CITY COUNCIL
AGENDA
MONDAY, OCTOBER 12, 2026
REGULAR HYBRID MEETING – 7:00 PM
CLOSED SESSION - 5:00 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
Livermore City Council Agenda October 12, 2026
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 October 12, 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 October 12, 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 Public Employee Performance Evaluation. Annual evaluation of City Attorney, pursuant to Government Code section 54957.
1.2 Public Employee Performance Evaluation. Annual evaluation of City Manager, pursuant to Government Code section 54957.
1.3 Conference with Labor Negotiators. To meet with Mayor Marchand and Vice-Mayor Wang, the City’s negotiators, pursuant to Government Code section 54957.6 regarding negotiations for salary and compensation for Unrepresented Employee – City Attorney.
1.4 Conference with Labor Negotiators. To meet with Mayor Marchand and Vice-Mayor Wang, the City’s negotiators, pursuant to Government Code section 54957.6 regarding negotiations for salary and compensation for Unrepresented Employee – City Manager.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Proclamation declaring October 3-11, 2026 as California Water Professionals Appreciation Week.
Recommendation:
Staff recommends City Council declare October 3-11, 2026 as California Water Professionals Appreciation Week.
Staff Report
Attachments:
1. Proclamation
3.2 Mayor's Certificate of Commendation
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 October 12, 2026
4 Recommendation:
Staff recommends City Council recognize Kyle Schempp for his heroic response which saved a life.
Staff Report
Attachments:
Certificate of Commendation - Kyle Schempp
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 Adoption of an ordinance amending section 2.68.595 of Chapter 2.68 Contracts and Purchasing of the Livermore Municipal Code to restate the City Council's delegation of authority to City Engineer for approval of plans, specifications, and designs for Public Works contracts in accordance with Government Code Section 830.6 Recommendation:
Staff recommends the City Council adopt an ordinance and waive the second reading amending section 2.68.595 of Chapter 2.68 Contracts and Purchasing of the Livermore Municipal Code to restate the City Council's delegation of authority to City Engineer for approval of plans, specifications, and designs for Public Works contracts in accordance with Government Code Section 830.6.
Staff Report
Attachments:
1. Amended Section 2.68.595 of Chapter 2.68
2. Ordinance
6.2 Resolution authorizing acceptance for permanent maintenance, release of security, and execution of Notice of Completion for the Livermore Village Parking Garage Construction, Phase 2 Project DR586003
Recommendation:
Staff recommends the City Council adopt a resolution authorizing acceptance for permanent maintenance, release of security, and authorizing the City Manager to sign the Notice of Completion for the Livermore Village Parking Garage Construction, Phase 2 Project DR586003.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Notice of Completion
Livermore City Council Agenda October 12, 2026
5 6.3 Resolution authorizing acceptance for permanent maintenance, release of security, and execution of Notice of Completion for the Storm Drain Trash Capture Project SD202425 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 Storm Drain Trash Capture Project SD202425.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Notice of Completion
7. PUBLIC HEARINGS - NONE
8. MATTERS FOR CONSIDERATION - NONE
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, October 26, 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 October 12, 2026
6 CITY COUNCIL STAFF REPORT ITEM NO. 3.1
DATE: October 12, 2026
TO: Honorable Mayor and City Council
FROM: Carl Brown, Public Works Director
SUBJECT: Proclamation declaring October 3-11, 2026 as California Water Professionals Appreciation Week.
RECOMMENDED ACTION
Staff recommends City Council declare October 3-11, 2026 as California Water Professionals Appreciation Week.
