money order, credit card, digital wallet, or other form of payment deemed acceptable by the Administrative Services Director.”

H. Section 15.14.160 CRC Section R403.1.3 amended – Footing and steam wall reinforcing in Seismic Design Categories D0, D1, D2 is amended to read as follows to correct typographical errors:

“R403.1.3 Seismic Reinforcing. Concrete footings located in Seismic Design Categories D0, 0D1 and 0D2, as established in Table R301.2, shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.

In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is supported on a concrete footing and stem wall, a minimum of 21 5 ORDINANCE NO. _____
one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center.

The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing and have a standard hook.

In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted.”

Section 5. Environmental. The passage of this ordinance is not a project according to the definition in the California Environmental Quality Act and, therefore, is not subject to the provisions requiring environmental review.

Section 6. Severability. If any part of this ordina nce is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

Section 7. Publication. This ordinance shall be published once in a newspaper of general circulation of the city of Livermore within fifteen days after its adoption.

Section 8. Effective date . This Ordinance shall take effect 30 days after its adoption.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on July 13, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Mayor, City of Livermore

ATTEST: APPROVED AS TO FORM:

___________________________ /s/ Daniel R. Gonzales
Helena Graves Daniel R. Gonzales
Acting City Clerk Deputy City Attorney

22 CITY COUNCIL STAFF REPORT
ITEM NO. 6.3

DATE:

July 13, 2026
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion (Sewer Replacement Project WW202003)

RECOMMENDED ACTION

SUMMARY
On July 14, 2025, City Council awarded a construction contractor for the Sewer Replacement Project WW202003 to DPI Inc. The contract was substantially completed on May 13, 2026, and reached final completion on June 10, 2026. The contract can now be accepted for permanent maintenance. The process to release the contractor's bonds can begin.

DISCUSSION
The Sewer Replacement Project WW202003 (Project) reduced the potential for sewer overflows by repairing deteriorated sanitary sewer lines and maintenance holes. This work was primarily along Holmes Street and First Street between Stanley Boulevard and Aaron Street, as shown on the Location Map (Attachment 1). As part of the Project, approximately 3,900 linear feet of existing sewer pipe were upsized and replaced to accommodate increased flows anticipated from future development identified in the General Plan. In addition, existing maintenance holes were replaced where necessary, and the remaining maintenance holes were coated to extend their service life. Affected roadways were repaired through micro-surfacing and mill and overlay treatments to restore their appearance and condition following construction. These improvements included restriping and the addition of new bike lanes throughout the Project area as part of the Livermore Active Transportation Plan (ATP). Affected sidewalks, curb ramps, medians, and landscaping were also restored following construction. Additionally, new vehicle detection cameras were installed at the signalized intersection of Holmes Street and First Street.
23 The Project was completed in accordance with the contract documents in a manner acceptable to the City Engineer.

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

FISCAL AND ADMINISTRATIVE IMPACTS

The original construction contract amount was $4,798,723. The contingency budget for change orders is 10% of the amount or $200,000, whichever is greater, per Municipal Code 2.68.590B. The final contract amount including six (6) change orders was $5,278,565. The total value of change orders was $479,842 (9.99%), which consisted primarily of additional emergency sewer mainline replacement, additional paving & micro-surfacing, and additional striping to accommodate new bike lanes as part of the ATP.

The Project is funded with CIP Reserves – Wastewater Replacement Fund 621, Wastewater Connection Fund 621, and County Measure BB – Local Streets and Roads Fund 830. The budget covers the cost for this construction contract, change orders, construction management, materials testing, inspection, and administration. No additional appropriations are required. The Sewer Replacement Project will not result in any increase in operational or maintenance costs.

COMMUNITY PILLAR

1: A Safe Community That Thrives

GOAL

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

GUIDING DOCUMENT

5-Year Capital Improvement Plan Fiscal Years 2025-2030

ATTACHMENTS

1. Location Map

2. Resolution

3. Exhibit A - Notice of Completion

Prepared by: Dennis Aberion
Construction Inspection Manager

24 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
25 ALL LOCATIONS ARE APPROXIMATE
LEGEND

CITY OF
Path: /Web Map
Livermore Web Map
Date: 6/11/2026
0 0.05 0.10.03
mi
Project Location - Annual Sewer Replacement
2020 Project, WW202003
ATTACHMNET 1

MURRIETA BL

FIRST ST

E STANLEY BL
2020 Annual Sewer Replacement Project, Phase 1
City Project Number 2020-03
ATTACHMENT 1
26 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE ACCEPTANCE FOR PERMANENT

MAINTENANCE, RELEASE OF THE SECURITY BONDS, AND EXECUTION OF A

NOTICE OF COMPLETION

(SEWER REPLACEMENT PROJECT WW202003)

The City Engineer of the City of Livermore (“City”) has filed with the City Clerk a report in writing that all work on the Sewer Replacement Project WW202003 (“Project”), has been completed to City standards. The Project is ready for acceptance by the City of Livermore for routine maintenance.

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

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

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

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

4. The City hereby accepts the improvements; and

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

On motion of Council Member _______________________, seconded by Council Member _______________, the foregoing resolu tion was passed and adopted on July 13, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

27 2 RESOLUTION NO. _____
ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Kimberly Cilley
Helena Graves Kimberly Cilley
Acting City Clerk City Attorney

Exhibit A – Notice of Completion
28 29

CITY COUNCIL STAFF REPORT
ITEM NO. 6.4

DATE:

July 13, 2026
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion (Street Lighting Project TC201923)

RECOMMENDED ACTION

SUMMARY
On October 27, 2025, City Council awarded the contract for construction of the Street Lighting Project TC201923 to BuildCorp Inc. The project was substantially completed on April 9, 2026, and reached final completion on May 12, 2026. The contract can now be accepted for permanent maintenance. The process to release the contractor’s bonds can begin.

DISCUSSION
The Street Lighting Project TC201923 consisted of improving street lighting in Livermore by installing new solar powered streetlights, replacing existing HPS streetlight heads with new Light Emitting Diode (LED) streetlight heads, and upgrading lighting at Carnegie Park. The installation of new solar and LED streetlights will reduce the City’s long-term energy requirements. A total of 38 new solar powered streetlights were installed with this project. The installations include 28 along East Avenue and 10 within residential areas. City Council authorized sole sourcing Fonroche Lighting America solar lights, specifically for this project. In addition to the solar powered streetlights, 77 new LED lights were installed as replacement for the old LED lights on existing pole and arms along East Avenue to further improve visibility. This project also included lighting upgrades at Carnegie Park, located at 2155 Third Street. As part of the upgrade, 35 new bollard lights were installed along the walking paths of the park. There were 11 existing bollards that were upgraded and are inclusive of the 35 bollard lights.

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

FISCAL AND ADMINISTRATIVE IMPACTS

The original construction contract amount was $617,951. The final contract amount was $609,404. The total deduction of change orders was $8,547. This consisted of eliminating all tree trimming, as it was deemed unnecessary during construction. The Street Lighting Project No. 201923 is funded by State – SB1 (Fund 561). The budget covers the cost of this construction contract and all other project costs including design, change orders, permits, construction support services, and project management. No additional appropriations are required. This Street Lighting Project will add approximately $20,000 per year in operations and maintenance costs which will be funded by the Public Works operating budget.

COMMUNITY PILLAR

1: A Safe Community that Thrives

GOAL CATEGORY

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

ATTACHMENTS

1. Location Map

2. Resolution

3. Exhibit A - Notice of Completion

Prepared by: Dennis Aberion
Construction Inspection Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE ACCEPTANCE FOR

PERMANENT MAINTENANCE, RELEASE OF THE SECURITY BONDS,

AND EXECUTION OF A NOTICE OF COMPLETION

(STREET LIGHTING PROJECT TC201923)

The City Engineer of the City of Livermore (“City”) has filed with the City Clerk a report in writing that all work on the Street Lighting Project TC201923 (“Project”), has been completed to City standards. The Project is ready for acceptance by the City for routine maintenance.

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

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

4. The City hereby accepts the improvements; and

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

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

AYES:

NOES:

ABSENT:

ABSTAIN:

33 2 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Kimberly Cilley
Helena Graves Kimberly Cilley
Acting City Clerk City Attorney

Exhibit A – Notice of Completion

34 EXHIBIT A
35 CITY COUNCIL STAFF REPORT
ITEM NO. 6.5

DATE:

July 13, 2026
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing execution of a second amendment to the agreement with TJKM Transportation Consultants, for on-call transportation planning and traffic engineering services, increasing the not-to-exceed amount from $200,000 to $700,000 and extending the termination date from June 30, 2030, to June 30, 2031.

RECOMMENDED ACTION

SUMMARY
This second amendment with TJKM Transportation Consultants (TJKM) authorizes continued on-call transportation planning and traffic engineering services from TJKM, for assisting staff in reviewing development projects as it relates to transportation matters, preparing plan specifications and estimates for transportation related projects, conducting various traffic studies and analyses, reviewing traffic patterns and driving behavior within the City, helping the City prepare various transportation planning documents, and helping the City apply for grants. This second amendment increases the not-to-exceed amount from $200,000 to $700,000 and extends the term from June 30, 2030, to June 30, 2031.

DISCUSSION
In 2024, City staff issued a request for proposals for Traffic Engineering and Transportation Planning Services. TJKM Transportation Consultants (TJKM) was selected as the top qualified traffic design consultant after internal evaluations of the proposals were received.

On June 19, 2024, the City entered into an agreement with TJKM to provide professional on-call transportation planning and traffic engineering services with a not-to-exceed contract amount of $100,000 and a termination date of June 30, 2027. The original agreement was amended once to increase the amount of the agreement by $100,000 to a total amount of $200,000 and increase the duration of the contract for an additional three years, ending on December 31, 2030. 36 TJKM has been providing on-call transportation planning and traffic engineering services for a wide variety of tasks. These tasks include, but are not limited to, helping the city apply for and secure various transportation grants (e.g., Safe Streets and Roadways for All, Highway Safety Improvement Program, etc.), developing the Local Roadway Safety Plan and the Vision Zero Action Plan, and preparing the Plans, Specifications, and Estimates (PS&E) for the Transportation Safety Project and Traffic Signal Modification Project.

City staff has found TJKM’s work to be satisfactory as they provide industry and local expertise and demonstrate rapid and professional responsiveness. They perform their work efficiently and promptly provide value to field and administrative staff.

The second amendment will increase the not-to-exceed amount of the agreement by $500,000 to a total of $700,000 and extends the term of the agreement through June 30, 2031. This amendment will allow TJKM to continue providing on-call transportation planning and traffic engineering services to the City.

Potential upcoming tasks in the next five years include, but are not limited to, the following:

Develop Vision Zero Website
Apply for various grants, including, but not limited to, Active Transportation Program (ATP) Grant, Comprehensive Investment Program (CIP) Grant, Highway Safety Improvement Program (HSIP) Grant, Safe Streets and Roads for All (SS4A) Grant, etc.

Provide annual report for Vision Zero Action Plan
Update Local Roadway Safety Plan and Vision Zero Action Plan Develop PS&E for Traffic Signal Projects and Transportation Safety Projects Citywide signal retiming

FISCAL AND ADMINISTRATIVE IMPACTS

The second amendment increases compensation by $500,000 to a total not-to-exceed amount of $700,000. Funding for this amendment will be covered by the approved budgets for various projects in the Capital Improvement Plan and the approved budgets for transportation program activities included in the Engineering Operating Budget.

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. Resolution

2. Exhibit A - Second Amendment with TJKM

Prepared by: Gabriel Sendaydiego
Assistant Engineer

37 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
38 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A SECOND

AMENDMENT TO THE AGREEMENT WITH TJKM TRANSPORTATION

CONSULTANTS, FOR ON-CALL TRANSPORTATION PLANNING AND

TRAFFIC ENGINEERING SERVICES, INCREASING THE NOT-TO-
EXCEED AMOUNT FROM $200,000 TO $700,000 AND EXTENDING
THE TERMINATION DATE FROM JUNE 30, 2030 TO JUNE 30, 2031

In 2024, City staff issued a request for proposals for Traffic Engineering/Transportation Planning Services. TJKM was selected as the top qualified traffic design consultant after internal evaluations of the proposals received.

On June 19, 2024 , the City of Livermore entered into an agreement with TJKM Transportation Consultants (TJKM) to provide on-call Traffic Engineering services with a not-to-exceed contract amount of $100,000 and a termination date of June 30, 2027. The original agreement was amended once to increase the amount of the agreement by $100,000 for a total not-to-exceed amount of $200,000, and increase the duration of the contract for an additional three years, ending on December 31, 2030.

Staff recommends the agreement be amended to increase the not -to-exceed amount from $200,000 to $ 700,000 to allow TJKM to continue to provide on -call transportation planning and traffic engineering services for various transportation planning, traffic engineering and capital improvement projects, and extend the termination date from June 30, 2030, to June 30, 2031.

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

1. Authorizes the City Manager to execute a second amendment to the agreement with TJKM Transportation Consultants, attached hereto as Exhibit A, for on-call transportation planning and traffic engineering professional services, increasing the not -to-exceed amount from $200,000 to $ 700,000 and extending the termination date from June 30, 2030, to June 30, 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 M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on July 13, 2026, by the following vote:

39 2 RESOLUTION NO. ________
AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Kimberly Cilley
Helena Graves Kimberly Cilley
Acting City Clerk City Attorney

Exhibit A – Second Amendment with TJKM
40 Amendment - Professional Services Agreement Page 1 Rev. 09/19/23

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

THIS SECOND AMENDMENT is made and entered into this ____ day of ________, 2026, by and between the City of Livermore (“City”), a municipal corporation, and TJKM (“Consultant”), a California Corporation.

RECITALS

On June 19, 2024, City and Consultant entered into an agreement for Consultant to provide professional on-call Traffic Engineering services to City (“Original Agreement”). Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

On July 7, 2025, City and Contractor entered the First Amendment to increase total compensation from $100,000 to $200,000, and extend the termination date from June 30, 2027 to June 30, 2030. This was the first amendment to the Original Agreement.

City and Consultant desire to amend the Original Agreement to increase the scope of services and compensation from $200,000 to $700,000, and extend the ter m from June 30, 2030 to June 30, 2031 . This is the second amendment to the Original Agreement.

AGREEMENT

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

1. The Original Agreement is amended as follows:

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

The total compensation payable by the City to Consultant for the Services SHALL NOT EXCEED the sum of $7 00,000 (“not -to-exceed amount”) .

City shall compensate Consultant for the Services rendered at the hourly rates, task amounts or travel expenses set forth in Exhibit “A -1” up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any -and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.

B. Section 6 of the Original Agreement is amended to read as follows:

Docusign Envelope ID: 95A90DB6-72C4-87B9-8329-8418ABE0B7AA

EXHIBIT A
41 Amendment - Professional Services Agreement Page 2 Rev. 09/19/23
Term. The term of this Agreement commences on the Effective Date and terminates upon the completion of the Services or June 30, 2031 , whichever occurs first.

2. These amendments are prospective and only apply to the S ervices rendered by Consultant after the execution of this Amendment. Unless otherwise stated herein, this Amendment does not relieve the parties of the terms and conditions of the Original Agreement as written and in effect at the time the Services were rendered.

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

Docusign Envelope ID: 95A90DB6-72C4-87B9-8329-8418ABE0B7AA

EXHIBIT A
42 Amendment - Professional Services Agreement Page 3 Rev. 09/19/23

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

CONSULTANT: Dated:

____________________________ ___________________________ Ruta Jariwala
Principal

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ Marianna Burch
City Manager

APPROVED AS TO FORM:

___________________________
Deputy/Assistant/Senior Assistant/City Attorney

APPROVED AS TO INSURANCE:

Risk Manager/Analyst

Attachments:

Exhibit A-1 – Scope of Work

Docusign Envelope ID: 95A90DB6-72C4-87B9-8329-8418ABE0B7AA 6/18/2026 | 2:38 PM PDT

EXHIBIT A
43 EXHIBIT A-1

SCOPE OF WORK

On-call Traffic Engineering Services: The Consultant shall be a licensed Traffic Engineer with proven high-level familiarity with Livermore’s traffic circulation patterns.

The Consultant shall be highly proficient in performing tasks that include, but not limited to:
• Reviewing development projects as it relates to transportation matters including Traffic Impact Analysis reports.
• Preparing plans specifications and estimates for transportation related projects. • Conducting various traffic studies and analyses including but not limited to speed surveys, volume counts, origins destination studies, parking surveys, accident analysis, lighting evaluations.
• Reviewing traffic control plans, signing and striping, and traffic signal plans making certain they conform with the latest Manual on Uniform Traffic Control Devices (MUTCD), Caltrans Standard Details, and Highway Design Manual. • Reviewing traffic pattern and driving behavior within the City, identifying potential problems and making recommendations.
• Helping the City prepare various transportation planning documents and traffic engineering documents
• Helping the City apply for regional, state, and federal grants Docusign Envelope ID: 95A90DB6-72C4-87B9-8329-8418ABE0B7AA

EXHIBIT A
44 CITY COUNCIL STAFF REPORT
ITEM NO. 6.6

DATE:

July 13, 2026
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing the execution of a second amendment to the professional services agreement with RRM Design Group for on-call landscape design and field support services, increasing the not-to-exceed contract amount from $200,000 to $400,000.

RECOMMENDED ACTION

SUMMARY
RRM Design Group has been providing on-call landscape design and field support services for various capital improvement and public works projects for the City of Livermore (City). This second amendment to the agreement will allow RRM Design Group to continue providing design support, design review, and construction field support for various capital improvement and public works projects such as the Springtown Open Space Improvements Project No. PB202319, Veterans Park Project No. DR202121, the Edible Garden at the Civic Center Library, and lawn conversion projects.

The Second Amendment increases the not-to-exceed on-call contract amount from $200,000 to $400,000.

DISCUSSION
On April 11, 2023, the City and RRM Design Group entered into an agreement in the amount of $60,000 to provide on-call landscape design and field support services for various capital improvement and public works projects. On July 7, 2025, the first amendment was executed, which increased the not-to-exceed amount to $200,000 and extended the term of the agreement to December 31, 2028.

RRM Design Group has provided on-call landscape design and field support services for various capital improvement and public works projects. Currently, they are working on the Springtown Open Space 45 Improvements Project No. PB202319, Veterans Park Project No. DR202121, the Edible Garden at the Civic Center Library, and lawn conversion projects. These projects are in various phases of design and construction.

RRM Design Group has provided continuous on-call landscape design and field support services to the City since 2023 and has developed institutional knowledge of the City’s standards and project-specific parameters. Continuity of RRM Design Group’s support will provide timely project delivery, maintain consistency in design assumptions, and avoid delays or increased costs that could result from transitioning work to a new consultant. Extending the agreement through a second amendment will allow RRM Design Group to continue providing efficient and responsive design services, support City staff during the remaining design and construction phases and ensure successful implementation of the City’s capital improvement and public works projects.

FISCAL AND ADMINISTRATIVE IMPACTS
The second amendment increases compensation by $200,000 for a total not-to-exceed amount of $400,000. Funding for this amendment will be covered in the approved budgets for various projects in the Capital Improvement Plan and in the Public Works Operating Budget. No additional appropriations are required.

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

ATTACHMENTS

1. Resolution

2. Exhibit A - Second Amendment to RRM On-Call Original Agreement

Prepared by: Leo
Sum
Assistant Civil Engineer

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A SECOND

AMENDMENT TO THE AGREEMENT WITH RRM DESIGN GROUP FOR

ON-CALL LANDSCAPE DESIGN AND FIELD SUPPORT SERVICES,
INCREASING THE NOT-TO-EXCEED AMOUNT FROM $200,000 to
$400,000

On April 11, 202 3, the City of Livermore (“City”) entered into a Professional Services Agreement with RRM Design Group (“Consultant”) to provide on -call landscape design and field support services in the amount of $ 60,000 with a term ending March 31, 2025 (“Original Agreement”).

On J uly 7, 202 5, the City and Consultant executed a First Amendment to the Original Agreement to increase the not -to-exceed amount from $60,000 to $200,000, and extend the term from March 31, 2025 to December 31, 2028.

Staff recommends the Original Agreement be further amended to increase the not-to-exceed amount from $200,000 to $400,000 to continue to provide design support, design review, and construction field support services to support City staff implementation of capital improvement and public works projects.

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

1. Authorizes the City Manager to execute a second amendment to the Original Agreement with RRM Design Group, attached hereto a s Exhibit A, for additional on-call landscape design and field support services, increasing the not-to-exceed amount from $200,000 to $400,000.

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

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

AYES:

NOES:

ABSENT:

ABSTAIN:

47 2 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Kimberly Cilley
Helena Graves Kimberly Cilley
Acting Assistant City Clerk City Attorney

Exhibit A – Second Amendment to RRM On-Call Agreement

48 Amendment - Professional Services Agreement Page 1 Rev. 09/19/23

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

THIS SECOND AMENDMENT is made and entered into this ____ day of ________, 2026, by and between the City of Livermore (“City”), a municipal corporation, and RRM Design Group (“Consultant”), a California Corporation.

RECITALS

On April 11, 2023, City and Consultant entered into an agreement for Consultant to provide professional on-call landscape design and field support services to City (“Original Agreement”). Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

On July 7, 2025, the City Manager executed a first amendment to the Original Agreement by increasing the Consultant’s compensation by $140,000 and extending the term of the Agreement to December 31, 2028 (“First Amendment”).

City and Consultant desire to amend the Original Agreement to provide additional on-call landscape design and field support services as specified in the Original Agreement by increasing the Consultant’s compensation by $200,000. This is the second amendment (“Second Amendment”) to the Original Agreement.

AGREEMENT

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

1. The Original Agreement is amended as follows:

A. Section 5 of the Original Agreement is amended to read as follows:

Compensation and Payment

(a) The total compensation payable by the City to Consultant for the Services SHALL NOT EXCEED the sum of $400,000.
a. The compensation payable by the City to Consultant for the Services required by Exhibit “A” to the Original Agreement SHALL NOT EXCEED $60,000.
b. The compensation payable by the City to Consultant for the Services required by Exhibit “A-1” to the First Amendment SHALL NOT EXCEED $140,000.
c. The compensation payable by the City to Consultant for the Services required by Exhibit “A -2” to the Second Amendment SHALL NOT EXCEED $200,000.

City shall compensate Consultant for the Services rendered at the hourly Docusign Envelope ID: A62CB3D7-2F69-8C56-824B-4F962200D456

EXHIBIT A
49 Amendment - Professional Services Agreement Page 2 Rev. 09/19/23
rates, task amounts or travel expenses set forth in Exhibit “A” to the Original Agreement and Exhibit “A -1” to the First Amendment and Exhibit “A-2” to the Second Amendment up to the not -to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any -and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.

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

Docusign Envelope ID: A62CB3D7-2F69-8C56-824B-4F962200D456

EXHIBIT A
50 Amendment - Professional Services Agreement Page 3 Rev. 09/19/23

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

CONSULTANT: Dated:

____________________________ ___________________________ Gina Chavez
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

Attachments:

Exhibit A-2 Revised Fee Schedule

Docusign Envelope ID: A62CB3D7-2F69-8C56-824B-4F962200D456 6/23/2026 | 9:53 AM PDT

EXHIBIT A
51 Exhibit A-1 Schedule 1
Bill Rate Ranges
Subject to change effective March 1st each year
86$ - 117 $ Designer I - Int 84 $ - 115 $ 93$ - 137 $ Designer II - Int 90$ - 137 $ 111$ - 176 $ Associate Interior Designer 97$ - 144 $ 111$ - 176 $ Interior Designer 108$ - 172 $ 117$ - 179 $ Project Interior Designer 128$ - 194 $ 130$ - 203 $ Senior Interior Designer 143$ - 242 $ 138$ - 218 $
130$ - 203 $
155$ - 263 $ Assistant Designer 87$ - 123 $ 158$ - 256 $ Associate Designer 96$ - 140 $ 162$ - 270 $ Designer - Land 108$ - 187 $ 171$ - 277 $ Landscape Architect 111$ - 179 $ 168$ - 259 $ Senior Landscape Architect 135$ - 219 $ 183$ - 308 $ Principal Landscape Architect 159$ - 257 $ 189$ - 308 $ Design Director of Landscape Architecture 162$ - 259 $ 201$ - 330 $ Manager of Landscape Architecture 168$ - 263 $ 60$ - 91 $ Intern Landscape Architecture 60 $ - 91 $ 225$ - 382 $ Principal 225$ - 382 $
Managing Partner 249$ - 445 $ Managing Partner 249$ - 445 $ Assistant Planner 99$ - 142 $
107$ - 201 $ Associate Planner 117$ - 187 $ 75$ - 119 $ Urban Designer 117$ - 187 $ 92$ - 144 $ Senior Planner 149$ - 228 $ 141$ - 200 $ Senior Urban Designer 149$ - 228 $ 156$ - 254 $ Supervisor of Planning & Urban Design 161$ - 244 $ 110$ - 158 $ Principal Planner 182$ - 277 $ 123$ - 177 $ Manager of Planning & Urban Design 195$ - 291 $ 136$ - 195 $ Principal Park Planner 182$ - 277 $ 153$ - 224 $ Principal 225$ - 382 $
174$ - 276 $ Managing Partner 249$ - 445 $ 188$ - 291 $
209$ - 332 $
60$ - 91 $ Administrative Assistant 69$ - 108 $ 225$ - 382 $ Administrative Coordinator 83$ - 144 $ 249$ - 445 $ Office Manager 119$ - 179 $ CEO 311$ - 556 $
75$ - 126 $ File Clerk/Administrative Support 62$ - 90 $ 92$ - 147 $ Marketing Assistant (Intern) 60$ - 95 $ 109$ - 158 $ Marketing Coordinator 77$ - 130 $ 128$ - 208 $ Marketing Manager 141$ - 263 $ 105$ - 154 $ Marketing Specialist 104$ - 172 $ 123$ - 192 $ Office Coordinator 83$ - 144 $ 147$ - 216 $ Business Development & Pursuits Supervisor 126$ - 215 $ 164$ - 269 $ Receptionist 62$ - 94 $ 175$ - 277 $ Senior Marketing Specialist 119$ - 208 $ 199$ - 318 $
60$ - 91 $
225$ - 382 $
249$ - 445 $
82$ - 125 $
95$ - 144 $
110$ - 170 $
120$ - 177 $
142$ - 228 $
126$ - 184 $
144$ - 214 $
171$ - 254 $
180$ - 261 $
189$ - 291 $
185$
250$
330$
285$
350$
Three person Crew Prevailing Wage 450$
Landscape Architecture
Interior Design
Planning
Corporate Services
Two Person Crew
Three Person Crew

PREVAILING WAGE
One Person w/ GPS or Robotic Workstation
Two person Crew Prevailing Wage
Senior Land Surveyor
Supervisor of Surveying
Manager of Surveying

REGULAR
One Person w/ GPS or Robotic Workstation
Surveying (Crew Rates)
Survey Technician II
Survey Technician III
Party Chief
Senior Party Chief
Assistant Land Surveyor
Land Surveyor
Manager of Engineering Services - Structural
Intern, Structural Engineering
Principal
Managing Partner
Survey Technician I
Surveying
Senior Drafter
Engineer I - Structural
Engineer II - Structural
Project Engineer - Structural
Senior Project Engineer - Structural
Project Manager - Structural
Principal
Managing Partner
Production Drafter I
Production Drafter II
Production Drafter III
Structural Engineering
Engineer III - Civil
Project Engineer - Civil
Senior Project Engineer - Civil
Project Manager - Civil
Manager of Engineering Services - Civil
Intern, Civil Engineering
Designer I - Civil
Designer II - Civil
Associate Engineer
Senior Associate Engineer
Engineer I - Civil
Engineer II - Civil
Intern Architecture
Principal
Construction Inspector
Civil Engineering
Engineering
Senior
Architect
Senior Project Manager
Associate Manager
Design Director
Manager of Architecture
Director of Architecture
Architect
Project Designer
Project Manager - Arch
Project Architect
Quality Control Manager
Senior Designer
Designer I - Arch
Designer II - Arch
Designer III - Arch
Job Captain
Architecture
Rev 3/1/2026
Exhibit A-2
Docusign Envelope ID: A62CB3D7-2F69-8C56-824B-4F962200D456

EXHIBIT A
52 CITY COUNCIL STAFF REPORT
ITEM NO. 6.7

DATE:

July 13, 2026
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing execution of agreements with BSK Associates, in an amount not- to-exceed $1,000,000, Twining, Inc., in an amount not-to-exceed $800,000, and with Consolidated Engineering Laboratories, in an amount not-to-exceed $600,000 to provide on-call professional geotechnical engineering, materials testing, special inspections, and construction inspection and administration services with terms ending December 31, 2031.

RECOMMENDED ACTION

SUMMARY
The City of Livermore (City) requires consultants to perform on-call professional geotechnical engineering, materials testing, special inspections, and construction inspection and administration services for Capital Improvement Projects and Development Projects during construction. The proposed professional services agreements will provide on-call construction testing and special inspection services through December 31, 2031, to support the Engineering-Construction staff with multiple Capital Improvement Projects going into construction during this period. The contracts for each consultant have total not-to-exceed amounts as follows:

BSK Associates (BSK) - Livermore, CA ($1,000,000)
Twining, Inc. - Concord, CA ($800,000)
Consolidated Engineering Laboratories (CEL) - San Ramon, CA ($600,000)

DISCUSSION
The City requires consultants to perform on-call professional geotechnical engineering, materials testing, special inspections, and construction inspection and administration services for Capital Improvement 53 Projects and Development Projects during construction. These services include, but are not limited to, sampling and testing concrete for compression strength, compaction testing of backfill material and asphalt concrete pavement, special inspections of structural reinforcement, geotechnical evaluation of subgrade conditions, supplemental field inspections, and construction administration support. Listed below are a few of the future projects that will require these services:

BL202213 - 241 North M Street Demolition
DR202118 - Livermore Village Remediation
SM202204 - Slurry Seal 2024
WW202322 - WRP Occupied Building Repairs
TC202133 - Stanley Boulevard @ Isabel Avenue Connector Ramp Crossing SM202001 - Street Resurfacing (Airway Boulevard/First Street) SM202501 - Street Resurfacing
TB201955 - Arroyo Road Trail (T-13, Segment B)
TB200714 - South Livermore Valley Trail T-10 Extension
TB202222 - East Avenue Corridor ATP Implementation
TC202020 - Traffic Signal Modification
PS202215 - Fire Station 6 Building Improvements
PS202316 - Police Building Renovations
SM202402 - Sidewalk Repair 2024
TC202529 - Transportation Safety Projects

The Engineering Construction staff consists of only five City Inspectors. In anticipation of more than 28 Capital Improvement Projects scheduled to enter construction in 2026 and 2027, many of which will overlap and collectively extend construction activity through 2028, City staff issued a Request for Qualifications (RFQ) for firms interested in providing On-Call Construction Testing and Inspection to support current City staff. The selection committee reviewed Statements of Qualifications (SOQs) from eight consultants and invited four of them to participate in the interview and laboratory tour process.

Statements of Qualifications were received from the following eight firms:

CONSULTANT NAME
CITY
Ninyo & Moore
Alameda, CA
Earth Systems
Fremont, CA
Certerra
Concord, CA
Achievement Engineering Corp.

San Jose, CA
Terracon
Concord, CA
BSK Associates
Livermore, CA
Twining, Inc.

Concord, CA
Consolidated Engineering Laboratories (CEL)
San Ramon, CA

We are proceeding with the following top-rated consultants to deliver the requested construction services on an on-call basis:

54 CONSULTANT NAME

SERVICES
BSK Associates
Professional geotechnical engineering, materials
testing, special inspections, and construction
inspection & administration services
Twining, Inc.

Professional geotechnical engineering, materials
testing, special inspections, and construction
inspection & administration services
Consolidated Engineering Laboratories (CEL)
Professional geotechnical engineering, materials
testing, special inspections, and construction
inspection & administration services

Both BSK and CEL have previously supported the City on multiple Capital Improvement Projects, performing the same types of construction services requested under this contract. Twining, Inc., likewise, brings extensive experience, holding long standing contracts with several California municipalities for similar services. Selecting three firms provides the City's Construction Team with the flexibility and depth needed to match firm capabilities to project and inspector needs, while also ensuring availability of services throughout the span of the upcoming construction workload.

FISCAL AND ADMINISTRATIVE IMPACTS:

The on-call agreements will commence upon approval by the City Council and terminate December 31, 2031. The contracts for each of the on-call consultants have total not-to-exceed amounts as follows:

BSK Associates - $1,000,000
Twining, Inc. - $800,000
Consolidated Engineering Laboratories - $600,000

Contracts for specific capital projects will be executed at the time the capital project is initiated and in accordance with the approved budget. The services rendered under these agreements will be charged to the various capital improvement projects, developer fees for various development projects for which consultant services are required, and the Engineering and Water Resource Division’s operating budgets for miscellaneous consultant services. The City Engineer will approve work related to these contracts only within the overall adopted budget amounts.

COMMUNITY PILLAR

5. A City That Works

GOAL

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

ATTACHMENTS

1. Resolution

2. Exhibit A - BSK Associates Agreement

3. Exhibit B - Twining Inc. Agreement

4. Exhibit C - Consolidated Engineering Laboratories Agreement 55 Prepared by: Dennis Aberion
Construction Inspection Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS

WITH BSK ASSOCIATES, IN AN AMOUNT NOT-TO-EXCEED
$1,000,000, TWINING, INC., IN AN AMOUNT NOT-TO-EXCEED
$800,000, AND WITH CONSOLIDATED ENGINEERING
LABORATORIES, IN AN AMOUNT NOT-TO-EXCEED $600,000 TO

PROVIDE ON-CALL PROFESSIONAL GEOTECHNICAL

ENGINEERING, MATERIALS TESTING, SPECIAL INSPECTIONS, AND

CONSTRUCTION INSPECTION AND ADMINISTRATION SERVICES
WITH TERMS ENDING DECEMBER 31, 2031

The City of Livermore (“City”) requires consultants to perform on-call professional geotechnical engineering, materials testing, special inspections, and construction inspection and administration services for Capital Improvement Projects and Development Projects during construction. These services include sampling and testing concrete for compression strength, compaction testing of backfill material and asphalt concrete pavement, special inspections of structural reinforcement, geotechnical evaluation of subgrade condi tions, supplemental field inspections, and construction administration support.

City staff issued a Request for Qualifications for firms interested in providing On - Call Construction Testing and Inspection to support current City staff. The selection committee reviewed Statements of Qualifications from eight consultants and invited four of them to participate in the interview and laboratory tour process. The three top-rated consultants were selected to deliver the requested construction servi ces on an on -call basis.

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

1. Authorizes the City Manager to execute a professional services agreement with BSK Associates , attached hereto as Exhibit A, in an amount not -to- exceed $1,000,000 to provide on -call professional geotechnical engineering, materials testing, special inspections, and construction inspection and administration services.

2. Authorizes the City Manager to execute a professional services agreemen t with Twining, Inc., attached hereto as Exhibit B, in an amount not -to-exceed $800,000 to provide on -call professional geotechnical engineering, materials testing, special inspections, and construction inspection and administration services.

3. Authorizes the City Manage r to execute a professional services agreement with Consolidated Engineering Laboratories, attached hereto as Exhibit C, in 57 2 RESOLUTION NO. ________
an amount not -to-exceed $ 600,000 to provide on-call professional geotechnical engineering, materials testing, special inspections, a nd construction inspection and administration services

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

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Kimberly Cilley
Helena Graves Kimberly Cilley
Acting City Clerk City Attorney

Exhibit A – BSK Associates Agreement
Exhibit B – Twining, Inc. Agreement
Exhibit C – Consolidated Engineering Laboratories Agreement

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25-1089

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 BSK Associates (“Consultant”), a(n) California Other.

RECITALS
City requires professional on- call geotechnical engineering, materials testing, special inspections, and construction inspection and administration services.

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

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

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

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

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

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

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EXHIBIT A
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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 wh atsoever against City, and shall have no authority, express or implied, to bind City to any obligation whatsoever.

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

4. Consultant’s Responsibilities. Consultant, at its own cost and expense, shall:
(a) Coordinate the Services with Dennis Aberion (“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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EXHIBIT A
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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 th ose same sources for payment by check. The authority granted by those forms will remain in force and effect until the City receives written notification of changes, which changes shall not take effect for at least ten business days to afford City a reasonable opportunity to act; (h) Provide City with a complete Request for Taxpayer Identification Number and Certification Form W-9 using the form most recently issued by the Internal Revenue Service;
(i) Comply with all applicable state and federal laws , as well as Alameda County and City of Liv ermore ordinances, regulations, and adopted codes, when providing the Services;
(j) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested, and if requested by the Project Manager, Consultant shall certify the correctness of any invoice or invoices for Services provided. Consultant shall not submit an invoice to City more frequently than once a calendar month;
(k) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least three years from the date of City’s final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment. Consultant shall make the 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: 99BF0C1E-30B0-8DA0-818F-E6ADF6B1054D

EXHIBIT A
61

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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 07/13/2026, 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. U pon receipt of a termination notice, Consultant shall immediately stop all work in progress on the Services except where necessary to preserve the benefit of the work, and Consultant shall then assemble the work on the Services for delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with and subject to Section 7.

