Livermore City Council Agenda September 14, 2026
CITY COUNCIL
AGENDA
MONDAY, SEPTEMBER 14, 2026
**REVISED TO PUBLISH ITEM 6.14,
UPDATED ORDINANCES FOR ITEMS 6.16, 6.17, 6.18
AND THE STAFF REPORT FOR ITEM 6.20 **
REGULAR HYBRID MEETING – 7:00 PM
LIBRARY SUMMER LEARNING AWARDS - 6:00 P.M.
CLOSED SESSION - 6:40 P.M.
IN PERSON PARTICIPATION
CIVIC CENTER MEETING HALL
DR. JOHN SHIRLEY COUNCIL CHAMBER
1016 S. LIVERMORE AVENUE
TELECONFERENCE PARTICIPATION
ZOOM WEBINAR:
https://us02web.zoom.us/j/81349579645
Zoom dial in phone number: +1 669 900 6833
Meeting ID: 813 4957 9645
***LATEST VERSION OF ZOOM RECOMMMENDED***
YOUTUBE CHANNEL VIEWING
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
CABLE CHANNEL VIEWING
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
1 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 are 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 Disabilities 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 collectively have the opportunity to address the City Council for up to 30 minutes. Any additional in-person speakers who wish to speak at the conclusion of the 30-minute time period, 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
(may not 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
Livermore City Council Agenda September 14, 2026
2 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. Materials received after 12:00 p.m. will be included in the supplemental packet.
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 on the day of the meeting.
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 following the meeting.
Livermore City Council Agenda September 14, 2026
3 1. CLOSED SESSION
Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
Note: This Closed Session may be continued to the end of the Regular Meeting.
1.1 Conference with Legal Counsel - Anticipated Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(2) because there is significant exposure to litigation against the City based on existing facts and circumstances. One potential case.
Facts and circumstances: Receipt of right-to-sue letters from the Equal Employment Opportunity Commission (EEOC) and the California Civil Rights Department (CRD) concerning an employment related claim against the City. Copies of the right to sue letters are attached for public inspection. Government Code section 54956.9(e)(3).
Attachments:
1. EEOC and CRD Right to Sue
1.2 Conference with Real Property Negotiators. To meet with Andy Ross, Principal Planner, Brandon Cardwell, Economic Development Director, and Brent Smith, Community Development Director, the City's negotiators, pursuant to Government Code Section 54956.8, regarding the potential acquisition of real property including, the following Assessor Parcel Nos. identified as: 099A-1610-001-09, 099A-2300-004-04, 099A-2300-004-06, 099A-2310- 003-01, 099A-2310-004-00, 099A-2310-005-01, 099A-2310-005-02. The acquisition is intended to be part of the City's Open Space Conservation Program, which works with willing property owners to acquire land for open space, habitat and watershed protection, and nonmotorized passive recreational opportunities. The City's negotiators may negotiate with Matthew Ford, Esq., Danniel Sachau, and Karl Wente, Chief Operating Officer and Board Member of Wente Bros. (dba Wente Family Vineyards/Wente Family Estates), Vice President and Vice Chairman of the Board of Wente Land & Cattle Company, and Operating Manager for Sachau LLC. The instructions to the City's negotiators will concern price and terms of payment.
2. CALL TO ORDER
SUMMER LEARNING AWARDS - 6:00 PM
ROLL CALL
Council Member Ben Barrientos
Council Member Evan Branning
Council Member Steven Dunbar
Vice Mayor Kristie Wang
Mayor John Marchand
PLEDGE OF ALLEGIANCE
REPORT OF ACTION TAKEN IN CLOSED SESSION
Livermore City Council Agenda September 14, 2026
4 3. PROCLAMATIONS AND PRESENTATIONS
3.1 Recognition of Granada Little League Members for their 2026 Intermediate (50/70) Little League U.S. Championship victory.
Recommendation:
Staff recommend the City Council recognize and congratulate the Granada Little League for their 2026 Intermediate (50/70) Little League U.S. Championship victory.
Staff Report
Attachments:
3.1 Granada Little League Certificates
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 - June 8, 2026 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
DRAFT 2026-06-08
6.2 Resolution authorizing the acceptance for permanent maintenance, release of security, and execution of Notice of Completion for the Water Reclamation Plant (WRP) UV Treatment System Replacement Project WW202128.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance, release of security, and authorizing the City Manager to sign the Notice of Completion for the Water Reclamation Plant (WRP) UV Treatment System Replacement Project WW202128.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Notice of Completion
6.3 Resolution authorizing execution of a first amendment to the professional services agreement with Carollo Engineers, Inc., for additional design services for Water Reclamation Plant (WRP) Digester Heating Loop Replacement Project WW202315, increasing the not-to-exceed agreement amount from $1,783,054 to $2,147,281.
Livermore City Council Agenda September 14, 2026
5 Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a first amendment to the professional services agreement with Carollo Engineers, Inc., increasing the not-to-exceed contract amount from $1,783,054 to $2,147,281 to add design services for Digester Building safety improvements as part of the WRP Digester Heating Loop Replacement Project WW202315.
Staff Report
Attachments:
1. Site Plan
2. Resolution
3. Exhibit A - First Amendment to Agreement with Carollo Engineers, Inc.
6.4 Resolution approving an exception to the Livermore Municipal Code bidding requirements and authorizing sole sourcing of a specific Fonroche brand of streetlights equipment for the construction of Street Lighting Projects, including Project TC202518, through December 31, 2031.
Recommendation:
The City Engineer recommends the City Council adopt a resolution:
1. Approving, per the recommendation of the City Engineer, an exception to the bidding requirement contained in Livermore Municipal Code Section 2.68.550(C) because there is no competitive advantage to be gained by inviting bids and the City Engineer has determined that the supplies and equipment are unique and available from a sole source;
2. Authorizing sole sourcing of the Fonroche Lighting America specific brand of equipment and instruments for the construction of the Street Lighting Project, including TC202518, through December 31, 2031; and
3. Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution.
Staff Report
Attachments:
1. Location Map
2. Streetlight Exhibit
3. Resolution
6.5 Resolution authorizing execution of agreements for constructability review, construction management, and inspection services with Kitchell/CEM, Inc., in an amount not-to-exceed $3,200,000, for the Fire Station 6 Building Improvements Project PS202215, with a term ending December 31, 2030; and Griffin Structures, in an amount not-to-exceed $555,000, for the Police Building Renovations Project PS202316 and as-needed construction inspection services for other Capital Improvement Projects, with a term ending December 31, 2028 Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute agreements for constructability review and construction management and inspection services with Kitchell/CEM, Inc., in an amount not-to-exceed $3,200,000, for the Fire Station 6 Building Livermore City Council Agenda September 14, 2026
6 Improvements Project PS202215, with a term ending December 31, 2030; and Griffin Structures, in an amount not-to-exceed $555,000, for the Police Building Renovations Project PS202316 and as-needed construction inspection services for other Capital Improvement Projects, with a term ending December 31, 2028.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Kitchell/CEM, Inc. Agreement
3. Exhibit B - Griffin Structures Agreement
6.6 Resolution authorizing filing an application for Alameda County Transportation Commission administered funding of $2,775,000 for the East Avenue Corridor Active Transportation Plan Implementation Project TB202222 via the 2028 Comprehensive Investment Plan and committing any necessary matching funds and stating assurances to complete the project.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing filing an application for Alameda County Transportation Commission administered funding of $2,775,000 for the East Avenue Corridor Active Transportation Plan Implementation Project TB202222 via the 2028 Comprehensive Investment Plan and committing any necessary matching funds and stating assurances to complete the project.
Staff Report
Attachments:
1. Project Map
2. Resolution
6.7 Resolution authorizing filing an application for Alameda County Transportation Commission administered funding of $3,188,000 for the Isabel Pedestrian Bridge and Trail Project TB202618 via the 2028 Comprehensive Investment Plan and committing any necessary matching funds and stating assurances to complete the project.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing filing an application for Alameda County Transportation Commission administered funding of $3,188,000 for the Isabel Pedestrian Bridge and Trail Project TB202618 via 2028 Comprehensive Investment Plan and committing any necessary matching funds and stating assurances to complete the project.
Staff Report
Attachments:
1. Project Map
2. Resolution
6.8 Resolution authorizing filing an application for Alameda County Transportation Commission administered funding of $4,566,000 for the Citywide Traffic Signal Upgrade and Interactive Dashboard Project TC202020 via the 2028 Comprehensive Investment Plan and committing any necessary matching funds and stating assurances to complete the project.
Recommendation:
Livermore City Council Agenda September 14, 2026
7 Staff recommends the City Council adopt a resolution authorizing the filing of an application for Alameda County Transportation Commission administered funding of $4,566,000 for the Citywide Traffic Signal Upgrade and Interactive Dashboard Project TC202020 via the 2028 Comprehensive Investment Plan and committing any necessary matching funds and stating assurances to complete the project.
Staff Report
Attachments:
1. Project Location Map
2. Resolution
6.9 Resolution to declare a portion of 7.6 acres of City-owned real property, commonly known as Hagemann Park, as exempt surplus land under the Surplus Land Act.
Recommendation:
Staff recommends the City Council adopt a resolution to declare approximately 3,124 square feet of City-owned property, referred to as a portion of Assessor's Parcel Number (APN) 099- 0189-001, as exempt surplus land under the Surplus Land Act because it qualifies for the “small surplus land parcels” exemption established in Section 54221(f)(1)(B) of the Act and Section 103(c)(3) of the Guidelines; and direct the Innovation and Economic Development Department Director, or his designee, to provide a copy of this resolution to HCD at least thirty (30) days prior to the disposition of a portion of the City owned property.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Property
4. Exhibit B - Premises
6.10 Resolution authorizing the execution of a charging station lease agreement with IONNA LLC (IONNA) for the installation and operation of electric vehicle charging stations on a portion of real property located at 1082 East Stanley Boulevard and finding the project exempt from the California Environmental Quality Act.
Recommendation:
Staff recommends that the City Council adopt a resolution:
(1) Finding that issuance of the Lease and the installation, maintenance, and operation of electric vehicle chargers and ancillary items are exempt from the California Environmental Quality Act pursuant to CEQA Guidelines sections 15301, 15303, and 15061(b)(3); (2) Authorizing the execution of the Lease with IONNA LLC; (3) Designating the City Manager, or her designee, to administer the Lease and to consent to anything requiring City approval; and
(4) Authorizing the City Manager, or her designee, to take all necessary and appropriate actions to carry out the purpose and intent of the resolution, including making non-substantive changes to the Lease to facilitate recording with the Alameda County Clerk Recorder's Office.
Staff Report
Attachments:
1. Location Map
2. Resolution
Livermore City Council Agenda September 14, 2026
8 3. Exhibit A - Lease Agreement
6.11 Resolution authorizing execution of a three-year agreement with IC Systems, Inc. for Accounts Receivable Collection Services ending June 30, 2029 in an amount not-to-exceed $1,000,000.
Recommendation:
Staff recommends the City Council adopt a resolution approving a three-year contract with IC Systems, Inc. to provide accounts receivable collection services for City departments, in an amount not to exceed $1,000,000, and authorizing the City Manager to execute the agreement and any necessary amendments.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Professional Services Agreement
6.12 Resolution authorizing the City Manager to enter into a second amendment to the LivermorePleasanton Fire Department Joint Powers Authority agreement for legal services with Stoel Rives LLP for work related to the San Francisco Bay Regional Water Quality Control Board’s PFAS investigation of various LPFD facilities in an amount not to exceed $1,000,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager, or her designee, to execute a Second Amendment to the agreement with Stoel Rives LLP for work related to the San Francisco Bay Regional Water Quality Control Board's investigation of PFAS at Livermore-Pleasanton Fire Department (LPFD) facilities, increasing the agreement by $600,000 for a total not-to-exceed amount of $1,000,000.
Staff Report
Attachments:
1. Resolution
2. Stoel Rives - Amendment
6.13 Resolution authorizing the execution of an agreement with Monarch Technologies, Inc for business license and tobacco retail license services in an amount not to exceed $460,000, plus up to $1,000,000 for all accounts in the aggregate for discovery and audit services.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Monarch Technologies, Inc (Monarch) for business license and tobacco retail license services in an amount not-to-exceed $460,000 for administration services and up to $1,000,000 in the aggregate for all accounts for discovery and audit services, limited to $250,000 per account, for a term of three years with two one-year renewal options.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Professional Services Agreement with Monarch Technologies, Inc.
6.14 Resolution authorizing a five-year Professional Services Agreement with CBRE, Inc. for oncall real estate and economic development consulting services, in an amount not to exceed Livermore City Council Agenda September 14, 2026
9 $500,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a five-year Professional Services Agreement (Agreement) with CBRE, Inc. for on-call real estate and economic development consulting services in an amount not to exceed $500,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement
6.15 Resolution authorizing the execution of a first amendment to the lease with the United States of America for the Livermore Municipal Airport Air Traffic Control Tower site to extend the term through September 30, 2045, update the description of the leased premises, and make other minor modifications.
Recommendation:
Staff recommends the City Council adopt a resolution:
1. Authorizing the execution of a first amendment to the lease with the United States of America for the Livermore Municipal Airport Air Traffic Control Tower site to extend the term through September 30, 2045, update the description of the leased premises, and make other minor modifications;
2. Directing the recording of the first amendment or, alternatively, authorizing the execution and recording of a memorandum of lease; and
3. Authorizing the City Manager, or her designee, to take all actions necessary and appropriate to carry out the purpose and intent of the resolution, including making nonsubstantive changes to the first amendment to facilitate recording.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Supplemental Agreement
6.16 An Ordinance adopting Development Code Amendment 26-001 Amending the Zoning District Map of the City of Livermore to conform with the General Plan 2045.
Recommendation:
Planning Commission and staff recommend the City Council adopt an Ordinance amending the Zoning Map.
Staff Report
Attachments:
1. Ordinance
2. Exhibit A - PC Reso 13-26 General Plan Zoning Map
3. Exhibit B - Proposed Zoning Map
6.17 Adoption of an Ordinance approving Development Agreement (DA) 24-004 with Adventus for the Las Colinas Road Property.
Livermore City Council Agenda September 14, 2026
10 Recommendation:
The Planning Commission and staff recommend the City Council adopt an Ordinance approving Development Agreement 24-004 to establish a framework and secure vested rights for a future residential project on approximately 50 developable acres within a 122-acre property at 3658 Las Colinas Road (Assessor Parcel Number 902-8-1). The Development Agreement does not propose or authorize a specific development project or physical development, and future implementation actions would be subject to subsequent approvals.
Staff Report
Attachments:
1. Ordinance
2. Exhibit A - PC Resolution 16-26 Development Agreement
3. Exhibit B - Development Agreement 24-004
6.18 Adoption of an Ordinance authorizing the First Amendment to Development Agreement 08- 002 (Agreement) with McGrath RentCorp (DAA 26-002).
Recommendation:
The Planning Commission and Staff recommend the City Council adopt an Ordinance authorizing the City Manager to execute the First Amendment to Development Agreement 08- 002 with McGrath RentCorp (DAA 26-002).
Staff Report
Attachments:
1. Ordinance
2. Exhibit A - Planning Commission Resolution
3. Exhibit B - Development Agreement Amendment Text
6.19 Resolution authorizing the execution of an agreement with ROK Technologies, LLC for managed cloud services supporting AWS-hosted ArcGIS Enterprise environment and related software services for three years in an amount not-to-exceed $245,304.
Recommendation:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an agreement with ROK Technologies, LLC to provide managed cloud services for the City's AWS-hosted ArcGIS Enterprise environment and related services in an amount notto-exceed $245,304 for a period of three years.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement
6.20 Resolution authorizing the City Manager, or her designee, to execute a Grant Agreement with the Federal Aviation Administration (FAA) accepting $729,660 to update the Airport Layout Plan with Narrative Report and appropriate the necessary funds to complete the project.
Recommendation:
Staff recommends the City Council adopt a resolution to:
Livermore City Council Agenda September 14, 2026
11 1. Authorize the City Manager, or designee, to accept and execute the Federal Aviation Administration Airport Infrastructure Grant Agreement No. 3-06-0123-036-2026 and accept $729,660 in grant funds;
2. Appropriate $729,660 in FAA grant funds to Capital Improvement Project AR202720 for the Airport Layout Plan Update with Narrative Report;
3. Appropriate $76,806 from the Livermore Municipal Airport Enterprise Fund to Capital Improvement Project AR202720 to satisfy the required local match and provide for additional funding for project budget flexibility;
4. Authorize 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 grant funding documents.
Staff Report
Attachments:
1. FAA Application - Airport Layout Plan
2. FAA Amended Application - Airport Layout Plan
3. City CIP Project Sheet
4. Resolution
5. Exhibit A - FAA Grant Agreement
6.21 Resolution authorizing the City Manager to execute a Grant Agreement with the Federal Aviation Administration (FAA) accepting $301,550 to update the Electric Master Utility Plan (Utility Plan) and appropriate the necessary funds to complete the project.
Recommendation:
Staff recommends the City Council adopt a resolution to:
1. Authorize the City Manager, or designee, to accept and execute the FAA Airport Infrastructure Grant Agreement, in substantial conformance with the sample grant agreement;
2. Appropriate $301,550 in FAA grant funds to Capital Improvement Project AR202720 for the Electric Master Utility Plan;
3. Appropriate $30,874 from the Livermore Municipal Airport Enterprise Fund to Capital Improvement Project AR202720 to satisfy the required local match and provide for additional project budget flexibility; and,
4. 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 grant funding documents.
Staff Report
Attachments:
1. FAA Application - Electric Master Utility Plan
2. Amended Application - Electric Master Utility Plan
3. City CIP Project Sheet
4. Resolution
5. Exhibit A - Sample Grant Agreement
6.22 Resolution authorizing the City Manager to execute a Grant Agreement with the Federal Aviation Administration (FAA) accepting $254,600 to update the Pavement Maintenance Management Plan (Pavement Plan) and appropriate the necessary funds to complete the Livermore City Council Agenda September 14, 2026
12 project.
Recommendation:
Staff recommends the City Council adopt a resolution to:
1. Authorize the City Manager, or her designee, to execute the FAA Airport Improvement Program Grant Agreement to accept $254,600;
Appropriate $254,600 in FAA grant funds to Capital Improvement Project AR202718 for the Pavement Plan;
2. Appropriate $1,340 from the Livermore Municipal Airport Enterprise Fund to Capital Improvement Project AR202718 to satisfy the required local match;
3. Authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this resolution, including making minor changes to the grant funding documents.
Staff Report
Attachments:
1. FAA Application - Pavement Plan
2. City CIP Project Sheet
3. Resolution
4. Exhibit A - Grant Agreement
6.23 Resolution authorizing the City Manager to execute a Grant Agreement with the Federal Aviation Administration (FAA) accepting $35,435 for the Vehicle Movement Area Transponder (VMAT) Purchase and Installation Project, add the project to the City's Five-Year Capital Improvement Plan, and appropriate the necessary funds to complete the project.
Recommendation:
Staff recommends the City Council adopt a resolution to:
1. Authorizes the City Manager, or designee, to execute the Federal Aviation Administration Airport Improvement Program Grant Agreement to accept $35,435 for the Vehicle Movement Area Transponder (VMAT) Purchase and Installation Project;
2. Adds the FAA Vehicle Movement Area Transponder (VMAT) Purchase and Installation Project AR202721 to the 2025-2030 Capital Improvement Plan;
3. Appropriates $35,435 in Federal Aviation Administration Airport Improvement Program grant funds to Capital Improvement Project AR202721 for the FAA Vehicle Movement Area Transponder (VMAT) Purchase and Installation Project;
4. Appropriates $1,865 from the Livermore Municipal Airport Enterprise Fund to Capital Improvement Project AR202721 for the FAA Vehicle Movement Area Transponder (VMAT) Purchase and Installation Project to provide the required local match for the project; and,
5. 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 , in changes which shall be approved as to form by the City Attorney or her designee, to the grant funding documents.
Staff Report
Attachments:
1. FAA Application - VMAT
Livermore City Council Agenda September 14, 2026
13 2. City CIP Project Sheet
3. Resolution
4. Exhibit A - Sample Grant Agreement
6.24 Resolution approving a side letter agreement between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 amending Section 5 (Salaries) and Section 31 (Hazardous Material Response Team) of the Memorandum of Understanding with a term ending June 30, 2029.
Recommendation:
Staff recommends the City Council adopt a resolution approving a side letter agreement between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters, Local 1974 amending Section 5 (Salaries) and Section 31 (Hazardous Material Response Team) of the Memorandum of Understanding with a term ending June 30, 2029.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Side Letter Agreement.pdf
6.25 Resolution amending the City of Livermore Salary Plan as of October 2026 to reflect an MOU adjustment for the Association of Livermore Employees and update the Retired Annuitant Salary schedule effective October 5, 2026, in accordance with the California Code of Regulations, Title 2, Section 570.5.
Recommendation:
Staff recommends the City Council adopt a resolution amending the City of Livermore Salary Plan as of October 2026 to reflect an MOU adjustment for the Association of Livermore Employees and update the Retired Annuitant Salary schedule effective October 5, 2026, in accordance with the California Code of Regulations, Title 2, Section 570.5.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Salary Plan Dated October 2026.pdf
7. PUBLIC HEARINGS
7.1 Hearing to consider a resolution approving the Fiscal Year 2025-26 Consolidated Annual Performance Evaluation Report for the Community Development Block Grant; and authorizing submittal to the U.S. Department of Housing and Urban Development.
Recommendation:
The Human Services Commission and staff recommend the City Council adopt a resolution:
1. Approving the Fiscal Year (FY) 2025-26 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG), and authorizing submission of the report to Alameda County for inclusion with the Alameda County HOME Consortium report for submittal to the U.S Department of Housing and Livermore City Council Agenda September 14, 2026
14 Urban Development (HUD); and
2. Authorizing the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the FY 2025-26 CAPER.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - FY 2025-26 CAPER
7.2 Hearing to receive and consider protests related to the annual fire hazard abatement program and confirm the 2026 Weed Abatement Program assessments for collection on the County Assessor tax roll.
Recommendation:
Staff recommends City Council:
1. Consider all protests, and adopt a resolution overruling protests and confirming the 2026 weed abatement assessments; and
2. Direct staff to file a certified copy of the assessment report with the County Auditor.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - 2026 Weed Abatement Assessments
8. MATTERS FOR CONSIDERATION
8.1 Resolution adopting 180-day wait period exception to hire retired annuitant, Christina Olson, former Administrative Services Director, in accordance with Government Code section 7522.56 of the Public Employees' Retirement Law.
Recommendation:
Staff recommends that the City Council adopt a resolution approving the hiring of retired annuitant, Christina Olson, former Administrative Services Director, in accordance with Government Code section 7522.56 of the Public Employees' Retirement Law.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Conditional Offer Letter
8.2 Appoint a Voting Delegate and an Alternate Voting Delegate to Represent the City of Livermore at the 2026 League of California Cities Annual Conference and Expo.
Recommendation:
Staff recommends the City Council appoint a voting delegate and up to two alternate voting delegates to vote on behalf of the City of Livermore during the General Assembly at the 2026 League of California Cities Annual Conference and Expo.
Staff Report
Attachments:
Livermore City Council Agenda September 14, 2026
15 1. 2026 Cal Cities Voting Delegate Information Packet
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, September 28, 2026 at 7:00 pm, Civic Center Meeting Hall, Dr. John Shirley Council Chamber, 1016 S. Livermore Avenue and virtually using Zoom.
Livermore City Council Agenda September 14, 2026
16 AGENDA ITEM ATTACHMENT COVER PAGE
CLOSED SESSION — ITEM 1.1
To meet with legal counsel pursuant to Government Code section 54956.9(d)(2) because there is significant exposure to litigation against the City based on existing facts and circumstances.
Receipt of right-to-sue letters from the Equal Employment Opportunity Commission (EEOC) and the California Civil Rights Department (CRD) concerning an employmentrelated claim against the City.
Copies of the right-to-sue letters are attached for public inspection pursuant to Government Code section 54956.9(e)(3).
