Agenda packet — Pleasanton City Council, July 16, 2024 (part 2 of 7)

Application :: Page 14 of 18
Phase 3 - Data Collection:

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives.

Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.

Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.

Collect, analyze and report statistical data relating to the grant goals and objectives.

Phase 3 - Data Collection Addendum:

Budget
Personnel Costs
Hourly Rates - When requesting hours for personnel, enter them as straight time or overtime (for Enforcement Overtime, please use section below) and include the amount of hours that they will spend on grant operations.

Example: Personnel getting paid 100% by the grant working a full year at $41.00 per hour would be entered as Straight time, 2080 Units, $41.00 Unit cost or Rate, and 100% Percent Paid by Grant. This gives a total of $85,280.00 for the year.

Benefits – If requesting benefits for personnel, enter all benefits as a separate line item for each. Start the Item Name with the word 'Benefits', enter the corresponding straight time or overtime total amount in the Unit Cost or Rate, and enter the Benefits Rate to have the system calculate Benefit Costs. (Unit Cost) X (Benefits Rate) = Benefit Costs. To properly relate benefits to the correct personnel line item use the Display Order field, for example use 100.0 for Display Order for the personnel line item and 100.1 for Display Order for the associated Benefits.

Display
Order
Cost
Category
Item
Name
Position
Type
Benefit
Rate
Unit Cost or
Rate Units Percent Paidby Grant
Calculated Cost
to Grant
100.0 A. Personnel
Costs
DUI
Officer
Straight
time $133.12 200 100.00% $26,624.00
100.1 A. Personnel
Costs Officer Straighttime $133.12 100 100.00% $13,312.00 100.2 A. Personnel
Costs Officer Straighttime $133.12 50 100.00% $6,656.00 100.3 A. Personnel
Costs Officer Straighttime $133.12 50 100.00% $6,656.00 100.4 A. Personnel
Costs Officer Straighttime $133.12 90 100.00% $11,980.80 100.5 A. Personnel
Costs Officer Straighttime $133.12 20 100.00% $2,662.40 100.6 A. Personnel
Costs Officer Straighttime $133.12 100 100.00% $13,312.00

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Application :: Page 15 of 18
Display
Order
Cost
Category
Enforcement
Activity
Item
Name
Unit Cost or
Rate Units Calculated Cost toGrant
Personnel Costs: $81,203.20
Travel Expenses
Display Order Cost Category Item Name Unit Cost or Rate Units Calculated Cost to Grant 200.0 B. Travel Expenses In State Travel $3,000.00 1 $3,000.00 Travel Expenses: $3,000.00
Contractual Services
Do not include brand names or names of specific organizations.

Display Order Cost Category Item Name Unit Cost or Rate Units Calculated Cost to Grant Contractual Services: $0.00
Equipment (must have Unit Cost of at least $5,000)
Do not include brand names or names of specific organizations.

Please include an equipment quote in the Upload Documents Tab.

NOTE : When creating a new "Equipment" budget item, the Standard Language Item drop down list may not be available. When this is the case, complete only the required fields and save the budget item. Once saved, select the Edit button (pencil icon); the Standard Language Item drop down list will be available for selection. Alternatively, if not requesting a Standard Language Item, please utilize the Custom Narrative field to enter an appropriate narrative.

Display
Order
Cost
Category Item Name Unit Cost orRate Units Calculated Cost toGrant 400.0 D.

Equipment
Changeable Message Sign Trailer with
Radar $49,809.70 1 $49,809.70
Equipment: $49,809.70
Other Direct Costs (must have Unit Cost of less than $5,000, including tax and shipping) Do not include brand names or names of specific organizations.

NOTE : When creating a new "Other Direct Cost" budget item, the Standard Language Item drop down list may not be available. When this is the case, complete only the required fields and save the budget item. Once saved, select the Edit button (pencil icon); the Standard Language Item drop down list will be available for selection. Alternatively, if not requesting a Standard Language Item, please utilize the Custom Narrative field to enter an appropriate narrative.

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Application :: Page 16 of 18
Display Order Cost Category Item Name Unit Cost or Rate Units Calculated Cost to Grant 500.3 E. Other Direct Costs PAS device $638.69 10 $6,386.90 Other Direct Costs: $6,386.90
Indirect Costs
Item Name should indicate the % and the Cost Category for Indirect Costs e.g. 15% of Salaries and Benefits. Use the Percent Paid by Grant for the Indirect Rate and the Unit Cost or Rate field to indicate the total amount for which Indirect Costs will be claimed. The system will calculate the Cost to Grant.

Indirect Cost Rate must be supported by a federally approved indirect cost rate letter and uploaded to the application.

Display Order Cost Category Item Name Indirect Rate Amount Subject to Indirect Calculated Cost to Grant Indirect Costs: $0.00
Total Requested Funding: $140,399.80
Narrative Review
Review and update Narrative for Budget Items

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Application :: Page 17 of 18
Cost
Category Item Narrative Custom Narrative
A.

Personnel
Costs
DUI Officer
Hours for officer dedicated strictly to DUI Enforcement. Hours may include wages or authorized absences, such as annual leave and sick leave, provided they are accrued during the grant term.

Personnel
Costs
Officer
Non-overtime hours for law enforcement operations conducted by appropriate department personnel. Hours may include wages or authorized absences, such as annual leave and sick leave, provided they are accrued during the grant term.

B. Travel
Expenses
In State
Travel
Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include (enter other known conferences or required events). All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

Equipment
Changeable
Message
Sign Trailer
with Radar
Fully equipped changeable message sign trailer(s) with a radar device and digital display that is portable and fully programmable and will determine and display the speed of vehicles or post traffic safety information and messages during OTS funded operations.

E. Other
Direct
Costs
PAS device
Preliminary alcohol
screening device to
detect the presence
of alcohol in a
person's breath and
calibration supplies
to ensure accuracy.

Costs may include
mouth pieces, gas,
and accessories.

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Application :: Page 18 of 18
Upload Documents (Optional)
Please try to include all information in the application itself, but if necessary, upload additional documents here
Document Name Update Date/Time
Application Report 2024-01-31 00:24:01.pdf 1/30/2024 4:24 PM PAS quote.pdf 1/24/2024 3:04 PM
PEBT quote x6units.pdf 1/23/2024 9:22 AM
TRAILER QUOTE.pdf 1/23/2024 9:21 AM
Evaluation, Support, and Submittal
Evaluation, Support, and Submittal
Method of Evaluation:

Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

Administrative Support:

This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

Total Requested Funding:
$140,399.80

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ATTACHMENT 2
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON

AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY’S SELECTIVE TRAFFIC ENFORCEMENT PROGRAM IN THE AMOUNT OF $140,400
WHEREAS, the State of California Office of Traffic Safety (OTS) is administering the 2025 Selective Traffic Enforcement Program (STEP) that offers grant funds to reimburse law enforcement agencies for overtime expenditures specifically directed towards traffic safety; and WHEREAS, the City of Pleasanton is seeking $140,400 from the OTS STEP grant to conduct Driving Under the Influence saturation patrols, traffic enforcement operations, distracted driving enforcement, motorcycle safety programs, pedestrian and bicycle safety programs, and public education on an overtime basis between October 1, 2024, and September 30, 2025; and WHEREAS, best practice strategies will be conducted to reduce the number of persons killed and injured in traffic collisions involving impairment and other primary collision factors; and WHEREAS, the City of Pleasanton procedures require the City Council’s approval for all grant applications and funding agreements.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE, AND ORDER THE FOLLOWING:

SECTION 1: Approves the filing of an application with the OTS STEP grant.

SECTION 2: Authorizes the City Manager, or designee, to execute all necessary documents required by the OTS STEP grant program.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on July 16, 2024.

I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 16th day of July 2024, by the following vote:

Ayes: Councilmembers
Noes:

Absent:

Abstain:
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
______________________________
Daniel Sodergren, City Attorney

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Item #10

CITY COUNCIL AGENDA REPORT
July 16, 2024
Police
TITLE: ADOPT A RESOLUTION AUTHORIZING APPLICATION TO THE U.S.

DEPARTMENT OF JUSTICE'S OFFICE OF JUSTICE PROGRAMS' BUREAU OF

JUSTICE ASSISTANCE'S PATRICK LEAHY BULLETPROOF VEST
PARTNERSHIP GRANT IN AN AMOUNT UP TO $40,000

SUMMARY
The U.S. Department of Justice’s Office of Justice Program’s Bureau of Justice Assistance (BJA) sponsors several grant programs to address chronic and emerging criminal justice challenges nationwide. Staff recommends the City Council provide authorization to apply for the BJA’s Patrick Leahy Bulletproof Vest Partnership (BVP) grant program to support the purchase of bulletproof vests for law enforcement officers. Awarded funds would be available retroactively from April 1, 2024, through August 31, 2026.

RECOMMENDATION
Adopt a resolution to authorize the submittal of an application for the U.S. Department of Justice’s Office of Justice Programs’ Bureau of Justice Assistance’s Patrick Leahy Bulletproof Vest Partnership (BVP) for up to $40,000 and authorize the City Manager to execute all documents, and appropriate funds in the Operations Grant Fund in FY 2024/25 and the FY26 - FY27 biennial budget.

BACKGROUND
The Bulletproof Vest Partnership is designed to provide critical resources to state and local law enforcement agencies. Since 1999, the U.S. Department of Justice’s Office of Justice Program's Bureau of Justice Assistance’s BVP has supported 13,000 law enforcement agencies to purchase bulletproof vests. Bulletproof vests have been attributed to saving the lives of over 300 law enforcement officers since 2015 and are considered an essential piece of Personal Protective Equipment (PPE). By statute, BVP prioritizes small jurisdictions with fewer than 100,000 residents for funding. The BVP grant provides up to 50 percent of the cost of bulletproof vests for law enforcement officers.

DISCUSSION
The City follows bulletproof vest manufacturers' recommendations and replaces bulletproof vests every five years. The City anticipates needing to replace and purchase 39 bulletproof vests for law enforcement officers between April 1, 2024, and August 31, 2026. The approximate cost of a single bulletproof vest is $1,375. The BVP grant will be used to assist the City with up to 50 percent of these purchases.

EQUITY AND SUSTAINABILITY
As a full-service municipality, the City provides a wide range of services and programs inclusive of policing to meet the needs of all members of the community.

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OUTREACH
No outreach was conducted, as this item is a routine matter of City business.

STRATEGIC PLAN ALIGNMENT
This action is aligned with the ONE Pleasanton Strategic Plan goals of Funding Our Future, which supports financial health and sound fiscal policies through cost recovery and increased revenue, and Safeguarding Our City, which prioritizes community safety.

FISCAL IMPACT
The approximate cost of purchasing 39 bulletproof vests is $53,600. Funds for these purchases are allocated to the General Fund budget. The BVP grant will provide funding to supplant the City’s expenditures for bulletproof vests and reimburse the City for up to 50 percent of the costs. This grant will only be used to fund the purchase and replacement of bulletproof vests. Awarded grants will be appropriated to the Operations Grant Fund in FY 2024/25, and as part of the biennial FY26 - FY27 budget.

Prepared by: Submitted by: Approved by:

Heather DeQuincy,
Management Analyst
Gina Anderson, Interim Police Chief Gerry Beaudin, City Manager
Attachments:

1. Resolution - Bulletproof Vest Partnernship Grant

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ATTACHMENT 1
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE U.S. DEPARTMENT OF JUSTICE’S OFFICE OF JUSTICE PROGRAMS’ BUREAU OF JUSTICE ASSISTANCE’S PATRICK LEAHY BULLETPROOF VEST PARTNERSHIP IN AN AMOUNT UP TO $40,000
WHEREAS, the U.S. Department of Justice’s Office of Justice Program’s Bureau of Justice Assistance (BJA) is administering the Patrick Leahy Bulletproof Vest Partnership (BVP) that offers grant funds to reimburse law enforcement agencies for up to 50% of the cost of bulletproof vest expenditures for law enforcement officers; and WHEREAS, the City of Pleasanton is seeking up to $40,000 from the BJA BVP grant to support the purchase of 39 bulletproof vests between April 1, 2024, and August 31, 2026; and WHEREAS, bulletproof vests have been attributed to saving the lives of over 300 law enforcement officers since 2015; and
WHEREAS, the City of Pleasanton procedures require the City Council’s approval for all grant applications and funding agreements.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE, AND ORDER THE FOLLOWING:

SECTION 1: Approves the filing of an application with the BJA BVP grant; and SECTION 2: Authorizes the City Manager, or designee, to execute all necessary documents required by the BJA BVP grant program;
PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on July 16, 2024.

Ayes: Councilmembers
Noes:

Absent:

Abstain:
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
______________________________
Daniel Sodergren, City Attorney

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Item #11

CITY COUNCIL AGENDA REPORT
July 16, 2024
Public Works - Engineering Division
TITLE: ADOPT A RESOLUTION OF SUMMARY VACATION FOR PUBLIC SERVICE EASEMENT AT 4035 EQUUS COURT (TRACT 6275 LOT 6)

SUMMARY
In 1991, the subdivider of Tract 6275 dedicated public easements within the Equus Heights residential subdivision, including easements that encumber the property at 4035 Equus Court (Tract 6275 Lot 6), which is currently owned by 1400 Foothill LLC. 1400 Foothill LLC has developed plans to construct the required infrastructure within Tract 6275 so homes can be built on the vacant lots. While the proposed home for Lot 6 conflicts with a Public Service Easement (PSE) granted to the City, for Tract 6275 the utility networks have been designed such that the PSE across Lot 6 can be vacated in favor of a replacement PSE that avoids a conflict with the planned home. Therefore, if the City Council adopts the proposed resolution, the originally granted 20-foot-wide PSE will be replaced with a 10-foot-wide PSE in the same general location.

The City sent formal notices to utility purveyors asking whether they would object to the vacation process. No objections were received. The owner of Tract 6275 is now ready to move forward with the construction of subdivision improvements, subject to the City’s processing of the easement vacation. Staff is recommending the City Council adopt a resolution of summary vacation for the PSE at 4035 Equus Court.

RECOMMENDATION
Adopt a resolution of Summary Vacation for Public Service Easement at 4035 Equus Court (Tract 6275 Lot 6) based on the following recommendations:

1. The City Council is asked to summarily vacate a public service easement having found that the easement will be superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement (§8333(c)).

2. The City Council may vacate a street, highway, or public service easement by adopting a Resolution of Summary Vacation (§8335(a)(1)).

3. The Resolution of Summary Vacation must state the following (§8335(b)):
a. That the vacation is made under this chapter.
b. That the vacation area is precisely described.
c. That the facts under which this summary vacation is made are as stated in this report.
d. That from and after the date this Resolution of Summary Vacation is recorded with the Alameda County Recorder’s Office, the street, highway, or public service easement vacated no longer constitutes a street, highway, or public service easement.
e. That notice of the Resolution of Summary Vacation has been provided to all

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entities having any right, title, or interest in the public service easement.

BACKGROUND
On February 21, 1989, the City Council adopted Resolution No. 89-89 certifying an environmental impact report for Case PUD-87-19, “Equus Heights” an irregularly-shaped

50.36-acre property west of Foothill Road opposite Foothill High School.

On March 7, 1989, the City Council adopted Ordinance No. 1399 (PUD-87-19), that rezoned the Equus Heights property from “A” (Agricultural) to the PUD – Low Density Residential and Rural Density Residential District.

On December 12, 1990, the Planning Commission adopted Resolution PC 90-116, approving Tentative Tract Map 6275. This allowed subdivision of the approximately 50.36-acre property into 22 single-family residential lots by the property owners Dr. and Mrs. William Yee.

On December 10, 1991, the City Council approved improvement plans, a final map and a Subdivision Agreement for Tract 6275, Equus Heights, Phase I. Said final map created only six of the allowed 22 single-family residential lots on the southern portion of the property. The final map was subsequently recorded on December 31, 1991 (Book 199 of Maps at Pages 51 through 54).

On December 1, 1992, the City Council approved an extension of the Subdivision Agreement for Tract 6275, Equus Heights, Phase I.

On March 25, 1998, the Planning Commission adopted Resolution Nos. PC-98-20 and PC-98- 21, approving a modified Planned Unit Development (PUD-98-01) plan for the six lots originally approved as PUD-87-19, Equus Heights. This modification relocated the entrance road north to align with what was known as “Fuller Road” and eliminated the open space parcels. The application was submitted by Dong Yu Real Estate Development (successor to Yee) and included Tentative Tract Map 7030.

On May 19, 1998, the City Council adopted Resolution No. 98-68, approving a draft negative declaration under CEQA, making the PUD development plan findings for PUD-98-01, Equus Heights.

On June 2, 1998, the City Council adopted Ordinance No. 1747, which approved PUD-98-01.

On June 28, 2000, the Planning Commission adopted a motion recommending that Dong Yu Real Estate Development’s request for an approval extension for PUD-98-01-1M be denied and that the City Council consider reverting the original six-lot subdivision to acreage.

On July 12, 2000, the Planning Commission again considered Dong Yu Real Estate Development’s request for an approval extension and adopted a motion to continue PUD-98- 01-1M, Tract Map 7030 (Equus Heights), indefinitely. The final map for Tract 7030 was neither processed nor recorded.

In 2022, the property was purchased by 1400 Foothill LLC. The new owner has been pursuing subdivision improvements according to the original Ordinance No. 1399 (PUD-87-19) and

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Tract 6275 approval.

On March 11, 2024, the Zoning Administrator approved PUD-87-19-5M, Minor Modification, which modified the approved location and size of house pads for the six originally subdivided single-family residential lots.

DISCUSSION
PSEs are easements used by various utility purveyors to place vaults, conduits, and related equipment needed to serve residential neighborhoods with electricity, gas, water, sewer, and telecommunication infrastructure. The City Council, as a legislative body, has been granted the authority to summarily vacate public easements that are no longer needed or relevant, provided the regulatory process prescribed by the California Streets and Highways Code §8330 et seq. is followed. This process requires that the City formally notify those who benefit from the easement. The beneficiaries of the PSE are those purveyors who operate utility networks in Pleasanton (PG&E, AT&T, Comcast, and others). If the easement is replaced in a similar or equivalent configuration, then this is disclosed in the notice, and a simplified “summary” vacation process is allowed by state law. The easement beneficiaries have the right to protest the planned vacation. The City sent formal notices to utility purveyors asking whether they would object to the vacation process; no objections were received.

The public service easement dedicated on the final map for Tract 6275 across the property at 4035 Equus Court requires vacation and replacement with a similar easement to accommodate the construction of a single-family home. Adoption of a Resolution of Summary Vacation for Public Service Easement (Attachment 1), approval of the Quitclaim Deed of Public Service Easement (Attachment 2) together with the City Manager’s acceptance of the Grant of Public Service Easement (Attachment 3) across 4035 Equus Court would effectuate the easement adjustments without adverse impact to the City’s rights or obligations.

EQUITY AND SUSTAINABILITY
Not applicable, as this item is an administrative matter of City business.

OUTREACH
Notification letters were sent to easement beneficiaries as required by California Streets and Highways Code §8335(b)(5). No easement beneficiary submitted an objection to the proposed vacation.

STRATEGIC PLAN ALIGNMENT
Not applicable, as this item is an administrative matter of City business.

FISCAL IMPACT
There is no fiscal impact associated with this action.

Prepared by: Submitted by: Approved by:

Tommy Nguyen, Associate Siew-Chin Yeong, Director of Public Gerry Beaudin, City

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Engineer Works Manager
Attachments:

1. Resolution of Summary Vacation for Public Service Easement

2. Quitclaim Deed of Public Service Easement across 4035 Equus Court

3. Grant Deed - Public Service Easement across 4035 Equus Court

4. Vicinity Map

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ATTACHMENT 1

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RESOLUTION NO. 2024-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON FOR SUMMARY VACATION OF PUBLIC SERVICE EASEMENT AT 4035 EQUUS COURT (TRACT 6275 LOT 6)
WHEREAS, on February 21, 1989, the City Council adopted Resolution No. 89-89 certifying an environmental impact report for Case PUD-87-19, “Equus Heights” an irregularlyshaped 50.36-acre property west of Foothill Road opposite Foothill High School; and WHEREAS, on March 7, 1989, the City Council adopted Ordinance No. 1399 (PUD-87- 19), that rezoned the Equus Heights property from “A” (Agricultural) to the PUD – Low Density Residential and Rural Density Residential District; and WHEREAS, on December 12, 1990, the Planning Commission adopted Resolution PC 90-116, approving Tentative Tract Map 6275. This allowed subdivision of the approximately

50.36-acre property into 22 single-family residential lots by the property owners Dr. and Mrs.

William Yee; and
WHEREAS, on December 10, 1991, the City Council approved improvement plans, a final map and a Subdivision Agreement for Tract 6275, Equus Heights, Phase I. Said final map created only six of the allowed 22 single-family residential lots on the southern portion of the property.

The final map was subsequently recorded on December 31, 1991 (Book 199 of Maps at Pages 51 through 54); and
WHEREAS, the final map for Tract 6275 granted public service easements to the City of Pleasanton including a public service easement that encumbers Lot 6; and WHEREAS, Lot 6 was purchased by 1400 Foothill LLC who has asked the City to vacate the public service easement in exchange for granting a replacement public service easement in the same general location that accommodates construction of a home on the lot; and WHEREAS, local utility purveyors who benefit from public service easements held by the City were sent formal notices about the proposed vacation asking whether they would object. No objections were submitted, and the City confirmed that no public utilities current reside within the vacation area; and
WHEREAS, the City Council, as legislative body, has been granted the authority to summarily vacate public easements that are no longer needed or relevant according to the regulatory procedure prescribed by §8330 et seq. of the California Streets and Highways Code provided a suitable replacement easement is granted.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:

SECTION 1. This Resolution of Summary Vacation for Public Service Easement at 4035 Equus Court (Lot 6 of Tract 6275) is hereby adopted based on the following:

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• The summary vacation of Public Service Easement is made under California Streets and Highways Code §8330 et seq.
• The Public Service Easement to be summarily vacated was granted across Lot 6 of Tract Map 6275 (Book 199 of Maps at Pages 51 through 54) as accepted by the City Clerk and as described in detail in the Quitclaim of Public Service Easement across 4035 Equus Court to be recorded together with this Resolution. • A replacement Public Service Easement will be granted by 1400 Foothill LLC in the same general location.
• This Resolution is prima facie evidence that the Public Service Easement is determined to be excess.
• That from and after the date this Resolution is recorded, the vacated Public Service Easement no longer constitutes a street, highway, or public service easement. • That all entities having any right, title, or interest in the Public Service Easement being vacated have been notified of this action.