SUMMARY
DISCUSSION
ATTACHMENTS
1. Proclamation
Prepared by: Kathy Hughes
Administrative Assistant
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Dustin Claussen
Administrative Services Director
7 PROCLAMATION
of the
City of Livermore
Proclaiming
CALIFORNIA WATER PROFESSIONALS APPRECIATION WEEK
October 3 to 11, 2026
WHEREAS, the California Legislature has officially designated the first week in October as California Water Professionals Appreciation Week; and
WHEREAS, Water Professionals Appreciation Week is intended to highlight the important role of industry professionals and public agencies in ensuring safe and reliable drinking water, wastewater, and recycled water services in California; and WHEREAS, thanks to the technical advances by highly skilled and trained water professionals and the dedication of thousands of industry professionals in the state, California drinking water and treated wastewater meets some of the most stringent water quality standards in the nation; and
WHEREAS, water is the lifeblood of California and without safe and reliable water, no community and no sector of the economy – from technology to manufacturing to agriculture – can thrive or expand; and
WHEREAS, dedicated water professionals at the City of Livermore’s Water Resources Division of the Public Works Department work 24 hours a day, seven days a week, 365 days a year to operate, maintain, and upgrade our systems and improve the resiliency of local water supply for our community;
NOW, THEREFORE, the City Council of the City of Livermore proclaims October 3 to 11, 2026 to be California Water Professionals Appreciation Week and extends its sincere gratitude and appreciation to the water and wastewater professionals who work 24/7 to provide excellent service to our community each and every day.
Mayor Signature Vice Mayor Signature
Council Member Signature
Council Member Signature
Council Member Signature
8 CITY COUNCIL STAFF REPORT ITEM NO. 3.2
DATE: October 12, 2026
TO: Honorable Mayor and City Council
FROM: Jeramy Young, Police Chief
SUBJECT: Mayor's Certificate of Commendation
RECOMMENDED ACTION
Staff recommends City Council recognize Kyle Schempp for his heroic response which saved a life.
SUMMARY
DISCUSSION
ATTACHMENTS
Certificate of Commendation - Kyle Schempp
Prepared by: Kelly Johnson
Administrative Assistant
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Dustin Claussen
Administrative Services Director
9 Mayor’s
Certificate of Commendation
in honor of
Kyle Schempp
for his extraordinary courage and swift, selfless action in rescuing a drowning child. The City of Livermore recognizes Kyle for his heroic response, which saved a life and exemplified the highest spirit of bravery and compassion.
_____________________
Mayor John Marchand
October 12, 2026
10 CITY COUNCIL STAFF REPORT ITEM NO. 6.1
DATE: October 12, 2026
TO: Honorable Mayor and City Council
FROM: Kimberly Cilley, City Attorney
SUBJECT: Adoption of an ordinance amending section 2.68.595 of Chapter 2.68 Contracts and Purchasing of the Livermore Municipal Code to restate the City Council's delegation of authority to City Engineer for approval of plans, specifications, and designs for Public Works contracts in accordance with Government Code Section 830.6
RECOMMENDED ACTION
Staff recommends the City Council adopt an ordinance and waive the second reading amending section
2.68.595 of Chapter 2.68 Contracts and Purchasing of the Livermore Municipal Code to restate the City Council's delegation of authority to City Engineer for approval of plans, specifications, and designs for Public Works contracts in accordance with Government Code Section 830.6.
SUMMARY
DISCUSSION
ATTACHMENTS
1. Amended Section 2.68.595 of Chapter 2.68
2. Ordinance
Prepared by: Daniel Gonzales
Deputy City Attorney
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Dustin Claussen
Administrative Services Director
11 Chapter 2.68
Contracts and Purchasing
2.68.595 Approval of plans, specifications, and designs.
In accordance with California Government Code Section 830.6 and Public Contract Code Section 22039, as they it may be amended from time to time, the City Council hereby delegates authority to the City Engineer, or their designee, to approve plans, specifications, and designs, and all amendments and addenda thereto, field changes through the change order process and/or approval of as-built plans for all city public works contracts.
ATTACHMENT 1
12 1 ORDINANCE NO. ____
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE AMENDING SECTION 2.68.595 OF CHAPTER 2.68 CONTRACTS
AND PURCHASING OF THE LIVERMORE MUNICIPAL CODE TO RESTATE THE CITY COUNCIL’S DELEGATION OF AUTHORITY TO THE CITY ENGINEER FOR
APPROVAL OF PLANS, SPECIFICATIONS, AND DESIGNS FOR PUBLIC WORKS CONTRACTS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 830.6
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:
Section 1. Authority. This ordinance is adopted pursuant to the City of Livermore’s police power authority established in section 7, article XI of the California Constitution to protect the health, safety, and welfare of the public, the authority granted to it by opting into the California Uniform Public Construction Cost Accounting Act, and the authority granted to it under Government Code section 830.6.