7. Compensation and Payment.
(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $1,000,000.00 ("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. A s provided this Agreement, the hourly rates, task amounts and reimbursement for specified travel expenses and costs in the Fee Schedule are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any -and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services, including all taxes Consultant is required to pay. (d) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.

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EXHIBIT A
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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 disc losed by Consultant to City and Consultant obtains a license to such items for the benefit of City.

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

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

11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Consultant shall hold harmless, indemnify, and defend with counsel selected by or otherwise acceptable to City, City and its elected and appointed officials, officers, directors, employees, agents , and designated volunteers (collectively “Indemnified Parties”) from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively “Liability”) of every nature arising out of or in connection with Consultant’s performance of the S ervices, or in connection with Consultant’s failure to comply with any of its obligations contained in this Agreement , except for such Liability caused by the sole active negligence or willful misconduct of the Indemnified Parties . Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by City.
(a) 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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EXHIBIT A
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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 S ervices, nor do the actions constitute an assumption of Consultant’s responsibility or liability by City for any defect or error in the Services.

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

Docusign Envelope ID: 99BF0C1E-30B0-8DA0-818F-E6ADF6B1054D

EXHIBIT A
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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 Cons ultant’s financial interest s as determined by the City Attorney’s Office.

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

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

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

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

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

21. Business Entity Status. Consultant is responsible for filling all required documents and forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, as well as the California Business and Professions Code and any other state statute, to the extent such requirements apply to Consultant to provide the Services. By entering into this Agreement, Consultant represents that it is: authorized to do business in California; in good standing with the California Secretary of State; and, in good st anding 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.

Docusign Envelope ID: 99BF0C1E-30B0-8DA0-818F-E6ADF6B1054D

EXHIBIT A
65

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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 term s, which authorization is ratified and confirmed upon Consultant’s acceptance of the first compensation payment by City.

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

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

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

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

27. Construction of Language.
(a) The terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and any exhibit hereto, the language in the body of the Agreement controls.

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EXHIBIT A
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(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 archi val copy maintained by City can be used in place of the original for all purposes with the same effect as if it was the original.

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

TO CITY: Attention: Dennis Aberion

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

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

TO CONSULTANT: Attention: Carrie L. Rodriguez
BSK Associates
399 Lindbergh Avenue
Livermore, CA, 94551
United States
Email: [email protected]

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

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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.

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 effectiv e for all purposes.
**************************************************************************************************** Signatures and Exhibit List on the Next Page
Docusign Envelope ID: 99BF0C1E-30B0-8DA0-818F-E6ADF6B1054D

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In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed t his 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:

____________________________ ___________________________ Tim Rodriguez
Chief Operating Officer

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

Docusign Envelope ID: 99BF0C1E-30B0-8DA0-818F-E6ADF6B1054D 6/17/2026 | 11:21 AM PDT

EXHIBIT A
69 EXHIBIT “A”

SCOPE OF SERVICES

GEOTECHNICAL ENGINEERING & MATERIAL TESTING CONSULTING SERVICES, AND

CONSTRUCTION INSPECTION & ADMINISTRATION SERVICES ON AN ON-CALL BASIS

The Consultant shall provide the City with professional geotechnical engineering and material testing services, and construction inspection and administration services on public projects, private developments and miscellaneous encroachment permits within the public right of way to ensure compliance with the specifications where public improvements are being constructed, on an on-call basis for a period of five years.

At the request of the City, the Consultant may perform the following work:
• Quality assurance testing on trench backfill, roadway embankments, pavements, and subgrades being performed in accordance with City approved plans and specifications and/or issued encroachment permits, all as per City Standard Details and Specifications, Caltrans Standard Specifications and Test Methods or as otherwise specified.

• Geotechnical investigative work, in relation to City streets and City structures. Federal Highway Projects will be required to meet the attached (Attachment 2) City’s Quality Assurance Program for Federal Highway Projects. Some investigative work requested may be in relation to aspects of concern where proposed City Buildings and related facilities may be constructed (such as, determinations of physical characteristics of soils at sites, including those parameters relating to particular design considerations). The Consultant may be asked to prepare soils reports for various City infrastructure projects or perform environmental site assessments for various properties.

• Investigative work to determine remediation and alternative plans primarily where field conditions don’t match original design parameters or the construction detail is precluded by field conditions or specification compliance may be unachievable or where designs may have been found to be inadequate during or after construction.

• Special inspections as required by Chapter 17 of the 2025 Edition of the California Building Code, including welding, post tension, concrete, reinforcement steel. Special Inspectors must be recognized by the Special Inspection Joint Review Committee. See attached “Building Department handout” for additional information relating to Special Inspection.

• Environmental site assessments and reconnaissance, including but not limited to asbestos, PCB, and lead abatement. Development of environmental abatement specifications. Ability to monitor friable asbestos and other hazardous materials during demolition, and provide inspection reports

• Coatings inspection and testing at City facilities including the Water Reclamation Plant.

• Hazardous material testing and/or survey for the classification of excavation and off-haul material and soils for various sites.

Docusign Envelope ID: 99BF0C1E-30B0-8DA0-818F-E6ADF6B1054D

EXHIBIT A
70 • SWPPP inspections and reporting. Develop SWPPP plans for construction projects and site monitoring.

• Quality assurance testing for paving and grading, and structures.

• Materials sampling & testing including but not limited to concrete, structural steel, fire proofing, post tension, asphalt concrete, aggregates, soils, coating & paints.

• Soils reports & investigations to determine soil structural characteristics, porosity, and stability. Develop geotechnical corrective recommendations when field conditions vary from the soil reports.

• Environmental testing of soils, groundwater, and gases as necessary for the development of soils management plans.

• Provide full-time construction inspection and contract administration for public works projects, private developments, and encroachment permits.

Responsibilities may include, but not limited to:

o Provide full-time inspection services necessary to monitor and inspect the methods, workmanship and materials used by the contractor to assure compliance with the City’s contract documents and any environmental permits. o Prepare daily inspection reports and collect photos documenting the contractor’s daily activities.
o Provide general monitoring and documentation of the contractor’s compliance with health and safety on the project. Note: the contractor is responsible for ensuring the safety of their crews, all subcontractors, general site safety, and the public.
o Routinely monitoring all contractor traffic control is implemented per approved traffic control plans and inspect detour and construction signing to ensure public safety.
o Measure and track project quantities.
o Track T&M work.
o Attend pre-construction and/or weekly construction meetings. o Inspecting BMPs and ensuring SWPPP compliance.
o Performing routine contract administration duties.
o Conducting occasional public outreach.

Docusign Envelope ID: 99BF0C1E-30B0-8DA0-818F-E6ADF6B1054D

EXHIBIT A
71 Docusign Envelope ID: 99BF0C1E-30B0-8DA0-818F-E6ADF6B1054D

EXHIBIT A
72 Docusign Envelope ID: 99BF0C1E-30B0-8DA0-818F-E6ADF6B1054D

EXHIBIT A
73 Docusign Envelope ID: 99BF0C1E-30B0-8DA0-818F-E6ADF6B1054D

EXHIBIT A
74 Docusign Envelope ID: 99BF0C1E-30B0-8DA0-818F-E6ADF6B1054D

EXHIBIT A
75 Docusign Envelope ID: 99BF0C1E-30B0-8DA0-818F-E6ADF6B1054D

EXHIBIT A
76 BSK Associates - Schedule of Fees - July 1, 2026 to June 30, 2027 - EXHIBIT - B

PERSONNEL RATES
Escalation: The prices noted below are subject ta an increase of 5% annually, effective July 1 of each year fallowing the initiation of a services agreement.

PROFESSIONAL STAFF
Principal $ 314.00 Seismic GIS
Senior Professional/ Senior Associate $ 276.00 GIS Specialist Project Professional II/ Associate II $ 259.00 Information Specialist II Project Professional I/ Associate I $ 221.00 Information Specialist I Staff Professional Ill $ 193.00 CAD
Staff Professional II $ 171.00 Litigation support
Staff Professional I $ 155.00 Deposition / Trial
Project Administrator/ Project Controls Specialist $ 122.00 Administrative Assistant/ Dispatcher $ 110.00
TECHNICAL STAFF - FIELD AND LABORATORY (NON-PREVAILING WAGE} Non-Destructive Inspection/Testing
Special Inspector
Engineering Technician
Technician
Ground Penetrating Radar Scanning Technician
Core Drilling Technician
Floor Flatness Testing Technician
Sample Pickup/ Transportation/ Delivery
Laboratory Technician
Group 1 - Special inspector
Group 2 - Special Inspector
Group 3 - Engineering Technician
Group 3 - Geotechnical Professional
Group 3 - Environmental Professional
Group 4 - Technician
Per Diem (as required)
Subconsultant Services
BSK Fee Schedule 2025-2
$
$
$
$
$
$
$
$
$
201.00
174.00
166.00
160.00
400.00
311.00
267.00
152.00
148.00

BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES
Field Work from Oto 4 hours
Field Work from 4 to 8 hours
Field Work over 8 hours/ Saturdays
Sundays, holidays and over 12 hours
Night Shift (Shift commencing after 2pm / before 4am)
Show-up time (no work performed)
Sampling or cylinder pickup, minimum charge

NORTHERN CA PREVAILING WAGE LABOR RATES
$
$
$
$
$
$
236.00
230.00
202.00
202.00
248.00
179.00

REIMBURSABLES
Quote/ $250 min.

Cost+ 15%

Page 1 of 3 ends

$ 243.00
$ 210.00
$ 198.00
$ 176.00
$ 132.00

1.Sx standard rate

2.0x standard rate
Bill 4 hours
Bill 8 hours
Bill time and a half
Bill double time
Base Rate x 12.5%
Bill 2 hours
Bill 2 hours
Bill 4 hours
Bill 8 hours
Bill time and a half
Bill double time
Base Rate x 12.5%
Bill 2 hours
Bill 1 hour
B=K

ASSOCIATES
Docusign Envelope ID: 99BF0C1E-30B0-8DA0-818F-E6ADF6B1054D EXHIBIT A 77
BSK Associates - Schedule of Fees - July 1, 2026 to June 30, 2027 - EXHIBIT - B

SOFTWARE AND EQUIPMENT
Escalation: The prices noted below are subject ta an increase of 5% annually, effective July 1 of each year fallowing the initiation of a services agreement.

ANALYSIS SOFTWARE USAGE FEES
glNT (software) $ 71.00 Slide (software) $ 140.00
LPile (software) $ 71.00 Settle3D (software) $ 140.00
APile (software) $ 71.00 Cpet-lT (software) $ 71.00
SHAFT (software) $ 71.00 LiqSVs (software) $ 71.00
GROUP (software) $ 140.00 ArcGIS (software) $ 71.00
Cliq (software) $ 71.00 Surfer (software) $ 71.00
LiquefyPro (software) $ 71.00 Seep/W (software) $ 140.00 liq IT (software) $ 71.00

EQUIPMENT
10' PVC Blank - 2"(Each) $ 29.00
Skidmore Wilhelm Calibrator (Day) $ 78.00 10' PVC Blank - 4: (Each) $ 68.00 NOT Weld Testing Equipment - UT/MT/PT (Day) $ 78.00 10' PVC Screen - 2" (Each) $ 46.00 Proof Load Testing Equipment (Day) $ 78.00 10' PVC Screen - 4" (Each) $ 92.00 Torque Wrench (Day) $ 78.00 5' PVC Blank - 2" (Each) $ 20.00 GPR Scanning Equipment (Day) $ 358.00 5' PVC Blank - 4" (Each) $ 59.00 Rebar Locator/Pachometer (Day) $ 141.00 5' PVC Screen - 2" (Each) $ 29.00 Coring Equipment (day) $ 265.00 5' PVC Screen - 4" (Each) $ 76.00 Relative Humidity Meter (Day) $ 78.00 55 Gallon Drum (Each) $ 138.00 Moisture Emission Test Kit (Each) $ 53.00 6 "x 5' Steel Monument Cover (Each) $ 326.00 Wood Moisture Meter (Day) $ 78.00 Air Indicators (Each) $ 59.00 Air Meter (Concrete) $ 78.00 Combustible Gas Indicator (Day) $ 87.00 Laptop (Day) $ 83.00 Disposable Bailer (Each) $ 16.00
Document Scanner (Day) $ 36.00 HydroPunch Tip (Each) $ 27.00 Vehicle/Truck Charge (Day) $ 151.00 Lantec GEM 500 (Day) $ 285.00 Hand Auger (Day - Environmental) $ 175.00
Hand Auger (Day - Geotechnical) $ 300.00 Locking Cap - 2" (Each) $ 27.00 Seismograph (Day) $ 350.00 Locking Cap - 4" (Each) $ 56.00 Hand-held GPS (Day) $ 107.00 Silicone Tubing (Foot) $ 9.00 Slope Inclinometer Probe (Each) $ 551.00 Tedlar Vapor Bags (Each) $ 34.00 Double Ring lnfiltrometer (Day) $ 600.00 Bottom Cap (Each) $ 12.00 Drilling Kit - Paint/Stakes/Lath (Each) $ 38.00 Disposable Purge Pump Tubing (Foot) $ 2.00 Drilling Supplies (Tubes / Caps) $ 450.00 Bison Resistivity Meter (Day) $ 224.00 Sample Sleeve w/ Caps/Teflon 6" (Each) $ 15.00 Chem Grout Pump (Day) $ 146.00 Manometer (Day) $ 272.00 DC Purge Pump (Day) $ 74.00
Generator $ 116.00 Development Pump and Controller (Day) $ 102.00 Power Auger $ 116.00 Dissolved Oxygen Meter (Day) $ 88.00 AC Cold Patch (Each) $ 21.00 Grundfos Converter (Day) $ 98.00 Bentonite Grout (Bag) $ 29.00 HydroPunch II (Each) $ 350.00 Bentonite Medium Chips (Bag) $ 27.00 Interface Meter (Each) $ 131.00 Bentonite Pellets (Bucket / Bag) $ 208.00 Kemmer Sampler (Day) $ 50.00 Bentonite Powder (Bag) $ 17.00 ORP Meter (Each) $ 93.00 Filter Sand (Bag) $ 16.00 Sample Pump (Day) $ 140.00
Portland Cement (Bag) $ 21.00 Scanning Equipment (Day) $ 141.00 Ready Mix (Bag) $ 20.00 Water Level Data Logger (Day) $ 108.00 Padlocks (Each) $ 29.00 Telescopic Wastewater Sampler (Day) $ 74.00 pH/EC/Temperature Meter (Day) $ 83.00 SVE System (Month) $ 1,544.00 PIO/OVA (Day) $ 166.00 Combustible Gas Meter (Day) $ 265.00 Steam Cleaner (Day) $ 153.00 Water Meter (Day) $ 71.00
Turbidity Kit (Day) $ 93.00 Flow Monitoring Equipment (Day) $ 428.00 Water Sample Filters (Each) $ 30.00 Liquid Proportional Sampling Equipment (Day) $ 435.00 Well Sounder (Day) $ 66.00 Gas Detector Pump (Each) $ 50.00 Well Vault Traffic Rated Box (Each) $ 153.00 Landfill Gas Chromatograph (Day) $ 287.00 Bollards (Each) $ 131.00 Support Truck (Day) $ 287.00
Air Compressor (Day) $ 78.00 Sound Level Meter (Each) $ 45.00 Continuous Core Sampler (Day) $ 358.00 Water Level Transducers (Each) $ 17.00 4" Disposable Bailers (Each) $ 27.00 Multiparameter Env Water Meter (Day) $ 195.00 BSK Fee Schedule 2025-2 Page Z of 3 B=K

ASSOCIATES
Docusign Envelope ID: 99BF0C1E-30B0-8DA0-818F-E6ADF6B1054D EXHIBIT A 78
BSK Associates - Schedule of Fees - July 1, 2026 to June 30, 2027 - EXHIBIT - B

MATERIALS LABORATORY TESTS
Escalation: The prices noted below are subject to an increase of 5% annually, effective July 1 of each year following the initiation of a services agreement.

Standard Rate Applies to Normal Testing Schedule. Rush Order Turnaround Time Charged at 1.5 x Standard Unit Rates.

SOILS & AGGREGATES
Modified or Standard Proctor - 4" or 6" Mold (ASTM / AASHTO) $ 353.00 % Crushed Particles / Fractured Particles (CT 205/AASHTO T335) Proctor with Oversize Material (ASTM / AASHTO) $ 441.00 % Flat & Elongated (ASTM D4791) Proctor Check Point (All Methods) $ 120.00 Minus 200 Wash/Aggregate (ASTM C117) Caltrans Maximum Wet Density (CT 216) $ 298.00 Sieve Analysis w/ Wash (ASTM C136 / CT 202 / AASHTO T27) Minus 200 Wash Soil (ASTM D1140) $ 116.00 Sieve Analysis - Coarse Only (ASTM C136 / CT 202 / AASHTO T27) Moisture Content of Soils (ASTM D2216) $ 49.00 Coarse Specific Gravity / Absorption (ASTM C127/CT 206/AASHTO TBS) Plasticity Index (ASTM D4318) $ 305.00 Fine Specific Gravity / Absorption (ASTM C128/CT 207/AASHTO T84) Expansion Index of Soils (ASTM D4829) $ 327.00 Sand Equivalent (ASTM D2419 / CT 217 / AASHTO Tl 76) Collapse Potential of Soils (ASTM D2435) $ 284.00 Durability Index (ASTM D3744 / CT 229 / AASHTO T210) Organic Impurities (ASTM C40 / CT 213) $ 116.00 Abrasion by LA Rattler, Large Size (ASTM C535) Tube Density & Moisture Content of Soil (ASTM D2216, D2937) $ 60.00 Abrasion by LA Rattler, Small Size (ASTM C131/CT 211/AASHTO T96) Visual Classification (ASTM D2488) $ 60.00 Cleanness Value of Aggregate (CT 227) Hydrometer (ASTM D422 / CT 203) $ 331.00 Aggregate Wt pct Compacted (ASTM C 29) Double Hydrometer (ASTM D4221) $ 435.00 Gradation-Rip Rap - Per Sieve (D5519-Method A) Fina Agg. Angularity / Uncompacted Voids (CT 234 / AASHTO T304) $ 154.00 Sodium Sulfate Soundness-Min. Charge (ASTM C88/CT 214/AASHTO T104) Sand Density Calibration (ASTM D1566) $ 243.00 Sodium Sulfate Soundness-Per Sieve (ASTM C88/CT 214/AASHTO T104) Minimum Resistivity of Soils (CT 643) $ 195.00 R-Value of Soils (CT 301) Consolidation (ASTM D2435) w/ 2 Time Rates $ 581.00 Soil Cement Compression - Set of 3 (ASTM D1633) Consolidation (ASTM D2435) w/ No Time Rates $ 386.00 CIR / FDR Compressive Strength Testing - Set Unconfined Compressive Strength, Soil (ASTM D2166) $ 154.00 CIR / FDR Sample Preparation / Compaction - Set Remolded Consolidation (ASTM D2435) $ 491.00 CBR (ASTM D1883/AASHTO T-180) Minimum Index Density Soils (ASTM D4254) $ 96.00 Preparation/Compacting of Soil Stabilization Samples (Lime/Cement) Set of 3 Direct Shear Remolded (ASTM D3080) $ 364.00 Soluble Sulfate Chloride & Sulfide Direct Shear (ASTM D3080) $ 305.00 pH Sulfate & Chloride Remolded Direct Shear (ASTM D3080) $ 364.00 % Lumps/Friable Particles (ASTM C142) Remolded Flexwall Perm (ASTM DS084) $ 776.00 % Organics in Soil (ASTM D2974)

HOT MIX ASPHALT
JMF Mix Design, Superpave / Caltrans $ 12,430.00 Bitumen Content - Ignition (ASTM D6307 / CT 382 / AASHTO T308) JMF Verification - HMA - Superpave / Caltrans / BMD $ 7,203.00 Oil Content Correction Factor (ASTM D6307 / CT 382 / AASHTO T308) JMF Production Startup - Superpave / Caltrans / BMD $ 6,701.00 Gradation from Extraction (ASTM D5444 / AASHTO T30) RAP Material Testing - Additional Fee $ 872.00 Bulk Specific Gravity - Each (CT308 / AASHTO T275 / ASTM D2726) Rubberized RHMA Material - Additional Fee $ 2,011.00 Max Specific Gravity - Rice Method (ASTM D2041 / CT 309 / AASHTO T209) JMF Mix Design, HVEEM $ 4,300.00 Volumetric Calculations (VMA, VFA, DP, AV, Eff. Cales) JMF Mix Design, Marshall $ 5,101.00 Moisture Content of Asphalt (CT 370 / AASHTO T329) Open Graded Asphalt Optimum Bitumen Content (CT 368) $ 3,070.00 Film Stripping Gyratory Compaction - Set of 3 (AASHTO T312) $ 464.00 Compaction/Preparation of HMA Briquette (CT 304) Hamburg Wheel Track (AASHTO T324 / CT 389) $ 2,756.00 Stabilometer Value - Set of 3 (CT 366) Tensile Strength Ratio (CT 371 / AASHTO T283) $ 1,521.00 Lab Mixed TSR - Moisture Induced Damage (AASHTO T283 / CT 371) Marshall Maximum Density - Set of 3 (ASTM D6926) $ 405.00 Calculated AC Maximum Density (CT 367) Marshall Stability & Flow - Set of 3 (ASTM D6927) $ 348.00 Thickness Determination of AC Cores Draindown Characteristics of HMA (ASTM D6390 / AASHTO T305) $ 350.00 Indirect Tensile Strength of Compacted HMA (ASTM D6931) Cracking Index Test (Ideal-CT) (ASTM D8225) $ 450.00 Ideal Rut Test (Ideal-RT / Ideal-HT) (ASTM D8360) Aggregate Correction Factor (ASTM D6307 / CT 382 / AASHTO T308

CONCRETE & MASONRY
Compression Test Concrete - Per Cylinder (ASTM C39) $ 39.00 Flexural Test per Beam (ASTM C78 / CT 523) Compression Test Concrete - Set of 4/5 (ASTM C39) $ 189.00 Linear Shrinkage - Set of 3 (ASTM C157) Compression Test of Core (ASTM C42) $ 84.00 Unit Weight Lt Wt Concrete Compressive Strength of Shotcrete Panel $ 441.00 Splitting Tensile Strength of Concrete (ASTM C496) Compression Test Composite CMU Prism (1) $ 229.00 Compressive Strength CMU Block (ASTM C140) Compression Test Grout (Set of 4) $ 167.00 Comp. Strength, SG, & Abs. of CMU - Per Block (ASTM C140) Compression Test Mortar (Set of 3) $ 152.00 Masonry Linear Shrinkage (ASTM C426) Compression Test Cellular Concrete / CLSM (Set of 5) $ 230.00 Masonry Core Shear Test (Title 24)

METALS & FIREPROOFING
Tensile & Bend of Rebar #3-11 $ 205.00 Brinell Hardness of Steel (ASTM El0) Slip and Tensile Rebar Couplers (CT 670) $ 298.00 Rockwell Hardness of Steel (ASTM E18) Bolt Proof & Ultimate Load - Each $ 125.00 Face Bend of Steel Coupon Bolt Hardness - Set of 3 $ 236.00 Root Bend of Weld Coupon Nut Proof Load - Set of 3 $ 236.00 Side Bend of Weld Coupon Nut Hardness - Set of 3 $ 236.00 Tensile Test of Steel Coupon Washer Hardness - Set of 3 $ 236.00 Bend Test of Steel Coupon Dry Density Fireproofing (ASTM EGOS) $ 131.00 Adhesion / Cohesion Fireproofing Materials $ 229.00
$ 175.00
$ 116.00
$ 237.00
$ 116.00
$ 221.00
$ 221.00
$ 175.00
$ 348.00
$ 397.00
$ 327.00
$ 250.00
$ 123.00
$ 313.00
$ 485.00
$ 154.00
$ 497.00
$ 331.00
$ 331.00
$ 303.00
$ 1,379.00
$ 520.00
$ 181.00
$ 91.00
$ 112.00
$ 190.00
$ 311.00
$ 723.00
$ 300.00
$ 88.00
$ 348.00
$ 74.00
$ 91.00
$ 123.00
$ 305.00
$ 386.00
$ 2,040.00
$ 138.00
$ 29.00
$ 350.00
$ 450.00
$ 650.00
$ 124.00
$ 551.00
$ 78.00
$ 166.00
$ 265.00
$ 305.00
$ 559.00
$ 260.00
$ 138.00
$ 138.00
$ 84.00
$ 84.00
$ 84.00
$ 116.00
$ 100.00
$ 175.00
BSK Fee Schedule 2025-2 Page 3 of 3 B=K

ASSOCIATES
Docusign Envelope ID: 99BF0C1E-30B0-8DA0-818F-E6ADF6B1054D EXHIBIT A 79
Revised 10/20/2020
B10 – 3M E&O

Page 1 ends

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:
$3,000,000 per occurrence/$6,000,000 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:
$3,000,000 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: 99BF0C1E-30B0-8DA0-818F-E6ADF6B1054D

EXHIBIT A
80 Revised 10/20/2020

B10 – 3M E&O

Page 2 ends

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: 99BF0C1E-30B0-8DA0-818F-E6ADF6B1054D

EXHIBIT A
81 CI

TY OF LIVERMORE

DETERMINATION OF CONFLICT OF INTEREST

REPORTING FOR CONSULTANTS
C
onsultant Name (include name of specific person doing work if known).

C
ontract/Project Title.

B
rief Description of work to be done, or final product, and how it will be used.

Is the Consultant making, participating in making,
or influencing a governmental decision?
Yes ____; No ____.

Is the Consultant performing work that could or
would be done by an employee identified in the
City of Livermore Conflict of Interest Code?
Yes ____; No ____.

If YES, please identify the title for the designated
employee:

C
ompleted by Department Head
Signature: _________________________________ Date: _____________________ C
ity Attorney Determination:

Disclosure: [_] None [_] Category 1 [__] Category 2 [_] Category 3 [_] Category 4 Name and address of each individual subject to reporting requirements:

C
omments:

A
ssistant/City Attorney
Signature: ____________________________ Date: _____________________

THIS FORM IS TO BE

COMPLETED BY CITY

STAFF ONLY
BSK Associates
Contract No. 25-1089
provide professional geotechnical engineering, materials testing, special inspections, & construction inspection services ✔
✔
Docusign Envelope ID: 99BF0C1E-30B0-8DA0-818F-E6ADF6B1054D 6/17/2026 | 1:24 PM PDT
6/18/2026 | 1:32 PM PDT
Carrie Rodriguez, see page 9 of agreement
Role similar to existing disclosure categories and making discretionary decisions foreseeably impacting public financial interests
X

EXHIBIT A
82

Page 1 ends

25-1090

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 Twining, Inc (“Consultant”), a(n) California Otherௗ

RECITALS
City requires professional on-call geotechnical engineering, materials testing, special inspections, and construction inspection and administration services.

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

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

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.

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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.

4. Consultant’s Responsibilities. Consultant, at its own cost and expense, shall:
(a) Coordinate the Services with Dennis Aberion (“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, mate rials, and equipment that may be necessary for Consultant’s personnel to provide the Services. City may furnish physical facilities such as desks, filing cabinets, and conference space that may be reasonably necessary for Consultant’s use for the Services, but in no event shall City be required to furnish any facilities that involve incurring a direct expense such as computer, software, long-distance telephone or other communication charges, vehicles, or document reproduction facilities;
(f) Obtain and keep in effect during the term of this Agreement all necessary licenses, permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services, including obtaining a business license from the City of Livermore, and keep them all in effect for the term of this Agreement;

Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8

EXHIBIT B
84

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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 accountspayable@livermo reca.gov 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. Consulta nt 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: 79217B77-F9A3-80B9-81C4-015E5886DAA8

EXHIBIT B
85

Page 4 ends

5. Term. The term of this Agreement commences on 07/13/2026, 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 ("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.

Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8

EXHIBIT B
86

Page 5 ends

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

9. Intellectual Property, C opyright, 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.

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 Cons ultant’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of the Indemnified Parties. Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by City.
(a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Consultant’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.

Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8

EXHIBIT B
87

Page 6 ends

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 th at 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, equipm ent, 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.

Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8

EXHIBIT B
88

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

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.

Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8

EXHIBIT B
89

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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.

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 classificati on when providing the Services. Consultant further agrees to comply with all provisions of Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in all programs or activities receiving federal financial assistance. Consultant further assures that it will take necessary actions to ensure compliance with these requirements in the performance of this Agreement.

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 ambiguit y in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and any exhibit hereto, the language in the body of the Agreement controls.

Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8

EXHIBIT B
90

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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.

TO CITY: Attention: Dennis Aberionௗ

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

Email: [email protected] [email protected]
[email protected]
ௗ
TO CONSULTANT: Attention: Linas Vitkus, PE, GE
Twining, Inc
5027 Commercial Circle Suite Gௗ
Concord, CA, 94520ௗ
United States
Email: [email protected]

Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8

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91

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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.

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
Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8

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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:

____________________________ ___________________________ Linas Vitkus, PE, GE
President and Chief Operating Officer

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ Marianna A. Burch
Cit
y 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

Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8 6/22/2026 | 1:23 PM PDT

EXHIBIT B
93 EXHIBIT “A”

SCOPE OF SERVICES

GEOTECHNICAL ENGINEERING & MATERIAL TESTING CONSULTING SERVICES, AND

CONSTRUCTION INSPECTION & ADMINISTRATION SERVICES ON AN ON-CALL BASIS

At the request of the City, the Consultant may perform the following work:
x Quality assurance testing on trench backfill, roadway embankments, pavements, and subgrades being performed in accordance with City approved plans and specifications and/or issued encroachment permits, all as per City Standard Details and Specifications, Caltrans Standard Specifications and Test Methods or as otherwise specified.

x Geotechnical investigative work, in relation to City streets and City structures. Federal Highway Projects will be required to meet the attached (Attachment 2) City’s Quality Assurance Program for Federal Highway Projects. Some investigative work requested may be in relation to aspects of concern where proposed City Buildings and related facilities may be constructed (such as, determinations of physical characteristics of soils at sites, including those parameters relating to particular design considerations). The Consultant may be asked to prepare soils reports for various City infrastructure projects or perform environmental site assessments for various properties.

x Investigative work to determine remediation and alternative plans primarily where field conditions don’t match original design parameters or the construction detail is precluded by field conditions or specification compliance may be unachievable or where designs may have been found to be inadequate during or after construction.

x Special inspections as required by Chapter 17 of the 2025 Edition of the California Building Code, including welding, post tension, concrete, reinforcement steel. Special Inspectors must be recognized by the Special Inspection Joint Review Committee. See attached “Building Department handout” for additional information relating to Special Inspection.

x Environmental site assessments and reco nnaissance, including but not limited to asbestos, PCB, and lead abatement. Development of environmental abatement specifications. Ability to monitor friable asbestos and other hazardous materials during demolition, and provide inspection reports

x Coatings inspection and testing at City faci lities including the Water Reclamation Plant.

x Hazardous material testing and/or survey for the classification of excavation and off-haul material and soils for various sites.

Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8

EXHIBIT B
94 x SWPPP inspections and reporting. Develop SWPPP plans for construction projects and site monitoring.

x Quality assurance testing for pavi ng and grading, and structures.

x Materials sampling & testing including but not limited to concrete, structural steel, fire proofing, post tension, asphalt concrete, aggregates, soils, coating & paints.

x Soils reports & investigations to determine soil structural characteristics, porosity, and stability. Develop geotechnical corrective recommendations when field conditions vary from the soil reports.

x Environmental testing of soils, ground water, and gases as necessary for the development of soils management plans.

x Provide full-time construction inspection and contract administration for public works projects, private developments, and encroachment permits.

Responsibilities may include, but not limited to:

o Provide full-time inspection services necessary to monitor and inspect the methods, workmanship and materials used by the contractor to assure compliance with the City’s contract documents and any environmental permits. o Prepare daily inspection reports and coll ect photos documenting the contractor’s daily activities.
o Provide general monitoring and documentation of the contractor’s compliance with health and safety on the project. Note: the contractor is responsible for ensuring the safety of their crews, all subcontractors, general site safety, and the public.
o Routinely monitoring all contractor traf fic control is implemented per approved traffic control plans and inspect detour and construction signing to ensure public safety.
o Measure and track project quantities.
o Track T&M work.
o Attend pre-construction and/or weekly construction meetings. o Inspecting BMPs and ensuring SWPPP compliance.
o Performing routine contra ct administration duties.
o Conducting occasion al public outreach.

Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8

EXHIBIT B
95 Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8

EXHIBIT B
96 Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8

EXHIBIT B
97 Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8

EXHIBIT B
98 Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8

EXHIBIT B
99 Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8

EXHIBIT B
100
Schedule Of Fees 2025-2026
NOTE: Rates will be adjusted by $5.00 per hour annually each July 1st to reflect increased costs.