SECTION 2. The City Manager shall execute the Quitclaim of Public Service Easement across 4035 Equus Court as authorized by this Resolution.

SECTION 3. The City Clerk shall cause a certified copy of this Resolution, as attested under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the Alameda County Recorder together with the fully executed Quitclaim of Public Service Easement across 4035 Equus Court.

SECTION 4. The City Manager shall accept the replacement Public Service Easement according to the authority granted by City Council Resolution No. 89-31.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on July 16, 2024.

Ayes:

Noes:

Absent:

Abstain:
__________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
_________________________________
Daniel G. Sodergren, City Attorney

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RECORDING REQUESTED BY:

City of Pleasanton
AND WHEN RECORDED MAIL TO:

City of Pleasanton
Attention: City Clerk
P.O. Box 520
Pleasanton, CA 94566
Space Above This Line For Recorder’s Use Only
Recording requested pursuant to
APN 941-2101-7 Government Code Sections §27383 & §6103 (No Fee) Revenue & Taxation Code §11922 (Government Agency)

QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, receipt and adequacy of which are hereby acknowledged, the CITY OF PLEASANTON, a municipal corporation (“City”), pursuant to Resolution No. 2024-______ adopted by the Pleasanton City Council on July 16, 2024, hereby RELEASE, REMISE, AND QUITCLAIM to:
1400 FOOTHILL LLC, PROPERTY OWNER AT LOT 6 OF TRACT 6275 (BOOK 199 OF MAPS AT PAGES 51 THROUGH 54) COMMONLY KNOWN AS 4035 EQUUS COURT Any and all right, title, and interest City may have in and to the

PUBLIC SERVICE EASEMENT
as described in Exhibit A and as depicted on Exhibit B, attached hereto and made a part hereof.

Executed as of this ___________ day of ______________________, 2024.

City of Pleasanton
_________________________________
Gerry Beaudin, City Manager
Approved as to Form:
__________________________________
Daniel G. Sodergren, City Attorney
Attest:
____________________________________
Jocelyn Kwong, City Clerk

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NOTARY ACKNOWLEDGMENT ATTACHED

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Job No. 22133
January 05, 2024
EXHIBIT “A”

LEGAL DESCRIPTION
QUIT CLAIM PUBLIC SERVICE EASEMENT – LOT 6
All that certain real property situated in the City of Pleasanton, County of Alameda, State of California, described as follows:

Being a portion of Lot 6, as said Lot is shown on the Final Map of Tract 6275, filed December 31, 1991, in Book 199 of Maps, Pages 51 through 54, inclusive, Alameda County Records, further described as follows:

BEGINNING at the Eastern corner of said Lot 6; North 52°00’37” West, 20.38 feet; THENCE South 49°07’13” West, 87.86 feet;
THENCE North 37°49’31” West, 12.57 feet;
THENCE along a curve to the right, having a radius of 15.00 feet, whose center bears South 52° 10 29" West, through a central angle of 90°00’00” for an arc length of 23.56 feet; THENCE North 37°49’31” West, 20.00 feet;
THENCE North 68° 15' 16" West, 44.99 feet;
THENCE South 20° 20' 55" East, 40.67 feet;
THENCE South 37° 49' 31" East, 60.87 feet;
THENCE along said Southerly line of Lot 6 South 66° 31' 55" East, 10.41 feet; THENCE along the Southeasterly line of Lot 6 North 49°07’13” East, 137.93 feet to the Point of Beginning.

Containing an area of 5,433 square feet of land, more or less.

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RECORDING REQUESTED BY:

City of Pleasanton
AND WHEN RECORDED MAIL TO:

GRANT OF PUBLIC SERVICE EASEMENT (PSE)
1400 FOOTHILL, LLC., a California limited liability company (“Grantor”), does hereby GRANT to the CITY OF PLEASANTON, a municipal corporation (“CITY” or “Grantee”), a perpetual non-exclusive EASEMENT for an easement for public purposes including but not limited to installation, construction, access, and maintenance of all public services facilities above and below the ground surface including poles, wires, conduits, vaults, cabinets, sanitary sewers, storm drains, gas lines, and water lines as well as all those public utilities and appurtenances thereto as subject to regulation under Pleasanton Municipal Code Chapter 13.04. under, over and across that certain real property situated in the City of Pleasanton, County of Alameda, State of California, as more particularly described in Exhibit A and as depicted on Exhibit B, attached hereto and made a part hereof (collectively the “PSE”) on real property commonly known as 4035 Equus Court, Pleasanton.

As consideration for this GRANT of PSE, the City granted an approval on March 7, 1989, for PUD87-19, via Ordinance No. 1399.

Executed as of this ___________ day of ______________________, 2024. 1400 FOOTHILL, LLC., a California limited liability company _________________________________
Signature
__________________________________
Printed Name

ATTACH NOTARY ACKNOWLEDGMENT

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Job No. 22133
January 05, 2024
EXHIBIT “A”

LEGAL DESCRIPTION
NEW PUBLIC SERVICE EASEMENT – LOT 6
All that certain real property situated in the City of Pleasanton, County of Alameda, State of California, described as follows:

BEGINNING at the Northeast corner of said Lot 6; North 52°00’37” West, 10.19 feet; THENCE South 49°07’13” West, 108.85 feet;
THENCE North 55°52’47” West, 22.40 feet;
THENCE South 33°59’05” West, 18.25 feet;
THENCE South 55°52’47” East, 6.66 feet;
THENCE along a curve to the right, having a radius of 50.00 feet, whose center bears South 34° 07' 13" West, through a central angle of 15°00’00” for an arc length of 13.09 feet; THENCE South 40°52’47” East, 7.49 feet
THENCE along the Southerly line of said Lot 6 North 49°07’13” East, 130.80 feet to the Point of Beginning.

Containing an area of 1,665 square feet of land, more or less.

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CERTIFICATE OF ACCEPTANCE

OF PUBLIC EASEMENT

This is to certify that the interest in real property conveyed by the PUBLIC SERVICE EASEMENT, dated ______________________, 2024 from 1400 FOOTHILL LLC, a California limited liability company, to the CITY OF PLEASANTON, a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No. 89-31 of the City Council adopted on January 17, 1989 and the grantee consents to recordation thereof by its duly authorized officer.

Dated: ________________________, 2024 CITY OF PLEASANTON a municipal corporation
By: ____________________________
Gerry Beaudin, City Manager

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Attachment 4
Vicinity Map
4019 Equus Court
4035 Equus Court
Parcel E
Replacement PSE
PSE to be Vacated
4003 Equus Court
4002 Equus Court
4034 Equus Court
4018 Equus Court
N

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Item #12

CITY COUNCIL AGENDA REPORT
July 16, 2024
Public Works - Engineering Division
TITLE: APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH SEQUOIA ECOLOGICAL CONSULTING, INC. IN THE AMOUNT OF $137,834 TO PREPARE

ENVIRONMENTAL DOCUMENTS, ESTABLISHING A NEW PROJECT,
AUGUSTIN BERNAL FUEL MANAGEMENT CIP NO. 25783, AND BUDGET

AMENDMENTS IN THE MISCELLANEOUS CAPITAL IMPROVEMENT PROGRAM

GRANTS FUND

SUMMARY
In early 2023, staff identified a grant opportunity and coordinated with Livermore-Pleasanton Fire Department (LPFD) to apply for a grant to reduce fuel in an approximately 125-acre area in and around Augustin Bernal Community Park. On May 16, 2023, the City Council adopted a resolution acknowledging the submission of a grant application to fund fuel reduction in Augustin Bernal Community Park and certified the availability of funds to implement the reimbursement grant. On January 17, 2024, the City was awarded $1,048,900.

This fuel management project will target 125 acres within and around the park and provide fire breaks and vegetation removal to protect structures and access routes and improve the parks and surrounding areas’ resiliency to fire. The fuel management work requires the City to obtain the necessary environmental approvals prior to work being performed. In March, City and LPFD staff advertised a Request for Qualifications (RFQ) for a CEQA-compliant vegetation treatment program for Augustin Bernal Community Park. Based on the evaluation criteria in the RFQ, Sequoia Ecological Consulting, Inc. (Sequoia) was selected as the most qualified bidder.

Staff recommends the approval of a professional services agreement with Sequoia for $137,834 to prepare the environmental documents required for this project. The term of the agreement is from August 2024 through December 31, 2025.

Staff also recommends the City Council authorize the Director of Public Works to execute amendments for a not-to-exceed amount of $14,000. The costs for the project are fully funded by a reimbursable CAL FIRE grant. Preparation of the environmental documents for the project is expected to take approximately 10 months and be completed by early summer 2025.

RECOMMENDATION

1. Approve the professional services agreement with Sequoia Ecological Consulting, Inc. in the amount of $137,834 for the Augustin Bernal Fuel Management project and authorize the City Manager to execute the agreement.

2. Authorize the Director of Public Works to execute amendments to the professional service agreement up to a not-to-exceed amount of $14,000 (approximately a 10 percent increase to the base agreement amount) for additional services if determined to be necessary as the environmental documentation is prepared.

3. Approve establishing a new project, Augustin Bernal Fuel Management Project, CIP

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25783, and budget amendments appropriating $1,048,900 in grant revenue and corresponding $1,048,900 in project expenditure, all in the Miscellaneous Capital Improvement Program Grants Fund.

BACKGROUND
In June 2022, the Canyon Fire burned 71 acres of the Pleasanton Ridge, including a portion of Augustin Bernal Community Park. This prompted an internal discussion between the Livermore-Pleasanton Fire Department (LPFD) and City staff regarding fire management and future fire protection along the City’s western edge. Staff reviewed fuel management funding opportunities and, in early 2023, identified a grant opportunity via the California State Department of Forestry and Fire Protection (CAL FIRE) California Climate Investments Wildfire Prevention Grants Program. In March 2023, the City and LPFD coordinated on an application for the grant to reduce fuel in an approximately 125-acre area in and around Augustin Bernal Community Park.

On May 16, 2023, the City Council adopted a resolution acknowledging the submission of a grant application to fund fuel reduction in Augustin Bernal Community Park and certified the availability of funds to implement the reimbursement grant by March 15, 2029.

On January 17, 2024, the City was awarded a $1,048,900 non-matching grant (i.e., no City funds are required for the project). Upon award notification, staff reached out to CAL FIRE and other surrounding agencies with fuel management experience to determine the appropriate California Environmental Quality Act (CEQA) process for the fuel management project.

DISCUSSION
The Augustin Bernal Fuel Management project, CIP No. 25783, will address fuel-build-up at the 227-acre park and bring the parkland back to a more manageable level so that if a fire occurs in the future, it can be more easily contained with less significant damage.

The project will target 125 acres within and around the park and provide fire breaks and vegetation removal to protect structures and access routes and improve the park’s and surrounding areas’ resiliency to fire. The work is scheduled to occur over a roughly five-year period, with the environmental documentation scheduled for the first year and hand labor, grazing, and mechanical vegetation removal scheduled over the next two to four years until the project goals have been met and the available grant money utilized.

The fuel management work requires the City to obtain the necessary environmental approvals prior to work being performed. In March, the City and LPFD advertised a Request for Qualifications (RFQ) for a CEQA-compliant vegetation treatment program for Augustin Bernal Community Park.

Four environmental firms submitted a Statement of Qualifications (SOQ) for the project prior to the March 28, 2024, submittal deadline. Staff reviewed the SOQs and invited the top two firms for interviews with a panel with representatives from the City and LPFD. The interviewed firms were:

1. Sequoia Ecological Consulting, Inc.

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2. Ascent
Based on the ratings of the SOQ, interviews, and reference checks, staff recommends awarding the contract to Sequoia for $137,834 (Attachment 2) and approving a design contingency of 10 percent, approximately $14,000. The contingency will allow the City to conduct further public outreach, if necessary, and conduct additional environmental surveys or respond to concerns brought up during the environmental planning process.

Sequoia’s professional services are anticipated to include a Project-Specific Analysis (PSA) and Addendum to CAL FIRE’s statewide Vegetation Treatment Program (CalVTP) Program Environmental Impact Report (PEIR), which already addresses approximately half of the projected work area. The PSA and Addendum will include treatment prescriptions and mitigation measures for the proposed fuel management work.

Schedule
Award of contract July 16, 2024
CEQA planning/documentation July 2024 – April 2025
Adopt Project Specific Analysis/Addendum May/June 2025
Fuel management work Fall 2025 to 2029

EQUITY AND SUSTAINABILITY
The fuel management project will improve the Pleasanton Ridge's resiliency in an environmentally responsible way, using mitigation strategies to address environmental concerns.

OUTREACH
Prior to applying for the grant, staff received letters of support for the fuel management project from the surrounding neighbors, including the East Bay Regional Park District, Golden Eagle HOA, and Kilkare HOA. During the environmental and fuel management process, further coordination is planned with the surrounding property owners and the public.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide ONE Pleasanton strategic plan goal of Investing in Our Environment, Strategy 7 – Continue to invest in parks, bicycle and pedestrian infrastructure, and public art to improve traffic safety, promote climate resilience, and increase equitable access to cultural and recreational opportunities.

FISCAL IMPACT
The reimbursable grant will provide 100 percent of the construction and consultant administration costs of the project. The total estimated cost is $1,048,900, including the $137,834 for the proposed professional services agreement with Sequoia. Staff time will be required to oversee and administer the grant and consultants, but is not anticipated to be covered by the grant. The City will be required to provide project funds prior to reimbursement

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by CAL FIRE. Staff recommends establishing a new project, Augustin Bernal Fuel Management Project CIP No. 25783 and appropriating the full grant revenue of $1,048,900 and corresponding $1,048,900 in project expenditures in the Miscellaneious CIP Grants Fund (Fund 162) to fund the design and future construction activities. Funding and anticipated expenditures are detailed in Attachment 1.

Prepared by: Submitted by: Approved by:

Matthew Gruber, Landscape
Architect
Siew-Chin Yeong, Director of Public
Works
Gerry Beaudin, City
Manager
Attachments:

1. Funding and Estimated Expenditure Summary

2. Sequoia Professional Services Agreement

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ATTACHMENT 1
CIP NO. 25783
07/16/24
Project Funding to Date Amount Totals
Funding to be appropriated from Cal Fire Grant

TOTAL FUNDING TO DATE
Project Expenditures to Date
Advertising $768
Total Project Expenditures to Date $768
Anticipated Remaining Project Expenditures
Environmental Services
Sequoia Ecological Consulting, Inc. $137,834
Design Contingency (Approximately 10%) $14,000
Sub-total of Anticipated Project Expenditures 151,834
Construction
Advertising 770
Tools and Equipment 50,000
Construction 700,528
Construction Contingency (Approximately 10%) 70,000
Environmental Oversight 75,000
Sub-total of Anticipated Construction 896,298
Total Anticipated Remaining Project Expenditures $1,048,132

TOTAL PROJECT EXPENDITURES
Funding Balance/ (Shortfall)
Anticipated Balance
Appropriate (Fund 162 Miscellaneous CIP Grants*) $1,048,900 *Funding from CAL Fire Grant of $1,048,900

AUGUSTIN BERNAL FUELS REDUCTION
$0
$1,048,900
$ (1,048,900)

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DESIGN PROFESSIONAL SERVICES AGREEMENT
THIS DESIGN PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into ____________, 2024, between the City of Pleasanton, a municipal corporation ("City"), and Sequoia Ecological Consulting, Inc., whose address is 1342 Creekside Dr, Walnut Creek, CA 94596, and telephone number is (925) 855-5500, ("Consultant").

RECITALS
A. Consultant is qualified and experienced in providing environmental design services for the purposes specified in this Agreement.

B. City finds it necessary and advisable to use the services of Consultant for the purposes provided in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Consultant agree as follows:

1. Consultant's Services. Consultant shall diligently perform the services described in Exhibit A, Scope of Work, attached and incorporated to the extent consistent with this Agreement.

2. City Assistance. In order to assist Consultant in this work, City shall provide, if necessary, documents, equipment, and support available to the City, and access to any sites and any right of entry permits required for the project.

3. Staff. Consultant shall assign Alex Hirth to serve as Project Manager, who may not be replaced without written consent of City.

4. Term. Time is of the essence. Consultant shall begin work by August 2024. The work as described in Exhibit A, Scope of Work, shall be completed by December 31, 2025.

5. Compensation. For the services to be rendered, City shall pay Consultant on an hourly basis, as described more particularly in Exhibit B, which is attached and incorporated to the extent consistent with this Agreement. Payment shall be made on a monthly basis upon receipt and approval of Consultant's invoice. Total compensation for services and reimbursement for costs shall not exceed $137,834 unless the parties agree pursuant to Section 8, below. a. Invoices submitted to City must contain a brief description of work performed, percentage of work completed, percentage of Agreement time used, percentage of Agreement amount expended and City reference number CIP No. 25783. Payment shall be made within thirty (30) days of receipt of Consultant's invoice.
 Exhibits A & B
 Certificate(s) of Insurance
 Professional Liability Insurance
 W-9

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b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.

6. Sufficiency of Consultant's Work.
a. Services shall be performed by Consultant in accordance with generally accepted high professional practices and principles and in a manner consistent with a high level of care and skill ordinarily exercised under similar conditions by members of Consultant’s profession currently practicing in California. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and a high professional standard of care in California. b. Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state, and local laws and regulations, and all other contingencies or design considerations. Data, calculations, opinions, reports, investigations, and other similar information provided by the City relating to site, local, or other conditions is not warranted or guaranteed, either expressly or implied, by the City.
c. Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to the City for acts, errors, or omissions of Consultant’s subconsultants. d. Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by the City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and does not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with high industry standards, or the willful misconduct of Consultant.

7. Ownership of Work. All reports, work data, plans, drawings, specifications, designs, photographs, images, works of authorship and all other documents completed or partially completed by Consultant in the performance of this Agreement (“materials”) shall become the property of City. Consultant agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in the City, and Consultant waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. All materials shall be delivered to the City upon completion or termination of the work under this Agreement.

If any materials are lost, damaged or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. Consultant shall keep materials confidential and

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the materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

8. Changes. City may request changes in the scope of services to be provided by Consultant.

Any changes and related fees shall be mutually agreed upon between the parties and subject to a written amendment to this Agreement.

9. Consultant's Status. In performing the obligations set forth in this Agreement, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees and are not agents or employees of City.

10. Labor Code/Prevailing Wages. To the extent applicable, Consultant shall comply with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, workers' compensation and payment of prevailing wages as determined by Director of the California Department of Industrial Relations. Consultant shall post, at each job site, a copy of the prevailing rate of per diem wages. Consultant shall forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work done under the Agreement by it or by any subconsultant.

11. Termination of Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Consultant. The Agreement shall then be deemed terminated, and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for that percentage of the work actually completed at the time the notice of termination is received.

12. Non-Assignability. The Consultant shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subconsultants.

13. Indemnity and Hold Harmless. To the fullest extent permitted by law (including, without limitation, California Civil Code §§ 2782, 2782.6 and 2782.8), Consultant shall defend (with legal counsel reasonably acceptable to the City), indemnify, and hold harmless, the City and its officers, agents and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Consultant or its Subconsultants), expense, and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) arising from, or alleged to have arisen from, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, reckless, or willful misconduct of the Consultant, any Subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”) in the performance of its services under this Agreement, regardless of whether the City has reviewed or approved the work or services which has given rise to the claim, loss, cost, damage, injury or liability for damages. This indemnification shall extend for a reasonable period of time after completion of the project as well as during the period of actual performance of services under this Agreement. The City's

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acceptance of the insurance certificates required under this Agreement does not relieve the Consultant from its obligation under this paragraph. To the extent that there is an obligation to indemnify under this Section 13, Consultant shall be responsible for incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant’s negligence, reckless or willful misconduct.

Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent such Liabilities are caused by the sole negligence, active negligence or willful misconduct of such Indemnitee. Obligation to defend shall be proportionate as to Consultant’s percentage of fault as provided in California Civil Code § 2782.8.

14. Insurance. During the term of this Agreement, Consultant shall maintain in full force and effect, at its own cost and expense, insurance coverages with insurers with an A.M. Best’s rating of no less than A:VII. Contractor shall have the obligation to furnish City, as additional insured, the minimum coverages identified below, or such greater or broader coverage for City, if available in the Contractor’s policies:
a. General Liability and Bodily Injury Insurance. Commercial general liability insurance with limits of at least $2,000,000 combined limit for bodily injury and property damage that provides that the City, its officers, employees and agents are named additional insureds under the policy. The policy shall state in writing either on the Certificate of Insurance or attached rider that this insurance will operate as primary insurance for work performed by Consultant and its subconsultants, and that no other insurance effected by City or other named insured will be called on to cover a loss.

b. Automobile Liability Insurance. Automobile liability insurance with limits not less than $2,000,000 per person/per occurrence.
c. Workers' Compensation Insurance. Workers' Compensation Insurance for all of Consultant's employees, in strict compliance with State laws, including a waiver of subrogation and Employer’s Liability Insurance with limits of at least $1,000,000. d. Professional Liability Insurance. Professional liability insurance in the amount of $2,000,000.
e. Certificate of Insurance. Consultant shall file a certificate of insurance with the City prior to the City’s execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits without providing notice to the City in accordance with California Insurance Code section 677.2 which requires the notice of cancellation to: 1) include the effective date of the cancellation; 2) include the reasons for the cancellation; and 3) be given at least 30 days prior to the effective date of the cancellation, except that in the case of cancellation for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective date of the cancellation. Notice shall be sent by certified mail, return receipt requested. In addition, the insured shall provide thirty (30) days prior written notice to the City of any cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance

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coverage required by this agreement. The City reserves the right to require complete certified copies of policies.
f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, its officers, employees and agents.
g. Defense Costs. Coverage shall be provided on a “pay on behalf" of basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusions. These requirements do not apply to Professional Liability.
h. Subconsultants. Consultant shall include all subconsultants as insured under its polices or shall furnish separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated in this Agreement, including but not limited naming additional insureds.

15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To Consultant: Debie Montana To City: Matt Gruber
Sequoia Ecological City of Pleasanton
1342 Creekside Dr 200 Old Bernal Ave., P.O. Box 520
Walnut Creek, CA 94596 Pleasanton, CA 94566

16. Conformance to Applicable Laws. Consultant shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

17. Licenses, Certifications, Copyrights and Permits. Prior to the City's execution of this Agreement and prior to the Consultant's engaging in any operation or activity set forth in this Agreement, Consultant shall obtain a City of Pleasanton business license, which must be kept in effect during the term of this Agreement. Consultant represents that its work will not unlawfully infringe any other copyrighted work. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement.

18. Records and Audits. Consultant shall maintain all records regarding this Agreement and the services performed for a period of three years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit.