Section 2. Purpose. This ordinance modifies Livermore Municipal Code Chapter 2.68.595 Approval of plans, specifications, and designs to clarify the City’s use of design immunity in accordance with Government Code section 830.6. Ordinance 2159 inadvertently omitted reference to Government Code section 830.6 and included a reference to Public Contract Code section 22039, while still delegating authority to the City Engineer, or their designee, to approve plans, specifications, and designs, consistent with Government Code section 830.6. This ordinance ensures that Livermore Municipal Code section 2.68.595 references both Government Code section 830.6 and Public Contract Code section 22039.
Section 3. Amendment – Municipal Code. The Livermore Municipal Code Chapter 2.68 Contracts and Purchasing is hereby amended as follows:
2.68.595 Approval of plans, specifications, and designs.
In accordance with California Government Code Section 830.6 and Public Contract Code Section 22039, as they may be amended from time to time, the City Council hereby delegates authority to the City Engineer, or their designee, to approve plans, specifications, and designs, and all amendments and addenda thereto, field changes through the change order process and/or approval of as-built plans for all city public works contracts.
Section 4. Environmental. The passage of this ordinance is not a project within the definition in the California Environmental Quality Act and, therefore, is not subject to the provisions requiring environmental review. In accordance with CEQA Guidelines section 15378, the ordinance has no potential for resulting in either a direct physical change to the environment, or a reasonably foreseeable indirect physical change in the environment.
Section 5. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts. 13 2 ORDINANCE NO. ____
Section 6. Publication. This ordinance shall be published once in a newspaper of general circulation of the city of Livermore within fifteen days after its adoption.
Section 7. Effective date. This Ordinance shall take effect 30 days after its adoption.
The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on September 28, 2026, by the following vote:
AYES: Council Members Barrientos, Branning, Dunbar, Vice Mayor Wang, and Mayor Marchand
NOES: None
ABSENT: None
ABSTAIN: None
The ordinance was adopted at the regular meeting of the City Council held on October 12, 2026 by, the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Kimberly D. Cilley
Olivia Nashed Kimberly D. Cilley
City Clerk City Attorney
14 CITY COUNCIL STAFF REPORT ITEM NO. 6.2
DATE: October 12, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing acceptance for permanent maintenance, release of security, and execution of Notice of Completion for the Livermore Village Parking Garage Construction, Phase 2 Project DR586003
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing acceptance for permanent maintenance, release of security, and authorizing the City Manager to sign the Notice of Completion for the Livermore Village Parking Garage Construction, Phase 2 Project DR586003.
SUMMARY
On November 28, 2022, City Council awarded a construction contract for the Livermore Village Parking Garage Construction, Phase 2 Project DR586003 to Zovich Construction. The contract was substantially completed on December 24, 2025. Certain punch list items and final closeout submittals remain outstanding. Despite these outstanding items, the Project can now be accepted for permanent maintenance while the City withholds amounts otherwise due under the Contract, as permitted by the Contract Documents and applicable law. The process to release the contractor's bonds can begin.
DISCUSSION
On January 30, 2018, the City Council approved the locations for open space, housing, parking and circulation systems, cultural facilities, commercial uses, and a hotel for the downtown catalyst sites. The approved plan includes additional parking on the northwest side of the existing Livermore Valley Parking Garage located at I Street and Railroad Avenue (I Street Garage) and additional parking at the southwest corner of the Livermore Village Site (L Street Garage). City Council directed staff to maintain the existing parking supply during all phases of downtown development and to provide adequate parking for all existing and new development.