ATTACHMENT
Attachment 1
EEOC and CRD Right-to-Sue Letters
17 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Oakland Local Office
1301 Clay Street, Suite 680-N
Oakland, CA 94612
(510) 956-0004
Website: www.eeoc.gov
DETERMINATION AND NOTICE OF RIGHTS
(This Notice replaces EEOC FORMS 161, 161-A & 161-B)
Issued On: 03/0
/2026
To: Juan M. Chavez
1926 Hastings Dr.
Manteca, CA 95336
Charge No: 555-2024-01917
EEOC Representative and email: Susan Riemenschneider
Equal Opportunity Investigator
[email protected]
DETERMINATION AND NOTICE OF RIGHTS
The EEOC issues the following determination: The EEOC will not proceed further with its investigation and makes no determination about whether further investigation would establish violations of the statute. This does not mean the claims have no merit. This determination does not certify that the respondent is in compliance with the statutes. The EEOC makes no finding as to the merits of any other issues that might be construed as having been raised by this charge.
NOTICE OF YOUR RIGHT TO SUE
This is official notice that the EEOC has dismissed your charge and has issued you notice of your right to sue the respondent(s) on this charge. If you choose to file a lawsuit against the respondent(s) on this charge under federal law in federal or state court, your lawsuit must be filed WITHIN 90 DAYS of your receipt of EEOC’s official notice of dismissal. You should keep a record of the date you received the EEOC’s official notice of dismissal. Your right to sue based on this charge will be lost if you do not file a lawsuit in court within 90 days. (The time limit for filing a lawsuit based on a claim under state law may be different.) If you file a lawsuit based on this charge, please sign-in to the EEOC Public Portal and upload the court complaint to charge 555-2024-01917.
On behalf of the Commission,
Carlos Rocha
Local Office Director
U
Digitally signed
by CARLOS
ROCHA
Date: 2026.03.09
11:13:10 -07'00'
18 Cc:
Desiri Schele
180 MONTGOMERY ST STE 1200
San Francisco, CA 94104
Kristen Hilton
City of Livermore
1052 S LIVERMORE AVE
Livermore, CA 94550
Jennifer Brooks
180 MONTGOMERY ST STE 1200
San Francisco, CA 94104
Mark S. Adams
Law Offices of Mark S. Adams
3031 W. March Ln. Suite 120
Stockton, CA 95219
Please retain this Notice for your records.
19 STATE OF CALIFORNIA | Business, Consumer Services and Housing Agency GAVIN NEWSOM, GOVERNOR Civil Rights Department
651 Bannon Street, Suite 200 | Sacramento | CA | 95811
1-800-884-1684 (voice) | 1-800-700-2320 (TTY) | California’s Relay Service at 711 calcivilrights.ca.gov | [email protected]
KEVIN KISH, DIRECTOR
CRD - ENF 80 RS (Revised 2024/05)
December 17, 2024
Juan Chavez
1926 Hastings Dr.
Manteca, CA 95336
RE: Notice of Case Closure and Right to Sue
CRD Matter Number: 202412-27437117
Right to Sue: Chavez / City of Livermore
Dear Juan Chavez:
This letter informs you that the above-referenced complaint filed with the Civil Rights Department (CRD) has been closed effective December 17, 2024 because an immediate Right to Sue notice was requested.
This letter is also your Right to Sue notice. According to Government Code section 12965, subdivision (b), a civil action may be brought under the provisions of the Fair Employment and Housing Act against the person, employer, labor organization or employment agency named in the above-referenced complaint. The civil action must be filed within one year from the date of this letter.
To obtain a federal Right to Sue notice, you must contact the U.S. Equal Employment Opportunity Commission (EEOC) to file a complaint within 30 days of receipt of this CRD Notice of Case Closure or within 300 days of the alleged discriminatory act, whichever is earlier.
Sincerely,
Civil Rights Department
20 CITY COUNCIL STAFF REPORT ITEM NO. 3.1
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Marianna A. Burch, City Manager
SUBJECT: Recognition of Granada Little League Members for their 2026 Intermediate (50/70) Little League U.S. Championship victory.
RECOMMENDED ACTION
Staff recommend the City Council recognize and congratulate the Granada Little League for their 2026 Intermediate (50/70) Little League U.S. Championship victory.
SUMMARY
DISCUSSION
ATTACHMENTS
3.1 Granada Little League Certificates
Prepared by: Marissa Clevenger
Administrative Specialist II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
21 Mayor’s
Certificate of Congratulations
presented to
Aiden Chaney
The City of Livermore congratulates Granada Little League on its 2026 Intermediate (50/70) Little League U.S. Championship victory and commends the team’s hard work and outstanding representation of our community.
___________________________________
Mayor John Marchand
September 14, 2026
22 Mayor’s
Certificate of Congratulations
presented to
Bowen Mar
The City of Livermore congratulates Granada Little League on its 2026 Intermediate (50/70) Little League U.S. Championship victory and commends the team’s hard work and outstanding representation of our community.
___________________________________
Mayor John Marchand
September 14, 2026
23 Mayor’s
Certificate of Congratulations
presented to
Caleb Civello
The City of Livermore congratulates Granada Little League on its 2026 Intermediate (50/70) Little League U.S. Championship victory and commends the team’s hard work and outstanding representation of our community.
___________________________________
Mayor John Marchand
September 14, 2026
24 Mayor’s
Certificate of Congratulations
presented to
Chase Bivona
The City of Livermore congratulates Granada Little League on its 2026 Intermediate (50/70) Little League U.S. Championship victory and commends the team’s hard work and outstanding representation of our community.
___________________________________
Mayor John Marchand
September 14, 2026
25 Mayor’s
Certificate of Congratulations
presented to
Collin Kinney
The City of Livermore congratulates Granada Little League on its 2026 Intermediate (50/70) Little League U.S. Championship victory and commends the team’s hard work and outstanding representation of our community.
___________________________________
Mayor John Marchand
September 14, 2026
26 Mayor’s
Certificate of Congratulations
presented to
Grant Sorkin
The City of Livermore congratulates Granada Little League on its 2026 Intermediate (50/70) Little League U.S. Championship victory and commends the team’s hard work and outstanding representation of our community.
___________________________________
Mayor John Marchand
September 14, 2026
27 Mayor’s
Certificate of Congratulations
presented to
Jameson Wilhite
The City of Livermore congratulates Granada Little League on its 2026 Intermediate (50/70) Little League U.S. Championship victory and commends the team’s hard work and outstanding representation of our community.
___________________________________
Mayor John Marchand
September 14, 2026
28 Mayor’s
Certificate of Congratulations
presented to
Kaleb Juan
The City of Livermore congratulates Granada Little League on its 2026 Intermediate (50/70) Little League U.S. Championship victory and commends the team’s hard work and outstanding representation of our community.
___________________________________
Mayor John Marchand
September 14, 2026
29 Mayor’s
Certificate of Congratulations
presented to
Kruz Charbonneau
The City of Livermore congratulates Granada Little League on its 2026 Intermediate (50/70) Little League U.S. Championship victory and commends the team’s hard work and outstanding representation of our community.
___________________________________
Mayor John Marchand
September 14, 2026
30 Mayor’s
Certificate of Congratulations
presented to
Mateo Duterte
The City of Livermore congratulates Granada Little League on its 2026 Intermediate (50/70) Little League U.S. Championship victory and commends the team’s hard work and outstanding representation of our community.
___________________________________
Mayor John Marchand
September 14, 2026
31 Mayor’s
Certificate of Congratulations
presented to
Merlin Newton III
The City of Livermore congratulates Granada Little League on its 2026 Intermediate (50/70) Little League U.S. Championship victory and commends the team’s hard work and outstanding representation of our community.
___________________________________
Mayor John Marchand
September 14, 2026
32 Mayor’s
Certificate of Congratulations
presented to
Vincent Thielen
The City of Livermore congratulates Granada Little League on its 2026 Intermediate (50/70) Little League U.S. Championship victory and commends the team’s hard work and outstanding representation of our community.
___________________________________
Mayor John Marchand
September 14, 2026
33 CITY COUNCIL STAFF REPORT ITEM NO. 6.1
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Marianna A. Burch, City Manager
SUBJECT: Approval of draft minutes - June 8, 2026 Regular Meeting.
RECOMMENDED ACTION
Staff recommends the City Council approve the draft minutes.
SUMMARY
DISCUSSION
ATTACHMENTS
DRAFT 2026-06-08
Prepared by: Helena Graves
Deputy City Clerk
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
34 JUNE 8, 2026 Minutes CM/76/1
DRAFT MINUTES
CITY COUNCIL
JUNE 8, 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, 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 Legal Counsel – Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated.
One Case.
Hinderliter de Llamas and Associates v. City of Livermore, Alameda County Superior Court Case No. 25CV109909
________________________________________________________________
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
35 CM/76/2 Minutes JUNE 8, 2026
City Attorney Kim Cilley stated there was no reportable action.
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Appointment of Faith Alpher as Poet Laureate for a two-year term.
Recommendation: Staff recommended the City Council appoint Faith Alpher as Poet Laureate for a two-year term starting July 1, 2026 and ending on June 30, 2028, and direct the City Clerk to administer the Oath of Office.
ON THE MOTION OF VICE MAYOR WANG, SECONDED BY COUNCIL
MEMBER BARRIENTOS AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENT.
Acting City Clerk Helena Graves administered the oath of office.
3.2 Presentation of the 2026 High School Junior & Senior Arts Awards.
Mayor Marchand and Tracy Sahn, Commissioner for the Commission for the Arts, presented the awards.
3.3 2025 Climate Action Plan Progress Report, presented by Tricia Pontau, Sustainability Program Manager.
Tricia Pontau, Sustainability Program Manager, presented the 2025 Climate Action Plan Progress Report.
3.4 Proclamation declaring June 2026 as Pride Month, presented to Brittni Kiick, Chair for Livermore Pride.
Mayor Marchand presented a proclamation to Brittni Kiick, Chair for Livermore Pride, declaring June 2026 as Pride Month.
4. ADVISORY BODY APPOINTMENTS – NONE
5. OPEN FORUM
Mayor Marchand opened the public comment period.
Mary Perner provided a comment.
Lara Webber provided a comment.
Julio Friedmann provided a comment.
Christiaan VandenHeuvel provided a comment.
Karen Jefferson provided a comment.
36 JUNE 8, 2026 Minutes CM/76/3
Greg Scott provided a comment.
Jennifer Hayes provided a comment.
Julie Wild provided a comment.
Douglas Yoshida, M.D. provided a comment.
Cleo Howe provided a comment.
Open Forum public comments were heard for 30 minutes and additional in-person speakers who wished to speak at the conclusion of the 30-minute time period had the opportunity to address the City Council at the end of the meeting.
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 BARRIENTOS AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
6.1 Resolution 2026-084 adopting a list of projects for FY 2026-27 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 and approving the use of Road Maintenance and Rehabilitation Account Funds.
6.2 Resolution 2026-085 authorizing the filing of an application for Active Transportation Program Cycle 8 Funding of $2,700,000 for the East Avenue Corridor Active Transportation Plan Implementation Project TB202222.
6.3 Resolution 2026-086 authorizing execution of an agreement with Raney Planning and Management, Inc., to provide professional on-call environmental review services, in an amount not-to exceed $350,000.
6.4 Resolution 2026-087 approving a standard agreement template to secure deferred payment of development impact fees pursuant to Government Code Section 66007 (SB 937).
6.5 Resolution 2026-088 directing the City Engineer to file the Annual Engineer's Reports for the City’s Landscape Maintenance Districts, and Resolution of Intention 2026-089 to levy annual assessments for the Landscape Maintenance Districts for Fiscal Year 2026-27, preliminarily approve the Annual Engineer's Reports, and establish a Public Hearing date for the annual levy of assessments.
37 CM/76/4 Minutes JUNE 8, 2026
6.6 Resolution 2026-090 reestablishing the Appropriations Limit consistent with State law for FY 2025-26 and establishing the Appropriations Limit FY 2026-
27. 6.7 Resolution 2026-091 amending the City of Livermore Salary Plan dated June 2026, in accordance with California Code of Regulations, Title 2, Section 570.5 and authorizing a 1.0 FTE Landscape Maintenance Specialist and a 1.0 FTE Groundskeeper I/II (Limited Duration).
6.8 Resolution 2026-092 authorizing the City Attorney to execute a Joint Powers Agreement for the City’s membership, effective July 1, 2026, in the Authority for California Cities Excess Liability (ACCEL) and to take any additional actions necessary to implement the City’s participation in ACCEL.
7. PUBLIC HEARINGS
7.1 Public Hearing, ballot tabulation, and actions related to the annexation of Shea Aura (Tract 8612) to City of Livermore Landscape Maintenance District No. LL-857 (Tract 7610) Montage, adopting the engineer's report, confirming the levy of the first assessment and directing actions with respect thereto.
Recommendation: Staff recommended the City Council take the following actions in connection with the proposed annexation of Shea Aura (Tract 8612) to Landscape Maintenance District No. LL-857 (Tract 7610) Montage:
1. Conduct the public hearing and consider written and oral protests;
2. Tabulate ballots from the landowner; and
3. If there is no majority protest represented by the landowner ballot, adopt a resolution ordering the annexation of Shea Aura (Tract 8612) to Landscape Maintenance District No. LL-857 (Tract 7610) Montage, adopting the Engineer's Report, confirming the levy of the first assessment and directing actions with respect thereto.
Mayor Marchand announced that this is the time and place for the public hearing for the proposed annexation of the Shea Aura project (Tract 8612) to City of Livermore Landscape Maintenance District No. LL-857.
Jarrett Rasmussen, Senior Civil Engineer, presented the staff report.
Mayor Marchand opened the public hearing.
There were no speakers.
Mayor Marchand inquired if the property owner would like to withdraw or change its ballot.
The property owner did not withdraw or change its ballot. 38 JUNE 8, 2026 Minutes CM/76/5
Mayor Marchand closed the public hearing.
Helena Graves, Acting City Clerk, opened and tabulated the ballot resulting in a no majority protest by the landowner.
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 2025-093 ordering annexation of Shea Aura (Tract 8612) to City of Livermore Landscape Maintenance District No. LL-857 (Tract 7610), Montage, adopting the Engineer’s Report, confirming the levy of the first assessment and directing actions with respect thereto.
City of Livermore Maintenance District No. LL-857 (Tract 7610) Montage
7.2 Hearing to consider a request to amend the project approvals for Vesting Tentative Tract Map (VTTM) 8612 - Subdivision (SUB) 21-007 and Site Plan Design Review (SPDR) 21-006, known as Aura, and Vesting Tentative Tract Map (VTTM) 8613 - Subdivision (SUB) 21-006 and Site Plan and Design Review (SPDR) 21-005, known as Serenity, to authorize an alternative means of compliance with the City's Inclusionary Housing Ordinance for each project, pursuant to Livermore Development Code Section 11.70.040. The alternative compliance method would be implemented through a future Affordable Housing Agreement for Aura and an amendment to the existing Affordable Housing Agreement for Serenity. The requested amendments would not result in any physical changes to the environment that were not otherwise considered in the original project approvals.
Recommendation: Staff and Planning Commission recommended the City Council adopt resolutions:
1. Approving Subdivision Amendment (SUBA) 26-001 and Site Plan Design Review Modification (SPDRM) 26-013 (Shea Aura)
2. Approving Subdivision Amendment (SUBA) 26-002 and Site Plan Design Review Modification (SPDRM) 26-014 (Shea Serenity)
Emily LaDue, Assistant Planner, and Fran Earl, Housing & Human Services Manager, presented the staff report.
Mayor Marchand opened the public hearing.
Alan Marling provided a comment.
Jean King provided a comment.
Matt Monteniel provided a comment.
There were no more speakers and the public hearing was closed. 39 CM/76/6 Minutes JUNE 8, 2026
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 RESOLUTIONS:
Resolution 2026-094 approving Subdivision Amendment (SUB) 26-001 and Site Plan Design Review Modification (SPDRM) 26-013 (Shea Aura).
Resolution 2026-095 approving Subdivision Amendment (SUBA) 26-002 and Site Plan Design Review Modification (SPDRM) 26-014 (Shea Serenity).
7.3 Public Hearing and Resolution of Renewal of the Livermore Valley Wine Heritage District.
Recommendation: Staff recommended the City Council hold the Public Hearing and adopt the Resolution of Renewal of the Livermore Valley Wine Heritage District (District), if a Majority Protest does not occur. Adoption of the Resolution of Renewal would:
1. Renew the District for a five-year term beginning July 1, 2026;
2. Approve the Management District Plan; and
3. Authorize the City Manager to execute the Agreement for Services (Agreement) with the Livermore Valley Winegrowers Association (Winegrowers) to perform District services, as prescribed by the California Property and Business Improvement Law of 1994, Streets and Highways Code § 36651.
Theresa de la Vega, Management Analyst II, presented the staff report.
Mayor Marchand opened the public hearing and called for public comments and any written protests from business owners.
Ken Wong provided a comment.
Karl D. Wente provided a comment.
There were no more speakers and the public hearing was closed.
One written protest was received prior to the Public Hearing and was made part of the meeting record.
Mayor Marchand called for any additional written protests. There being none, Helena Graves, Acting City Clerk, provided the final protest count as one.
Mayor Marchand announced there was not a majority protest.
ON THE MOTION OF COUNCIL MEMBER BARRIENTOS, SECONDED BY VICE MAYOR WANG AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
40 JUNE 8, 2026 Minutes CM/76/7
Resolution 2026-096 declaring results of majority protest proceedings and renewing the Livermore Valley Wine Heritage District.
City Council recessed for a 10 minute break.
8. MATTERS FOR CONSIDERATION
8.1 Resolution approving the adoption of a Technology Disruption Policy in accordance with Senate Bill 707 and Resolution amending and adopting City Council Meeting Rules of Procedure.
Recommendation: Staff recommended City Council receive a presentation regarding Senate Bill 707 (SB 707) and adopt the following resolutions: 1) A resolution adopting a Technology Disruption Policy in accordance with SB 707; and 2) A resolution amending and adopting City Council Meeting Rules of Procedure. The proposed Rules of Procedure implement provisions of SB 707 in addition to incorporating minor miscellaneous revisions.
City Attorney Kimberly Cilley presented the staff report.
Mayor Marchand opened the public comment period.
Greg Scott provided a comment.
There were no more speakers, and the public comment period was closed.
ON THE MOTION OF COUNCIL MEMBER BARRIENTOS, SECONDED BY VICE MAYOR WANG AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:
Resolution 2026-097 adopting a Technology Disruption Policy in accordance with Senate Bill 707.
Resolution 2026-098 amending and adopting City Council Meeting Rules of Procedure.
OPEN FORUM (CONTINUED FROM 5. OPEN FORUM)
Sam Ludwig provided a comment.
Alan Marling provided a comment.
Jean King provided a comment.
Joe Lee provided a comment.
Mojgan Parwes provided a comment.
41 CM/76/8 Minutes JUNE 8, 2026
Matt Monteniel provided a comment.
Syb de Clark provided a comment.
Paula Campbell provided a comment.
Laurie Herbert provided a comment.
Dana Thomas provided a comment.
There were no additional speakers and Mayor Marchand closed the public comment period.
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.
City Council directed staff to reach out to the City of Dublin and neighboring cities to identify what support they may need and possibly federal representatives to identify and explore what meaningful actions cities can do to help residents feel safe.
City of Livermore Day at the Dublin Leprechauns Councilmember Branning noted he would attend the baseball game and throw the first pitch on June 11, 2026.
Livermore Area Recreation and Park District Foundation’s Wine Down in the Grove Fundraiser Councilmember Branning noted the event and that it supports scholarships.
Livermore Downtown Street Fest Councilmember Barrientos noted he attended the event held May 16-17, 2026.
City of Livermore 150th Celebration Mayor Marchand announced the celebration to be held at Livermorium Plaza June 26, 2026.
10. ADJOURNMENT – at 10:11 pm in memory of Ann King to a Regular City Council Meeting on Monday, June 22, 2026 at 7:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.
42 JUNE 8, 2026 Minutes CM/76/9
APPROVED:
JOHN P. MARCHAND, MAYOR
ATTEST: ___
HELENA GRAVES, ACTING CITY CLERK
43 CITY COUNCIL STAFF REPORT ITEM NO. 6.2
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing the acceptance for permanent maintenance, release of security, and execution of Notice of Completion for the Water Reclamation Plant (WRP) UV Treatment System Replacement Project WW202128.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance, release of security, and authorizing the City Manager to sign the Notice of Completion for the Water Reclamation Plant (WRP) UV Treatment System Replacement Project WW202128.
SUMMARY
On April 15, 2024, City Council awarded a construction contract for the Water Reclamation Plant (WRP) UV Treatment System Replacement Project WW202128 to Mountain Cascade, Inc. The contract was substantially completed on April 27, 2026, and reached final completion on June 16, 2026. The contract can now be accepted for permanent maintenance. The process to release the contractor's bonds can begin.
DISCUSSION
The Livermore Water Reclamation Plant (WRP) produces an average of two million gallons per day of recycled water from wastewater for irrigation, fire suppression, toilet flushing, construction, and industrial operations. This water recycling allows the City to reduce annual potable water use by over 25 percent.
The WRP had been using the current UV disinfection system for two decades as the primary means to disinfect recycled water. The location of the UV disinfection system within the WRP is shown on Attachment 1.
The 2012 WRP Master Plan and the 2016 WRP Recycled Water System Asset Management Plan identified the existing UV disinfection system as aging infrastructure within the WRP. The system had become outdated and did not fully function as originally intended. This included failure of the automated lamp cleaning system, a limited supply of spare parts, and an outdated control system. The project replaced the existing UV lamp modules and associated electrical, instrumentation, and control components. Replacing aged equipment increased the efficiency and reliability of WRP operations by 44 utilizing the latest available technologies to lower both energy consumption and ongoing maintenance costs. Structural rehabilitation also extended the useful life of related structures. The new system is fully operational beginning mid-June 2026.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 $5,852,500. The contingency budget for change orders was 10% of the amount or $200,000, whichever is greater, per Municipal Code 2.68.590B. The final contract amount including eleven (11) change orders was $6,022,834. The total value of change orders was $170,064 (2.9%), which consisted primarily of upgrading materials, additional electrical switchgear components, realignment of UV piping equipment, and upgrading decking from galvanized to aluminum for improved access. Funding for the project was included in the FY 2025-30 5-year Capital Improvement Plan which included funding from Fund 622 (Wastewater Replacement), Fund 623 (Wastewater Connection Fees), and Fund 642 (Water Replacement). The budget covered the cost for this construction contract, change orders, construction management, materials testing, inspection, and administration. No additional appropriations are required. Annual operations and maintenance costs for new equipment are estimated at $350,000 per year. Operations and Maintenance (O&M) costs will be funded from the Wastewater operating budget Fund 620. These O&M costs will be less than previous O&M costs due to energy savings and reduced maintenance.
COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
11: Operate and maintain municipal water systems that provide safe, efficient delivery of potable and recycled water, collect and treat wastewater, and comply with all federal, state, and local regulations.
ATTACHMENTS
1. Location Map
2. Resolution
3. Exhibit A - Notice of Completion
Prepared by: Nick Bagakis
Senior Engineering Technician
45 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
46 PROJECT LOCATION
VICINITY MAP SITE PLAN
ATTACHMENT 1
UV Treatment System
ATTACHMENT 1
6 WRP UV Treatment System Replacement Project 47
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE ACCEPTANCE FOR PERMANENT
MAINTENANCE, RELEASE OF SECURITY, AND EXECUTION OF A NOTICE OF
COMPLETION
(WRP UV Treatment System Replacement Project WW202128)
The City Engineer of the City of Livermore has filed with the City Clerk their report in writing that all work on the WRP UV Treatment System Replacement Project WW202128 (“Project”), has been completed in substantial compliance with the plans, specifications, and contract documents, except for any minor punch-list items that do not materially affect the use or operation of the Project. The project is ready for acceptance by the City of Livermore.
Acceptance of the Project will commence the applicable warranty and maintenance periods provided under the contract documents.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livermore that:
1. It hereby accepts the completed public works project known as WRP UV Treatment System Replacement Project WW202128 as completed in accordance with the plans, specifications and contract documents, except for any minor punchlist items that do not materially affect the use or operation of the Project;
2. The City Clerk is directed to cause a Notice of Completion for the Project to be filed with the Alameda County Recorder in accordance with applicable law;
3. The City Manager or designee is authorized to take such further actions as may be necessary to implement this Resolution and close-out the Project;
4. The faithful performance bond guaranteeing the Project is hereby released;
5. 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 outstanding claims and obligations filed, received or submitted and of which notice has been given to the City of Livermore. The balance of the bond shall be released upon the settlement of all such claims and obligations for which the security was given; and
6. The security for the guarantee and warranty of work shall remain in effect for one year from the date of recordation of the Notice of Completion, except for any longer period as otherwise provided for in the contract documents. The contractor is required to reconstruct any deficiencies that occur and to repair or replace defective materials during the warranty period in accordance with the requirements of the contract documents for the Project.