19. Confidentiality. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

20. Conflicts of Interest. Consultant covenants that other than this Agreement, Consultant has no financial interest with any official, employee or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or

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investment that would be affected in any manner by the performance of Consultant’s services under this Agreement. If such an interest occurs, Consultant will immediately notify the City.

21. Waiver. In the event either City or Consultant at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation.

22. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue in the applicable court or forum for Alameda County.

23. Attorney's Fees. The prevailing party in any action brought to enforce or construe the terms of this Agreement may recover from the other party its reasonable costs and attorney's fees expended in connection with such an action.

24. No Personal Liability. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by the City or for any amount due Consultant.

25. Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

26. Scope of Agreement. This writing constitutes the entire Agreement between the parties.

Any modification to the Agreement shall be in writing and signed by both parties.

THIS AGREEMENT is executed the date first above written.

CITY OF PLEASANTON CONSULTANT

_____________________________ By: __________________________ Gerry Beaudin, City Manager Signature
__________________________
Print name
ATTEST:
_____________________________
Jocelyn Kwong, City Clerk Title: __________________________ Approved as to form:
_____________________________ By: __________________________ Daniel G. Sodergren, City Attorney Signature

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__________________________
Print name
Title: __________________________
[If Consultant is a corporation, signatures must comply with California Corporations Code §313] Rev. 11/23

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Date: June 11, 2024
To: Matt Gruber, City Landscape Architect
Public Works Department
(925) 931.5672
[email protected]
From: Alex Hirth, Project Manager and Biologist
Sequoia Ecological Consulting, Inc.
[email protected] | (510) 684 2352
RE: Revised Scope of Work and Cost Estimate
Preparation of a CalVTP Project-Specific Analysis (PSA) and Addendum Augustin Bernal Community Park Fuels Reduction Project
Mr. Gruber:

After meeting with you to discuss the details of the above-mentioned project, we propose the following scope of work to accomplish the City of Pleasanton’s goals for this Project.

Scope of Work
Task 1. Project Coordination: Meeting
with the City of Pleasanton,
Agencies, and Stakeholders
Project Coordination
Sequoia Ecological Consulting, Inc. (Sequoia) will
provide project management and coordination to
ensure timely and efficient work activities, guidance,
and deliverables are provided to the City. Sequoia’s
project manager will oversee and coordinate the
project and project team. We will serve as the central
point of communication between the City and the
project team, though direct communication with the
project team is encouraged to expedite delivery of
sensitive information and materials. The project
management team will maintain strict data
management procedures to ensure that data are
collected, compiled, reported, and archived properly,
and will employ quality control measures.

Finally, the project manager will be responsible for
ensuring the project tasks do not exceed the budget
and will be responsible for the submittal of invoices in a timely manner. The project manager will track work
in real time using our project management software
to maintain project controls and ensure we are on
track to meet project goals. This task also includes
coordination efforts, such as communications and
meetings with agencies, project stakeholders,
scheduling field work, managing subcontractors or
other miscellaneous tasks requiring Senior biological
review.

Kickoff and Meetings
Sequoia’s project managers and technical specialists
will attend all necessary meetings with the City and
project stakeholders to ensure that project needs are
met in a timely manner. After the contract is awarded,
Sequoia will organize both a virtual and in-field team
meeting to kick off the project and ensure that the
project’s goals will be met within the timeframe
provided. We have built in staff redundancy to ensure
team leaders, such as Sequoia’s project manager,
have back-up support during vacations and sick time.

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Sequoia Ecological Consulting, Inc.

Scope of Work and Cost Estimate to Support
Fuels Management Efforts at Augustin Bernal Community Park Page
2 of 5
Assumptions
 The City of Pleasanton will provide Sequoia’s team with details about any specific concerns of the City or other local fire agencies and participating entities,
consultants, and landowners. This includes any policies or restrictions regarding the use of herbicides, grazing, and applied fire.
 Sequoia’s team will need to access multiple sites within the project area. The City of Pleasanton will ensure that all necessary landowner notifications are made, and
safe site access is provided with Right of Entry (ROE)
permits.
 Treatment prescriptions may be further refined during development of the Project Description section of the
PSA. Treatments are being drafted and finalized by
Carol Rice.
 Sequoia will cover all agency coordination with
California Department of Fish and Wildlife (CDFW), US
Fish and Wildlife Service (USFWS), and CAL FIRE as
needed.
 We have provided an estimate of costs based on the
assumption that three (3) 1-hour virtual meetings, and
one (1) field site visit with the City and the local fire department, will be sufficient. We assume these
meetings will take place during development of the PSA
as needed, or as requested by the City. If additional
time is required, a change order will be necessary.
 Sequoia will provide a weekly email to the City relaying the project status.
 Costs include a site walkdown with select members of
the project team responsible for authoring the fuels
prescription and project design, as well as a Sequoia
project manager, technical specialist, and
biologist/botanist.
 Additional support beyond the final contract amount
can be provided with a change order, or a contingency
budget for as-needed support requests can be
established using Sequoia’s and team members’ 2024-
2025 hourly rates.

Task 2. Project Specific Analysis (PSA) and
Addendum
The PSA will tier from and reference the California
Vegetation Treatment Program (CalVTP) Final
Programmatic Environmental Impact Report (PEIR).

Because portions of the Project area include land
outside of the Treatable Landscape, this scope
assumes that a PSA and Addendum to the CalVTP
PEIR will be required.

Draft PSA
Since the project is within the Treatable Landscape,
and is considered a covered activity under the CalVTP
PEIR, the team will prepare a Draft PSA using
Appendix PD-3: Project Specific Analysis, of the PEIR.

The Draft PSA will include a description of the
proposed vegetation treatment activities and
description of the project area, as well as narrative
responses to the CalVTP PEIR Environmental Checklist
that environmental effects of the proposed treatment
have been covered in the PEIR and none of the
criteria for preparation of subsequent California
Environmental Quality Act (CEQA) documentation are
met (State CEQA Guidelines Sections 15168(c)(2),
15162). We will identify relevant Standard Project
Requirements (SPRs) and mitigation measures
identified in the CalVTP PEIR.

Draft Addendum
Since portions of the project are outside of the
Treatable Landscape but would involve similar
impacts and habitat types, the team will prepare an
Addendum to the CalVTP PEIR.

The team will prepare the Draft Addendum in
accordance with CEQA Guidelines Section 15164. It is
anticipated that the proposed project will not result in new or substantially more severe significant
environmental impacts compared with the impacts
disclosed in the CalVTP PEIR, nor are there any other

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circumstances that require the preparation of a
subsequent environmental compliance document.

If it is determined that a subsequent Initial
Study/Mitigated Negative Declaration (IS/MND) or
other environmental compliance document is the
appropriate CEQA document, Sequoia will work with
the City of Pleasanton to develop the appropriate
scope of work for future documentation, and can
submit a change order at that time.

The Draft Addendum document will be comprised
of the following sections:

Overview. This section will provide an overview of
the environmental review and approval required for
the proposed project.

Purpose of the Addendum. This section will discuss
CEQA compliance and background and history. It will
summarize impacts and mitigation measures that
were previously identified, as well as the criteria that must be met to qualify as an Addendum to the CalVTP
PEIR.

Project Description. This details the project location
and project description and key differences between
the project as evaluated under the PEIR and under
present conditions.

Environmental Analysis. This section will provide an
analysis of the potential environmental consequences
anticipated to occur as a result of implementation of
the proposed changes to the project using the CalVTP
PEIR Environmental Checklist. The Environmental
Analysis will provide written responses to each
question on the Environmental Checklist that:

1. Summarize the conclusions of the CalVTP PEIR;

2. Identify any previous mitigation measures that
are applicable to the amended project; and

3. Provide findings to indicate the amended project
is compliant with CEQA Guidelines Section 15164
to qualify for an Addendum.

We will prepare a list of proposed minor
modifications, where appropriate, for PEIR mitigation
measures. This scope does not include errata for
republication of the original Draft or Final EIR. Once
the Draft Addendum is completed, the team will
develop a compiled draft of the document for the City
of Pleasanton’s review.

Deliverables
 Draft Addendum and Appendices in Microsoft Word
and PDF.
 Reconnaissance survey of the project area, and
sensitive habitat will be mapped, and GIS layers
provided to the City of Pleasanton, as well as digital
maps created by Sequoia. The field effort has been
included in the cost estimate.
 Draft PSA and Addendum in Microsoft Word and PDF
Format.
 Costs for the botanical report have not been included in this task.

Final PSA and Addendum
Final PSA
After receiving the City of Pleasanton’s comments on
the Draft PSA and making the appropriate changes,
Sequoia will prepare a proofcheck version of the PSA
for the City’s consideration. We assume that the
proofcheck version will adequately address any
substantive comments and that the comments on the
proofcheck version will be limited to edits and
clarifications of final points. We will address such final edits/ clarifications and prepare a final version of the PSA for the City’s files.

Deliverables
 Proofcheck PSA in Microsoft Word and PDF Format.
 Final PSA in Microsoft Word and PDF Format.

Final Addendum
The team will respond to a review of the Draft
Addendum by the City of Pleasanton and will prepare
the Final Addendum.

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Deliverables
 Final and Appendices in Microsoft Word and PDF.

Assumptions
 We can submit the Final PSA and Addendum within two
(2) weeks of receipt of the City of Pleasanton’s
Comments. The total process is estimated to require up
to six (6) months.
 One (1) round of edits from the City of Pleasanton is included.
 A Cultural Resources Report will be included as an
appendix to the PSA and Addendum.

PSA and Addendum CEQA Notices
The team will prepare a Notice of Determination
(NOD) in accordance with Section 15094 of the State
CEQA Guidelines for the City of Pleasanton to file with the County Clerk.

Deliverables
 Notice of Determination in PDF Format.

Assumptions
 The City of Pleasanton would provide the applicable
County NOD filing fees via a reimbursable expense on
our invoice.
 During development of this task, costs include up to
two (2) 1-hour virtual meetings to discuss the PSA and
addendum with the City.
 Sequoia will attend a walk-down with CDFW, USFWS
and the City of Pleasanton once the drafts are
complete, if requested by the agencies.
 Sequoia will include a 10% mark-up on all
subcontractor invoices as a single line item on invoices.

This will cover the cost of administering and managing
the contract, and our coordination of fieldwork and
report preparation.
 Costs are included for Sequoia to design signage to
inform the surrounding community of the project goals
and timing. The City is responsible for printing of the signage and associated costs.

Proposed Budget
Task Cost
Task 1 - Project Coordination and Treatment
Design
Project Management and
Meetings $21,134
Treatment Design $27,816
TOTAL - Task 1 $48,950
Task 2 - Project Specific Analysis (PSA) and
Addendum
Reconnaissance and
Pre-treatment Surveys
$25,207
Project Description $13,707
PSA and Addendum $49,970
TOTAL - Task 2 $88,884
TOTAL ALL Tasks $137,834

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Project Plan and Schedule for the PSA

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2024-2025

HOURLY RATE SCHEDULE
Environmental Services 2024 2025 Env. Project Mgm’t. 2024 2025 Field Technician 1 $90 $95 Assistant Project Manager 1 $165 $173 Field Technician 2 $105 $110 Assistant Project Manager 2 $170 $179 Field Technician 3 $115 $121 Assistant Project Manager 3 $175 $184 Staff Biologist 1 $120 $126 Project Manager 1 $180 $189 Staff Biologist 2 $125 $131 Project Manager 2 $185 $194 Staff Biologist 3 $130 $137 Project Manager 3 $190 $200 Associate Biologist 1 $135 $142 Project Manager 4 $200 $210 Associate Biologist 2 $140 $147 Project Manager 5 $210 $221 Associate Biologist 3 $145 $152 Project Manager 6 $220 $231 Project Biologist 1 $150 $158 Senior Project Manager 1 $230 $242 Project Biologist 2 $155 $163 Senior Project Manager 2 $240 $252 Project Biologist 3 $160 $168 Senior Project Manager 3 $250 $263 Resource Specialist 1 $165 $173 Program Manager 1 $260 $273 Resource Specialist 2 $170 $179 Program Manager 2 $270 $284 Resource Specialist 3 $175 $184 Program Manager 3 $280 $294 Senior (Sr.) Biologist 1 $180 $189 Principal 1 $290 $305 Sr. Biologist 2 $185 $194 Principal 2 $300 $315
Sr. Biologist 3 $190 $200 Principal 3 $310 $326
Sr. Scientist 1 $200 $210 Senior Principal 1 $320 $336
Sr. Scientist 2 $210 $221 Senior Principal 2 $330 $347
Sr. Scientist 3 $220 $231 Senior Principal 3 $340 $357
Sr. Technical Specialist 1 $230 $242 Geographic Information Services Sr. Technical Specialist 2 $240 $252 (GIS)
Sr. Technical Specialist 3 $250 $263 GIS Technician 1 $135 $142 Sr. Regulatory Specialist 1 $260 $273 GIS Technician 2 $145 $152 Sr. Regulatory Specialist 2 $270 $284 GIS Technician 3 $155 $163 Sr. Regulatory Specialist 3 $280 $294 GIS Analyst 1 $165 $173 Botanist/Arborist Services
GIS Analyst 2 $175 $184
GIS Analyst 3 $185 $194
Botanist/Arborist 1 $135 $135 GIS Project Manager 1 $200 $210 Botanist/Arborist 2 $150 $150 GIS Project Manager 2 $210 $221 Botanist/Arborist 3 $165 $165 GIS Project Manager 3 $220 $231 Sr. Botanist/Arborist 1 $185 $185 GIS Specialist 1 $230 $242 Sr. Botanist/Arborist 2 $200 $200 GIS Specialist 2 $240 $252 Sr. Botanist/Arborist 3 $215 $215 GIS Specialist 3 $250 $263 Administrative Support Services
GIS Program Manager 1 $260 $273
GIS Program Manager 2 $270 $284
Clerical $110 $116 GIS Program Manager 3 $280 $294
Project Administrator $135 $142
Technical Editor I $150 $158 Sequoia Other Direct Costs Technical Editor II $160 $168 Regular Vehicle (GSA Rate) $0.67/mile Technical Editor III $170 $179 Submeter GPS $100/day
Senior Technical Editor $195 $205 UTV and Trailer $95/day Fleet Vehicle $95/day
iPad $10/day
Subconsultant Rates Wildlife Remote Camera $20/ day
Acoustic Bat Monitor $35/day
Carol Rice $212 $223 Kayak Kit $75/day
Joe McGuire $212 $223 Survey Flashlight (Streamlight) $12.50/day Aquatic Survey Sampling Kit $25/person/day
Montrose
Drone/sUAS $250/day
Wetsuit $70/week
Principal $262 $275 Drysuit $195/week
Director II $240 $252 YSI ProDSS Water Quality Meter $125/day Director I $230 $242
Senior Associate II $218 $229
Senior Associate I $208 $218 Montrose Direct Costs
Associate II $200 $210 Mileage Mileage
Associate I $191 $201 Printing (black/white) $0.15 per page Analyst II $180 $189 Printing (color) $1.00 per page
Analyst I $170 $179 Printing (CDs incl. label/envelope) $1.50 each Surveyor $148 $155 Equipment (GIS Mapping) $30/hour
Technician II $136 $143 Equipment (GIS Unit or Auger) $100.00/day Technician I $120 $126 Outside vendors (equipment rentals) At cost plus GIS Analyst/CAD Technician $153 $161 Outside vendors (document production) markup Technical Editor $131 $138
Publication Specialist $114 $120
Administrative Assistant $114 $120

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Item #13

CITY COUNCIL AGENDA REPORT
July 16, 2024
Public Works - Operations Division
TITLE: APPROVE AS-NEEDED MAINTENANCE AND TRADE SERVICES

AGREEMENTS FOR HEATING, VENTILATION, AND AIR CONDITIONING

GENERAL MAINTENANCE INFRASTRUCTURE REPAIRS WITH THE OPTION

TO EXTEND TWO ADDITIONAL ONE-YEAR EXTENSIONS WITH

SATISFACTORY PERFORMANCE

SUMMARY
To maintain the heating, ventilation, and air conditioning (HVAC) systems in all City facilities, the City utilizes prequalified and preapproved as-needed service agreements, which allows staff to authorize and direct the work effectively and efficiently. The current five-year HVAC maintenance service agreement expired on June 30, 2024. Staff distributed a Request For Proposal (RFP) for experienced licensed contractors to perform as-needed, necessary HVAC maintenance services for City facilities. Based on the proposals received, staff has established a list of as-needed maintenance and trade services agreements with annual not-to-exceed limits. The proposed as-needed services agreements will commence on August 1, 2024, and expire on June 30, 2027, with an option for two additional one-year extensions with Consumer Price Index (CPI) inceases. Each agreement allows the City to terminate services should the CIty need to reduce costs.

RECOMMENDATION
Approve and authorize the City Manager to execute four three-year as-needed maintenance service agreements for continued proactive HVAC maintenance and emergency repair services with the option for two additional one-year extensions with CPI increases based on satisfactory performance.

BACKGROUND
The HVAC maintenance for 32 City facilities and 139 publicly maintained facilities requires ongoing maintenance and as-needed repairs. To meet the City’s needs, as-needed contractors that supplement the work of City staff are essential to supporting the City’s core functions and keeping the City in good operating order. The City has successfully used contracting services to supplement internal resources, especially during emergencies and urgent needs and when the work requires specialized tools, equipment, and skills.

The current as-needed service agreements expired on June 30, 2024. In May 2024, an RFP was formally advertised for new agreements for as-needed services by posting a legal publication and notification on the City’s website and through third-party vendor Bidnet Direct.

Six proposals were received from licensed contractors; four of the six proposals met or exceeded the minimum qualifications listed in the RFP for the categories listed in Table 1 below. Contractors’ licenses and Department of Industrial Relations (DIR) registration have been verified.

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DISCUSSION
Utilizing prequalified and preapproved as-needed service agreements allows staff to authorize and direct the work effectively and efficiently. When utilizing the as-needed service contractors to perform essential tasks, staff will follow the City Council-approved Procurement Procedures and Manual. Appropriate contractors with the required license and area of expertise will be contacted with a scope of service to provide a quote for those services. For all individual work/projects, the contractor(s) will submit a written estimate detailing the cost of the required work or services. A task order is issued based on the lowest responsible and responsive bids available to meet the City’s specified performance timeline. The costs will be applied against the not-to-exceed limit of the agreement. The City will then issue a Task Authorization letter as a guide for reimbursement when the scheduled work is completed to the City’s satisfaction.

As part of the bid process, all as-needed contractors provided labor and equipment rates, markup percentages, and their Department of Industrial Relations (DIR) number where applicable. In addition, as a condition of the agreement, each contractor will provide the required certificates of insurance and verification of a current City of Pleasanton business license. Performance and Payment Bonds may be requested depending on the type of services requested and the risk evaluation by staff.

Table 1 below lists each type of as-needed service category, the recommended contractor(s) for that category based on pricing rates and qualifications, and the recommended not-toexceed limit for year one of each agreement. In many cases, staff recommends entering into an agreement with multiple contractors for a single service category to have the flexibility to obtain the best combination of pricing, trade skills, and response time on a task-by-task basis.

Staff will ensure that all cumulative task orders issued against the listed contracts below will not exceed the total approved budget.

Table 1 – Recommended As-Needed Services Agreements
Service Category Contractor Year One
Not-To- Exceed
HVAC Services Prime Mechanical $200,000
Airtecks.com $200,000
Environmental Systems $200,000
ACCO $200,000
Total Agreements (4) Total Amount $800,000
Contractor proposals for subsequent years shall be increased based on the San FranciscoOakland-San Jose Metropolitan Area Consumer Price Index (CPI) for the 12-month period ending in April.

Staff recognizes that these as-needed contracts encumber a significant aggregate, not-toexceed total at a time when the City is implementing cost reductions and related cost containment strategies. At the same time, these contracts support the operations and delivery

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of ongoing programs and services for the entire City organization. Staff intends to utilize these contracts for necessary and essential tasks. Section 11. a. of each agreement allows the City to terminate services should the CIty need to reduce costs.

EQUITY AND SUSTAINABILITY
Not applicable, as this item is a routine matter of City business.

OUTREACH
No outreach was conducted, as this item is a routine matter of City business.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide ONE Pleasanton strategic plan goal of Funding our Future to support financial health and sound fiscal policies through long-term planning, cost recovery, increased revenue, and cost containment.

FISCAL IMPACT
For FY 2024/25, funding for these agreements is budgeted in the General Fund, Facilities Maintenance Operations (Org 00140301) and in the Facilities Repair & Replacement Internal Service Fund (Org 51540132) for the Public Works' Facilities Division. The FY 2024/25 not-toexceed limit for each agreement is listed in Table 1 in the Discussion section of this report. For all subsequent years, the proposed rates by contractors for each agreement shall be increased based on the San Francisco-Oakland-San Jose Metropolitan Area Consumer Price Index (CPI) for the 12-month period ending in April. Funding for these agreements beyond FY 2024/25 is subject to City Council approval through an annual budget process.

Prepared by: Submitted by: Approved by:

David Luera, Operations &
Maintenance Manager
Siew-Chin Yeong, Director of Public
Works
Gerry Beaudin, City
Manager
Attachments:

1. Maintenance Service Agreement with Prime Mechanical

2. Maintenance Service Agreement with Airteks.com

3. Maintenance Service Agreement with Environmental Systems

4. Maintenance Service Agreement with ACCO

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AS-NEEDED MAINTENANCE AND TRADE SERVICES AGREEMENT
FOR HVAC MAINTENANCE & EMERGENCY REPAIRS RFP #PWD 24-407 THIS AGREEMENT is made and entered into this _____ day of July 2024 between Prime Mechanical Service ("Contractor"), a California Corporation, whose address is 296 Wright Brothers Avenue, Livermore CA 94551 and the CITY OF PLEASANTON, a municipal corporation ("City").

RECITALS
A. Contractor has submitted a proposal in response to the City of Pleasanton’s Request for Proposals (RFP) #PWD 24-407 and is qualified and experienced in providing HVAC Maintenance & Emergency Repair work or services set forth in Exhibit A of this Agreement.

B. City finds it necessary and advisable to obtain work or services from Contractor on both a scheduled basis as set forth in RFP #PWD 24-407, as well as on an as-needed basis for potential unscheduled work, including but not limited to urgent requests by the City or a declaration of an emergency by local or state officials, described therein.

NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Contractor agree as follows:

1. Term. The term of this Agreement commences on the date written above and will expire on June 30, 2027 unless the parties agree to extend the Agreement for an additional two (2) one-year terms, not to exceed five (5) years total for this Agreement.