The Livermore Village (L Street) Parking Garage Project was constructed in 2 phases and is located at the southwest corner of the Livermore Village site, as shown on Attachment 1. Phase 1 consisted of reconfiguring the surface parking lot south of Veterans Way and constructing a trash enclosure and electrical infrastructure for future electric vehicle charging stations east of the future garage. Phase 1 of 15 the Project was completed and accepted by the City Council on January 8, 2024. Phase 2 constructed a 4-level, 452-space parking garage and a 40-space surface parking lot, along with an access road south of the garage, landscaping and crosswalk improvements along Veterans Way and S L Street, a historic brick arch, and architecturally enhanced pedestrian paseos connecting First Street to the garage and serving as welcoming gateways to surrounding downtown businesses. The Project also included electric vehicle charging spaces, a parking monitoring system, security cameras, and infrastructure for future rooftop solar panels.
The Project incorporated construction of a joint utility trench for AT&T and PG&E gas and electric facilities between L Street and K Street, generally along the pathway north of Veterans Way. The work included new utility infrastructure to serve the L Street Garage, Veterans Way, Stockmen’s Park, Veterans Park, the trash enclosure, and the remediation system. The joint trench also provides infrastructure for future extensions serving the SPARC Theater and electric vehicle fast chargers. This work was necessary to replace existing electrical service associated with the former shopping center site, which was removed to accommodate future development. Additional project work involved removing soil containing trace amounts of the dry-cleaning solvent tetrachloroethylene (PCE) and installing soil vapor extraction wells and piping that connects to the soil vapor extraction system that is currently under operation.
The Project was substantially completed on December 24, 2025. Certain punch list items were not completed within the period specified by Section 5.2 of the Contract, and certain final submittals required by Specification Section 017700, Project Closeout, remain outstanding. Despite the outstanding items, staff recommends that the City accept the Project and record a Notice of Completion under Section
16.1.4 of the General Conditions to the Contract. California Public Contract Code section 7107 permits a public entity, when a dispute exists, to withhold from final payment an amount not exceeding 150% of the disputed amount. The proposed resolution authorizes acceptance and recordation while preserving the City's right to require completion of all remaining work and closeout obligations and to withhold, deduct, or offset amounts permitted by the Contract Documents and applicable law.
Certain financial and legal matters remain unresolved. The City will withhold amounts due under the Contract, as permitted by the Contract Documents and applicable law, for incomplete work, liquidated damages, stop payment notices, and other disputed City costs. Staff may return to the City Council if further action is needed to resolve these matters and release remaining retention.
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 12 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 recordation of the Notice of Completion.
FISCAL AND ADMINISTRATIVE IMPACTS
The original construction contract amount was $30,090,000. The contingency budget for change orders is 10% of the contract amount or $200,000, whichever is greater, per Municipal Code Section 2.68.590B.
The final contract amount, including 76 change orders, was $31,569,159. The total value of change orders was $1,479,159 (4.9%), which consisted primarily of incorporating the Livermore Village Joint 16 Trench, adding the median on South L Street, and adding cooling and humidity control for the elevator room.
The budget for Livermore Village Parking Garage Project DR586003 Project is provided in the 2025- 2030 Capital Improvement Plan. Funding is from 2022 COP Construction Fund 540. The project budget covers construction, change orders, design, construction management, materials testing, inspection, and administration. No additional appropriations are required at this time.
Annual operations and maintenance costs for the new garage are estimated at $130,000 per year for routine operation and servicing. Annual replacement costs for major equipment and facility components are estimated at $160,000 per year, for a total estimated annual cost of $290,000. These costs will be funded through the operating budget using Facilities Rehabilitation Program Fees (Fund 740). For the joint utility trench improvements incorporated into the Project, PG&E will maintain the transformers and meters. Separate from the estimated costs to operate and maintain the garage, the annual cost to maintain the City-owned panels and secondary services serving City facilities is estimated at $2,000 per year.
