Pleasanton City Council
August 19, 2025

Master Services and Purchasing Agreement

Disclosures
 Axon enables the Client to share digital evidence to the defense through the following methods as determined by Client and Axon:

1. Public Defender Case Sharing

2. Disclosure Portal

3. Download Links
Training
 Agency Trainers. Axon works with the Agency to identify the Agency trainers receiving instruction on the product. Axon provides a training guide that outlines the covered topics, intended audience, facility needs, and duration of the training. Axon will schedule a cadence of remote training sessions as needed, which are not to exceed three (3) 2-hour training sessions for Agency staff. Each session can accommodate up to 20 users and will train them in full system functionality. Training sessions provided by Axon are conducted on consecutive weekdays (Tuesday-Thursday) during normal business hours (9am-6pm with an hour break in between sessions). After the initial training, is responsible for any future training. Axon provides all training materials for successful training.
 Partner Agencies: Axon will provide Train the Trainer training to the Agency so that it is equipped to train and support their partner agencies. Ensuring the partner agencies are trained to follow the ingestion method is the Agency’s responsibility.

Go-Live Plan
Axon works in partnership with the Agency to build, coordinate, and execute a Go-Live plan to ensure successful system acceptance. Axon coordinates the Go-Live event.

Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
Post go-live review

12. Out of Scope Services
. Axon is only responsible to perform the professional services described in the Quote, this Appendix, and any applicable SOW. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.

13. Delivery of Services
. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays.

Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Customer travel time by Axon personnel to Customer premises as work hours.

14. Access Computer Systems to Perform Services
. Customer authorizes Axon to access relevant Customer computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Customer.

Customer is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Customer.

15. Site Preparation
. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices ("User Documentation"). User Documentation will include all required environmental specifications for the professional services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Customer or Axon), Customer must prepare the location(s) where Axon Devices are to be installed (" Installation Site ") per the environmental specifications in the Axon Device User Documentation. Following installation, Customer must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Customer when Axon generally releases it

16. Acceptance
. When Axon completes professional services, Axon will present an acceptance form (" Acceptance Form") to Customer. Customer will sign the Acceptance Form acknowledging completion. If Customer reasonably believes Axon did not complete the professional services in substantial conformance with this Agreement, Customer must notify Axon in writing of the specific reasons for rejection within seven (7) calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within seven (7) calendar days of delivery of the Acceptance Form, Axon will deem Customer to have accepted the professional Version: 22
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services.

17. Customer Network . For work performed by Axon transiting or making use of Customer’s network, Customer is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Customer’s network from any cause.

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TASER Device Appendix
This TASER Device Appendix applies to Customer’s TASER 7, TASER 10, OSP 7, OSP 10, OSP Plus, OSP 7 Plus Premium and OSP 10 Plus Premium purchase from Axon, if applicable.

1. Duty Cartridge Replenishment Plan . If the Quote includes " Duty Cartridge Replenishment Plan ", Customer must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Customer may not resell cartridges received. Axon will only replace cartridges used in the line of duty.

2. Training
. If the Quote includes a TASER On Demand Certification subscription, Customer will have on-demand access to TASER Instructor and TASER Master Instructor courses only for the duration of the TASER Subscription Term. Axon will issue a maximum of ten (10) TASER Instructor vouchers and ten (10) TASER Master Instructor vouchers for every thousand TASER Subscriptions purchased. Customer shall utilize vouchers to register for TASER courses at their discretion; however, Customer may incur a fee for cancellations less than 10 business days prior to a course date or failure to appear to a registered course. The voucher has no cash value. Customer cannot exchange voucher for any other Device or Service. Any unused vouchers at the end of the Term will be forfeited. A voucher does not include any travel or other expenses that might be incurred related to attending a course.

3. Limited Warranty
.

3.1. “Deployment” means use of the TASER weapon resulting in the discharge of the conducted energy weapon (“CEW”) cartridge probe. For TASER 10 each probe discharged is consider one Deployment and for TASER 7 the dual probe discharged is considered one Deployment.