2. Services to be performed. Contractor shall perform, or cause to be performed, the work or services described in Exhibit A. This Agreement does not obligate the City to utilize Contractor exclusively for such work or services.
a. Task Authorization - Contractor will submit a written estimate detailing the cost to perform the requested work or services, the City will then issue a Task Authorization letter as a guide for reimbursement once the scheduled work is completed and to the satisfaction of the City. If authorized work exceeds the initial estimate or City requests additional services, Contractor is to notify the City of the additional cost and the City will provide an amended Task Authorization.

No work shall be performed unless approved by the City’s designated project manager.

3. Compensation. Total compensation pursuant to this Agreement shall not exceed $200,000 per fiscal year and $600,000 for the Term. Rates shall be as set forth in Exhibit A. For the second or subsequent years of the Agreement, the cost of each one-year term may increase only by the change in the consumer price index for the San Francisco-Oakland-San Jose Metropolitan Area (all items index; all urban consumers) for the twelve-month period ending in April each year as published by the Bureau of Labor Statistics, U.S. Department of Labor.

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a. Payment shall be made within thirty (30) days of receipt of Contractor’s invoice and approval by City.
b. If the prevailing wage for crafts or classifications subject to this Agreement change during the term of this Agreement, the City will accept corresponding increases in Contractor’s hourly rates when sufficient documentation is received from the Contractor and verified with the Department of Industrial Relations.

4. Indemnification. Contractor shall hold harmless, defend, and indemnify the City, its officers, agents and employees (“Indemnities”), against any and all claims, costs, demands, causes of action, suits, losses, expenses, attorney’s fees, or liability, arising from or in any manner related to Contractor’s (includes Contractor’s employees, agents, or subcontractors) negligent act or omission, whether alleged or actual, regarding the work or services performed or caused to be performed pursuant to this Agreement and any amendments thereto. Contractor shall not, however, be obligated to indemnify Indemnities from claims arising from the sole negligence or willful misconduct of Indemnities. This indemnification includes any claim that the materials or equipment provided under this Agreement, or any tool, article or process used, constitutes an infringement of any patent issued by the United States. This indemnification provision shall survive termination or cancellation of the Agreement.

5. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect, at its own cost and expense, insurance coverage with insurers with an A.M. Best’s rating of no less than A:VII. Contractor shall have the obligation to furnish City, as additional insured, the minimum coverages identified below, or such greater or broader coverage for City, if available in the Contractor’s policies:
a. General Liability and Bodily Injury Insurance. Commercial general liability insurance with limits of at least $2,000,000 combined limit for bodily injury and property damage that provides that the City, its officers, employees and agents are named additional insured’s under the policy as evidenced by an additional insured endorsement satisfactory to the City Attorney.

The policy shall further state in writing either on the Certificate of Insurance or attached rider that this insurance will operate as primary insurance for work performed by Contractor and its subcontractors, and that no other insurance effected by City or other named insured will be called on to cover a loss.
b. Automobile Liability Insurance. Automobile liability insurance with limits not less than $2,000,000 per person/per occurrence.
c. Workers' Compensation Insurance. Workers' Compensation Insurance for all of Contractor's employees shall be in strict compliance with State laws, including a waiver of subrogation and Employer’s Liability Insurance with limits of at least $1,000,000.

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that Code, and I will comply with such provisions before commencing the performance of the work of this Contract."
d. Certificate of Insurance. Contractor shall file a certificate of insurance with the City prior to the City’s execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits without providing notice to the City in accordance with California Insurance Code section 677.2 which requires the notice of cancellation to: 1) include the effective date of the cancellation; 2) include the reasons for the cancellation; and 3) be given at least 30 days prior to the effective date of the cancellation, except that in the case of cancellation for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective date of the cancellation. Notice shall be sent by certified mail, return receipt requested. In addition, the insured shall provide thirty (30) days prior written notice to the City of any cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance coverage required by this agreement. The City reserves the right to require complete certified copies of policies.
e. Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming additional insureds.
f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, its officers, employees and agents.
g. Defense Costs. Coverage shall be provided on a “pay on behalf of” basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusions.

6. Independent Contractor. The Contractor is an independent contractor retained by the City. All personnel employed by the Contractor, including subcontractors, and personnel of subcontractors, are not and shall not be employees of the City.

7. Contractor’s Warranty. Contractor shall bear the risk of loss or damage to any goods associated with the services until delivered to and accepted by City. Contractor further warrants that all work done and goods provided under this Agreement shall: a) meet all conditions of the Agreement; b) shall be free from all defects in design, material and workmanship; and 3) shall be fit for the purposes intended. If any defects occur within the 12 months following acceptance, Contractor shall be solely responsible for the correction of those defects.

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determination of the Director of the California Department of Industrial Relations shall be available for inspection. Contractor shall post, at each job site, a copy of the prevailing rate of per diem wages.

To the extent applicable, Contractor shall comply with all requirements of the California Labor Code, including but not limited to, Labor Code sections: 1773.2 (regarding posting wage determinations at each job site); section 1776 (regarding the certification, maintenance, and availability for inspection of payroll records); section 1777.5 (regarding employment of apprentices); section 1810 (regarding a legal day’s work as 8 hours of labor); and section 1775 (regarding penalties for violations). The Contractor shall forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work done under the Agreement by it or by any subcontractor under Contractor.

9. Notices. All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided.

To Contractor:_____________________ To City: City Manager _____________________ City of Pleasanton
_____________________ P.O. Box 520
_____________________ Pleasanton, CA 94566

10. Conflict of Interest. In accepting this Agreement, Contractor covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. Contractor further covenants that, in the performance of this Agreement, it will not employ any person having such an interest. Contractor certifies that no City officer, employee, or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor agrees to advise City if any conflicts arise.

11. Miscellaneous Provisions.
a. City may terminate this Agreement at any time by mailing a notice to Contractor. Contractor shall be paid for that portion of work or services already completed by Contractor as approved by City.
b. Contractor acknowledges that time is of the essence regarding the performance of this Agreement.
c. Contractor shall not assign or transfer this Agreement. d. If either City or Contractor waives a breach of this Agreement, such waiver shall not constitute a waiver of other or succeeding breaches of this Agreement. e. This Agreement constitutes the entire understanding of the parties. f. This Agreement may only be modified by a writing signed by the authorized representative of both parties.

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g. Contractor covenants that it has obtained and will keep in effect during the term of the Agreement all certificates, licenses, including a City Business License, permits or the like required by any federal, state or local regulatory agency in order to perform the work under this Agreement.
h. Contractor shall comply with all federal, state and local laws, regulations and rules, including but not limited to applicable safety and environmental laws. Contractor shall bear full and exclusive responsibility for any release of hazardous or non-hazardous substances and disposal of hazardous wastes.
i. The Contractor will permit the City to audit, examine and make copies of all contracts, invoices, payrolls and other documents or data relating to this Agreement. Such records shall be maintained for three years from the date of final payment under this Agreement. j. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. k. This Agreement shall be governed by the laws of the State of California, with venue for any action under this Agreement in Alameda County, California.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

CITY OF PLEASANTON CONTRACTOR – Prime Mechanical
_____________________________ By: __________________________ Gerry Beaudin, City Manager Signature
__________________________
Print name
ATTEST: Title: __________________________
____________________________ [If Contractor is a corporation, signatures must Jocelyn Kwong, City Clerk comply with California Corporations Code §313] APPROVED AS TO FORM: _____________________________
Signature
__________________________ __________________________
Daniel Sodergren, City Attorney Print name
Title: __________________________

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EXHIBIT A FY 2024/25 – RATE SHEET

FACILITIES MAINTENANCE & RENOVATIONS
“HVAC SERVICE & REPAIRS”

SCOPE OF SERVICES
The City is seeking a qualified HVAC contractor to provide repair and replacement services for HVAC systems in City-owned buildings and structures. The contractor will perform scheduled maintenance tasks and emergency repairs on HVAC systems as needed to ensure the continued operation and safety of City buildings. Services will be provided on both a scheduled basis and during emergencies, with availability for 24-hour response, including overtime when necessary.

Routine Maintenance: Conduct regular inspections, cleaning, and lubrication of HVAC equipment components such as filters, coils, and moving parts. Ensure proper calibration of thermostats, testing of controls, and verification of refrigerant levels.

Repairs/Troubleshooting and Replacement of HVAC Systems: The contractor will be responsible for repairing and/or replacing HVAC systems in City buildings. Diagnose and address malfunctions in HVAC systems, including heating, ventilation, and air conditioning issues. Repair or replace faulty components, detect and repair leaks, and restore proper airflow and ventilation. This includes troubleshooting HVAC issues, upgrading outdated systems, and ensuring compliance with safety standards and regulations.

Emergency Services: Provide round-the-clock emergency HVAC repair services to address sudden breakdowns or malfunctions, ensuring minimal disruption to building occupants. A Prompt Response is expected to staff requests and deploy technicians for troubleshooting and resolve HVAC system failures, including loss of heating or cooling, refrigerant leaks, or system malfunctions.

Preventive Measures: Implement preventive measures to minimize the risk of future breakdowns or malfunctions. Provide recommendations for system upgrades or improvements to enhance energy efficiency and reliability.

Personnel, Materials, and Equipment: Qualified HVAC personnel equipped with the necessary tools, materials, and equipment will be provided by the contractor to perform the required services. All materials used must meet industry standards and safety regulations.

Compliance and Safety: Strict adherence to HVAC codes, regulations, and safety protocols is paramount to ensure the safety and functionality of HVAC systems within City buildings and structures. All safety requirements must be adhered to by the Contractor and/or any subcontractors while on-site.

Special License: Contractors must possess a valid HVAC license issued by the appropriate regulatory body. HVAC (Heating, Ventilation, and Air Conditioning) contractors and is categorized under the C-20 classification.

Communication and Collaboration: Effective communication and collaboration between the contractor and the City's project manager are essential for successful project execution. Regular updates, coordination

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meetings, and clear communication channels will facilitate project progress and address any issues or concerns promptly.

Uniforms: Contractor’s crews should be identified either by a Company uniform, or by a safety vest worn outside other clothing with the Company name clearly displayed. Footwear must consist of a shoe that fully covers the entire foot. Soles will be neoprene or similar. No open toed shoes or sandals will be allowed.

Proximity ID Cards & Keys: Most buildings are fitted with a Proximity (Prox) card system that will allow access without the use of keys. Internal doors will use a key for access to individual rooms. • An alarm access code and photo ID Prox Card will be issued to each employee of the Contractor. These are issued to the individual and MUST NOT BE SHARED. Sharing of alarm codes or prox cards are grounds for immediate termination of the contract.
• The Contractor shall be responsible to complete a Prox Card Request form for each employee (form provided by the City) to ensure that each employee be photographed and a prox ID card issued before their work in the city can begin. The Contractor shall also notice the City when an employee is terminated and submit the prox ID card to be destroyed. The Contractor shall provide a quarterly staff roster to ensure only those currently employed by the Contractor have access to city facilities. • Non-employees or family members will NOT be allowed in any city facility at any time. Only authorize Contractor employees may be present during hours of service.

RATE SHEET
The cost quoted below shall include all taxes and all other charges, including travel expenses, and is the cost the City will pay for the term of any contract that is a result of this bid.

Bidder hereby certifies to City that all representations, certifications, and statements made by Bidder, as set forth in this Bid Form and attachments are true and correct and are made under penalty of perjury pursuant to the laws of California.

Contractor's Labor Rates (Hourly)
Position Description Regular Time Overtime Emergency Callout Foreperson $ $ $
Journey $ $ $
Laborer $ $ $
Apprentice $ $ $
Other: $ $ $
*If Contractor has their own Rate Sheet they can submit as additional sheet Materials/Rentals Example % Mark-Up
*Materials Invoicing must be demonstrated as a percentage.

Example: Material $1,000 + 10% ($100) = $1,100 %

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AS-NEEDED MAINTENANCE AND TRADE SERVICES AGREEMENT
FOR HVAC MAINTENANCE & EMERGENCY REPAIRS RFP #PWD 24-407 THIS AGREEMENT is made and entered into this _____ day of July 2024 between Airteks.com, Inc. ("Contractor"), a California Corporation, whose address is 2432 Armstrong Street, Livermore CA 94551 and the CITY OF PLEASANTON, a municipal corporation ("City").

NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Contractor agree as follows:

No work shall be performed unless approved by the City’s designated project manager.

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b. If the prevailing wage for crafts or classifications subject to this Agreement change during the term of this Agreement, the City will accept corresponding increases in Contractor’s hourly rates when sufficient documentation is received from the Contractor and verified with the Department of Industrial Relations.

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d. Certificate of Insurance. Contractor shall file a certificate of insurance with the City prior to the City’s execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits without providing notice to the City in accordance with California Insurance Code section 677.2 which requires the notice of cancellation to: 1) include the effective date of the cancellation; 2) include the reasons for the cancellation; and 3) be given at least 30 days prior to the effective date of the cancellation, except that in the case of cancellation for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective date of the cancellation. Notice shall be sent by certified mail, return receipt requested. In addition, the insured shall provide thirty (30) days prior written notice to the City of any cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance coverage required by this agreement. The City reserves the right to require complete certified copies of policies.
e. Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming additional insureds.
f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, its officers, employees and agents.
g. Defense Costs. Coverage shall be provided on a “pay on behalf of” basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusions.

8. Labor Code/Prevailing Wages. The work performed under this Agreement is a “public work” and prevailing wage laws shall apply. No less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the work under this Agreement shall be paid to all workers, laborers and mechanics employed in the execution of the work by the Contractor or any subcontractor doing or contracting to do any part of the work. The appropriate determination of the Director of the California Department of Industrial Relations shall be

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available for inspection. Contractor shall post, at each job site, a copy of the prevailing rate of per diem wages.

To Contractor:_____________________ To City: City Manager _____________________ City of Pleasanton
_____________________ P.O. Box 520
_____________________ Pleasanton, CA 94566

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

CITY OF PLEASANTON CONTRACTOR – Airteks.com, Inc.
_____________________________ By: __________________________ Gerry Beaudin, City Manager Signature
__________________________
Print name
ATTEST: Title: __________________________
____________________________ [If Contractor is a corporation, signatures must Jocelyn Kwong, City Clerk comply with California Corporations Code §313] APPROVED AS TO FORM: _____________________________
Signature
__________________________ __________________________
Daniel Sodergren, City Attorney Print name
Title: __________________________

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AS-NEEDED MAINTENANCE AND TRADE SERVICES AGREEMENT
FOR HVAC MAINTENANCE & EMERGENCY REPAIRS RFP #PWD 24-407 THIS AGREEMENT is made and entered into this _____ day of July 2024 between Environmental Systems, Inc. ("Contractor"), a California Corporation, whose address is 3353 De La Cruz Boulevard, Santa Clara CA 95054 and the CITY OF PLEASANTON, a municipal corporation ("City").

NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Contractor agree as follows:

No work shall be performed unless approved by the City’s designated project manager.

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To Contractor:_____________________ To City: City Manager _____________________ City of Pleasanton
_____________________ P.O. Box 520
_____________________ Pleasanton, CA 94566

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

CITY OF PLEASANTON CONTRACTOR – Environmental Systems, Inc. _____________________________ By: __________________________ Gerry Beaudin, City Manager Signature
__________________________
Print name
ATTEST: Title: __________________________
____________________________ [If Contractor is a corporation, signatures must Jocelyn Kwong, City Clerk comply with California Corporations Code §313] APPROVED AS TO FORM: _____________________________
Signature
__________________________ __________________________
Daniel Sodergren, City Attorney Print name
Title: __________________________

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AS-NEEDED MAINTENANCE AND TRADE SERVICES AGREEMENT
FOR HVAC MAINTENANCE & EMERGENCY REPAIRS RFP #PWD 24-407 THIS AGREEMENT is made and entered into this _____ day of July 2024 between ACCO Engineered Systems ("Contractor"), a California Corporation, whose address is 1133 Aladdin Avenue, San Leandro CA 94577-4311 and the CITY OF PLEASANTON, a municipal corporation ("City").

NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Contractor agree as follows:

No work shall be performed unless approved by the City’s designated project manager.

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To Contractor: _____________________ To City: City Manager _____________________ City of Pleasanton
_____________________ P.O. Box 520
_____________________ Pleasanton, CA 94566

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

CITY OF PLEASANTON CONTRACTOR – ACCO Engineered
_____________________________ By: __________________________ Gerry Beaudin, City Manager Signature
__________________________
Print name
ATTEST: Title: __________________________
____________________________ [If Contractor is a corporation, signatures must Jocelyn Kwong, City Clerk comply with California Corporations Code §313] APPROVED AS TO FORM: _____________________________
Signature
__________________________ __________________________
Daniel Sodergren, City Attorney Print name
Title: __________________________

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Item #14

CITY COUNCIL AGENDA REPORT
July 16, 2024
Public Works - Operations Division
TITLE: APPROVE A THREE-YEAR MAINTENANCE AGREEMENT WITH (SWEEPING

CORP OF AMERICA) SCA OF CA, LLC IN THE NOT-TO-EXCEED AMOUNT OF $1,341,437 FOR CITYWIDE STREET SWEEPING SERVICES WITH THE OPTION

TO EXTEND TWO ADDITIONAL ONE-YEAR EXTENSIONS

SUMMARY
In recent years, the City established a maintenance agreement with scheduled daily routes and emergency response services for maintenance of City streets and Ciy-owned parking lots.

This proactive approach has significantly extended the lifespan of City-maintained travel surfaces and reduced overall maintenance costs. The current Street Sweeping Maintenance services agreement expires on July 30, 2024.Staff issued a Request for Bid (RFB) in May 2024 for experienced licensed contractors to perform citywide street sweeping services. The proposed three-year maintenance agreement will commence on August 1, 2024, and expire on June 30, 2027, with an option for two additional one-year extensions with Consumer Price Index (CPI) increases; the agreement also allows the City to terminate at any time during the contract period, should there be a need to reduce this program.

RECOMMENDATION
Approve and authorize the City Manager to execute a three-year maintenance service agreement with SCA of CA, LLC - Sweeping Corp of America (SCA) in the not-to-exceed amount of $1,341,437, inclusive of a 10 percent contingency for continued proactive street sweeping maintenance and emergency response services with the option to extend two additional one-year extensions with satisfactory performance with CPI increases. This recommendation is made to continue enhancing the effectiveness and efficiency of the City's travel surface maintenance program, address water quality requirements, and mitigate seasonal flooding occurances.

BACKGROUND
The City is responsible for sweeping maintenance of City streets and City-owned parking lots.

This comprehensive service covers a significant scope, including 579 curb miles of roads swept monthly. This maintenance is crucial, particularly during the leaf season from November to January, to ensure that City streets and storm drains are cleared of debris.

The city is segmented into 21 sweeping zones to effectively manage this extensive area. The frequency of sweeping services is strategically determined based on each area’s specific needs and activity levels. This structured approach to street sweeping not only enhances the cleanliness and appearance of our city but also plays an important role in environmental protection and the prevention of drainage blockages. Residential neighborhoods typically require sweeping once a month and are scheduled on a regular day each month to maintain consistency and predictability for residents. Commercial areas are being reduced to sweeping once a month. City-owned parking lots are being removed from service to lower costs; this

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work will be done periodically by City staff.Because the downtown area experiences substantial pedestrian and vehicle traffic, it is swept twice a week to address the continuous accumulation of debris and to maintain a clean and safe environment.

DISCUSSION
As the current Street Sweeping Maintenance services agreement expires on July 30, 2024, a Request for Bid (RFB) was formally advertised in May 2024. One proposal was received by SCA on May 16, 2024. SCA is the current vendor, and staff is confident SCA will continue to perform the service satisfactorily. SCA has been provided with a detailed scope of work, as outlined in Exhibit A of the Maintenance Service Agreement.

Having an agreement ensures a fixed cost for street sweeping services, providing financial predictability while safeguarding against potential inflation and cost variances associated with emergency services. The total compensation for the first three years of the agreement with SCA of CA, LLC is set at $1,341,437 based on an annual breakdown:
• FY 2024/25: $435,825
• FY 2025/26: $445,540
• FY 2026/27: $460,072.

These amounts include a 10 percent contingency provision, which is allocated for unforeseen circumstances and additional services the City may require. This contingency ensures the City remains prepared for variable demands and can manage unexpected issues as they arise.

Should the City need to reduce costs, the City may terminate the agreement at any time by mailing a notice to the contractor per Section 10.a of the agreement.

EQUITY AND SUSTAINABILITY
Not applicable, as this item is a routine matter of City business.

OUTREACH
No outreach was conducted, as this item is a routine matter of City business.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide ONE Pleasanton strategic plan goal of Investing in Our Environment which promotes effective use of existing facilities through maintenance and repair.

FISCAL IMPACT
Funding for this contract is included in the General Fund's Traffic Maintenance Operations budget (Org 00140201). Funding for future years' contract amounts beyond FY 2024-25 is subject to City Council approval through the annual budget process.

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Prepared by: Submitted by: Approved by:

David Luera, Operations &
Maintenance Manager
Siew-Chin Yeong, Director of Public
Works
Gerry Beaudin, City
Manager
Attachments:

1. Maintenance Service Agreement with SCA of CA, LLC

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MAINTENANCE AND TRADE SERVICES AGREEMENT

FOR STREET & PARKING LOT SWEEPING SERVICES
RFB #PWD 24-406
THIS AGREEMENT is made and entered into this ______ day of July 2024 between SCA of CA, LLC ("Contractor"), a Ohio Corporation, whose address is 4141 Rockside Road Suite 100, Seven Hills, OH 44131 and the CITY OF PLEASANTON, a municipal corporation ("City").

RECITALS
A. Contractor has submitted a proposal in response to the City of Pleasanton’s Request for Bids (RFB) #PWD 24-406 and is qualified and experienced in providing Street & Parking Lot Sweeping Services as set forth in Exhibit A of this Agreement.

B. City finds it necessary and advisable to obtain work or services from Contractor on both a scheduled basis as set forth in RFB #PWD 24-406, as well as on an as-needed basis for potential unscheduled work also described therein.

NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Contractor agree as follows:

1. Term. The term of this Agreement commences on the date written above and will expire on June 30, 2027, unless the parties agree to extend the Agreement for an additional two (2) one-year terms, not to exceed five (5) years total for this Agreement.

2. Services to be performed. Contractor shall perform, or cause to be performed, the work or services described in Exhibit A and Exhibit B.