COMMUNITY PILLAR
4: Inclusive & Inviting Spaces and Places
ATTACHMENTS
1. Location Map
2. Resolution
3. Exhibit A - Notice of Completion
Prepared by: Dennis Aberion
Construction Inspection Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Dustin Claussen
Administrative Services Director
17 18
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING ACCEPTANCE FOR PERMANENT MAINTENANCE,
RELEASE OF SECURITY, AND EXECUTION OF A NOTICE OF COMPLETION Livermore Village Parking Garage Construction, Phase 2
Project DR586003
The City Engineer of the City of Livermore has filed with the City Clerk their report in writing that all work on the Livermore Village Parking Garage Construction, Phase 2, Project No. DR586003 (“Project”), has been completed in substantial compliance with the plans, specifications, and contract documents, except for any minor punch-list items and close-out submittals 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 Livermore Village Parking Garage Construction, Phase 2 as completed in accordance with the plans, specifications and contract documents, except for any minor punch-list items and close-out submittals 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 recordation of the Notice of Completion, 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.
19 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 October 12, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Kimberly D. Cilley
Olivia Nashed Kimberly Cilley
City Clerk City Attorney
Exhibit A – Notice of Completion
20 City of Livermore
4LIV0680-090195
NOTICE OF COMPLETION
CONTRACT ADMINISTRATION FORMS
DOCUMENT 00680 - PAGE 1
NOTICE OF COMPLETION
City's Project No. DR586003
Date: October 13, 2026
Project: Livermore Village Parking Garage Construction, Phase 2 Contractor: Zovich Construction
Contract For Construction of: Livermore Village Parking Garage Construction, Phase 2 Project Shall Include: All work as set forth in the Contract For Construction of the Livermore Village Parking Garage Construction, Phase 2, as awarded by the City of Livermore pursuant to the Contract Documents for Public Works Project No. 586003, located at 1052 S. Livermore Ave., Livermore, CA 94550.
Contract Date: November 29, 2022
The work performed under the aforementioned Contract For Construction was inspected by authorized representatives of the City, Contractor, and Engineer, and determined to be substantially complete on 12/24/2025.
Certain punch list items were not completed within the specified period per Section 5.2 of the Contract For Construction and certain final submittals under Specification Section 017700, Project Closeout, remain outstanding.
Despite the foregoing, upon recordation of this Notice of Completion, the City elects to accept the Project in accordance with Section 16.1.4 of the General Conditions to the Contract For Construction and withhold monies as allowed by the California Public Contract Code, Section 7107, including up to 150 percent of the disputed amount between the City and Contractor from Final Payment/Retention.
ENGINEERING DIVISION
Engineer
By
Dennis Aberion, Const Insp Manager
Nature of interest of City: Fee.
I certify (declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Owner: FOR THE CITY OF LIVERMORE
City of Livermore
1052 S. Livermore Ave. By
Livermore, CA 94550 Marianna A. Burch, City Manager Date
EXHIBIT A
21 CITY COUNCIL STAFF REPORT ITEM NO. 6.3
DATE: October 12, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing acceptance for permanent maintenance, release of security, and execution of Notice of Completion for the Storm Drain Trash Capture Project SD202425
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 Storm Drain Trash Capture Project SD202425.
SUMMARY
On July 28, 2025, City Council awarded a construction contract for the Storm Drain Trash Capture Project SD202425 to Marinship Development Interest, LLC. The contract was substantially complete on May 26, 2026, and reached final completion on July 2, 2026. The contract can now be accepted for permanent maintenance. The process to release the contractor's bonds can begin.
DISCUSSION
The City of Livermore (City) was required, under its Regional Water Quality Control Board permit, to achieve 100% trash reduction by 2025. To assist in meeting this requirement, the Storm Drain Trash Capture Project SD202425 (Project) installed 8 large-scale full trash capture devices and 66 small trash capture devices at the locations shown in Attachment 1. The work also included rerouting affected sewer and water lines and restoring or modifying pavement and curbs to accommodate the new devices. The Project was completed in accordance with the contract documents in a manner acceptable to the City Engineer.