48 2 RESOLUTION NO. ________
7. 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 resolution was passed and adopted on September 14, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Tara Mazzanti
Olivia Nashed Tara Mazzanti
City Clerk Senior Assistant City Attorney
Exhibit A – Notice of Completion
49 EXHIBIT A
50 CITY COUNCIL STAFF REPORT ITEM NO. 6.3
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing execution of a first amendment to the professional services agreement with Carollo Engineers, Inc., for additional design services for Water Reclamation Plant (WRP) Digester Heating Loop Replacement Project WW202315, increasing the not-to-exceed agreement amount from $1,783,054 to $2,147,281.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a first amendment to the professional services agreement with Carollo Engineers, Inc., increasing the not-toexceed contract amount from $1,783,054 to $2,147,281 to add design services for Digester Building safety improvements as part of the WRP Digester Heating Loop Replacement Project WW202315.
SUMMARY
The WRP Digester Heating Loop Replacement Project WW202315 will replace two critical biogas boilers that are near the end of their expected useful life and will also replace the Programmable Logic Controller (PLC). This amendment is for the design of additional safety improvements to the Digester Building, which houses the biogas boilers. The improvements include new go/no-go panels, HVAC improvements, and room seal improvements. This first amendment in the amount of $364,227 increases the total amount of the professional services agreement from $1,783,054 to $2,147,281.
DISCUSSION
The existing biogas boilers heating the Water Reclamation Plant's anaerobic digesters are near the end of their expected useful life and must be replaced. The digester heating loop system in its entirety is critical to ensuring the anaerobic digesters function properly to produce biosolids for regulated disposal.
The location of the anaerobic digester hot water loop system is shown on Attachment 1.
On October 14, 2025, the City of Livermore entered into an agreement with Carollo Engineers, Inc. (Carollo), to provide engineering services for replacement of the biogas boilers and appurtenances.
During the project's basis-of-design phase, Carollo reviewed the Digester Building's classification under National Fire Protection Association (NFPA) 820, the fire protection standard that applies to wastewater treatment facilities. The standard's requirements were not mandatory when the building was constructed 51 prior to the standard's introduction in 1990. Carollo recommends upgrading the building to be more inline with the NFPA 820 standards, which will provide valuable safety features that protect operating staff.
The three priority safety improvements are summarized below:
1. Go/no go panels, lights, and combustible gas detection to allow tracking and trending of gas leakage.
2. HVAC Improvements adding powered ventilation to increase air changes in the building to increase fresh air supply, thereby minimizing the risk of reaching a combustible gas mixture within the building.
3. Sealing conduit penetrations to eliminate leakage points between electrical equipment and areas where gas may be present.
The work includes engineering design, review of submittals during construction, and production of record drawings.
Staff recommends the original agreement with Carollo be amended to add the design of the priority safety improvements to the project.
FISCAL AND ADMINISTRATIVE IMPACTS
The first amendment, in the amount of $364,227 increases the total amount of the professional services agreement from $1,783,054 to $2,147,281. The budget for the WRP Digester Heating Loop Replacement Project WW202315 in the FY 2025-2030 Capital Improvement Plan covers the cost of this first amendment and all other project costs. No additional appropriations are necessary. Funding is from the Wastewater Replacement Fund.
COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
11: Operate and maintain municipal water systems that provide safe, efficient delivery of potable and recycled water, collect and treat wastewater, and comply with all federal, state, and local regulations
GUIDING DOCUMENT
Fiscal Year 2025-2030 5-Year Capital Improvement Plan
ATTACHMENTS
1. Site Plan
2. Resolution
3. Exhibit A - First Amendment to Agreement with Carollo Engineers, Inc.
Prepared by: Gabriella Cherrier
Junior Engineer
52 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
53 City of Livermore
This map is based on City of Livermore GIS
Information and reflects the most current information
at the time of this printing. The map is intended for
reference purposes only and the City and its staff is
not responsible for errors. 2,000 Livermore IT, GIS Services 333.3
1: NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 166.67 Feet 0 333.3
8/8/2025 1:16:39
PM
Prepared:
Notes:
Scale:
ATTACHMENT 1
54 1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF A FIRST
AMENDMENT TO THE AGREEMENT WITH CAROLLO ENGINEERS,
INC., FOR ADDITIONAL DESIGN SERVICES FOR WATER
RECLAMATION PLANT (WRP) DIGESTER HEATING LOOP
REPLACEMENT PROJECT WW202315, INCREASING THE NOT-TOEXCEED AMOUNT FROM $1,783,054 TO $2,147,281 On October 14, 2025, the City of Livermore (City) entered into an agreement with Carollo Engineers, Inc., to provide engineering services for the Water Reclamation Plant (WRP) Digester Heating Loop Replacement Project WW202315. Staff recommends the original agreement be amended to add the design of priority Digester Building safety improvements to the project. The first amendment in the amount of $364,227 increases the total amount of the professional services agreement from $1,783,054 to $2,147,281.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby:
1. Authorizes the City Manager to execute a first amendment to the professional services agreement with Carollo Engineers, Inc., increasing the not-to-exceed amount from $1,783,054 to $2,147,281 to add design services for Digester Building safety improvements as part of the WRP Digester Heating Loop Replacement Project WW202315; and
2. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 14, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Olivia Nashed Tara Mazzanti
City Clerk Senior Assistant City Attorney
Exhibit A – First Amendment to Agreement with Carollo Engineers, Inc. 55 Amendment – Engineering Services Page 1
Rev. 01/05/2024
FIRST AMENDMENT TO
ENGINEERING SERVICES AGREEMENT
THIS FIRST AMENDMENT, is made and entered into this ____ day of ________, 2026, by and between the City of Livermore, a municipal corporation (“City”), and Carollo Engineers, Inc., a Delaware Corporation (“Consultant”).
RECITALS
On October 14, 2025, City and Consultant entered into an agreement for Consultant to provide engineering design services to design the Water Reclamation Plant (WRP) Digester Heating Loop Replacement project, which includes replacing two biogas boilers and upgrading the Programmable Logic Controller (PLC) for City (“Original Agreement”). Section 28 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.
City and Consultant desire to amend the Original Agreement to increase the scope of services and compensation by $364,227. This is the First amendment to the Original Agreement.
AGREEMENT
NOW, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:
1. The Original Agreement is amended as follows:
A. Section 3 of the Original Agreement is amended to read as follows:
Description of Services. Consultant shall provide the services described in the recitals and more particularly set forth in Exhibit A Scope of Work of the Original Agreement and Exhibit A-1 to the First Amendment, which are collectively defined as “the Services” for the purposes of this Agreement.
B. Section 7.(a) of the Original Agreement is amended to read as follows:
The total compensation payable to the City to Consultant for the Services SHALL NOT EXCEED the sum of $2,147,281 (“not-to-exceed amount”).
1. The compensation payable by the City to Consultant for the Services required by Exhibit A of the Original Agreement SHALL NOT EXCEED the sum of $1,783,054.
2. The compensation payable by the City to Consultant for the Services required by Exhibit A-1 of the First Amendment SHALL NOT EXCEED the 56 Amendment – Engineering Services Page 2
Rev. 01/05/2024
sum of $364,227.
C. Section 7.(b) of the Original Agreement is amended to read as follows:
City shall compensate Consultant for the Services rendered at the hourly rates or task amounts set forth in Exhibit B Fee Schedule of the Original Agreement and Exhibit B-1 of the First Amendment, and shall reimburse Consultant for travel expenses and other costs that are identified in Exhibit B and Exhibit B-1, up to the not-to-exceed amount.
2. These amendments are prospective and only apply to the Services rendered by Consultant after the execution of this Amendment. Unless otherwise stated herein, this Amendment does not relieve the parties of the terms and conditions of the Original Agreement as written and in effect at the time the Services were rendered.
3. Except as amended above, the Original Agreement remains in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
57 Amendment – Engineering Services Page 3
Rev. 01/05/2024
In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement effective on the date first written above.
CONSULTANT: Dated:
____________________________ ___________________________ By:
Title:
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-1 Amendment 1 Scope of Services
Exhibit B-1 Amendment 1 Fee Schedule
58 1
WRP Digester Heating Loop Replacement Project
City of Livermore
Amendment No. 1 - Exhibit A-1
June 10, 2026
Scope of Services
Task 1.0 – Project Management
1.1 Project Management
No changes.
Task 2.0 – Digester Building 3D LiDAR
2.1 Digester Building 3D LiDAR
No changes.
Task 3.0 – Permitting Support
3.1 Permitting Support
No changes.
Task 4.0 – Design
4.1 Basis of Design
No changes.
4.2 Final Design
Consultant will prepare biddable construction documents (drawings and specifications) for the additional project elements listed below.
• Replacement of the exhaust and supply fans in the Digester Building to provide 6-12 air changes per hour.
• New go/no-panel in the Digester Building with associated lights and combustible gas detection system.
• New seals for conduit penetrations at the PLC room in the Digester Building.
Information and/or Services Provided by City for Task 4.2:
• No changes.
Consultant Deliverables for Task 4.2:
• No changes.
Task 5.0 – Bid Phase Services
5.1 Bid Phase Support
No changes.
59 2
5.2 Conformed Documents
The work for preparing the conformed documents was expanded to include covering the additional project elements.
Consultant Deliverables for Task 5.2:
• No changes.
Task 6.0 – Engineering Services during Construction
6.1 Project Management
No changes.
6.2 Construction Meeting
No changes.
6.3 Request for Information
No changes.
6.4 Submittals
For budgeting purposes, Consultant will respond to additional 34 general submittals/resubmittals and 2 major submittals/resubmittals, for a total of 114 general submittals/resubmittals and 8 major submittals/resubmittals, assuming an average processing and review time of 6 hours per submittal/resubmittal and 40 hours per major submittal/resubmittal. Note, the budget estimated for this task may be higher or lower depending on the final number of submittals/resubmittals reviewed and the completeness of each submittal/resubmittal submitted by the Contractor.
6.5 Site Observations
No changes.
6.6 Design Clarifications
No changes.
6.7 Change Order Requests
No changes.
6.8 Onsite Start-up and Commissioning Support
No changes.
Task 7.0 – Project Closeout
7.1 Record Drawings
The work for preparing the record drawings was expanded to include covering the additional project elements.
Information and/or Services Provided by City for Task 7.1:
• No changes.
Consultant Deliverables for Task 7.1:
60 3
• No changes.
7.2 Lessons Learned Summary
No changes.
7.3 3D Record Drawings (Optional)
No changes.
Task 8.0 - As-Directed Services
No changes.
Budget and Schedule:
Table 1 presents the labor and budget estimates for this Amendment No. 1. The original contract amount was $1,783,054 and this Amendment No. 1 amount is $364,227, for a new total contract amount of $2,147,281. There are no changes to the overall project schedule.
Assumptions:
No changes.
61 Table 1 - Amendment No. 1 Fee Estimate (June 10, 2026) - Exhibit B-1 City of LivermoreWRP Digester Heating Loop Replacement Project
SP PP PP SP ST SPS DP
$378 $324 $324 $378 $378 $350 $324 $264 $239 $205 $166 $192
1.0 Project Management 0 0 0 0 0 0 0 0 0 0 0 0 01.1 Project Management 0 0 0 0 0 0 0 0 0 0 0 0 02.0 3D Model of Digester Building 0 0 0 0 0 0 0 0 0 0 0 0 02.1 Digester Building LiDAR and 3D Model 0 0 0 0 0 0 0 0 0 0 0 0 03.0 Permitting Support 0 0 0 0 0 0 0 0 0 0 0 0 03.1 Permitting Support 0 0 0 0 0 0 0 0 0 0 0 0 04.0 Design 16 38 138 16 38 38 38 192 230 0 23 0 7674.1 Basis of Design 0 0 0 0 0 0 0 0 0 0 0 0 04.2 Final Design 16 38 138 16 38 38 38 192 230 0 23 0 7675.0 Bid Period Services 0 2 10 2 2 2 2 8 12 0 1 0 415.1 Bid Period Support 0 0 0 0 0 0 0 0 0 0 0 0 05.2 Conformed Drawings 0 2 10 2 2 2 2 8 12 0 1 0 416.0 Engineering Services During Construction 6 28 86 6 28 14 14 102 0 0 0 0 2846.1 Project Management 0 0 0 0 0 0 0 0 0 0 0 0 06.2 Construction Meetings 0 0 0 0 0 0 0 0 0 0 0 0 06.3 Requests for Information 0 0 0 0 0 0 0 0 0 0 0 0 06.4 Submittals 6 28 86 6 28 14 14 102 0 0 0 0 2846.5 Site Observations 0 0 0 0 0 0 0 0 0 0 0 0 06.6 Design Clarifications 0 0 0 0 0 0 0 0 0 0 0 0 06.7 Change Order Requests 0 0 0 0 0 0 0 0 0 0 0 0 06.8 Onsite Start-up and Commissioning Support 0 0 0 0 0 0 0 0 0 0 0 0 0
7.0 Project Closeout (Without Optional Services) 0 2 8 4 2 2 2 8 51 0 0 0 797.1 Record Drawings 0 2 8 4 2 2 2 8 51 0 0 0 797.2 Lessons Learned Summary 0 0 0 0 0 0 0 0 0 0 0 0 07.3 3D Record Drawings 0 0 0 0 0 0 0 0 0 0 0 0 08.0 As-Directed Services 0 0 0 0 0 0 0 0 0 0 0 0 08.1 As-Directed Services 0 0 0 0 0 0 0 0 0 0 0 0 0 Original Contract Total AmountAmendment No. 1 Total AmountContract Total Amount with Amendment No. 1 Document
Processing
Carollo Labor
CAD Techician Total
Hours
QA/QC
Tasks
Task
Number Task Description
Senior
Professional
Project
Professional
Project Services
LiDAR
Principal-inTechnician
Charge
Rick Chan
Project Manager
Kyle Leonard
Design Manager
Darrell Buhman
Lead Project
Professional
Professional
62 1.0 Project Management
1.1 Project Management2.0 3D Model of Digester Building2.1 Digester Building LiDAR and 3D Model3.0 Permitting Support3.1 Permitting Support4.0 Design4.1 Basis of Design4.2 Final Design5.0 Bid Period Services5.1 Bid Period Support5.2 Conformed Drawings6.0 Engineering Services During Construction6.1 Project Management6.2 Construction Meetings6.3 Requests for Information6.4 Submittals6.5 Site Observations6.6 Design Clarifications6.7 Change Order Requests6.8 Onsite Start-up and Commissioning Support7.0 Project Closeout (Without Optional Services)7.1 Record Drawings7.2 Lessons Learned Summary7.3 3D Record Drawings8.0 As-Directed Services8.1 As-Directed Services Original Contract Total AmountAmendment No. 1 Total AmountContract Total Amount with Amendment No. 1 Tasks
Task
Number Task Description
Total
Mizutani
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
$ - 2026 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
$ - 2025 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
$ - 2026 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 218,572 $ 10,929 $ 229,501 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 229,501 $ - 2026 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 218,572 2026 $ 10,929 $ 229,501 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 229,501 $ 11,894 $ 595 $ 12,489 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 12,489 $ - 2026 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 11,894 2026 $ 595 $ 12,489 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 12,489 $ 88,420 $ 9,325 $ 97,745 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 97,745 $ - 2027 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 2027 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 2027 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 88,420 2027 $ 9,325 $ 97,745 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 97,745 $ - 2027 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 2027 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 2027 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 2028 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 21,157 $ 3,335 $ 24,492 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 24,492 $ 21,157 2028 $ 3,335 $ 24,492 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 24,492 $ - 2028 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 2028 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
$ - - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
$ 1,783,054 $ 364,227 $ 2,147,281
Travel
10%
Markup Total
Labor
Escalation
Total
Escalated
Labor Costs
Air
Permitting
Subconsultants
Budget
Allowance
Other Direct
Costs TotalPrinting
Carollo Labor
Total Labor
Costs
Midpoint
of Task EquipmentSubtotal
Other Direct Costs
Total Fee
Table 1 - Amendment No. 1 Fee Estimate (June 10, 2026) - Exhibit B-1City of LivermoreWRP Digester Heating Loop Replacement Project 63 CITY COUNCIL STAFF REPORT ITEM NO. 6.4
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution approving an exception to the Livermore Municipal Code bidding requirements and authorizing sole sourcing of a specific Fonroche brand of streetlights equipment for the construction of Street Lighting Projects, including Project TC202518, through December 31, 2031.
RECOMMENDED ACTION
The City Engineer recommends the City Council adopt a resolution:
1. Approving, per the recommendation of the City Engineer, an exception to the bidding requirement contained in Livermore Municipal Code Section 2.68.550(C) because there is no competitive advantage to be gained by inviting bids and the City Engineer has determined that the supplies and equipment are unique and available from a sole source;
2. Authorizing sole sourcing of the Fonroche Lighting America specific brand of equipment and instruments for the construction of the Street Lighting Project, including TC202518, through December 31, 2031; and
3. Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution.
SUMMARY
The City of Livermore’s (City) Street Lighting Projects involve maintaining and improving lighting levels throughout the City. The main objective is to further enhance pedestrian, bicyclist, and traffic safety. An additional objective is to reduce energy use and save maintenance costs by upgrading existing lighting equipment. Certain upgrades include renewable sources, such as solar powered streetlights. Solar lighting is the best option for adding new lighting as part of the Street Lighting Projects, including TC202518. Currently, Fonroche Lighting America is the only solar brand that meets the requirements of the project. To ensure that the City is fully equipped with the most reliable and effective solar lighting equipment, the City Engineer recommends that the solar powered street lighting equipment be sole sourced from the same and compatible "manufacturer, Fonroche Lighting America” pursuant to Livermore Municipal Code Section 2.68.550(C) for the next five years through December 31, 2031.
DISCUSSION
64 The objective of Street Lighting Project TC202518 is to improve the street lighting in the City by installing new streetlights and upgrading incandescent lights. As shown in Attachment 1, the major improvements are proposed along Vallecitos Road, Nissen Drive, and Autumn Oak Drive. Several other locations are included by resident requests. The project involves installing approximately 27 new solar powered lights and 22 new LED lights on existing wooden poles. For new streetlights on poles, rather than using the City’s standard streetlight poles with wired streetlights, this project proposes to deploy solar powered streetlights, specifically the Fonroche Lighting America brand of solar light assembly on top of 25-foot-tall pole with 6’ mast arm. Attachment 2 contains a photo of a standard Fonroche solar light assembly.
The reasons to deploy solar light instead of the traditional wired streetlight for the Street Lighting Project TC202518 are listed below:
The existing utility infrastructures consisting of overhead power lines owned by PG&E and other utility companies pose a constraint for installing the typical light poles at several project locations.
There are potential clearance limitations, high cost for constructing underground structures, disruptions to existing infrastructure, and delays due to materials and inspections by PG&E.
Solar lights use a source of renewable energy, cause less disruption to roads and sidewalks during construction, save time on coordination with other utility companies, and are most cost efficient for installation compared to traditional wired streetlights.
Staff explored several solar streetlight products and found Fonroche Lighting America brand of solar light assembly is most recommended in the current market. Fonroche solar lights have a good performance history on Bay Area major streets, such as the City of Richmond, the City of Vallejo, and the City of Walnut Creek. In addition, the City completed a successful Street Lighting Project in May 2026 using Fonroche solar lights. City Council authorized sole sourcing the Fonroche Lighting America specific brand of equipment for the recently completed Street Lighting Project on June 9, 2025.
The other justifications to support an exception to bidding for the specific Fonroche Lighting America brand of solar street lighting equipment and instruments for the project are listed below:
Shorter lead time than traditional lighting equipment and other solar lighting competitors.
Unique Nickel Metal Hydride (NiMH) battery technology, sized for street and roadway applications.
NiMH is important for use in autonomous solar lighting because it is the only battery technology capable of withstanding hot and cold temperature climates of -40° to +158°, with a replacement lifespan greater than 10 years.
Only solar lighting manufacturer capable of central control and management of solar street lighting infrastructure. This allows cities to monitor and control functionality of solar street lighting infrastructure. Fonroche has a connected infrastructure base of 110,000 solar streetlights, sending over 7 million messages per day. This central control system provides a customer facing streetlight monitoring portal, allowing for continuous real time monitoring of each individual light.
Only manufacturer offering a standard full 8-year, non-pro-rated parts and labor warranty.
The system is uniquely suitable for both new pole locations and retrofitting existing poles and bases.
When the City identifies a need for using sole source manufacturers, Livermore Municipal Code (LMC) Section 2.68.550(C) allows for an exception to the bidding requirement contained in LMC Section
2.68.540, based on the fact that only one unique type of equipment can meet the requirements of the 65 project, and therefore, the bidding requirement is not necessary.
The Street Lighting Project TC202518 is currently under design by City Engineering staff. For new streetlights, the design is based on the specifications of the Fonroche Lighting America brand of solar lights. The final design is tentatively scheduled to be completed by September 2026.
In addition to Project TC202518, several annual Street Lighting Projects, including TC202613 and TC202712, are included in the 2025-2030 Capital Improvement Plan. Staff recommends that the City Council authorize the sole-source procurement of the Fonroche Lighting America brand of solar lighting products for these projects and other annual Street Lighting Projects through December 31, 2031.
FISCAL AND ADMINISTRATIVE IMPACTS
The budget for Street Lighting Project TC202518 in the 2025-2030 Capital Improvement Plan covers the cost of purchasing and installing the lights along with all other project related expenditures. Funding for this project comes from Gas Taxes and Measure BB - Bike/Pedestrian.
COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
10: Work to make a safe and efficient local transportation network and address safety concerns.
ATTACHMENTS
1. Location Map
2. Streetlight Exhibit
3. Resolution
Prepared by: Juan Tenorio
Assistant Engineer
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
66 ATTACHMENT 1
67 685
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION APPROVING AN EXCEPTION TO THE LIVERMORE
MUNICIPAL CODE BIDDING REQUIREMENTS AND AUTHORIZING
SOLE SOURCING OF A SPECIFIC FONROCHE BRAND OF
STREETLIGHTS EQUIPMENT FOR THE CONSTRUCTION OF STREET
LIGHTING PROJECTS, INCLUDING PROJECT TC202518, THROUGH
DECEMBER 31, 2031
The City of Livermore (“City”) is currently designing the Street Lighting Project which involves maintaining and improving lighting levels throughout the City. The main objective is to further enhance pedestrian, bicyclist and traffic safety. It includes strategies for reducing energy usage and saving maintenance costs by upgrading existing lighting equipment. Certain upgrades include renewable sources, such as solar powered streetlights. To ensure that the City is fully equipped with the most reliable and effective solar lighting equipment, the City Engineer recommends that the solar powered streetlighting equipment should be sole sourced from the same and compatible manufacturer “Fonroche Lighting America” pursuant to Livermore Municipal Code Section 2.68.550(C), for the next five years through December 31, 2031.
The justifications to support an exception to bidding for the specific Fonroche Lighting America brand of solar street lighting equipment and instruments for the project are listed below.
• Shorter lead time than traditional lighting equipment. • Unique Nickel Metal Hydride (NiMH) battery technology, sized for street and roadway applications. NiMH is important for use in autonomous solar lighting because it is the only battery technology capable of withstanding hot and cold temperature climates of -40° - +158°, with a replacement lifespan greater than 10 years. • Only solar lighting manufacturer capable of central control and management of solar street lighting infrastructure. Allows cities to monitor and control functionality of solar street lighting infrastructure. Fonroche has a connected infrastructure base of 110,000 solar streetlights, sending over 7 million messages per day. This central control system provides a customer facing street light monitoring portal, allowing for continuous real time monitoring of each individual light.
• Only manufacturer offering a standard full 8-year, non-pro-rated parts and labor warranty.
• The system is uniquely suitable for both new pole locations and retrofitting existing poles and bases.