3. Compensation. Total compensation under this Agreement for all work of this Agreement shall not exceed $1,341,437, of which, the total for each year shall not exceed $435,825 for the first year, $445,540 for the second year, and $460,072 for the third year. City shall pay Contractor for all work performed based on the bid proposal RFB PWD 24.406, in Exhibit B. Each year includes a 10% contingency for unforeseen circumstances and related extra services as determined to be necessary by the City. Payment of such contingency funds is not guaranteed to Contractor unless the City requests in writing of such extra services. For the fourth or subsequent year of the Agreement, the cost of each one-year term may increase only by the change in the consumer price index for the San Francisco-Oakland-San Jose Metropolitan Area (all items index; all urban consumers) for the twelve-month period ending in April each year as published by the Bureau of Labor Statistics, U.S. Department of Labor.
a. Payment shall be made within thirty (30) days of receipt of Contractor’s invoice and approval by City. Contractor must include a monthly report of curb miles or parking lots swept, categorized by zones. This report should accompany each invoice submitted for payment. It is essential that this report is complete and approved to facilitate the timely processing and remittance of payment

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5. Insurance. During the term of this Agreement, Contractor shall maintain at its own cost and expense the following insurance coverage with insurers with an A.M. Best’s rating of no less than A: VII. Contractor shall have the obligation to furnish City, as additional insured, the minimum coverages identified below, or such greater or broader coverage for City, if available in the Contractor’s policies
a. General Liability and Bodily Injury Insurance. Commercial general liability insurance with limits of at least $2,000,000 combined limit for bodily injury and property damage that provides that the City, its officers, employees and agents are named additional insured’s under the policy as evidenced by an additional insured endorsement satisfactory to the City Attorney.

For work or services deemed public works, by signing this Agreement, Contractor is certifying, pursuant to Section 1861 of the California Labor Code, that: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract."
d. Certificate of Insurance. Contractor shall file a certificate of insurance with the City prior to the City’s execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or

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in limits without providing notice to the City in accordance with California Insurance Code section 677.2 which requires the notice of cancellation to: 1) include the effective date of the cancellation; 2) include the reasons for the cancellation; and 3) be given at least 30 days prior to the effective date of the cancellation, except that in the case of cancellation for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective date of the cancellation. Notice shall be sent by certified mail, return receipt requested. In addition, the insured shall provide thirty (30) days prior written notice to the City of any cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance coverage required by this agreement. The City reserves the right to require complete certified copies of policies.
e. Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage’s for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming additional insureds.
f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, its officers, employees, and agents.
g. Defense Costs. Coverage shall be provided on a “pay on behalf of” basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusions.

8. Labor Code/Prevailing Wages. The work performed under this Agreement is a “public work” and prevailing wage laws shall apply. No less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the work under this Agreement shall be paid to all workers, laborers and mechanics, electricians, employed in the execution of the work by the Contractor or any subcontractor doing or contracting to do any part of the work. The appropriate determination of the Director of the California Department of Industrial Relations shall be filed at the City Clerk’s Office and available for inspection. Contractor shall post, at each job site, a copy of the prevailing rate of per diem wages.

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availability for inspection of payroll records); section 1777.5 (regarding employment of apprentices); section 1810 (regarding a legal day’s work as 8 hours of labor); and section 1775 (regarding penalties for violations). The Contractor shall forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work done under the Agreement by it or by any subcontractor under Contractor

To Contractor: _____________________ To City: City Manager _____________________ City of Pleasanton
_____________________ P.O. Box 520
_____________________ Pleasanton, CA 94566

10. Miscellaneous Provisions.
a. City may terminate this Agreement at any time by mailing a notice to Contractor. Contractor shall be paid for that portion of work or services already completed by Contractor as approved by City.
b. Contractor acknowledges that time is of the essence regarding the performance of this Agreement.
c. Contractor shall not assign or transfer this Agreement. d. If either City or Contractor waives a breach of this Agreement, such waiver shall not constitute a waiver of other or succeeding breaches of this Agreement. e. This Agreement constitutes the entire understanding of the parties. f. This Agreement may only be modified by a writing signed by the authorized representative of both parties.
g. Contractor covenants that it has obtained and will keep in effect during the term of the Agreement all certificates, licenses, including a City Business License, permits or the like required by any federal, state or local regulatory agency in order to perform the work under this Agreement.
h. Contractor shall comply with all federal, state and local laws, regulations and rules, including but not limited to applicable safety and environmental laws. Contractor shall bear full and exclusive responsibility for any release of hazardous or non-hazardous substances and disposal of hazardous wastes.
i. The Contractor will permit the City to audit, examine and make copies of all contracts, invoices, payrolls and other documents or data relating to this Agreement. Such records shall be maintained for three years from the date of final payment under this Agreement. j. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other

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transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. k. This Agreement shall be governed by the laws of the State of California, with venue for any action under this Agreement in Alameda County, California.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

CITY OF PLEASANTON CONTRACTOR – SCA of CA, LLC
_____________________________ By: __________________________ Gerry Beaudin, City Manager Signature
__________________________
Print name
ATTEST: Title: __________________________
____________________________ [If Contractor is a corporation, signatures must Jocelyn Kwong, City Clerk comply with California Corporations Code §313] APPROVED AS TO FORM: _____________________________
Signature
__________________________ __________________________
Daniel Sodergren, City Attorney Print name
Title: __________________________

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SCOPE OF SERVICES/WORK – EXHIBIT A
The City of Pleasanton is dedicated to maintaining safe and clean roadways, and to fulfill this commitment, we are seeking a reliable Street Sweeping Services Contractor. Our scope of services covers routine maintenance of streets, designated parking lots, and protected bike lane areas.

Additionally, the contractor may be called upon to respond to traffic accidents and other unscheduled high-priority events.

1. Control, Supervision, and Approval Authority - Unless otherwise provided by specific provisions, contractor's operations and activities pursuant to any contract resulting from this RFB shall be under the control and supervision of the Streets Division Supervisor or designee.

2. Street sweeping - Sweeping will be scheduled Monday through Friday only. Sweeping of residential areas shall not start before 8:00 a.m. or continue after 4:30 p.m. Commercial areas shall be swept between 7:00 p.m. and 8:00 a.m. Sweeping shall be scheduled to maximize the areas of streets being swept by minimizing the interference by parked vehicles. • Downtown Route - Downtown sweeping shall be twice a week on Mondays and Fridays between 5:30 a.m. and 7:00 a.m. Main Street (from Bernal Avenue North to Stanley Boulevard) shall have the entire street surface swept, from curb to curb, including areas within button-designated medians and the side streets (between Peters Avenue to Main Street, First Street to Main Street, and Railroad Avenue to Main Street). The Operations Division Manager or their designee may require revisions in the hours and/or manner of operation necessary to maximize sweeping coverage, to minimize noise complaints or to coincide with City staff working hours.
• Medians Sweeping – Medians shall be swept in the scheduled route along with curb and gutter sections. Areas along the median or turn pocket areas that cannot be reached by a sweeper shall be blown out and then swept with the sweeper.

3. Parking Lots Sweeping (Temporarily Removed) – The Parking lot process involves thorough inspection and preparation, utilizing specialized equipment to effectively remove debris, dirt, and litter from parking lots. From surface cleaning to edge detailing, every aspect of the parking lot is meticulously addressed to maintain a pristine appearance and prevent potential hazards. With a focus on compliance with environmental and safety regulations. • City owned parking lots (Attachment III) are to be swept twice a month (first and third Thursday of each month). The City shall provide the schedule for parking lot sweeping.

Parking lots in/near residential areas shall not be swept prior to 7:00 a.m. and not after 10:00 p.m.
• Adding Parking Lots - Should the City desire the contractor to sweep additional parking lots, the City will provide a 30-day advance notice to the Contractor. The City will pay the contractor for the added parking lots based on the unit price listed in the “Bid Form/Rate Sheet” for the added square footage of the new area.

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4. Protected Bike Lanes (Temporarily Removed) - These bike lanes shall be swept by the contract sweeper utilizing an appropriately sized sweeper to operate withing the protected area. Otherwise, the contactor shall operate a leaf blower to blow debris out of the protected area and swept up by the street sweeper. (see Attachment IV for Map)

5. Scheduled Service & Sweeping Routes - The City shall provide a street sweep schedule (Attachment II) and the sweeping routes shall be adhered to by the Contractor. Areas scheduled for sweeping shall not coincide with same day garbage pick-up service. All designated streets require sweeping along the curb and gutter and require sweeping along the median curb. After execution of the contract, City may add or delete other streets or portions of streets at the agreed Agreement rate identified in the route schedule. The City may request a change in the schedule within seven (7) day advance notice to Contractor.

6. Unscheduled/Additional Service for Streets - The Contractor will also provide, if required by the City, unscheduled sweeping of any street(s) or portions of streets at a rate identified in “Bid Form/Rate Sheet”. The City may request sweeping for construction debris. The City will give Contractor a minimum of twenty-four (24) hour notice for such unscheduled sweeping. All additional services shall be at the hourly rate which includes cost of equipment.

7. Equipment – The equipment used to complete the sweeping required by this Agreement is subject to the approval of the Streets Division Supervisor or designee and must conform to the following:
• Identification - All vehicles utilized by the contractor shall have wording which clearly identifies the contractor/company. All employees shall be identified at all times by a Company Logo/Uniform or by a safety vest worn outside other clothing with the Company name clearly displayed.

• Types of Sweepers - The Contractor shall provide the City with the option of a Regenerative Air or Broom Sweeper for the services. The Regenerative Air sweeper will be used for regular route sweeping.
• Proof of Ownership - The Contractor must have proof of ownership or a signed lease for the duration of the contract for each sweeping machine used in the performance of this Agreement
• Registration - Sweeping machines must be properly registered and insured in accordance with California State Motor Vehicle Laws
• Safety Regulations - Sweeping machines must conform to all federal, state, and local safety regulations and be properly licensed through the State of California • Condition of Equipment - All sweeping machines must not be over five (5) years old at the time of bid and no more than seven (7) years old at any point for the duration of the contract. Machines must be in excellent working condition capable of removing street debris throughout the life of the Agreement. The outside body of the machine must be free from dents and large scratches, and paint must be well maintained.

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• Gutter brooms shall be no shorter than seven (7) inches, which shall be operating during all sweeping operations. The use of a steel plate on the sweeper wheel to prevent tire scuffing against the curb will not be permitted.
• Maintenance of Equipment - All required maintenance, parts and fuel are part of the Agreement and furnished by the Contractor, and all major mechanical problems must be corrected at the Contractor’s yard. A sufficient supply of spare brooms and other parts must be kept on hand to ensure the timely and continuous fulfillment of this Agreement. • Breakdown of Equipment - At all times the Contractor shall properly maintain a minimum of three (3) sweeping machines, both as to condition and appearance, for the use on the work under this Agreement. In case of breakdown by the main sweeper, immediate service within one hour by a second sweeper is required to complete the daily schedule. If the sweeper is down for more than one hour, a rate of One Hundred Dollars ($100.00) per hour for each hour above and beyond an hour may be assessed as liquidated damages. • Storage of Equipment - The Contractor must provide its own storage for equipment such as sweeping machines, brooms, tires, gas, oil, and other required parts and materials. The City will not provide storage for any Contractor equipment.

8. Holiday Schedule - There will be no sweeping on the following observed holidays:
• New Year’s Day
• Martin Luther King Jr. Day
• Presidents’ Day
• Memorial Day
• Independence Day
• Labor Day
• Thanksgiving
• Christmas
The City will work with the Contractor to identify the makeup date to no conflict with the garbage pickup days.

9. Communications and Reports - The Contractor shall maintain an office or such other facility through which he/she can be contacted and from which he/she can maintain contact with the sweeping vehicles via cell phone or handheld radio services. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 7:00 a.m. to 4:30 p.m., Monday through Friday, except holidays. The Contractor shall also provide a 24-hour emergency contact telephone number. For communication and reports please follow the following guidelines:

• Complaints/Concerns regarding the street sweeping operations, which City staff consider justifiable and the responsibility of the Contractor, will be referred to the Contractor for immediate attention. Within two (2) days, the Contract shall submit to the Operations Division Manager a report of the action taken on each complaint. • Reports - Contractor shall submit a monthly report of curb miles swept by zones

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10. Global Position System (GPS) Tracking - All street sweepers shall have installed a Global Positioning System (GPS) that will enable the City to view via computer internet where the sweepers are at all times. The cost of the GPS will be the responsibility of the successful bidder and the system must be capable of the following:
• The GPS shall be Internet based and the Contractor shall provide the City two (2) accounts to have full access to the site

• The system shall be capable of gathering and reporting the following real time data; speed, direction, location on a map, address, and distance travelled • The sweeper’s path of travel shall be superimposed on the map • Generate daily GPS reports of sweep activity including the items listed above and the GPS report shall indicate date and time of service, vehicle identification and speed, broom or pick-up head down time, mileage and route
• Non-installation or improper functioning of the Global Positioning System (GPS) tracking on street sweepers may lead to contract termination due to breach of contract terms

11. Non-Compliance - In the event of persistent non-compliance with contractual requirements, particularly regarding the provision of real-time data and daily reports of sweep activity, the City reserves the right to pursue legal action or litigation against the Street Sweeping contractor. Any costs incurred as a result of legal proceedings will be borne by the contractor, including but not limited to legal fees, court costs, and any damages awarded by the court. It is imperative for the contractor to adhere to the terms of the contract to avoid such legal ramifications and uphold their obligations to the City of Pleasanton.

12. Liquidated Damages - The Contractor shall pay liquidated damages to the City in the sum of $1,500 for each and every day that street sweeping services are not completed on time and/or if streets are omitted. Omitted streets must be rescheduled with the Streets Division Supervisor or their designee by the following working day.

13. Damages - All damages shall be reported by Contractor to the City to determine repair responsibilities.

14. Inspections - The City will periodically inspect the work to assist in ensuring the work meets City's standards and Streets Division Supervisor or designee will be available during regularly scheduled hours to discuss and resolve any concerns of the contractor.

15. Water Meter & Recycled Water Meter – Both meters must be obtained through OSC Customer Service Center and follow the application process. There will be no fees applied for the meters to the Contractor.

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16. Disposal/Hauling of Debris from Collection – All accumulated debris will be dumped as the designated sweeper debris dumpsite located within the OSC yard.

17. Prox Card & Access to the OSC - Contractor will be responsible for coordinating with City staff to obtain a Prox Card for each assigned operator to gain access to the OSC.

18. Safety - All OSHA Safety Requirements must be adhered to by the Contractor and/or any subcontractors while on-site.

19. Curb Miles for Existing Streets - The Contractor shall have sixty (60) days from the execution of this Agreement to verify the estimated curb miles of the streets (see TABLE 1). The Contractor or the City may ask for an adjustment to the Agreement price if the actual curb miles, as verified by the Contractor and agreed to by the Operations Division Manager exceed by five percent (5%) of the estimated mileage by category.

TABLE 1.1 (Revised) – Total Curb Miles
Zone Curb Miles Times per Month Total Curb Miles
A-1 (Commercial) 9.75 ONCE 9.75
A-2 (Commercial) 15.65 ONCE 15.65
A-3 23.76 ONCE 23.76
A-4 28.11 ONCE 28.11
A-5 17.68 ONCE 17.68
A-6 14.31 ONCE 14.31
A-7 22.5 ONCE 22.5
B-1 27.85 ONCE 27.85
B-2 9.77 ONCE 9.77
B-3 10.92 ONCE 10.92
B-4 19.22 ONCE 19.22
B-5 24.67 ONCE 24.67
C-1 32.61 ONCE 32.61
C-2 18.06 ONCE 18.06
C-3 19.65 ONCE 19.65
C-4 42.05 ONCE 42.05
C-5 25.74 ONCE 25.74
D-1 13.2 ONCE 13.2
D-4 (Commercial) 17.09 ONCE 17.09
D-5 (Commercial) 21.89 ONCE 21.89
Downtown (Commercial) 18.33 TWICE PER WEEK 164.97
TOTALS 432.81 579.45
579.45 curb miles X 12 months 6,953.40
curb miles/year

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Street Sweeping Services
RFB 24.406

BID FORM/RATE SHEET - REVISED
(Required)
Bidder hereby certifies to City that all representations, certifications, and statements made by Bidder, as set forth in this Bid Form and attachments are true and correct and are made under penalty of perjury pursuant to the laws of California.

The cost quoted below shall include the composite price for labor and equipment, including all incidental power/hand tools, vehicles, travel expenses, as well as all overhead costs and is the cost the City will pay for the term of any contract that is a result of this bid. Prevailing Wages are Required for these Street Sweeping Services, that will fall under the Labor Classification of “Teamster”.

ROUTINE MAINTENANCE - Year 1 – August 1, 2024 – June 30, 2025 (11 months) Item
No. Item Description QUANTITY ANNUAL
UNIT
PRICE

MONTHLY
RATE
ANNUAL
COST

1. Street Sweeping – Curb Miles - Monthly Curb Miles 579.45, Annual 6,373.95 Rate/Total Curb Miles 6,374

2. *Parking Lot Sweeping – 1,193,743 Annual Square Feet Rate/Total Square Feet 1,193,743 XX XX

3. *Protected Bike Lanes – Monthly 17,000 Linear Feet, Annual 204,000 Linear Feet Rate/ Total Linear Feet 204,000 XX XX
TOTAL BID:
*Parking Lots & Protected Bike Lanes have been removed as of 6.5.24 UNSCHEDULED/ADDITIONAL SERVICES – YEAR 1
Item
No. Item Description Unit of Measure *Unit Price

4. As-Needed Response hourly
*Unit Price includes Driver & Street Sweeper
ROUTINE MAINTENANCE - Year 2 – July 1, 2025 – June 30, 2026 Item
No. Item Description QUANTITY ANNUAL
UNIT
PRICE

MONTLHY
RATE
ANNUAL
COST

1. Street Sweeping – Monthly Curb Miles 579.45, Annual 6,953.40 Rate/Total Curb Miles 6,954

2. *Parking Lot Sweeping – 1,193,743 Annual Square Feet Rate/Total Square Feet 1,193,743 XX XX

56.98 $33,017.08 $396,205.00
$200
$58.25 $33,753.00 $405,036.00
$396,205.00
$405,036.00

EXHIBIT B

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Street Sweeping Services
RFB 24.406
BID FORM/RATE SHEET - continued
(Required)
UNSCHEDULED/ADDITIONAL SERVICES – YEAR 2
Item
No. Item Description Unit of Measure *Unit Price

4. As-Needed Response hourly
*Unit Price includes Driver & Street Sweeper
ROUTINE MAINTENANCE - Year 3 – July 1, 2026 – June 30, 2027 Item
No. Item Description QUANTITY ANNUAL
UNIT
PRICE
MONTLY
COST
ANNUAL
COST

1. Street Sweeping – Monthly Curb Miles 579.45, Annual 6,953.40 Rate/Total Curb Miles 6,954

2. Parking Lot Sweeping – 1,193,743 Annual Square Feet
Rate/Total Square Feet 1,193,743 XX XX

3. Protected Bike Lanes – Monthly 17,000 Linear Feet, Annual 204,000 Linear Feet Rate/ Total Linear Feet 204,000 XX XX
TOTAL BID:
*Parking Lots & Protected Bike Lanes have been removed as of 6.5.24

UNSCHEDULED/ADDITIONAL SERVICES – YEAR 3
Item
No. Item Description Unit of Measure
*Unit
Price

4. As-Needed Response hourly
*Unit Price includes Driver & Street Sweeper
Company Name: Representative: ____________________
Signature: __________________________ Title: ____________________________

$210
$60.15 $34,853.92 $418,247.00
$215
$418,247.00

EXHIBIT B

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Street Sweeping Services
RFB 24.406

EXHIBIT B - ATTACHMENT II

ROUTE SCHEDULE
Zone Times per Month Day of Month
A-1 (Commercial) TWICE First & Third Tuesday
A-2 (Commercial) TWICE First & Third Wednesday
A-3 ONCE First Monday
A-4 ONCE Second Wednesday
A-5 ONCE Third Wednesday
A-6 ONCE Third Monday
A-7 ONCE Fourth Monday
B-1 ONCE Fourth Wednesday
B-2 ONCE Second Monday
B-3 ONCE Second Monday
B-4 ONCE Third Tuesday
B-5 ONCE Fourth Friday
C-1 ONCE First Friday
C-2 ONCE Third Friday
C-3 ONCE First Wednesday
C-4 A ONCE Frist Tuesday
C-4 B ONCE Second Tuesday
C-5 ONCE Second Friday
D-1 ONCE Fourth Tuesday
D-4 (Commercial) TWICE Second & Fourth Tuesday
D-5 (Commercial) TWICE Second Wednesday & Fourth Thursday Downtown (Commercial) TWICE PER WEEK Monday & Friday

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Item #15

CITY COUNCIL AGENDA REPORT
July 16, 2024
Public Works - Operations Division
TITLE: APPROVE THE PURCHASE OF AN ENFORCER LIGHT/BREATHING AIR HEAVY DUTY RESCUE FIRE ENGINE IN THE AMOUNT OF $1,565,172 AND

APPROVE A BUDGET AMENDMENT IN THE FIRE APPARATUS

REPLACEMENT FUND

SUMMARY
The current Engine Unit #618 (BS96) is a Breathing Support 1991 International Type 1 Fire Engine assigned to Fire Station #6 for the Livermore-Pleasanton Fire Department (LPFD). The primary function of BS96 is to respond to emergencies during firefighting operations. In addition, an air and light unit, also known as a breathing support unit or mobile air unit, is a specialized firefighting apparatus used by first responders to provide supplemental lighting and self-contained breathing apparatus cylinders and cylinder filling services at the scene of an emergency. During the apparatus' more than 33 years in operation, a total of $338,673 has been spent on parts and labor to maintain and repair. Once replaced, BS96 will be sent to public auction because the life expectancy has been exceeded. Staff recommends City Council approve the purchase of a Pierce Enforcer Light/Breathing Air Heavy-Duty Rescue Type 1 Fire Engine in the amount of $1,565,172 inclusive of approximately 10 percent contingency.

RECOMMENDATION
• Approve the purchase of the Pierce Enforcer Light/Breathing Air Heavy-Duty Rescue Type 1 Fire Engine for LPFD;
• Authorize the City Manager to execute a Purchase Order with Golden State Fire Apparatus Inc., in the amount of $1,565,172, inclusive of approximately 10 percent contingency; and
• Approve a budget amendment to the Fire Apparatus Replacement Fund to appropriate $1,565,172 in expenditure for this purchase.

BACKGROUND
The Enforcer Light/Breathing Air Heavy-Duty Rescue Type 1 Fire Engine has a standard useful lifespan of 15 years in frontline service, after which it is typically transitioned to reserve status. Cities, counties, and municipalities replace Type 1 Fire Engines every 10–15 years.

After fifteen years of frontline service, engines often serve an additional five years in reserve, leading to a total service life of approximately 20 years.