At the time of award, the contractor provided a faithful performance bond guaranteeing completion of the Project, and that bond must now be released. Six months after the date of the resolution accepting the Project, the labor and materials bond guaranteeing the improvements should be reduced to an amount equal to any claims filed and of which notice has been given. The balance of the bond will be released upon the settlement of all claims and obligations for which the security was given (there are no known claims at this time). The security for the guarantee and warranty of the work shall remain in effect for one year from the date of recordation of the Notice of Completion. 22 FISCAL AND ADMINISTRATIVE IMPACTS
The original construction contract amount was $4,493,313. The contingency budget for change orders is 10% of the amount or $200,000, whichever is greater, per Municipal Code 2.68.590B. The final contract amount, including 2 change orders, was $4,567,128. The total value of change orders was $73,815 (1.6%), which consisted primarily of purchasing new access vault lids that were omitted from a vendor’s original contract. Funding for this project is included in the project budget for Storm Drain Trash Capture Project SD202425 in the FY 2025-2030 Capital Improvement Plan and no additional appropriations are needed. The project is funded with CIP Reserves - Storm (Fund 101), State Grant - Storm (Fund 611), Storm Drain (Fund 612), and South Livermore Specific Plan & AD Closeout (Fund 583). This project will increase operation and maintenance costs by $12,000 annually as the devices must be serviced twice a year. O&M costs will be funded with Storm Drain (Fund 612).
COMMUNITY PILLAR
5: A City that Works
ATTACHMENTS
1. Location Map
2. Resolution
3. Exhibit A - Notice of Completion
Prepared by: Joe Kuderca
Engineering Specialist
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Dustin Claussen
Administrative Services Director
23 Site Map - Storm Drain Trash Capture 202425
This map is based on City of Livermore GIS Information and reflects the most current information at the time of this printing. The map is intended for reference purposes only and the City and its staff is not responsible for errors or omissions. 48,843 Livermore IT, GIS Services
8,140.5
1: NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 0 8,140.5 Feet Notes 4,070.27
24 1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING ACCEPTANCE FOR PERMANENT MAINTENANCE,
RELEASE OF SECURITY, AND EXECUTION OF A NOTICE OF COMPLETION (Storm Drain Trash Capture Project SD202425)
The City Engineer of the City of Livermore has filed with the City Clerk their report in writing that all work on the Storm Drain Trash Capture Project SD202425 (“Project”), has been completed in substantial compliance with the plans, specifications, and contract documents. 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 Storm Drain Trash Capture as completed in accordance with the plans, specifications and contract documents;
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.
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. 25 2 RESOLUTION NO. ________
On motion of Council Member _______________________, seconded by Council Member _______________, the foregoing resolution was passed and adopted on October 12, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Kimberly D. Cilley
Olivia Nashed Kimberly Cilley
City Clerk City Attorney
Exhibit A – Notice of Completion
26 City of Livermore
4LIV0680-090195
NOTICE OF COMPLETION
CONTRACT ADMINISTRATION FORMS
DOCUMENT 00680 - PAGE 1
NOTICE OF COMPLETION
City's Project No. SD202425 Date: October 13, 2026
Project: Storm Drain Trash Capture Project
Contractor: Marinship Development Interest, LLC
Contract For Construction of: Storm Drain Trash Capture Project Project or Specified Part Shall Include: All that work as set forth in the Bid Schedule(s) of the Bid Forms, as awarded by the City of Livermore pursuant to the Contract Documents for Public Works Project No. SD202425 Document located at: 1052 S. Livermore Ave., Livermore, CA 94550 Contract Date: July 28, 2025 The work performed under this contract was inspected by authorized representatives of the City, Contractor, and Engineer, and determined to be substantially complete on 5/26/26. The project reached Final Completion on 7/02/26 which is within the number of working days required per Section 5.2 of the contract. The City elects to accept the Project and will record the Notice of Completion
ENGINEERING DIVISION
Engineer
By
Dennis Aberion, Const Insp Manager
The City accepts the project or specified area of the project to have reached final completion and will assume full possession of the Project or specified area of the Project at 8:00 am, on 10/13/26. The responsibility for heat, utilities, security, and insurance under the Contract Documents will be assumed by the City after that date. Nature of interest of owner: Fee.
I certify (declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Owner: FOR THE CITY OF LIVERMORE
City of Livermore
1052 S. Livermore Ave. By
Livermore, CA 94550 Marianna A. Burch, City Manager Date
EXHIBIT A
27