3.2. Single User Warranty. If the TASER Device is assigned and used by a single user, Axon warrants that Axon- manufactured TASER Device is free from defects in workmanship and materials for the earlier of: (i) one (1) year from the date of Customer’s receipt or (ii) 100 Deployments per year or a total of 500 Deployments over 5 years.

3.3. Pooled User Warranty . If the TASER Device is assigned and used by multiple users, Axon warrants that Axon-manufactured TASER Device is free from defects in workmanship and materials for the earlier of: (i) one (1) year from the date of Customer’s receipt or (ii) 100 Deployments per year or a total of 500 Deployments over 5 years.

3.4. Training User Devices . If the TASER Device is used for training, Axon warrants that Axon-manufactured TASER Device is free from defects in workmanship and materials for the earlier of: (i) one (1) year from the date of Customer’s receipt or (ii) 100 Deployments per year or a total of 500 Deployments over 5 years.

3.5. CEW Cartridges. Used CEW cartridges are deemed to have operated properly.

3.6. Miscellaneous. The following sections the Warranty Section in the MSPA shall apply to the TASER Devices:

Disclaimer, Claims, Spare Axon Devices and Limitations.

3.7. Registration. Prior to use of the TASER Device, Customer must register each TASER Device in TASER Device Axon Evidence tenancy as a single user, pooled or training device. Failure to properly register the TASER Device prior to its use may void the warranty at Axon’s sole discretion.

4. Extended Warranty
. If the Quote includes an extended warranty, the extended warranty coverage period begins upon the expiration of the Limited Warranty. Each additional year of the warranty purchased will be in accordance with the applicable Limited Warranty category above. The maximum warranty period for an individual TASER Device will be five (5) years including the initial Limited Warranty.

5. Trade-in
. If the Quote contains a discount on CEW-related line items and that discount is contingent upon the trade-in of hardware, Customer must return used hardware and accessories associated with the discount (" Trade- In Units") to Axon within the below prescribed timeline. Customer must ship batteries via ground shipping. Axon will provide Customer with a pre-paid shipping label for the return of the Trade-In Units. If Axon does not receive Trade- In Units within the timeframe below, Axon will invoice Customer the value of the trade-in credit. Customer may not destroy Trade-In Units and receive a trade-in credit.

Customer Size Days to Return from Start Date of TASER 10 Subscription Less than 100 officers 60 days
100 to 499 officers 90 days
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500+ officers 180 days

6. TASER Device Subscription Term . The TASER Device Subscription Term for a standalone TASER Device purchase begins on shipment of the TASER Device. The TASER Device Subscription Term for OSP 7/10 begins on the OSP 7/10 start date.

7. Access Rights . Upon Axon granting Customer a TASER Device Axon Evidence subscription, Customer may access and use Axon Evidence for the storage and management of data from TASER Devices devices during the TASER Device Subscription Term. Customer may not exceed the number of end users the Quote specifies.

8. Customer Warranty.

If Customer is located in the US, Customer warrants and acknowledges that TASER 10 is classified as a firearm and is being acquired for official Customer use pursuant to a law enforcement agency transfer under the Gun Control Act of 1968.

9. Purchase Order.

To comply with applicable laws and regulations, Customer must provide a purchase order to Axon prior to shipment of TASER 10.

10. Apollo Grant (US only). If Customer has received an Apollo Grant from Axon, Customer must pay all fees in the Quote prior to upgrading to any new TASER Device offered by Axon.

11. Termination . If payment for TASER Device is more than thirty (30) days past due, Axon may terminate Customer’s TASER Device plan by notifying Customer. Upon termination for any reason, then as of the date of termination:

11.1.TASER Device extended warranties and access to Training Content will terminate. No refunds will be given.

11.2.Customer will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER Device plan.