The existing Engine Unit #618 (BS96) has exceeded its standard service life by 13 years. The unit has 17,536 miles and 2,216 hours of service, significantly beyond the typical 15-year frontline service lifespan, followed by up to 5 additional years in reserve status. This unit serves within the Joint Powers Authority (JPA) for the LPFD, comprising 10 fire station that

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serve the Livermore and Pleasanton communities. Continued reliance on this outdated unit poses significant operational risks and inefficiencies, as the unit's age increases the likelihood of mechanical failures, potentially compromising the safety and effectiveness of first responders during critical incidents. The continued reliance on this outdated unit poses several risks:
• Operational Risks: The advanced age of the unit increases the likelihood of mechanical failures, which can result in downtime and reduced availability during critical incidents • Inefficiencies: The older unit may not meet current standards for efficiency and capability, potentially hindering the effectiveness of first responders • Safety Concerns: Mechanical failures and outdated technology could compromise first responders and public safety during emergencies.

Importance of Air Light and Rehabilitation Units
An air and light unit, also known as a breathing support unit or mobile air unit, is a specialized firefighting apparatus. These units provide supplemental lighting and self-contained breathing apparatus (SCBA) cylinder-filling services at emergency scenes. During prolonged incidents, where environments pose immediate dangers to life or health, first responders rely on SCBAs.

The air and light unit plays a crucial role by refilling depleted air cylinders using its onboard air compressor and cascade air tank system. It also carries spare air cylinders to ensure uninterrupted operations.

Unit Features and Capabilities
These highly customizable units can vary significantly between departments to meet specific operational needs. Key features include:
• Diesel Generators: Equipped with diesel generators to power portable lights and scene illumination equipment, often utilizing a roof-mounted telescoping light bank • Restroom Facilities: Designed with a single restroom to support prolonged incidents, enhancing the LPFD's ability to maintain an inclusive workforce • Incident Rehabilitation: This unit provides scene and incident rehabilitation, offering shelter from inclement weather and allowing personnel to enter a temperaturecontrolled space. The unit also provides access to drinking water and caloriereplacement nutrition bars, which are essential for maintaining the well-being of first responders during extended operations
• Electrical Power Supply: This can supply electrical power to emergency shelters, base camps, or medical facilities, ensuring continued functionality of essential services during crises.

DISCUSSION
Given the essential role of the air and light unit in supporting emergency response operations, it is imperative to replace the BS96 with a new, state-of-the-art unit. This investment will ensure that the LPFD is well-equipped to handle prolonged incidents efficiently and safely, maintaining high standards of service and preparedness. By updating to a modern air and light unit, the LPFD can continue to provide reliable support during emergencies, enhance the safety and effectiveness of first responders, and ensure compliance with current operational standards.

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Staff researched the types and styles of engines exhaustively. While there are many engine types, their purpose differs. The National Fire Protection Association (NFPA) classifies engines by type and function. A Type 1 Fire Truck is a structural firefighting truck designed to carry 3-4 firefighters and all required NFPA firefighting equipment, and is the most common type of Engine in use today.

Staff researched all potential manufacturers to select a vendor. Pierce Manufacturing Inc. (Pierce) was found to be the only vendor with any stock engines available for purchase. LPFD staff reviewed the apparatus specifications and procurement documents provided by Pierce and determined that the Enforcer Light/Breathing Air Heavy-Duty Rescue Type 1 Fire Engine met the general specifications; Pierce confirmed that it has the capacity to build the apparatus according to City specifications. Pierce quoted the City a price of $1,565,172 for the engine, inclusive of approximately 10 percent contingency. Staff found the bid from Pierce to be fair and reasonable.

Sourcewell Account # 113021-OKC, ID #211-Member #33554 (formerly known as NJPA) was established with the statutory purpose of assisting public agencies in meeting specific needs that are more efficiently delivered cooperatively than by an entity individually. Jurisdiction clients can utilize cooperative purchasing contracts through similar joint powers, intergovernmental cooperation, or cooperative purchasing laws in their respective jurisdictions.

Participating agencies include all eligible government, education, and nonprofit agencies nationwide and in Canada.

Due to ongoing supply chain problems, purchasing and delivering fire apparatus has become difficult. New fire apparatus purchases can take 45–48 months from the order date until delivery. Staff recommends ordering the selected apparatus during FY 2024/25 to meet the target of FY 2027/28 delivery.

EQUITY AND SUSTAINABILITY
Not applicable, as this item is a routine matter of City business.

OUTREACH
No outreach was conducted, as this item is a routine matter of City business.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide ONE Pleasanton strategic plan goal of Safeguarding our City: Strategy 1 - Assess the City’s overall emergency preparedness capabilities, resources, and tools and implement changes as needed to ensure the City is properly positioned to respond to disasters.

FISCAL IMPACT
This purchase will be funded by the Fire Apparatus Replacement Fund (Fund 513). Funding for Fund 513 is from the General Fund. Given the critical importance of this apparatus, staff recommends appropriating $1,565,172 in Org 51320113 and Object 440107 (Vehicles). With this purchase, after accounting for costs associated with prior purchases including three Type 6 Engines purchases and one Enforcer 1500 GPM Pumper Type 1 Fire Engine, the estimated fund balance is approximately $650,000, which is a very low reserve level considering the

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number of fire vehicles the City owns and their expected replacement costs. This $650,000 includes $250,000 in a one-time contribution from the General Fund that the City Council approved at its December 19, 2023 meeting based on staff's recommendation to allocate FY 2022/23 available fund balance. This type of additional contribution from the General Fund cannot be expected every year. Given the very low fund balance in the Fire Apparatus Replacement Fund, a near-term priority will be to build back up the reserve level.

Prepared by: Submitted by: Approved by:

David Luera, Operations &
Maintenance Manager
Siew-Chin Yeong, Director of Public
Works
Gerry Beaudin, City
Manager
Attachments:

1. Golden State Fire Apparatus Enforcer Light/Breathing Air Heavy-Duty Rescue Type 1 Fire Engine Type 1 Fire Engine quote

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PREPARED ESPECIALLY FOR:

CITY OF PLEASANTON
One (1) Pierce Manufacturing, Inc.

Enforcer Light/Breathing Air Heavy-Duty Rescue

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Product Proposal
Standard Terms and Conditions (Exhibit A)
Product Specifications (Exhibit B)
▪ Supporting Documents (If Applicable)
◦ Electrical Analysis
◦ Turning Radius Report
Product Warranties (Exhibit C)
Dealer Supplied Products and/or Services (Exhibit D)

TABLE OF CONTENTS
1 2
3 4
5 goldenstatefire.com

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JROGHQVWDWHĆUHFRP
PRODUCT 1 PROPOSAL

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OPTION A
100% PRE-PAYMENT
This will be the price of the Product(s)
contingent upon the Customer paying the
Grand Total Purchase Price to GSFA within
thirty (30) calendar days of the Executed Date
pursuant to the Payment Terms
Please note this discount is also available contingent upon a Third Party (Leasing Company) paying 100% of the Grand Total Purchase Price on behalf of the Customer to GSFA within thirty (30) calendar days of the Executed Date pursuant to the Payment Terms

IF YOU ELECT THIS OPTION,

IT RESULTS IN A SAVINGS OF
($212,278.25) OFF

OF THE GRAND TOTAL OF OPTION B

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goldenstatefire.com
7400 Reese Road, Sacramento, CA 95828 | 916.330.1638
PRODUCT PROPOSAL FOR:

City of Pleasanton
123 Main Street
Pleasanton, CA 94566
Sales Consultant
Mike Martinez
[email protected]
Mobile: (916) 704-7755
Golden State Fire Apparatus, Inc. (“GSFA”) is pleased to provide this proposal for the fire apparatus(es) and equipment identified below (the "Product”) to CITY OF PLEASANTON (“Customer”) for consideration. This proposal (this “Product Proposal”) includes the following exhibits attached hereto: the Standard Terms and Conditions attached as Exhibit A (the “Terms and Conditions”); the Product Specifications attached as Exhibit B (the “Specifications”); the Product Warranties attached as Exhibit C; and the Dealer Supplied Products and/or Services attached as Exhibit D (the “Dealer Supplied Products/Services List”) (all of the foregoing, collectively, the “Agreement”). Through its signature below or other Acceptance (as defined on page 2), Customer acknowledges having received and read, and agrees to be bound by, the Agreement. The Agreement shall be effective as of the latest date appearing in the signature blocks below (the “Executed Date”).

PAYMENT TERMS – Customer shall pay the total purchase price set forth directly above (the “Grand Total Purchase Price”) to GSFA within thirty (30) calendar days of the Executed Date. If payment of the Grand Total Purchase Price is late, a late fee as specified in section 6 of the Terms and Conditions may be applied, and the Prepayment Discount may be adjusted, and the Grand Total Purchase Price increased in accordance with section 2.c of the Terms and Conditions. Customer shall pay any balance due as a result of Change Orders as described in the Terms and Conditions.

MANUFACTURER – Customer acknowledges that GSFA is not an agent of the Product manufacturer identified above (“Manufacturer”) and is not capable of binding Manufacturer. Within five (5) business days of the Executed Date, GSFA shall submit an order form to the Manufacturer for the Product. GSFA’s further performance under the Agreement is contingent upon Manufacturer’s acceptance of such order form at the price and on the terms GSFA believed to be available when submitting this Product Proposal to Customer. If Manufacturer rejects such order as submitted or fails to respond to GSFA within a reasonable SUBMITTED DATE EXPIRATION DATE GSFA PROPOSAL # MANUFACTURER BID # MANUFACTURER CONSORTIUM 06/11/2024 07/31/2024 20611-24A 904 Pierce
Manufacturing Inc.

Sourcewell #113021-
OKC, ID #211 –
Member #33554

ITEM PRODUCT DESCRIPTION UNIT PRICE
A One (1) Pierce Manufacturing, Inc. Enforcer Light/Breathing Air Heavy-Duty Rescue 1,489,500.00 B Discount for 100% Payment at Time of Order (the “Prepayment Discount”) (192,100.00) C SUBTOTAL 1,297,400.00
D 10.25% State Sales Tax 132,983.50
E California Tire Fee 10.50
F 100% Performance Bond 3,490.00
G GRAND TOTAL PURCHASE PRICE 1,433,884.00

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goldenstatefire.com
7400 Reese Road, Sacramento, CA 95828 | 916.330.1638
amount of time, GSFA shall notify Customer in writing, and unless GSFA and Customer otherwise agree in writing, the Agreement shall then terminate and have no further force or effect.

PRODUCT COMPLETION – The Product shall be ready for final inspection by Customer at the manufacturing facility within approximately 42.5 to 45.5 MONTHS after the Executed Date. The foregoing estimate is provided as a good faith approximation as of the date of submission of this Product Proposal and is subject to the Terms and Conditions.

PREDELIVERY SERVICE – If applicable, after transportation from the manufacturing facility and prior to final delivery or pick up, the Product shall receive those additional Products and/or services identified on the Dealer Supplied Products/Services List. It is estimated that such a service will add approximately 0.5 to 1 MONTH(S) to the above Product completion estimate. The foregoing estimate is provided as a good faith approximation as of the date of submission of this Product Proposal and is subject to the Terms and Conditions.

PROPOSAL EXPIRATION – This Product Proposal supersedes any previous proposal(s) presented to Customer by GSFA and its employees and may be accepted by Customer on or before the Expiration Date identified above. Unless accepted by the Expiration Date, GSFA reserves the right to withdraw this Product Proposal or to alter its terms (including by providing updated Product pricing) prior to an order being accepted.

PURCHASE ORDER – Any PO shall be made out to: Golden State Fire Apparatus, Inc. – 7400 Reese Road – Sacramento, CA 95828.

ACCEPTANCE – ACCEPTANCE OF THIS PROPOSAL CREATES AN ENFORCEABLE BINDING AGREEMENT BETWEEN GSFA AND CUSTOMER. “ACCEPTANCE” MEANS THAT THE CUSTOMER DELIVERS TO GSFA: (A) A SIGNED COPY OF THIS PRODUCT PROPOSAL, OR (B) A SIGNED COPY OF A PURCHASE ORDER INCORPORATING THE AGREEMENT IN ITS ENTIRETY. ANY ADDITIONAL OR DIFFERENT TERMS, WHETHER CONTAINED IN CUSTOMER’S FORMS OR OTHERWISE PRESENTED BY CUSTOMER AT ANY TIME, ARE HEREBY REJECTED AND OF NO EFFECT UNLESS APPROVED IN WRITING SIGNED BY GSFA.

COUNTERPARTS - This Product Proposal may be executed in multiple counterparts, each of which shall be deemed an original (including copies sent to a party by electronic transmission) as against the party signing such counterpart, but which together shall constitute one and the same instrument. A signed copy of this Product Proposal delivered by facsimile, email or other means of electronic transmission will be deemed to have the same legal effect as delivery of an original signed copy of this Product Proposal.

If this Product Proposal is returned to GSFA with the signature of Customer’s authorized representative but without an attestation or co-signers signature, then absent Customer’s written notice to the contrary, GSFA shall be entitled to rely on such single signature as sufficient evidence of the signatory’s authority to execute the Agreement and bind Customer thereby.

INTENDING TO CREATE A BINDING AGREEMENT, Customer and GSFA have each caused this Product Proposal dated 06/11/2024, GSFA Proposal Number 20611-24A to be executed by their duly authorized representatives effective as of the Executed Date.

ACCEPTED AND AGREED TO BY CUSTOMER ACCEPTED AND AGREED TO BY GSFA __________________________________________________ _________________________________________________ Signature of Authorized Customer Representative Signature of Authorized GSFA Representative __________________________________________________ _________________________________________________ Print Name Print Name
__________________________________________________ _________________________________________________ Title Title
__________________________________________________ _________________________________________________ Date Date

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OPTION B

PAYMENT AT TIME OF DELIVERY OR PICKUP
This will be the price of the Product(s) contingent
upon the Customer paying the Grand Total
Purchase Price to GSFA at time of delivery or pickup
pursuant to the Payment Terms

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goldenstatefire.com
7400 Reese Road, Sacramento, CA 95828 | 916.330.1638
PRODUCT PROPOSAL FOR:

PAYMENT TERMS – Customer shall pay the total purchase price set forth directly above (the “Grand Total Purchase Price”) to GSFA no later than the time of GSFA’s delivery of the applicable Product to Customer’s address listed above (or Customer’s pick up of such Product at GSFA’s facilities, if approved by GSFA). GSFA shall have no obligation to deliver, or permit pick up of the Product if the Customer does not have full payment ready when the Product is complete and ready to deliver or pick up, as applicable. Customer shall pay any balance due as a result of Change Orders as described in the Terms and Conditions.

MANUFACTURER – Customer acknowledges that GSFA is not an agent of the Product manufacturer identified above (“Manufacturer”) and is not capable of binding Manufacturer. Within five (5) business days of the Executed Date, GSFA shall submit an order form to the Manufacturer for the Product. GSFA’s further performance under the Agreement is contingent upon Manufacturer’s acceptance of such order form at the price and on the terms GSFA believed to be available when submitting this Product Proposal to Customer. If Manufacturer rejects such order as submitted or fails to respond to GSFA within a reasonable amount of time, GSFA shall notify Customer in writing, and unless GSFA and Customer otherwise agree in writing, the Agreement shall then terminate and have no further force or effect.

SUBMITTED DATE EXPIRATION DATE GSFA PROPOSAL # MANUFACTURER BID # MANUFACTURER CONSORTIUM 06/11/2024 07/31/2024 20611-24B 904 Pierce
Manufacturing Inc.

Sourcewell #113021-
OKC, ID #211 –
Member #33554

ITEM PRODUCT DESCRIPTION UNIT PRICE
A One (1) Pierce Manufacturing, Inc. Enforcer Light/Breathing Air Heavy-Duty Rescue 1,489,500.00 B 10.25% State Sales Tax 152,673.75
C California Tire Fee 10.50
D 100% Performance Bond 3,978.00
E GRAND TOTAL PURCHASE PRICE 1,646,162.25

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goldenstatefire.com
7400 Reese Road, Sacramento, CA 95828 | 916.330.1638
PRODUCT COMPLETION – The Product shall be ready for final inspection by Customer at the manufacturing facility within approximately 42.5 to 45.5 MONTHS after the Executed Date. The foregoing estimate is provided as a good faith approximation as of the date of submission of this Product Proposal and is subject to the Terms and Conditions.

PURCHASE ORDER – Any PO shall be made out to: Golden State Fire Apparatus, Inc. – 7400 Reese Road – Sacramento, CA 95828.

INTENDING TO CREATE A BINDING AGREEMENT, Customer and GSFA have each caused this Product Proposal dated 06/11/2024, GSFA Proposal Number 20611-24B to be executed by their duly authorized representatives effective as of the Executed Date.

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JROGHQVWDWHĆUHFRP

STANDARD TERMS

AND CONDITIONS
Exhibit “A”
2

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1 STANDARD TERMS AND CONDITIONS

1. Definitions.

a. “Agreement” has the meaning given in the Product Proposal. b. “Customer” means the customer identified in the Product Proposal. c. “Dealer Preparation,” if applicable, means additional product(s) and/or services added by GSFA after Manufacturer’s completion of the Product and prior to delivery, in accordance with the Dealer Supplied Products/Services List.
d. “Delivery Date” means the Product Completion timeframe plus the Predelivery Service timeframe equals the Delivery Date.
e. “Dealer Supplied Products/Services List” means the Dealer Supplied Products and/or Services List attached to the Product Proposal as Exhibit D, which reflects all Dealer Preparation under the Agreement absent a valid Change Order(s).
f. “Grand Total Purchase Price” means the total purchase price for the Product identified in the Product Proposal (subject to any adjustments required or permitted by these Terms and Conditions, including by the execution of a valid Change Order(s).
g. “GSFA” means Golden State Fire Apparatus, Inc., a California corporation. h. “Manufacturer” means the person or persons, company, firm, corporation, partnership, or other organization identified in the Product Proposal as responsible for manufacturing the Product. i. “Party” or “Parties” means GSFA and/or Customer, as applicable. j. “Predelivery Service” means the Products and/or Services that will be provided by GSFA after transportation of the Product(s) from the manufacturing facility and prior to Final Delivery or Pick-Up. k. “Prepayment Discount” means a discount to the purchase price for the Product granted to Customer in connection with Customer’s advance payment of the Grand Total Purchase Price (or portion thereof, as specified in the Product Proposal).
l. “Product” means the fire apparatus(es) and any associated equipment listed in the Product Proposal and further described in the Specifications.
m. “Product Completion” means the fire apparatus(es) in the Product Proposal and further described in the Specifications being ready for final inspection by Customer at the manufacturing facility. n. “Product Proposal” means the GSFA proposal executed by Customer to which these Terms and Conditions are attached.
o. “Product Warranties” means the Manufacturer warranties for the Product attached to the Product Proposal as Exhibit C.
p. “Specifications” means the specifications for the Product attached to the Product Proposal as Exhibit B. q. “Terms and Conditions” means these Standard Terms and Conditions, which are attached to the Product Proposal as Exhibit A.

2. Purchase and Payment.
a. Purchase. Customer agrees to purchase the Product at the Grand Total Purchase Price (as such amount may be adjusted in accordance with these Terms and Conditions), pursuant to the payment terms set forth in the Product Proposal. The Grand Total Purchase Price is payable in U.S. dollars. b. Contingency Reserve Fund. The Grand Total Purchase Price may include an amount to be set aside for the purpose of funding any future costs or financial obligations incurred by Customer under the Product Proposal or any valid Change Order(s) (the “Contingency Reserve Fund”). If applicable, the amount of any required Contingency Reserve Fund will be set forth in either the Product Proposal or Exhibit D. The Contingency Reserve Fund may be withdrawn against by Customer or GSFA for the purpose of satisfying Customer’s payment obligations under the initial Product Proposal or any valid Change Order(s) (including, without limitation, a Change Order submitted by GSFA pursuant to Section 8.b). If a Contingency Reserve Fund is required under the Agreement, the amount of such fund is not intended as an estimate of the actual additional costs of contingencies, Change Orders, unforeseen items

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2 or other required work that may be incurred under the Agreement after submission of the Product Proposal to Customer, which amounts Customer acknowledges may exceed the Contingency Reserve Fund amount. The balance of any Contingency Reserve Fund will be credited against Customer’s payment obligations, or otherwise returned to Customer within thirty (30) calendar days of delivery of all Products under the Agreement (provided that Customer has paid all amounts owed under the Agreement as of such date). c. Prepayment Discount. If GSFA has granted Customer a Prepayment Discount, Customer must provide each associated prepayment (each, a “Prepayment”) within the time frame specified in the Product Proposal in order to receive such discount. Customer’s failure to timely make such Prepayment may result in: (i) GSFA’s termination of the Agreement; and/or (ii) Customer’s loss of the Prepayment Discount for the portion of the Grand Total Purchase Price represented by such outstanding Prepayment and the application of a late fee as set forth in Section 6, in each case in GSFA’s sole discretion.
d. State Sales Tax. Customer shall be responsible for the cost of state sales tax associated with, or attributable to, the Product. The taxes stated in the Product Proposal are subject to adjustment for the applicable state sales tax rate in effect at the time of delivery. Therefore, the sales tax set forth on the Product Proposal is only an estimate of such taxes and will be increased or decreased at the time of delivery if a change in the applicable sales tax rate has occurred, in which case Customer shall pay GSFA (or be refunded by GSFA) the difference in the applicable sales tax.

3. Product Completion Date. Within thirty (30) calendar days of the date on which the last required signatory executes the Product Proposal (such date, the “Executed Date”), GSFA shall submit to Customer a tentative Product completion date (which may differ from the Product completion estimate contained in the Product Proposal). Due to global supply chain constraints, any Product completion date contained herein, or in the Product Proposal, or otherwise provided to Customer, is a good faith estimate only as of the date provided to Customer, and merely an approximation based on current information available to GSFA and Manufacturer. Customer shall not be entitled to rely on any such estimate, and GSFA shall have no liability to Customer for a failure by GSFA or Manufacturer to meet any such estimate. All Product completion estimates are subject to modification and, if applicable, GSFA will provide updates to such estimates to Customer when available.

4. Stock / Demo Units. Notwithstanding any other provision contained in the Agreement (including Section 12 hereof concerning warranties), any Products constituting stock/demo unit(s) are sold to Customer on an as-is, first-come and first served-basis and GSFA makes no further representation or warranty to any customer with respect to such unit(s). Regardless of the terms of the Product Proposal, GSFA shall only be obligated to sell such stock/demo unit(s) to the first customer to enter into a purchase agreement with GSFA identifying such unit(s), and after the execution by GSFA of such agreement any subsequent purchase agreement (including the Agreement, as applicable) shall have no further force or effect with respect to such unit(s).