Personnel Rates: Per Hour Unless Otherwise Noted
Equipment Usage (Daily Unless Otherwise Noted),
Engineering And Consulting Personnel Rate Continued Rate Senior Principal Advisor/Consultant 410.00 $ Air Meter 38.00 $ Principal Engineer/Geologist 295.00 $ Unit Weight Bucket 29.00 $ Metallurgical Engineer 410.00 $ Field Concrete Scale 38.00 $ Registered Geotechnical Engineer 230.00 $ 2" x 2" x 2" Mold 27.00 $ Technical Advisor 210.00 $ Nuclear Gauge (Per Hour) 14.00 $ Material Scientist, Welding/NDT Consultant 220.00 $ Sand Cone Density Test Equipment 62.00 $ Registered Geologist/Certified Engineering Geologist 220.00 $ Pull Test Equipment 77.00 $ Senior Engineer/Geologist 200.00 $ Concrete/Asphalt Coring Equipment 749.00 $ Registered Civil Engineer 210.00$ Floor Flatness (Dipstick) 66.00 $ Roofing/Waterproofing Consultant 280.00 $ Schmidt Hammer 50.00 $ Project Engineer/Manager 180.00 $ Vapor Emission Test Kits 60.00 $ Quality Control Manager 245.00 $ Relative Humidity Probe 94.00 $ Senior Staff Engineer/Geologist 175.00 $ UPV (Ultrasonic Pulse Velocity) Meter 437.00 $ Staff Engineer/Geologist 165.00 $ Fireproofing Adhesion/Cohesion (Per Test) 44.00 $ Quality Control Administrator 215.00 $ A Scan Ultrasonic Equipment And Consumables 104.00 $ Metallurgical Technician 175.00 $ Magnetic Particle Equipment And Consumables 55.00 $ CADD Operator/Draftsperson 170.00 $ Liquid Penetrant Consumables 50.00 $ Administrative Support 110.00 $ Phased Array Ultrasonic Equipment (Per Hour) 200.00 $ Field Supervisor 205.00 $ Ground Penetrating Radar 415.00 $ Safety Supervisor 205.00 $ Impact Echo 421.00 $
Laboratory Manager 190.00 $ Ultrasonic Tomography 546.00 $ Laboratory Technician 165.00 $ Inertial Profiler (Per Hour) Quotation Expert Witness Testimony 660.00 $ Borescope 328.00 $ Qualified SWPPP Developer 230.00 $ Infrared Camera 109.00 $ Qualified SWPPP Practitioner 215.00 $ Project Dedicated Vehicle 197.00 $ Vibration Engineer 250.00 $ Roller Compacted Concrete Vibrating Hammer/Tamping Plate 87.00 $ Half-Cell Potential Equipment Set 421.00 $
Concrete Electrical Resistivity Meter 197.00 $
Field Inspection Personnel Rate Field Hardness (Steel) 121.00 $ Concrete/Reinforced Steel Inspector 125.00 $ Coating Thickness Gauge 121.00 $ Prestressed/Post Tensioned Inspector 125.00 $ Curing Box (Not Temperature Controlled, One-Time Fee/ 820.00 $ Concrete ICC Inspector 125.00 $ Per Box)
Drilled-In-Anchor Inspector 125.00 $ Temperature Control Curing Box (Per Month) 546.00 $ Gunite/Shotcrete Inspector 125.00 $ Temperature Matching Curing Box (Per Month) 623.00 $ Masonry Inspector 125.00 $
Structural Steel/Welding Inspector 125.00 $
AWS Certified Welding Inspector 135.00 $ Specimen Pick-Up Rate Fireproofing Inspector 125.00 $ Soil/Aggregate Sample (Each) 57.00 $ Lead Inspector 125.00 $ Standard Sample: Concrete Cylinders (Each) 20.00 $ Firestop Special Inspector - IFC Premier 210.00 $ Standard Sample: Mortar/Grout Cubes And Cores, 20.00 $ Firestop Special Inspector - IQP 230.00 $ Fireproofing, Rebar, And Epoxy Prisms (Each) Asphalt Field and Plant Inspector/Technician 125.00 $ Oversize Sample: Masonry Prisms And Shotcrete Panels (Each) 35.00 $ Pile Driving Inspector 125.00 $ Oversize Sample: Flexural Beams (Each) 80.00 $ Soils Technician 125.00 $ Technician For Specimen Pick-Up Not Listed Above 137.00 $ Concrete Quality Control (ACI/Caltrans Technician) 125.00 $ (Per Hour, 2-Hour Minimum) Wood Framing Inspector 125.00 $ Technician For Specimen Pick-Up Before 5:00 a.m. 149.00 $ Roofing/Waterproofing Inspector Quotation Or After 5:00 p.m. Monday Thru Friday, Or All Day Saturday Public Works Inspector 170.00 $ (Per Hour, 2-Hour Minimum Plus Mileage) Mechanical Inspector 200.00 $
Electrical Inspector 200.00 $
Plumbing Inspector 200.00 $ Jobsite Trailer, Mobile Or On-site Laboratory Rate Building Inspector 200.00 $ Portable Or Mobile Laboratory Unit Quotation Vibration Monitoring Technician 170.00 $ Jobsite Trailer, Conex, Or Equipment Storage Box Quotation Field Engineering Technician 125.00 $
Concrete Tests (Field Made Specimens) Rate
Shop Inspection Personnel Rate 6" x 12" Cylinder Compression Strength (ASTM C39) 40.00 $ Structural Steel Fabrication Inspector 135.00 $ 4" x 8" Cylinder Compression Strength (ASTM C39) 40.00 $ Batch Plant Quality Control Technician/Inspector 125.00 $ Density Of Structural Lightweight Concrete Equilibrium 111.00 $ Glue-Laminated Fabrication Inspector Quotation Oven Dry Method (ASTM C567) Pre-Cast Concrete/Pipe Fabrication Inspector 152.00 $ Core Compression Including Trimming (ASTM C42) 95.00 $ 6" x 6" x 18" Flexural Beams Not Exceeding Referenced 123.00 $ Size (ASTM C78, C293 or CTM 523)
Nondestructive Testing Personnel Rate Splitting Tensile Strength (ASTM C496) 123.00 $ NDE Ultrasonic Testing Technician 135.00 $ Modulus Of Elasticity Test (ASTM C469) 362.00 $ NDE Magnetic Particle Testing Technician 135.00 $ Rapid Chloride Permeability Test: Cylinders Or Cores 651.00 $ NDE Dye Penetrant Testing Technician 135.00 $ (ASTM C1202) Combination NDE Technician/Welding Inspector 135.00 $ Density, Absorption, And Voids In Hardened Concrete 657.00 $ #### Phased Array Ultrasonic Technician 157.00 $
Radiographic Testing (Crew Of 2) Quotation (ASTM C642)
NDE Engineer 255.00 $ Flexural Toughness (ASTM C1609, Formerly ASTM C1018) 1,058.00 $ Double Punch Strength Of Fiber Reinforced Concrete 668.00 $ Coefficient Of Thermal Expansion Of Concrete 668.00 $
Equipment Usage (Daily Unless Otherwise Noted) Rate (CRD 39, AASHTO T336) Skidmore 53.00 $ Bulk Electrical Resistivity (One Age Of Testing, ASTM C1876) 167.00 $ Torque Wrench, Small 22.00 $ Flexural Tensile Strength Of Metallic Fiber Reinforced Concrete 1,169.00 $ Torque Wrench, Large 33.00 $ Beam (EN 14651)
Torque Multiplier 50.00 $
95343
70107
10403
Task
Code
80006
10405
91030
90005
10111
95362
95352
10207
Task
Code
Task
Code
10401
95323
95318
95309
40006
40009
80013
95300
10026
10001
10017
95322
20209
10325
10328 20205
20207
20211
80003
Task Code
Code
2020210301
10309 20203
20201
20000
98000
20100
Task
Code
91000
10103
10105
95357
Task
95364
Code
95367
10101
95349
10005
95341
10003
10009 95336
95347
95345
95351
90001
10109
95372
95370
95371
95373
91010
Task
Code
30001
95368
10201
10203
10019 95303
Task
70101
10107
60001
10113
10122
20102
10117
20107
75001
20109
70103
Task
Code
10115
10501
20101
20103
10500
20104
95356
95369
95324
95321
95333
95348
95319
60003
70003
10013
30000
70000
95339
95103
95306
95307
10010
10011
95330
10007
95342
10015
95374
95360
40005
40012
10515
30002
10523
50003
10519
10521
95315
10305
10409
10020
95312
1 Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8 EXHIBIT B 101
Concrete Specimen Preparation Rate Qualification Of Cements Rate Sawing Of Specimens (Each) 51.00 $ Chemical Analysis Of Portland Cement Per Standard 803.00 $ Coring Of Specimens In Lab (Each) 51.00 $ Requirements (ASTM C150) Grinding Of Concrete Below 6000 psi Strength (Each) 73.00 $ Physical Testing Of Portland Cement Per Standard 803.00 $ Grinding Of Concrete 6000 psi Strength And Above (Each) 109.00 $ Requirements (ASTM C150) Physical Testing Of Type K Cement, Mortar Expansion 803.00 $ Laboratory Trial Batch: Concrete, Cement (ASTM C806)
And Mortar Rate Physical Testing And Chemical Analysis Of Portland Cement 1,498.00 $ Setting Time by Vicat Needle (C1856/C191) 250.00 $
Compression Test 4" x 8" Cylinders Made And Tested In 70.00 $ Per Standard Requirements (ASTM C150) Laboratory (ASTM C192, C35) Partial Analysis Or Specific Physical Tests Quotation Compression Test 6" x 12" Cylinders Made And Tested In 83.00 $ Sulfates Resistance Of Hydraulic Cement (ASTM C1012), 3,210.00 $ Laboratory (ASTM C192, C35) 6 Months
6" x 6" x 18" Flexural Beams Made And Tested in Laboratory 129.00 $ Sulfates Resistance Of Hydraulic Cement (ASTM C1012), 3,531.00 $ (ASTM C192, C78) 12 months
Splitting Tensile Strength Cylinders Made And Tested In 146.00 $ Type 1L Cement (ASTM C595; Excludes Special Properties) 1,498.00$ Laboratory (ASTM C192, C496) Clinker Microscopy, Per Sample 910.00$ Modulus of Elasticity Test Cylinders Made And Tested In 379.00 $ Laboratory (ASTM C192, C469) Physical Testing Of Chemical Admixtures For Density Of Structural Lightweight Concrete Made In 134.00 $ Concrete Rate Laboratory, Equilibrium or Oven Dry Method (ASTM C567) Qualification Of Admixture (ASTM C494) Quotation Bulk Electrical Resistivity (ASTM C1876) 196.00 $
Laboratory Trial Batch (ASTM C192/Lab Procedure Performance) 651.00$ Concrete Mixture Design For Preconstruction Evaluation And 310.00 $ Evaluation Of Pozzolans And Slag Cement Rate Backup Data Development Chemical Analysis Of Fly Ash Per Standard Requirements 803.00 $ Drying Shrinkage Up To 28 Days, Three 3" x 3" Or 4" x 4" Bars, 634.00 $ (ASTM C618) Five Readings Up To 28 Dry Days (ASTM C157) Physical Testing Of Fly Ash Per Standard Requirements 803.00 $ Additional Reading, Per Set Of Three Bars 66.00 $ (ASTM C618) Storage Over Ninety (90) Days, Per Set Of 51.00 $ Partial Analysis Or Specific Physical Tests Quotation Three Bars, Per Month Chemical Analysis And Physical Testing Of Fly Ash Per 1,498.00 $ Setting Time Up To 7 Hours (ASTM C403) 201.00 $ Standard Requirements (ASTM C1618) Bleeding (ASTM C232) 201.00 $ Qualification Of Silica Fume Per Standard Requirements 1,498.00 $ Concrete Restrained Expansion (ASTM C878) 724.00 $ (ASTM C1240) Mix, Make and Test Mortar or Grout Specimens for Compressive 668.00$ Qualification Of Slag Cement Per Standard Requirements 1,498.00 $ Strength: Set of 6 (ASTM C878) (ASTM C989)
Non-Shrink Grout: Height Change After Final Set (ASTM C1090) 651.00$ Effectiveness Of Pozzolans & Slag Cement In Mitigating 1,498.00 $ Non-Shrink Grout: Height Change At Early Age (ASTM C827) 1,058.00 $ Expansion Due To ASR (ASTM C441) Cracking Resistance, Set Of Three Rings, Laboratory Trial 6,899.00 $ Batching, Test Until Cracking Or Up To 28 Days (ASTM 1581) Evaluation Of Pre-Packaged Masonry Mortars (ASTM C270) 1,447.00 $ Mass Concrete - Engineering And Testing Services Rate Creep (ASTM C512) (One Age Of Loading, 12 Months 10,405.00 $ Thermal Control Plan (Without Cooling Pipes) Per A Unique 9,000.00 $ Duration Of Testing) Type Of Placement Of Similar Group Of Placements, Each Plan Laboratory Development of Strength-Maturity Curve Without 3,561.00 $ Thermal Control Plan (With Cooling Pipes), Per A Unique 10,500.00 $ Establishing Datum Temperature (Up To 5 Testing Ages, Type Of Placement Of Similar Group Of Placements, Each Plan ASTM C1074) Performance Based Maximum Temperature Difference 6,000.00 $ Laboratory Development Of Strength-Maturity Curve With 5,787.00 $ Laboratory & Analytical Studies, One Concrete Mixture Design Establishing Datum Temperature (Up to 5 Testing Ages,
ASTM C1074)
Rock And Concrete Aggregates - Petrographic
Examination & Special USACE & CRD Tests Rate
Rock Type Description, Per Sample (Rock Core Or Rock 1,000.00 $ Evaluation of Mixing Water for Concrete Rate Chunk)
Evaluation of Mixing Water For Concrete Per The Requirements 1,113.00$ Rock Type Description + XRD Including Clay Analysis, 1,500.00 $ Of ASTM C1602, Table 1 (Physical Properties Of Mortar), Per Per Sample Sample Natural Aggregates - Petrographic Examination (Gravel And 2,750.00 $ Evaluation Of Mixing Water For Concrete Per The Requirements 1,335.00$ Natural Sand Consisting Of Single Rock Type ASTM C295) Of Caltrans, Section 90, Per Sample Each, One Sample
Crushed Aggregates - Petrographic Examination (Crushed 27,520.00 $ Concrete - Chemical Analysis, Transport Properties, Rock And Manufactured Sand Consisting Of Single Rock Type Service Life Modeling, Petrographic Examination Rate ASTM C295), Each, One Sample Water Absorption Rate per Set (C1585) 2,100.00 $
Acid-Soluble Chloride Analysis (ASTM C1152) 175.00 $ Coarse Aggregate Certification For Deleterious Materials Per 6,500.00 $ Includes Sample Prep) Specifications Of USACE, Materials Coarser Than 0.75-Inch Water-Soluble Chloride Analysis (ASTM C1218) 175.00 $ Each, One Sample, 200 lb. (Includes Sample Prep) Coarse Aggregate Certification For Deleterious Materials Per 5,500.00 $ Chloride Diffusion Coefficient Of Cementitious Mixtures By 3,227.00 $ Specifications Of USACE, 0.75-Inch And Finer Material, Each, Bulk Diffusion (ASTM C1556) One Sample, 25 lb.

Bulk Resistivity (ASTM C1876) And Formation Factor 725.00 $ Fine Aggregate Certification For Deleterious Materials Per 2,750.00 $ Chloride Binding Isotherm 946.00 $ Specifications Of USACE, Each, One Sample Analytical And Experimental (ASTM C1556) Modeling Of Service 9,000.00$ Aggregate, Scratch Hardness (CRD-C 130), Each, One Sample, 500.00 $ Life Of Concrete Per Life-365 Model, Per Mixture Design 25 lb.

Analytical And Experimental (NordTest) Modeling Of Service 8,902.00 $ Life Of Concrete Per FIB Model Code 34, Per Mixture Design Non-Steady State Chloride Migration Coefficient, NordTest 492 696.00 $ Soils And Aggregate Tests Rate Relative Mortar Strength of Concrete Sand (CTM 515) 1,300.00 $ Petrographic Examination Of Hardened Concrete, Level I 1,750.00 $ Abrasion: LA Rattler (ASTM C131) 258.00 $ (ASTM C856) (Excludes Thin Section), Per Sample Abrasion: LA Rattler (ASTM C535) 268.00 $ Petrographic Examination Of Hardened Concrete, Level II 2,250.00 $ Atterberg Limits/Plasticity Index (ASTM D4318, CTM 204) 215.00 $ (ASTM C856) Includes Thin Section, Per Sample California Bearing Ratio Excluding Maximum Density 697.00 $ Petrographic Examination Of Hardened Concrete, Level III 3,500.00 $ (ASTM D1883) Soil (ASTM C856/C1723) (Thin Section And SEM/EDX), Per Sample California Bearing Ratio Excluding Maximum Density 857.00 $ W/CM Determination (NordTest Build 361) 1,500.00$ (ASTM D1883) Cement-Treated Soil Examination Of Volumetric Proportions Of Hardened Concrete 550.00 $ Cement-Treated Soil/Base Mix Design: Includes Three Trial 3,750.00 $ (ASTM C457), Per Sample Cement Contents With Three Unconfined Compressive Air Void Analysis Of Hardened Concrete (ASTM C457), 800.00 $ Strength Specimens Per Cement Content Per Sample Chloride And Sulfate Content (CTM 417, CTM 422) 239.00 $ Electron Microscopy (ASTM C1723) 1,000.00 $ Clay Lumps And Friable Particles (ASTM C142) 270.00 $ Paste Carbonation Analysis, Per Sample 250.00 $ Cleanness Value 1" x #4 (CTM 227) 229.00 $ Insoluble Residue Analysis (ASTM C1324) 3,500.00 $ Cleanness Value 1.5" x .75" (CTM 227) 354.00 $ Alkali-Silica - Damage Rating Index (DRI), Per Sample 1,500.00 $ Collapse Potential/Index (ASTM D5333) 290.00 $ 30219
30232
30207
30209
80100
30230
80103
30225
Code
80143
80146
70305
80121
80144
Task
Code
80140
80126
30203
30227
30229
20263
Code
80240
Task
Task
Code
70301
70303
70304
80210
80212
Code
80262
80263
80266
80193
Code
80268
80248
80272
30201
30211
80198
80149
80151
Task
80254
80194
Task
Code
80196
80250
Code
80256
80258
30125
80195
80147
30205
30237
30234
Task
20265
30231
30233
80232
80252
80106
80110
80111
Task
80159
Task
80206
80129
80204
20151
20157
20159
20160
30217
30216
Task
Code
30223
80238
80123
80234
80246
80276
30403
70393
70344
30322
80260
30503
30505
80208
80199
Task
Code
80274
30321
80270
80218
80222
80224
80228
2 Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8 EXHIBIT B 102
Soils And Aggregate Tests, Continued Rate As phalt Concrete Tests, Continued Rate Compressive Strength Of Molded Soil-Cement Cylinders 134.00 $ Emulsion Residue, Evaporation (ASTM D244) 203.00 $ (ASTM D1633) Extraction % Bitumen (ASTM D6307, CTM 382) 203.00 $ Consolidation Test Full Cycle (ASTM 2435, CTM 219) 244.00 $ Extraction % Bitumen And Gradation (ASTM D5444, D6307, 281.00 $ Consolidation Test Time Rate Per Load Increment 64.00 $ CTM 202, 382) (ASTM D2435, CTM 219) Extraction % Bitumen, Correction Factor (ASTM D6307, 458.00 $ Corrosivity Series Sulfate, CI, pH, Resistivity (CTM 643, 321.00 $ CTM 382) 417, and 422) Chemical Extraction % Bitumen And Sieve Analysis 317.00 $ Crushed/Fractured Particles (ASTM D5821, CTM 205) 234.00 $ (ASTM D2172 Method A or B, ASTM D5444) Direct Shear Test Remolded And/Or Residual (ASTM D3080) 312.00 $ Lab Tested Maximum Density Hveem, 3 Briquettes 281.00 $ Direct Shear Test Undisturbed - Slow [CD] (ASTM D3080) 291.00 $ (ASTM D1561, D1188, CTM 304, 308) Direct Shear Test Undisturbed - Fast [CU] (ASTM D3080) 244.00 $ Hveem Stabilometer Test, Premixed, 3 Briquettes 281.00 $ Durability Index Per Method - A,B,C, or D (ASTM D3744, 270.00 $ (ASTM D1560, D1561, CTM 304, 366) CTM 229) Lab Tested Maximum Density Marshall, 3 Briquettes 270.00 $ Expansion Index (ASTM D4829, UBC 18-2) 234.00 $ (ASTM D6926, D2726) Fine Aggregate Angularity (ASTM C1252, CTM 234, 213.00 $ Lab Tested Maximum Density Marshall 6'' Specimen, 281.00 $ AASHTO T304) 3 Briquettes (ASTM D5581, D2726)
Flat And Elongated Particle (ASTM D4791) 291.00 $ Lab Tested Maximum Density Superpave Gyratory Compacted 120.00 $ Flat Or Elongated Particle (ASTM D4791) 270.00 $ Briquette, SSD, 1 Briquette (ASTM D6925, D2726) Maximum Density Methods A/B/C (ASTM D1557, 244.00 $ Lab Tested Maximum Density Superpave Gyratory Compacted 120.00 $ D698, CTM 216) Briquette, Paraffin, 1 Briquette (ASTM D1188, D6925) Maximum Density Check Point (ASTM D1557, D698) 94.00 $ Maximum Theoretical Specific Gravity [RICE] (ASTM D2041, 208.00 $ Maximum Density AASHTO C [Modified] (AASHTO T-180) 244.00 $ CTM 309) Maximum Index Density Vibratory Table (ASTM D4253) 452.00 $ Marshall Stability And Flow, Cored Sample, Each 104.00 $ Moisture Content (ASTM D2216, CTM 226) 42.00 $ ASTM D6927) Moisture and Density Ring Sample (ASTM D2937) 42.00 $ Marshall Stability And Flow, Premixed, 3 Briquettes 291.00 $ Moisture and Density Shelby Tube Sample (ASTM D2937) 52.00 $ (ASTM D6926, D6927) Moisture-Density Relations Of Soil-Cement Mixtures 354.00 $ Marshall Stability And Flow, Gyratory Compacted Specimen 302.00 $ Premixed In The Field (ASTM D558) Pre-Mixed, 3 Briquettes (ASTM D5581, D6925) Moisture-Density Relations Of Soil-Cement Mixtures 354.00 $ Marshall Stability And Flow 6'' Specimen, Premixed, 302.00 $ Mixed In The Lab (ASTM D558) 3 Briquettes (ASTM D5581)
pH Of Soils (ASTM D4972) 68.00 $ Moisture Content (CTM 370) 114.00 $ Organic Content Of Soils (ASTM D2974, Method A Only) 99.00 $ Wet Track Abrasion Test (ASTM D3910) 213.00 $ Organic Impurities (ASTM C40, CTM 213) 120.00 $ Hveem Mix Design (Excluding Aggregate Quality Tests) 5,970.00 $ Permeability (ASTM D5084) Quotation Hveem Mix Design, With RAP (Excluding Aggregate Quality 6,479.00 $ Potential Reactivity Chemical Method (ASTM C289 - 712.00 $ Tests, RAP Qualification) Discontinued Method) 1,076.00 $ Hveem Mix Design, With Lime (Excluding Aggregate Quality 6,854.00 $ Potential Reactivity Mortar Bar Expansion Method, 1,136.00 $ Tests) 14-Day Exposure (ASTM C1260) Hveem Mix Design Caltrans Untreated Mix (Including 7,124.00 $ Potential Reactivity Mortar Bar Expansion Method, 3,479.00 $ Aggregate Quality Tests) 28-Day Exposure (ASTM C1260) Hveem Mix Design Caltrans Lime Treated Mix (Including 8,143.00 $ Potential Reactivity Concrete Bar Expansion Method 3,786.00 $ Aggregate Quality Tests) (ASTM C1293), 12 month Marshall Mix Design (Excluding Aggregate Quality Tests) 5,970.00 $ Potential Reactivity Concrete Bar Expansion Method 1,336.00 $ Marshall Mix Design With RAP (Excluding Aggregate Quality 6,479.00 $ (ASTM C1293), 24 month Tests)
Potential Reactivity of Aggregate Combination, Non-Standard 1,336.00 $ Marshall Mix Design With Lime (Excluding Aggregate Quality 7,114.00 $ Method; 14-Day Exposure, Mortar (After ASTM C1567) Tests) Potential Reactivity Of Aggregate Combination, Non-Standard 1,290.00$ Open Grade Asphalt Concrete Mix Design (ASTM D7064, 3,442.00 $ Method; 28-Day Exposure, Mortar (After ASTM C1567) CTM 368) R-Value Soil (ASTM 2844, CTM 301) 557.00 $ Superpave Mix Design (Excluding Aggregate Quality Tests) 12,163.00 $ R-Value Aggregate Base (ASTM D2844, CTM 301) 612.00 $ Superpave Mix Design, With RAP (Excluding Aggregate 12,849.00 $ Sand Equivalent (ASTM D2419, CTM 217) 166.00 $ Quality Tests) Sieve #200 Wash Only (ASTM D1140, CTM 202) 119.00 $ Superpave Mix Design With Rubber (Excluding Aggregate 12,849.00 $ Sieve With Hydrometer 3/4" Gravel To Clay (ASTM D422, 321.00 $ Quality Tests) D7928, CTM 203) Superpave Mix Design With Additives (Excluding Aggregate 13,198.00 $ Sieve With Hydrometer Sand To Clay (ASTM D422, 306.00 $ Quality Tests) D7928, CTM 203) Effect Of Moisture On Asphalt Paving Mixtures, Pre-Mixed 1,284.00 $ Sieve Analysis Including Wash (ASTM C136, CTM 202) 193.00 $ (ASTM D4867, AASHTO T283) Sieve Analysis Without Wash (ASTM C136, CTM 202) 161.00 $ Hamburg Wheel Track Test, 20,000 Passes, 4 Briquettes 1,394.00 $ Sieve Analysis Split Sieve (ASTM C136, CTM 202) 307.00 $ (AASHTO T324) Sieve Analysis Without Wash With Cobbles (ASTM C136, 302.00 $ Raveling Test Of Cold Mixed Emulsified Asphalt (ASTM D7196) 260.00 $ CTM 202) Marshall Stability, Wet Set, 3 Replicates (AASHTO T245) 458.00 $ Soundness Sodium Or Magnesium Sulfate, 5 Cycles 241.00 $ Marshall Stability, Dry Set, 3 Replicates (AASHTO T245) 391.00 $ (ASTM C88) Cold Recycled Asphalt Mix Design 2 Gradings Each, 12,054.00 $ Specific Gravity And Absorption Coarse (ASTM C127, 130.00 $ 3 Emulsion Content (Caltrans LP-8) CTM 206)
Specific Gravity and Absorption Fine (ASTM C128, 214.00 $ CTM 207) Mortar And Stucco - Petrographic Examination Rate Swell/Settlement Potential One Dimensional (ASTM D4546) 193.00 $ Stucco, One-Coat (ASTM C856), Includes Thin Section), 2,250.00 $ Triaxial Quotation Per Sample
Unconfined Compression (ASTM D2166, CTM 221) 246.00 $ Stucco, Two-Coat (ASTM C856), Includes Thin Section), 2,500.00 $ Unit Weight Per Cubic Foot (ASTM C29, CTM 212) 166.00 $ Per Sample Voids In Aggregate With Known Specific Gravity (ASTM C29, 166.00 $ Stucco, Three-Coat (ASTM C856), Includes Thin Section), 3,000.00 $ CTM 212) Per Sample
Lightweight Particles Coarse, with Two Solutions (ASTM C123) 540.00 $ Lightweight Particles Fine, with One Solution (ASTM C123) 268.00 $ Method of Test for Relative Mortar Strength of Portland 1,456.00$ Cement Concrete Sand (CT 515)
Brick Masonry Tests, ASTM C67 Rate
Modulus Of Rupture Flexural 123.00 $
Asphalt Concrete Tests Rate Compression Strength 84.00 $ HMA Mixing And Preparation 166.00 $ Absorption 5 Hour or 24 Hour 89.00 $ HMA Mixing And Preparation With Aggregate Treatment 241.00 $ Absorption (Boil) 1, 2 Or 5 Hours 123.00 $ Bulk Specific Gravity Of Compacted Sample Or Core SSD 76.00 $ Initial Rate Of Absorption 78.00 $ (ASTM D2726, CTM 308C) Efflorescence 95.00 $
Bulk Specific Gravity Of Compacted Sample Or Core Paraffin 107.00 $ Cores Compression 101.00 $ Coated (ASTM D1188 and CTM 308A) Shear Test On Brick Cores 2 Faces 123.00 $ 70373
30317
70341
70319
70321
70378
70349
70347
70353
75106
Task
75095
20309
20311
20313
70336
30508
70331
70335
70317
75049
75051
75052
75084
75087
75113
75107
75063
75069
75024
75027
75039
75028
75066
75109
75114
75070
75099
75090
75005
75093
75096
70391
70309
70313
70339
70340
70342
70328
70330
30401
70343
75036
70363
75040
20315
75083
75068
75067
75111
70360
70361
75031
75032
30412
20807
20307
70371
30319
30411
Task
Code
70351
80001
70394
Task
Task
Code
80282
80286
80290
75030
75042
75050
75048
75057
Code
Task
75115
20305
20303
75075
75094
Code
20301
70398
70397
70392
70345
70355
70357
70359
Code
75033
70399
70337
70315
70325
30507
70333
70311
75004
70396
70365
70367
70369
3 Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8 EXHIBIT B 103
Concrete Block, ASTM C140 Rate Metal and Steel Testin g, Continued Rate Compression 106.00 $ Hardness Test (ASTM E18) 111.00 $ Absorption/Moisture Content/Oven Dry Density 106.00 $ Bolt Axial Tensile Test (Up To 7/8" Diameter) 73.00 $ Linear Shrinkage (ASTM C426) 307.00 $ Bolt Wedge Tensile Test (Up To 7/8" Diameter) 89.00 $ Web And Face Shell Measurements 61.00 $ Bolt Axial Tensile Test (Greater Than 7/8" Up To 1" diameter) 95.00 $ Tension Test 196.00 $ Bolt Wedge Tensile Test (Greater Than 7/8" Up To 1" Diameter) 123.00 $ Core Compression 101.00 $ Bolt Axial Tensile Test (Greater Than 1" Diameter) 146.00 $ Shear Test Of Masonry Cores 2 Faces 123.00 $ Bolt Wedge Tensile Test (Greater Than 1" Diameter) 156.00 $ Efflorescence Tests 95.00 $ Bolt Proof Load Test (Up To 7/8") 111.00 $ Bolt Proof Load Test (Greater Than 7/8" Up To 1" Diameter) 134.00 $ Bolt Proof Load Test (Greater Than 1") 151.00 $
Masonry Prisms, ASTM C1314 Rate Nut Proof Load Test (Up To 7/8") 78.00 $ Compression Test, Composite Masonry Prisms Up To 8" x 16" 251.00 $ Nut Proof Load Test (Greater Than 7/8" Up To 1" Diameter) 106.00 $ Compression Test, Composite Masonry Prisms > 8" x 16" 334.00 $ Nut Proof Load Test (Greater Than 1") 118.00 $ Prism Cord Modulus of Elasticity 712.00 $
Prism Cord Modulus Of Elasticity With Transverse Strain 880.00 $ (For Double-Wythe Specimen) Chemical Testing Of Metal And Steel Rate Steel Chemical Analysis 217.00 $
Weight Of Galvanized Coating (ASTM A90) 111.00 $
Mortar And Grout Rate Epoxy Coating Thickness 111.00 $
Compression 2" x 4" Mortar Cylinders (ASTM C780) 73.00 $ Coating Thickness 111.00 $ Compression 3" x 3" x 6" Grout Prisms, Includes Trimming 61.00 $ (ASTM C1019) Machining And Preparation Of Tensile And Bend Compression 2" Cubes (ASTM C109) 78.00 $ Sample: Carbon Steel Rate Compression Cores Includes Trimming (ASTM C42) 89.00 $ Machinist Initial Preparation From Mock-Up, Etc. (Per Hour) 162.00 $ Sawcut To Overall Width (Per 0.5" Thickness Or Fraction 73.00 $ Thereof)
Masonry Specimen Preparation Rate Machine To Test Configuration Milled Specimens 106.00 $ Cutting Of Cubes Or Prisms 95.00 $ Machine To Test Configuration Turned Specimens (Per 0.5" 189.00 $ Thickness Or Fraction Thereof)
Prepare Subsize Specimens (Per 0.5" Thickness Or Fraction 129.00 $ Fireproofing Tests Rate Thereof)
Oven Dry Density (ASTM E605) 89.00 $
Charpy Impact Rate
Charpy Impact Ambient Temperature 118.00 $
Gunite And Shotcrete Tests Rate Charpy Impact Reduced Temperature 156.00 $ Core Compression Including Trimming (ASTM C42) 89.00 $
Compression Cubes (Includes Saw Cutting) 1 18.00$
Machining Of Charpy Samples: Carbon Steel Rate
Concrete Roof Fill: Gypsum, Vermiculite, Perlite, Cutting And Milling (Per 0.5" Or Fraction Thereof) 106.00 $ Lightweight Insulating Concrete, Etc. Rate Final Machining To Sample Configuration 129.00 $ Compression Test (ASTM C495 and C472) 84.00 $
Air Dry Density (ASTM C472) 61.00 $
Oven Dry Density (ASTM C495) 89.00 $ Prestressing Wires And Tendons, (ASTM A416) Rate Stress-Strain Analysis Wire Or Strands (Including Chart And 284.00 $ Percent Offset)
Reinforcing Steel, ASTM A615, A706 Rate Tensile Test Only 212.00 $ Tensile Test #11 Or Smaller 84.00 $ Tendons Quotation Bend Test #11 Or Smaller 78.00 $
Bend Test #14 Or #18 445.00 $
Tensile Test #14 334.00 $ Polymer Matrix Composite Materials (Fiberwrap) Rate Tensile Test #18 440.00 $ Tensile Strength – Set of 5 Specimens/Batch/Direction 1,780.00 $ (ASTM D3039)
Tensile Strength – Additional Specimens (ASTM D3039) 334.00 $ Reinforcing Steel - Welded Or Coupled Specimens Rate (ASTM D3039) Tensile Test Welded/Coupled #11 And Smaller 95.00 $ Heating Chamber Time – Per 24 Hr. Period 139.00 $ Tensile Test Welded/Coupled #14 323.00 $
Tensile Test Welded/Coupled #18 490.00 $
Weld Macroetch 106.00 $ Calibration Services And Universal Machine UsageR a t e Slippage Test - Caltrans (CTM 670) 267.00 $ Calibration/Verification Services Q uotation Tensile Test Welded Hoops #11 And Smaller 196.00 $ Universal Test Machine Usage (Per Hour) 501.00 $ Specialty Testing
Metal and Steel Testing Rate - Cylic And Fatigue Testing Programs On Special Products/Parts Tensile Strength Up To 100K Pounds (Each) 95.00 $ - Engineering And Technical Supports/Design Of Prototypes And Special Test Set-Up Tensile Strength Up To 200K Pounds (Each) 106.00 $ - Fastener/Coupling Full Testing Program Per New Regulations: Tension, Tension/Bend, Tensile Strength Up To 300K Pounds (Each) 134.00 $ Shear, Double Shear, 8 Compressions Tensile Strength Up To 400K Pounds (Each) 196.00 $ - Fiberglass/Composite Materials Field Testing Program (ASTM D1143 D1242, Tensile Strength 400K To 600K Pounds (Each) 445.00 $ D2584, D4065, D4476, D4923, D7901, D7921, and D732) Tensile Strength Stress-Strain Percent Offset 279.00 $ - Field Testing Of Structures And Structural Elements Weld Macroetch 106.00 $ - In-Place Shear Testing Weld Fracture 56.00 $ - Materials And/Or Product Evaluation Per Specifications Bend Test 84.00 $ - Structural Dynamic Testing And Durability Analysis Flattening Test 95.00 $
General Conditions
NOTE: Field inspection work conditions are established by contract with Operating Engineers, Local 3.

NOTE: A minimum of 24 hours notice is required for testing and inspection services.

NOTE: For projects subject to a Project Labor Agreement (PLA), if terms/conditions of the PLA are more restrictive those terms /conditions will apply.

NOTE: Rates will be adjusted annually each July 1st to reflect increased costs.

Administrative Fees
All administrative fees, except as noted below, including report distribution and Twining Construction Hive system are billed a t the following percentage of the monthly invoice total:

Task
20632
Code
20801
Task
Task
20706
20607
Task
Code
20361
Task
80176
20619
80173
Code
Task
20523
20531
20504
20505
Task
Code
Code
Code
80170
20641
20640
Task
20753
20703
20617
20603
20605
20532
20634
20630
20347
Code
20701
20621
20545
20611
20365
20501
20503
20525
20615
20707
20803
20751
20708
Task
20705
Code
Task
20623
Task
Code
20780
20783
20639
20636
20635
Task
Code
20633
20638
20637
20631
20341
20331
20321
20327
20329
20333
20339
Task
Task
20335
5%
Task
Code
Task
Code
20155
Task
20521
Task
80177
20547
20609
Code
20601
20529
20757
20759
Code
20755
20507
20353
20323
20343
20346
Code
20351
Code
20401
20357
20371
20373
20379
Code
Code
20355
4 Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8 EXHIBIT B 104
General Conditions, Continued
Note that hard copies of reports will be sent only to governing jurisdictions that mandate them. All other parties will receive reports electronically. The administrative fee above will receive reports electronically. The administrative fee above will be increased by 1% if additional hard copies of reports are requested . Submittal of project specific forms or resumes will be billed hourly at the Administrative Support Rate.

Minimum Charges (Inspection and Technician Personnel Only - Other Personnel Charged on Portal to Portal Basis) 2-Hour Minimum: Inspector arrives at jobsite, no work to perform. 4-Hour Minimum: 1 to 4 hours of inspection
8-Hour Minimum: Over 4 to 8 hours of inspection
8-Hour Minimum: Night Work
Regular Time (All Types of Inspection and also All Non-Exempt Employees) The first 8 hours worked Monday through Friday for shifts that commence between 4:00 a.m. and 2:00 p.m. except as noted otherwi se below.

Premium (All Types of Inspection and also All Non-Exempt Employees) Work performed in excess of eight (8) hours in any one working day or forty (40) hours in any one week shall be paid for at one and one-half (1-1/2) times the regular rate of pay. Premium shall be reckoned by the hour and half-hour. Work performed in excess of twelve (12) hours in any one (1) working day shall be paid at two (2) times the regular rate of pay.

Saturday and Sunday Work (All Types of Inspection and also All Non-Exempt Employees) Work performed on Saturday as defined below shall be paid for at one and one-half (1-1/2) times the regular rate of pay for the first eight (8) hours of work and at two (2) times the regular rate of pay for all hours worked in excess of eight (8). Work performed on Sunday as defined below shall be paid for at two (2) times the regular rate of pay for all hours worked. A shift, which commences on or after 1:00 a.m. on Saturday morning and before 1:00 a.m. on Sunday morning shall be deemed Saturday work for the entire shift. A shift, which commences on or after 1:00 a.m. on Sunday morning and before 1:00 a.m. on Monday morning shall be deemed Sunday work for the entire shift.

Night Shifts
When work is performed on a night shift the rate will be $9.00 greater than the applicable rate. A night shift is a shift, whic h commences after 2:00 p.m. or before 4:00 a.m. during any twenty-four (24) hour period commencing at 12:01 a.m.

Disruptive Shift Pay
Provides a minimum of eight (8) hours of night shift pay when the night shift precludes the Employee from working the day follo wing the night shift, excluding weekends and holidays.

Holidays
The following shall be considered as holidays under this Agreement and when work is performed on these days, an Employee shall be paid at two times his or her regular straight-time rate of pay: New Year's Day, President's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, the day after Thanksgiving Day and Christmas Day. Should any of these holidays fall on Sunday, the following Monday shall be considered a holiday. When a holiday falls on Saturday the Friday before shall be considered the holiday.

Meal Period
When personnel are required by their duties to work more than five consecutive hours without a one-half hour uninterrupted meal period, one half hour at double time rate will be charged in addition to any applicable overtime for actual hours worked.

Travel Time and Mileage
For projects outside a 50-mile radius from the nearest Twining fac ility, per excess mile to and from the project will be charged for inspectors and technicians. Other than small tools, whenever project related equipment is required to be transported to and from the project site, time and mileage for inspectors and field technicians will be billed on a portal to portal basis.

For all projects, current IRS mileage rate per mile and applicable travel time will be charged portal to portal for engineers, consultants, supervisors, and laboratory technicians from the laboratory to the project site and return.

For work locations located 100 miles or more from Twining, travel time will be charged at the relevant rate for inspectors and technicians in addition to a subsistence allowance as detailed below.

Weekend Sample Pick-Ups
In order to be in conformance with testing standards, it may be required that weekend pick-ups be performed (e.g. concrete spec imens cast on Friday must be picked up on weekend in order to be in conformance with ASTM C31 requiring specimens to be moved to their final curing location within 48 hours of c asting.) Applicable charges for weekend work will apply when this is required. Should these charges not be authorized, Twining will not be liable for any negative consequences.

Reimbursable Expenses
Parking, air fare, car rental, food, lodging and project specific software/applications (e.g. PlanGrid, Procore, etc.) will be charged at cost plus 20% per processed invoice, unless provided by client.