69 2 RESOLUTION NO. ________
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby:
1. Approves, per the recommendation by the City Engineer, an exception to the bidding requirement contained in Livermore Municipal Code Section 2.68.550(C), because there is no competitive advantage to be gained by inviting bids and the City Engineer has determined that the supplies and equipment are unique and available from a sole source;
2. Authorizes sole sourcing Fonroche Lighting America specific brand of equipment and instruments for the construction of Street Lighting projects, including Project TC202518, through December 31, 2031; and
3. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 14, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Tara Mazzanti
Olivia Nashed Tara Mazzanti
City Clerk Senior Assistant City Attorney
70 CITY COUNCIL STAFF REPORT ITEM NO. 6.5
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing execution of agreements for constructability review, construction management, and inspection services with Kitchell/CEM, Inc., in an amount not-toexceed $3,200,000, for the Fire Station 6 Building Improvements Project PS202215, with a term ending December 31, 2030; and Griffin Structures, in an amount not-to-exceed $555,000, for the Police Building Renovations Project PS202316 and as-needed construction inspection services for other Capital Improvement Projects, with a term ending December 31, 2028
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute agreements for constructability review and construction management and inspection services with Kitchell/CEM, Inc., in an amount not-to-exceed $3,200,000, for the Fire Station 6 Building Improvements Project PS202215, with a term ending December 31, 2030; and Griffin Structures, in an amount not-toexceed $555,000, for the Police Building Renovations Project PS202316 and as-needed construction inspection services for other Capital Improvement Projects, with a term ending December 31, 2028.
SUMMARY
The City of Livermore (City) requires professional constructability review, construction management, and inspection services for the Fire Station 6 Building Improvements Project PS202215 and the Police Building Renovations Project PS202316. Both projects involve improvements to active public safety facilities and will require dedicated construction management and full-time inspection services during construction to support project delivery while maintaining ongoing police and fire operations.
Staff conducted a competitive Request for Qualifications (RFQ) process for both projects and recommends awarding professional services agreements to Kitchell/CEM, Inc. (Kitchell) for the Fire Station 6 Building Improvements Project and Griffin Structures for the Police Building Renovations Project.
The proposed agreements are as follows:
71 Consultant Name Project Contract Amount Term Ending
Kitchell/CEM, Inc.
Fire Station 6 Building
Improvements Project
PS202215
$3,200,000 December 31, 2030
Griffin Structures
Police Building
Renovations Project
PS202316
$555,000 December 31, 2028
The agreements will provide constructability review of the bid documents, construction management, and inspection services through completion of the respective projects.
In addition, staff is establishing a list of pre-qualified consultants for future projects requiring similar constructability review, construction management, and inspection services. Establishing this list will help reduce the time required to obtain qualified consultant services for individual projects. This approach is consistent with the City's use of pre-qualified consultant lists for other professional services.
DISCUSSION
The Fire Station 6 Building Improvements and Police Building Renovations Projects are included in the City's Capital Improvement Plan and are intended to modernize aging public safety facilities to improve operational efficiency, safety, and functionality. Both projects will be constructed within active public safety environments, requiring careful coordination and phasing to minimize disruptions to essential City services.
The Fire Station 6 Building Improvements Project includes replacement of the existing station with an approximately 12,300-square-foot fire station, construction of a detached reserve apparatus building, temporary facilities, utility improvements, and associated site work. The project has an estimated construction cost of approximately $22 million and an anticipated construction duration of approximately 26 months. Construction will require temporary facilities, temporary utilities, and carefully coordinated phasing to maintain uninterrupted fire and emergency response operations, including apparatus access and staff accommodations.
The Police Building Renovations Project includes approximately 7,300 square feet of renovations to restrooms, locker rooms, offices, the kitchen and breakroom, and other occupied areas of the Police Building. The project has an estimated construction cost of $6 million and an anticipated construction duration of approximately 14 months. Construction will require careful phasing and coordination to maintain secure police operations and minimize disruptions within the active facility.
The Engineering-Construction Section oversees construction of numerous Capital Improvement Projects, private developments, and work performed under encroachment permits. Due to the size, complexity, duration, and operational sensitivity of the Fire Station 6 Building Improvements and Police Building Renovations projects, dedicated construction management and full-time inspection services will be required. Assigning City staff full-time to these projects would reduce the Section's capacity to effectively manage the City's overall construction workload.
To provide the necessary project support, City staff issued a Request for Qualifications for constructability review, construction management, and inspection services. The City received 72 Statements of Qualifications from seven firms and invited the four highest-rated firms to participate in interviews.
Statements of Qualifications (SOQ) were received from the following firms:
Consultant Name Location
Kitchell/CEM, Inc. Walnut Creek, CA
Griffin Structures Santa Clara, CA
Interwest Consulting Group, Inc. Elk Grove, CA
Swinerton Management & Consulting, LLC Concord, CA
3D Built South San Francisco, CA
Artaic Group Oakley, CA
J.S. Held, LLC Bend, OR
Following evaluation of the SOQ's and interviews, the selection committee recommends awarding agreements to the following top-rated consultants:
Consultant Name Location Project
Kitchell/CEM, Inc. Walnut Creek, CA
Fire Station 6 Building
Improvements Project PS202215
Griffin Structures Santa Clara, CA
Police Building Renovations
Project PS202316
Kitchell and Griffin Structures were selected based on their demonstrated experience delivering complex projects within active public safety facilities. Kitchell brings extensive experience with fire station and essential services projects, including phased construction, temporary facilities, and maintaining uninterrupted emergency response operations. Griffin Structures has extensive experience renovating occupied police facilities and demonstrated a strong understanding of secure-facility phasing and minimizing disruptions to ongoing law enforcement operations. Their specialized experience and proposed teams provide the technical expertise and project-specific knowledge needed to successfully manage construction while maintaining critical police and fire operations.
In addition, the selection committee recommends establishing the following firms as pre-qualified consultants for future projects requiring similar constructability review, construction management, and inspection services:
Consultant Name Location
Kitchell/CEM, Inc. Walnut Creek, CA
Griffin Structures Santa Clara, CA
Interwest Consulting Group, Inc. Elk Grove, CA
Swinerton Management & Consulting, LLC Concord, CA
FISCAL AND ADMINISTRATIVE IMPACTS:
The agreements will commence upon City Council approval. The not-to-exceed amount and termination date for each agreement are as follows:
73 Consultant Name Not-to-Exceed Amount Termination Date Kitchell/CEM, Inc. $3,200,000 December 31, 2030
Griffin Structures $555,000 December 31, 2028
The budgets for Fire Station 6 Building Improvements Project PS202215 and Police Building Renovations Project CIP PS202316 in the current 2025-30 Capital Improvement Plan cover the Fiscal Year 2026-27 costs of these agreements. No additional appropriations are required to complete the projects at this time. The 2027-32 Capital Improvement Plan will fund the remaining costs of these agreements. Both projects are funded with General Fund CIP Reserves - Government.
COMMUNITY PILLAR
5. A City That Works
GOAL
14. Develop, operate, and maintain the City's infrastructure.
ATTACHMENTS
1. Resolution
2. Exhibit A - Kitchell/CEM, Inc. Agreement
3. Exhibit B - Griffin Structures Agreement
Prepared by: Dennis Aberion
Construction Inspection Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
74 1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS FOR
CONSTRUCTABILITY REVIEW, CONSTRUCTION MANAGEMENT,
AND INSPECTION SERVICES WITH KITCHELL/CEM, INC., FOR THE FIRE STATION 6 BUILDING IMPROVEMENTS PROJECT PS202215 IN AN AMOUNT NOT-TO-EXCEED $3,200,000 WITH A TERM ENDING
DECEMBER 31, 2030; AND GRIFFIN STRUCTURES FOR THE POLICE BUILDING RENOVATIONS PROJECT PS202316 AND AS-NEEDED
CONSTRUCTION INSPECTION SERVICES FOR OTHER CAPITAL
IMPROVEMENT PROJECTS IN AN AMOUNT NOT-TO-EXCEED
$555,000 WITH A TERM ENDING DECEMBER 31, 2028
The City of Livermore (“City”) requires professional constructability review, construction management, and inspection services for the Fire Station 6 Building Improvements Project PS202215 and Police Building Renovations Project PS202316.
Both projects involve improvements to active public safety facilities and will require dedicated construction management and full-time inspection services during construction to support project delivery while maintaining ongoing Police and Fire operations.
City staff sent out requests for qualifications to firms interested in providing constructability review, construction management, and inspection services for these projects. Seven statements of qualifications were received. Kitchell and Griffin Structures were selected by the City’s selection committee based on their demonstrated experience delivering complex projects within active public safety facilities. Kitchell brings extensive experience with fire station and essential services projects, including phased construction, temporary facilities, and maintaining uninterrupted emergency response operations. Griffin Structures has extensive experience renovating occupied police facilities and demonstrated a strong understanding of secure-facility phasing and minimizing disruptions to ongoing law enforcement operations. Their specialized experience and proposed teams provide the technical expertise and project-specific knowledge needed to successfully manage construction while maintaining critical Police and Fire operations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby:
1. Authorizes the City Manager to execute a professional services agreement with Kitchell/CEM, Inc., attached hereto as Exhibit A, to perform a constructability review, construction management, and inspection services for the Fire Station 6 Building Improvements Project PS202215, in an amount not-to-exceed $3,200,000, with a term ending December 31, 2030. 75 2 RESOLUTION NO. ________
2. Authorizes the City Manager to execute a professional services agreement with Griffin Structures, attached hereto as Exhibit B, to perform a constructability review, construction management, and inspection services for the Police Building Renovations Project PS202316, and as-needed construction inspection services for other capital improvement projects, in an amount not-to-exceed $555,000, with a term ending December 31, 2028.
3. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
On motion of Council Member ____________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on September 14, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Olivia Nashed Tara Mazzanti
City Clerk Senior Assistant City Attorney
Exhibit A – Kitchell/CEM, Inc. Agreement
Exhibit B – Griffin Structures Agreement
76
26-0065
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 Kitchell/CEM, Inc (“Consultant”), a(n) California Corporation.
RECITALS
City requires professional services to provide a constructability review of the 90% and 100% bid documents, and provide construction management & inspection services for the Fire Station 6 Building Improvements Project (CIP PS202215).
Consultant represents and warrants that it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges City has relied upon these representations and warranties as inducement to award this Agreement to Consultant.
AGREEMENT
NOW, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:
1. Retention as Consultant. City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the Services described and defined below in Section 3 Description of Services subject to the terms and conditions in this Agreement.
2. Relationship of Parties – Independent Contractors.
(a) The relationship of the parties shall be that of independent contractors.
Consultant is and shall at all times remain as to City a wholly independent contractor during the term of this Agreement.
(b) Consultant and its personnel performing the Services on behalf of Consultant are not City officers or employees. Consultant’s personnel shall at all times be under Consultant’s exclusive direction, control, supervision, and management.
Consultant, at its own cost and expense, is responsible for all workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the Services by Consultant’s personnel. (c) Consultant and its personnel providing the Services shall not qualify for or become entitled to, and hereby waive any claims to, any compensation, benefit, or any incident in employment by City, including but not limited to enrollment in the California Public Employees Retirement System (PERS) as an employee of City and any entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
Docusign Envelope ID: F116ADB1-83FA-860B-813C-6D57F75D6FF6
EXHIBIT A
77
(d) Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, and shall have no authority, express or implied, to bind City to any obligation whatsoever.
3. Description of Services. Consultant shall provide the services described in the recitals and more particularly set forth in Exhibit A Scope of Work, which are collectively defined as “the Services” for the purposes of this Agreement.
4. Consultant’s Responsibilities. Consultant, at its own cost and expense, shall:
(a) Coordinate the Services with 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: F116ADB1-83FA-860B-813C-6D57F75D6FF6
EXHIBIT A
78
(g) Obtain and complete the appropriate City forms for the City to pay Consultant electronically via the Automated Clearing House (ACH). Those forms may be obtained by email at [email protected] or by calling Accounts Payable staff at (925) 960-4345. If Consultant opts-out of electronic payment, it must likewise complete the appropriate City forms that can be obtained from those same sources for payment by check. The authority granted by those forms will remain in force and effect until the City receives written notification of changes, which changes shall not take effect for at least ten business days to afford City a reasonable opportunity to act; (h) Provide City with a complete Request for Taxpayer Identification Number and Certification Form W-9 using the form most recently issued by the Internal Revenue Service;
(i) Comply with all applicable state and federal laws, as well as Alameda County and City of Livermore ordinances, regulations, and adopted codes, when providing the Services;
(j) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested, and if requested by the Project Manager, Consultant shall certify the correctness of any invoice or invoices for Services provided. Consultant shall not submit an invoice to City more frequently than once a calendar month;
(k) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least three years from the date of City’s final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment. Consultant shall make the invoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Consultant shall give City 30 calendar-days’ written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants to take possession, then Consultant and City shall coordinate delivery of the invoices and records to City in the most efficient manner possible;
(l) Be available to the Project Manager, City staff, and other parties referred to Consultant by the Project Manager to answer questions or inquiries related to the Services or invoices;
(m) Prepare and submit a written report to the Project Manager, within three business-days of the Project Manager’s written request, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;
(n) Correct all errors in the Services. If Consultant fails to make such correction in a timely manner, then City may make the correction and then charge the cost thereof to Consultant or deduct that cost from the compensation payable to Consultant; Docusign Envelope ID: F116ADB1-83FA-860B-813C-6D57F75D6FF6
EXHIBIT A
79
(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 upon approval, and terminates upon the completion of the Services or 12/31/2030, whichever occurs first.
6. Termination by City. City may terminate any portion or all of the Services by giving Consultant at least 30 calendar-days’ written notice. 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 $3,200,000.00 ("not-to-exceed amount"). (b) City shall compensate Consultant for the Services rendered at the hourly rates or task amounts set forth in Exhibit B Fee Schedule, and shall reimburse Consultant for travel expenses and other costs that are identified in Exhibit B, up to the not-to-exceed amount.
(c) Consultant and City acknowledge that compensation paid by City to Consultant pursuant to this Agreement is based upon Consultant’s estimated costs to provide the Services, including the salaries and benefits paid by Consultant to its personnel. Consequently, Consultant and City further agree that compensation paid by City to Consultant is intended to include the costs of contributions to any pensions or annuities, or both, to which Consultant and its personnel may be eligible, and that City has no responsibility for contributions beyond the compensation paid to Consultant under this Agreement. As provided this Agreement, the hourly rates, task amounts and reimbursement for specified travel expenses and costs in the Fee Schedule are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services, including all taxes Consultant is required to pay. (d) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.
Docusign Envelope ID: F116ADB1-83FA-860B-813C-6D57F75D6FF6
EXHIBIT A
80
(e) City shall pay Consultant via the Automated Clearing House or as otherwise instructed by Consultant pursuant to Section 4(g) above.
8. Ownership of Documents. All drawings, designs, data, photographs, reports and other items prepared or obtained by Consultant in the performance of the Services are City’s property and Consultant shall deliver them to City upon demand.
9. Intellectual Property, Copyright, and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disclosed by Consultant to City and Consultant obtains a license to such items for the benefit of City.
All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.
10. Confidentiality. Consultant shall not disclose any confidential or proprietary information received from City to anyone except Consultant’s personnel who require access to the information to perform the Services. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are returned to City or confirmed destroyed in a manner satisfactory to City.
11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Consultant shall hold harmless, indemnify, and defend with counsel selected by or otherwise acceptable to City, City and its elected and appointed officials, officers, directors, employees, agents, and designated volunteers (collectively “Indemnified Parties”) from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services, or in connection with Consultant’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of the Indemnified Parties. Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by City.
(a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Consultant’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.
Docusign Envelope ID: F116ADB1-83FA-860B-813C-6D57F75D6FF6
EXHIBIT A
81
(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e)
12. Insurance. Without limiting Consultant’s indemnification of the Indemnified Parties, Consultant shall procure and maintain at its own expense during the term of this Agreement policies of insurance in the amounts and under the terms set forth in Exhibit C Insurance Requirements against claims and Liability that may arise from or in connection with this Agreement and performance of the Services. Upon reasonable written notice, Consultant shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.
13. Force Majeure; Service Delays. Should Consultant’s performance of the Services be obstructed or delayed due to changes in the Services by City, by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain goods, materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then Consultant’s time for performance may, at City’s sole discretion, be extended for such periods as may be agreed upon by City and Consultant. Nothing in this section restricts City’s authority in Section 6 to terminate this Agreement.
14. Acceptance of Final Payment. Consultant’s acceptance of final payment will release City from any and all claims and liabilities for compensation under this Agreement.
15. Acceptance of Work. City’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy, completeness, or competency of the Services, nor do the actions constitute an assumption of Consultant’s responsibility or liability by City for any defect or error in the Services.
16. Conflict of Interest. Consultant represents that no City employee or official has a financial interest in Consultant. Consultant shall not offer, encourage, or accept any financial interest in any part of Consultant's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party, Consultant represents that it has not performed any work for that private party during the twelve-month period prior to the execution of this Agreement, and that it shall not negotiate, offer, or accept any contract for services from that party during the term of this Agreement.
Docusign Envelope ID: F116ADB1-83FA-860B-813C-6D57F75D6FF6
EXHIBIT A
82
17. Economic Disclosure. Consultant shall comply with City’s local conflict of interest code implementing the California Political Reform Act, and shall prepare and file an economic disclosure statement if the Services involve making, or participation in making, governmental decisions or financial decisions by City that may have a material effect on Consultant’s financial interests as determined by the City Attorney’s Office.
While it is Consultant’s sole responsibility to evaluate its conflicts of interest, Consultant nevertheless agrees to prepare and file an economic disclosure statement if requested by City.
18. Levine Act Compliance. California Government Code section 84308 (Levine Act) prohibits City officers from participating in any action related to a contract, license, permit, or entitlement if the officer receives political contributions from a party, or participant, or agent thereof, that totals more than $500 within the twelve months preceding the decision or within the twelve months following the date of the final decision.
Consultant shall review and complete as necessary the City’s California Levine Act Disclosure Statement that can be obtained from the City Clerk.
19. Use of Recycled Products. If fitness and quality are equal, then Consultant shall utilize recycled products consistent with the City’s Environmentally Preferrable Purchasing and Practices Policy, and as defined in California Public Contract Code Section 12200 for the Services, instead of nonrecycled products whenever recycled products are available at the same or a lesser cost than nonrecycled items. Information on recycled materials can be found here:
• Sustainable Purchasing | StopWaste - Home, Work, School • Reducing Waste at Work | StopWaste - Home, Work, School • Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing | US EPA
20. Non-Exclusive Agreement. This Agreement is non-exclusive. City reserves the right to provide, and to retain other qualified consultants to provide, services that are the same or similar to the Services.
21. Business Entity Status. Consultant is responsible for filling all required documents and forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, as well as the California Business and Professions Code and any other state statute, to the extent such requirements apply to Consultant to provide the Services. By entering into this Agreement, Consultant represents that it is: authorized to do business in California; in good standing with the California Secretary of State; and, in good standing with all agencies having jurisdiction over Consultant, including any licensing agencies. If Consultant is a suspended entity at the time it enters into this Agreement, City may take steps to void this Agreement.
Docusign Envelope ID: F116ADB1-83FA-860B-813C-6D57F75D6FF6
EXHIBIT A
83
22. Authority to Execute Agreement. Consultant has taken all necessary action to authorize the execution of this Agreement, and expressly represents that the person signing this Agreement on behalf of Consultant has received and accepted the authority to sign and execute this Agreement on behalf of Consultant. Upon the Effective Date, this Agreement shall constitute a legal, valid and binding obligation of Consultant, enforceable against Consultant in accordance with its terms, which authorization is ratified and confirmed upon Consultant’s acceptance of the first compensation payment by City.
23. No Subcontracting and No Assignment. Consultant’s unique personal competence, experience, specialized personal knowledge, and professional reputation were a substantial inducement to City for the award of this Agreement to Consultant, therefore no part of the Services may be assigned or subcontracted without City’s prior written consent. For the purposes of this section, a change of fifty percent or more in the ownership or control of Consultant constitutes an assignment.
24. Remedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right or remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, Consultant must present a written claim to City in accordance with Livermore Municipal Code Chapter 3.40 Claims Administration.
25. Work Eligibility. Consultant warrants that only personnel authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be provided by Consultant for the performance of the Services.
26. Non-Discrimination. In performance of the Services, Consultant agrees that it will not engage in discrimination in employment of persons because of such person’s race, color, religion, sex/gender, gender identity/expression, sexual orientation, marital status, medical condition, military or veteran status, national origin, ancestry, disability, genetic information, age, or any protected classification when providing the Services. Consultant further agrees to comply with all provisions of Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in all programs or activities receiving federal financial assistance. Consultant further assures that it will take necessary actions to ensure compliance with these requirements in the performance of this Agreement.
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.
Docusign Envelope ID: F116ADB1-83FA-860B-813C-6D57F75D6FF6
EXHIBIT A
84
(b) For the purposes of this Agreement, the terms “writing” and “written” includes electronic documents and communication via email, but not when those terms are used in Sections 6, 12, 23, and Sections 27 through 30 for notices, consent, or modifications. For the notices, consent, and modifications in Sections 6, 12, 23, and Sections 27 through 30, the terms “writing” and “written” means either a physically tangible document or an electronic document that satisfies the requirements in Livermore Municipal Code Section 2.64 Electronic Signatures.
28. Entire Agreement; Modification. This Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Services.
Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archival copy maintained by City can be used in place of the original for all purposes with the same effect as if it was the original.
29. Notice. Notices under this Agreement must be delivered to the addresses below by deposit in the United States mail or by overnight delivery service, with postage prepaid and delivery confirmation, with a courtesy copy delivered by email to the email addresses below:
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: Steve Dewan
Kitchell/CEM, Inc
200 Pringle Avenue Suite 470
Walnut Creek, CA, 94596
United States
Email: [email protected]
30. Waiver. Failure to insist upon the strict performance of any term or condition in this Agreement, no matter how long the failure continues, is not a waiver of the term or condition and does not bar the right to subsequently demand strict performance. To be effective, a waiver must be in writing and signed by the nonbreaching party.
Docusign Envelope ID: F116ADB1-83FA-860B-813C-6D57F75D6FF6
EXHIBIT A
85
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 effective for all purposes.
**************************************************************************************************** Signatures and Exhibit List on the Next Page
Docusign Envelope ID: F116ADB1-83FA-860B-813C-6D57F75D6FF6
EXHIBIT A
86
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:
____________________________ ___________________________ Geoff Bachanas
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
Docusign Envelope ID: F116ADB1-83FA-860B-813C-6D57F75D6FF6 8/26/2026 | 5:06 PM PDT
EXHIBIT A
87 Attachment 1
Scope of Services
Docusign Envelope ID: F116ADB1-83FA-860B-813C-6D57F75D6FF6
EXHIBIT A EXHIBIT A
88
SCOPE OF SERVICES
EXHIBIT “A”
FIRE STATION 6 BUILDING IMPROVEMENTS
(CITY PROJECT NO. PS202215)
This scope of services includes constructability review, and construction management & inspection support services for the Fire Station 6 Building Improvements Project (PS202215).
PROJECT DESCRIPTIONS
Projects consists of providing the City with professional services to perform a constructability review on 90% and 100% bid documents, and construction & inspection services for the Fire Station 6 Building Improvements Project.
SCOPE OF SERVICES
The Scope of Services is organized into the following tasks:
• Task 1 – Constructability Reviews
• Task 2 – Project Management and Meetings
• Task 3 – Construction Management Support
• Task 4 – Construction Inspection Support
• Task 5 – Project Closeout
• Task 6 – As-Directed Services
Consultant shall provide all necessary labor, materials, equipment, and supplies to perform the Scope of Services. Consultant shall be responsible for all site visits or meetings with City staff that may be needed to facilitate Consultant’s execution of the Scope of Services. The City anticipates requiring the following tasks for this Project:
Task 1 – Constructability Reviews
Consultant shall perform a constructability review of the 90 percent and 100 percent design contract documents (drawings and technical specifications) for the Fire Station 6 Building Improvement Project.
Consultant shall perform the following:
• Constructability Review for 90% Design: Consultant shall perform the following services:
o Conduct up to two (2) site visits to review existing conditions, project location, and proposed construction activities for major project elements. o Attend up to four (4) virtual meetings with the City and design engineer to provide input on preliminary construction sequencing, phasing, and potential constraints. o Evaluate the 90% design drawings and technical specifications for constructability, including project schedule and milestones, coordination between trades, site constraints, conflicts with existing facilities, ability to maintain operations during construction, and coordination with other projects or activities at the site.