11.3.Axon will invoice Customer the remaining MSRP for TASER Devices received before termination. If terminating for non-appropriation, Axon will not invoice Customer if Customer returns the TASER Device, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within thirty (30) days of the date of termination.

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Master Services and Purchasing Agreement
Axon Auto-Tagging Appendix
If Auto-Tagging is included on the Quote, this Appendix applies.

1. Scope . Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Customer’s Computer-Aided Dispatch (" CAD") or Records Management Systems (" RMS"). This allows End Users to auto-populate Axon video meta-data with a case ID, category, and location-based on data maintained in Customer’s CAD or RMS.

2. Support . For thirty (30) days after completing Auto-Tagging Services, Axon will provide up to five (5) hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence , if Customer maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because Customer changes its CAD or RMS.

3. Changes
. Axon is only responsible to perform the Services in this Appendix for Auto-Tagging and any applicable SOW. Any additional Services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule.

4. Customer
Responsibilities . Axon’s performance of Auto-Tagging Services requires Customer to:

4.1. Make available relevant systems, including Customer’s current CAD or RMS, for assessment by Axon (including remote access if possible);

4.2. Make required modifications, upgrades or alterations to Customer’s hardware, facilities, systems and networks related to Axon’s performance of Auto-Tagging Services;

4.3. Provide access to the premises where Axon is performing Auto-Tagging Services, subject to Customer safety and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services;

4.4. Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services;

4.5. Promptly install and implement any software updates provided by Axon;

4.6. Ensure that all appropriate data backups are performed;

4.7. Provide assistance, participation, and approvals in testing Auto-Tagging Services;

4.8. Provide Axon with remote access to Customer’s Axon Evidence account when required;

4.9. Notify Axon of any network or machine maintenance that may impact the performance of the module at Customer; and

4.10. Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon.

5. A
ccess to Systems . Customer authorizes Axon to access Customer’s relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify the resources and information Axon expects to use and will provide an initial list to Customer. Customer is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Customer.

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Axon Respond Appendix
This Axon Respond Appendix applies to Axon Respond, Axon Respond Device Plus, and Device Connectivity if any are included on the Quote.

1. Axon Respond Subscription Term . If Customer purchases Axon Respond as part of a combined offering on a Quote, the Axon Respond subscription begins on the later of the (1) start date of that offering within the Quote, or (2) date Axon provisions Axon Respond to Customer. If Customer purchases Axon Respond as a standalone, the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to Customer, or (2) first day of the month following the Effective Date. The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Respond.

2. Scope of
Axon Respond . The scope of Axon Respond is to assist Customer with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Customer uses Axon Respond outside this scope, Axon may initiate good-faith discussions with Customer on upgrading Customer’s Axon Respond to better meet Customer’s needs.

3. Axon Body
LTE Requirements . Axon Respond is only available and usable with an LTE enabled body-worn camera. Axon is not liable if Customer utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon’s choice to provide LTE service. Axon may change LTE carriers during the Term without Customer’s consent.

4. Axon Fleet LTE Requirements
. Axon Respond is only available and usable with a Fleet 3 system configured with LTE modem and service. Customer is responsible for providing LTE service for the modem. Coverage and availability of LTE service is subject to Customer’s LTE carrier.

5. Axon Respond Service Limitations
. Customer acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area, and other causes reasonably outside of the carrier’s control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service.

5.1. With regard to Axon Body, Partner networks are made available as-is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Customer expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Customer is not a third-party beneficiary of any agreement between Axon and the underlying carrier.

6. Termination
. Upon termination of this Agreement, or if Customer stops paying for Axon Respond or combined offerings that include Axon Respond, Axon will end Axon Respond services, including any Axon-provided LTE service.

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Add-on Services Appendix
This Appendix applies if Axon Community Request, Axon Redaction Assistant, and/or Axon Performance are included on the Quote.