Project Specific Documents
Costs presented assume that client will provide project specific documents (plans, specifications, submittals, RFIs, etc.) for all inspection personnel. Should project specific documents be provided electronically through a "for fee" service, the client will be responsible for providing access and paying any fees fo r the service.

Project Site Facilities
Prices quoted assume that initial curing facilities for test samples that comply with relevant test standards and project requi rements are provided by others. In addition, prices quoted assume that work/desk space for inspection staff are provided by others. Additional costs, provided by quotation, will apply s hould Twining be required to provide such facilities.

Subsistence
Subsistence on remote jobs will be charged per quotation.

Laboratory Testing Hours and Expedited Testing
Please note that laboratory testing will be billed on an hourly basis for non-standard tests. If testing is required to be per formed on Saturdays, Sundays, holidays, or before 5:30 a.m. or after 4:00 p.m. on weekdays, an additional hourly charge, at the applicable regular, overtime or double time rate, with a minimum of one hour will be applied for the laboratory technician. For rush testing a 50% surcharge in addition to the regular test rate will apply.

Charges for Subcontracted Services
Material sent to outside laboratory for testing: Cost plus 20% Material sent to outside fabricator or machine shop: Cost plus 20% Glu-Lam beam inspection: Cost plus 20%
Other subcontractors:

Project exclusive equipment purchase:

Limit of Liability
Client agrees to limit Twining's aggregate liability to all entities for alleged or actual errors and omissions in the performa nce of its professional services under this agreement to $50,000.00 or the fees actually paid to Twining, whichever amount is greater. Higher limits may be available by quotation.

Additional Insurance Coverage
Any requirements for additional insurance policies or coverage beyond our normal policies/limits (e.g. SML coverage) may be pro vided at an additional fee and will be quoted on a per project requirements basis.

Cost plus 20%
Cost plus 20%
5 Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8 EXHIBIT B 105
General Conditions, Continued
Certified Payroll
Certified payroll will be provided, upon request, at an additional charge of $150.00/month. Fee applies to every month that ce rtified payroll must be submitted regardless of whether or not services were provided for any given month.

Final Reports Required by Jurisdiction
If a final report or affidavit is required, we must first review all inspection and testing reports and clear up any unresolved issues on these reports. These issues will typically require approval by the engineer or architect of record. This process can take several weeks or just a day, depending on the number and complexi ty of the issues. Cost for final reports will be billed hourly.

Terms of Payment
Fees charged are for professional and technical services and are due upon presentation. If not paid within 30 days from date of invoice, they are considered past due and the maximum legal finance charge will be added to the unpaid balance.

In addition, should the client require that invoices be submitted through a web based or electronic system, the client will be responsible for all costs associated with the use of the system.

A 3% fee will be applied for payments processed by credit card.

All invoice errors or necessary corrections shall be brought to the attention of Twining within 15 days of receipt of invoice. Thereafter, customer acknowledges invoices are correct and valid. Twining reserves the right to terminate its services to a customer without notice if all invoices are not current. Upo n such termination of services, the entire amount accrued for all services performed shall immediately become due and payable. Customer waives any and all claims against Twining, its subsidiari es, affiliates, servants, and agents for termination of work on account of these terms.

In the event of any litigation arising from or related to any agreement to provide services whether verbal or written, the prev ailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorney's fees and all other related expenses in such litigation. Additionally, in the event of a non-adjudicative settlement of litigation between the parties or a resolution of dispute by arbitration, that same process shall determine the prevailing p arty.

Hold Specimens
All "hold" specimens are charged at the applicable test rate whether tested or not.

Specimen Sampling and Disposal
Twining samples materials used in construction in accordance with standard practices, methods, codes, and relevant project requ irements. Representativeness of sampling and accuracy of testing are subject to the same probabilistic and precision limitations as governing standards, codes and project t echnical provisions.

Should samples be provided by others Twining cannot warrant or guarantee that material is representative of material that is or will be used in actual construction of the project.

Specimens will be discarded after testing unless Twining has been notified prior to testing that the customer wishes to retriev e the specimens or storage arrangements are made. Costs for storage will be by quotation.

Oversize Specimens
An extra charge will be made when test specimens require more than one person to handle because of size or weight.

Elevated Work Platforms
In the event an elevated work platform is required to safely complete our work, the client must provide safe access for Twining personnel for all required inspection, testing, sampling, etc. including a trained and certified operator or qualified inspector as applicable. Twining will not be responsible for signing wai vers associated with providing such access. Should Twining be required to supply an elevated work platform, we will contract with a qualified vendor and the markups shown above will apply. 6 Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8 EXHIBIT B 106
Ralph Pauls’ Inspection, LLC DBA

MCS INSPECTION

NACE Certified Coating Inspection Services

161 Nutwood Circle Paso Robles, CA 93446
[email protected] 805-610-5455

RATE SHEET

Ralph Pauls’ Inspections, LLC DBA MCS Inspections’ services are furnished on the basis of the following terms, in accordance with the following schedule of fees and charges.

• Coating Inspector, Level III $137.87 Per Hour
• Level III Overtime Rate $196.70 Per Hour • Subsistence $255.00 per Day
• Travel .75 Cents per mile

Dive Inspection prevailing wage……..………..$6,500.00
Dive Inspection non-prevailing wage………….$4,500.00

Overtime, will be charged at the above rates for professional personnel and 1.5 times the above rates for inspector. Coating Inspector has a 4-hour minimum charge per site visit.

All inspecting equipment is included in the above charges. Other direct cost such as equipment rental, laboratories or specialized insurance required by client will be charged at cost plus 10%.

Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8

EXHIBIT B
107
HQ: Pleasanton, CA – Offices throughout the West

STANDARD FEE SCHEDULE 2026

Labor Classifications Straight Time/Hr.

Senior Principal/Professional $275

Principal/Professional $255

Program Manager/Senior Professional $220

Senior Scientist
$190

Project Scientist
$175

Senior Staff Scientist
$155

Staff Scientist
$135

Senior Field Technician $120

Field Technician $95

CAD/Graphics Specialist $90

Project Administrative Specialist $75

Rates subject to annual escalation of 3.0%

Other Direct Costs

Laboratory Analysis

All analysis: Cost + 20%

Equipment

Other equipment Rental Rate + 20%

Other
Mileage $0.73
Sample Shipment Cost + 20%
Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8

EXHIBIT B
108
Revised 10/20/2020

B10 – 3M E&O

Page 1 ends

EXHIBIT C

INSURANCE REQUIREMENTS

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

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

3. Workers’ Compensation and Employer's Liability:

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: 79217B77-F9A3-80B9-81C4-015E5886DAA8

EXHIBIT B
109
Revised 10/20/2020

B10 – 3M E&O

Page 2 ends

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

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

Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8

EXHIBIT B
110
CI

TY OF LIVERMORE

DETERMINATION OF CONFLICT OF INTEREST

REPORTING FOR CONSULTANTS
C
onsultant Name (include name of specific person doing work if known).

C
ontract/Project Title.

B
rief Description of work to be done, or final product, and how it will be used.

Is the Consultant making, participating in making,
or influencing a governmental decision?
Yes ____; No ____.

Is the Consultant performing work that could or
would be done by an employee identified in the
City of Livermore Conflict of Interest Code?
Yes ____; No ____.

If YES, please identify the title for the designated
employee:

C
ompleted by Department Head
Signature: _________________________________ Date: _____________________ C
ity Attorney Determination:

Disclosure: [_] None [_] Category 1 [__] Category 2 [_] Category 3 [_] Category 4 Name and address of each individual subject to reporting requirements:

C
omments:

A
ssistant/City Attorney
Signature: ____________________________ Date: _____________________

THIS FORM IS TO BE

COMPLETED BY CITY

STAFF ONLY
Twining, Inc
Contract No. 25-1090
provide professional geotechnical engineering, materials testing, special inspections, & construction inspection services ✔
✔
Docusign Envelope ID: 79217B77-F9A3-80B9-81C4-015E5886DAA8 6/22/2026 | 2:35 PM PDT
X
6/22/2026 | 4:05 PM PDT
Linus Vitkas, see page 9 of agreement
Role similar to existing disclosure categories and making discretionary decisions foreseeably impacting public financial interests

EXHIBIT B
111

Page 1 ends

25-1091

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 Quality Assurance Engineering, Inc. dba Consolidated Engineering Laboratories (“Consultant”), a(n) California Corporation.

RECITALS
City requires professional on-call geotechnical engineering, materials testing, special inspections, and construction inspection and administration services.

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

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

Docusign Envelope ID: 010A35D6-A421-8FD8-83CC-FBF88C0C0638

EXHIBIT C
112

Page 2 ends

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

Docusign Envelope ID: 010A35D6-A421-8FD8-83CC-FBF88C0C0638

EXHIBIT C
113

Page 3 ends

(g) Obtain and complete the appropriate City forms for the City to pay Consultant electronically via the Automated Clearing House (ACH). Those forms may be obtained by email at [email protected] or by calling Accounts Payable staff at (925) 960- 4345. If Consultant opts-out of electronic payment, it must likewise complete the appropriate City forms that can be obtained from th ose same sources for payment by check. The authority granted by those forms will remain in force and effect until the City receives written notification of changes, which changes shall not take effect for at least ten business days to afford City a reasonable opportunity to act; (h) Provide City with a complete Request for Taxpayer Identification Number and Certification Form W-9 using the form most recently issued by the Internal Revenue Service;
(i) Comply with all applicable state and federal laws , as well as Alameda County and City of Liv ermore ordinances, regulations, and adopted codes, when providing the Services;
(j) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested, and if requested by the Project Manager, Consultant shall certify the correctness of any invoice or invoices for Services provided. Consultant shall not submit an invoice to City more frequently than once a calendar month;
(k) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least three years from the date of City’s final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment. Consultant shall make the 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 a nd 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: 010A35D6-A421-8FD8-83CC-FBF88C0C0638

EXHIBIT C
114

Page 4 ends

5. Term. The term of this Agreement commences on 07/13/2026 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 $600,000 ("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.

Docusign Envelope ID: 010A35D6-A421-8FD8-83CC-FBF88C0C0638

EXHIBIT C
115

Page 5 ends

(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.

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

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

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

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

15. Acceptance of Work. City’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy , completeness, or competency of the 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 th at 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 S ervices involve making, or participation in making, governmental decisions or financial decisions by City that may have a material effect on Cons ultant’s financial interest s as determined by the City Attorney’s Office .

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

18. Levine Act Compliance . California Government Code section 84308 (Levine Act) prohibits City officers from participating in any action related to a contract, license, permit, or entitlement if the officer receives political contributions from a party, or participant, or agent t hereof, that totals more than $50 0 within the twelve months preceding the decision or within the twelve months following the date of the final decision.

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

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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.

TO CITY: Attention: Dennis Aberion
City of Livermore / Community Development
1052 South Livermore Avenue  Livermore, CA, 94550
[email protected]

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

TO CONSULTANT: Attention: Marty Meier
Quality Assurance Engineering, Inc. dba Consolidated
Engineering Laboratories

2001 Crow Canyon Road Suite 200
San Ramon, CA, 94583
United States
Email: [email protected]

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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.

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:

____________________________ ___________________________ Rob Morse
Senior 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”

SCOPE OF SERVICES

GEOTECHNICAL ENGINEERING & MATERIAL TESTING CONSULTING SERVICES, AND

CONSTRUCTION INSPECTION & ADMINISTRATION SERVICES ON AN ON-CALL BASIS

• Coatings inspection and testing at City facilities including the Water Reclamation Plant.

• Hazardous material testing and/or survey for the classification of excavation and off-haul material and soils for various sites.

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• SWPPP inspections and reporting. Develop SWPPP plans for construction projects and site monitoring.

• Quality assurance testing for paving and grading, and structures.

• Materials sampling & testing including but not limited to concrete, structural steel, fire proofing, post tension, asphalt concrete, aggregates, soils, coating & paints.

• Environmental testing of soils, groundwater, and gases as necessary for the development of soils management plans.

• Provide full-time construction inspection and contract administration for public works projects, private developments, and encroachment permits.

Responsibilities may include, but not limited to:

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CITY OF LIVERMORE - GEOTECHNICAL ENGINEERING & MATERIAL TESTING CONSUL TING, AND CONSTRUCTION INSPECTION & ADMINISTRATION SERVICES | 22

ATLAS GEOTECHNICAL

PERSONNEL RATE UNIT
Principal Engineer/Geologist/Scientist/
Hygienist
$245.00 Hour
Senior Engineer/Geologist/Scientist/
Hygienist
$225.00 Hour
Project Engineer/Geologist/Scientist/
Hygienist
$195.00 Hour
Staff Engineer/Geologist/Scientist/
Hygienist
$175.00 Hour
Assistant Engineer $150.00 Hour
Technician Supervisor $150.00 Hour
Field Technician/Soils Testing/Field
Compaction (Prevailing Wage)
$129.00 Hour
Laboratory Technician $110.00 Hour
Assistant Technician/Inspector (Special
Inspector)
$119.00 Hour
Administrative $95.00 Hour
General Construction Inspection (Staff
Augmentation)
$129.00 Hour
Depositions, minimum 4 Hours $350.00 Hour
Expert Witness, minimum 4 Hours $475.00 Hour
Nuclear Gauge (Portal-to-Portal) $105.00 Visit
Vehicle & Communication Equipment
Charge
$12.00 Hour
SOIL AND BASE MATERIALS RATE* UNIT
Moisture and Density Relationships
Compaction, Standard Proctor, ASTM D698 $350.00 Each
Compaction, Modified Proctor, ASTM
D1557
$350.00 Each
Compaction, Checkpoint, ASTM D1557 $195.00 Each
Compaction, California Impact, CT216 $335.00 Each
Moisture/Density, Sample Tubes, ASTM
D2216/D2937
$35.00 Each
Moisture Content, Bulk Sample, ASTM
D2216
$25.00 Each
Moisture/Density, to 2.5” diameter sample,
ASTM 7263b
$35.00 Each
Particle Size Analysis
Sieve Analysis w/ #200 Wash, ASTM D6913,
D1140
$120.00 Each
Sieve Analysis/Hydrometer, ASTM D6913,
D7928
$282.00 Each
Hydrometer, ASTM D7928 $177.00 Each
Minus #200 by Wash, ASTM D1140 $105.00 Each
Sieve Analysis, Bulk Sample Gradation,
ASTM C136/CT202
$215.00 Each
Soil Characteristics
Atterberg Limits (Plasticity Index), ASTM
D4318 / CT204
$230.00 Each
Soil Classification, ASTM D2487 $375.00 Each
Specific Gravity, D854 $115.00 Each
Permeability of Granular Soils (Constant
Head) ASTM D2434
$440.00 Each
Permeability, Flexible Wall, Cohesive Soil,
ASTM D5084
Quote on request
Permeability, Rigid Piston Driven, Cohesive
Soil, ASTM 5856
Quote on request
Volume Change
Consolidation, Method A Constant Load, 7
load increments, ASTM D2435
$485.00 Each
Consolidation, Method A Constant Load,
per load increment, ASTM D2435
$65.00 Each
Consolidation, Method B Timed per load
increment, ASTM D2435
$550.00 Each
Consolidation/Swell, Cohesive Soil, per
point, ASTM D4546, Method B
$445.00 Each
Consolidation/Swell, Cohesive Soil, per
point, ASTM D4546, Method C
$500.00 Each
Collapse Potential, ASTM D5333 $225.00 Each
Expansion Index Test (ASTM D4829) $540.00 Each
Expansion, Shrinkage, and Uplift Pressure,
ASTM D3877
$420.00 Each
Soil Strength
Direct Shear, 3 points, Unconsolidated-
Undrained, Q-test. ASTM D3080
$380.00 Each
List of Services & Fee Schedule
EFFECTIVE JANUARY 1, 2026 THROUGH DECEMBER 31, 2026
CITY OF LIVERMORE | EXHIBIT B
Proposed Annual Escalation Rate
The rates herein will be in effect through December 31, 2026. Thereafter, the unit rates are subject to a four percent (4%) increase to mitigate the annual operating cost increases.

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CITY OF LIVERMORE - GEOTECHNICAL ENGINEERING & MATERIAL TESTING CONSUL TING, AND CONSTRUCTION INSPECTION & ADMINISTRATION SERVICES | 23 Direct Shear, additional points,
Unconsolidated-Undrained, Q-test
$130.00 Each
Direct Shear, 3 points, Consolidated-
Undrained, R-Test
$380.00 Each
Direct Shear, 3 points, Consolidated-
Drained, ASTM D3080
$900.00 Each
Direct Shear, 3 points, Residual, ASTM
D6467
$880.00 Each
Direct Shear, per point, Residual, Each
Additional Cycle, ASTM D6467
$385.00 Each
Unconfined Compressive Strength, ASTM
D2166
$100.00 Each
Unconfined Compressive Strength (lime or
cement treated), CT373
$440.00 Each
Unconfined Compression, Field Prepared
CTB, per point ASTM D558, D1632, D1633
$200.00 Each
Triaxial Quote on request
Corrosivity
Corrosivity, Water Soluble Sulfate, ASTM
D4327
$74.00 Each
pH, ASTM 4972 $48.00 Each
Lab Resistivity $98.00 Each
Corrosivity (pH, resistivity, chlorides,
sulfate, sulfide) D4972, G57, D4327,
D4658M
$410.00 Each
Corrosivity, Caltrans (pH, chlorides, sulfate,
resistivity) CT 643, 417, 422
$350.00 Each

MISCELLANEOUS GEOTECHNICAL AND

ENVIRONMENTAL CHARGES
RATE* UNIT
All Other Direct Project Expenses (such
as contract drilling and backhoe services,
utility location, outside geotechnical or
analytical laboratory, special equipment
rental, commercial travel, protective
clothing, shipping, etc.)
Cost + 15%
Drone Rental $160.00 day
Mobilization (Environmental Only( $110.00 day
Sampling Supplies $85.00 day
Company Vehicle (Environmental Group
Only)
$110.00 day
Photoionization Detector (PID) $15.00 hour
Water Level Meter $35.00 day
XRF Unit - On-site Lead Analysis $127.00 day
Air Particulate $11.00 day

BASIS OF CHARGES RATE UNIT
Work Over 8 Hours per Day, or on Saturdays Time and One-Half Work Over 12 Hours Double Time
Work on Sundays/Holidays Double Time
Swing or Graveyard Shift Premium $15.00 Hour
Work from 0 to 4 Hours (technician services
only)
4-hour Min Billing
Work from 4 to 8 Hours (technician services
only)
8-hour Min Billing
Show-Up Time 2-hour Min Billing
Sample Pick-Up $130.00 Hour
Laboratory Testing - Rush Fee Testing Cost + 50%
Credit Card Payment Fee 2.5% Premium
Reimbursables Cost + 15%
QA/QC Plan Written Procedures Quote on Request
Travel Time (Portal to Portal) Basic Hourly Rate
Mileage $0.70 Mile
Per-diem, Including Lodging $160.00 Day

CONSOLIDATED ENGINEERING LABORATORIES

INSPECTION SERVICES RATE UNIT
ICC/AWS Inspector with NDT Equipment $129.00 Hour
ICC/AWS Inspector (Visual Only) $119.00 Hour
ICC Certified Inspector $119.00 Hour
Proofload Testing/Anchor Installation
Inspector
$110.00 Hour
Senior Building Inspector (Staff Augmen-
tation)
$129.00 Hour
Mechanical Inspector $139.00 Hour
Electrical Inspector $139.00 Hour
Plumbing Inspector $139.00 Hour
OSHPD IFC Premier Certified Firestop
Inspector
$129.00 Hour
DSA Masonry/Shotcrete Inspector $129.00 Hour
Soils Inspector with Nuclear Gauge (Por-
tal-to-Portal Charges Apply)
$129.00 Hour

SPECIALIZED SERVICES RATE UNIT
Pachometer $129.00 Hour
In-Place Brick Shear Tests (Masonry) -
Two-Person Crew (4-Hour minimum)
$245.00 Hour
Ground Penetrating Radar (GPR)
- One Man Crew $225.00 Hour
- Two Man Crew $330.00 Hour
Floor Flatness Testing:
- Surveying/Inspection $168.00 Hour
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CITY OF LIVERMORE - GEOTECHNICAL ENGINEERING & MATERIAL TESTING CONSUL TING, AND CONSTRUCTION INSPECTION & ADMINISTRATION SERVICES | 24 Phased Array Technician $149.00 Hour
Profileograph Technician $149.00 Hour
Profileograph Equipment Quote on request
CONCRETE RATE* UNIT
Concrete Mix Design Review $325.00 Each
Trial Batches, Prepared in Laboratory C192 $995.00 Each Length Change of Concrete (Shrinkage), set
of 3, ASTM C157, CT 530
$420.00 Each
Compression, 6X12 Cylinders, ASTM C 39,
CT 521
$39.00 Each
Compression 4x8 Cylinders ASTM C 39 $39.00 Each
Compression, Core (including end prepara-
tion), ASTM C 42
$105.00 Each
Compression, 3X6 Cylinders Lightweight
Insulating Concrete, ASTM C 495
$70.00 Each
Grout Compression, 2X2 Cubes, Each age,
ASTM C 109
$70.00 Each
Epoxy Grout 2x2 Cube Compression ASTM
C 579
$70.00 Each
Cylinders, Stored 60 days (hold cylinders) $45.00 Each Splitting TensileStrength, 6X12 Cylinders,
ASTM C 496
$135.00 Each
Unit Weight of Concrete Cylinders, ASTM
C 567
$105.00 Each
Unit Weight of Lightweight Insulating Con-
crete, ASTM C 495
$105.00 Each
Compression Test of Lightweight Insulating
Concrete, ASTM C 495
$105.00 Each
Flexural Strength of Concrete, ASTM C 78 $235.00 Each
Shotcrete Pre-Production Panel Evaluation,
Up to 12” Thick
$1,300.00 Each
Shotcrete Pre-Production Panel Evaluation,
12” to 24” Thick
$2,100.00 Each
Shotcrete Panel Core Compression Test,
ASTM C 42
$115.00 Each
SOIL MECHANICS RATE* UNIT
Moisture/Density Curve
Standard Proctor ASTM D 698 $345.00 Each
Modified Proctor ASTM D 1557 $345.00 Each
Checkpoint (ASTM or Caltrans) $170.00 Each
California Impact, CT 216 $350.00 Each
Rock Correction for Oversize Material,
ASTM D4718/CT216
$135.00 Each
Sieve Analysis
Bulk Sample Gradation, ASTM C 136/C117/
CT202
$215.00 Each
Material Finer than #200 Sieve, ASTM C 117 $105.00 Each Soil Mechanics
“R” Value, ASTM D 2844/CT 301 $450.00 Each
California Bearing Ratio, 1 pt. (ASTM D1883) $285.00 Each California Bearing Ratio, 3 pt. (ASTM D1883) $755.00 Each California Bearing Ratio, 3 pt. (ASTM D1883)
w/ 96 Hour soak
$860.00 Each
AGGREGATES RATE* UNIT
Sieve Analysis, Bulk Sample Gradation
(Coarse & Fine), ASTM C136/C117/CT202
$195.00 Each
Sieve Analysis, Material Finer than #200
Sieve, ASTM C 117/CT202
$95.00 Each
Sieve Analysis, Coarse Agg (3” to #4), ASTM
C136/CT202
$168.00 Each
Sieve Analysis, Fine Agg (#4 to #200), ASTM
C136/CT202
$168.00 Each
Specific Gravity (Coarse), ASTM C 127/CT
206
$147.00 Each
Specific Gravity (Fine), ASTM C 128/CT 207 $174.00 Each Absorption, Coarse Agg or Fine Agg , ASTM
C 127/ASTM C 128
$105.00 Each
Uncompacted Void Content of Fine Aggre-
gate CT234
$158.00 Each
Organic Impurities in Concrete Sand, ASTM
C 40/ CT213
$132.00 Each
L.A. Rattler, ASTM C 131 or C535/CT 211
(500 rev)
$310.00 Each
Clay Lumps & Friable Particles ASTM C142 $158.00 Each
Fractured Particles in Coarse Agg ASTM
D5821
$174.00 Each
Lightweight Particles in Aggregate ASTM
C123
$142.00 Each
Staining of Lightweight Aggregate ASTM
C641
$263.00 Each
Sulfate Soundness (per sieve size), ASTM
C 88
$142.00 Each
Unit Weight of Aggregates, ASTM C 29 $115.00 Each
Flat and Elongated Particles in Coarse
Aggregate, ASTM D4791
$190.00 Each
% Crushed Particles, CT 205 $263.00 Each
Cleanness Value, CT 227 $158.00 Each
Sand Equivalent, ASTM D 2419/CT 217 $137.00 Each
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CITY OF LIVERMORE - GEOTECHNICAL ENGINEERING & MATERIAL TESTING CONSUL TING, AND CONSTRUCTION INSPECTION & ADMINISTRATION SERVICES | 25 Durability Index (Coarse or Fine Agg) ASTM
D 3744/CT 229
$190.00 Each
Moisture Content of Aggregate ASTM C566 $53.00 Each
Potential Alkali Reactivity of Aggregates
ASTM C1260
$1,000.00 Each
C33 Coarse Aggregate Qualification Testing
(ASTM C33)
$3,156.00 Each
C33 Fine Aggregate Qualification Testing
(ASTM C33)
$2,850.00 Each
HOT MIX ASPHAL T (HMA) RATE* UNIT
Bulk Sp. Gravity of Compacted HMA (Plant
Mix) ASTM D2726/ CT 304, CT308
$110.00 Each
Bulk Sp. Gravity of Compacted HMA (Lab
Mix) ASTM D2726/ CT 304, CT308
$125.00 Each
Theoretical Max Spec. Gravity (Rice Density)
ASTM D2041/ CT 309
$195.00 Each
Stabilometer Value including Compaction,
ASTM D1560/ CT 366, per point
$185.00 Each
Asphalt Content (Ignition Oven Method)
ASTM D 6307/ CT382
$189.00 Each
Ignition Oven Calibration Factor ASTM
D6307/ CT382
$290.00 Each
Asphalt Content (Solvent Extraction Meth-
od) ASTM D2172
$375.00 Each
Sieve Analysis of Extracted Aggregate,
ASTM D5444/CT 202
$199.00 Each
Caltrans Complete HMA Tests (Rice or BSG,
S-Value, Ignition, Extracted Gradation)
$1,100.00 Each
Marshall Compaction (Lab Mix), set of 3,
ASTM D 6926
$420.00 Each
Marshall Compaction (Plant Mix), set of 3,
ASTM D 6926
$315.00 Each
Marshall Flow and Stability, per point,
ASTM D 6926
$89.00 Each
Effect of Moisture on AC (Tensile Strength
Ratio) ASTM D4867/ CT 371
$1,900.00 Each
Swell of Bituminous Mixtures, CT 304/305 $237.00 Each
ASPHAL TIC CEMENT RATE* UNIT
Penetration of Bituminous Materials at 77°F,
ASTM D5/AASHTO T49
$75.00 Each
Penetration of Bituminous Materials at 32°F
to 158°F, ASTM D 5/AASHTO T49
$110.00 Each
Kinematic Viscosity of Asphalt, ASTM D
2170/AASHTO T201
$179.00 Each
Absolute Viscosity of Asphalt, ASTM D2170/
AASHTO T201
$179.00 Each
Viscosity (Asphalt Institute Method) $205.00 Each
Rolling Thin Film Test, ASTM 2872/Cal 346/
AASHTO T240
$190.00 Each
Residue by Evaporation, ASTM D244/AAS-
HTO T59
$230.00 Each
Extraction and Recovery, ASTM D2172/
ASTM D 1856
$894.00 Each
MASONRY RATE* UNIT
Concrete Blocks
Compression, Gross Area, ASTM C 140 $115.00 Each
Compression, Gross Area, Unusual Shape,
ASTM C 67
$115.00 Each
Compression, Net Area, ASTM C 140 $105.00 Each
Absorption and Moisture, ASTM C 140 $158.00 Each
Linear Shrinkage ASTM C 426 $168.00 Each
Dimensional Measurement of Masonry
Units ASTM C 140
$68.00 Each
Bricks
Absorption, with saturation Coefficient,
ASTM C 67
$115.00 Each
Compression, ASTM C 67 $89.00 Each
Modulus of Rupture, ASTM C 67 $42.00 Each
Grout
Compression, Grout Prisms, ASTM C 1019 $95.00 Each
Compression, Mortar Cylinders, ASTM C 780 $60.00 Each
Compression, Composite Prisms, ASTM C
1314
$195.00 Each
Compression, Masonry Core, ASTM C 140 $110.00 Each
Shear, Masonry Core, CCR Title 24 $126.00 Each
REINFORCING STEEL - ASTM A 615/A706 RATE* UNIT
Tensile Strength and Bend Test
Samples, Size #3 - #10 $100.00 Each
Samples, Size #11 $126.00 Each
Samples, Size #14 $220.00 Each
Samples, Size #18 (Full Section) $474.00 Each
PRESTRESSING STEEL - ASTM A 416 RATE* UNIT
Uncoated 7 Wire Strand, 1/4” to 1/2”
Yield Strength, Breaking Strength, and
Elongation (Note: for Vinyl Coated Strands,
(add $ 45.00 per test; for Modulus of Elastic-
ity, add $ 45.00 per test)
$315.00 Each
Breaking Strength Only $205.00 Each
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CITY OF LIVERMORE - GEOTECHNICAL ENGINEERING & MATERIAL TESTING CONSUL TING, AND CONSTRUCTION INSPECTION & ADMINISTRATION SERVICES | 26 STRUCTURAL STEEL (mild steel not over
one inch thick)
RATE* UNIT
Tensile Strength, ASTM A 370 (test only)
Samples, Under 1-1/2 square inch in cross
section
$142.00 Each
Samples, 1-1/2 square inch and over in
cross section
$195.00 Each
Chemical Analysis $211.00 Each
Bending $89.00 Each
Anchor Bolts, ASTM F1554, tensile $211.00 Each
High Strength Bolts, Nuts, and Washers, ASTM A 325, A 490, A 449 Bolt Assembly Test $274.00 Each
Bolts Proof Load and Ultimate $115.00 Each
Nuts Proof Load $63.00 Each
Hardness (Rockwell) $32.00 Each
WELDMENT TESTING (mild steel not over
one inch thick)
RATE* UNIT
Transverse Tensile $142.00 Each
Transverse Side Bend $105.00 Each
Transverse Root and Face Bend $105.00 Each
Macroetch $105.00 Each

0.505” Tensile Specimen $142.00 Each
Charpy V-Notch Specimen Quote on Request
Preparation of WPS, PQR, or Welder Certif-
icate
$132.00 Each

NONDESTRUCTIVE TESTING RATE UNIT
Radiography
Radiographic Testing-Weld Procedure Qual-
ification (physical testing not included)
$580.00 Each
Consultation $137.00 Hour
One-Person Crew $137.00 Hour
Film $21.00 Each
Magnetic Particle Level III (ASNT) $139.00 Hour
Magnetic Particle Level II (ASNT) $129.00 Hour
Ultrasonic Level III (ASNT) $139.00 Hour
Ultrasonic Level II (ASNT) $129.00 Hour
Dye Penetrant Level III (ASNT) $139.00 Hour
Dye Penetrant Level II (ASNT) $129.00 Hour
ROOFING RATE* UNIT
Ply Count and Asphalt by Difference, ASTM
D 2829
$158.00 Each
Weight Analysis, ASTM D 2829 $84.00 Each
FIREPROOFING RATE* UNIT
Density of Sprayed on Fireproofing, ASTM E
605/UBC 43-8
$79.00 Each
Cohesion/Adhesion, ASTM E 736 $79.00 Each
FIRE/LIFE SAFETY SYSTEMS RATE* UNIT
Fire/Life Safety Systems Inspection $121.00 Hour
Mechanical Engineer $258.00 Hour
Staff Engineer $190.00 Hour
Final Affidavit (Request 6 Working Days
Advance Notice)
Quote on Request
GEOTEXTILE FABRIC RATE* UNIT
Tensile Strength by Grab Method $389.00 Each
Puncture Resistance, Index, ASTM D 4833 $267.00 Each
Trapezoidal Tear $296.00 Each
Mass Per Unit Area, ASTM D 3776 $198.00 Each
Simulated Asphalt Retention, ASTM D 4830 $487.00 Each
Unit Weight Analysis, ASTM S 2329 $84.00 Each
Ply Count and Void Analysis, ASTM D 2329 $158.00 Each
CEMENT RATE* UNIT
Storage of Grab Sample, 60 days $23.00 Each
Cement Content of Hardened Concrete,
ASTM C 1084
$2,600.00 Each
GFRC PANEL TEST RATE* UNIT
Flexural Testing, per P .C.I Recommended
Practice
$75.00 Each
Pullout Testing of Anchors, per P .C.I. Recom-
mended Practice
$122.00 Each
Fiberwrap Testing (ASTM D3039) $640.00 Set
MISC. TESTS & INSPECTIONS RATE UNIT
Calibration of Hydraulic Rams $263.00 Each
Universal Testing Machine with Technician $289.00 Hour Instron Testing Machine with Technician $289.00 Hour
Windsor Test Probes Quote on Request
Weld Procedure Review $325.00 Each
Expert Witness $3,200.00 Day

BASIS OF CHARGES RATE UNIT
Work Over 8 Hours Per Day Time and One-Half
Work Over 12 Hours, Monday-Friday Double Time
Work on Saturdays Time and One-Half
Work Over 8 Hours on Saturday Double Time
Work on Sundays/Holidays Double Time
Swing or Graveyard Shift Premium $15.00 Hour
Work from 0 to 4 Hours 4-Hour Minimum
Work from 4 to 8 Hours 8-Hour Minimum
Show-Up Time 2-Hour Minimum
Sample Pick-Up $130.00 Trip
Premium Sample Pick-Up (after 4 PM, be-
fore 5 AM, Weekends and Holidays)
2 x Pick-Up Rate
Docusign Envelope ID: 010A35D6-A421-8FD8-83CC-FBF88C0C0638

EXHIBIT C
134
CITY OF LIVERMORE - GEOTECHNICAL ENGINEERING & MATERIAL TESTING CONSUL TING, AND CONSTRUCTION INSPECTION & ADMINISTRATION SERVICES | 27 Trip Charge $100.00 Trip
*Laboratory Testing - Rush Fee Cost + 50%
Technician with Nuclear Gauge Portal-to-Portal
Final Affidavit per each Applicable Permit
(Request 6 working days in advance)
$500.00 Each
DSA Interim Verified Reports $150.00 Each
Extra Copies (Over 4 per Issue Date) of
Inspection Reports and Final Affidavit
$20.00 Each
Reports on CD $150.00 Each
Project Engineering and Management 10% of Fees
Credit Card Payment of Fees 2.5% Premium
Certified Payroll Processing $125.00 per invoice
Reimbursables Cost + 15%
QA/QC Plan Written Procedures Quote on Request
Out of Area Services (Beyond 40-Mile Radius)
Travel Time Basic Hourly Rate
Mileage $0.70 Mile
Per-diem, Including Lodging $160.00 Day
Docusign Envelope ID: 010A35D6-A421-8FD8-83CC-FBF88C0C0638

EXHIBIT C
135
Revised 10/20/2020

B10 – 3M E&O

Page 1 ends

EXHIBIT C

INSURANCE REQUIREMENTS

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

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

3. Workers’ Compensation and Employer's Liability:

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: 010A35D6-A421-8FD8-83CC-FBF88C0C0638

EXHIBIT C
136
Revised 10/20/2020

B10 – 3M E&O

Page 2 ends

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

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

Docusign Envelope ID: 010A35D6-A421-8FD8-83CC-FBF88C0C0638

EXHIBIT C
137
CI

TY OF LIVERMORE

DETERMINATION OF CONFLICT OF INTEREST

REPORTING FOR CONSULTANTS
C
onsultant Name (include name of specific person doing work if known).

C
ontract/Project Title.

B
rief Description of work to be done, or final product, and how it will be used.

Is the Consultant making, participating in making,
or influencing a governmental decision?
Yes ____; No ____.

Is the Consultant performing work that could or
would be done by an employee identified in the
City of Livermore Conflict of Interest Code?
Yes ____; No ____.

If YES, please identify the title for the designated
employee:

C
ompleted by Department Head
Signature: _________________________________ Date: _____________________ C
ity Attorney Determination:

Disclosure: [_] None [_] Category 1 [__] Category 2 [_] Category 3 [_] Category 4 Name and address of each individual subject to reporting requirements:

C
omments:

A
ssistant/City Attorney
Signature: ____________________________ Date: _____________________

THIS FORM IS TO BE

COMPLETED BY CITY

STAFF ONLY
Quality Assurance Engineering, Inc. dba Consolidated Engineering Laboratories Contract No. 25-1091
provide professional geotechnical engineering, materials testing, special inspections, & construction inspection services ✔
✔
Docusign Envelope ID: 010A35D6-A421-8FD8-83CC-FBF88C0C0638 6/23/2026 | 9:51 AM PDT
6/23/2026 | 2:37 PM PDT
X
Role similar to existing disclosure categories and making discretionary decisions foreseeably impacting public financial interests

Marty Meier, see page 9 of agreement

EXHIBIT C
138

CITY COUNCIL STAFF REPORT
ITEM NO. 6.8

DATE:

July 13, 2026
TO:

Honorable Mayor and City Council
FROM:

Carl Brown, Public Works Director
SUBJECT:

A resolution approving a 30-year potable water supply agreement between the City of Livermore and Zone 7 Water Agency.