Docusign Envelope ID: F116ADB1-83FA-860B-813C-6D57F75D6FF6
EXHIBIT A
89
o At a minimum, the constructability review will include checks for the following:
▪ Consistency in definitions and responsibilities of the City, Construction Manager, design engineer, and Contractor.
▪ Clarity and completeness of bid instructions and bid forms. ▪ Clarity, adequacy, and coordination between drawings and specifications. ▪ Coordination among design disciplines across all contract documents. ▪ Coordination of potential construction interface with other construction projects and activities at the site.
▪ Provisions for contractor’s access, storage, and staging areas. ▪ Reasonableness of the engineer’s estimate of probable construction cost. ▪ Clear definition of milestones, shutdown and schedule constraints, and work sequencing.
▪ Identification of potential risks and recommended mitigation measures. • Constructability Review for 100% Design: Consultant shall perform the following services:
o Perform a final audit of the 100% design contract documents (drawings and technical specifications) to verify that constructability review comments from the 90% design phase have been adequately addressed.
o Attend one (1) virtual, or in-person, meeting with the City and design engineer to provide input on construction sequencing, phasing, and any remaining constraints.
Task 2 – Project Management and Meetings
Consultant shall be responsible for project management activities of Consultant’s scope of services throughout the life of the Project, from planning through construction. This task will include project setup, administration, coordination with the City and other stakeholders, and managing scope, schedule, and budget. Consultant’s project manager shall serve as the primary point of contact when communicating with the City.
Responsibilities include, but are not limited to:
• Daily Oversight and Coordination: Oversee daily management of scope, schedule, budget, and deliverables. Coordinate work with internal staff, subconsultants, and City staff as necessary.
• Monthly Invoices and Progress Reports: Prepare and submit invoices and progress reports on a monthly basis.
o Invoices – Invoices must identify the hours and rates charged for each person for each task, as well as itemizing other direct costs, with cumulative totals for invoiced amounts per task identified to demonstrate that expenditures are within the not-to-exceed authorization limit of the agreement.
o Expense Logs – The invoices shall be accompanied by an expense log showing all invoices billed against the contract and the amount remaining. City will provide a template of the expense log for the Consultant’s use.
o Progress Reports – The invoices shall also be accompanied by a monthly progress report that describes the activities completed during the invoice’s billing period, a record Docusign Envelope ID: F116ADB1-83FA-860B-813C-6D57F75D6FF6
EXHIBIT A
90
of Project decisions made by City, activities anticipated for the next billing period, and notification of potential out-of-scope activities.
Monthly invoices and progress reports shall be provided as a PDF file. The progress reports shall be included as part of the email when the invoices are submitted electronically.
Consultant deliverables for Task 1 include the following:
• Invoices and Progress Reports
Task 3 – Construction Management Support
Consultant shall provide a Construction Manager (CM), who will perform services under the oversight of the City’s assigned Construction staff, during the full construction period to oversee construction management activities of the projects. Construction management support responsibilities will include the following:
• Kickoff Meeting: Organize and execute a Kickoff Meeting with City staff. Consultant’s project manager shall work with the City’s project manager and assigned Construction staff in advance of the Kickoff Meeting to confirm topics to be discussed at the meeting.
Consultant shall prepare and issue meeting agenda, presentation materials, notes, and decision log.
• Conduct Construction Meetings: Consultant’s CM will schedule, coordinate, attend, and conduct all construction meetings with the Contractor. These will include: pre‐construction meeting, weekly construction meetings, and substantial completion meetings. Consultant’s CM will prepare a meeting agenda, list of key discussion topics, and meeting minutes for each meeting. Prior to conducting weekly construction meetings, Consultant’s CM will perform the following:
o Ensure that construction logs are current.
o Reach out to the City and its Engineer and/or consultants to solicit additional topics to add to the agenda.
o Request a 3-week schedule from the contractor.
Meeting agendas will include the following:
o Schedule and progress updates.
o Discussion of urgent submittals or RFIs.
o Updates for long-lead items.
o Discussion of SWPPP and safety issues.
o Discussion of change orders.
o Discussion of other issues as appropriate
Meeting minutes must have a complete attendance list.
• Manage Field Inspection Personnel: Consultant’s CM will coordinate with, and manage, the activities of inspection personnel throughout the construction period. Consultant’s CM will verify with inspection personnel on a weekly basis that the as-built drawings are being updated.
• Manage and Coordinate Material Testing: Consultant’s CM will manage and coordinate the required material testing needs of this project. Routine testing will be provided by the City’s on-call testing contractors by coordinating with the City’s assigned Construction staff.
Docusign Envelope ID: F116ADB1-83FA-860B-813C-6D57F75D6FF6
EXHIBIT A
91
• Manage RFIs: Consultant’s CM will coordinate and manage the RFI process, including maintaining the log of all RFIs submitted by the Contractor in Procore, to track incoming RFIs and outgoing RFI responses.
• Manage Submittals: Consultant’s CM will coordinate and manage the submittal process, including maintaining the log of all submittals and resubmittals provided by the Contractor in Procore, to track incoming submittals and resubmittals and outgoing submittals and resubmittals responses.
• Prepare Field Memos and Clarifications: Consultant’s CM will coordinate and manage preparation of field memos and clarifications of drawings and specifications, including creating an electronic log of these documents to allow tracking of their status and outcome.
Consultant’s CM will coordinate with the City’s assigned Construction Staff, Project Manager, and design team to resolve design issues.
• Review Monthly Progress Payment Requests: Consultant’s CM will evaluate the Contractor’s monthly progress payment requests and recommend payment by the City if requirements are met. Consultant’s CM will compare requested quantities to the actual quantities completed and negotiate the appropriate progress payment request with the Contractor. To support progress payment requests, Consultant’s CM will collect certified payroll on a weekly basis and update the tracking log. Consultant’s CM will also track progress payment expenditures versus the construction budget. • Review Construction Schedule: Consultant’s CM or its schedule reviewer will review and approve the Contractor’s construction schedule, including updates and revisions, in accordance with the Contract Documents. Consultant’s review will focus on key elements such as logic, duration of activities, duration of startup and testing, and construction sequencing constraints and milestones.
Consultant’s CM will conduct weekly schedule oversight activities, including:
o Prepare weekly Statement of Working Days.
o Review and validate the construction schedule.
o Monitor progress of the Work.
o Address delays.
o Cross reference 3-week schedule with Baseline schedule and note differences, if any.
Consultant’s CM will conduct monthly review of the Construction Schedule updates.
Time Impact Analysis (TIA): In the event the Contractor submits a Time Impact Analysis (TIA), Consultant’s CM shall review and evaluate the TIA in accordance with the Contract Documents. This review shall include, but is not limited to, verification of the Contractor’s methodology, logic ties, and schedule fragnet; evaluation of the impact to the critical path and project milestones; assessment of entitlement to time extensions; and validation of assumptions, durations, and sequencing. The CM shall compare the TIA against the approved baseline and current schedule updates, identify inconsistencies or unsupported claims, and provide a written recommendation to the City regarding acceptance, rejection, or modification of the requested time adjustment.
• Review Change Order Requests: Consultant’s CM will review change order requests to determine potential changes in scope and field conditions. Consultant will prepare independent cost estimates and Consultant’s CM will negotiate on behalf of the City with the Contractor. Consultant’s CM will prepare and process approved change orders and incorporate them into the contract. Consultant’s CM will prepare an electronic log for Docusign Envelope ID: F116ADB1-83FA-860B-813C-6D57F75D6FF6
EXHIBIT A
92
tracking all potential change orders and agreed‐upon change orders. Specific activities include, but are not limited to:
o Request quote for any City initiated change.
o Review and validate quotes and negotiate on behalf of the City, if necessary. o Draft Work Directive Changes or Change Orders.
o Review contractor Change Order Requests and validate the proposed Work and associated costs.
o Keep track of contingency budget.
o Update Change Order Log.
• Monitor Contractor’s Compliance with Contract Documents: Consultant’s CM will review and monitor the Contractor’s work against the Contract Documents to determine compliance. Consultant’s CM will report non‐conformances and deficiencies to the City and the Contractor, and will work with the Contractor to correct these deficiencies in a timely manner.
• Maintain Construction Files: Consultant’s CM will maintain hard copy files and electronic files, including final Procore submissions. Consultant’s CM will collect and maintain files of contractor’s reports.
• Monitor and Review As-Built Drawings: Consultant’s CM will monitor and coordinate the Contractor’s recording and maintenance of field changes to plans and specifications during construction on a monthly basis, or more frequently as required. At the 50‐, 75‐, and 90‐ percent project construction completion levels, Consultant’s CM will perform a review of the Contractor’s working as-built drawings for general completeness and advise Contractor of status. Consultant’s CM will approve progress payments beyond 90‐percent completion contingent upon the acceptability of the working as-built drawings. • As-Needed Coordination: Consultant’s CM will coordinate with other City Departments, Divisions, and Sections; coordinate with outside agencies and utility companies; and coordinate with other stakeholders, as directed by the City’s assigned Construction Staff. • Oversee Startup and Testing: Consultant’s CM will oversee facilities acceptance testing and startup in cooperation with the Contractor, City’s assigned Construction staff, and other City department staff. Startup and testing will include assistance with comprehensive testing of functional equipment and subsystems.
Consultant Deliverables for Task 3:
• Meeting agendas and minutes.
• Field memos and clarifications.
• Updated logs.
• Communications with the City and Contractors.
Task 4 – Construction Inspection Support
Consultant shall provide the following construction inspection support, with the Construction Inspector working under the direction of, and in coordination with, the Construction Manager, and subject to the oversight of the City’s assigned Construction staff:
• Daily Inspection Activities: Consultant will provide the following daily inspection activities, which the inspector must document in Daily Reports using the City’s construction management platform (Procore):
Docusign Envelope ID: F116ADB1-83FA-860B-813C-6D57F75D6FF6
EXHIBIT A
93
o Inspect Contract Work.
o Inspect Traffic Control.
o Inspect SWPPP and Safety Compliance.
o Collect reports and file electronic and hard copy.
o Assist with field coordination.
o Measure and Track Quantities - per Schedule of Values / Bid Quantities. o Track and document any T&M work.
o Schedule third-party and Special Inspections as needed. o Note daily operations and inspections performed (including results and corrective measures if any).
o Note any Change Order work, issues, meetings, events that occur during the day. o Note any non-conformance work.
o Note any issues or events that may affect schedule or work progress. • Weekly and Monthly Inspection Activities: Consultant will provide the following weekly and monthly inspection activities:
o Verify that as-builts are being updated, including the following activities:
▪ Inform CM of any as-built conditions that should be noted. ▪ Check contractor redline plans REGULARLY – Setup a monthly meeting with contractor to verify information is updated (before 25th of month). ▪ Make sure RFI responses, change orders, and ASIs are being noted on as-builts. ▪ Update City copy of the plans.
o Verify quantities and percentage of completed work for payment with Contractor, and advise Construction Manager.
• Photo Documentation: During all inspection activities, Consultant will take digital photographs of the Work, which they will upload to the City’s construction management platform (Procore). Photographic documentation must include, but is not limited to:
o Materials being permanently incorporated into the project. o Underground utilities installed, unforeseen, abandoned to document general location. o Field meetings.
o Issues.
o General project progress.
• As-Needed Coordination: Consultant will coordinate with other City Departments, Divisions, and Sections; coordinate with outside agencies and utility companies; and coordinate with other stakeholders, as directed by the Consultant’s CM and/or the City’s assigned Construction staff.
Consultant Deliverables for Task 4:
• Field and Procore inspection documentation.
• Photo documentation.
Task 5 – Project Closeout
Consultant shall assist in Project closeout, including, but not limited to, the following tasks:
• Conduct Final Inspection: Consultant’s will schedule and conduct a final inspection of the completed facilities and issue punch lists of uncompleted items and perform all necessary follow up inspections. Consultants will also assist the City in negotiation of unsettled Docusign Envelope ID: F116ADB1-83FA-860B-813C-6D57F75D6FF6
EXHIBIT A
94
changes or disputes associated with these inspections. When the final punch list items have been completed or resolved, Consultant will recommend acceptance by the City. • Coordination: Coordinate with other City Departments, Divisions, and Sections, as well as outside agencies for acceptance of associated contract work. Consultant will assist with the coordination of the start, and acceptance, of the Landscaping 120-Day Maintenance Period. • Closeout Documentation: Assist with the preparation of Close Out documentation, including but not limited to:
o Substantial Completion Letter with Final Punch List.
o Assemble final as-built drawings from Contractor’s submittals for use by the City’s Engineer of Record in preparing final Record Drawings.
o Review the physical and electronic versions of the O&M manuals submitted by the Contractor and save to project files.
o Notice of Completion.
o Staff Report for City Council acceptance.
o Release of Retention.
• Lessons Learned Presentation: Assist the City in establishing and maintaining a lessons‐learned log throughout the project and in preparing presentations for the City’s Engineering Division that summarize key insights gained during the work. The presentations shall summarize lessons learned and recommend improvements for future design and construction projects. Up to two (2) Consultant team members shall attend the 1-hour long virtual lessons learned meetings.
• Remaining Project Files: Update all Project documents. Transfer all Project files to the City.
Consultant deliverables for Task 5 include the following:
• Substantial Completion Letter with Final Punch List.
• Assembled as-built drawing package.
• Assembled O&M manuals package.
• Notice of Completion.
• Lessons learned summary document.
• Electronic transmittal of all Project files.
Task 6 – As-Directed Services
Consultant shall provide as-directed services to the City. A budget allowance of $200,000 has been included. Any use of As-Directed Services budget allowance shall require written authorization from the City that includes scope of as-directed services and an agreed upon notto-exceed limit.
Docusign Envelope ID: F116ADB1-83FA-860B-813C-6D57F75D6FF6
EXHIBIT A
95 Hourly Rates
Position
2026
Hourly Rates
2027
Hourly Rates
2028
Hourly Rates
2029
Hourly Rates
2030
Hourly Rates
Principal In Charge / Operations Manager $275.00 $286.00 $297.00 $309.00 $321.00Project Director $245.00 $255.00 $265.00 $276.00 $287.00Construction Manager (Sr. Project Manager) $225.00 $234.00 $243.00 $253.00 $263.00Construction Inspector (Project Manager) $210.00 $218.00 $227.00 $236.00 $245.00Project Manager 1 $175.00 $182.00 $189.00 $197.00 $205.00Construction Inspector (Project Engineer) $150.00 $156.00 $162.00 $168.00 $175.00Project Engineer 2 $140.00 $146.00 $152.00 $158.00 $164.00Project Engineer 1 $135.00 $140.00 $146.00 $152.00 $158.00Scheduling Manager $208.00 $216.00 $225.00 $234.00 $243.00Scheduler $198.00 $206.00 $214.00 $223.00 $232.00Estimating Manager $208.00 $216.00 $225.00 $234.00 $243.00Estimator $198.00 $206.00 $214.00 $223.00 $232.00Arch/Engineering Specialist $198.00 $206.00 $214.00 $223.00 $232.00Commissioning Agent $198.00 $206.00 $214.00 $223.00 $232.00Project Controls Manager $198.00 $206.00 $214.00 $223.00 $232.00Office Administration / Clerical $122.00 $127.00 $132.00 $137.00 $142.00Assumptions / Qualifications:
3. Project office trailer and associated setup, utilities, furniture, fixtures, and equipment have not been included and are assumed to be provided by the City and/or the Contractor for use by the PM/CM. If needed proposals to provide a construction trailer and associated connections can be provided.
4. Costs associated with parking fees are not included in the hourly rates. If the projects require paid parking costs can be provided.
City of LivermoreFire Station 6 Building Improvements
1. The hourly rates listed above are fully burdened with employee benefits, statutory requirements, overhead and profit, include employee computers, cell phones, and normal travel expenses to and from the site. 2. All hourly rates will be escalated by 4% on January 1st of each year.
Kitchell Rates
EXHIBIT B Docusign Envelope ID: F116ADB1-83FA-860B-813C-6D57F75D6FF6
EXHIBIT A EXHIBIT A EXHIBIT B
96 Revised 3/10/23 B16.5 – 2M E&O
EXHIBIT C
INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:
1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation and Employer's Liability:
Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability.”
4. Professional Liability/Errors and Omissions:
$2,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.
Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:
VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Livermore, its officers, officials, employees, and designated Docusign Envelope ID: F116ADB1-83FA-860B-813C-6D57F75D6FF6
EXHIBIT A
97 Revised 3/10/23 B16.5 – 2M E&O
volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.
2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Consultant’s/Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
3. Any failure to comply with reporting or other provisions of the policy, including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.
4. The Consultant’s/Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.
6. It shall be a requirement under this agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.
7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550 Verification of Coverage
Consultant/Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.
Docusign Envelope ID: F116ADB1-83FA-860B-813C-6D57F75D6FF6
EXHIBIT A
98 EXHIBIT B
99 EXHIBIT B
100
EXHIBIT B
101
EXHIBIT B
102
EXHIBIT B
103
EXHIBIT B
104
EXHIBIT B
105
EXHIBIT B
106
EXHIBIT B
107
EXHIBIT B
108
EXHIBIT B
109
EXHIBIT B
110
EXHIBIT B
111
EXHIBIT B
112
EXHIBIT B
113
EXHIBIT B
114
EXHIBIT B
115
EXHIBIT B
116
EXHIBIT B
117
EXHIBIT B
118
EXHIBIT B
119
CITY COUNCIL STAFF REPORT ITEM NO. 6.6
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing filing an application for Alameda County Transportation Commission administered funding of $2,775,000 for the East Avenue Corridor Active Transportation Plan Implementation Project TB202222 via the 2028 Comprehensive Investment Plan and committing any necessary matching funds and stating assurances to complete the project.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing filing an application for Alameda County Transportation Commission administered funding of $2,775,000 for the East Avenue Corridor Active Transportation Plan Implementation Project TB202222 via the 2028 Comprehensive Investment Plan and committing any necessary matching funds and stating assurances to complete the project.
SUMMARY
The City of Livermore (City) is a recipient of various discretionary local funding administered by the Alameda County Transportation Commission (ACTC) via the Comprehensive Investment Plan (CIP). The 2028 CIP funding is available for bicycle and/or pedestrian capital projects and requires the project to be programmed in the Alameda County 2026 Countywide Transportation Plan (CTP). In addition, the local City Council must authorize filing the application request for 2028 CIP funding.
The East Avenue Corridor Active Transportation Plan (ATP) Implementation Project will upgrade the pedestrian bulb outs and medians installed as part of the 2023 Tactical East Avenue Project and install similar pedestrian improvements at three intersections in the vicinity of the Robert Livermore Community Center. The Project will also designate a bicycle boulevard on roadways through the residential neighborhoods north of East Avenue between School Street and Vasco Road. The proposed bicycle boulevard is identified in the Livermore Bicycle, Pedestrian, and Trails Active Transportation Plan (BB24, BB26, and BB37).
Staff recommends the City Council authorize filing an application request for $2,775,000 in 2028 CIP funding for the East Avenue Corridor ATP Implementation Project TB202222, commit $925,000 of matching funds, and state assurances to complete the Project. Staff is also requesting authorizations to 120
file grant applications for two additional projects (Citywide Traffic Signal Upgrade and Interactive Dashboard Project TC202020 and Isabel Pedestrian Bridge and Trail Project TB202618) as separate Council items at this meeting.
DISCUSSION
The Comprehensive Investment Plan (CIP) is Alameda County Transportation Commission's (CTC) near-term strategic planning and programming document through which fund sources administered by Alameda CTC are programmed through a consolidated process to maximize investments in transportation infrastructure and program operations needs that are essential for enhancing, developing and maintaining the county’s multi-modal transportation system.
The 2028 CIP includes a call for projects for $200 million in combined Alameda CTC-administered discretionary local funding sources, including Measures B and BB (MB/MBB), Vehicle Registration Fee (VRF), Transportation Fund for Clean Air (TFCA), I-580 Toll Revenues, federal One Bay Area Grant Program Cycle 4 (OBAG 4), and Community Action Resource and Empowerment (CARE) funding for eligible capital projects and programs within Alameda County.
The eligible project categories include:
Bicycle and/or pedestrian capital projects and programs Complete streets capital and road improvement projects
Transit-related capital projects
Shuttle and other program operations
Technology projects
Plans
The eligible projects and programs must be included in or wholly consistent with the 2026 Countywide Transportation Plan (CTP) project list and meet the required minimum match. In addition, a separate governing body-approved resolution of local support is required to be submitted with each 2028 CIP application. Available funding will be prioritized towards eligible projects that can demonstrate construction readiness or begin operations within the first two years of the 2028 CIP (FY2027-28 and FY2028-29).
Based on the above requirements, Staff recommends the City Council authorizes filing an application request for $2,775,000 in 2028 CIP funding for the East Avenue Corridor ATP Implementation Project TB2022222.
The East Avenue Corridor ATP Implementation Project includes two components:
1. Updating the painted pedestrian bulb outs and ADA ramps at the six intersections improved with the 2023 Tactical East Avenue project and installing similar treatments to three intersections near the Robert Livermore Community Center
2. Completing a bicycle boulevard between School Street and Vasco Road through the neighborhoods north of East Avenue
East Avenue
121
In 2023, pedestrian improvements consisting of painted curb extensions and medians, high visibility crosswalks, and traffic bollards were installed along East Avenue at intersections with Maple Street, 7th Street, Dolores Street, Jensen Street, Estates Street, and Hillcrest Avenue through the Tactical East Avenue demonstration project. The goal to slow traffic through these intersections and make pedestrian crossings safer and more comfortable has been met. This project will improve on the original design by:
Allowing more turning space for trucks, trailers, buses, and fire trucks without compromising speed reductions for passenger cars
Improving aesthetics and reducing maintenance costs with more durable materials Providing a clearer separation between the pedestrian and traffic areas at the bulb outs Updating curb ramps to meet current ADA standards
Similar pedestrian improvements are proposed on East Avenue at Madison Avenue, Almond Avenue, and Loyola Way.
A painted crosswalk with a rectangular rapid flashing beacon is proposed at Almond Avenue.
Bicycle Boulevard
Bike boulevards provide continuous, comfortable bike routes through the local street network on streets with slow vehicle speeds and low vehicle volumes. The proposed project will designate a bicycle boulevard on roadways through the residential neighborhoods north of East Avenue between School Street and Vasco Road. The proposed bike boulevard routes are included in the 2018 Livermore Bicycle, Pedestrian, and Trails Active Transportation Plan (BB24, BB26, and BB37). Proposed improvements include:
Painted pedestrian bulb-outs at key intersections
Restriped ladder style crosswalks
Bicycle boulevard signing and marking
Bicyclist wayfinding signs
Striping and signal modification at North Mines Road and Charlotte Way and North Mines Road and Audry Street to provide two-stage bicycle left turns from North Mines Road bike lanes The Project is currently at the 65% design phase, and construction is tentatively scheduled to begin in summer 2027-28. The project scope and schedule meet the requirements of the 2028 CIP funding.
FISCAL AND ADMINISTRATIVE IMPACTS
The East Avenue Corridor ATP Implementation Project TB202222 is currently funded in the 2025-2030 Capital Improvement Plan with a total of $3,450,000. Funding is from Measure BB-Bike/Pedestrian (Fund 551), Measure BB-Local Streets & Roads (Fund 552), and Gas Taxes (Fund 560). This 2028 CIP funding of $2,775,000 will augment the existing budget and help reduce the amount needed from the other current funding sources. Existing project funds are sufficient to provide the required $925,000 local match for the 2028 CIP funding. Budget adjustments will be requested if grant funds are awarded for the project. The overall project budget covers all design and construction costs.
COMMUNITY PILLAR
1: A Safe Community That Thrives
122
GOAL
10: Work to maintain a safe and efficient local transportation network and address safety concerns.