5. Multiple Unit Purchase. If the Grand Total Purchase Price includes pricing for multiple Products, the Product price stated in the Product Proposal shall only be valid if the quantity of Products being proposed are purchased at the same time, pursuant to the same Agreement. GSFA shall have no obligation to offer the same price for any Product if purchased by Customer pursuant to a later purchase agreement.

6. Late Fee; Storage Fee. A late fee equal to 0.033% of the outstanding portion of the Grand Total Purchase Price will be charged per calendar day for overdue payments beginning ten (10) calendar days after the payment is due and continuing for the first thirty (30) calendar days thereafter. After such thirty (30) calendar day period, the late fee shall increase to 0.044% per calendar day until payment of the outstanding portion of the Grand Total Purchase Price is received. If Customer is unable to satisfy the delivery requirements hereunder or is unwilling to take delivery of the Product, then GSFA shall be entitled to a storage charge running from the earlier of: (i) the date of delivery agreed to between GSFA and Customer (provided GSFA is willing and able to deliver the Product on such date), or (ii) twenty-one (21) calendar days after GSFA notifies Customer that the Product is available for delivery. The storage charge is equal to: (i) $175.00 per calendar day per apparatus stored, or (ii) the actual charges incurred by GSFA with a third party for storage of the Product, whichever is greater. Such storage charge shall continue until the actual time

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3 of delivery and Customer’s possession of the Product, and any such storage by GSFA or such third party shall be at the sole risk of Customer.

7. Delivery; Inspection and Acceptance.
a. Delivery. Subject to Section 5 hereof, the Product is scheduled to be delivered to the location and within the time period specified in the Product Proposal. Such delivery date is an estimate, and GSFA is, notwithstanding this Section 7.a, not bound to such date unless it otherwise agrees in a separate writing to complete delivery by a date certain. For the avoidance of doubt, GSFA is not responsible for delivery delays caused by or because of actions, omissions or conduct of Customer, the Manufacturer, or their respective employees, affiliates, suppliers, contractors, and carriers. Risk of loss for the Product shall pass to Customer at the point and time of delivery (which shall include an attempted delivery by GSFA which cannot be completed due to any act of Customer). However, title to the Product shall only pass to Customer upon delivery if Customer has then fully paid GSFA all amounts due hereunder (including additional amounts due under any valid Change Order). Absent GSFA’s separate written agreement, which it may or may not provide in its sole and absolute discretion, delivery of the Product will not occur before Customer has fully paid all amounts due under the Agreement and provided proof of insurance reasonably satisfactory to GSFA. If GSFA permits Customer to take possession of the Product, Customer may not mount equipment, conduct training, or place the Product into service until all amounts due under the Agreement have been paid. If Customer has ordered multiple Products, GSFA reserves the right to deliver such Products in installments and to separately invoice Customer for such Products.
b. Inspection and Acceptance. Upon delivery, Customer shall have ten (10) calendar days within which to inspect the Product for substantial conformance to the Specifications, and in the event of substantial nonconformance to the Specifications to furnish GSFA with written notice sufficient to permit GSFA to evaluate such non-conformance (“Notice of Nonconformance to Specifications”). Contingent upon part availability and Customer’s cooperation, any Product not in substantial conformance to material Specifications shall be remedied by GSFA (by repair or replacement, at GSFA’s election) within thirty (30) calendar days from GSFA’s receipt of the Notice of Nonconformance to Specifications. In the event GSFA does not receive a Notice of Nonconformance to Specifications within ten (10) calendar days of delivery, the Product will be deemed to be in conformance with Specifications and accepted by Customer.

8. Changes to Agreement Terms.
a. Change Orders. The Customer may request that GSFA incorporate a change to the Product or the Specifications for the Product, or GSFA may submit changes to the Agreement required or permitted to be made by GSFA (pursuant to Section 8.b or otherwise) by delivering a written Change Order to the other party hereto, which shall include a description of the proposed change sufficient to permit the receiving party to evaluate such change (either, a “Change Order”). For any Change Order submitted by Customer, GSFA will provide Customer a written response (a “Response”) stating (i) whether GSFA will accommodate such Change Order (which GSFA may decide in its sole and absolute discretion); and (ii) the terms of the modification to the order, including any increase or decrease in the Grand Total Purchase Price resulting from such Change Order, a date on which any increase in the Grand Total Purchase Price must be paid, and an estimate of any effect on production scheduling or delivery resulting from such Change Order. Customer shall have seven (7) calendar days after receipt of the Response to notify GSFA as to whether Customer desires to make the changes GSFA has approved in the Response. In the event Customer countersigns GSFA’s Response, Customer shall pay the increase (or be refunded the decrease) in the Grand Total Purchase Price by the date specified in the Response. GSFA may also send Customer a Change Order to account for any changes to the Agreement required or permitted to be made by GSFA (including those changes required pursuant to Section 8.b hereof), and such Change Order shall be effective upon delivery to Customer unless Customer elects to terminate the applicable Product order under the Agreement in accordance with Section 9.

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4 b. Additional Changes.
i. Component Price Volatility; Increases Imposed by Manufacturer. GSFA shall not be responsible for (i) any unforeseen price increase or surcharge enacted by suppliers of major components of the Product (including but not limited to commercial chassis, engine, transmission, and fire pump); or (ii) price increases imposed on GSFA by Manufacturer pursuant to Manufacturer’s terms and conditions for sale of the Product (a “Manufacturer Price Increase”), after Customer becomes bound by the Agreement. Customer shall be responsible for all amounts arising from any price increases for major components of the Product (including all associated taxes and fees thereon) for the Product or any Manufacturer Price Increases occurring after the execution of the Agreement which increases the cost of the Product to GSFA, and such amounts will be documented on a Change Order adjusting the Grand Total Purchase Price accordingly. Customer shall pay any such price increase prior to Product delivery. A Manufacturer Price Increase may include, but shall not be limited to, an increase in Product price resulting from an increase in the Producer Price Index of Components for Manufacturing (see www.bls.gov Series ID: WPUID6112) in excess of a compounded annual growth rate of five percent (5%), as measured between the month Manufacturer accepts the applicable Product order and the month that is fourteen (14) months prior to the then-current estimated Product completion date (the foregoing, a “PPI-Based Price Increase”). If, upon Customer’s receipt of a Change Order reflecting a PPI-Based Price Increase, Customer elects to terminate the applicable Product Order in accordance with Section 8.b.iii rather than pay such increase, then in lieu of the cancellation fees described in Section 9.a hereof GSFA shall be entitled to recover and Customer shall pay GSFA’s actual non-reimbursable costs incurred in connection with the Product order through the date of Customer’s termination of such Product order. ii. New Legal Standards. In the event the Product design, materials or specifications require an alteration arising from new regulations issued by any governmental entity or trade association, including, but not limited to, the NFPA, DOT, and EPA, and such alteration increases the cost of the Product to GSFA, Customer shall be responsible for changes to the Grand Total Purchase Price arising from such alteration. GSFA shall promptly notify Customer when it becomes aware of any potential or required change in regulations occurring prior to delivery that would impact the Product purchased.
iii. Change Orders. Customer shall execute any Change Order submitted by GSFA documenting any of the changes required or permitted by Sections 8.b.i and 8.b.ii above (which shall, to the extent practicable, itemize any increases in the Grant Total Purchase Price and specify a commercially reasonable date by which Customer must pay such increase), unless Customer instead elects to terminate the applicable Product order under the Agreement within fifteen (15) calendar days of Customer’s receipt of such Change Order and in accordance with Section 9.

Absent such a termination, failure to execute a Change Order does not alter Customer’s obligations under this Section 8.b.
c. Changes in Commercial Specifications. Specifications for all components of the Product manufactured by companies other than the Manufacturer are subject to change without notice. Specifications for such components will be as available at the time of manufacture of the Product. GSFA shall not be liable for any deviations in such specifications arising from a substitution of components or changes in the design of any component by their original manufacturer.

9. Termination.
a. By Customer. Customer may terminate a Product order identified in the Product Proposal or a Change Order by providing written notice to GSFA in accordance with Section 16 hereof. If Customer elects to terminate a Product order, Customer shall pay GSFA a cancellation fee as follows: (a) after the Product order is accepted and entered by GSFA, 10% of the portion of the Grand Total Purchase Price applicable to such Product (including all associated taxes, fees and costs) (such amount, the “Product Purchase Price”); (b) after completion of the preconstruction phase of the order process, 20% of the Product Purchase Price; and (c) after the requisition of any materials or commencement of any manufacturing or assembly of the Product by either GSFA or Manufacturer but before substantial completion of such Product, 50% of the Product Purchase Price. Customer shall not be permitted to terminate a Product order after substantial completion of manufacturing and assembly of such Product (excluding

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5 any Dealer Preparation or other pre-delivery services or untypical Product customization, if applicable).

Notwithstanding the foregoing, if the applicable tier of cancellation fee is not sufficient to cover all actual costs and fees incurred by GSFA with Manufacturer in connection with Customer’s termination of the Product order (“Manufacturer Termination Fees”), then in addition to such cancellation fee Customer shall pay the balance of all Manufacturer Termination Fees. If Customer received a Prepayment Discount, such discount shall not be considered for the purpose of calculating the above cancellation fee. The tier of cancellation fee applicable to any cancellation, as well as the determination of whether a Product has reached substantial completion, shall be in the sole and absolute discretion of GSFA. Customer may request a fee waiver, and GSFA, in its sole discretion, may agree to waive and/or adjust such fee. GSFA will return the balance of the Grand Total Purchase Price or Product Purchase Price, as applicable, within thirty (30) calendar days of the effective date of the cancellation of the Product order or termination of the Agreement.

Customer may terminate the Agreement for an Event of Default by GSFA after providing GSFA with written notice in accordance with Section 16 (which notice shall describe with reasonably particularity the Event of Default justifying such termination) if such Event of Default remains uncured (if capable of cure) thirty (30) days following GSFA’s receipt of such notice; provided, however, that the foregoing cure period shall continue if and for so long as GSFA has commenced and is continuing to undertake commercially reasonable efforts to cure such Event of Default as promptly as reasonably practicable.
b. By GSFA. GSFA may terminate the Agreement for an Event of Default by Customer after providing Customer with written notice in accordance with Section 16 (which notice shall describe with reasonably particularity the Event of Default justifying such termination) if such Event of Default remains uncured (if capable of cure) thirty (30) days following Customer’s receipt of such notice; provided, however, that the foregoing cure period shall continue if and for so long as Customer has commenced and is continuing to undertake commercially reasonable efforts to cure such Event of Default as promptly as reasonably practicable. Notwithstanding the foregoing, GSFA may terminate the Agreement effective immediately upon written notice to Customer for Customer’s failure to pay any amount owed under the Agreement when due.

Notwithstanding any other provision of this Agreement, if Customer terminates a Product order in accordance with Section 9.a above, GSFA may elect to instead terminate the Agreement upon notice to Customer in accordance with Section 16 hereof. If GSFA terminates the Agreement in accordance with this Section 9.b, Customer shall pay the applicable tier of cancellation fee for all Products pursuant to Section 9.a above as if Customer had elected to terminate each applicable Product order.
c. Based on Discontinuation or Cancellation by Manufacturer. In the event that Manufacturer cancels a Product order (provided that such cancellation is not the result of an act by Customer in violation of the Agreement) or discontinues the manufacture of a Product prior to its completion and delivery: (i) if such Product is the only Product contemplated under the Agreement, then the Agreement shall terminate; or (ii) if additional Products are contemplated under the Agreement, then only the Product order for the applicable cancelled or discontinued Product shall be terminated. Such Agreement termination or Product termination, as applicable, shall be effective upon GSFA’s written notice to Customer of such cancellation or discontinuance in accordance with Section 16 hereof.

GSFA’s only obligation to Customer in such event shall be the return of any Prepayment paid by Customer for the cancelled or discontinued Product. For the avoidance of doubt, the cancellation fees contemplated in Section 9.a hereof shall not apply in the event of a termination pursuant to this Section 9.c.

10. Customer’s Obligations. Customer shall provide its timely and best efforts to cooperate with GSFA and Manufacturer during the Product manufacturing process. Reasonable and timely cooperation includes, without limitation, Customer’s providing timely information in response to any requests from Manufacturer or GSFA and the participation of Customer’s authorized representatives in traveling to Manufacturer’s facility for inspections and approval of the Product, including a final approval before the Product leaves Manufacturer’s facility.

11. Representations and Warranties. Customer hereby represents and warrants to GSFA as of the Executed Date that the execution of the Agreement and the purchase of the Product(s) and performance of the other obligations

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6 of Customer under the Agreement have been approved by Customer in accordance with applicable general laws and, as applicable, Customer’s charter, ordinances, purchasing policies, and other governing documents, and executed by the appropriate Customer employees, officials, and/or representatives, and funding for Customer’s performance of its obligations under the Agreement has been duly budgeted and appropriated by Customer.

12. Standard Warranty. All applicable Manufacturer warranties are contained in the Product Warranties. Any additional warranties must be expressly approved in a writing signed by GSFA, and Customer acknowledges and agrees that Manufacturer will not be liable for any such additional warranties. a. Disclaimer. OTHER THAN AS EXPRESSLY SET FORTH IN THE AGREEMENT, GSFA, ITS AFFILIATES, AND THEIR

RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, DO NOT MAKE

ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCT (WHETHER RELATING TO THE CONDITION

OR QUALITY OF THE PRODUCT, OR OTHERWISE) PROVIDED HEREUNDER OR OTHERWISE REGARDING THE

AGREEMENT (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY APPLICABLE DEALER PREPARATION), WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, ANY

IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE IMPLIED WARRANTY AGAINST INFRINGEMENT, THE

IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE ARE EXPRESSLY EXCLUDED AND DISCLAIMED.

STATEMENTS MADE BY SALES CONSULTANTS OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES. b. Exclusions of Incidental and Consequential Damages. In no event shall GSFA be liable for consequential, incidental, or punitive damages incurred by Customer in connection with any matter arising out of or relating to the Agreement, or the breach thereof, even if GSFA has been advised of the possibility of such damages, and regardless of whether such damages arise out of breach of warranty, the Agreement, indemnity, whether resulting from nondelivery or from GSFA’s own negligence, or otherwise, except and solely to the extent such damages arise from the gross negligence or willful misconduct of GSFA.

13. Default. The occurrence of one or more of the following events (each, an “Event of Default”) shall constitute a default under the Agreement: (a) Customer’s failure to pay any amounts due or to perform any of its obligations under the Agreement; (b) GSFA’s failure to perform any of its obligations under the Agreement; (c) either Party becoming insolvent or becoming subject to bankruptcy or insolvency proceedings; (d) any representation made by either Party under the Agreement which is false in any material respect; (e) any action by Customer to dissolve, merge, consolidate or transfer a substantial portion of its property to another entity during the term of the Agreement; (f) any other material breach of the terms of the Agreement by a Party; or (g) a default or breach by Customer under any other agreement with GSFA or its affiliates.

14. Indemnification of GSFA. Customer shall indemnify, defend, and hold harmless GSFA, its agents, servants, successors and assigns from and against all losses, damages, injuries, claims, demands and expenses, including attorneys’ fees and other legal expenses, of whatever nature (“Damages”), to the extent Damages arise out of or in connection with: (i) Customer’s breach of the Agreement, or (ii) Customer’s use, storage, or operation of the Product following delivery, regardless of where, how, and by whom operated (excluding any negligent operation by GSFA).

The indemnification and assumptions of liability and obligation herein provided shall continue in full force and effect notwithstanding the termination of the Agreement, whether by expiration of time, by operation of law or otherwise.

This provision is not intended to and shall not constitute the exclusive remedy of the Parties under the Agreement; the Parties may seek indemnity from one another under other legal principles, whether based in equity or law, so long as they do not nullify or cancel the effects of this paragraph.

15. Force Majeure. GSFA shall not be responsible nor deemed to be in default of any provision of the Agreement on account of delays in performance due to causes which are beyond GSFA’s or Manufacturer’s control and which make GSFA’s performance impracticable, including but not limited to wars, insurrections, strikes or labor unrest, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of federal, state or local government, failure or delays in transportation, inability to obtain necessary labor, supplies or manufacturing facilities, supply chain issues, allocation regulations or orders affecting materials, equipment, facilities or completed

Page 331 of 782 ends

7 products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorism, failure of transportation, disease, pandemics or epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their agreements or labor troubles causing cessation, slowdown, or interruption of work.

16. Notice. Any notices, requests, consents, claims, demands, waivers and other communications required or permitted to be given hereunder must be given in writing at the address of each Party set forth below, or to such other address as either Party may substitute by written notice to the other in accordance with this Section 16, by one of the following methods: hand delivery; registered, express, or certified mail, return receipt requested, postage prepaid; or nationally recognized private express courier. All such communications will be deemed to have been given: (i) when delivered by hand (with written confirmation of receipt); (ii) on the third (3rd) calendar day after the date mailed, by registered, express or certified mail; or (iii) when delivered by the addressee if sent by a nationally recognized private express courier.

GSFA: CUSTOMER:

Golden State Fire Apparatus Inc. To the address listed in the Product Proposal 7400 Reese Road
Sacramento, CA 95828

17. Contradictions. In the event of a conflict between the Agreement and any Change Order, or between Change Orders, the terms of the latest executed Change Order shall control.

18. Manufacturer’s Statement of Origin. It is agreed that the manufacturer’s statement of origin (“MSO”) for the Product covered by the Agreement, if applicable, shall be retained and remain in the possession of GSFA per California Department of Vehicles (DMV) directives. Notwithstanding the foregoing, GSFA shall provide Customer with the original MSO if the Customer is self-registering, and Customer shall comply with all good-faith Process of Duty and other DMV requirements applicable to the Product and retain its own MSO.

19. Assignment. The relationship of the Parties established under the Agreement is that of independent contractors and neither Party is a partner, employee, agent, or joint venturer of or with the other. Neither Party may assign its rights and obligations under the Agreement unless it has obtained the prior written approval of the other Party.

20. Governing Law; Jurisdiction; Disputes. Without regard to any conflict of laws provisions, the Agreement is to be governed by and under the laws of the state of California. Prior to taking any legal action that may and/or can arise out of the Agreement, the Parties shall first attempt mediation with an agreed upon mediator. If the Parties cannot agree upon a mediator within thirty (30) calendar days of the submission of written notice of a dispute in accordance with Section 16 hereof, if any disputed matter remain unresolved within thirty (30) calendar days of the commencement of discussions, or if any party refuses to meet, then either party may submit any remaining disputes concerning and/or claim regarding the Agreement and/or the terms and conditions herein to the Superior Court, County of Sacramento (and the parties expressly consent to exclusive personal jurisdiction and venue before such court).

21. Entire Agreement; Amendments. The Agreement, including the Product Proposal, its exhibits, and all valid Change Orders, is the exclusive agreement between the Parties regarding the subject matter contained herein and therein. No change in, modification of, or revision of the Agreement shall be valid unless in writing and signed by duly authorized representatives of both Parties with authority to sign such amendments to the Agreement.

END OF STANDARD TERMS AND CONDITIONS

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JROGHQVWDWHĆUHFRP

PRODUCT

SPECIFICATIONS
Exhibit “B”
3

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Proposal Details Report
OptionCode Type Option ProposalText
0766614 Boiler Plates, Heavy Duty Rescue

GSFA is pleased to submit a proposal to Livermore Pleasanton Fire Department for a Pierce® Heavy Duty Rescue per your request for quotation. The following paragraphs will describe in detail the apparatus, construction methods, and equipment proposed. This proposal will indicate size, type, model and make of components parts and equipment, providing proof of compliance with each and every item (except where noted) in the departments advertised specifications.

PIERCE MANUFACTURING was founded in 1913. Since then we have been building bodies with one philosophy, "BUILD THE FINEST". Our skilled craftsmen take pride in their work, which is reflected, in the final product. We have been building fire apparatus since the early "forties" giving Pierce Manufacturing over 75 years of experience in the fire apparatus market. Pierce Manufacturing has built and put into service more than 62,500 apparatus, including more than 33,900 on Pierce custom chassis designed and built specifically for fire and emergency applications. Our Appleton, Wisconsin facility has over 870,000 total square feet of floor space situated on approximately 105 acres of land. Our Bradenton, Florida facility has 300,000 square feet of floor space situated on approximately 38 acres of land.

Our beliefs in high ethical standards are carried through in all of our commitments and to everyone with whom we do business. Honesty, Integrity, Accountability and Citizenship are global tenets by which we all live and work. Consequently, we neither engage in, nor have we ever been convicted of price fixing, bid rigging, or collusion in any domestic or international fire apparatus market.

Pierce has only one brand of fire apparatus "Pierce", ensuring you are receiving top of the line product that meets your specification.

In accordance with the current edition of applicable NFPA standards, this proposal will specify whether the fire department, manufacturer, or apparatus dealership will provide required loose equipment.

Images and illustrative material in this proposal are as accurate as known at the time of publication, but are subject to change without notice. Images and illustrative material is for reference only, and may include optional equipment and accessories and may not include all standard equipment.

GENERAL DESIGN AND CONSTRUCTION
To control quality, ensure compatibility, and provide a single source for service and warranty, the custom cab, chassis, pump module and body will be entirely designed, assembled/welded and painted in Pierce owned manufacturing facilities. This includes, but not limited to the cab weldment, the pumphouse module assembly, the chassis assembly, the body and the electrical system.

QUALITY AND WORKMANSHIP
Pierce has set the pace for quality and workmanship in the fire apparatus field. Our tradition of building the highest quality units with craftsmen second to none has been the rule right from the beginning and we demonstrate that ongoing commitment by: Ensuring all steel welding follows American Welding Society D1.1-2004 recommendations for structural steel welding. All aluminum welding follows American Welding society and ANSI D1.2-2003 requirements for structural welding of aluminum. All sheet metal welding follows American welding Society B2.1-2000 requirements for structural welding of sheet metal. Our flux core arc welding uses alloy rods, type 7000 and is performed to American Welding Society standards A5.20-E70T1. Furthermore, all employees classified as welders are tested and certified to meet the American welding Society codes upon hire and every three (3) years thereafter. Pierce also employs and American Welding Society certified welding inspector in plant during working hours to monitor weld quality.

Pierce Manufacturing operates a Quality Management System under the requirements of ISO 9001. These standards sponsored by the International Organization for Standardization (ISO) specify the quality systems that are established by the manufacturer for design, manufacture, installation and service. A copy of the certificate of compliance is included with this proposal.

In addition to the Quality Management system, we also employ a Quality Achievement Supplier program to ensure the vendors and suppliers that we utilize meet the high standards we demand.