1. Subscription Term . If Customer purchases Axon Community Request, Axon Redaction Assistant, or Axon Performance as part of OSP 7 or OSP 10, the subscription begins on the later of the (1) start date of the OSP 7 or OSP 10 Term, or (2) date Axon provisions Axon Community Request, Axon Redaction Assistant, or Axon Performance to Customer.

1.1. If Customer purchases Axon Community Request, Axon Redaction Assistant, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Community Request, Axon Redaction Assistant, or Axon Performance to Customer, or (2) first day of the month following the Effective Date.

1.2. The subscription term will end upon the completion of the Axon Evidence Subscription associated with the add-on.

2. Axon Community Request Storage . For Axon Community Request, Customer may store an unlimited amount of data submitted through the public portal (" Portal Content"), within Customer’s Axon Evidence instance. The post- termination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content.

3. Performance Auto-Tagging Data . In order to provide some features of Axon Performance to Customer, Axon will need to store call for service data from Customer’s CAD or RMS.

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Axon Virtual Reality Content Terms of Use Appendix
If Virtual Reality is included on the Quote, this Appendix applies.

1. Term . The Quote will detail the products and license duration, as applicable, of the goods, services, and software, and contents thereof, provided by Axon to Customer related to virtual reality (collectively, "Virtual Reality Media").

2. Headsets . Customer may purchase additional virtual reality headsets from Axon. In the event Customer decides to purchase additional virtual reality headsets for use with Virtual Reality Media, Customer must purchase those headsets from Axon.

3. License Restrictions . All licenses will immediately terminate if Customer does not comply with any term of this Agreement. If Customer utilizes more users than stated in this Agreement, Customer must purchase additional Virtual Reality Media licenses from Axon . Customer may not use Virtual Reality Media for any purpose other than as expressly permitted by this Agreement. Customer may not:

3.1. modify, tamper with, repair, or otherwise create derivative works of Virtual Reality Media;

3.2. reverse engineer, disassemble, or decompile Virtual Reality Media or apply any process to derive the source code of Virtual Reality Media, or allow others to do the same;

3.3. copy Virtual Reality Media in whole or part, except as expressly permitted in this Agreement;

3.4. use trade secret information contained in Virtual Reality Media;

3.5. resell, rent, loan or sublicense Virtual Reality Media;

3.6. access Virtual Reality Media to build a competitive device or service or copy any features, functions, or graphics of Virtual Reality Media; or

3.7. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Virtual Reality Media or any copies of Virtual Reality Media.

4. Privacy
. Customer’s use of the Virtual Reality Media is subject to the Axon Virtual Reality Privacy Policy, a current version of which is available at https://www.axon.com/axonvrprivacypolicy.

5. Termination . Axon may terminate Customer’s license immediately for Customer’s failure to comply with any of the terms in this Agreement.

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Axon Application Programming Interface Appendix
This Appendix applies if Axon’s API Services or a subscription to Axon Cloud Services are included on the Quote.

1. Definitions .

1.1. " API Client" means the software that acts as the interface between Customer’s computer and the server, which is already developed or to be developed by Customer.

1.2. " API Interface" means software implemented by Customer to configure Customer’s independent API Client Software to operate in conjunction with the API Service for Customer’s authorized Use.

1.3. " Axon Evidence Partner API, API or Axon API " (collectively " API Service ") means Axon’s API which provides a programmatic means to access data in Customer’s Axon Evidence account or integrate Customer’s Axon Evidence account with other systems.

1.4. " Use" means any operation on Customer’s data enabled by the supported API functionality.

2. Purpose and Lice nse .

2.1. Customer may use API Service and data made available through API Service, in connection with an API Client developed by Customer. Axon may monitor Customer’s use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Customer agrees to not interfere with such monitoring or obscure from Axon Customer’s use of API Service. Customer will not use API Service for commercial use.

2.2. Axon grants Customer a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Customer’s Use in connection with Customer’s API Client.

2.3. Axon reserves the right to set limitations on Customer’s use of the API Service, such as a quota on operations, to ensure stability and availability of Axon’s API. Axon will use reasonable efforts to accommodate use beyond the designated limits.