ATTACHMENTS
1. Project Map
2. Resolution
Prepared by: Joanna Liu
Senior Transportation Engineer
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
123
ATTACHMENT 1
124
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION
FOR ALAMEDA COUNTY TRANSPORTATION COMMISSION
ADMINISTERED FUNDING OF $2,775,000 FOR THE EAST AVENUE
CORRIDOR ACTIVE TRANSPORTATION PLAN IMPLEMENTATION
PROJECT TB202222 VIA THE 2028 COMPREHENSIVE INVESTMENT
PLAN AND COMMITTING ANY NECESSARY MATCHING FUNDS AND
STATING ASSURANCES TO COMPLETE THE PROJECT
WHEREAS, the Alameda County Transportation Commission (“ALAMEDA CTC”) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, I-580 Toll Revenues, Congestion Management Agency Transportation Improvement Program (CMA-TIP), and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”; and
WHEREAS, the ALAMEDA CTC adopted 2028 Comprehensive Investment Plan (“CIP”) Guidelines at its Commission meeting on May 28, 2026 which includes procedures governing the 2028 CIP application process, programming guidelines, and eligible uses of ALAMEDA CTC ADMINISTERED FUNDS;
WHEREAS, City of Livermore (“APPLICANT”) is the project sponsor for the East Avenue ATP Implementation Project (“PROJECT”).
WHEREAS, the PROJECT will implement critical pedestrian and bicycle safety improvements along the East Avenue corridor, including upgraded crossings, pedestrian bulb-outs, bicycle boulevard enhancements, rectangular rapid flashing beacons (RRFBs), wayfinding signage, and improved connectivity to parks, schools, transit and community facilities; and
WHEREAS, as the Project Sponsor, APPLICANT has the legal authority to apply for funding for PROJECT and plans to submit a 2028 CIP application (“APPLICATION”) to ALAMEDA CTC for $2,775,000; and
WHEREAS, there are no legal impediments to APPLICANT applying for funding and there is no active, pending or threatened litigation that may adversely affect the proposed PROJECT or the ability of APPLICANT to deliver such PROJECT; and WHEREAS, APPLICANT authorizes its City Manager or designee to execute and file an application with ALAMEDA CTC for discretionary ALAMEDA CTC ADMINISTERED FUNDS for the PROJECT as referenced in this Resolution; and 125
2 RESOLUTION NO. ________
WHEREAS, as part of the requirements to apply and receive ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC requires a resolution adopted by the responsible implementing agency stating the following:
1. APPLICANT will implement the PROJECT as described in the APPLICATION; and
2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the APPLICATION; and
3. APPLICANT understands it will enter into a Project Funding Agreement (“AGREEMENT”) with ALAMEDA CTC, and will comply with the AGREEMENT’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and
4. APPLICANT is committed to deliver the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and
5. APPLICANT is committed to secure matching funds as proposed in the APPLICATION required for awarded ALAMEDA CTC ADMINISTERED FUNDS, by phase; and
6. APPLICANT is committed to provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and
7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT is limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and
8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and
9. APPLICANT is committed to comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that APPLICANT is authorized to file an APPLICATION to ALAMEDA CTC for funding for the PROJECT;
BE IT FURTHER RESOLVED, that APPLICANT hereby confirms that there is no pending or threatened litigation that might in any way adversely affect APPLICANT’s ability to implement and deliver the proposed PROJECT;
126
3 RESOLUTION NO. ________
BE IT FURTHER RESOLVED, that APPLICANT authorizes its City Manager or designee to execute the funding AGREEMENT with ALAMEDA CTC; BE IT FURTHER RESOLVED, that the City Council of APPLICANT shall provide ALAMEDA CTC with a fully-executed copy of this Resolution concurrently with submittal of the APPLICATION; and
BE IT FURTHER RESOLVED, that the APPLICANT, by adopting this resolution, hereby confirms that:
1. APPLICANT will commit to implementing the PROJECT as described in the APPLICATION; and
2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the application; and
3. APPLICANT understands it will enter into an AGREEMENT with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the completion of the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and
4. APPLICANT commits to delivering the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and
5. APPLICANT will commit matching funds as proposed in the APPLICATION against the awarded ALAMEDA CTC ADMINISTERED FUNDS by phase in the amount(s) of $925,000 anticipated to be from TDA Article 3 funding and regional non-discretionary funding source(s); and
6. APPLICANT will provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC
ADMINISTERED FUNDS; and
7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT are limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and
8. APPLICANT understands that any cost savings in the ALAMEDA CTCfunded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and
9. APPLICANT will comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such 127
4 RESOLUTION NO. ________
as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 14, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Olivia Nashed Tara Mazzanti
City Clerk Senior Assistant City Attorney
128
CITY COUNCIL STAFF REPORT ITEM NO. 6.7
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing filing an application for Alameda County Transportation Commission administered funding of $3,188,000 for the Isabel Pedestrian Bridge and Trail Project TB202618 via the 2028 Comprehensive Investment Plan and committing any necessary matching funds and stating assurances to complete the project.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing filing an application for Alameda County Transportation Commission administered funding of $3,188,000 for the Isabel Pedestrian Bridge and Trail Project TB202618 via 2028 Comprehensive Investment Plan and committing any necessary matching funds and stating assurances to complete the project.
SUMMARY
The City of Livermore (City) is a recipient of various discretionary local funding administered by the Alameda County Transportation Commission (ACTC) via Comprehensive Investment Plan (CIP). The 2028 CIP funding is available for the bicycle and/or pedestrian capital projects and requires the project to be programmed in the Alameda County 2026 Countywide Transportation Plan (CTP). In addition, the local City Council must authorize filing the application request for 2028 CIP funding.
The Isabel Pedestrian Bridge and Trail Project will close a critical gap of the existing Arroyo Mocho Trail, between the trail segment constructed as part of the Oaks Business Park and related development area west of Isabel Avenue, and the existing trail segment to the east along the Union Pacific Railroad. The proposed trail overcrossing is identified as Trail T19 in the Livermore Bicycle, Pedestrian, and Trails Active Transportation Plan.
Staff recommends the City Council authorizes filing an application request for $3,188,000 in 2028 CIP funding for the Isabel Pedestrian Bridge and Trail Project TB202618, commits $1,063,000 of matching funds and states assurances to complete the project. Staff is requesting authorizations to file grant applications for two additional projects (East Avenue Corridor Active Transportation Plan Implementation Project TB202222 and Citywide Traffic Signal Upgrade and Interactive Dashboard Project TC202020) as separate Council items at this meeting.
129
DISCUSSION
The Comprehensive Investment Plan (CIP) is Alameda CTC’s near-term strategic planning and programming document through which fund sources administered by Alameda CTC are programmed through a consolidated process to maximize investments in transportation infrastructure and program operations needs that are essential for enhancing, developing and maintaining the county’s multi-modal transportation system.
The 2028 CIP includes a call for projects for $200 million in combined Alameda CTC-administered discretionary local funding sources, including Measures B and BB (MB/MBB), Vehicle Registration Fee (VRF), Transportation Fund for Clean Air (TFCA), I-580 Toll Revenues, federal One Bay Area Grant Program Cycle 4 (OBAG 4), and Community Action Resource and Empowerment (CARE) funding for eligible capital projects and programs within Alameda County.
The eligible project categories include:
Bicycle and/or pedestrian capital projects and programs Complete streets capital and road improvement projects
Transit-related capital projects
Shuttle and other program operations
Technology Projects
Plans
The eligible projects and programs must be included in or wholly consistent with the 2026 Countywide Transportation Plan (CTP) project list and meet the required minimum match. In addition, a separate governing body-approved resolution of local support is required to be submitted with each 2028 CIP application. Available funding will be prioritized towards eligible projects that can demonstrate construction readiness or begin operations within the first two years of the 2028 CIP (FY2027-28 and FY2028-29).
Based on the above requirements, staff recommends the City Council authorize filing an application request for $3,188,000 in 2028 CIP funding for the Isabel Pedestrian Bridge and Trail Project TB202618.
The Isabel Pedestrian Bridge and Trail Project TB202618 will construct an approximately 250-foot-long pedestrian and bicycle bridge over Isabel Avenue, connecting the newly constructed Arroyo Mocho Trail segment west of Isabel Avenue within the industrial business park area to the existing Arroyo Mocho Trail segment to the east.
Under the Development Agreement for the SMP 40 development project, the developer will fund the design of the bridge and associated trail segments, as well as $750,000 of the construction costs. The City will fund the remaining construction costs based on an approved construction cost estimate, less the developer’s $750,000 contribution.
The developer of SMP 40 is currently working with Caltrans to obtain an encroachment permit.
Construction is expected to start in Summer 2027. The project scope and schedule meet the requirements of the 2028 CIP funding.
130
FISCAL AND ADMINISTRATIVE IMPACTS
The Isabel Pedestrian Bridge and Trail Project TB202618 is currently funded in the 2025-2030 Capital Improvement Plan with a total of $3,750,000. Funding is from Traffic Impact Fee (Fund 510). This 2028 CIP funding of $3,188,000 will augment the existing budget and help reduce the amount needed from the current funding source. Existing project funds are sufficient to provide the required $1,063,000 local match for the 2028 CIP funding. Budget adjustments will be requested if grant funds are awarded for the project.
COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
10: Work to maintain a safe and efficient local transportation network and address safety concerns
ATTACHMENTS
1. Project Map
2. Resolution
Prepared by: Joanna Liu
Senior Transportation Engineer
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
131
ATTACHMENT 1
Stanley Blvd SR-84
132
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION
FOR ALAMEDA COUNTY TRANSPORTATION COMMISSION
ADMINISTERED FUNDING OF $3,188,000 FOR THE ISABEL
PEDESTRIAN BRIDGE AND TRAIL PROJECT TB202618 VIA THE 2028
COMPREHENSIVE INVESTMENT PLAN AND COMMITTING ANY
NECESSARY MATCHING FUNDS AND STATING ASSURANCES TO
COMPLETE THE PROJECT
WHEREAS, the Alameda County Transportation Commission (“ALAMEDA CTC”) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, I-580 Toll Revenues, Congestion Management Agency Transportation Improvement Program (CMA-TIP), and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”; and
WHEREAS, the ALAMEDA CTC adopted 2028 Comprehensive Investment Plan (“CIP”) Guidelines at its Commission meeting on May 28, 2026, which includes procedures governing the 2028 CIP application process, programming guidelines, and eligible uses of ALAMEDA CTC ADMINISTERED FUNDS;
WHEREAS, City of Livermore (“APPLICANT”) is the project sponsor for the Isabel Pedestrian Bridge and Trail Project (“PROJECT”)].
WHEREAS, the PROJECT will construct a safe, grade-separated crossing of SR-84 for pedestrians and bicyclists while closing a critical gap in the regional trail system; and
WHEREAS, as the Project Sponsor, APPLICANT has the legal authority to apply for funding for PROJECT and plans to submit a 2028 CIP application (“APPLICATION”) to ALAMEDA CTC for $3,188,000; and
WHEREAS, there are no legal impediments to APPLICANT applying for funding and there is no active, pending or threatened litigation that may adversely affect the proposed PROJECT or the ability of APPLICANT to deliver such PROJECT; and WHEREAS, APPLICANT authorizes its City Manager or designee to execute and file an application with ALAMEDA CTC for discretionary ALAMEDA CTC ADMINISTERED FUNDS for the PROJECT as referenced in this Resolution; and WHEREAS, as part of the requirements to apply and receive ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC requires a resolution adopted by the responsible implementing agency stating the following:
133
2 RESOLUTION NO. ________
1. APPLICANT will implement the PROJECT as described in the APPLICATION; and
2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the APPLICATION; and
3. APPLICANT understands it will enter into a Project Funding Agreement (“AGREEMENT”) with ALAMEDA CTC, and will comply with the AGREEMENT’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and
4. APPLICANT is committed to deliver the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and
5. APPLICANT is committed to secure matching funds as proposed in the APPLICATION required for awarded ALAMEDA CTC ADMINISTERED FUNDS, by phase; and
6. APPLICANT is committed to provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and
7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT is limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and
8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and
9. APPLICANT is committed to comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that APPLICANT is authorized to file an APPLICATION to ALAMEDA CTC for funding for the PROJECT; and
BE IT FURTHER RESOLVED, that APPLICANT hereby confirms that there is no pending or threatened litigation that might in any way adversely affect APPLICANT’s ability to implement and deliver the proposed PROJECT;
134
3 RESOLUTION NO. ________
BE IT FURTHER RESOLVED, that APPLICANT authorizes its City Manager or designee to execute the funding AGREEMENT with ALAMEDA CTC; BE IT FURTHER RESOLVED, that APPLICANT shall provide ALAMEDA CTC with a fully-executed copy of this Resolution concurrently with submittal of the APPLICATION; and
BE IT FURTHER RESOLVED, that the City Council of APPLICANT, by adopting this resolution, hereby confirms that:
1. APPLICANT will commit to implementing the PROJECT as described in the APPLICATION; and
2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the application; and
3. APPLICANT understands it will enter into an AGREEMENT with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the completion of the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and
4. APPLICANT commits to delivering the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and
5. APPLICANT will commit matching funds as proposed in the APPLICATION against the awarded ALAMEDA CTC ADMINISTERED FUNDS by phase in the amount of $1,063,000 anticipated to be from City’s Traffic Impact Fee; and
6. APPLICANT will provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and
7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT are limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and
8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and
9. APPLICANT will comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.
135
4 RESOLUTION NO. ________
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 14, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Olivia Nashed Tara Mazzanti
City Clerk Senior Assistant City Attorney
136
CITY COUNCIL STAFF REPORT ITEM NO. 6.8
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing filing an application for Alameda County Transportation Commission administered funding of $4,566,000 for the Citywide Traffic Signal Upgrade and Interactive Dashboard Project TC202020 via the 2028 Comprehensive Investment Plan and committing any necessary matching funds and stating assurances to complete the project.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the filing of an application for Alameda County Transportation Commission administered funding of $4,566,000 for the Citywide Traffic Signal Upgrade and Interactive Dashboard Project TC202020 via the 2028 Comprehensive Investment Plan and committing any necessary matching funds and stating assurances to complete the project.
SUMMARY
The City of Livermore (City) is a recipient of discretionary local funding administered by the Alameda County Transportation Commission (ACTC) via Comprehensive Investment Plan (CIP). The 2028 CIP funding is available for technology projects and requires the project to be programmed in the Alameda County 2026 Countywide Transportation Plan (CTP). In addition, the local City Council must approve the request for application of the 2028 CIP funding.
The Citywide Traffic Signal Upgrade and Interactive Dashboard Project TC202020 will modernize signalized intersections along several major corridors in Livermore by deploying an integrated Intelligent Transportation System (ITS) that combines advanced traffic detection systems, upgraded communications infrastructure, Advanced Transportation Controller (ATC) cabinets and controllers, and a centralized traffic management dashboard. The project will transform conventional traffic signals into connected, smart intersections to enhance transportation safety, operational efficiency, mobility, and environmental sustainability.
Staff recommends the City Council authorize filing an application request for $4,566,000 in 2028 CIP funding for the Citywide Traffic Signal Upgrade and Interactive Dashboard Project TC202020, commit $1,523,000 of matching funds, and state assurances to complete the Project. Staff is requesting 137
authorization to file grant applications for two additional projects (Isabel Pedestrian Bridge and Trail Project TB202618 and East Avenue Corridor Active Transportation Plan Implementation Project TB202222) as separate Council items at this meeting.
DISCUSSION
The CIP is Alameda County Transportation Commission's (CTC) near-term strategic planning and programming document through which fund sources administered by Alameda CTC are programmed through a consolidated process to maximize investments in transportation infrastructure and program operations needs that are essential for enhancing, developing, and maintaining the county’s multi-modal transportation system.
The 2028 CIP includes a call for projects for $200 million in combined Alameda CTC-administered discretionary local funding sources, including Measures B and BB (MB/MBB), Vehicle Registration Fee (VRF), Transportation Fund for Clean Air (TFCA), I-580 Toll Revenues, federal One Bay Area Grant Program Cycle 4 (OBAG 4), and Community Action Resource and Empowerment (CARE) funding for eligible capital projects and programs within Alameda County.
The eligible project categories include:
Bicycle and/or pedestrian capital projects and programs Complete streets capital and road improvement projects
Transit-related capital projects
Shuttle and other program operations
Technology projects
Plans
The eligible projects and programs must be included in or wholly consistent with the CTP project list and meet the required minimum match. In addition, a separate governing body-approved resolution of local support is required to be submitted with each 2028 CIP application. Available funding will be prioritized for eligible projects that can demonstrate construction readiness or begin operations within the first two years of the 2028 CIP (FY 2027-28 and FY 2028-29).
Based on the above requirements, staff recommends the City Council authorize the filing of an application request for $4,566,000 in 2028 CIP funding for the Citywide Traffic Signal Upgrade and Interactive Dashboard Project TC202020.
The Citywide Traffic Signal Upgrade and Interactive Dashboard Project will modernize the City’s traffic signal infrastructure by replacing outdated video detection cameras with advanced AI-enabled traffic detection systems. These new systems will improve roadway safety through enhanced detection capabilities, including advanced dilemma zone detection and more reliable detection of bicyclists and pedestrians.
The project will also install cellular communications infrastructure at signalized intersections where fiber and radio communications are either not feasible or not providing a good benefit-cost ratio.
In addition, the project will replace obsolete traffic signal cabinets with ATC cabinets. These upgraded cabinets are designed to support emerging transportation technologies, including connected and 138
autonomous vehicles, and enhance the long-term adaptability of the City’s traffic management system.
Traffic signal controllers will also be upgraded to provide full compatibility with the ATC platform. To further improve accessibility and meet current standards, existing pedestrian push-button systems will be upgraded with Accessible Pedestrian Signal (APS) devices, providing safer and more accessible crossing assistance for individuals with disabilities.
The video detection system replacement and cellular communications infrastructure are ready for construction pending available funding. The design for cabinet replacements will commence as soon as funding becomes available and is expected to be completed within six months. The project scope and schedule meet the requirements of the 2028 CIP funding.
FISCAL AND ADMINISTRATIVE IMPACTS
The Citywide Traffic Signal Upgrade and Interactive Dashboard Project are currently included in the 2025-2030 Capital Improvement Plan as Traffic Signal Modification Project TC202020 and funded with a total of $300,000 from Measure BB-Local Street & Road (Fund 552). This 2028 CIP funding of $4,566,000 will augment the existing budget and help reduce the amount needed from the current funding source. Existing project funds are insufficient to provide the required $1,523,000 local match for the 2028 CIP funding. Budget adjustments and roadway funding appropriations will be requested if grant funds are awarded for the project.
COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
10: Work to maintain a safe and efficient local transportation network and address safety concerns
ATTACHMENTS
1. Project Location Map
2. Resolution
Prepared by: Joanna Liu
Senior Transportation Engineer
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
139
TRAFFIC DETECTION SYSTEM
ATTACHMENT 1
140
1 RESOLUTION NO. ______
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION
FOR ALAMEDA COUNTY TRANSPORTATION COMMISSION
ADMINISTERED FUNDING OF $4,566,000 FOR THE CITYWIDE
TRAFFIC SIGNAL UPGRADE AND INTERACTIVE DASHBOARD
PROJECT TC202020 VIA THE 2028 COMPREHENSIVE INVESTMENT
PLAN AND COMMITTING ANY NECESSARY MATCHING FUNDS AND
STATING ASSURANCES TO COMPLETE THE PROJECT
WHEREAS, the Alameda County Transportation Commission (“ALAMEDA CTC”) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, I-580 Toll Revenues, Congestion Management Agency Transportation Improvement Program (CMA-TIP), and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”; and
WHEREAS, the ALAMEDA CTC adopted 2028 Comprehensive Investment Plan (“CIP”) Guidelines at its Commission meeting on May 28, 2026 which includes procedures governing the 2028 CIP application process, programming guidelines, and eligible uses of ALAMEDA CTC ADMINISTERED FUNDS;
WHEREAS, City of Livermore (“APPLICANT”) is the project sponsor for the Citywide Traffic Signal Upgrade and Interactive Dashboard Project (“PROJECT”).
WHEREAS, the PROJECT will modernize the City's traffic signal infrastructure by installing AI-enabled traffic detection cameras, Advanced Transportation Controller (ATC) cabinets, ATC traffic signal controllers, cellular communication modules, and Accessible Pedestrian Signals (APS) at key intersections throughout Livermore. In addition, the City aims to create an interactive collision dashboard; and WHEREAS, as the Project Sponsor, APPLICANT has the legal authority to apply for funding for PROJECT and plans to submit a 2028 CIP application (“APPLICATION”) to ALAMEDA CTC for $4,566,000; and
WHEREAS, there are no legal impediments to APPLICANT applying for funding and there is no active, pending or threatened litigation that may adversely affect the proposed PROJECT or the ability of APPLICANT to deliver such PROJECT; and WHEREAS, APPLICANT authorizes its City Manager or designee to execute and file an application with ALAMEDA CTC for discretionary ALAMEDA CTC ADMINISTERED FUNDS for the PROJECT as referenced in this Resolution; and 141
2 RESOLUTION NO. ______
WHEREAS, as part of the requirements to apply and receive ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC requires a resolution adopted by the responsible implementing agency stating the following:
1. APPLICANT will implement the PROJECT as described in the APPLICATION; and
2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the APPLICATION; and
3. APPLICANT understands it will enter into a Project Funding Agreement (“AGREEMENT”) with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and
4. APPLICANT is committed to deliver the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and
5. APPLICANT is committed to secure matching funds as proposed in the APPLICATION required for awarded ALAMEDA CTC ADMINISTERED FUNDS, by phase; and
6. APPLICANT is committed to provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and
7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT is limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and
8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and
9. APPLICANT is committed to comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that APPLICANT is authorized to file an APPLICATION to ALAMEDA CTC for funding for the PROJECT;
142
3 RESOLUTION NO. ______
BE IT FURTHER RESOLVED, that APPLICANT hereby confirms that there is no pending or threatened litigation that might in any way adversely affect APPLICANT’s ability to implement and deliver the proposed PROJECT;
BE IT FURTHER RESOLVED, that APPLICANT authorizes its City Manager or designee to execute the funding AGREEMENT with ALAMEDA CTC; BE IT FURTHER RESOLVED, that APPLICANT shall provide ALAMEDA CTC with a fully-executed copy of this Resolution concurrently with submittal of the APPLICATION; and
BE IT FURTHER RESOLVED, that the City Council of APPLICANT, by adopting this resolution, hereby confirms that:
1. APPLICANT will commit to implementing the PROJECT as described in the APPLICATION; and
2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the application; and
3. APPLICANT understands it will enter into an AGREEMENT with ALAMEDA CTC, and will comply with the AGREEMENT’s requirements, including adherence to the completion of the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and
4. APPLICANT commits to delivering the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and
5. APPLICANT will commit matching funds as proposed in the APPLICATION against the awarded ALAMEDA CTC ADMINISTERED FUNDS by phase in the amount(s) of $1,523,000 anticipated to be from regional non-discretionary funding source(s); and
6. APPLICANT will provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and
7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT are limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and
8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and
9. APPLICANT will comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction 143
4 RESOLUTION NO. ______
contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to ALAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 14, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Olivia Nashed Tara Mazzanti
City Clerk Senior Assistant City Attorney
144
CITY COUNCIL STAFF REPORT ITEM NO. 6.9
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Brandon Cardwell, Innovation and Economic Development Director SUBJECT: Resolution to declare a portion of 7.6 acres of City-owned real property, commonly known as Hagemann Park, as exempt surplus land under the Surplus Land Act.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution to declare approximately 3,124 square feet of Cityowned property, referred to as a portion of Assessor's Parcel Number (APN) 099-0189-001, as exempt surplus land under the Surplus Land Act because it qualifies for the “small surplus land parcels” exemption established in Section 54221(f)(1)(B) of the Act and Section 103(c)(3) of the Guidelines; and direct the Innovation and Economic Development Department Director, or his designee, to provide a copy of this resolution to HCD at least thirty (30) days prior to the disposition of a portion of the City owned property.
SUMMARY
The Livermore Heritage Guild (the Guild) proposes to relocate and restore the historic Midway School building on an approximately 3,124-square-foot portion (the Premises) of City-owned Hagemann Park (the Property) and operate it as a public museum. To facilitate a future long-term lease of the Premises, the City must comply with the California Surplus Land Act (SLA).
Staff determined that the Premises qualifies as exempt surplus land under the SLA’s exemption for certain parcels smaller than one-half acre. The California Department of Housing and Community Development (HCD) has preliminarily concurred with this determination in written correspondence.
Adoption of the proposed resolution would declare the Premises exempt surplus land but would not authorize the lease or any physical improvements. Following adoption, staff would submit the resolution and supporting findings to HCD for review. After completion of that review, staff would return to the City Council separately for consideration of the proposed lease.