That is just part of our overall "Quality at the Source" program at Pierce.

To demonstrate the quality of our products and services, a list of at least twenty five (25) fire departments/municipalities that have purchased vehicles for a second time is provided.

DELIVERY
The apparatus will be delivered under its own power to ensure proper break-in of all components while the apparatus is still under warranty. A qualified delivery representative shall deliver the apparatus and remain for a sufficient length of time to instruct personnel in proper operation, care and maintenance of the equipment delivered.

MANUAL AND SERVICE INFORMATION
At time of delivery, complete operation and maintenance manuals covering the apparatus will be provided. A permanent plate will be mounted in the driver's compartment specifying the quantity and type of fluids required including engine oil, engine coolant, transmission, pump transmission lubrication, pump primer and drive axle.

SAFETY VIDEO
At the time of delivery Pierce will also provide one (1) 39-minute, professionally produced apparatus safety video, in DVD format. A link to the video is also available on the Pierce Training website. This video will address key safety considerations for personnel to follow when they are driving, operating, and maintaining the apparatus, including the following: vehicle pre-trip inspection, chassis operation, pump operation, aerial operation, and safety during maintenance.

PERFORMANCE TESTS
A road test will be conducted with the apparatus fully loaded and a continuous run of no less than 6/11/2024
Customer: LIVERMORE-PLEASANTON FD
(City of Pleasanton)
Bid Number: 904
Representative Martinez, Mike Job Number:

Requirements Manager: Organization: Golden State Fire Apparatus, Inc Description: Livermore Pleasanton Light and
Chassis: Enforcer Chassis
Body: HDR, Non-Walk-In, Aluminum
Bid #: 904 1

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ten (10) miles. During that time the apparatus will show no loss of power nor will it overheat. The transmission drive shaft or shafts and the axles will run quietly and be free of abnormal vibration or noise. The apparatus when fully loaded will not have less than 25 percent nor more than 50 percent on the front axle, and not less than 50 percent nor more than 75 percent on the rear axle.

The apparatus will meet the current edition of applicable NFPA standards acceleration and braking requirements.

SERVICE AND WARRANTY SUPPORT
Pierce dealership support will be provided by GSEVS by operating a Pierce authorized service center. The service center will have factory-trained mechanics on staff versed in Pierce fire apparatus. The service facility will be located within seventy five (75) miles of the fire department.

In addition to the dealership, Pierce has service facilities located in both, Weyauwega, Wisconsin and Bradenton, Florida. Pierce also maintains a dedicated parts facility of over 100,000 square feet in Appleton, Wisconsin. The parts facility stocks in excess of $5,000,000 in parts dedicated to service and replacement parts. The parts facility employs a staff dedicated solely for the distribution and shipment of service and replacement parts.

Service parts for the apparatus being proposed can be found via Pierceparts.com which, is an interactive online tool that delivers information regarding your specific apparatus as well as the opportunity to register for training classes.

As a Pierce customer you have the ability to view the complete bill of materials for your specific apparatus, including assembly drawings, piece part drawings, and beneficial parts notations. You will also have the ability to search the complete Pierce item master through a parts search function which offers all Pierce SKU's and descriptions offered on all Pierce apparatus. Published component catalogs, which include proprietary systems along with an extensive operator's manual library is available for easy reference.

Pierce Manufacturing maintains a dedicated service and warranty staff of over 35 personnel, dedicated to customer support, which also maintains a 24 hour 7 day a week toll free hot line, four (4) on staff EVTs, and offers hands-on repair and maintenance training classes multiple times a year.

LIABILITY
The successful bidder will defend any and all suits and assume all liability for the use of any patented process including any device or article forming a part of the apparatus or any appliance furnished under the contract.

INSURANCE PROVIDED BY BIDDER

COMMERCIAL GENERAL LIABILITY INSURANCE
The successful bidder will, during the performance of the contract and for three (3) years following acceptance of the product, keep in force at least the following minimum limits of commercial general liability insurance:

Each Occurrence $1,000,000
Products/Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
General Aggregate $2,000,000
Coverage will be written on a Commercial General Liability form. The policy will be written on an occurrence form and will include Contractual Liability coverage for bodily injury and property damage subject to the terms and conditions of the policy. The policy will include Owner as an additional insured when required by written contract.

COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
The successful bidder will, during the performance of the contract, keep in force at least the following minimum limits of commercial automobile liability insurance and coverage will be written on a Commercial Automobile liability form:

Each Accident Combined Single Limit: $1,000,000

UMBRELLA/EXCESS LIABILITY INSURANCE
The successful bidder will, during the performance of the contract and for three (3) years following acceptance of the product, keep in force at least the following minimum limits of umbrella liability insurance:

Aggregate: $3,000,000
Each Occurrence: $3,000,000
The umbrella policy will be written on an occurrence basis and at a minimum provide excess to the bidder's General Liability and Automobile Liability policies.

The required limits can be provided by one (1) or more policies provided all other insurance requirements are met.

Coverage will be provided by a carrier(s) rated A- or better by A.M. Best.

All policies will provide a 30-day notice of cancellation to the named insured. The Certificate of Insurance will provide the following cancellation clause: Should any of the above described polices be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions.

Bidder agrees to furnish owner with a current Certificate of Insurance with the coverages listed above along with the bid. The certificate will show the purchaser as certificate holder.

INSURANCE PROVIDED BY MANUFACTURER

PRODUCT LIABILITY INSURANCE
The manufacturer will, during the performance of the contract and for three (3) years following acceptance of the product, keep in force at least the following minimum limits of Product Liability insurance:

Each Occurrence $1,000,000
Products/Completed Operations Aggregate $1,000,000
Coverage will be written on a Commercial General Liability form. The policy will be written on an occurrence form. The manufacturer's policy will include the owner as additional insured when required by written contract between the Owner and a Pierce authorized dealer.

UMBRELLA/EXCESS LIABILITY INSURANCE
The manufacturer will, during the performance of the contract and for three (3) years following acceptance of the product, keep in force at least the following minimum limits of umbrella liability insurance:

Each Occurrence: $25,000,000
Aggregate: $25,000,000
The umbrella policy will be written on an occurrence basis and provide excess to the manufacturer's General Liability/Products policies.

The required limits can be provided by one (1) or more policies provided all other insurance requirements are met.

Bid #: 904 2

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Coverage will be provided by a carrier(s) rated A- or better by A.M. Best.

Manufacturer agrees to furnish owner with a current Certificate of Insurance with the coverages listed above along with the bid. The certificate will show the purchaser as the certificate holder. 0661794 Single Source Compliance

SINGLE SOURCE MANUFACTURER
Pierce Manufacturing, Inc. provides an integrated approach to the design and manufacture of our products that delivers superior apparatus and a dedicated support team. From our facilities, the chassis, cab weldment, cab, pumphouse (including the sheet metal enclosure, valve controls, piping and operators panel) and body will be entirely designed, tested, and hand assembled to the customer's exact specifications. The electrical system either hardwired or multiplexed, will be both designed and integrated by Pierce Manufacturing. The warranties relative to these major components (excluding component warranties such as engine, transmission, axles, pump, etc.) will be provided by Pierce as a single source manufacturer. Pierce's single source solution adds value by providing a fully engineered product that offers durability, reliability, maintainability, performance, and a high level of quality.
0584456 Manufacture Location, Appleton,
Wisconsin
Your apparatus will be manufactured in Appleton, Wisconsin. 0584452 RFP Location: Appleton, Wisconsin

0588609 Vehicle Destination, US
0816491 Comply NFPA 1900 Changes
Effective Jan 1, 2024, With
Exceptions
NFPA 2024 STANDARDS
This unit will comply with the NFPA standards effective January 1, 2024, except for fire department directed exceptions. These exceptions will be set forth in the Statement of Exceptions.

Certification of slip resistance of all stepping, standing and walking surfaces will be supplied with delivery of the apparatus.

All horizontal surfaces designated as a standing or walking surface that are greater than 48.00" above the ground must be defined by a 1.00" wide line along its outside perimeter. Perimeter markings and designated access paths to destination points will be identified on the customer approval print and are shown as approximate. Actual location(s) will be determined based on materials used and actual conditions at final build. Access paths may pass through hose storage areas and opening or removal of covers or restraints may be required. Access paths may require the operation of devices and equipment such as the aerial device or ladder rack.

A plate that is highly visible to the driver while seated will be provided. This plate will show the overall height, length, and gross vehicle weight rating.

The manufacturer will have programs in place for training, proficiency testing and performance for any staff involved with certifications.

An official of the company will designate, in writing, who is qualified to witness and certify test results.
0533352 Special Services (Rescue) Fire
Apparatus
0588614 Vehicle Certification, Rescue

0681285 Agency, Apparatus Certification,
Rescue, U.L.

NFPA COMPLIANCY
Apparatus proposed by the bidder will meet the applicable requirements of the National Fire Protection Association (NFPA) as stated in current edition at time of contract execution. Fire department's specifications that differ from NFPA specifications will be indicated in the proposal as "non-NFPA".

GENERATOR TEST
If the unit has a generator, the generator will be tested, approved, and certified by Underwriters Laboratories at the manufacturer's expense. The test results will be provided to the Fire Department at the time of delivery.

BREATHING AIR TEST
If the unit has breathing air, Pierce Manufacturing will draw an air sample from the air system and certify that the air quality meets the requirements of NFPA 1989, Standard on Breathing Air Quality for Fire and Emergency Services Respiratory Protection. 0816495 Certification, Vehicle Inspection
Program, NFPA 1900

VEHICLE INSPECTION PROGRAM CERTIFICATION
To assure the vehicle is built to current NFPA 1900 standards, the apparatus, in its entirety, will be third-party, independent, audit-certified through Underwriters Laboratory (UL) that it is built and complies to all applicable standards in the current edition. The certification includes: all design, production, operational, and performance testing of not only the apparatus, but those components that are installed on the apparatus.

A placard will be affixed in the driver's side area stating the third party agency, the date, the standard and the certificate number of the whole vehicle audit.

Bid #: 904 3

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0092138 Highly Customized Product (HCP) PRODUCT CHANGES AND IMPROVEMENTS Our components and processes, as described in this proposal document, are as accurate as known at the time of bid submission, but are subject to change for the purpose of product or process improvements, or changes in industry standards providing the change does not affect the meaning or definition of the bid specifications.
0766110 Consortium, Sourcewell

0535579 Not Required, Unit of Measure, (no
pump, no tank)
0030006 Bid Bond Not Requested

BID BOND NOT REQUESTED
A bid bond will not be included. If requested, the following will apply:

All bidders will provide a bid bond as security for the bid in the form of a 5 percent bid bond to accompany their bid. This bid bond will be issued by a Surety Company who is listed on the U.S.

Treasury Departments list of acceptable sureties as published in Department Circular 570. The bid bond will be issued by an authorized representative of the Surety Company and will be accompanied by a certified power of attorney dated on or before the date of bid. The bid bond will include language, which assures that the bidder/principal will give a bond or bonds as may be specified in the bidding or contract documents, with good and sufficient surety for the faithful performance of the contract, including the Basic One (1) Year Limited Warranty, and for the prompt payment of labor and material furnished in the prosecution of the contract.

Notwithstanding any document or assertion to the contrary, any surety bond related to the sale of a vehicle will apply only to the Basic One (1) Year Limited Warranty for such vehicle. Any surety bond related to the sale of a vehicle will not apply to any other warranties that are included within this bid (OEM or otherwise) or to the warranties (if any) of any third party of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. In the event of any contradiction or inconsistency between this provision and any other document or assertion, this provision will prevail.
0816571 Performance Bond, 100% with 25%
Warranty Bond, 1 Yr, and Payment
Bond, PPI Terms
PERFORMANCE BOND, 1 YEAR
The successful bidder will furnish a Performance and Payment bond (Bond) equal to 100 percent of the total contract amount within 30 days of the notice of award. Such Bond will be in a form acceptable to the Owner and issued by a surety company included within the Department of Treasury's Listing of Approved Sureties (Department Circular 570) with a minimum A.M. Best Financial Strength Rating of A and Size Category of XV. In the event of a bond issued by a surety of a lesser Size Category, a minimum Financial Strength rating of A+ is required.

Bidder and Bidder's surety agree that the Bond issued hereunder, whether expressly stated or not, also includes the surety's guarantee of the vehicle manufacturer's Basic One (1) Year Limited Warranty period included within this proposal. Owner agrees that the penal amount of this bond will be simultaneously amended to 25 percent of the total contract amount upon satisfactory acceptance and delivery of the vehicle(s) included herein. Notwithstanding anything contained within this contract to the contrary, the surety's liability for any warranties of any type will not exceed one (1) year from the date of such satisfactory acceptance and delivery, or the actual Basic One (1) Year Limited Warranty period, whichever is shorter.

Due to global supply chain constraints, any delivery date contained herein is a good faith estimate as of the date of this order/contract, and merely an approximation based on current information. Delivery updates will be made available, and a final firm delivery date will be provided as soon as possible.

If the Producer Price Index of Components for Manufacturing [www.bls.gov Series ID:

WPUID6112] ("PPI") has increased at a compounded annual growth rate of 5.0% or more between the month Pierce accepts the order ("Order Month") and a month 14 months prior to the then predicted Ready For Pickup date ("Evaluation Month"), then pricing may be updated in an amount equal to the increase in PPI over 5.0% for each year or fractional year between the Order Month and the Evaluation Month.

The seller will document any such updated price for the customer's approval before proceeding and provide an option to cancel the order.
0000007 Approval Drawing APPROVAL DRAWING
A drawing of the proposed apparatus will be prepared and provided to the purchaser for approval before construction begins. The Pierce sales representative will also be provided with a copy of the same drawing. The finalized and approved drawing will become part of the contract documents. This drawing will indicate the chassis make and model, location of the lights, siren, horns, compartments, major components, etc.

A "revised" approval drawing of the apparatus will be prepared and submitted by Pierce to the purchaser showing any changes made to the approval drawing. 0517327 Drawing, As Built, At Delivery a
Revised Print w/ Changes

FINAL DRAWING
There will be a revised drawing of the truck with all the changes made during production provided at pickup.
0002928 Electrical Diagrams ELECTRICAL WIRING DIAGRAMS
Two (2) electrical wiring diagrams, prepared for the model of chassis and body, will be provided.

Bid #: 904 4

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0649754 Enforcer Chassis

ENFORCER CHASSIS
The Pierce Enforcer™ is the custom chassis developed exclusively for the fire service. Chassis provided will be a new, tilt-type custom fire apparatus. The chassis will be manufactured in the apparatus body builder's facility eliminating any split responsibility. The chassis will be designed and manufactured for heavy-duty service, with adequate strength, capacity for the intended load to be sustained, and the type of service required. The chassis will be the manufacturer's first line tilt cab.
0000110 Wheelbase WHEELBASE
The wheelbase of the vehicle will be 210".
0000070 GVW Rating GVW RATING
The gross vehicle weight rating will be 42,000#.
0729280 Frame Rails, 13.38 x 3.50 x .375,
Enforcer
FRAME
The chassis frame will be built with two (2) steel channels bolted to five (5) cross members or more, depending on other options of the apparatus. The side rails will have a 13.38" tall web over the front and mid sections of the chassis, with a continuous smooth taper to 10.75" over the rear axle. Each rail will have a section modulus of 25.992 cubic inches and a resisting bending moment (rbm) of 3,119,040 in-lb over the critical regions of the frame assembly, with a section modulus of 18.96 cubic inches with an rbm of 2,275,200 in-lb over the rear axle. The frame rails will be constructed of 120,000 psi yield strength heat-treated 0.38" thick steel with 3.50" wide flanges.
0889469 Frame Liner, "C/Inv L" 12.50" x 3.00"
x .25", AXT/Vel/Imp/Enf, 56" QVal

FRAME REINFORCEMENT
In addition, a mainframe internal liner will be provided. The liner will be an internal "C" design that steps to an internal "L" design over the rear axle. It will be heat-treated steel measuring 12.50" x

3.00" x 0.25" through the front portion of the liner, stepping to 9.38" x 3.00" x 0.25" through the rear portion of the liner. Each liner will have a section modulus of 13.58 cubic inches, yield strength of 110,000 psi, and rbm of 1,494,042 in-lb. Total rbm at wheelbase center will be 4,391,869 in-lb.

The frame liner will be mounted inside of the chassis frame rail and extend the full length of the frame.
0633906 Axle, Front, Oshkosh TAK-4, Non
Drive, 18,000 lb, Enforcer

FRONT NON DRIVE AXLE
The Oshkosh TAK-4® front axle will be of the independent suspension design with a ground rating of 18,000 lb.

Upper and lower control arms will be used on each side of the axle. Upper control arm castings will be made of 100,000-psi yield strength 8630 steel and the lower control arm casting will be made of 55,000-psi yield ductile iron.

The center cross members and side plates will be constructed out of 80,000-psi yield strength steel.

Each control arm will be mounted to the center section using elastomer bushings. These rubber bushings will rotate on low friction plain bearings and be lubricated for life. Each bushing will also have a flange end to absorb longitudinal impact loads, reducing noise and vibrations.

There will be nine (9) grease fittings supplied, one (1) on each control arm pivot and one (1) on the steering gear extension.

The upper control arm will be shorter than the lower arm so that wheel end geometry provides positive camber when deflected below rated load and negative camber above rated load.

Camber at load will be zero degrees for optimum tire life.

The ball joint bearing will be of low friction design and be maintenance free.

Toe links that are adjustable for alignment of the wheel to the center of the chassis will be provided.

The wheel ends must have little to no bump steer when the chassis encounters a hole or obstacle.

The steering linkage will provide proper steering angles for the inside and outside wheel, based on the vehicle wheelbase.

The axle will have a turning angle of up to 45 degrees. 0633905 Suspension, Front TAK-4, 18,000 lb,
Enforcer/SFR

FRONT SUSPENSION
Front Oshkosh TAK-4™ independent suspension will be provided with a minimum ground rating of 18,000 lb.

The independent suspension system will be designed to provide maximum ride comfort. The design will allow the vehicle to travel at highway speeds over improved road surfaces and moderate speeds over rough terrain with minimal transfer of road shock and vibration to the vehicle's crew compartment.

Each wheel will have a torsion bar type spring. In addition, each front wheel end will have energy absorbing jounce bumpers to prevent bottoming of the suspension.

The suspension design will have at least 10.00" of total wheel travel and a minimum of 3.75" before suspension bottoms.

The torsion bar anchor lock system allows for simple lean adjustments without the use of shims.

One can adjust for a lean within fifteen minutes per side. Anchor adjustment design is such that it allows for ride height adjustment on each side.

The independent suspension completed durability testing that simulated 140,000 miles of inner city driving.

Bid #: 904 5

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0087572 Shock Absorbers, KONI, TAK-4,
Qtm/AXT/Imp/Vel/DCF/Enf

FRONT SHOCK ABSORBERS
KONI heavy-duty telescoping shock absorbers will be provided on the front suspension. 0000322 Oil Seals, Front Axle FRONT OIL SEALS
Oil seals with viewing window will be provided on the front axle. 0582936 Tires, Front, Goodyear, G289 WHA,
315/80R22.50, 20 ply

FRONT TIRES
Front tires will be Goodyear® 315/80R22.50 radials, 20 ply G289 WHA tread, rated for 20,400 lb maximum axle load and 68 mph maximum speed.
0019575 Wheels, Front, Alcoa, 22.50" x 9.00",
Aluminum, Hub Pilot
The tires will be mounted on Alcoa 22.50" x 9.00" polished aluminum disc wheels with a ten (10) stud, 11.25" bolt circle.
0530458 Axle, Rear, Meritor RS24-160, 24,000
lb, Saber/Enforcer

REAR AXLE
The rear axle will be a Meritor™, Model RS-24-160, with a capacity of 24,000 lb. 0544253 Top Speed of Vehicle, 68 MPH /109
KPH

TOP SPEED OF VEHICLE
A rear axle ratio will be furnished to allow the vehicle to reach a top speed of 68 mph / 109 kph. 0555350 Suspen, Rear, Hendrickson FMX 242
EX, Air Ride, 24,000 lb

REAR SUSPENSION
Rear suspension will be a Hendrickson FMX 242 EX, air ride with a ground rating of 24,000 lb.

The suspension will have the following features:
- Heavy-duty shock absorbers to protect air springs from overextension - Heavy-duty torque rods and bushings
- Premium, heavy-duty rubber bushings require no lubrication - Integrated stabilizer design results in greater stability - Low spring rate air springs for excellent ride quality - Dual height control valves to maintain level vehicle from side to side 0000485 Oil Seals, Rear Axle

REAR OIL SEALS
Oil seals will be provided on the rear axle(s).
0782552 Tires, Rear, Goodyear, Endurance
RSA, 12R22.50, LRH, Single

REAR TIRES
Rear tires will be four (4) Goodyear 12R22.50 radials, load range H, Endurance RSA highway tread, rated for 27,120 lb maximum axle load and 75 mph maximum speed. 0019625 Wheels, Rear, Alcoa, 22.50" x 8.25",
Aluminum, Hub Pilot, Single
The tires will be mounted on Alcoa 22.50" x 8.25" polished aluminum disc wheels with a ten (10) stud 11.25" bolt circle.
0568081 Tire Balancing, Counteract Beads

TIRE BALANCE
All tires will be balanced with Counteract balancing beads. The beads will be inserted into the tire and eliminate the need for wheel weights.
0819008 No Tire Pressure Indicator, Fire
Department Omits, Non-NFPA 2024
Compliant

TIRE PRESSURE INDICATOR
NFPA 1900, 2024 edition, section 7.14.6 requires each tire be equipped with a visual indicator or monitoring system that indicates tire pressure.

Per Fire Department specification, a tire pressure indicator is not on the apparatus as manufactured. This apparatus will be non-compliant to NFPA 1900 standards effective at time of contract execution.
0003245 Axle Hub Covers w/center hole, S/S,
Front Axle

FRONT HUB COVERS
Stainless steel hub covers will be provided on the front axle. An oil level viewing window will be provided.
0001960 Axle Hub Covers, Rear, S/S, High
Hat (Pair)

REAR HUB COVERS
A pair of stainless steel high hat hub covers will be provided on rear axle hubs. 0002045 Mud Flap, Front and Rear, Pierce
Logo

MUD FLAPS
Mud flaps with a Pierce logo will be installed behind the front and rear wheels. 0012045 Mud Flap, Rear, Pierce Logo

MUD FLAPS
Mud flaps with a Pierce logo will be installed behind the rear wheels.

Bid #: 904 6

Page 339 of 782 ends

Pleasanton City CouncilJuly 16, 2024

Pleasanton City Council
July 16, 2024