RECOMMENDED ACTION

SUMMARY
Zone 7 Water Agency serves as the wholesale water provider for the City of Livermore and supplies treated potable water to the City's municipal water system. The existing agreement between the City and Zone 7 is approaching
expiration
, and a new long-term agreement has been negotiated to ensure the continued delivery of a reliable, high-quality water supply for Livermore residents and businesses.

The
proposed agreement
establishes
the terms and conditions under which Zone 7 will continue providing potable water to the City for a period of 30 years.

DISCUSSION
The City of Livermore
has
relie
d
on
the
Zone 7 Water Agency as its
s
ole
supplier of treated potable
water
since the inception of the Livermore Municipal Water system in the
196
0s
. Zone 7 develops, treats,
and delivers
potable
water to retail water agencies throughout the Tri-Valley area, including the Livermore Municipal Water system
.

Zone 7
accomplishes
this
by
managing a variety of water supply
projects and facilities including groundwater wells in the Tri-Valley, imported surface water from the State Water Project, remote groundwater banks, and
various other storage and supply projects.

The proposed 30-year agreement replaces
and succeeds
the existing water supply agreement and
formalizes the continued partnership between the City and Zone 7. The agreement
establishes
responsibilities related to water delivery, water quality standards, availability of
water
,

water conservation
,

operational coordination, and compliance with applicable state regulations.

139

FISCAL AND ADMINISTRATIVE IMPACTS

The proposed agreement does not require the appropriation of additional funds beyond those already budgeted annually in the Water Enterprise Fund for wholesale water purchases. The cost of purchasing water is passed through to the City’s municipal water customers as a separate charge on water bills. The purchase of water total cost for FY 2024-25 was $11.6 million.

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. Resolution

2. Exhibit A - Zone 7 Agreement

Prepared by: Jennifer
James
Administrative Technician

IN THE CITY COUNCIL OF THE CITY OF LIVEMORE, CALIFORNIA

A RESOLUTION APPROVING A POTABLE WATER SUPPLY
AGREEMENT BETWEEN THE CITY OF LIVERMORE AND ZONE 7
WATER AGENCY FOR A 30-YEAR TERM

Zone 7 Water Agency has been the exclusive provider of potable water to the City of Livermore’s municipal water system for more than 60 years. The existing Potable Water Supply Agreement is approaching expiration, and the City and Zone 7 Water Agency have negotiated a new 30 -year Agreement to ensure the continued delivery of potable water to Livermore Municipal Water customers.

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

1. Authorizes the City Manager to execute a Potable W ater Supply Agreement, attached hereto as Exhibit A, with the Zone 7 Water Agency, for a 30-year term, unless earlier terminated or extended by written agreement of the parties.

2. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including making minor changes to the Agreement, if necessary.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Kimberly Cilley
Helena Graves Kimberly Cilley
Acting City Clerk City Attorney

Exhibit A – Potable Water Supply Agreement
141

EXHIBIT A
142

EXHIBIT A
143

EXHIBIT A
144

EXHIBIT A
145

EXHIBIT A
146

EXHIBIT A
147

EXHIBIT A
148

EXHIBIT A
149

EXHIBIT A
150

EXHIBIT A
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EXHIBIT A
152

EXHIBIT A
153

EXHIBIT A
154

EXHIBIT A
155

EXHIBIT A
156

EXHIBIT A
157

EXHIBIT A
158

EXHIBIT A
159

EXHIBIT A
160

EXHIBIT A
161

EXHIBIT A
162

EXHIBIT A
163

EXHIBIT A
164

EXHIBIT A
165

EXHIBIT A
166

EXHIBIT A
167

CITY COUNCIL STAFF REPORT
ITEM NO. 6.9

DATE:

July 13, 2026
TO:

Honorable Mayor and City Council
FROM:

Marianna A. Burch, City Manager
SUBJECT:

Approval of minor revisions to the City Council Meeting Rules of Procedure to clarify the process for in-person remote speakers during Open Forum consistent with the City Council meeting agenda instructions and the City's website.

RECOMMENDED ACTION

SUMMARY
At the June 8, 2026, City Council meeting, the City Council revised the City Council Meeting Rules of Procedure in accordance with Senate Bill 707. To implement those revisions and ensure consistency with the City Council Meeting Agenda Instructions and the City's website, staff recommend minor revisions to the Rules of Procedure to clarify when in-person and remote speakers will provide public comment during Open Forum.

DISCUSSION
At the June 8, 2026, City Council meeting, the City Council adopted revisions to the City Council Meeting Rules of Procedure in accordance with Senate Bill 707.

To provide the City Council and the public with an efficient process for receiving public comment during Open Forum, staff have revised the City Council Meeting Agenda Instructions and the City's website to clarify the procedures for receiving public comment during Open Forum on non-agendized items. Under the revised process, in-person speakers will have up to 30 minutes during Open Forum to provide public comment on non-agendized items. Any remaining in-person speakers after the initial 30-minute period, along with all remote speakers on non-agendized items, will provide public comment after the conclusion of the City's regular business.

This process recognizes that many in-person attendees adjust work schedules, arrange childcare, and travel to City Hall to participate in City Council meetings. Providing an opportunity for in-person speakers 168
at the beginning of Open Forum while scheduling remote speakers after the City's regular business also enables staff to manage the public comment queue more efficiently and minimizes technical transitions during the meeting.

The revised process also establishes a clear and consistent framework for public participation. By identifying in advance when in-person and remote speakers will be called upon, the City provides greater transparency, reduces confusion, and allows members of the public to better plan their participation.

To ensure consistency between the City Council Meeting Rules of Procedure, the City Council Meeting Agenda Instructions, and information provided on the City's website, staff recommend minor revisions to the Rules of Procedure to clarify the procedures for in-person and remote public comment during Open Forum. These revisions are clarifying in nature and do not alter the policy direction adopted by the City Council.

FISCAL AND ADMINISTRATIVE IMPACTS

There are no anticipated costs for this item.

COMMUNITY PILLAR

5: A City that Works

GOAL

1: Engage Effectively with the Mayor and City Council

ATTACHMENTS

1. Redlined City Council Meeting Rules of Procedure

2. Resolution - Updated Rules of Procedure

3. Exhibit A - Rules of Procedure

Prepared by: Deborah
Davis
Executive Assistant

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
169

1 Revised 2026.0607

CITY COUNCIL MEETING

RULES OF PROCEDURE

1. Authority
These rules of procedure are established for the effective and fair conduct of City Council meetings and to help promote public confidence in the integrity of local government. By adopting these rules, the City Council intends to balance a policy of full a nd free public action and debate with a need to manage its meetings effectively. [36813 0F 1].

The rules also include expectations for appointments to the City’s advisory bodies and their conduct consistent with these rules, and the Mayor’s assignment of the Council Member’s offices and seats on the dais.

2. Purpose
The purpose of these rules is to document the City Council’s accepted practices and to clarify expectations by establishing guidelines for the orderly, consistent, and fair conduct of the City Council’s business.

These rules of procedure are intended to help implement, but do not limit or supersede, the state and local laws that govern the requirements and responsibilities for the City Council’s meetings. Those laws include, but are not limited to, the California Constitution, the Brown Act, the Political Reform Act, the Livermore Municipal Code, and the Livermore Development Code.

These rules of procedure are not intended to limit the inherent power or the general legal authority of the City Council, and failure to follow these rules will not invalidate a City Council action. [City of Pasadena v. Paine, (1954) 126 Cal.App.2d 93].

3. Rules of Parliamentary Procedure
The City Council has adopted Rosenberg’s Rules of Order, Revised 2011, as its rules of parliamentary procedure. In the event of a conflict between Rosenberg’s Rules of Order and these rules of procedure, these rules of procedure shall control.

4. Applicability
These rules of procedure apply to the preparation, posting, and distribution of the agendas for City Council meetings. They also relate to the orderly discussion of items and the City Council’s voting procedures to take formal action or provide direction to staff.

Lastly, they relate to respective powers for the Mayor and Council Members.

1 All citations are to the California Government Code unless otherwise noted. 170

2 Revised 2026.0607

5. Presiding Officer
The Mayor is the presiding officer for each meeting of the City Council that the Mayor attends. In the Mayor’s absence, the Vice Mayor shall be the presiding officer for the meeting when the Vice Mayor is present. In the absence of both the Mayor and the V ice Mayor, the Council Members present at the meeting shall select a presiding officer for that meeting. [36802].

6. Mayoral Duties and Responsibilities
The Mayor is directly elected at-large for a two -year term in November of each even - numbered year. The Mayor is a member of the City Council and has all the powers of a Council Member, except when exercising their unique mayoral duties. The Mayor enjoys, and shall not be deprived of, any rights and privileges as a Council Member. Additionally, the Mayor shall have all the powers and duties of an elective Mayor as provided by statute. [34903, 36803; LMC 2.04.020; 81 Ops.Cal.Atty.Gen. 75 (1998)].

6.1 Appointment of Vice Mayor and Vice Mayor Duties and Responsibilities The City Council has the statutory power to appoint a Council Member as mayor pro tempore, which position is titled Vice Mayor in Livermore. [34905, 36801].

The Vice Mayor shall be selected for a one-year term and shall be selected at the meeting certifying the election results in each even-numbered year and in December of each odd- numbered year. The Vice Mayor shall have all the powers and duties, including regional board and commission meeting assignments, of a mayor pro tempore as provided by statute. The Council Member selected as Vice Mayor typically rotates among the Council Members. By way of these rules, the City Council invites the Mayor to make the initial nomination of a Council Member for selection and appointment as Vice Mayor at the times designated herein.

If the Mayor is absent or unable to act, the Vice Mayor shall then serve for the Mayor, and shall have all of the powers and duties of the Mayor until such time as the Mayor returns or is again able to act. [34905, 36801].

6.2 Reserved

6.3 Seats on the Dais
The Mayor shall sit at the center of the meeting room dais for all City Council meetings.

If the Mayor is absent, the presiding officer shall sit at the center of the dais.

In December of each year, the Mayor shall assign the seats for the Vice Mayor and the Council Members on the dais. The Mayor should ask Council Members if they have any special needs that should be accommodated before making the assignments.

171

3 Revised 2026.0607

6.4 Council Member Rooms
The Mayor shall have use of office 216 at City Hall, or such other designation as that office may be given.

In December of each even-numbered year, the Mayor shall assign the use of rooms 218, 219, 220, and 222, or such other designation as those rooms may be given, to the Vice Mayor and the Council Members. Once assigned for use, each Council Member has the right to stay in a room they are occupying. The Mayor and each Council Member shall vacate their assigned rooms within two weeks of the date their respective terms of office expire.

7. Presiding Officer to Conduct Meetings
The presiding officer is responsible for conducting City Council meetings as follows:

7.1 Call to Order
The presiding officer shall call the meeting to order at the appointed time. If both the Mayor and the Vice Mayor are absent, then the City Clerk shall call the meeting to order and the Council Members present shall then select a presiding officer for that meeting who shall have the duties and responsibilities set forth in Section 5 Presiding Officer and this section for conducting the meeting.

7.2 Preservation of Order
The presiding officer shall preserve strict order and decorum, and shall discourage personal, verbal attacks on Council Members, staff, and/or the public , but shall not prohibit criticisms of the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council or members of the City staff. The presiding officer shall confine debate to the item under discussion. [36813, 38638, 54954.3, 54957.9].

7.3 Questions of Parliamentary Procedure
The presiding officer shall determine all questions of parliamentary procedure in consultation with the City Attorney and City Manager.

7.4 Reordering of Agenda
The presiding officer may reorder the items on the agenda for a noticed meeting to accommodate members of the public who wish to speak on an agenda item that would otherwise be considered by the City Council later in the meeting. The presiding officer shall announce the reorder prior to calling members of the public to speak during open forum.

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4 Revised 2026.0607

7.5 Motion to Be Stated
The presiding officer shall state all motions submitted for a vote by the City Council , announce the result of the vote, and identify the no votes and any Council Members that abstained or recused themselves from the vote. A roll call vote shall be taken for all teleconferenced and hybrid meetings, and may also be taken at any meeting upon the request of any Council Member. No action shall be taken by secret ballot, but electronic tabulation may be used to record and report roll call votes. [54953(b)(2) and 54953.8.

8. General Rules – City Council Meetings
The City Council endorses, and agrees to comply with, the Brown Act. In the event of a conflict between the Brown Act and these rules of procedure, the Brown Act shall control. [54950 et seq., 54953].

City Council meetings shall be open to the public, but the public shall be excluded from closed sessions as authorized by state law. [54953(a), 54957].

City Council meetings, except for closed sessions, shall be open to the media. The media shall be excluded from closed sessions as authorized by state law. [54953, 54953.5, 54957, 54957.9].

City Council meetings may be recorded by the public and the media, provided such recordings do not interfere with the orderly conduct of the meetings and do not constitute a persistent disruption of the proceedings.

City Council meetings shall include an opportunity for members of the public to attend via a two -way telephonic service or a two -way audiovisual platform unless an exception under state law applies. See Appendix A to these Rules of Procedure for exceptions to this requirement.

8.1 City Council Meeting Schedule
Each July, the City Council shall approve and thereafter follow an annual calendar for its regular meetings in the upcoming year. The annual calendar shall also identify dates for anticipated special meeting workshops. [36805]. When scheduling meeting dates, care should be taken to avoid conflicts with national holidays or dates that would preclude participation by members of the public due to religious or other observances.

8.2 Quorum
The presence of three Council Members shall constitute a quorum of the City Council necessary to transact business at a meeting. In the event a quorum is not in attendance, those attending the meeting will be named in the minutes, and they shall adjourn th e meeting to a set date, time, and location. If all Council Members are absent, the City Clerk shall adjourn the meeting to a set date, time, and location. [36810, 36811].

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5 Revised 2026.0607

8.3 Absences

8.3.1 Absence and Compelling Attendance
Council Members who are unable to attend a City Council meeting must request that the Mayor recognize the absence as excused . The purpose of an excused absence is not to relieve Council Members of their responsibility to be present, but is intended to provide the Mayor with an opportunity to ensure an absence is reasonable and to impress upon the Council Member, where necessary, the importance of regular attendance. The minutes shall note whether a Council Member’s absence is excused. If a Council Member is repeatedly absent, the City Council may adjourn from day -to-day to compel the absent Council Member’s attendance under the penalties prescribed by State law. [36513, 36810, 36813].

8.3.2 Absentee Participation
If a Council Member wants to participate remotely in a meeting, the appropriate way to participate is through a teleconferenced or hybrid meeting as provided for in Section 8.4.6 Teleconferenced and Hybrid Meetings. Absent Council Members are discouraged from communicating their opinions on agenda items to staff or other Council Members to present at the Council Meeting on behalf of the absent Council Member.

8.4 Types of Meetings

8.4.1 Regular Meetings
The City Council shall meet in the City Council Chamber in the Civic Center Meeting Hall for all regular City Council meetings. The regular meetings shall begin at 7:00 p.m. on the second and fourth Monday of each month, unless otherwise specified by posted notice. If the meeting date falls on a legal holiday, the Ci ty Council shall meet at a date and time designated by the City Council. Regular meetings with closed session items may begin between 5:00 p.m. and 7:00 p.m. depending upon the number and complexity of the matters to be discussed. [36805, 54954; LMC 2.06.030].

8.4.2 Special Meetings
Special meetings may be called by the Mayor, the City Manager, the City Attorney, or by a majority of Council Members consistent with applicable laws. The call and notice for a special meeting must specify the items to be considered and the date, time, and location for the meeting. [36807, 54956(a)].

The City Council may take final action at a special meeting that is not a workshop.

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6 Revised 2026.0607

8.4.3 Special Meeting Workshops
The City Council may meet in special meetings designated as workshops that are called by the Mayor, the City Manager, or by a majority of Council Members consistent with applicable law . Workshops are special meetings intended for training purposes such as ethics training, sexual harassment prevention and education, and specific technical subjects such as land use. Special meeting workshops are also intended for the City Council to work with staff to develop administrative items such as the budget, for the City Council to receive public input on matters of community wide concern, and for similar activities.

Workshops are open to the public and are meetings for purposes of the Brown Act.

The City Council may provide direction, but unlike other special meetings the City Council may not take a final action at a workshop. [54956].

8.4.4 Closed Session Meetings
Closed sessions may only be held as authorized by state law and shall be held in accordance with the provisions of the Brown Act. The closed sessions may precede or follow a regular meeting or be called as a special meeting. In addition to the provisions i n Section 8.4.2 Special Meetings , the City Attorney or City Manager may call and notice closed session meetings as special meetings. [54954.5, 54956.5, 54956.7-54957.1, 54962].

After meeting in closed session, the City Council shall reconvene in open session and make a public report, either orally or in writing, of any reportable action taken in the closed session and the related vote tabulation. [54957.1, 54957.7].

Closed session matters should be managed within the expected time limits for all items. Lengthy closed session matters should be scheduled at the end of a Council Meeting or as a separate special meeting. If a closed session is scheduled before the start of a regular Council meeting, it should conclude no later than 10 minutes before the start time for the regular Council meeting. When necessary, if a closed session precedes a regular meeting but is not con cluded, then it may be reconvened at the conclusion of that regular Council meeting, but that should be avoided when possible.

8.4.5 Concurrent and Joint Meetings
The City Council may concurrently convene the meetings for the City Council and any other legislative body comprised of the Council Members. [54952.3].

Joint meetings of the City Council and any other legislative body or bodies shall be noticed as a meeting for each body.

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7 Revised 2026.0607

8.4.6 Teleconference or Hybrid Meetings
The City Council may meet from different locations connected by electronic means consistent with the provisions of the Brown Act effective at the time of the scheduled meeting. When scheduling a teleconference or hybrid meeting, the City Clerk should consult with the City Attorney to identify the applicable notice, conduct, and participation requirements for the meeting. The preferred procedures for teleconference or hybrid meetings are set forth in Appendix A. [54953(b)(c), 54953.8, 54953.8.3].

8.4.7 Adjourned Meetings, and Adjourned Regular Meetings Any meeting of the City Council may be adjourned to a later date, time, and location, and the notice of adjournment shall be posted within 24 hours on or near the door of the place where the adjourned meeting was held. However, if the adjourned meeting is to reconvene less than 24 hours after adjournment, then a copy of the order or notice of the continuance shall be posted immediately following the meeting. [36809, 54955].

The Mayor, presiding officer, City Manager, or majority of Council Members may call for an adjourned regular meeting in consultation with the City Attorney to conduct a regular meeting on a date other than on a regular meeting date on the City Council’s annual calendar. [54955]

8.4.8 Emergency Meetings
As provided in the California Government Code, if at least three Council Members determine that a catastrophic event has caused an emergency situation to exist as defined by law, then the City Council may immediately hold an emergency meeting without complying with the usual notice requirements for regular and special meetings. [54956 and 54956.5]. This rule in no way limits the powers and responsibilities set forth in Livermore Municipal Code Chapter 2.56 Emergency Organization for the Livermore emergency services council and for the director of emergency services.

8.4.9 City Council Committees
The City Council may create standing and ad hoc City Council subcommittees , which creation shall occur at a duly noticed Council Meeting.

Care should be taken to not overburden staff, and therefore, City Council subcommittees should only be created in consultation with the City Manager and the City Attorney. City Council subcommittees should be created judiciously. Staff support shall only be provided to those City Council committees duly created as set forth in these rules.

Ad hoc City Council subcommittees are intended to be useful and efficient vehicles for less than a quorum of Council Members , with appropriate support staff, to 176

8 Revised 2026.0607
explore and develop items for placement on a duly noticed City Council meeting agenda for the City Council to discuss and then provide direction or take action.

City Council standing subcommittees comprised of less than a quorum of the City Council and that have continuing subject matter jurisdiction or a fixed meeting schedule established by the City Council, shall comply with the Brown Act and follow these rules of procedure. [54952(b)].

Ad hoc City Council subcommittees comprised solely of less than a quorum of the City Council and that are limited to both a defined task and a duration that is less than one year, are not subject to the Brown Act and are not required to follow these rules of procedure. [54952(b); Frazer v. Dixon Unified School District , (1993) 18 Cal.App.4th 781].

Any City Council subcommittees comprised of less than a quorum of the City Council and have other persons as members, shall comply with the Brown Act and follow these rules of procedure. [54952(b); Joiner v. City of Sebastopol, (1981) 125 Cal.App.3d 799].

The City Manager shall keep a record of all standing and ad hoc City Council subcommittees that reflects the committee’s creation date, composition, task, duration, and sunset date. The City Manager shall advise the City Council at a duly noticed Council Meeting of any ad hoc subcommittee that has not sunset within one year of its creation so that the City Council can consider whether to terminate the ad hoc subcommittee or reconstitute it as a standing committee.

8.5 Notice and Agenda Posting
The City Clerk shall post the notices and agendas for each City Council meeting in the kiosk in front of the Civic Center Meeting Hall, on the City’s website, the Civic Center Library and at all other locations within the City where the meeting will be held.

When state law requires that the City provide a means by which the public may remotely hear and visually observe a meeting, and remotely address the City Council, the agenda shall include a description of how members of the public may access the meeting an d offer public comment. [54953.8(b)(2)]
Any requirement to post notices and agendas at a remote teleconferenced or hybrid meeting location outside the City’s jurisdiction shall be the responsibility of the Council Member attending the meeting from that location. [54954.2].

8.5.1 Regular Meetings
It is the City Council’s goal that the agendas for regular meetings should be posted at least 6 days before the meeting dates, but in no event shall the agenda for a regular meeting be posted less than 72 hours before the meeting date. [54954.2].

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8.5.2 Special Meetings and Workshops
Notice of the call for a special meeting must be delivered and received by each Council Member and the media at least 24 hours before the special meeting, and must be posted at least 24 hours before the special meeting date. To the extent possible, it is t he City Council’s goal that the notice and agendas for special meeting workshops should be posted at least 6 days before the meeting dates, and in no event shall the notice and agenda for a workshop be posted less than 24 hours before the meeting date. [54956].

8.6 Actions Limited to Posted Agendas
The City Council shall not discuss or take action on any item of business not appearing on the posted notice or agenda for a duly noticed Council meeting. However, as permitted by the Brown Act, Council Members and staff may briefly respond to statements made or questions posed by the City Council or by members of the public addressing the City Council. City Council members should refrain from rejoinders to perceived derogatory or repugnant public comments during council meetings. Council Members may ask a question of City staff or a speaker for clarification, make a brief announcement, or make a brief report on their own activities.

Similar to section 8.4.8 Emergency Meetings, upon determination by three Council Members that an emergency situation exists as required by law, or upon a determination by four Council Members (or all members present if less than four are in attendance) that there is a need for immediate action that came to the City’s attention after the meeting agenda was posted, the agenda may be amended as provided by law to add an item for consideration and action. [54954.2, 54956, 54956.5].

8.7 Continuance of Agenda Items
Items listed on a posted agenda should not be continued or postponed absent good cause.

8.7.1 Discovery of Good Cause Before an Item is Considered If good cause to continue an item is discovered by City staff after a notice or agenda is posted but before the meeting commences, then after calling the meeting to order the presiding officer shall identify the item and announce that it has been continued.

8.7.2 Good Cause to Continue During Consideration
Once an item has been taken up for consideration, City staff, a Council Member, or a participating party as defined in Section 10.6.3 Participating Parties may request a continuance of the item. The item may only be continued following a majority vote of the Council Members present.

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8.7.3 Public Comment for a Continued Item
If the opportunity for the public to address the City Council has concluded, or the public hearing portion of an item was formally closed, and the item was returned to the City Council for deliberation before it was continued, then the opportunity for public comment on the item will not be reopened absent a motion by the City Council. [54955].

8.8 Consideration of items after 11:00 p.m.

8.8.1 Canvass and Reorder
At 10:30 p.m., or as soon thereafter as practical, the presiding officer shall canvass staff and Council Members present to identify the remaining agenda items for consideration. The presiding officer will then identify what items will be considered or continued, and in what order. Once the presiding officer outlines the balance of the agenda, it may not be amended absent an appeal by a Council Member.

If the City Manager, Mayor, presiding officer, or a City Council Member believes the duly noticed agenda for a Council meeting is not likely to be completed in one day, then the City Clerk shall poll the Mayor and Council Members in advance of the meeting to determine their availability to reconvene later that same week. To accommodate members of the public so they do not have to rearrange their schedules, to the extent possible, the public comment period for an item that was started should be completed before the continuance of an item.

8.8.2. No New Items Considered after 11:00 p.m.

The City Council shall not begin consideration of any items on an agenda after 11:00 p.m., but may complete their consideration of an item that was commenced prior to 11:00 p.m.

8.8.3 Exceptions
The City Council may commence consideration of an item after 11:00 under the following circumstances:
a. An item is subject to a legal deadline, such as a project application subject to the Permit Streamlining Act; or,
b. The City Council votes to allow consideration of the item after 11:00 p.m.

8.9 Breaks.

The presiding officer shall provide for a 10 -minute break after approximately every two hours of meeting time . The break should be called a t a convenient point in the proceedings closest to the two-hour mark. Council Members may request breaks at other 179

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times as needed. Council Members and staff are expected to return promptly at the designated time to resume the meeting.

8.10 Points of Order, Privilege, and Personal Privilege A Council Member may ask for a point of order, at which time the presiding officer will ask for an explanation. Appropriate points of order relate to matters that a Council Member considers inappropriate conduct for the meeting, such as the failure to observe these Rules of Procedure, the City Council’s Values and Norms, or the rules of parliamentary procedure.

A Council Member may seek a point of privilege. If so, the presiding officer shall ask for an explanation of the Council Member’s point. Points of privilege generally relate to matters that interfere with a normal flow or comfort of the City Council’s meeting, such as the inability to hear testimony because of disruption.

A Council Member may ask for a point of personal privilege when the integrity, character, or motives of the Council Member are called into question by a speaker , or where the welfare of the City Council is concerned.

If a speaker is interrupted by a point of order, privilege, or personal privilege, the remainder of a speaker’s time will be preserved by the City Clerk until the point is resolved.

8.11 Minutes

8.11.1. All Proceedings Recorded
An account of all open meetings of the City Council shall be recorded, and action minutes prepared, by the City Clerk. [36814, 40801]. After the City Council approves the meeting minutes, the City Clerk shall enter them into official minute books of the City Council. The City Attorney may prepare attorney work product notes for closed session meetings attended. [36814].

8.11.2 Approval
The minutes for a City Council meeting shall be reviewed and approved as set forth in this section.
a. The City Council shall approve minutes for a regular meeting, special meeting, and special meeting workshops, except that City Council approval is not required for the City Attorney’s closed session attorney work-product notes. b. A Council Member may not approve the minutes for any City Council meeting that the Council Member did not attend, unless the Council Member observed the meeting or reviewed a video or audio recording prepared for that meeting.

Also, a Council Member may no t approve the minutes for a meeting that they were not eligible to attend as a Council Member. The minutes may be approved 180

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by a majority of the remaining eligible Council Members, or by a lone eligible Council Member.
c. If no Council Members are eligible to approve the minutes for a City Council meeting, then the City Clerk shall attest to the accuracy of the meeting minutes and enter them into official minute books of the City Council.

8.11.3 Preferred Method of Recordation and Minutes City Council meetings may be recorded by electronic means. The preferred methods for recording City Council meetings are set forth in Appendix B. [54953].

8.12 Staff Attendance

8.12.1 City Manager
The City Manager shall attend all City Council meetings unless excused by the Mayor, and the City Manager’s designee attends. [LMC 2.08.060.F]. The City Manager may make recommendations and shall have the right to take part in all discussions of the City Council, but shall have no vote.

8.12.2 City Attorney
The City Attorney shall attend all City Council meetings unless excused by the Mayor, and an Assistant City Attorney attends. Upon the City Council’s request, the City Attorney shall provide opinions and recommendations, either written or oral, on questions of law and procedure.

8.12.3 City Clerk
The City Clerk shall attend all City Council meetings unless excused by the City Manager, and in their absence, the City Clerk’s designee shall attend. The City Clerk shall record, prepare, and maintain the official record of the City Council’s proceedings and perform other related duties as may be prescribed by the City Council and the City Manager. [36814, 40801].

8.12.4 Department Heads/Employees
Department Heads and employees shall attend City Council meetings as directed by the City Manager. The City Manager and City Attorney are encouraged to minimize the number of employees and consultants attending the meetings in - person.

8.12.5 Sergeant-at-Arms
A Sergeant-at-Arms, who shall typically be a sworn member of the City’s Police Department, shall attend City Council meetings as directed by the City Manager. [38638].
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8.13 Meetings That Are Not Subject to the Brown Act
As provided by the Brown Act, a quorum of the City Council may attend conferences and similar gatherings, open community meetings organized by a person or organization other than the City Council, open and noticed meetings of another legislative body other than a City advisory body, and social and ceremonial gatherings without complying with the notice and agenda requirements in these rules of procedure, provided that the Council Members do not discuss among the mselves business of a specific nature that is within the City’s subject matter jurisdiction. [54952.2(c)(3)-(5)].

Meetings of an ad hoc City Council subcommittee are not subject to these rules of procedure unless the City Council expressly state s that the subcommittee shall follow these rules. [54952].

Briefings of less than a quorum of the City Council are not subject to these rules of procedure provided the briefings comply with the Brown Act. [54952.2; Wolfe v. City of Fremont, (2006) 114 Cal.App.4th 533].

9. Agenda Development
The City Manager is responsible for preparing the City Council’s meeting agenda to present items requiring direction or action by the City Council. Items may also be placed on an agenda for City Council consideration in the following ways: by direction of a duly created City Council subcommittee with the City Manager’s concurrence; by direction of the City Attorney in consultation with the City Manager; by direction of a majority of Council Members during the matters initiated portion of the agenda to place an item on a future agenda; and under any processes set forth by statute or ordinance that requires City Council action, including City Council consideration of land use matters, appeals, and other matters as set forth in the Livermore Municipal Code and the Livermore Development Code.

The agenda shall contain a brief general description of each item of business to be transacted or discussed, including any items to be discussed in closed session. [54954.2, 54954.5].

10. Order of Business – Regular Meetings
The usual order of business for regular meetings shall be as follows:

10.1 Call to Order
This portion of the agenda is for roll call, the pledge of allegiance, and the reporting out from any closed session items that may have occurred prior to the meeting.

10.2 Proclamations and Presentations
This portion of the agenda is for City proclamations to recognize significant community events, people, or days. The presiding officer shall read and present, or designate a 182

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Council Member to read and present , the proclamations. The City Manager, or their designee, may develop a policy regarding proclamations as a guide. It is also for City advisory bodies to make brief presentations to the City Council on their activities. As authorized by the presiding officer or the City Manager, this portion of the agenda may be also be used to accommodate requests from other local, regional, or state legislative bodies and elected officials wishing to make brief presentations to the City C ouncil concerning activities of interest to the City.

These are ceremonial matters and not action items by the City Council. While the preference is for proclamations to be included in the posted agenda, the desire to recognize a significant community event, person, or day may arise or be discovered after an agenda is posted. In that case, the presiding officer may make additional proclamations at a City Council meeting so long as they do not unduly interfere with the City Council’s business.

The public does not have the right to address the City Council during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].

10.3 Confirmation of Advisory Body Appointments
This portion of the agenda is for City Council confirmation of appointments to advisory bodies and to administer the oath of office to advisory body members. The public has the right to address the City Council during this portion of the agenda.

10.4 Open Forum
This portion of the agenda is for any member of the public attending in person or participating remotely to address the City Council on any item of interest to the public that is within the City Council’s subject matter jurisdiction. However, to prepare and preserve a proper administrative record, public comments concerning an item listed elsewhere on the agenda should be reserved and addressed to the City Council when that item is called for consideration.

Open forum for in-person speakers shall be permitted for up to be limited to 30 minutes, usually before the consent calendar. If there are additional in-person speakersmembers of the public who wish to speak at the conclusion of the 30 -minute time period, or any speakers participating remotely, then the presiding officer shall reconvene the open forum at the conclusion of the matters for consideration portion of the agenda unless the presiding officer announces that open forum is reordered to a different place on the agenda.

The procedures for public comments during open forum are set forth in Section 1 2 Speaker’s Rights.

10.5 Consent Calendar
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The consent calendar portion of the agenda is for routine items that are not expected to require City Council discussion. Examples of items for the consent calendar include the approval of minutes, resolutions confirming actions from a previous meeting, th e introduction and adoption of ordinances, the processing of administrative items such as the approval of contracts and delegation of authority to execute them on behalf of the City, the acceptance of public improvements, and other routine items requiring City Council approval by ordinance, resolution, or law. Any Council Member may pull an item for separate discussion. Members of the public may address the City Council on consent calendar items by following the procedures set forth in Section 12 Speaker’s Rights.

The items on the consent calendar are generally approved by the City Council by a single motion, but separate motions may be appropriate to accommodate a conflict of interest, an absence, or other Council Member interests.

10.6 Public Hearings
The public hearing portion of the agenda is reserved for items that require, by statute , ordinance, or practice, a noticed public hearing for action. The public hearing items shall be noticed as required by law. [6060].

The procedures for public hearings are as follows:

10.6.1 Introduction
The presiding officer shall call each item for hearing and consideration. If there are related public hearing items, the presiding officer has the discretion to concurrently call the related items for hearing and consideration.

10.6.2 Staff Presentation
A member of City staff will then:
a. Introduce themselves and the item by identifying the report and other written material included in the agenda packet for the City Council’s consideration, as well as any written comments received from the public. b. Identify any supplemental written materials that have been provided to the City Council for consideration, which were received or prepared for the item after the meeting agenda was published.
c. Identify any other staff members or consultants that will be part of the staff presentation or are otherwise present and available for City Council questions.
d. State whether the applicant is present and whether the applicant intends to make a presentation to the City Council.
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f. Identify any elements or findings required to approve the item of business, and the facts or information supporting those elements or findings.

10.6.3 Participating Parties
Following the staff presentation, the applicant, appellant, and other named participant in the item that is party to an agenda item (collectively “participating parties”) may address the City Council. Participating parties shall address the City Council following the procedures set forth in Section 12 Speaker’s Rights.

After the presiding officer determines that no other participating parties wish to address the City Council on the hearing item, the presiding officer will open the public hearing.

10.6.4 Opening and Closing the Public Hearing
The purpose of the public hearing is to provide members of the public who attend in person or participate remotely with an opportunity to address the City Council concerning the hearing item, as well as to express their support or opposition of the item. The presiding officer will formally announce the opening of the public hearing and invite members of the public to address the City Council on the hearing item. Public speakers shall address the City Council following the procedures set forth in Section 12 Speaker’s Rights.

After the presiding officer determines that no other member of the public wishes to address the City Council on the hearing item, the presiding officer will formally close the public hearing and return the item to the City Council for City Council questions and comments.

10.6.5 City Council Questions or Comments
Following the staff presentation, comments by the participating parties, and public comments during the public hearing, if any, the City Council may ask questions of City staff, consultants, and participating parties, or make comments on the item.

10.6.6 City Council Deliberation
Following City Council questions and comments, the presiding officer will invite the Council Members to discuss the item to develop concurrence for a motion. Council Members may continue to ask questions of staff, consultants, and the participating parties as part of their deliberations. The procedures for City Council deliberation are set forth in Section 13 City Council Deliberation.

10.6.7. City Council Action
After City Council deliberation, the presiding officer shall call for a motion and a second as set forth in Section 14 Motions, and the City Council may make such motions as set forth in that section.
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If the motion seconded for consideration is substantially different than the recommended action in the published staff report, the presiding officer may, but is not required, to invite public comments on the motion. If the invitation is extended, then speakers will be limited to either one minute to comment on the motion or such other time specified by the presiding officer. The City Council has discretion to debate the decision by the presiding officer whether or not to hear further comment. If invited, public speakers shall address the City Council following the procedures set forth in Section 12 Speaker’s Rights.

10.7 Matters for Consideration
This portion of the agenda is for items of business that require City Council action or direction, the receipt of reports, or that would benefit from City Council discussion that do not also require a public hearing. Generally, the procedures for this portion of the agenda follow the same procedures found in Section 10.6 Public Hearings, except that the public hearing is replaced by the opportunity for the public to comment after the staff presentation.

Prior to deliberating on matters for consideration, the City Council shall receive public comment as provided for in Section 12 Speaker’s Rights. After receiving public comment, the City Council shall deliberate as set forth in Section 1 3 City Council Deliberation and shall receive the report, take action, or provide direction as set forth in Section 14 Motions.

10.8 City Council Reports and Matters Initiated by Staff and City Council This portion of the agenda is for:

1. Each member of the City Council to provide brief reports on any intergovernmental agency meetings, conferences, community meetings, meetings of other legislative bodies, or other events of interest to the community . For efficiency and completeness, each Council Member should use the activity reporting spreadsheet and submit their reports to the City Clerk by the deadline set by the City Clerk on the day of the Council meeting so the report can be included in the supplemental materials distributed in advance of the meeting. Council members are encouraged to highlight in their oral presentations only those events of most interest to the community. Items listed in the written City Council Reports are not included in the meeting minutes, even if highlighted during the Council Member’s oral comments.

These items are considered part of the official record via the supplemental packet.