DISCUSSION
In July 2025, the Guild approached the City about relocating the historic Midway School building from its rural location in the Altamont Hills to an area adjacent to the Guild’s existing Hagemann Ranch site. The 145
proposed location is within the Property, which is owned by the City and maintained and operated by the Livermore Area Recreation and Park District (LARPD).
City staff worked with the Guild and LARPD to identify a location within Hagemann Park where the Guild could restore and operate the Midway School building as a public museum while avoiding disruption to existing park operations. The identified location is an approximately 3,124-square-foot area depicted in Exhibit B (the Premises).
The California Surplus Land Act (Government Code section 54220 et seq.; SLA) requires a local agency to declare land either “surplus land” or “exempt surplus land,” supported by written findings, before taking action to dispose of the land.
Under Government Code section 54221(d) and section 102(i)(1)(B) of the California Department of Housing and Community Development’s (HCD) Updated Surplus Land Act Guidelines (Guidelines), a lease entered into on or after January 1, 2024, constitutes a disposition if its total potential term exceeds 15 years, including any extension or renewal options provided in the initial lease. A lease whose total potential term is 15 years or less does not constitute a disposition. A lease on which no development or demolition will occur also does not constitute a disposition, regardless of its term.
The contemplated lease would have an initial term of five years and four five-year extensions, for a maximum potential term of 25 years. Because the project would involve relocating, placing, and restoring the Midway School building and completing associated site improvements, staff is treating the proposed lease as involving development and as a disposition subject to the SLA.
Land that qualifies and is declared “exempt surplus land” is not subject to the SLA’s standard notice-ofavailability and good-faith negotiation procedures. Exempt surplus land includes land of less than onehalf acre (21,780 square feet) that is not contiguous to land owned by the state or a local agency and used for open-space or low- and moderate-income housing purposes.
Staff evaluated the Premises and determined that it qualifies as exempt surplus land under Government Code section 54221(f)(1)(B) and section 103(c)(3) of the Guidelines. The Premises contains approximately 3,124 square feet, or 0.072 acre. Based on the configuration and surrounding uses depicted in Attachment 1, which includes residential property under private ownership, non-residential property under private ownership, and park properties owned by the City of Livermore, as well as HCD’s written correspondence, staff determined that the adjoining City-owned community park property does not disqualify the Premises from this exemption. HCD has preliminarily concurred, based on the information provided by the City, that the Premises qualifies as exempt surplus land.
Following adoption of the resolution, staff will submit the adopted resolution and supporting written findings to HCD through the Surplus Land Portal at least 30 days before execution of the proposed lease. HCD will review the declaration for compliance with the SLA and may notify the City if it determines that the declaration or proposed disposition violates the SLA. Staff will not present the proposed lease for approval until HCD has completed its review and the City has addressed any resulting findings.
FISCAL AND ADMINISTRATIVE IMPACTS
There are no significant Fiscal or Administrative Impacts as a result of adopting this resolution. 146
COMMUNITY PILLAR
4: Inclusive and Inviting Spaces and Places
GOAL
1: Further enhance Livermore's unique sense of place.
ATTACHMENTS
1. Location Map
2. Resolution
3. Exhibit A - Property
4. Exhibit B - Premises
Prepared by: Mike Pato
Sr. Management Analyst (Ret. Ann.)
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
147
ATTACHMENT 1
148
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION DECLARING A PORTION OF 7.6 ACRES OF REAL PROPERTY
COMMONLY KNOWN AS HAGEMMAN PARK AS EXEMPT SURPLUS LAND
UNDER THE SURPLUS LAND ACT
The California Surplus Land Act, commencing with section 54220 of the Government Code (“the Act”), requires a local agency to formally declare property either “surplus land” or “exempt surplus land” before disposing of surplus property. “Surplus land” is land owned in fee simple for which a local agency’s governing body takes formal action at a regular public meeting declaring that such land is surplus and is not necessary for the agency’s use.
Section 102(i)(1)(B) of the California Department of Housing and Community Development’s (“HCD”) Updated Surplus Land Act Guidelines (“the Guidelines”) defines “disposition of surplus land” as, among other things, the entering of a lease, on or after January 1, 2024, for surplus land for a term longer than 15 years, inclusive of any extension or renewal options included in the terms of the initial lease. A lease with a term of 15 years or less that includes an option to extend or renew the lease is a disposition if the sum of the term of the original lease and the extension or renewal periods is greater than 15 years.
Surplus land qualifying and declared as “exempt surplus land” is not subject to the disposition procedures in the Act. “Exempt surplus land” includes certain small surplus land parcels of less than one-half acre (i.e., 21,780 square feet) that are not contiguous to land owned by the state or a local agency that is used for open-space or for low- and moderate-income housing purposes.
The City of Livermore is the fee owner of approximately 7.6 acres of real property commonly known as Hagemann Park located in the City of Livermore and referred to as Assessor’s Parcel Number 099-0189-001, and more particularly described in Exhibit A hereto (“the Property”). The Livermore Heritage Guild desires to lease from the City an approximately 3,124 square foot portion of the Property from the City, as more particularly depicted in Exhibit B hereto, (“the Premises”) for the purposes of installing, restoring, and operating a historic schoolhouse as a museum. The Property and Premises are surrounded by: (1) residential property under private ownership; (2) non-residential property under private ownership; and (3) park properties owned by the City of Livermore.
Pursuant to the Act, staff evaluated the Premises and determined that it: (1) is approximately 0.07 acres (i.e., 3,124 square feet), which is below the one-half acre threshold (i.e., 21,780 square feet) in the small surplus land parcel exemption in the Act; (2) is not contiguous to land owned by the state or a local agency that is used for openspace or low- and moderate-income housing purposes; and, thus, (3) qualifies as “exempt surplus land” as that term is defined in Section 54221(f)(1)(B) of the Act and Section 103(c)(3) of the Guidelines. Because the Premises constitutes “exempt surplus land,” it 149
2 RESOLUTION NO. ________
is not subject to the disposition requirements of the Act, including, without limitation, the requirement to send a written notice of the availability pursuant to Section 54222 of the Act.
The City Council has reviewed this resolution and now desires to declare that the portion of the Property defined as the Premises is “exempt surplus land” under the Act based on the findings and justifications contained in this resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that:
1. The recitals set forth above are true and correct and are incorporated herein as the findings of the City Council of the City of Livermore.
2. Based on these findings, it finds and declares that the Premises depicted in Exhibit B hereto is, pursuant to the Act, exempt surplus land because it qualifies for the “small surplus land parcels” exemption established in Section 54221(f)(1)(B) of the Act and Section 103(c)(3) of the Guidelines.
3. It directs the Innovation and Economic Development Department Director, or his designee, to provide a copy of this resolution to HCD at least thirty (30) days prior to the disposition of the Premises.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 14, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED AS TO FORM:
_____________________________ /s/ Molly A. O’Toole
Olivia Nashed Molly A. O’Toole
City Clerk Assistant City Attorney
Exhibit A – Property
Exhibit B – Premises
150
EXHIBIT B - PREMISES
LEGAL DESCRIPTION
REAL PROPERTY SITUATED IN THE CITY OF LIVERMORE, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AS FOLLOWS:
BEING ALL OF TRACT 3333, LOT W, RECORDED FEBRUARY 29, 1972, IN BOOK 74, PAGES 9 THROUGH 22, IN THE ALAMEDA COUNTY RECORDER’S OFFICE UNDER RECORD SERIES 72-26653
CONTAINING 7.6 ACRES, MORE OR LESS.
APN: 099-0189-001-00
SHEET 1 0F 3
EXHIBIT A - PROPERTY
EXHIBIT A
151
EXHIBIT A
152
EXHIBIT A
153
153'-0"
43'-0"
36'-10"
13'-9" 61'-3"
73'-6"
N
EXHIBIT 'B'
HAGEMANN
RANCH
APN 099-0189-015-03
HAGEMANN
PARK
APN 099-0189-001
COMMON PROPERTY LINE
EXISTING PATH
SCALE: 1" = 16'
FRONT PROPERTY LINE
154
CITY COUNCIL STAFF REPORT ITEM NO. 6.10
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Brandon Cardwell, Innovation and Economic Development Director SUBJECT: Resolution authorizing the execution of a charging station lease agreement with IONNA LLC (IONNA) for the installation and operation of electric vehicle charging stations on a portion of real property located at 1082 East Stanley Boulevard and finding the project exempt from the California Environmental Quality Act.
RECOMMENDED ACTION
Staff recommends that the City Council adopt a resolution:
(1) Finding that issuance of the Lease and the installation, maintenance, and operation of electric vehicle chargers and ancillary items are exempt from the California Environmental Quality Act pursuant to CEQA Guidelines sections 15301, 15303, and 15061(b)(3);
(2) Authorizing the execution of the Lease with IONNA LLC; (3) Designating the City Manager, or her designee, to administer the Lease and to consent to anything requiring City approval; and
(4) Authorizing the City Manager, or her designee, to take all necessary and appropriate actions to carry out the purpose and intent of the resolution, including making non-substantive changes to the Lease to facilitate recording with the Alameda County Clerk Recorder's Office.
SUMMARY
Staff recommends approval of a lease agreement with IONNA for the installation and operation of public electric vehicle fast-charging stations at the City-owned property located at 1082 East Stanley Boulevard (Attachment 1). Under the agreement, IONNA will install, operate, and maintain the charging facilities and reimburse the City for associated utility costs. The lease will generate ongoing General Fund revenue while expanding public access to fast-charging infrastructure and supporting the City’s sustainability and economic development goals.
The project is exempt from the California Environmental Quality Act (CEQA) because the City Council, after considering the written record and any public comments and based on its independent judgment, finds that issuance of the Lease and the related installation, maintenance, and operation of electric vehicle chargers and ancillary items are: (a) categorically exempt pursuant to CEQA Guidelines Section 15301 (Existing Facilities), as the project consists of a minor alteration of an existing public parking lot 155
and the installation of electric vehicle chargers and associated infrastructure constitutes a negligible expansion of the existing use; (b) categorically exempt pursuant to CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures), because the project involves the construction and location of limited numbers of new small facilities and none of the exceptions set forth in CEQA Guidelines Section 15300.2 apply; and (c) exempt pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility the activity may have a significant effect on the environment.
DISCUSSION
IONNA is a national EV charging provider focused on expanding fast-charging networks in regions with growing electric vehicle adoption. The East Stanley Boulevard site has been identified as a suitable location for Level 3 chargers based on site accessibility, electrical capacity, and proximity to major transportation corridors. The property was previously included in the City of Livermore's (City) Charging Station Master License Agreement with Ava Community Energy. The property was removed from that agreement effective July 1, 2026, allowing the City to pursue a separate agreement with IONNA for development and operation of charging facilities at the site.
Under the proposed lease agreement, IONNA will be responsible for installing, operating, and maintaining all equipment associated with the Level 3 EV chargers. Utility costs attributable to the charging stations will be separately metered or otherwise reimbursed by IONNA in accordance with the lease. The agreement is for a base term of 10 years beginning when the charging stations become operational, with one five-year extension option, providing a long-term framework for ensuring reliable service and ongoing investment in charger performance while minimizing fiscal impact to the City. The City will retain control of the site and may benefit from increased visitor activity and long-term infrastructure improvements.
The project has undergone preliminary site feasibility review, and installation of Level 3 chargers at this location is consistent with the City's adopted sustainability and transportation strategies. These chargers will support regional EV adoption, improve charging access for community members without homecharging capability, and advance the City's climate and economic development goals. Approval of this resolution will authorize execution of the lease agreement and allow IONNA to proceed with project scheduling, permitting, and installation.
The project is exempt from the California Environmental Quality Act (CEQA) because the issuance of the Lease and the related installation, maintenance, and operation of electric vehicle chargers and ancillary items are: (a) categorically exempt pursuant to CEQA Guidelines Section 15301 (Existing Facilities), as the project consists of a minor alteration of an existing public parking lot and the installation of electric vehicle chargers and ancillary items constitutes a negligible expansion of the existing use; (b) categorically exempt pursuant to CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures), because the project involves the construction and location of limited numbers of new small facilities and none of the exceptions set forth in CEQA Guidelines Section 15300.2 apply; and (c) exempt pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility the activity may have a significant effect on the environment. 156
FISCAL & ADMINISTRATIVE IMPACTS
Execution of the lease agreement with IONNA will generate new, ongoing revenue for the City’s General Fund. Under the terms of the agreement, IONNA will pay the City $315 per EV stall per month, increasing by three percent on July 1 of each year of the agreement.
COMMUNITY PILLAR
3: Environmental Stewardship
GOAL
1: Lead efforts to implement the updated Climate Action Plan in collaboration with internal and external partners.
ATTACHMENTS
1. Location Map
2. Resolution
3. Exhibit A - Lease Agreement
Prepared by: Erica Ledesma
Senior Management Analyst
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
157
PREMISES
1114 E. Stanley
Blvd. El Pollo Loco
Railroad Ave
ATTACHMENT 1
158
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE EXECUTION OF A CHARGING STATION
LEASE AGREEMENT WITH IONNA LLC FOR THE INSTALLATION AND
OPERATION OF ELECTRIC VEHICLE CHARGING STATIONS ON A PORTION OF REAL PROPERTY LOCATED AT 1082 EAST STANLEY BOULEVARD AND
FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
The City of Livermore owns approximately 1.74 acres of real property located at 1082 East Stanley Boulevard, Livermore, California (“Property”). The Property was previously subject to the Charging Station Master License Agreement (“Agreement”) between the City and Ava Community Energy (“Ava”), which authorized Ava to install and operate electric vehicle chargers at the Property, among other locations. On or about July 1, 2026, the Property was formally removed from the Agreement.
IONNA LLC (“IONNA”) is a national electric vehicle charging provider focused on expanding fast-charging networks in regions with growing electric vehicle use. IONNA has identified the Property as a suitable location for the installation of electric vehicle chargers based on site accessibility, electrical capacity, and proximity to major transportation corridors. As a result, IONNA desires to lease from the City a portion of the Property for the installation and operation of electric vehicle charging stations.
The Charging Station Lease Agreement (“Lease”), attached hereto as Exhibit A, would authorize IONNA to use a portion of the Property for the installation, operation, and maintenance of electric vehicle charging stations and ancillary items for a ten-year term beginning on the date its charging stations are first operational, with one five-year extension option. The monthly base rent for each charging stall is $315, which will increase by three percent on July 1 of each calendar year. The Lease does not grant IONNA any development rights over the Property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it:
1. Finds, after considering the written record and all public comments, and based on its own independent judgment, that the issuance of the Lease and the related installation, maintenance, and operation of electric vehicle chargers and ancillary items is: (a) categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301, Existing Facilities, because the project consists of a minor alteration of an existing public parking lot and the installation of electric vehicle chargers and ancillary items constitutes a negligible expansion of the existing use; (b) categorically exempt pursuant to CEQA Guidelines section 15303, New Construction or Conversion of Small Structures, because the project consists of the construction and location of limited numbers of new small facilities and none of the exceptions in CEQA Guidelines section 15300.2, Exceptions, apply; and (c) exempt from CEQA because it 159
2 RESOLUTION NO. ________
can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines section 15061(b)(3), Review for Exemption).
2. Authorizes the City Manager, or her designee, to execute the Lease with IONNA LLC, attached hereto as Exhibit A, for the installation and operation of electric vehicle charging stations at 1082 East Stanley Boulevard, for an initial term of ten years with one, five-year extension option.
3. Designates the City Manager, or her designee, to administer the Lease and authorizes the City Manager, or her designee, to consent to any manner requiring City of Livermore approval, consistent with Section 10.5, Lease Administration and Approvals, of the Lease, attached hereto as Exhibit A.
4. Authorizes the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including making non-substantive changes to the Lease to facilitate recording with the Alameda County Clerk-Recorder’s Office.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 14, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly A. O’Toole
Olivia Nashed Molly A. O’Toole
City Clerk Assistant City Attorney
Exhibit A – Charging Station Lease Agreement by and between the City of Livermore and
IONNA LLC
160
EXHIBIT A
161
EXHIBIT A
162
EXHIBIT A
163
EXHIBIT A
164
EXHIBIT A
165
EXHIBIT A
166
EXHIBIT A
167
EXHIBIT A
168
EXHIBIT A
169
EXHIBIT A
170
EXHIBIT A
171
EXHIBIT A
172
EXHIBIT A
173
EXHIBIT A
174
EXHIBIT A
175
EXHIBIT A
176
EXHIBIT A
177
EXHIBIT A
178
EXHIBIT A
179
EXHIBIT A
180
EXHIBIT A
181
EXHIBIT A
182
EXHIBIT A
183
EXHIBIT A
184
EXHIBIT A
185
EXHIBIT A
186
EXHIBIT A
187
EXHIBIT A
188
EXHIBIT A
189
EXHIBIT A
190
EXHIBIT A
191
CITY COUNCIL STAFF REPORT ITEM NO. 6.11
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Kristen Hilton, Acting Administrative Services Director SUBJECT: Resolution authorizing execution of a three-year agreement with IC Systems, Inc. for Accounts Receivable Collection Services ending June 30, 2029 in an amount not-toexceed $1,000,000.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution approving a three-year contract with IC Systems, Inc. to provide accounts receivable collection services for City departments, in an amount not to exceed $1,000,000, and authorizing the City Manager to execute the agreement and any necessary amendments.
SUMMARY
City departments regularly encounter delinquent customer accounts related to fees, permits, utilities, licenses, and other City services. To support timely, consistent, and professional collection efforts, staff recommends entering into a three-year agreement with IC Systems, Inc., a nationally recognized collections firm. The agreement authorizes IC Systems to collect outstanding balances on the City’s behalf and retain up to 18.9% of all amounts collected as payment for services.
IC Systems, Inc. was selected after a competitive process based on their extensive experience in public sector collections, customer friendly approach, and competitive fee structure. The company has worked with numerous local governments nationwide and adheres to strict compliance and data security standards.
The contract will enable more effective accounts receivable recovery, create consistent practices across departments, and support fiscal responsibility in managing outstanding debts owed to the City.
DISCUSSION
The City issued a Request for Proposals (RFP) for delinquent account collection services, and five companies from across the nation submitted proposals for evaluation. Following a comprehensive review process, IC Systems, Inc. was selected as the recommended vendor. 192
Under the proposed agreement, IC Systems, Inc. will:
1. Receive delinquent accounts referred by the City after internal collection steps are exhausted.
2. Conduct collection activities consistent with state and federal regulations.
3. Provide detailed reporting, account tracking, and remittance statements.
4. Retain up to 18.9% of recovered funds as compensation, remitting the remaining balance to the City.
5. Provide customer service to account holders seeking to resolve outstanding balances.
The three-year contract, with a not-to-exceed limit of $1,000,000, ensures adequate capacity for all participating City departments while allowing flexibility based on volume. Fees are paid only from successfully collected amounts. There is no upfront cost to the City. This contract will improve collection effectiveness, reduce staff time spent on delinquency follow-up, and increase revenue recovery supporting City operations and enterprise funds.
FISCAL AND ADMINISTRATIVE IMPACTS
There is no fiscal impact to the City’s General Fund or operating budgets, as IC Systems, Inc. is compensated solely from a percentage of funds successfully collected on delinquent accounts. The City incurs no upfront or ongoing fixed costs, and payments to the vendor are made only when revenue is recovered.
By increasing the likelihood of recovering outstanding balances that would otherwise remain uncollected, the agreement is expected to increase net collection revenue across participating City departments.
Additional benefits include reduced staff time spent on delinquency follow-up, improved tracking and reporting, and streamlined coordination across departments.
COMMUNITY PILLAR
5. A City That Works
GOAL
11. Modernize key business systems and processes to increase efficiency and improve transparency.
ATTACHMENTS
1. Resolution
2. Exhibit A - Professional Services Agreement
Prepared by: Martin Wong
Accounting Supervisor
193
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
194
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH IC SYSTEMS, INC. FOR ACCOUNTS
RECEIVABLE COLLECTIONS SERVICES FOR CITY DEPARTMENTS
IN AN AMOUNT NOT-TO-EXCEED $1,000,000 FOR A THREE-YEAR
TERM
City departments regularly encounter delinquent customer accounts related to fees, permits, utilities, licenses, and other City services. To support timely, consistent, and professional collection efforts, staff recommend entering into a three-year agreement with IC Systems Inc., a nationally recognized collections firm. The agreement authorizes IC Systems to collect outstanding balances on the City’s behalf and retain up to 18.9% of all amounts collected as payment for services.
In February 2026 and with the support from Procurement, the Innovation & Economic Development Department completed a competitive bidding process and selected IC Systems, Inc. as the best value to provide collection agency services. IC Systems Inc. met all bid requirements and offered the most competitive rates.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby authorizes the City Manager to execute a professional services agreement with IC Systems, Inc., for account receivable collections services to all City Departments, attached hereto as Exhibit A, in an amount not to exceed $1,000,000.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 14, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel Gonzales
Olivia Nashed Daniel Gonzales
City Clerk Deputy City Attorney
Exhibit A – Professional Services Agreement
195
25-1116
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 IC System Inc (“Consultant”), a(n) Minnesota Corporation.
RECITALS
City requires professional services for debt collections including, but not limited to, account placement processing; letter series production and delivery; toll-free phone line support; skip-trace efforts; account and balance update processing; and correspondence and bankruptcy handling. Consultant 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.
Consultant represents and warrants that it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges City has relied upon these representations and warranties as inducement to award this Agreement to Consultant.
AGREEMENT
NOW, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:
1. Retention as Consultant. City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the Services described and defined below in Section 3 Description of Services subject to the terms and conditions in this Agreement.
2. Relationship of Parties – Independent Contractors.
(a) The relationship of the parties shall be that of independent contractors.
Consultant is and shall at all times remain as to City a wholly independent contractor during the term of this Agreement.
(b) Consultant and its personnel performing the Services on behalf of Consultant are not City officers or employees. Consultant’s personnel shall at all times be under Consultant’s exclusive direction, control, supervision, and management.
Consultant, at its own cost and expense, is responsible for all workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the Services by Consultant’s personnel.
Docusign Envelope ID: 2C235F42-B0F1-8370-82AC-3FB7E94C8DF9
EXHIBIT A
196
(c) Consultant and its personnel providing the Services shall not qualify for or become entitled to, and hereby waive any claims to, any compensation, benefit, or any incident in employment by City, including but not limited to enrollment in the California Public Employees Retirement System (PERS) as an employee of City and any entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
(d) Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, and shall have no authority, express or implied, to bind City to any obligation whatsoever.
3. Description of Services. Consultant shall provide the services described in the recitals and more particularly set forth in Exhibit A Scope of Work, which are collectively defined as “the Services” for the purposes of this Agreement.
4. Consultant’s Responsibilities. Consultant, at its own cost and expense, shall:
(a) Coordinate the Services with Martin Wong (“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: 2C235F42-B0F1-8370-82AC-3FB7E94C8DF9
EXHIBIT A
197
(g) Obtain and complete the appropriate City forms for City to pay Consultant electronically via the Automated Clearing House (ACH). Those forms may be obtained by email at [email protected] or by calling Accounts Payable staff at (925) 960-4345. If Consultant opts-out of electronic payment, it must likewise complete the appropriate City forms that can be obtained from those same sources for payment by check. The authority granted by those forms will remain in force and effect until City receives written notification of changes, which changes shall not take effect for at least ten business days to afford City a reasonable opportunity to act; (h) Provide City with a complete Request for Taxpayer Identification Number and Certification Form W-9 using the form most recently issued by the Internal Revenue Service;
(i) Comply with all applicable state and federal laws, as well as Alameda County and City of Livermore ordinances, regulations, and adopted codes, when providing the Services;
(j) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested, and if requested by the Project Manager, Consultant shall certify the correctness of any invoice or invoices for Services provided. Consultant shall not submit an invoice to City more frequently than once a calendar month;
(k) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least three years from the date of City’s final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment. Consultant shall make the invoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Consultant shall give City 30 calendar-days’ written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants to take possession, then Consultant and City shall coordinate delivery of the invoices and records to City in the most efficient manner possible;
(l) Be available to the Project Manager, City staff, and other parties referred to Consultant by the Project Manager to answer questions or inquiries related to the Services or invoices;
(m) Prepare and submit a written report to the Project Manager, within three business-days of the Project Manager’s written request, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;
(n) Correct all errors in the Services. If Consultant fails to make such correction in a timely manner, then City may make the correction and then charge the cost thereof to Consultant or deduct that cost from the compensation payable to Consultant; Docusign Envelope ID: 2C235F42-B0F1-8370-82AC-3FB7E94C8DF9
EXHIBIT A
198
(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 July 1, 2026, and terminates upon the completion of the Services or June 30, 2029, whichever occurs first.