3. Configuration
. Customer will work independently to configure Customer’s API Client with API Service for Customer’s applicable Use. Customer will be required to provide certain information (such as identification or contact details) as part of the registration. Registration information provided to Axon must be accurate. Customer will inform Axon promptly of any updates. Upon Customer’s registration, Axon will provide documentation outlining API Service information.

4. Customer
Responsibilities . When using API Service, Customer and its End Users shall not:

4.1. use API Service in any way other than as expressly permitted under this Agreement;

4.2. use in any way that results in, or could result in, any security breach to Axon;

4.3. perform an action with the intent of introducing any virus, worm, defect, Trojan horse, malware, or any item of a destructive nature to Axon Devices and Services;

4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or net works providing API Service;

4.5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software;

4.6. create an API Interface that functions substantially the same as API Service and offer it for use by third parties;

4.7. provide use of API Service on a service bureau, rental or managed services basis or permit other individuals or entities to create links to API Service;

4.8. frame or mirror API Service on any other server, or wireless or Internet-based device;

4.9. make available to a third-party, any token, key, password or other login credentials to API Service;

4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes; or

4.11. disclose Axon’s API manual.

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5. API Content . All content related to API Service, other than Customer Content or Customer’s API Client content, is considered Axon’s API Content, including:

5.1. the design, structure and naming of API Service fields in all responses and requests;

5.2. the resources available within API Service for which Customer takes actions on, such as evidence, cases, users, or reports;

5.3. the structure of and relationship of API Service resources; and

5.4. the design of API Service, in any part or as a whole.

6. Prohibitions on API Content
. Neither Customer nor its End Users will use API content returned from the API Interface to:

6.1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;

6.2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third-party;

6.3. misrepresent the source or ownership; or

6.4. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices).

7. API Updates
. Axon may update or modify the API Service from time to time (" API Update"). Customer is required to implement and use the most current version of API Service and to make any applicable changes to Customer’s API Client required as a result of such API Update. API Updates may adversely affect how Customer’s API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Customer to update API Client to the most current version of API Service. Axon will provide support for one (1) year following the release of an API Update for all depreciated API Service versions.

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FUSUS Appendix

1. Access . Upon Axon granting Customer a subscription to FUSUS cloud services in the Quote, Customer may access and use FūsusONE Real Time Interoperability Solution services to for the purpose of viewing and managing Customer Content. Some Customer content contained in Axon Evidence may not be accessible or transferable to the FUSUS cloud services.

2. Product Limits. The following limitations apply to the below products:

Lite Basic Pro Enterprise Enterprise Plus
Total Number of Managed End Points 150 150 500 1500 4500 Max Number of Video Streams Connected 0 150 500 1500 4500 Indefinite Cloud Storage 2TB 5TB 10TB 30TB
Overages may result in additional fees or the need to upgrade products.

3. Disclaimer. Customer is responsible for use of any internet access devices and/or all third-party hardware, software, services, telecommunication services (including Internet connectivity), or other items used by Customer to access the service (“Third-Party Components”) are the sole and exclusive responsibility of Customer, and Axon has no responsibility for such Third-party Components, FUSUS cloud services, or Customer relationships with such third parties. Customer agrees to at all times comply with the lawful terms and conditions of agreements with such third parties. Axon does not represent or warrant that the FUSUS cloud services and the Customer Content are compatible with any specific third-party hardware or software or any other Third-Party Components. Customer is responsible for providing and maintaining an operating environment as reasonably necessary to accommodate and access the FUSUS cloud services.

4. Data Privacy. Axon may collect, use, transfer, disclose and otherwise process Customer Content in the context of facilitating communication of data with Customer through their use of FUSUS cloud services FUSUS app (iOS or Android interface), complying with legal requirements, monitoring the Customer’s use of FUSUS systems, and undertaking data analytics. Customer Content saved in Axon Cloud Services is the sole property of Customer and may not be distributed by Axon to any third parties outside of the Customer’s organization without the Customer’s expressed written consent.