If a Council Member shares information during the meeting that is not included in their written report, that information will be captured in the meeting minutes. To the extent practical, Council members should report on significant decisions being considered by the regional boards, commissions, and committees to which they have been appointed for the City . For those events that the Council Member attended at the City’s expense , it is the City Council’s preference to satisfy th e expense reporting requirement by submitting a written report of the activities attended. [53232.2(d)];
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2. The City Manager, City Attorney, and City staff to provide information of community interest to the City Council and to seek direction from the City Council concerning items to be included on future agendas;

3. The City Council to provide guidance and direction to staff concerning items to be included on future agendas and information to be provided in response to questions raised during open forum;

4. The City Council to request a matters initiated for staff to provide information, perform studies, or undertake other administrative functions or to develop information for Council action at a future meeting. Before requesting a matters initiated, the initiating Council Member is expected to confirm with the City Manager that there is adequate staff resource capacity to address the request, and the City Attorney to the extent the matter involves legal review . If the requested action is routine in nature, the City Manager will direct staff to proceed. Howeve r, if the request cannot be accomplished within the approved budget or City Council priorities, or will involve substantial staff resources, the City Manager will report to the City Council at a subsequent City Council meeting and request further direction. At that time, the consensus of a majority of the City Council will be required to proceed.

Members of the public do not have the right to address the City Council during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].

10.9 Adjournment
This portion of the agenda is for the presiding officer to adjourn the City Council meeting at the conclusion of business and announce its next meeting. The meeting may be adjourned to a regular meeting, special meeting, special meeting workshop, adjourned regular meeting, or adjourned special meeting. The presiding officer may adjourn the meeting in honor of a distinguished Livermore resident or other person of community interest that has passed away.

The presiding officer may simply adjourn the meeting after the conclusion of the business items, however, a djournment at any other point in the meeting other than after the conclusion of the business items on an agenda will require a formal motion by the City Council.

11. Order of Business – Special Meetings and Workshops
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The usual order of business for special meetings and workshops shall be as follows:

11.1. Call to Order
This portion of the agenda is the same as it is for a regular meeting.

11.2. Public Comment
The purpose of this portion of the agenda is to provide the public with the opportunity to address the City Council on only those items listed in the posted notice and agenda for the special meeting or workshop. Public comment shall be received immediately after the staff presentation, if any.

Public speakers shall address the City Council following the procedures set forth in Section 12 Speaker’s Rights.

However, unlike a regular meeting, the agendas for special meetings and workshops will not include an open forum for the public to address the City Council on any item of interest to the public that is within the City Council’s subject matter jurisdiction, unless that opportunity is expressly included in the agenda.

11.3 Special Meeting Item and Workshop Item
Generally, the procedures for this portion of the agenda follow the procedures in Section

10.6.1 Introduction, 10.6.2 Staff Presentation , 10.6.5 City Council Questions and Comments, and 10.6.6 City Council Deliberation. The City Council may take a final action at a special meeting, but not at a workshop, as set forth in Section 8.4.2 Special Meetings and Section 8.4.3 Special Meeting Workshops

11.4 Adjournment
This portion of the agenda is the same as it is for a regular meeting.

12. Speaker’s Rights
A City Council meeting is a limited public forum. [78 Ops.Cal.Atty.Gen. 224 (1995); Kindt v. Santa Monica Rent Control Bd. (9 th Cir. 1995) 67 F.3d 266; White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; Leventhal v. Vista Unified School District (SD Cal. 1997) 973 F.Supp. 951]. Members of the public have the right to address the City Council and to attend its meetings, except for closed sessions and other meetings that permit the public to be excluded as a matter of law. During the open forum portion of a regular meeting agenda, members of the public have a right to address the City Council on any item of interest to the public that is within the City Council’s subject matter jurisdiction.

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Council considers or takes action on an item on any regular meeting agenda, except for items properly listed or considered in the Call to Order, Proclamations and Presentations, City Council Reports and Matters Initiated by Staff and City Council, and the Adjournment portions of the agenda. Members of the public shall be provided an opportunity to address the City Council concerning any item that is described in the notice for special meeting workshops and special meetings. [54954.3].

The procedures for addressing public comments to the City Council are as follows:

12.1 Addressing the City Council
Members of the public, attending in person or participating remotely, who want to address the City Council during open forum or before the City Council considers or takes action on an item are asked to submit must indicate their desire by personally submitting a request to speak to the City Clerk, or their designee, using the methods specified by the City Clerk in the agenda for that meeting. A member of the public may not submit a request to speak on behalf of any other person. The methods for addressing the City Council will be described at each meeting. The City Clerk will prominently display the methods to address the City Council in the hallway outside the City Council Chamber or other location where the City C ouncil gathers in person for a meeting and on the City’s website.

The presiding officer shall open public comment during open forum and for agenda items by asking the City Clerk whether there are any members of the public who wish to address the City Council. If there are, the presiding officer will then ask the City Clerk to manage the process for calling on in person speakers and sp eakers participating remotely as described in Sections 10.4 Open Forum and 12.3.1. Speakers may request the opportunity to address the City Council until the City Clerk announces that there are no more speakers who have expressed their interest to address the City Council. At that time, the presiding officer will close the public comment period. Once the presiding officer closes the public comment period, no more additional requests to address the City Council during open forum or for the agenda item will be accepted absent invitation by the presiding officer.

The purpose of submitting a request to speak is to help the presiding officer conduct the City Council’s meetings and to complete its business in an orderly fashion. The intent is not to limit testimony. Therefore, a member of the public will not be denied an opportunity to speak if a request to speak does not provide all of the information requested from a speaker or because a speaker wants to remain anonymous. Speakers who have not submitted a request to speak on time may be heard by the presiding officer’s recognition or by another Council Member’s successful appeal. [White v. City of Norwalk, (9 th Cir. 1990) 900 F.2d 1421].

12.2 Speaker Time Limit
The amount of time allotted to each member of the public attending in person or participating remotely and wishing to address the City Council shall be limited to a 189

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maximum of three minutes. For the consent calendar, a speaker’s time is limited to a single comment with a maximum of three minutes for all consent calendar items , except for items that are pulled by a Council Member for separate discussion, in which case the speaker’s time shall be limited to a maximum of three minutes on the item pulled for discussion and a separate opportunity to speak of up to a maximum of three minutes for the balance of the consent calendar. Individual members of the public may not yield their allotted time, or any remaining portion thereof, to anyone else. The presiding officer may reduce the amount of time allotted to each speaker based upon the number of persons wishing to speak, the complexity of the item if one is being considered, the anticipated time reasonably needed to complete the remaining items on the meeting agenda, and other reasonable factors. Members of the public participating remotely will be given the same time allotment to address the City Council as members of the public attending in person. [54954.3(b), 54953.9; Kindt v. Santa Monica Rent Control Bd. (9 th Cir. 1995) 67 F.3d 266; Chaffee v. San Francisco Public Library Commission, (2005) 134 Cal.App.4 th 109; 75 Ops.Cal.Atty.Gen. 89 (1992) ]. A speaker using an interpreter , and speakers needing accommodation for a disability , shall be allowed twice the allotted time. [54954.3].

Prior to calling for public comment during the open forum, as well as before the City Council considers or takes action on an item, the presiding officer shall set and announce the time limit for each member of the public to speak before inviting members of the public to address the City Council. For the purposes of these rules, lectern means the physical podium in the meeting room provided for the public to address the City Council, but also includes the electronic location utilized by the City Clerk to a ccept electronic comments for a teleconferenced or hybrid City Council Meeting.

Open forum for in-person speakers will be permitted up to ll conclude after 30 minutes, but if there are remaining speakers at the conclusion of the 30 -minute time-period who wish to address the City Council, or speakers participating remotely, then the open forum shall be reconvened after the Matters for Consideration portion of the agenda as set forth in Section 10.4 Open Forum.

12.3 Members of the Public Addressing the City Council

12.3.1 A list of people who have requested to speak shall be used to call each in person speaker to the lectern to address the City Council. When calling a speaker to the lectern the next two speakers will also be identified so they are prepared to address the City Council when called to the lectern.

For teleconference or hybrid meetings, the City Clerk will manage the process for calling in-person speakers who are physically present to the lectern or to unmute speakers participating remotely. For items on the agenda where the public has the right to address the City Council , in- personThe speakers physically present at the meeting will be called upon before those participating remotely. . When there are no more in-person speakers wishing to people physically present who have expressed an 190

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interest in addressing the City Council, the City Clerk will then call upon the speakers participating remotely.

Public comment for Open Forum will be taken as set forth in Section 10.4 Open Forum.

12.3.2 The presiding officer may request each speaker to state their name and city of residence before addressing the City Council. A speaker is not required to provide their name or address in order to address the City Council. However, to the extent such information is relevant to the issues being considered by the City Council during a public hearing, the absence of such information may bear on the speaker’s credibility and the weight the City Council affords the speaker’s comments.

12.3.3 Speakers shall address their comments only to the City Council as a body and not to a particular member or to the audience.

12.3.4 Members of the public may only address the City Council from the lectern or by participating remotely . No member of the public, other than the speaker at the lectern or the speaker participating remotely, may address the City Council, unless called upon by the presiding officer.

12.3.5 No question shall be asked of Council Members by a speaker, except through the presiding officer. No question shall be asked of a speaker by a Council Member, except through the presiding officer . Council Members, the presiding officer , and the speaker are not obligated to answer any questions asked. The presiding officer may refer questions to staff for a brief answer.

12.3.6 Speakers shall not use their time to unduly disrupt the orderly conduct of the City Council’s meeting.

12.3.7 Speakers are encouraged to avoid repetition.

12.3.8 Speakers are encouraged to avoid making personal attacks.

12.3.9 Each speaker shall conclude their comments when their time to address the City Council has expired.

12.3.10 A speaker may use their allotted time to read letters or other documents, play electronic recordings at a non-amplified volume, or otherwise present information to the City Council in a non-disruptive manner, provided those activities are completed within the allotted time. The City will not provide the means for a speaker to play an electronic recording.

12.3.11 When called upon during open forum, speakers may address the City Council on any item of interest to the public within the City Council’s subject matter jurisdiction. [54954.3(a)].
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12.3.12 When called upon to provide public comment on a specific item of business on the agenda, speakers shall focus their comments on that specific item of business before the City Council. [54954.3(a); White v.

City of Norwalk, (9 th Cir. 1990) 900 F.2d 1421; 78 Ops.Cal.Atty.Gen 224 (1995)].

12.3.13 Members of the public addressing the City Council are limited to one oral public comment per speaker per item.

12.4 Participating Parties Addressing the City Council
Participating parties shall comply with the procedures set forth in Section 1 2 Speaker’s Rights when addressing the City Council, except that the participating parties shall each have up to a maximum of 10 minutes to address the City Council. The presiding officer may set and announce the time limit for each active participant to address the City Council based upon the same criteria set forth in Section 12.2 Speaker Time Limit.

When the City Council is acting in its quasi -judicial capacity, the presiding officer may further modify the rules of procedure in this section or adopt such additional rules of procedure and speaker times as may be reasonably necessary to afford the active participants with procedural due process commensurate with the rights at issue.

12.5 Public Criticism
Public criticism of the City’s policies, procedures, programs, or services, or of the acts or omissions of the City Council, shall not be prohibited. However, the rights of each speaker to express their views are not absolute and nothing in these rules of procedure are intended to confer any privilege or protection for expression beyond that otherwise provided by law. [54954.3].

12.6 Disruptive Speech and Conduct
Any person unduly disrupting a City Council meeting in person or participating remotely may be requested by the presiding officer to leave the meeting. The presiding officer shall discourage demonstrations before the City Council, such as applauding or booing. Upon instructions by the presiding officer, a Sergeant-at-Arms or the City Clerk may be called for the purpose of removing any person who, in the presiding officer’s judgment, has disrupted the meeting. [36813, 38638, 54954.3, 54957.9, Penal Code 403] . Prior to removing a person for disrupting a meeting, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. However, a warning is not requ ired before removing a disruptive individual whose behavior constitutes use of force or a true threat of force consisting of a threat that has sufficient indicia of intent and seriousness that a reasonable observer would perceive it to be an actual threat to use force. [54957.95]. When possible, the presiding officer is encouraged to use alternative means, such as direction to speakers to avoid disruption or by taking a recess to review these rules with the speaker, to avoid disruptions to allow the City Council to complete its business. 192

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12.7 Written Communications – Post Hearing Notice, and/or Post Agenda Publication The City Council encourages the submission of written comments by the public prior to a meeting since that affords the City Council and staff the time to duly consider the comments, and for the City Clerk to incorporate the comments into the City’s agenda publications.

12.7.1 Submitted after the hearing notice is sent or published, but before the Agenda Publication.

Any member of the public may submit written public comments and materials to the City Council through the City Clerk’s Office. All written public comments and materials submitted between the date when the public hearing notices are published (10 days prior to the meeting or as otherwise required by statute) and 5:00 p.m. on the day before agenda publication. The City Clerk shall deliver all written public comments and materials received by 5:00 p.m. the day before agenda publication as part of the agenda packet for the posted agenda.

12.7.2 Submitted Post Agenda Publication.

Any member of the public may submit electronic public comments to the City Council using the electronic submission process the City Clerk specifies and makes available on the City’s website within the timeframe provided on the agenda. Any additional attachments can be submitted directly to the City Clerk.

All comments submitted using the City Clerk’s electronic process will be made concurrently available to the public and the City Council as soon as practicable, and the City Clerk shall post on the City’s website and deliver any additional materials received by 12:00 p.m. noon the day of the meeting to the City Council in a supplemental packet prior to the meeting.

Physical copies of written public comments and materials, and electronic and physical materials submitted to the Clerk’s Office before 12:00 p.m. noon on the day of the City Council meeting, will be included in the supplemental packet. After 12:00 p.m. noon on the day of the City Council meeting, any member of the public who desires to submit materials to the City Council for consideration at that meeting is hereby instructed to pr ovideesent 8 copies of the materials to the City Clerk for distribution to the City Council at its meeting when the item is considered, and the City Clerk shall include those comments and materials as a supplemental materials packet for items received at the meeting to be included in the final record.

12.7.3 Special Meetings and Workshops.

For special meetings and workshops, the City Clerk shall specify the instructions and timeframes for the public to submit written public comments and materials in the agenda for those meetings.

12.8 Approaching the City Council
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Once a meeting is called to order, no member of the public physically present shall enter the area between the lectern and the dais without an invitation from the presiding officer.

Members of the public may enter the area before and after the meeting, and during a recess, for the purpose of interacting with the individual City Council Members and City staff.

13. City Council Deliberation
City Council deliberations shall be orderly and guided by the presiding officer to reach a decision on the item before them or to provide the direction sought by staff.

Once an item is before the City Council for deliberation, the presiding officer shall call upon each individual Council Member present, in turn, to comment on the item and the recommended action or direction sought by staff. When participating remotely at a teleconference or hybrid meeting, Council Members should use the raise hand feature , or other feature offered by the electronic platform used for the meeting, to indicate they wish to speak and the presiding officer should call upon them in the order they requested to speak. Council Members may debate the merits of the item and recommendation, but shall not interrupt any other Council Member who is speaking. After each Council Member has an opportunity to express an opinion on the item, the presiding officer shall invite discussion and then a motion.

14. Motions

14.1 Making a Motion
A motion may be made by the presiding officer or a Council Member. Once a motion has been made, the presiding officer will solicit a second. A motion shall die unless it receives a second. If a motion receives a second, the presiding officer shall then invite debate and discussion on the motion and any amendments.

Any Council Member who makes a motion may withdraw it during debate and discussion, even to the point of interrupting a speaker to do so. If the motion is withdrawn, the presiding officer may ask the person who seconded the motion if that Council Member wishes to make the motion, subject to another Council Member’s second.

14.2 Categories of Motions
There are four categories of motions that the City Council may consider.

The first category is a basic motion, which is one that puts forward a decision for consideration. For example, a motion to approve City staff’s recommendation.

The second category is a motion to amend an earlier motion. Such an amending motion changes a basic motion under discussion in a minor way, but does not supersede it. For example, adding a condition to a basic motion to approve staff’s recommendation. If the maker of the basic motion, and the second, accept the amendment, then the amendment shall be incorporated into the original motion without the need for a second on the 194

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amending motion. If an amendment is not accepted into the basic motion by the moving Council Members, the process for voting on simultaneous motions is then followed.

The third category is a substitute motion. Such a motion completely does away with the basic motion under discussion and puts a new motion before the City Council. For example, if the basic motion is to approve staff’s recommendation, a substitute motion would propose numerous changes to staff’s recommendation or assembles multiple amending motions into a single motion. If a substitute motion receives a second , then the initial basic motion does not require action since it was substituted. If a substitut e motion fails, the process for voting on simultaneous motions is then followed.

The fourth category is a hostile motion. A hostile motion is one that seeks to accomplish the opposite effect of the basic motion. For example, when a basic motion is to approve a project, a hostile motion is one to deny the project. If a hostile motion is made, the process for voting on simultaneous motions is then followed.

A decision whether a motion is one to amend or substitute is left to the presiding officer’s sole discretion. A decision whether a motion is hostile is left to the presiding officer in consultation with the City Attorney.

14.3 Simultaneous Motions
The City Council may consider up to three motions on the floor at one time. The presiding officer may reject a fourth motion until the three before the City Council have been resolved. When multiple motions with seconds are before the City Council, the City Council shall consider and vote on the last motion made. Generally, the discussion when a motion is before the City Council should focus on the last motion made. Once the vote on the last motion takes place, if necessary, the discussion and decision on additional motions will take place in order working back to the first motion made.

However, a hostile motion shall not be in the floor at the same time as the motion it challenges. A hostile motion shall be considered after a vote on the basic motion and its amendments, that it challenges.

14.4 Debatable and Non-debatable Motions
Debatable motions are subject to Council Member comment and discussion before calling for a vote. Non -debatable motions are not subject to Council Member comment and discussion, and are to be voted on immediately.

14.4.1 Debatable Motions
Debatable motions are motions to take action on agenda items and other items of City business. For the purpose of these rules of procedure, all motions are debatable except those expressly identified in Subsection 14.4.2 Non-Debatable Motions. Debate on a motion should continue as long as Council Members wish to discuss an item, subject to the presiding officer’s determination that it is time to call for the question.
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14.4.2 Non-Debatable Motions
Non-debatable motions are procedural and terminating motions. Certain motions once made immediately stop the City Council’s deliberations and, upon receipt of a second, should be voted on immediately. The City Council’s non -debatable motions are as follows:
a. Motion to Adjourn. If passed, a motion to adjourn requires the City Council to immediately adjourn to its next regularly scheduled meeting. b. Motion to Recess. If passed, a motion to recess requires the City Council to immediately take a recess, the length of which the presiding officer will determine. The presiding officer may order a recess without a motion, and without adjourning the meeting, as the presiding officer determines a recess is necessary to maintain decorum and conduct the meeting in an orderly fashion.
c. Motion to Fix the Time to Adjourn . If passed, a motion to fix the time to adjourn the meeting requires the City Council to adjourn at a specific time set in the motion.
d. Motion to Table an Item. If passed, a motion to table an item postpones an item indefinitely or to a date and time certain set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the item back to the City Council at a future meeting.
e. Motion to Continue an Item . A motion to continue an item has the same effect as a motion to table, but is generally used when good cause exists or in response to a request by staff, a Council Member, or a participating party, as set forth in Section 8.7 Continuance of Agenda Items , or a scheduling problem arises. If passed, the motion continues the item indefinitely or to the date and time set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the ite m back to the City Council at a future meeting.
f. Call for the Question. A motion to call the question, also known as moving the previous question or limiting debate, stops further City Council deliberation, debate, and discussion on an item. It can be stated as stopping debate or discussion within a certain period of time, s uch as 15 minutes. If seconded, the presiding officer shall then call for a vote on the motion or motions pending before the City Council as provided for in Section 7.5 Motion to Be Stated.

14.5 Miscellaneous Motions and Appeals

14.5.1 Motion to Suspend the Rules of Procedure
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A motion to suspend these Rules of Procedure is debatable and to the extent possible should be addressed to a specific rule. If the Rules of Procedure are suspended in their entirety, such a motion does not supersede law or the Livermore Municipal Code.

14.5.2 Motion to Reconsider
A motion to reconsider any action taken by the City Council may be made as follows: (1) The motion must be made by a Council Member who voted along with majority that voted for the original motion that passed, but the motion for reconsideration may be seconded by any Council Member; (2) The motion must be made either at the meeting at which the action to be reconsidered was taken, or, at the next regular meeting, provided appropriate due process is afforded to any participating parties; (3) The motion is debatable; (4) If any participating party has left the meeting, or if the motion comes at a subsequent meeting, the ultimate decision to be reconsidered must take place at a subsequent meeting so that the participating party is afforded an opportunity to observe and participate; and, (5) If the original hearing was a public hearing, a new notice of hearing must be given before the matter is reconsidered.

14.5.3 Council Member Appeal
Any Council Member may appeal any ruling by the presiding officer. If a Council Member so moves and the motion is seconded, after debate, the ruling of the presiding officer may be reversed by majority vote. If an appeal is taken, the question shall be, “Shall the decision of the presiding office be sustained?”

15. Action and Direction

15.1 Votes, General Rules
Unless otherwise provided, the City Council’s actions must be passed pursuant to a majority vote on a motion, and the motion may not be considered unless it is seconded.

A simple majority vote by those Council Members present is necessary to pass a motion providing direction to staff or establishing administrative policy, however motions for the adoption of resolutions and ordinances require an affirmative vote of at least three Council Members to pass the motion as provided in Rule 17.4 Majority Vote by Three City Council Members Required.

Any Council Member may, before the “Nays” are called for, demand that a roll call vote be taken on the motion before the City Council. The presiding officer’s name shall be called last, preceded by the Vice Mayor, with other Council Members’ names called in alphabetical order by the City Clerk. Council Members shall not give explanations for their vote during roll call.

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necessary to pass a motion, the presiding officer may declare that “no action has been taken” and proceed with the remainder of the agenda. In the event of a tie vote, the procedures in Section 15.2 Tie Votes, shall control.

If a Council Member is present at the meeting but abstains from voting on a motion or is silent during the vote on the motion, then the rules in Section 15.3 Abstentions and Silence shall govern how the Council Member’s silence or abstention is tabulated.

15.2 Tie Votes
Generally, a motion fails if there is a tie vote. After a tie vote, the presiding officer may solicit additional discussion and another motion in an attempt to break the tie. If the tie vote occurs during a Council Member absence, and the absent Council Member does not have a conflict of interest related to the item being voted on, the City Council may continue the item to a subsequent City Council meeting when the absent Council Member is expected to be present in an effort to resolve the tie. If the tie vote is not resolved, the motion shall fail and the presiding officer may declare that “no action has been taken” and proceed with the remainder of the agenda. However, if a decision is legally compelled under state law (such as the Permit Streamlining Act), the tie vote shall constitute a denial of the application, project , or appeal before the City Council and the decision shall be considered final.

15.3 Abstentions and Silence
The City Council discourages abstentions since abstentions without legal conflict may impede the City Council’s business, for example by causing a tie vote. Abstentions also deprive Livermore residents of one vote of five and may diminish accountability of Council Members on items of legitimate concern. At the same time, it is not the City Council’s intention to impede any individual Council Member’s right to choose not to speak or vote on an item.

If any Council Member wishes to abstain from voting on a motion, the Council Member must announce the abstention when the item of business is first called for consideration and must not participate in the consideration of the item, in which case the Council Member’s announcement of an abstention during the vote will be tabulated to reflect that the Council Member abstained from the vote.

If the Council Member does not announce an abstention when the item of business is first called for consideration, or the Council Member participates in the consideration of the item after announcing an intent to abstain , and the Council Member announces an abstention during the vote, then that Council Member’s vote shall be tabulated in favor of the motion.
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Silence of any Council Member shall be tabulated in favor of the motion since the silent Council Member is conceding to the motion and not registering a vote against the motion.

This rule is intended to expressly modify Rosenberg’s Rues of Order for tabulating votes with regard to abstentions and silence by a Council Member.

15.4 Protests
Any Council Member shall have the right to enter into public record reasons for dissent , no vote, or protests against any motion carried by the majority.

15.5 Record Development
Council Members are encouraged to articulate their reasoning when casting a “no” vote, when a motion differs from the staff recommendation, and when a Council Member is unable to make the required findings for an item of business.

16. Advisory Bodies

16.1 Implementation of Municipal Code

16.1.1 Creation and Appointments
The City Council may create boards, commissions, or committees , herein after collectively referred to as City advisory bodies, to advise the City Council. [LMC Title 2]. It is recommended that newly formed City advisory bodies be limited to no more than 7 members due to the capacity of the recording system in the Mendenhall Room.

16.1.2 Appointments of Council Members to Regional Bodies; Appointments of Persons to City Advisory Bodies
The Mayor has the statutory authority, with the City Council’s approval, to make all appointments of City Council Members to regional bodies that require an appointment from the City of Livermore . The Mayor also has the statutory authority, with the City Council’s approval, to make all appointments of persons to City advisory bodies. [40605; LMC 2.04.020; 81 Cal.Ops.Atty.Gen. 75].

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a. An act of the advisory board, commission, or committee may later be subject directly to the control, inspection, review, audit, or enforcement of any other City officer or employee.
b. The time demands of the advisory board, commission, or committee would render performance of duties as a City employee less efficient.

16.1.4 Interviews of Members Eligible for Reappointment As stated in Section 16.1.2 above, the Mayor has the statutory authority, with the City Council’s approval, to make all appointments to City advisory bodies. The purpose of the standing City Council subcommittee identified in this section is to interview candidates who apply for a City advisory body and to then recommend candidates to the Mayor for appointment, with the City Council’s approval.

Members of City boards, commissions, and committees who are eligible for and interested in reappointment shall be interviewed by the standing City Council subcommittee, along with any other applicants for the position. Membership on this standing City Council subcommittee shall rotate among the Council Members who will be appointed for staggered terms , if possible, to ensure that at least one Council Member has prior experience on the subcommittee. Based upon those interviews, the standing City Council subcommittee shall recommend nominees for appointment by the Mayor, with the City Council’s approval. However, the entire City Council will interview Planning Commission applicants (including incumbents).

16.2 Direction to Advisory Boards, Commissions, and Committees Within the scope of their duties and responsibilities established in Title 2 of the Livermore Municipal Code, or otherwise by the City Council, the boards, commissions, or committees, and standing City Council subcommittees (collectively referred to as “advisory bodies” or “advisory body” for the purposes of this section) created by the City Council are directed to:

1. Follow these rules of procedure for their meetings, with appropriate modifications to account for their individual structure including the number of members for the advisory body, the titles for their presiding officer and members, consistent with the restrictions set forth in subsection 3 below;

2. Follow Rosenberg’s Rules of Order for parliamentary procedure as modified by these rules of procedure;

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c. The staff liaison for each advisory body, with approval from the City Clerk, shall determine the preferred method of preparing action minutes for their advisory body meetings, with the exception of Planning Commission who will work with the City Clerk to determine the preferred method of preparing summary minutes for their meetings;
d. Staff attendance and agenda development will be determined by the staff liaison for the advisory body, or as directed by the City Council; e. The City Clerk shall determine agenda format, software, and language for all advisory body meetings to ensure consistency and compliance with applicable laws and regulations;
f. Each advisory body, with input from the City Clerk and consistent with the uniform format provided by the City Clerk, may establish their own rules to specify the method for speakers to address the advisory body, including their speaker time limits, and the advisory body must then administer them uniformly;
g. The advisory body liaison, City Attorney or designee, and City Clerk must approve all advisory body agendas, notices, and cancellations; and, h. Section 17 Document Preparation and Approval for an Agenda do not apply to advisory body agendas.

4. Coordinate with their assigned staff liaison and the liaison’s Department Head to obtain the City Council’s approval before beginning any self-initiated project that will require more than 8 hours of staff time to complete that year. However, advisory bodies may pursue self-initiated projects that can be accomplished utilizing the City resources currently allocated to the particular advisory body and that do not take resources away from that advisory body’s anticipated work to fulfill its duties and responsibilities to the City Council.

16.3 Annual Reporting

1. Each of the following advisory bodies shall annually appoint one of their members to present a brief oral presentation to the City Council describing that particular advisory body’s activities for the past year:

Airport Commission
Beautification Committee
Commission for the Arts
Historic Preservation Commission
Human Services Commission
Library Board of Trustees.

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2. Other advisory bodies may provide written updates to the City Council as necessary or as directed by the City Council.

3. The City Clerk shall schedule the annual advisory body presentations and updates to the City Council in coordination with the staff liaisons to the advisory bodies.

17. Document Preparation and Approval for an Agenda

17.1 Ordinances
No ordinance shall be prepared for presentation to the City Council unless ordered by a majority vote of the City Council, prepared by the City Attorney on their own initiative or otherwise approved as to form by the City Attorney, or recommended by the City Manager and developed with the City Attorney’s assistance. [36936; LMC 1.08.060.E and

2.12.030.A.1.d].

17.2 City Attorney Approval as to Form
All ordinances, resolutions, and contracts shall be approved as to form by the City Attorney, or their attorney designee, before being placed on the agenda. [LMC

2.12.030.A.1.d]. If the City Manager finds it necessary or expedient to place a contract on a City Council agenda for authority to execute it, but the contract is not yet in final form or has not been signed by the other parties, the City Council shall condition its authorization to execute the contract on : (a) the final contract being in substanti ally the same form as the one presented for the City Council’s consideration with such changes as may directed by the City Council; and, (b) upon the City Attorney’s approval of the final contract as to form. If the contract is substantially changed, then the contract must be placed on a subsequent agenda for the City Council’s consideration.

17.3 Ordinance Introduction/Adoption
The City Council hereby establishes and directs that the reading of the title of a proposed ordinance is satisfied when the presiding officer calls the ordinance for consideration and announces the agenda description for the item . The staff report’s recommended action for an ordinance will include its title and a statement that further reading of the full ordinance is waived . T he Council motion to approve staff’s recommend ed action will therefore reflect the waiver and that the full ordinance will not need to be read, unless a majority of the City Council present asks for a full reading. [36934]. For ordinances placed on the consent calendar for introduction and adoption, a motion by the City Council that moves staff’s recommendation for the approval of the consent calendar shall mean the title of the ordinance was read by the maker of the motion.

17.4 Majority Vote by Three Council Members Required
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An affirmative vote of at least three members of the City Council shall be necessary to adopt an ordinance and a resolution, and to approve a contract for the expenditure of funds. An urgency (emergency) ordinance must be adopted by at least four members o f the City Council. [36936, 54954.2, 54956, 54956.5].

17.5 Ordinance Preservation
Following adoption of an ordinance, the City Clerk will assign a number to the ordinance, publish a summary, and post the full text according to law. The ordinance shall be filed and preserved in the City Clerk’s Office.

17.6 Consent Calendar, Public Hearing, or Matters for Consideration Ordinances not requiring a public hearing may be presented to the City Council for introduction and adoption on either the consent calendar or matters for consideration portion of the agenda. The City Attorney shall determine the placement of an ordinance on a City Council agenda in consultation with the Mayor and City Manager, or as directed by the City Council.

18. City Council Values and Norms, and Principles of Governance The City Council has adopted City Council Values and Norms that guide their interactions among each other, and Principles of Governance that guide their interactions with staff and the community

19. City Council Policy for City Officials’ Use of Electronic Communications and Social Media
The City Council has adopted a Policy for City Official s’ Use of Electronic Communications a nd Social Media to guide utilization of social media and electronic communications by the City Council as well as the City’s advisory body members and to help ensure compliance with the Brown Act and other relevant laws, legislation, and regulations.

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Acknowledgement Form

I acknowledge that I have received a copy of the City of Livermore’s City Council Meeting Rules of Procedure and understand that I am to read and comply with its contents.

City Official Name: __________________________________________________

City Official Title: ___________________________________________________

Date: ________________

Signature: ___________________________________________________________

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Attachments
Appendix A Preferred Procedures for Teleconferenced Hybrid Meetings Appendix B Preferred Methods for Recording City Council Meetings Appendix C Disruption Policy
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PREFERRED PROCEDURES FOR TELECONFERENCE OR HYBRID MEETINGS

AND PUBLIC ACCESS EXCEPTIONS
Pursuant to section 8.4.6 of the City Council Meeting Rules of Procedure, the City Council has identified the following procedures for teleconference or hybrid meetings:

Types of Teleconference Meetings
Various forms of teleconferencing are available to City Council Members to attend and participate in public meetings in accordance with the Ralph M Brown Act. [Government Code section 54593, 54953.8, 54953. 8.1-54953.8.7.] City Council Members may teleconference in accordance with state law, including but not limited to, any of the following provisions:

Traditional teleconferencing [54953(b)(3)]
Teleconference as reasonable accommodation [54953(c)]
State of Emergency teleconferencing [54953.8.2]
Just Cause teleconferencing [54953.8.3]
A memorandum will be provided by the City Clerk to the teleconferencing City Council Member prior to the meeting , with complete instructions detailing the teleconference requirements. If using an audio call, the City Clerk and the teleconferencing Council Member will determine who will be responsible for initiating the call. For video calls, the Council Member will use the Video Conferencing Meeting link provided by the City Clerk.

Closed Session
• The call between the teleconferencing City Council Member and the location for the closed session meeting shall be initiated by either that City Council Member or a staff member, as established ahead of time.
• Closed Session teleconferencing will be conducted via telephone or video conferencing.
• Should the connection be “dropped” or if there is a poor connection, the Mayor shall allow a reasonable recess to provide appropriate time to re -establish the connection. The call originator is responsible for making the call to reconnect. The duration and number of recesses shall be at the discretion of the Mayor.

Open Session
• The teleconferencing City Council Member will join the meeting using the audio- visual platform and pre-established meeting link provided by the City Clerk . The platform and link will be used to project the City Council Member into the Civic Center Meeting Hall to participate in the meeting and display presentations to all participants.
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• In the event of a disruption that prevents the City Council from broadcasting the meeting to members of the public using the call -in option or the internet -based service option, or in the event of a disruption within the City’s control that prevents members of the public from offering public comments using the call -in option or internet baser service, the City Council shall follow the procedures set forth in the Technology Disruption Policy found in Appendix C of these Rules of Procedure. • A script will be provided to the presiding officerMayor (or presiding officer) with cues to invite/include comments/discussion from the teleconferencing City Council Member. A roll call vote on each motion must be taken (Brown Act requirement).

Public Access Requirement Exceptions
City Council meetings shall include an opportunity for members of the public to attend via a two-way telephonic service or a two-way audiovisual platform except if adequate telephonic or internet service is not operational at the meeting location. This requirement does not apply to a meeting that is held to do any of the following:

1. Attend a judicial or administrative proceeding

2. Inspect real or personal property

3. Meet with officials of US or State to discuss a legislative or regulatory issue

4. Meet in facility owned by agency to discuss items related to facility

5. Meet in emergency situation

6. Emergency meeting [54953.4(b)]

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PREFERRED METHOD OF RECORDING CITY COUNCIL MEETINGS
Pursuant to section 8.11.3 of the City Council Meeting Rules of Procedure, the City Council has identified the following preferred methods of recording City Council meetings based upon the type of meeting and location, but the actual method used may change based upon City Council direction:

Regular City Council Meetings
Location: City Council Chamber
Minutes: Action minutes
Recorded: Video
Broadcast: Live – yes
Special City Council Meetings
Location: City Council Chamber
Minutes: Action minutes
Recorded: Video
Broadcast: No
Regular City Council Meetings/Special City Council Meetings Location: Anywhere other than the City Council Chamber Minutes: Audio minutes
Recorded: Audio (portable system)
Broadcast: No
Special City Council Meeting Workshops
Location: City Council Chamber
Minutes: Action minutes
Recorded: No
Special City Council Meeting Workshops
Location: Anywhere other than the City Council Chamber Minutes: Action minutes
Recorded: No
Special Meeting – Planning Commission Interviews
Location: Anywhere
Minutes: Action minutes
Recorded: No

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DISRUPTION OF TELEPHONIC OR INTERNET SERVICE DURING

PUBLIC MEETINGS

1. Background
Senate Bill 707 (2025) amended the Brown Act to require eligible legislative bodies to adopt, on or before July 1, 2026, a policy addressing how the agency will respond to disruptions in telephonic or internet service that prevent members of the public from attending or observing a meeting remotely. This policy is adopted to comply with that requirement and to ensure continuity of public participation during technical disruptions.

2. Purpose
This policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the City of Livermore City Council as required by the Brown Act (Gov. Code § 54953.4). The policy ensures transparency, public participation, and continuity of government during technology disruptions.

3. Definitions
For purposes of this policy:
• “Disruption” means any failure, outage, or other interruption that prevents members of the public from attending or observing the meeting via these remote access services.
• “Remote access services” means the two-way telephonic service and/or two-way audiovisual platform used to provide real-time remote public attendance and observation of meetings.

4. Applicability
This policy applies to all open and public meetings of the City of Livermore City Council at which remote public participation is offered or required under the Brown Act.

5. Procedures in the Event of a Service Disruption

5.1. Response to Service Disruption
If the Presiding Officer or the City Clerk becomes aware of a disruption to the agency’s remote access services that prevents members of the public from attending or observing the meeting remotely:

1. The Presiding Officer shall immediately announce the disruption to the public.

2. The Presiding Officer may then call for a recess of the open session or convene the legislative body in closed session, consistent with the Brown Act. 209

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3. Staff shall begin efforts to diagnose and restore the disrupted service.