6. Termination by City. City may terminate any portion or all of the Services by giving Consultant at least 30 calendar-days’ written notice. 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 $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. 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.
Docusign Envelope ID: 2C235F42-B0F1-8370-82AC-3FB7E94C8DF9
EXHIBIT A
199
(d) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.
(e) City shall pay Consultant via the Automated Clearing House or as otherwise instructed by Consultant pursuant to Section 4(g) above.
8. Ownership of Documents. All drawings, designs, data, photographs, reports and other items prepared or obtained by Consultant in the performance of the Services are City’s property and Consultant shall deliver them to City upon demand.
9. Intellectual Property, Copyright, and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disclosed by Consultant to City and Consultant obtains a license to such items for the benefit of City.
All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.
10. Confidentiality. Consultant shall not disclose any confidential or proprietary information received from City to anyone except Consultant’s personnel who require access to the information to perform the Services. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are returned to City or confirmed destroyed in a manner satisfactory to City.
11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Consultant shall hold harmless, indemnify, and defend with counsel selected by or otherwise acceptable to City, City and its elected and appointed officials, officers, directors, employees, agents, and designated volunteers (collectively “Indemnified Parties”) from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services, or in connection with Consultant’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of the Indemnified Parties. Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by City.
Docusign Envelope ID: 2C235F42-B0F1-8370-82AC-3FB7E94C8DF9
EXHIBIT A
200
(a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Consultant’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.
(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e)
12. Insurance. Without limiting Consultant’s indemnification of the Indemnified Parties, Consultant shall procure and maintain at its own expense during the term of this Agreement policies of insurance in the amounts and under the terms set forth in Exhibit C Insurance Requirements against claims and Liability that may arise from or in connection with this Agreement and performance of the Services. Upon reasonable written notice, Consultant shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.
13. Force Majeure; Service Delays. Should Consultant’s performance of the Services be obstructed or delayed due to changes in the Services by City, by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain goods, materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then Consultant’s time for performance may, at City’s sole discretion, be extended for such periods as may be agreed upon by City and Consultant. Nothing in this section restricts City’s authority in Section 6 to terminate this Agreement.
14. Acceptance of Final Payment. Consultant’s acceptance of final payment will release City from any and all claims and liabilities for compensation under this Agreement.
15. Acceptance of Work. City’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy, completeness, or competency of the Services, nor do the actions constitute an assumption of Consultant’s responsibility or liability by City for any defect or error in the Services.
16. Conflict of Interest. Consultant represents that no City employee or official has a financial interest in Consultant. Consultant shall not offer, encourage, or accept any financial interest in any part of Consultant's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party, Consultant represents that it has not performed any work for that private party during the twelve-month period prior to the execution of this Agreement, and that it shall not negotiate, offer, or accept any contract for services from that party during the term of this Agreement.
Docusign Envelope ID: 2C235F42-B0F1-8370-82AC-3FB7E94C8DF9
EXHIBIT A
201
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 City’s California Levine Act Disclosure Statement that can be obtained from the City Clerk.
19. Use of Recycled Products. If fitness and quality are equal, then Consultant shall utilize recycled products consistent with City’s Environmentally Preferrable Purchasing and Practices Policy, and as defined in California Public Contract Code Section 12200 for the Services, instead of nonrecycled products whenever recycled products are available at the same or a lesser cost than nonrecycled items. Information on recycled materials can be found here:
• Sustainable Purchasing | StopWaste - Home, Work, School • Reducing Waste at Work | StopWaste - Home, Work, School • Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing | US EPA
20. Non-Exclusive Agreement. This Agreement is non-exclusive. City reserves the right to provide, and to retain other qualified consultants to provide, services that are the same or similar to the Services.
21. Business Entity Status. Consultant is responsible for filling all required documents and forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, as well as the California Business and Professions Code and any other state statute, to the extent such requirements apply to Consultant to provide the Services. By entering into this Agreement, Consultant represents that it is: authorized to do business in California; in good standing with the California Secretary of State; and, in good standing with all agencies having jurisdiction over Consultant, including any licensing agencies. If Consultant is a suspended entity at the time it enters into this Agreement, City may take steps to void this Agreement.
Docusign Envelope ID: 2C235F42-B0F1-8370-82AC-3FB7E94C8DF9
EXHIBIT A
202
22. Authority to Execute Agreement. Consultant has taken all necessary action to authorize the execution of this Agreement, and expressly represents that the person signing this Agreement on behalf of Consultant has received and accepted the authority to sign and execute this Agreement on behalf of Consultant. Upon the Effective Date, this Agreement shall constitute a legal, valid and binding obligation of Consultant, enforceable against Consultant in accordance with its terms, which authorization is ratified and confirmed upon Consultant’s acceptance of the first compensation payment by City.
23. No Subcontracting and No Assignment. Consultant’s unique personal competence, experience, specialized personal knowledge, and professional reputation were a substantial inducement to City for the award of this Agreement to Consultant, therefore no part of the Services may be assigned or subcontracted without City’s prior written consent. For the purposes of this section, a change of fifty percent or more in the ownership or control of Consultant constitutes an assignment.
24. Remedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right or remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, Consultant must present a written claim to City in accordance with Livermore Municipal Code Chapter 3.40 Claims Administration.
25. Work Eligibility. Consultant warrants that only personnel authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be provided by Consultant for the performance of the Services.
26. Non-Discrimination. In performance of the Services, Consultant agrees that it will not engage in discrimination in employment of persons because of such person’s race, color, religion, sex/gender, gender identity/expression, sexual orientation, marital status, medical condition, military or veteran status, national origin, ancestry, disability, genetic information, age, or any protected classification when providing the Services. Consultant further agrees to comply with all provisions of Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in all programs or activities receiving federal financial assistance. Consultant further assures that it will take necessary actions to ensure compliance with these requirements in the performance of this Agreement.
Docusign Envelope ID: 2C235F42-B0F1-8370-82AC-3FB7E94C8DF9
EXHIBIT A
203
27. Construction of Language.
(a) The terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and any exhibit hereto, the language in the body of the Agreement controls.
(b) For the purposes of this Agreement, the terms “writing” and “written” includes electronic documents and communication via email, but not when those terms are used in Sections 6, 12, 23, and Sections 27 through 30 for notices, consent, or modifications. For the notices, consent, and modifications in Sections 6, 12, 23, and Sections 27 through 30, the terms “writing” and “written” means either a physically tangible document or an electronic document that satisfies the requirements in Livermore Municipal Code Section 2.64 Electronic Signatures.
28. Entire Agreement; Modification. This Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Services.
Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archival copy maintained by City can be used in place of the original for all purposes with the same effect as if it was the original.
29. Notice. Notices under this Agreement must be delivered to the addresses below by deposit in the United States mail or by overnight delivery service, with postage prepaid and delivery confirmation, with a courtesy copy delivered by email to the email addresses below:
TO CITY: Attention: Martin Wong
City of Livermore / Administrative Services
1052 South Livermore Avenue Livermore, CA, 94550
[email protected]
Email: [email protected]
[email protected]
[email protected]
TO CONSULTANT: Attention: Karen Jonas
IC System Inc
444 Highway 96 E
St. Paul, MN, 55127
United States
Email: [email protected]
Docusign Envelope ID: 2C235F42-B0F1-8370-82AC-3FB7E94C8DF9
EXHIBIT A
204
30. Waiver. Failure to insist upon the strict performance of any term or condition in this Agreement, no matter how long the failure continues, is not a waiver of the term or condition and does not bar the right to subsequently demand strict performance. To be effective, a waiver must be in writing and signed by the nonbreaching party.
31. Severability. If a court of competent jurisdiction determines a provision in this Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired in any way.
32. Survival. The terms, conditions, and obligations in Sections 2, 8 through 11, 23, 24, 30, and 31 through 33 shall survive the completion or termination of this Agreement.
33. Jurisdiction and Venue. The interpretation, validity, and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of California. Any suit, claim, or legal action of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda or in the United States District Court for the Northern District of California.
34. Electronic Signatures. By signing this document, you are agreeing that you have reviewed this disclosure information and consent to transact business using electronic communications and to utilize electronic signatures in lieu of using paper documents pursuant to Livermore Municipal Code section 2.64 Electronic Signatures and all other applicable laws. You are not required to sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.
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: 2C235F42-B0F1-8370-82AC-3FB7E94C8DF9
EXHIBIT A
205
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:
____________________________ ___________________________ John Erickson Jr.
CEO/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
Docusign Envelope ID: 2C235F42-B0F1-8370-82AC-3FB7E94C8DF9 8/1/2026 | 8:44 AM CDT
EXHIBIT A
206
EXHIBIT A
Scope of Work
Scope of Work Description – Delinquent Account Collection Services Consultant shall perform collection services for accounts assigned by City, including, but not limited to:
• Utility billing delinquencies
• Administrative citations
• False alarm fees
• Business license fees
• Housing-related fees
• Miscellaneous accounts receivable
• Returned checks
• Other receivables as authorized by City
City reserves the right to determine which accounts will be assigned for collection.
Consultant/Vendor Responsibilities:
1. Collection Activities
Consultant shall:
• Accept electronic account placements from City in a mutually agreed-upon format.
• Initiate collection activity promptly upon receipt of assigned accounts. • Issue collection notices and demand letters.
• Conduct skip tracing using commercially available databases. • Contact debtors through lawful telephone, written correspondence, email, and other legally permissible communication methods.
• Negotiate payment arrangements consistent with City policies. • Collect payments through secure payment methods approved by City. • Remit collected funds to City in accordance with the contract. • Maintain detailed documentation of all collection activities.
Docusign Envelope ID: 2C235F42-B0F1-8370-82AC-3FB7E94C8DF9
EXHIBIT A
207
2. Compliance Requirements
Consultant shall comply with all applicable laws and regulations, including but not limited to:
• Fair Debt Collection Practices Act (FDCPA)
• Fair Credit Reporting Act (FCRA)
• California Rosenthal Fair Debt Collection Practices Act • California Consumer Privacy Act (CCPA), as applicable • California Information Practices Act
• All applicable state and federal privacy and data security requirements • City policies governing collection activities
Consultant shall not engage in abusive, deceptive, misleading, or unfair collection practices.
3. Skip Tracing and Asset Location
When appropriate, Consultant shall:
• Perform skip tracing to locate debtors.
• Utilize commercial databases to obtain updated addresses, telephone numbers, and employment information.
• Document all skip tracing activities.
4. Litigation Support (Optional)
If authorized by City:
• Recommend accounts suitable for legal action.
• Assist City Attorney or designated legal counsel by providing documentation supporting litigation.
• Testify regarding collection records when required.
Consultant shall not initiate litigation without prior written authorization from City.
5. Bankruptcy and Deceased Accounts
Consultant shall:
• Immediately suspend collection activities upon notice of bankruptcy. • Notify City of bankruptcy filings.
• Handle probate or estate matters only as authorized by City. • Return uncollectible bankruptcy accounts when directed.
6. Credit Reporting
If authorized by City and permitted by law, Consultant may:
• Report delinquent accounts to national credit reporting agencies. • Remove or update credit reporting information promptly upon payment or City direction.
Docusign Envelope ID: 2C235F42-B0F1-8370-82AC-3FB7E94C8DF9
EXHIBIT A
208
7. Customer Service Standards
Consultant shall:
• Treat all debtors courteously and professionally.
• Maintain trained customer service representatives.
• Respond promptly to debtor inquiries.
• Direct disputed accounts back to City when appropriate. • Immediately notify City of complaints involving Consultant staff.
8. Payment Processing
Consultant shall:
• Accept payments via methods approved by City.
• Clearly identify all payments received.
• Remit collected funds and supporting documentation to City at least monthly, or more frequently if required.
• Maintain complete accounting records.
9. Reporting Requirements
Consultant shall provide monthly reports including:
• Number of accounts assigned
• Dollar amount assigned
• Collections received
• Collection rate
• Payments remitted
• Accounts returned
• Collection activity summaries
• Aging reports
• Status of payment plans
• Bankruptcy accounts
• Disputed accounts
• Recommended write-offs
Consultant shall provide additional reports upon request.
10. Data Security
Consultant shall:
• Maintain appropriate administrative, technical, and physical safeguards for confidential information.
• Encrypt electronic data in transit and at rest.
• Restrict access to authorized personnel.
• Notify City immediately of any actual or suspected data breach. • Cooperate fully with City's incident response requirements.
Docusign Envelope ID: 2C235F42-B0F1-8370-82AC-3FB7E94C8DF9
EXHIBIT A
209
11. Performance Standards
Consultant shall:
• Begin collection efforts within five (5) business days of account assignment. • Maintain accurate records of all debtor communications. • Achieve collection performance consistent with industry standards. • Respond to City inquiries within two (2) business days. • Correct reporting errors promptly.
12. Records Retention
Consultant shall:
• Maintain collection records for the period required by California law or the contract.
• Provide records to City upon request.
• Return or securely destroy City records upon contract termination
13. Return of Accounts
Consultant shall return accounts to City upon request or when:
• Collection efforts have been exhausted.
• The debtor files bankruptcy.
• The account is disputed.
• City recalls the account.
• The contract terminates.
Returned accounts shall include a complete electronic history of collection efforts.
14. City Responsibilities
City shall:
• Assign eligible delinquent accounts.
• Provide account information necessary for collection. • Resolve account disputes involving billing accuracy.
• Approve settlements, compromises, or write-offs exceeding Consultant authority.
• Review Consultant performance.
15. Performance Review
City may evaluate Consultant's performance using criteria including:
• Collection rate
• Customer service quality
• Timeliness of reporting
• Compliance with laws and contract requirements
• Responsiveness to City staff
• Accuracy of remittances and reporting
• Complaint history
• Data security compliance
Docusign Envelope ID: 2C235F42-B0F1-8370-82AC-3FB7E94C8DF9
EXHIBIT A
210
16.Non-Litigation Attorney Referral Activities
With the Administrative Services Director’s written approval, IC System utilizes NLAR (Non-Litigation Attorney Referral) services, which involve letters and calls from an independent attorney’s office to the consumer. The attorney restates the consumer’s responsibility to pay the overdue balance. It does not include the threat of litigation, but a call from the attorney’s office as a next step can effectively promote payment. Clients routinely utilize NLAR services as an effective follow-up for accounts that have exhausted traditional collection efforts.
NLAR is initiated for all consumers reaching this collection stage when approved by City at setup.
Accounts with no payment arrangement and no payment activity for one hundred eighty (180) days may be referred to the NLAR service. Accounts shall remain in NLAR for ninety (90) days. If no payment arrangement is established and no payment is received during that period, the account shall be returned to IC System for further collection activity.
17.Litigation Referral Activities
With the Administrative Services Director’s written approval, an account may be referred to litigation services as a final collection measure.
At that time, a designated IC System collections representative makes one last effort to contact the consumer before the account is moved into the litigation phase.
Litigation eligibility determined by the IC System Litigation team is based on a total review of account and client criteria for legal action, which includes:
• Client’s collection objectives regarding delinquent accounts. • State where the consumer resides.
• Availability of a valid consumer address.
• Information about the consumer's assets.
• Type of account.
• Account balance—The minimum debt amount varies by jurisdiction. IC System recommends not pursuing accounts less than $3,000; however, IC’s computer system, ICE (Intelligent Collections Engine), can determine the amount.
• Disputes – Disputed accounts may be subject to a counterclaim, resulting in unwanted client attorney fees.
Docusign Envelope ID: 2C235F42-B0F1-8370-82AC-3FB7E94C8DF9
EXHIBIT A
211
18.Deceased Account Solutions Activities
With the Administrative Services Director’s written approval, an account may be referred for deceased account solutions handling.
IC System offers a comprehensive approach to identifying probated estates and recovering funds from both probate and non-probate accounts.
When IC System determines that an account holder has passed away, the account becomes eligible for this specialized recovery process. Services include preparing, executing, and submitting claims to the estates or trusts of deceased individuals on behalf of clients. When appropriate, claims are filed with the relevant probate courts, with ongoing follow-up to ensure the client’s interests are safeguarded.
This solution also encompasses recovery efforts on outstanding balances owed by deceased individuals when no probate proceeding or trust has been identified.
In such cases, authorized estate representatives are contacted. If a probate or trust is later located, a formal claim is submitted on the client’s behalf.
Consultant may negotiate up to a 50% settlement to resolve the balance in full on such accounts.
Docusign Envelope ID: 2C235F42-B0F1-8370-82AC-3FB7E94C8DF9
EXHIBIT A
212
EXHIBIT B
FEE SCHEDULE
Consultant shall be compensated for the services identified in Exhibits A to this Agreement as follows:
1. Maximum Not-to-Exceed amount
A. The maximum Consultant shall be paid on this Agreement is $1,000,000 hereafter the Not to Exceed amount. The Not to Exceed amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires City to pay for work not identified in Exhibit A.
B. Standard Reimbursable Items: Only the reimbursable items identified shall be compensated to Consultant. Reimbursable expenses will be reimbursed without markup. Reimbursable expenses shall not exceed the amount set forth in section 1.A of this Exhibit and a copy of the original invoice for the items listed in sections 1, 2 or 3 below shall be attached to the invoice submitted to City for reimbursement. Payments shall be based upon work documents submitted by Consultant to City and accepted by City as being satisfactory to City’s needs. Additionally, items such as a telephone, fax, postage or freight are already included in the billable hourly rate. Consultant shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary, and actually incurred, by Consultant in connection with the services:
1. Expenses, fees or charges for printing, reproduction, or binding of documents at actual costs with no markup added to the actual cost.
2. Any filing fees, permit fees, or other fees paid or advanced by Consultant at actual costs with no markup added to the actual cost.
3. Travel expenses shall be reimbursed at actual costs with no markup addedto the actual cost.
C. Consultant shall be entitled to receive payments for its work performed pursuant to the Agreement. City will pay Consultant based on invoices for acceptable work performed and approved until the Not to Exceed amount is reached. Thereafter, Consultant must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
D. If work is completed before the Not to Exceed amount is reached, Consultant’s compensation will be based on Consultant's invoices previously submitted for acceptable work performed and approved.
Docusign Envelope ID: 2C235F42-B0F1-8370-82AC-3FB7E94C8DF9
EXHIBIT A
213
2. Compensation
A. Consultant shall receive 18.9% of all payments collected through its collection activities.
B. Consultant shall receive 40% of all payments collected through its nonlitigation attorney referral activities C. Consultant shall receive 50% of all payments collected through its litigation referral activities.
D. Consultant shall receive 50% of all payments collected through its deceased account solutions activities.
No fee shall be earned unless funds are successfully collected and received.
Consultant shall submit invoices and supporting documentation in accordance with the contract.
3. Terms of Payments
Net 30
4. Invoices
Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit B. Invoices shall be submitted to the below address:
City of Livermore
Finance
Attention: Martin Wong
1052 South Livermore Avenue
Livermore, CA 94550
Docusign Envelope ID: 2C235F42-B0F1-8370-82AC-3FB7E94C8DF9
EXHIBIT A
214
EXHIBIT C
INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:
1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation and Employer's Liability:
Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability”.
4. Professional Liability/Errors and Omissions:
$1,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.
Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:
VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Livermore, its officers, officials, employees, and designated Docusign Envelope ID: 2C235F42-B0F1-8370-82AC-3FB7E94C8DF9
EXHIBIT A
215
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: 2C235F42-B0F1-8370-82AC-3FB7E94C8DF9
EXHIBIT A
216
CITY COUNCIL STAFF REPORT ITEM NO. 6.12
DATE: September 14, 2026
TO: Honorable Mayor and City Council
FROM: Marianna A. Burch, City Manager
SUBJECT: Resolution authorizing the City Manager to enter into a second amendment to the Livermore-Pleasanton Fire Department Joint Powers Authority agreement for legal services with Stoel Rives LLP for work related to the San Francisco Bay Regional Water Quality Control Board’s PFAS investigation of various LPFD facilities in an amount not to exceed $1,000,000.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager, or her designee, to execute a Second Amendment to the agreement with Stoel Rives LLP for work related to the San Francisco Bay Regional Water Quality Control Board's investigation of PFAS at Livermore-Pleasanton Fire Department (LPFD) facilities, increasing the agreement by $600,000 for a total not-to-exceed amount of $1,000,000.
SUMMARY
The San Francisco Bay Regional Water Quality Control Board (Water Board) is evaluating potential sources of PFAS in the Livermore Valley groundwater basin. As part of that regional effort, the Water Board requested investigations at LPFD's Fire Training Center and Fire Stations 1 (3560 Nevada Street, Pleasanton), 3 (3200 Santa Rita Road, Pleasanton), 5 (1200 Machado Place, Pleasanton), and 10 (330 Airway Boulevard, Livermore). LPFD has been working cooperatively with the Water Board to complete the requested investigations.
DISCUSSION
On November 13, 2024, LPFD entered into an agreement with Stoel Rives LLP for legal services in an amount not-to-exceed $200,000. Stoel Rives LLP subcontracted with Integral Consulting Inc. to assist with some of the technical work, including site surveys; sediment, soil, and groundwater sampling; installation of test and monitoring wells; evaluation and implementation of mitigation measures; and preparation of reports for the Water Board.
On March 24, 2026, the agreement was amended to increase the not-to-exceed amount from $200,000 to $400,000. To complete the remaining investigation work, LPFD now requests a second amendment 217
and increase the amount by $600,000 to a not-to-exceed of $1,000,000. Because the agreement includes expenditures for which both Livermore and Pleasanton are responsible under the LPFD Joint Powers Agreement, approval by both City Councils is required.
FISCAL AND ADMINISTRATIVE IMPACTS
Under the LPFD Joint Powers Agreement, Livermore and Pleasanton are jointly responsible for costs associated with the investigation of the LPFD Fire Training Center. Each city is separately responsible for costs associated with investigations of fire stations within its jurisdiction. Accordingly, Livermore is responsible for its share of the Fire Training Center investigation and the costs attributable to Fire Station 10 and LPFD budgeted funds will be used for the City of Livermore’s portion of 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.
ATTACHMENTS
1. Resolution
2. Stoel Rives - Amendment
Prepared by: Deborah Davis
Executive Assistant
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
218
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
SECOND AMENDMENT TO THE AGREEMENT WITH STOEL RIVES
LLP FOR LEGAL SERVICES RELATED TO THE SAN FRANCISCO
BAY REGIONAL WATER QUALITY CONTROL BOARD’S PFAS
INVESTIGATION OF LIVERMORE-PLEASANTON FIRE DEPARTMENT
FACILITIES, INCREASING THE TOTAL NOT-TO-EXCEED AMOUNT
FROM $400,000 TO $1,000,000
The San Francisco Bay Regional Water Quality Control Board (Water Board) is investigating (PFAS) detected in groundwater in the Livermore-Pleasanton area and has requested that the Livermore-Pleasanton Fire Department (LPFD) investigate potential PFAS discharges from the LPFD Fire Training Center and Fire Stations 1, 3, 5, and 10.
On November 13, 2024, LPFD entered into an agreement with Stoel Rives LLP to provide legal services supporting the Water Board's PFAS investigation in an amount not-to-exceed $200,000. On March 24, 2026, the agreement was amended to increase the not-to-exceed amount to $400,000 (“First Amendment”).
Additional investigation, technical evaluation, mitigation, and reporting work is required to complete the Water Board's requested investigations, and the proposed Second Amendment would add $600,000 to the agreement for a total amount not-toexceed amount of $1,000,000.
Under the Livermore-Pleasanton Fire Department Joint Powers Agreement, Livermore and Pleasanton share responsibility for costs associated with the Fire Training Center investigation, and each city is separately responsible for investigation costs attributable to fire stations within its jurisdiction, so approval by each City Council is required for the proposed Second Amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that the City Manager, or her designee, is authorized to execute the Second Amendment to the agreement with Stoel Rives LLP, substantially in the form attached as Exhibit A, increasing the agreement amount by $600,000 for a total amount not-toexceed $1,000,000. .
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 14, 2026, by the following vote:
219
2 RESOLUTION NO. ________
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Kimberly Cilley
Olivia Nashed Kimberly Cilley
City Clerk City Attorney
Exhibit A - Amendment
220