4. The meeting shall remain in recess for at least one hour or until service is restored, whichever is sooner. The recess period may be extended if restoration efforts are ongoing.

5.2. Efforts to Restore Service
The agency shall make good faith efforts to restore remote access services, which may include:
• Troubleshooting platform or teleconferencing software • Resetting or replacing audiovisual equipment
• Attempting alternative connection methods
• Contacting necessary support staff or service providers • Switching to back-up equipment or platforms, if available If the disruption is suspected to be a result of a cybersecurity incident or malicious activity, the City may temporarily suspend, isolate, or limit affected systems as necessary to protect City infrastructure, confidential information, and public-facing systems during restoration efforts.

The Clerk shall document the restoration efforts undertaken.

6. Reconvening the Open Session

6.1. Timing
The open session may be reconvened after at least one hour has elapsed from the time of disruption or as soon as service is restored, whichever occurs earlier.

6.2. If Service Is Restored
If the remote access service is restored before or at the time the meeting reconvenes, the meeting shall continue as normal.

6.3. If Service Is Not Restored
If service has not been restored after one hour, the City of Livermore City Council through the Presiding Officer may reconvene and:

1. Adjourn the meeting; or

2. Continue the meeting in open session by adopting, by roll call vote, the following, or a substantially similar, finding:
“The City of Livermore has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.”

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Upon adoption of the finding, the legislative body may continue the open session despite the fact that remote access services have not been restored.

7. Recordkeeping
The Clerk shall enter a brief statement into the meeting record, including the following:

• The nature and time of the disruption
• The restoration efforts undertaken
• The time the meeting was reconvened (if applicable)
• Any finding adopted pursuant to Section 6.3

8. Review and Updates
This policy may be amended by the City of Livermore City Council at a noticed public meeting in open session, not on the consent calendar.

211
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING AND ADOPTING MINOR REVISIONS TO

THE CITY COUNCIL MEETING RULES OF PROCEDURE

The City Council has adopted Rules of Procedure for the orderly, consistent, and fair conduct of its meetings consistent with applicable law. These rules reflect the Council’s accepted practices and balance the Council’s policies inviting public comment with the need to manage its meetings effectively. The purpose of these rules is to promote public c onfidence in the City of Livermore’s governance by establishing consistent expectations for the conduct of the people’s business and the opportunities for public observation and participation. The City Council has also adopted procedures for teleconference meetings and for recording City Council meetings.

At its meeting on June 8, 2026, the City Council adopted revisions to the City Council Meeting Rules of Procedure to implement Senate Bill 707, including clarifying the process for public participation t hrough remote access. These revisions were incorporated into the Rules of Procedure adopted by Resolution No. 2026-098.

Staff have since updated the City Co uncil Meeting Agenda Instructions and the City's website to clarify the procedures for receiving public comment during Open Forum on non -agendized items. To ensure consistency across all public -facing information, staff recommend minor revisions to the City Council Meeting Rules of Procedure attached as Exhibit A to reflect established practices.

These clarifying revisions do not alter the policy direction previously adopted by the City Council and are intended to enhance consistency, transparency, and eff ective public participation.

NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that it hereby adopts the City Council Meeting Rules of Procedure, attached hereto as Exhibit A, which supersede and replace the Rules adopted by Resolution No. 2026-098.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Kimberly Cilley
Helena Graves Kimberly Cilley
Acting City Clerk City Attorney

Exhibit A – Rules of Procedure
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CITY COUNCIL MEETING

RULES OF PROCEDURE

Lastly, they relate to respective powers for the Mayor and Council Members. 1 All citations are to the California Government Code unless otherwise noted.

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5. Presiding Officer
The Mayor is the presiding officer for each meeting of the City Council that the Mayor attends. In the Mayor’s absence, the Vice Mayor shall be the presiding officer for the meeting when the Vice Mayor is present. In the absence of both the Mayor and the Vice Mayor, the Council Members present at the meeting shall select a presiding officer for that meeting. [36802].

6.2 Reserved

6.3 Seats on the Dais
The Mayor shall sit at the center of the meeting room dais for all City Council meetings.

If the Mayor is absent, the presiding officer shall sit at the center of the dais.

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6.4 Council Member Rooms
The Mayor shall have use of office 216 at City Hall, or such other designation as that office may be given.

7. Presiding Officer to Conduct Meetings
The presiding officer is responsible for conducting City Council meetings as follows:

7.3 Questions of Parliamentary Procedure
The presiding officer shall determine all questions of parliamentary procedure in consultation with the City Attorney and City Manager.

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City Council meetings shall be open to the public, but the public shall be excluded from closed sessions as authorized by state law. [54953(a), 54957].

City Council meetings, except for closed sessions, shall be open to the media. The media shall be excluded from closed sessions as authorized by state law. [54953, 54953.5, 54957, 54957.9].

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8.3 Absences

8.4 Types of Meetings

The City Council may take final action at a special meeting that is not a workshop.

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Workshops are open to the public and are meetings for purposes of the Brown Act.

The City Council may provide direction, but unlike other special meetings the City Council may not take a final action at a workshop. [54956].

8.4.5 Concurrent and Joint Meetings
The City Council may concurrently convene the meetings for the City Council and any other legislative body comprised of the Council Members. [54952.3].

Joint meetings of the City Council and any other legislative body or bodies shall be noticed as a meeting for each body.

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8.4.9 City Council Committees
The City Council may create standing and ad hoc City Council subcommittees , which creation shall occur at a duly noticed Council Meeting.

Ad hoc City Council subcommittees are intended to be useful and efficient vehicles for less than a quorum of Council Members , with appropriate support staff, to

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explore and develop items for placement on a duly noticed City Council meeting agenda for the City Council to discuss and then provide direction or take action.

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8.7 Continuance of Agenda Items
Items listed on a posted agenda should not be continued or postponed absent good cause.

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8.8 Consideration of items after 11:00 p.m.

8.8.2. No New Items Considered after 11:00 p.m.

The City Council shall not begin consideration of any items on an agenda after 11:00 p.m., but may complete their consideration of an item that was commenced prior to 11:00 p.m.

8.9 Breaks.

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times as needed. Council Members and staff are expected to return promptly at the designated time to resume the meeting.

If a speaker is interrupted by a point of order, privilege, or personal privilege, the remainder of a speaker’s time will be preserved by the City Clerk until the point is resolved.

8.11 Minutes

Also, a Council Member may no t approve the minutes for a meeting that they were not eligible to attend as a Council Member. The minutes may be approved

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by a majority of the remaining eligible Council Members, or by a lone eligible Council Member.
c. If no Council Members are eligible to approve the minutes for a City Council meeting, then the City Clerk shall attest to the accuracy of the meeting minutes and enter them into official minute books of the City Council.

8.12 Staff Attendance

8.12.5 Sergeant-at-Arms
A Sergeant-at-Arms, who shall typically be a sworn member of the City’s Police Department, shall attend City Council meetings as directed by the City Manager. [38638].

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Meetings of an ad hoc City Council subcommittee are not subject to these rules of procedure unless the City Council expressly state s that the subcommittee shall follow these rules. [54952].

The agenda shall contain a brief general description of each item of business to be transacted or discussed, including any items to be discussed in closed session. [54954.2, 54954.5].

10. Order of Business – Regular Meetings
The usual order of business for regular meetings shall be as follows:

10.1 Call to Order
This portion of the agenda is for roll call, the pledge of allegiance, and the reporting out from any closed session items that may have occurred prior to the meeting.

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Council Member to read and present , the proclamations. The City Manager, or their designee, may develop a policy regarding proclamations as a guide. It is also for City advisory bodies to make brief presentations to the City Council on their activities. As authorized by the presiding officer or the City Manager, this portion of the agenda may be also be used to accommodate requests from other local, regional, or state legislative bodies and elected officials wishing to make brief presentations to the City C ouncil concerning activities of interest to the City.

Open forum for in-person speakers shall be permitted for up to 30 minutes, usually before the consent calendar. If there are additional in-person speakers who wish to speak at the conclusion of the 30-minute time period, or any speakers participating remotely, then the presiding officer shall reconvene the open forum at the conclusion of the matters for consideration portion of the agenda unless the presiding officer announces that open forum is reordered to a different place on the agenda.

The procedures for public comments during open forum are set forth in Section 1 2 Speaker’s Rights.

10.5 Consent Calendar
The consent calendar portion of the agenda is for routine items that are not expected to require City Council discussion. Examples of items for the consent calendar include the

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approval of minutes, resolutions confirming actions from a previous meeting, the introduction and adoption of ordinances, the processing of administrative items such as the approval of contracts and delegation of authority to execute them on behalf of the City, the acceptance of public improvements, and other routine items requiring City Council approval by ordinance, resolution, or law. Any Council Member may pull an item for separate discussion. Members of the public may address the City Council on consent calendar items by following the procedures set forth in Section 12 Speaker’s Rights.

The procedures for public hearings are as follows:

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f. Identify any elements or findings required to approve the item of business, and the facts or information supporting those elements or findings.

After the presiding officer determines that no other participating parties wish to address the City Council on the hearing item, the presiding officer will open the public hearing.

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If the motion seconded for consideration is substantially different than the recommended action in the published staff report, the presiding officer may, but is not required, to invite public comments on the motion. If the invitation is extended, then speakers will be limited to either one minute to comment on the motion or such other time specified by the presiding officer. The City Council has discretion to debate the decision by the presiding officer whether or not to hear further comment. If invited, public speakers shall address the City Council following the procedures set forth in Section 12 Speaker’s Rights.

10.8 City Council Reports and Matters Initiated by Staff and City Council This portion of the agenda is for:

These items are considered part of the official record via the supplemental packet.

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3. The City Council to provide guidance and direction to staff concerning items to be included on future agendas and information to be provided in response to questions raised during open forum;

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The usual order of business for special meetings and workshops shall be as follows:

11.1. Call to Order
This portion of the agenda is the same as it is for a regular meeting.

Public speakers shall address the City Council following the procedures set forth in Section 12 Speaker’s Rights.

11.3 Special Meeting Item and Workshop Item
Generally, the procedures for this portion of the agenda follow the procedures in Section

11.4 Adjournment
This portion of the agenda is the same as it is for a regular meeting.

Members of the public also have the right to address the City Council before the City Council considers or takes action on an item on any regular meeting agenda, except for items properly listed or considered in the Call to Order, Proclamations and Presentations, City Council Reports and Matters Initiated by Staff and City Council, and the Adjournment portions of the agenda. Members of the public shall be provided an opportunity to address

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the City Council concerning any item that is described in the notice for special meeting workshops and special meetings. [54954.3].

The procedures for addressing public comments to the City Council are as follows:

12.1 Addressing the City Council
Members of the public, attending in person or participating remotely, who want to address the City Council during open forum or before the City Council considers or takes action on an item are asked to submit a request to speak to the City Clerk, or their designee, using the methods specified by the City Clerk in the agenda for that meeting. A member of the public may not submit a request to speak on behalf of any other person. The methods for addressing the City Council will be described at each meeting. The City Clerk will prominently display the methods to address the City Council in the hallway outside the City Council Chamber or other location where the City Council gathers in person for a meeting and on the City’s website.

12.2 Speaker Time Limit
The amount of time allotted to each member of the public attending in person or participating remotely and wishing to address the City Council shall be limited to a maximum of three minutes. For the consent calendar, a speaker’s time is limited to a single comment with a maximum of three minutes for all consent calendar items , except for items that are pulled by a Council Member for separate discussion, in which case the speaker’s time shall be limited to a maximum of three minutes on the item pulled for discussion and a separate opportunity to speak of up to a maximum of three minutes for

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the balance of the consent calendar. Individual members of the public may not yield their allotted time, or any remaining portion thereof, to anyone else. The presiding officer may reduce the amount of time allotted to each speaker based upon the number of persons wishing to speak, the complexity of the item if one is being considered, the anticipated time reasonably needed to complete the remaining items on the meeting agenda, a nd other reasonable factors. Members of the public participating remotely will be given the same time allotment to address the City Council as members of the public attending in person. [54954.3(b), 54953.9; Kindt v. Santa Monica Rent Control Bd. (9 th Cir. 1995) 67 F.3d 266; Chaffee v. San Francisco Public Library Commission, (2005) 134 Cal.App.4 th 109; 75 Ops.Cal.Atty.Gen. 89 (1992) ]. A speaker using an interpreter , and speakers needing accommodation for a disability, shall be allowed twice the allotted time. [54954.3].

Open forum for in-person speakers will be permitted up to 30 minutes, but if there are remaining speakers at the conclusion of the 30 -minute time-period who wish to address the City Council , or speakers participating remotely, then the open forum shall be reconvened after the Matters for Consideration portion of the agenda as set forth in Section 10.4 Open Forum.

12.3 Members of the Public Addressing the City Council

For teleconference or hybrid meetings, the City Clerk will manage the process for calling in-person speakers or to unmute speakers participating remotely. For items on the agenda where the public has the right to address the City Council , in-person speakers will be called upon before those participating remotely . When there are no more in-person speakers wishing to address the City Council, the City Clerk will then call upon the speakers participating remotely.

Public comment for Open Forum will be taken as set forth in Section 10.4 Open Forum.

12.3.2 The presiding officer may request each speaker to state their name and city of residence before addressing the City Council. A speaker is not

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required to provide their name or address in order to address the City Council. However, to the extent such information is relevant to the issues being considered by the City Council during a public hearing, the absence of such information may bear on the speaker’s credibility and the weight the City Council affords the speaker’s comments.

12.3.3 Speakers shall address their comments only to the City Council as a body and not to a particular member or to the audience.

12.3.6 Speakers shall not use their time to unduly disrupt the orderly conduct of the City Council’s meeting.

12.3.7 Speakers are encouraged to avoid repetition.

12.3.8 Speakers are encouraged to avoid making personal attacks.

12.3.9 Each speaker shall conclude their comments when their time to address the City Council has expired.

12.3.11 When called upon during open forum, speakers may address the City Council on any item of interest to the public within the City Council’s subject matter jurisdiction. [54954.3(a)].

City of Norwalk, (9 th Cir. 1990) 900 F.2d 1421; 78 Ops.Cal.Atty.Gen 224 (1995)].

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12.3.13 Members of the public addressing the City Council are limited to one oral public comment per speaker per item.

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12.7.1 Submitted after the hearing notice is sent or published, but before the Agenda Publication.

12.7.2 Submitted Post Agenda Publication.

Physical copies of written public comments and materials, and electronic and physical materials submitted to the Clerk’s Office before 12:00 p.m. noon on the day of the City Council meeting, will be included in the supplemental packet. After 12:00 p.m. noon on the day of the City Council meeting, any member of the public who desires to submit materials to the City Council for consideration at that meeting is hereby instructed to provide 8 copies of the materials to the City Clerk for distribution to the City Council at its meeting when the item is considered , and the City Clerk shall include those comments and materials as a supplement al materials packet for items received at the meeting to be included in the final record.

12.7.3 Special Meetings and Workshops.

For special meetings and workshops, the City Clerk shall specify the instructions and timeframes for the public to submit written public comments and materials in the agenda for those meetings.

12.8 Approaching the City Council
Once a meeting is called to order, no member of the public physically present shall enter the area between the lectern and the dais without an invitation from the presiding officer.

Members of the public may enter the area before and after the meeting, and during a recess, for the purpose of interacting with the individual City Council Members and City staff.

13. City Council Deliberation

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City Council deliberations shall be orderly and guided by the presiding officer to reach a decision on the item before them or to provide the direction sought by staff.

14. Motions

14.2 Categories of Motions
There are four categories of motions that the City Council may consider.

The first category is a basic motion, which is one that puts forward a decision for consideration. For example, a motion to approve City staff’s recommendation.

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the initial basic motion does not require action since it was substituted. If a substitute motion fails, the process for voting on simultaneous motions is then followed.

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a. Motion to Adjourn. If passed, a motion to adjourn requires the City Council to immediately adjourn to its next regularly scheduled meeting. b. Motion to Recess. If passed, a motion to recess requires the City Council to immediately take a recess, the length of which the presiding officer will determine. The presiding officer may order a recess without a motion, and without adjourning the meeting, as the presiding officer determines a recess is necessary to maintain decorum and conduct the meeting in an orderly fashion.
c. Motion to Fix the Time to Adjourn . If passed, a motion to fix the time to adjourn the meeting requires the City Council to adjourn at a specific time set in the motion.
d. Motion to Table an Item. If passed, a motion to table an item postpones an item indefinitely or to a date and time certain set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the item back to the City Council at a future meeting.
e. Motion to Continue an Item . A motion to continue an item has the same effect as a motion to table, but is generally used when good cause exists or in response to a request by staff, a Council Member, or a participating party, as set forth in Section 8.7 Continuance of Agenda Items , or a scheduling problem arises. If passed, the motion continues the item indefinitely or to the date and time set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the ite m back to the City Council at a future meeting.
f. Call for the Question. A motion to call the question, also known as moving the previous question or limiting debate, stops further City Council deliberation, debate, and discussion on an item. It can be stated as stopping debate or discussion within a certain period of time, s uch as 15 minutes. If seconded, the presiding officer shall then call for a vote on the motion or motions pending before the City Council as provided for in Section 7.5 Motion to Be Stated.

14.5 Miscellaneous Motions and Appeals

14.5.1 Motion to Suspend the Rules of Procedure
A motion to suspend these Rules of Procedure is debatable and to the extent possible should be addressed to a specific rule. If the Rules of Procedure are suspended in their entirety, such a motion does not supersede law or the Livermore Municipal Code.

14.5.2 Motion to Reconsider

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A motion to reconsider any action taken by the City Council may be made as follows: (1) The motion must be made by a Council Member who voted along with majority that voted for the original motion that passed, but the motion for reconsideration may be seconded by any Council Member; (2) The motion must be made either at the meeting at which the action to be reconsidered was taken, or, at the next regular meeting, provided appropriate due process is afforded to any participating parties; (3) The motion is debatable; (4) If any participating party has left the meeting, or if the motion comes at a subsequent meeting, the ultimate decision to be reconsidered must take place at a subsequent meeting so that the participating party is afforded an opportunity to observe and participate; and, (5) If the original hearing was a public hearing, a new notice of hearing must be given before the matter is reconsidered.

15. Action and Direction

15.1 Votes, General Rules
Unless otherwise provided, the City Council’s actions must be passed pursuant to a majority vote on a motion, and the motion may not be considered unless it is seconded.

If a motion does not receive the necessary majority vote for passage, the presiding officer may solicit additional discussion and another motion for further deliberation and voting. If further discussion and deliberation does not result in a motion receiving a majority vote necessary to pass a motion, the presiding officer may declare that “no action has been taken” and proceed with the remainder of the agenda. In the event of a tie vote, the procedures in Section 15.2 Tie Votes, shall control.

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Silence of any Council Member shall be tabulated in favor of the motion since the silent Council Member is conceding to the motion and not registering a vote against the motion.

This rule is intended to expressly modify Rosenberg’s Rues of Order for tabulating votes with regard to abstentions and silence by a Council Member.

15.4 Protests

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Any Council Member shall have the right to enter into public record reasons for dissent , no vote, or protests against any motion carried by the majority.

16. Advisory Bodies

16.1 Implementation of Municipal Code

16.1.3 Eligibility of City Employees
While City employees are not precluded from serving on advisory boards, commissions, and committees, there is a potential for conflict. The City Council and any subcommittees to the City Council shall not make appointments that are potentially incompatible with City employment for any reason. For example, an appointment will be incompatible with City employment if:
a. An act of the advisory board, commission, or committee may later be subject directly to the control, inspection, review, audit, or enforcement of any other City officer or employee.
b. The time demands of the advisory board, commission, or committee would render performance of duties as a City employee less efficient.

16.1.4 Interviews of Members Eligible for Reappointment

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As stated in Section 16.1.2 above, the Mayor has the statutory authority, with the City Council’s approval, to make all appointments to City advisory bodies. The purpose of the standing City Council subcommittee identified in this section is to interview candidates who apply for a City advisory body and to then recommend candidates to the Mayor for appointment, with the City Council’s approval.

2. Follow Rosenberg’s Rules of Order for parliamentary procedure as modified by these rules of procedure;

3. Conform their respective meeting rules to these rules of procedure to reflect the following restrictions hereby directed by the City Council:
a. Advisory bodies shall not meet through electronic means; b. Advisory bodies may create ad hoc committees, but shall not create standing committees without prior City Council approval; c. The staff liaison for each advisory body, with approval from the City Clerk, shall determine the preferred method of preparing action minutes for their advisory body meetings, with the exception of Planning Commission who will work with the City Clerk to determine the preferred method of preparing summary minutes for their meetings;
d. Staff attendance and agenda development will be determined by the staff liaison for the advisory body, or as directed by the City Council;

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e. The City Clerk shall determine agenda format, software, and language for all advisory body meetings to ensure consistency and compliance with applicable laws and regulations;
f. Each advisory body, with input from the City Clerk and consistent with the uniform format provided by the City Clerk, may establish their own rules to specify the method for speakers to address the advisory body, including their speaker time limits, and the advisory body must then administer them uniformly;
g. The advisory body liaison, City Attorney or designee, and City Clerk must approve all advisory body agendas, notices, and cancellations; and, h. Section 17 Document Preparation and Approval for an Agenda do not apply to advisory body agendas.

16.3 Annual Reporting

Airport Commission
Beautification Committee
Commission for the Arts
Historic Preservation Commission
Human Services Commission
Library Board of Trustees.

2. Other advisory bodies may provide written updates to the City Council as necessary or as directed by the City Council.

3. The City Clerk shall schedule the annual advisory body presentations and updates to the City Council in coordination with the staff liaisons to the advisory bodies.

17. Document Preparation and Approval for an Agenda

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2.12.030.A.1.d].

17.4 Majority Vote by Three Council Members Required
An affirmative vote of at least three members of the City Council shall be necessary to adopt an ordinance and a resolution, and to approve a contract for the expenditure of funds. An urgency (emergency) ordinance must be adopted by at least four members o f the City Council. [36936, 54954.2, 54956, 54956.5].

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Acknowledgement Form

I acknowledge that I have received a copy of the City of Livermore’s City Council Meeting Rules of Procedure and understand that I am to read and comply with its contents.

City Official Name: __________________________________________________

City Official Title: ___________________________________________________

Date: ________________

Signature: ___________________________________________________________

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Attachments
Appendix A Preferred Procedures for Teleconferenced Hybrid Meetings Appendix B Preferred Methods for Recording City Council Meetings Appendix C Disruption Policy

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PREFERRED PROCEDURES FOR TELECONFERENCE OR HYBRID MEETINGS

AND PUBLIC ACCESS EXCEPTIONS
Pursuant to section 8.4.6 of the City Council Meeting Rules of Procedure, the City Council has identified the following procedures for teleconference or hybrid meetings:

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• In the event of a disruption that prevents the City Council from broadcasting the meeting to members of the public using the call -in option or the internet -based service option, or in the event of a disruption within the City’s control that prevents members of the public from offering public comments using the call -in option or internet baser service, the City Council shall follow the procedures set forth in the Technology Disruption Policy found in Appendix C of these Rules of Procedure. • A script will be provided to the presiding officer with cues to invite/include comments/discussion from the teleconferencing City Council Member . A roll call vote on each motion must be taken (Brown Act requirement).

1. Attend a judicial or administrative proceeding

2. Inspect real or personal property

3. Meet with officials of US or State to discuss a legislative or regulatory issue

4. Meet in facility owned by agency to discuss items related to facility

5. Meet in emergency situation

6. Emergency meeting [54953.4(b)]

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APPENDIX C
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DISRUPTION OF TELEPHONIC OR INTERNET SERVICE DURING

PUBLIC MEETINGS

4. Applicability
This policy applies to all open and public meetings of the City of Livermore City Council at which remote public participation is offered or required under the Brown Act.

5. Procedures in the Event of a Service Disruption

1. The Presiding Officer shall immediately announce the disruption to the public.

2. The Presiding Officer may then call for a recess of the open session or convene the legislative body in closed session, consistent with the Brown Act.

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3. Staff shall begin efforts to diagnose and restore the disrupted service.

4. The meeting shall remain in recess for at least one hour or until service is restored, whichever is sooner. The recess period may be extended if restoration efforts are ongoing.

The Clerk shall document the restoration efforts undertaken.

6. Reconvening the Open Session

6.1. Timing
The open session may be reconvened after at least one hour has elapsed from the time of disruption or as soon as service is restored, whichever occurs earlier.

6.2. If Service Is Restored
If the remote access service is restored before or at the time the meeting reconvenes, the meeting shall continue as normal.

6.3. If Service Is Not Restored
If service has not been restored after one hour, the City of Livermore City Council through the Presiding Officer may reconvene and:

1. Adjourn the meeting; or

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Upon adoption of the finding, the legislative body may continue the open session despite the fact that remote access services have not been restored.

7. Recordkeeping
The Clerk shall enter a brief statement into the meeting record, including the following:

• The nature and time of the disruption
• The restoration efforts undertaken
• The time the meeting was reconvened (if applicable)
• Any finding adopted pursuant to Section 6.3

8. Review and Updates
This policy may be amended by the City of Livermore City Council at a noticed public meeting in open session, not on the consent calendar.

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CITY COUNCIL STAFF REPORT
ITEM NO. 6.10

DATE:

July 13, 2026
TO:

Honorable Mayor and City Council
FROM:

Marianna A. Burch, City Manager
SUBJECT:

Approval of the City Council 2027 Meeting Calendar.

RECOMMENDED ACTION

SUMMARY
Each year the City Council approves a calendar of regular meetings for the coming year. The 2027 Meeting Calendar is presented here for approval.

DISCUSSION
In accordance with the City Council Rules of Procedures, each July the City Council approves an annual calendar for the coming year. Regular meetings are generally scheduled on the second and fourth Monday of each month. Meetings are not scheduled on legal holidays. In keeping with past practice, only one meeting is scheduled during the months of August and December. The August meeting is traditionally cancelled due to lack of pressing business.

Special meetings and workshops may be called by the Mayor or by a majority of Council Members as needed. Special meetings or workshops will be held on the third Monday of the month if needed. The City Council may also amend the regular meeting schedule throughout the year when necessary.

256
Livermore City Council 2027 Meeting Calendar

Date
Type
Date
Type
01/11/2027
Regular Meeting
06/28/2027
Regular Meeting
01/25/2027
Regular Meeting
07/12/2027
Regular Meeting
02/08/2027
Regular Meeting
07/26/2027
Regular Meeting
02/22/2027
Regular Meeting
08/09/2027
Regular Meeting
03/08/2027
Regular Meeting
09/13/2027
Regular Meeting
03/22/2027
Regular Meeting
09/27/2027
Regular Meeting
04/12/2027
Regular Meeting
10/11/2027
Regular Meeting
04/26/2027
Regular Meeting
10/25/2027
Regular Meeting
05/10/2027
Regular Meeting
11/08/2027
Regular Meeting
05/24/2027
Regular Meeting
11/22/2027
Regular Meeting
06/14/2027
Regular Meeting
12/13/2027
Regular Meeting

FISCAL AND ADMINISTRATIVE IMPACTS

While City Council meetings require considerable staff resources to prepare for and facilitate, administrative impacts from adopting the proposed meeting calendar are incorporated into each department’s work plan. Other fiscal impacts associated with City Council meetings include broadcast and recording services, technical support, and incidental costs such as renting special meeting locations, providing translation services upon request, and staff time are included in the FYs 2025-2027 budget.

COMMUNITY PILLAR
5: A City That Works

GOAL

1: Engage effectively with the Mayor and City Council

ATTACHMENTS

Prepared by: Helena Graves
Acting City Clerk

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
257

CITY COUNCIL STAFF REPORT
ITEM NO. 7.1

DATE:

July 13, 2026
TO:

Honorable Mayor and City Council
FROM:

Brandon Cardwell, Innovation and Economic Development Director SUBJECT:

Authorization to negotiate a Development Agreement with Gillig to facilitate campus expansion.

RECOMMENDED ACTION

Staff recommends that the City Council adopt a resolution authorizing staff to negotiate a Development Agreement with Gillig for the general subject areas identified in this report.

SUMMARY
Gillig, a bus manufacturer located in the Oaks Business Park, has requested that the City close a portion of Discovery Drive to facilitate a proposed campus expansion, and has submitted a Development Agreement application to effectuate this request. The Livermore Development Code requires the City Council to authorize staff to negotiate a Development Agreement before negotiations may begin and to identify the general subject areas for negotiation.

Staff recommends that the City Council authorize staff to negotiate a Development Agreement with Gillig that would generally address closure of a portion of Discovery Drive, establish a Performance Schedule ensuring Gillig’s campus expansion occurs in a timely manner, and include potential right-of-way dedication and trail-related public improvements.

The proposed Development Agreement is expected to provide significant public benefits, primarily through increased tax revenues, job creation, and retention of a major employer in Livermore.

Authorizing staff to negotiate would not approve a Development Agreement or authorize or require the street closure. The City Council would consider the final Development Agreement and all required street vacation actions at a future public meeting. There are no environmental or fiscal impacts resulting from authorization to negotiate. The proposed action is consistent with the 2023-2028 Strategic Plan.

DISCUSSION
Background

258
In October 2024, Gillig, a bus manufacturer located in the Oaks Business Park at 451 Discovery Drive, contacted City Economic Development and Community Development staff regarding a potential campus expansion. The proposed expansion would occur adjacent to Gillig’s existing facility and would include approximately 17 acres along the western side of Discovery Drive.

The expanded campus would include approximately 80,000 to 110,000 square feet of office space, 80,000 square feet of warehouse space, 500 employee parking stalls, and a new transit bus parking and fleet support area, as shown on the conceptual site plan included as Attachment 1. Gillig proposes to consolidate its operations in Livermore, move its aftermarket parts facility to Livermore, provide additional employee parking, provide an enhanced and dedicated area for storage, testing, and preparation of its bus products, and allow for future zero emission vehicle flexibility with potential site preparation for electric transit fast charging stations and hydrogen fueling infrastructure. The proposed development would generate significant cross-traffic across the northern portion of Discovery Drive, with buses, equipment, and employees crossing the public right-of-way at regular intervals.

To avoid conflicts with public traffic, ensure that future operations are not constrained, and facilitate the proposed campus expansion, Gillig has requested that the northern portion of Discovery Drive be privatized or otherwise closed to public traffic. This portion of Discovery Drive is referred to in this report as the “Closure Segment.” The proposed street closure area is shown in Attachment 2.

Gillig submitted an application for a Development Agreement (DA26-001) as required by Livermore Development Code Chapter 9.04, including a formal request for the City to vacate the Closure Segment.

Authorization to Negotiate

Livermore Development Code Section 9.04.040(B) requires the City Council to determine whether it wishes to consider a Development Agreement before a final agreement is brought forward for approval.

The Development Code also requires the City Council to authorize the general subject areas for negotiation before negotiations begin.

Given Gillig’s application and the public benefits described in this report, staff recommends that the City Council authorize staff to negotiate a Development Agreement with Gillig addressing the following general subject areas:

1 .

Street closure and reversion;
2 .

Campus expansion and relocation of Gillig operations to Livermore; and 3 .

Right-of-way dedication and trail construction.

This agenda item requests authorization to negotiate only. It does not approve a Development Agreement, authorize the street closure, or approve any future development. If authorized, staff would begin negotiations with Gillig within the general subject areas identified above.

Any final Development Agreement would return to the City Council for consideration at a subsequent public meeting, following review and recommendation by the Planning Commission.

Street Closure

Since October 2024, staff has worked collaboratively with Gillig and a traffic consultant to evaluate the 259
potential effects of closing the Closure Segment. Based on the preliminary traffic report included as Attachment 3, a majority of peak-hour trips along the Closure Segment are generated by Gillig employees. The report concludes that, provided Gillig employees retain access to the Closure Segment, closure of the street would not result in significant Level of Service impacts at surrounding intersections.

For this reason, staff has determined that the proposed street closure is technically feasible.

Local street vacations are governed by California Streets and Highways Code Section 8320 et seq.

Before vacating a public street, the City must determine that the street is unnecessary for present or prospective public use and that the vacation serves a public purpose. In addition, the City must complete the General Street Vacation process, which includes a public protest hearing and separate final adoption.

Based on the traffic study prepared for the proposed closure, staff has preliminarily determined that Discovery Drive is not heavily used by members of the public other than Gillig employees and that its closure would not result in a significant impact to area levels of service. Gillig has also reported excessive nighttime speeding and other potentially dangerous activity within the Discovery Drive right-of- way. Based on this information, staff has preliminarily concluded that Discovery Drive may be unnecessary for public use and that its closure could enhance public safety and serve a public purpose.

If the City Council authorizes staff to begin Development Agreement negotiations that include closure of Discovery Drive, staff would return at a future public hearing with a more complete public use and public purpose analysis and all required General Street Vacation actions, consistent with state law.

Public Benefit

Article XVI, Section 6 of the California Constitution prohibits cities from making gifts of public funds or things of value to private parties. Accordingly, when a City action or agreement provides value to a private entity, the City should identify and document the public purpose served by that action. In addition, Livermore Development Code Section 9.04.050(D)(1) requires that all Development Agreements provide a benefit to the City.

The proposed Gillig campus expansion would provide significant public benefits to the City, primarily through increased tax revenue, job creation, private investment, and retention of one of Livermore’s major employers. Gillig preliminarily estimates that the new campus expansion would generate approximately $450,000 in annual tax revenue, represent an approximately $60 million investment in Livermore, and provide for 240 new jobs.

If authorized to negotiate, staff would seek to secure public benefits for the City consistent with the general subject areas identified in this report.

PILLAR

2: Economy That Prospers

GOAL

5: Facilitate the development of commercial and industrial projects that provide high-quality local jobs and support a diverse local economy
260

ENVIRONMENTAL DETERMINATION

Authorization to negotiate a future Development Agreement is not a “project” under the California Environmental Quality Act, or CEQA, because it would not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Any future campus expansion, Development Agreement, or street vacation action would be subject to separate environmental review in accordance with CEQA, as applicable.

FISCAL AND ADMINISTRATIVE IMPACTS

Authorization to negotiate would require staff time to negotiate the terms and timing of a potential Development Agreement. The Development Agreement application fees paid by the applicant are intended to recover the City’s costs associated with processing the application.

ATTACHMENTS

1. Campus Expansion Concept Plan

2. Proposed Road Closure Segment

3. Preliminary Traffic Study

4. Resolution

Prepared by: Jake Potter
Economic Development Manager

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PHASE I

OFFICE ADDITION
3-STORY109,880 SF

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PROPOSED AUTO PARKING 471 STALLS

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This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed.

NORTH
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09.19.2024
SNR18-0000-00
Conceptual Site Plan
Gillig Discovery Drive
scheme: MP3.0
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0 20 40 80 200
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ALL LOCATIONS ARE APPROXIMATE
LEGEND

CITY OF
Path: /Web Map
Road Closure Segment
Date: 6/30/2026
0 390195
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ATTACHMENT 2
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June 10, 2026

GILLIG DISCOVERY DRIVE

CLOSURE TRAFFIC IMPACT

ANALYSIS
Livermore
ATTACHMENT 3
264

Inside front cover
Page Intentionally blank

ATTACHMENT 3
265

GILLIG Discovery Drive Closure
Traffic Impact Analysis
Livermore

Prepared for:

GILLIG
451 Discovery Drive
Livermore, CA 94521

Prepared by:

Kittelson & Associates, Inc.
155 Grand Avenue, Suite 505
Oakland, CA 94612
510.839.1742

Project Manager:

Damian Stefanakis
Senior Principal Planner

Project Analyst:

Pavithran Balan

Project Number 31541

June 10, 2026

ATTACHMENT 3
266

Page Intentionally blank

ATTACHMENT 3
267

CONTENTS
Executive Summary ................................................................................................................................... 1 Project Description ............................................................................................................................... 1 Trip Generation Methodology ......................................................................................................... 1 Scenarios Evaluated .............................................................................................................................. 2 Key Findings ............................................................................................................................................ 2 Introduction and Project Description ................................................................................................ 5

1.1 Discovery Drive Closure ............................................................................................................... 8

1.2 Warehouse Expansion .................................................................................................................. 8

1.3 Office Addition ................................................................................................................................ 8

1.4 LAVTA Development ..................................................................................................................... 8 Methodologies and Existing Conditions .......................................................................................... 9

2.1 Impact Criteria and Analysis Standards................................................................................. 9

2.2 Analysis Scenarios ....................................................................................................................... 11

2.3 Trip Generation Methodology ............................................................................................... 11

2.4 Existing Network ......................................................................................................................... 12

2.5 Existing Traffic Volumes ........................................................................................................... 14

2.6 Existing Traffic Operations and Performance .................................................................. 19 Existing Plus Project Conditions ....................................................................................................... 22

3.1 Existing Plus Project Traffic Volumes .................................................................................. 22

3.2 Traffic Operations and Performance ................................................................................... 27 Existing Plus Project + Buildout Conditions ................................................................................ 30

4.1 Traffic Volume Development ................................................................................................. 30

4.2 Traffic Operations and Performance ................................................................................... 35 Cumulative No-Build Conditions ..................................................................................................... 38

5.1 Traffic Volume Development ................................................................................................. 38

5.2 Lane Configurations and Traffic Control ............................................................................ 43

5.3 Traffic Operations and Performance ................................................................................... 43 Cumulative Plus Project + Buildout Conditions ......................................................................... 46

6.1 Traffic Volume Development ................................................................................................. 46

6.2 Lane Configurations and Traffic Control ............................................................................ 49 ATTACHMENT 3
268
GILLIG Discovery Drive Closure Traffic Impact Analysis
June 10, 2026 Contents
Kittelson & Associates, Inc. ii

6.3 Traffic Operations and Performance ................................................................................... 49 Findings and Recommendations ...................................................................................................... 52

7.1 Traffic Operations Summary ................................................................................................... 52

7.2 Queue Analysis............................................................................................................................. 52

7.3 Multimodal Considerations ..................................................................................................... 53

7.4 Impact on Travel time with the Closure ............................................................................. 54

7.5 Recommendations ...................................................................................................................... 54

ATTACHMENT 3
269
GILLIG Discovery Drive Closure Traffic Impact Analysis
June 10, 2026 List of Figures
Kittelson & Associates, Inc. iii

LIST OF FIGURES
Figure 1. Project Area .......................................................................................................................................................................... 6 Figure 2. Proposed Site Plan ............................................................................................................................................................ 7 Figure 3. Existing Lane Configurations and Traffic Control Devices .............................................................................. 16 Figure 4. Existing Turning Movement Counts – AM Peak ................................................................................................. 17 Figure 5. Existing Turning Movement Counts – PM Peak ................................................................................................. 18 Figure 6. AM Peak Trip Assignment – Closure of Discovery Drive ................................................................................ 23 Figure 7. PM Peak Trip Assignment – Closure of Discovery Drive ................................................................................. 24 Figure 8. AM Peak Existing Plus Closure Project Traffic Volumes .................................................................................. 25 Figure 9. PM Peak Existing Plus Closure Project Traffic Volumes .................................................................................. 26 Figure 10. AM Peak Trip Assignment – Buildout Trips ....................................................................................................... 31 Figure 11. PM Peak Trip Assignment – Buildout Trips ........................................................................................................ 32 Figure 12. AM Peak Existing Plus Closure + Buildout Traffic Volumes ........................................................................ 33 Figure 13. PM Peak Existing Plus Closure + Buildout Traffic Volumes ......................................................................... 34 Figure 14. AM Peak LAVTA Trip Assignment .......................................................................................................................... 39 Figure 15. PM Peak LAVTA Trip Assignment .......................................................................................................................... 40 Figure 16. AM Peak Cumulative No-Build Traffic Volumes .............................................................................................. 41 Figure 17. PM Peak Cumulative No-Build Traffic Volumes ............................................................................................... 42 Figure 18. AM Peak Cumulative Plus Closure + Buildout Traffic Volumes ................................................................. 47 Figure 19. PM Peak Cumulative Plus Closure + Buildout Traffic Volumes ................................................................. 48

ATTACHMENT 3
270
GILLIG Discovery Drive Closure Traffic Impact Analysis
June 10, 2026 List of Tables
Kittelson & Associates, Inc. iv

LIST OF TABLES
Table 1. Intersection Level of Service Standards ................................................................................................................... 10 Table 2. Study Intersections .......................................................................................................................................................... 10 Table 3. Existing Conditions Level of Service ......................................................................................................................... 19 Table 4. Existing Conditions Queue Lengths .......................................................................................................................... 20 Table 5. Existing Plus Closure Project Level of Service ....................................................................................................... 27 Table 6. Existing Plus Closure Project Queue Lengths ........................................................................................................ 28 Table 7. Existing Plus Closure Project + Buildout Level of Service ................................................................................ 35 Table 8. Existing Plus Closure Project + Buildout Queue Lengths ................................................................................. 36 Table 9. LAVTA Project Trip Generation ................................................................................................................................... 38 Table 10. Cumulative No Project Level of Service ................................................................................................................ 43 Table 11. Cumulative No Project Queue Lengths ................................................................................................................. 44 Table 12. Cumulative Plus Project + Buildout Level of Service ....................................................................................... 49 Table 13. Cumulative Plus Project + Buildout Queue Lengths ........................................................................................ 50 Table 14. Impact on Travel Times with the Closure ............................................................................................................. 54

APPENDICES
Appendix A Existing
Appendix B Existing Conditions Synchro Worksheets
Appendix C Existing Plus Closure Project Synchro Worksheets Appendix D Existing Plus Project Plus Buildout Synchro Worksheets Appendix E Cumulative No-Build Synchro Worksheets
Appendix F Cumulative Plus Project Buildout Synchro Worksheets Appendix G Eden Landing Facility Turning Movement Volumes

ATTACHMENT 3
271
GILLIG Discovery Drive Closure Traffic Impact Analysis
June 10, 2026 Appendices
Kittelson & Associates, Inc. v

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ATTACHMENT 3
272

Executive Summary
ATTACHMENT 3
273
June 10, 2026
GILLIG Discovery Drive Closure Traffic Impact Analysis Executive Summary Kittelson & Associates, Inc. Page 1
Executive Summary
This Traffic Impact Analysis (TIA) evaluates the traffic effects of a series of proposed improvements at the GILLIG manufacturing facility located at 451 Discovery Drive in Livermore, California. The study was prepared at the request of GILLIG and in coordination with the City of Livermore Planning and Engineering staff, and is submitted in support of the project entitlement process.

PROJECT DESCRIPTION
The GILLIG facility is a bus manufacturing campus that straddles Discovery Drive, occupying parcels on both the east and west sides of the roadway. Three project components are proposed:
◼ Closure of Discovery Drive. The segment of Discovery Drive between Jack London Boulevard and Isabel Avenue would be closed to through traffic at the southern end of the GILLIG property and converted to a limited access/cul-de-sac, providing site access only. This would allow GILLIG to consolidate operations across both parcels, to the east and west of Discovery Drive. The resulting configuration would function similarly to the adjacent Voyager Street cul-de-sac. ◼ Warehouse Buildout Expansion. A proposed 80,045 square-foot warehouse building would be constructed on the west parcel to accommodate the relocation and consolidation of GILLIG's existing warehouse operations, currently housed at the company's Eden Landing facility. A future expansion area of equivalent size is also shown on the site plan, though it is not part of the current application.
◼ Office Buildout Addition. A three-story, 110,000 square-foot office building addition is proposed adjacent to the existing two-story office structure. This expansion would allow for the potential increase total on-site employment from approximately 250 to 490 employees.

Additionally, the City of Livermore requested that this analysis account for the traffic associated with the Livermore Amador Valley Transit Authority (LAVTA) development project, a separate development in the study area located off Discovery Drive at Atlantis Court. Per the City's direction, LAVTA project trips are incorporated into the cumulative analysis scenarios.

TRIP GENERATION METHODOLOGY
Because of the specialized nature of GILLIG's manufacturing operations, standard ITE trip generation rates were not found to be a suitable basis for the warehouse or office buildout components. The following methodologies were developed in coordination with the City:
◼ Warehouse Expansion: Turning movement counts collected at the Eden Landing facility - the warehouse operation being relocated - were used directly as the project trip input. This approach captures the actual traffic generation characteristics of GILLIG's warehouse operations. ◼ Office Addition: Existing driveway counts at the GILLIG site were doubled to reflect the approximate doubling of on-site employees. This is a conservative approach that provides an upper- bound estimate of employee trip generation.

ATTACHMENT 3
274
June 10, 2026
GILLIG Discovery Drive Closure Traffic Impact Analysis Executive Summary Kittelson & Associates, Inc. Page 2
◼ LAVTA Development: Trip generation was estimated using ITE rates for Land Use Code 710 (General Office Building) and Land Use Code 140 (Manufacturing), with trip distribution developed based on regional travel patterns.

SCENARIOS EVALUATED
Six scenarios were analyzed during the weekday AM and PM peak hours at four signalized study intersections:

ES 1. Summary of scenarios
Scenario Name Description Project Trips Included
Report
Section
Existing
Conditions
Baseline conditions based on field-collected peak
hour traffic counts at the study intersections. No
project.

None Section
2 Existing Plus
Project
(Closure Only)
Closure of Discovery Drive with existing through-
traffic reassigned to alternate routes. No new site-
generated trips from GILLIG expansion.

Discovery Drive
closure traffic
diversions
Section
3 Existing Plus
Project +
Buildout
Discovery Drive closure combined with trip
generation from the proposed warehouse
expansion (based on Eden Landing turning
movement counts) and the office addition (existing
driveway counts doubled to reflect doubling of on-
site employees).

Closure diversions +
warehouse
relocation trips +
doubled employee
trips
Section
4 Cumulative
No-Build
Cumulative background volumes (SMP 39/40
growth) plus trips from the LAVTA development
(ITE LUC 710 and 140). No GILLIG project trips.

Represents the no-project cumulative baseline
inclusive of LAVTA.

LAVTA project trips
only
Section
5 Cumulative
Plus Project +
Buildout
Full build-out scenario. Cumulative background
including LAVTA trips, combined with all GILLIG
project components: Discovery Drive closure,
warehouse relocation, and office expansion.

All GILLIG project
trips + LAVTA trips
Section
6 KEY FINDINGS
Under existing conditions, all four study intersections operate at acceptable levels of service (LOS D or better). The following summarizes findings by scenario:

ATTACHMENT 3
275
June 10, 2026
GILLIG Discovery Drive Closure Traffic Impact Analysis Executive Summary Kittelson & Associates, Inc. Page 3
Existing Conditions: All four study intersections operate at acceptable LOS (A through D) during both the AM and PM peak hours. The Isabel Avenue/Jack London Boulevard intersection has the highest existing delay, operating at LOS D in the AM peak and LOS C in the PM peak.

Existing Plus Project (Closure Only): The closure of Discovery Drive results in minimal traffic impact. All intersections continue to operate acceptably, with delay increases of less than one second. The closure is supportable under existing conditions.

Existing Plus Project + Buildout: With the addition of warehouse relocation trips and office addition trips, all four intersections continue to operate at acceptable LOS (D or better). Delay increases are minimal across all locations. No significant traffic impacts are identified, and no m itigation measures are required.

Cumulative No-Build: Under cumulative background conditions including the LAVTA development, the Isabel Avenue/Jack London Boulevard intersection is projected to operate at LOS E during both peak hours — a condition driven by area-wide background growth associated with the general plan, plus key nearby projects like the SMP 39/40 developments and the LAVTA project. This degradation is not attributable to any GILLIG project component.

Cumulative Plus Project + Buildout: All four study intersections continue to operate at acceptable LOS (D or better) with the exception of Isabel Avenue/Jack London Boulevard, which operates at LOS E consistent with the Cumulative No-Build baseline. The Discovery Drive closure adds approximately 1–2 seconds of incremental delay at this intersection, well below the City’s 5-second significance threshold for intersections already at LOS E. Regarding queuing, the southbound left-turn (SBL) movement at Isabel Avenue/Jack London Boulevard slightly exceeds available storage under cumulative conditions; however, this is not a project-related movement, the SBL queue deficiency already exists in the Cumulative No-Build scenario and is attributable to background growth, not the GILLIG project. No project-specific significant impacts are identified, and no mitigation measures are required.

Bicycle and Pedestrian Impacts: The proposed Discovery Drive closure will not impact bicycle or pedestrian access. An existing off-street trail on the west side of Discovery Drive recently extended south of the GILLIG property by the SMP 40 development toward Isabel Avenue, provides a continuous bicycle and pedestrian connection around the closure area, consistent with the City’s Bicycle Master Plan. This trail ensures uninterrupted multimodal access in the project vicinity. After the closure, pedestrians and bicycle commuters accessing the Oaks Business Park from the two LAVTA bus stops on Jack London Boulevard can still use Voyager Street to access businesses fronting it as before, while non-vehicle commuters that previously used Discovery Drive will be able to detour east along Jack London Boulevard to the existing off-street trail. This detour adds approximately 0.15 to 0.2 miles but utilizes existing improved facilities throughout to get to the businesses and community park along the southern portion of Discovery Drive.

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Introduction and Project Description
The GILLIG Corporation operates a bus manufacturing facility at 451 Discovery Drive in Livermore, California. The facility currently consists of a manufacturing plant, an existing two -story office building, and associated surface parking on parcels on both the east and west sides of Discovery Drive. As shown in Figure 1, Discovery Drive is a north-south collector roadway that begins at Jack London Boulevard to the north and curves eastward, terminating at its intersection with Isabel Avenue.

GILLIG is proposing three improvements to expand and consolidate its campus operations. The proposed conceptual site plan is shown in Figure 2.

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1.1 DISCOVERY DRIVE CLOSURE
GILLIG proposes to close Discovery Drive to through traffic between Jack London Boulevard and Isabel Avenue. Once closed, the segment would operate as a private cul-de-sac serving as site access for both parcels of the GILLIG campus, similar in function to the adjacent Voyager Street, which terminates in a cul - de-sac at the DHL supply building to the south.

The closure would eliminate the existing connection between Jack London Boulevard and Isabel Avenue via Discovery Drive. Traffic currently using Discovery Drive as a through route would be redirected to alternate routes, primarily Isabel Avenue and Jack London Boulevard.

1.2 WAREHOUSE EXPANSION
An 80,045 square-foot warehouse building is proposed on the west parcel of the GILLIG campus to accommodate the relocation of warehouse operations currently conducted at GILLIG's Eden Landing facility. Consolidating these operations at the Discovery Drive campus is a key driver of the closure, as it requires operational access across both sides of the property. The site plan also shows a future warehouse expansion area of equivalent size on the west parcel.

1.3 OFFICE ADDITION
A three-story, 110,000 square-foot office building addition is proposed adjacent to the existing two-story office structure on the east parcel. This expansion would support an increase in total on -site employment from approximately 250 employees to 490 employees, roughly doubling the workforce.

1.4 LAVTA DEVELOPMENT
Separate from the GILLIG project, the Livermore Amador Valley Transit Authority (LAVTA) is proposing a development in the study area. The City of Livermore requested that this TIA incorporate the traffic effects of the LAVTA project into the cumulative analysis scenarios, to provide a comprehensive picture of future traffic conditions in the area. The LAVTA project is evaluated using ITE-based trip generation and is added to the cumulative background volumes consistent with City direction. LAVTA project det ails and trip generation are described in Section 5.

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Methodologies and Existing Conditions

2.1 IMPACT CRITERIA AND ANALYSIS

STANDARDS

2.1.1 Intersection Level of Services Standards
A level of service (LOS) analysis is included for non -CEQA purposes to determine if local intersections operate acceptably and if the project would cause any negative effects on local roadway operations. This approach is consistent with the City's adopted thresholds of significance and screening criteria.

According to the City of Livermore’s General Plan Goal CIR -5.11, the City has established the acceptable upper limit of LOS to be a mid -level D for signalized intersections, except in the Downtown Area and near freeway interchanges. For all -way stop-controlled intersections, LOS E is considered acceptable, and for two-way stop-controlled intersections, critical movements are allowed to experience delays of up to 90 seconds per vehicle.

2.1.1.1 SIGNALIZED INTERSECTIONS
Signalized intersection improvements should be identified if the project would degrade the AM or PM peak hour conditions from an acceptable LOS D or better under the No Project scenario to an unacceptable LOS E under the Plus Project scenario.

In addition, improvements should be identified at an intersection already operating at LOS E under an Existing or No Project scenario if the addition of Project traffic results in an increase of 5.0 seconds or more in the intersection’s average control delay.

2.1.1.2 UNSIGNALIZED INTERSECTIONS
At unsignalized intersections, the need for improvements is based on LOS and delay, and whether any of the following are met:
◼ Traffic signal warrant, or
◼ Pedestrian signal warrant, or
◼ All-way stop warrant
Note that solely triggering a warrant does not trigger the need for an intersection improvement, but the City will at its discretion determine whether a signal should be installed, where warranted.

2.1.1.3 LEVEL OF SERVICE DEFINITIONS
In this report, LOS is based on the Highway Capacity Manual (HCM) 6th edition definitions, included as Table 1 for ease of reference. The HCM methodology assigns an LOS grade to an intersection based on the delay

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for vehicles at the intersection, ranging from LOS A to LOS F; LOS A signifies very slight delay with no approach phase fully utilized, while LOS F signifies very high delays and congestion, frequent cycle failures, and long queues. For signalized and all-way stop-controlled intersections, the average control delay for all vehicles is assessed; for two -way stop-controlled intersections, the intersection approach with the highest delay is utilized.

Table 1. Intersection Level of Service Standards
Level of Service
Delay Per Vehicle (Seconds)
Signalized Intersection Unsignalized Intersection
A < 10.0 < 10.0
B > 10.0 to 20.0 > 10.0 to 15.0
C > 20.0 to 35.0 > 15.0 to 25.0
D > 35.0 to 55.0 > 25.0 to 35.0
E > 55.0 to 80.0 > 35.0 to 50.0
F > 80.0 > 50.0
Source: Highway Capacity Manual, 6th Edition

2.1.1.4 STUDY INTERSECTIONS
A total of 4 study intersections (listed in Table 2) were selected for the purposes of this analysis. All study intersections are under the City of Livermore’s jurisdiction. These study intersections were selected based on discussions with City Engineering staff and generally follow anticipated distributio n of project vehicle trips. While traffic counts were collected at the three GILLIG driveways along Discovery Drive, the counts were used in the diversion analysis and since the closure would convert these to internal driveways, no intersection analysis was conducted.

Table 2. Study Intersections
# Intersection Traffic Control
1 Discovery Drive/ Jack London Boulevard Signal
2 Voyager Street/ Jack London Boulevard Signal
3 Isabel Avenue/ Jack London Boulevard Signal
4 Isabel Avenue/ Discovery Drive Signal

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2.2 ANALYSIS SCENARIOS
Study intersection operations are evaluated under the six scenarios summarized in the Executive Summary. The near-term scenarios (Scenarios 1 through 3) compare project conditions against existing traffic volumes. The cumulative scenarios (Scenarios 4 through 6) compare project conditions against a future background that incorporates growth and development traffic from the City's approved SMP 39 and SMP 40 projects. The LAVTA project trips are added to all cumulative scenarios per City direction.

2.3 TRIP GENERATION METHODOLOGY

2.3.1 Discovery Drive Closure
The closure of Discovery Drive does not generate new vehicle trips. It redirects existing through -traffic vehicles traveling between Jack London Boulevard and Isabel Avenue via Discovery Drive to alternate routes. Origin-destination data collected during field counts were used to quantify the volume of through-traffic on Discovery Drive that would be diverted. These vehicles were reassigned to the most logical alternate routing via Jack London Boulevard and Isabel Avenue, as described in Section 3 .

2.3.2 Warehouse Expansion
The proposed warehouse expansion involves relocating existing GILLIG warehouse operations from the Eden Landing facility to the Discovery Drive campus. Because no ITE land use code was identified as a directly applicable analog for this type of specialized manufacturing-support warehouse, the study team worked with the City to develop an alternative approach: turning movement counts collected at the Eden Landing facility are used as the project trip input for the warehouse component.

This methodology reflects the actual trip-making characteristics of the operation being relocated, rather than a generalized ITE rate, and was accepted by the City as the most representative approach given the operational specificity of GILLIG's warehouse activities.

2.3.3 Office Addition
The proposed office addition would approximately double on-site employment from 250 to 490 employees. Existing driveway count data collected at the GILLIG site were used as the basis for trip generation. To conservatively represent the doubling of employees, the AM and PM peak hour driveway volumes were doubled. This produces an upper-bound estimate of employee trip generation for the office expansion and was reviewed and accepted by the City as a reasonable methodology.

2.3.4 LAVTA Development
Trip generation for the LAVTA project was estimated using ITE Trip Generation rates for the following land uses:
◼ ITE Land Use Code 710 — General Office Building
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◼ ITE Land Use Code 140 — Manufacturing
Trip distribution was based on regional directional split assumptions consistent with travel patterns in the study area. The resulting LAVTA peak hour trips were assigned to the study intersection network and added to the cumulative background volumes in Scenarios 4 through 6.

2.4 EXISTING NETWORK
The roadway system in the project vicinity consists of arterial, collector, and local roadways that serve local and regional traffic demand. The vehicular facilities in the study area are discussed below.

2.4.1 Roadways

2.4.1.1 ARTERIAL ROADWAYS
Isabel Avenue (State Route 84) is a north–south Principal Arterial and designated state route that connects I-580 to Stanley Boulevard and southern Livermore. In the vicinity of the project site, Isabel Avenue is a six-lane divided roadway with a posted speed limit of 50 mph. Medians are provided to separate opposing directions of travel and left-turn pockets are striped at major intersections. No sidewalks are present on both sides, and Class II bicycle lanes are striped in the North leg. Isabel Avenue provides primary regional access to the GILLIG facility and the surrounding employment area.

Jack London Boulevard is an east–west Principal Arterial extending from Isabel Avenue to El Charro Road. In the project vicinity, Jack London Boulevard is a four-lane divided roadway with a posted speed limit of 40 mph. Travel lanes are generally 12 feet wide, with raised medians separating directions of travel. Left-turn lanes are provided at intersecting streets, including Discovery Drive and Voyager Street.

Striped Class II bicycle lanes are available along both sides of the roadway. Sidewalk are present only on the eastbound of the roadway. Jack London Boulevard serves as the primary east–west access to the project site

2.4.1.2 COLLECTOR ROADWAYS
Discovery Drive is a north–south Collector roadway that extends from Jack London Boulevard and curves eastward to Isabel Avenue. The roadway is currently a two-lane facility with a posted speed limit of 25 mph. Curb-to-curb width is approximately 40 feet. Sidewalks are present on both sides of the roadway, and bicycle travel is accommodated in shared lanes. In the study area, Discovery Drive primarily provides site access to the GILLIG property and also serves the businesses to the south (FM Industries, Tesla Warehouse, DraxlMaier Group, and the recently constructed SMP40 warehouses) and will be closed to through-traffic under the proposed project.

Voyager Street is a north–south Collector roadway that begins at Jack London Boulevard and terminates in a cul-de-sac south of the DHL supply building. The roadway is two lanes wide with a curb -to-curb width of approximately 36 feet. On-street parking is generally restricted near intersections and driveways.

Sidewalks are provided, but no designated bicycle facilities are striped. Voyager Street functions as a local access road for adjacent industrial and warehouse uses.

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2.4.2 Transit Service
The transit system in the study area consists of local bus service provided by Livermore Amador Valley Transit Authority (LAVTA), also known as Wheels. Wheels provides fixed-route bus service throughout Livermore, Pleasanton, and Dublin, with connections to the Dublin/Pleasanton BART Station located approximately 5 miles west of the project site.

Several Wheels routes operate along Isabel Avenue and Jack London Boulevard in the project vicinity. The nearest bus stops are located along Jack London Boulevard to the west of Discover Dr and opposite to Voyager St. These stops provide access to Route 14, which connect riders to downtown Livermore, Lawrence Livermore National Laboratory (LLNL), and the Dublin/Pleasanton BART Station

2.4.3 Pedestrian and Bicycle Facilities
The study area contains several facilities that support walking and bicycling. Sidewalks are provided along all major roadways in the project vicinity, including Isabel Avenue, Jack London Boulevard, Discovery Drive, and Voyager Street. Pedestrian crossings are marked at signalized intersections, with pedestrian signal heads provided at Isabel Avenue/Jack London Boulevard and Isabel Avenue/Discovery Drive.

The bicycle network in the study area consists of a mix of striped lanes, multi-use trails, and shared facilities. Bicycle facilities are categorized into four types, as described below:
◼ Class I Bikeway (Bike Path). A paved right-of-way for bicycle travel that is completely separate from any street or highway.
◼ Class II Bikeway (Bike Lane). A striped and stenciled lane for one-way bicycle travel on a street or highway. This may include buffered lanes.
◼ Class III Bikeway (Bike Route). A signed route where bicyclists share the roadway with vehicles, sometimes marked with shared-lane markings (sharrows).
◼ Class IV Bikeway (Separated Bike Lane). A bikeway for the exclusive use of bicycles, physically separated from vehicle traffic by posts, barriers, or on-street parking.

The existing bicycle facilities in the study area include:
◼ Class II Bike Lanes along Jack London Boulevard, both eastbound and westbound, connecting to Isabel Avenue.
◼ Class II Bike Lanes on Isabel Avenue in both directions.

The future bicycle facilities planned (already constructed up to Isabel Avenue) in the study area include:
◼ Class I Trail west of Discovery Drive that extends south through the SMP 40 development area, providing an off-street connection to Isabel Avenue. Future Plans call for the extension of this trail as an underpass to Isabel Avenue eventually connecting to Arroyo Bike Trail.

According to the City of Livermore Active Transportation Plan (2024)2, several bicycle and pedestrian improvements are planned in the project area. Of particular relevance is the recently completedT-19 multi-use trail connection, which links the SMP 40 development and Discovery Drive area to Isabel Avenue

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via an off-street path. This facility will provide enhanced multimodal connectivity for bicyclists and pedestrians accessing GILLIG and surrounding properties and would serve as an alternative multimodal option when Discovery Drive is closed.

2.5 EXISTING TRAFFIC VOLUMES
Intersection turning movement counts and roadway volumes were collected at the study intersections and project driveways. Counts were conducted on Thursday, March 27th, 2025 for both, AM (7:00–9:00 AM) and PM (4:00–6:00 PM) peak periods to capture the highest traffic activity. Data collection included all modes: automobiles, heavy trucks, bicycles, and pedestrians.

The following data were collected for this study:
◼ Intersection turning movement counts at four study intersections and three GILLIG driveways. ◼ Average Daily Traffic (ADT) counts on two roadway segments in the southern end of the project vicinity to assess through-traffic diversion patterns and quantify the proportion of local versus pass- through traffic on Discovery Drive.

These datasets provide the basis for evaluating existing conditions and estimating project -related traffic diversions. The GILLIG driveway counts, in particular, allow for an assessment of the current trip generation to and from the site, which is critical for understanding how operations may shift following the proposed closure of Discovery Drive. Figure 3 illustrates the existing lane configurations and traffic control devices at the study intersections. Figure 4 and Figure 5 shows the peak hour traffic volumes at the study intersections.

2.5.1 Existing Traffic Volumes on Discovery Drive
Traffic counts were collected on Discovery Drive at the proposed closure location to quantify the volume of through-traffic that would be diverted to alternate routes. A 24-hour count was conducted in both directions to capture the daily traffic profile and identify peak usage periods.

The 24-hour count profile revealed that Discovery Drive experiences relatively consistent traffic volumes throughout the day, with modest peaks during traditional commute hours. However, the highest observed volumes occurred outside the standard AM and PM peak commute periods, likely due to construction traffic associated with the nearby SMP 40 development and industrial/manufacturing traffic with non - traditional work schedules that utilize Discovery Drive for early morning shifts or midday operations.

During the weekday 24-hour period, the following through-traffic volumes were observed on Discovery Drive:
▪ ADT count of 511 vehicles was collected in the northbound direction ▪ ADT count of 527 vehicles was collected in the southbound direction During the weekday highest counted peak hours, the following through-traffic volumes were observed on Discovery Drive:

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◼ AM Peak (4:00-5:00 AM): 41 vehicles per hour northbound ◼ PM Peak (1:00-2:00 AM): 41 vehicles per hour northbound

◼ AM Peak (10:00-11:00 AM): 27 vehicles per hour southbound ◼ PM Peak (1:00-2:00 AM): 89 vehicles per hour southbound During the weekday peak commute hours, the following through-traffic volumes were observed on Discovery Drive:
◼ AM Peak Hour (8:00-9:00 AM): 24 vehicles per hour southbound, 26 vehicles per hour northbound ◼ PM Peak Hour (4:00-5:00 PM): 23 vehicles per hour southbound, 27 vehicles per hour northbound Note: While higher traffic volumes were recorded during off-peak periods, likely for early morning commutes to manufacturing or construction jobs, or for midday lunch periods, the peak commute hour volumes were used as the basis for this analysis consistent with City of Livermore Level of Service evaluation requirements, which focus on intersection performance during the weekday AM and PM peak hours since these hours usually exhibit the higher overall intersection volumes, delays and queues .

These Discovery Drive through-traffic volumes, in combination with the GILLIG driveway counts, formed the basis for developing the traffic diversion scenarios under the Existing Plus Closure Project conditions.

The southbound and northbound through-movements were reassigned to Isabel Avenue and Jack London Boulevard in both directions to evaluate the operational impacts of eliminating the Discovery Drive connection.

Supporting materials are provided in the appendices, Appendix A – Field-collected Turning Movement Count Worksheets and 24-hour volume profile.

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June 10, 2026
GILLIG Discovery Drive Closure Traffic Impact Analysis Methodologies and Existing Conditions Kittelson & Associates, Inc. Page 19

2.6 EXISTING TRAFFIC OPERATIONS AND

PERFORMANCE
LOS at the study intersections were evaluated based on the HCM 7th Edition methodology, as implemented in the Synchro 12 software package. LOS analysis was performed for the weekday AM and PM peak hours.

Table 3 provides a summary of the existing conditions level of service. Appendix B contains the Existing Conditions LOS Worksheets.

As shown in Table 3, all study intersections operate acceptably (LOS D or better) under Existing conditions during the AM and PM peak hours. Note, intersection LOS was not conducted at the three GILLIG driveways along Discovery Drive.

Table 3. Existing Conditions Level of Service
# Intersection Traffic Control
Weekday AM Weekday PM
Delay
(Sec)
LOS Delay
(Sec) LOS
1 Discovery Drive/ Jack London Boulevard Signal 6.1 A 8.5 A 2 Voyager Street/ Jack London Boulevard Signal 6.5 A 8.8 A 3 Isabel Avenue/ Jack London Boulevard Signal 38.0 D 34.6 C 4 Isabel Avenue/ Discovery Drive Signal 6.9 A 7.4 A
Source: Kittelson & Associates, Inc. 2026
Note: Bold signifies unacceptable operations.

The 95th percentile queues at the study intersections were reviewed to identify locations where these may exceed the available storage, for informational purposes. The 95 th percentile queue lengths represent queues that have only a 5% probability of exceeding the available storage lengths. This measure is typically used in traffic engineering as a conservative measure of queuing and since it only has a 5% probability of being exceeded, the average driver would likely experience shorter queue lengths than what is being reported.

For through movements and turning movements without a dedicated lane, the available storage is assumed to be the distance from the stop bar to the departure point of the nearest upstream stop - controlled or signalized intersection. For turning movements with an exclusive turn lane, the length of the turn bay is assumed to be the available storage.

Table 4 details the queue lengths of the respective movements against their available storage capacity at the 95th percentile demand level under Existing conditions. Appendix B contains the Existing Conditions Synchro Queue Worksheets.

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Table 4. Existing Conditions Queue Lengths
Intersection Peak EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR

1. Discovery Drive and Jack London Blvd
Storage NA Cont. NA 200 700 NA 400 NA 400 NA NA NA
AM - 44 - 24 78 - 18 - 0 - - -
PM - 142 - 14 42 - 34 - 0 - - -

2. Voyager Street and Jack London Blvd
Storage NA 700 NA 300 970 NA 350 NA 350 NA NA NA
AM - 42 - 38 71 - 15 - 0 - - -
PM - 137 - 24 4 - 12 - 0 - - -

3. Isabel Avenue and Jack London Blvd
Storage 200 970 450 215 800 800 290 Cont. 340 275 Cont. 250 AM 23 52 11 113 352 388 131 448 54 119 604 21
PM 51 208 59 64 176 276 46 351 54 128 387 0

4. Isabel Avenue and Discovery Dr
Storage Cont. NA 290 NA NA NA 275 Cont. NA NA Cont. 200 AM 11 - 8 - - - 16 89 - - 233 15
PM 18 - 11 - - - 8 90 - - 216 13
Source: Kittelson & Associates, Inc. 2026
Note: Red cells signifies exceeded queueing storage capacity. NA represents the movement is not applicable . Cont. represents continuous storage primarily for through lanes.

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Scenario 2: Existing Plus Project
Traffic Conditions
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GILLIG Discovery Drive Closure Traffic Impact Analysis Existing Plus Project Conditions Kittelson & Associates, Inc. Page 22
Existing Plus Project Conditions

3.1 EXISTING PLUS PROJECT TRAFFIC VOLUMES
To evaluate the effects of the proposed closure of Discovery Drive, the existing peak hour traffic volumes were reassigned to reflect the rerouting of through-traffic. The reassignment accounts for the closure of the south leg of Discovery Drive at Jack London Boulevard, which eliminates direct southbound and westbound through movements.

The following volume adjustments were applied:
◼ Southbound Discovery Drive traffic – Vehicles traveling southbound on Discovery Drive were rerouted to continue eastbound through the Discovery Drive/Jack London Boulevard intersection and Voyager Avenue /Jack London Boulevard intersection. These vehicles were then reassigned as eastbound right-turn movements at the Isabel Avenue/Jack London Boulevard intersection to continue south on Isabel Avenue. Some trips would then reenter Discovery Drive to access the business in the south.
◼ Northbound left traffic entering Isabel Avenue/Discovery Drive – Vehicles entering from the south leg at Isabel Avenue/Discovery Drive were reassigned to continue going Northbound through Isabel Avenue/Discovery Drive and Northbound left at Isabel Avenue/Jack London Boulevard intersections to continue westbound left on Discovery Drive All other volumes at the study intersections remained unchanged under the Existing Plus Closure condition. Figure 6 and Figure 7 illustrates the reassigned traffic volumes and their respective trip assignments for each peak period.

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© 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS 1 3
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Trip Assignment - Closure of Discovery Drive
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Livermore Gillig Discovery Road Close May 2026
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Trip Assignment - Closure of Discovery Drive
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Existing Plus Closure Project Traffic Volumes
Livermore, CA 8
Livermore Gillig Discovery Road Close May 2026
Figure
11 10 1
186
18 43
503
3 8
21 1
189
10 34
527
1 196
1199
180 151
1478
94 18
74 104 146
285
455
31 1480 1705
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H:\31\31541 - Livermore Gillig Discovery Rd Close TIA\report\figs\31541 Gillig Figures.dwg May 21, 2026 - 10:19am - pbalan Layout Tab: Figure9 PM Peak
Existing Plus Closure Project Traffic Volumes
Livermore, CA 9
Livermore Gillig Discovery Road Close May 2026
Figure
35 12 3
1 604
15 35
265
7 45
1 617
2 20
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1 97
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51 80
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182 108
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11 1498 1628
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June 10, 2026
GILLIG Discovery Drive Closure Traffic Impact Analysis Existing Plus Project Conditions Kittelson & Associates, Inc. Page 27

3.2 TRAFFIC OPERATIONS AND PERFORMANCE
LOS at the study intersections were evaluated under the Existing Plus Project scenario using the HCM 7th Edition methodology, as implemented in the Synchro 12 software package. LOS analysis was performed for the weekday AM and PM peak hours, consistent with the Existing conditions evaluation.

Table 5 provides a summary of the intersection level of service results with the closure in place. Appendix C contains the Existing Plus Closure Project LOS Worksheets.

As shown in Table 5, all study intersections continue to operate acceptably (LOS D or better) during both the AM and PM peak hours under the closure scenario. The rerouting of traffic to Isabel Avenue and Jack London Boulevard slightly increases delay at the Isabel Avenue/Jack London Boulevard intersection; however, this increase does not result in degradation to an unacceptable LOS.

Table 5. Existing Plus Closure Project Level of Service # Intersection Traffic Control
Weekday AM Weekday PM
Delay
(Sec)
LOS Delay
(Sec) LOS
1 Discovery Drive/ Jack London Boulevard Signal 6.5 A 9.4 A 2 Voyager Street/ Jack London Boulevard Signal 6.6 A 8.7 A 3 Isabel Avenue/ Jack London Boulevard Signal 38.2 D 35.3 D 4 Isabel Avenue/ Discovery Drive Signal 6.9 A 7.4 A
Source: Kittelson & Associates, Inc. 2026
Note: Bold signifies unacceptable operations.

Table 6 summarizes the queue lengths of the respective movements against their available storage capacity at the 95th percentile demand level. Compared to Existing conditions, queues increase modestly at the Isabel Avenue/Jack London Boulevard intersection due to the diversion of southbound Discovery Drive traffic; however, all these increases remain within available storage for all movements.

Detailed Synchro queue reports for the Existing Plus Closure Project are included in Appendix C.

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Table 6. Existing Plus Closure Project Queue Lengths
Intersection Peak EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR

1. Discovery Drive and Jack London Blvd
Storage NA Cont. NA 200 700 NA 400 NA 400 NA NA NA
AM - 52 - 45 78 - 18 - 0 - - -
PM - 152 - 36 41 - 35 - 0 - - -

2. Voyager Street and Jack London Blvd
Storage NA 700 NA 300 970 NA 350 NA 350 NA NA NA
AM - 47 - 38 75 - 15 - 0 - - -
PM - 143 - 24 43 - 13 - 0 - - -

3. Isabel Avenue and Jack London Blvd
Storage 200 970 450 215 800 800 300 Cont. 340 275 Cont. 250 AM 23 53 34 114 358 394 149 447 53 120 614 22
PM 51 208 63 64 176 276 59 351 54 128 387 0

Livermore City CouncilJuly 13, 2026

Livermore City Council
July 13, 2026