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Axon Investigate Appendix
If the Quote includes Axon's On Prem Video Suite known as Axon Investigate or Third Party Video Support License, the following appendix shall apply.

1. License Grant . Subject to the terms and conditions specified below and upon payment of the applicable fees set forth in the Quote, Axon grants to Customer a nonexclusive, nontransferable license to install, use, and display the Axon Investigate software ("Software") solely for its own internal use only and for no other purpose, for the duration of subscription term set forth in the Quote. This Agreement does not grant Customer any right to enhancements or updates, but if such are made available to Customer and obtained by Customer they shall become part of the Software and governed by the terms of this Agreement.

2. Third
-Party Licenses . Axon licenses several third-party codecs and applications that are integrated into the Software. Users with an active support contract with Axon are granted access to these additional features. By accepting this agreement, Customer agrees to and understands that an active support contract is required for all of the following features: DNxHD output formats, decoding files via the "fast indexing" method, proprietary file metadata, telephone and email support, and all future updates to the software. If Customer terminates the annual support contract with Axon, the features listed above will be disabled within the Software. It is recommended that users remain on an active support contract to maintain the full functionality of the Software.

3. Restrictions on Use
. Customer may not permit any other person to use the Software unless such use is in accordance with the terms of this Agreement. Customer may not modify, translate, reverse engineer, reverse compile, decompile, disassemble or create derivative works with respect to the Software, except to the extent applicable laws specifically prohibit such restrictions. Customer may not rent, lease, sublicense, grant a security interest in or otherwise transfer Customer’s rights to or to use the Software. Any rights not granted are reserved to Axon.

4. Term
. For purchased perpetual Licenses only—excluding Licenses leased for a pre-determined period, evaluation licenses, companion licenses, as well as temporary licenses--the license shall be perpetual unless Customer fails to observe any of its terms, in which case it shall terminate immediately, and without additional prior notice. The terms of Paragraphs 1, 2, 3, 5, 6, 8 and 9 shall survive termination of this Agreement. For licenses leased for a pre- determined period, for evaluation licenses, companion licenses, as well as temporary licenses, the license is granted for a period beginning at the installation date and for the duration of the evaluation period or temporary period as agreed between Axon and Customer.

5. Title
. Axon and its licensors shall have sole and exclusive ownership of all right, title, and interest in and to the Software and all changes, modifications, and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), regardless of the form or media in which the original or copies may exist, subject only to the rights and privileges expressly granted by Axon. This Agreement does not provide Customer with title or ownership of the Software, but only a right of limited use.

6. Copies
. The Software is copyrighted under the laws of the United States and international treaty provisions.

Customer may not copy the Software except for backup or archival purposes, and all such copies shall contain all Axon’s notices regarding proprietary rights as contained in the Software as originally provided to Customer. If Customer receives one copy electronically and another copy on media, the copy on media may be used only for archival purposes and this license does not authorize Customer to use the copy of media on an additional server.

7. Ac
tions Required Upon Termination . Upon termination of the license associated with this Agreement, Customer agrees to destroy all copies of the Software and other text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Software that are provided by Axon to Customer ("Software Documentation") or return such copies to Axon. Regarding any copies of media containing regular backups of Customer's computer or computer system, Customer agrees not to access such media for the purpose of recovering the Software or online Software Documentation.

8. Export Controls
. None of the Software, Software Documentation or underlying information may be downloaded or otherwise exported, directly or indirectly, without the prior written consent, if required, of the office of Export Administration of the United States, Department of Commerce, nor to any country to which the U.S. has embargoed goods, to any person on the U.S. Treasury Department’s list of Specially Designated Nations, or the U.S.

Department of Commerce’s Table of Denials.

9. U.S. Government Restricted Rights
. The Software and Software Documentation are Commercial Computer Software provided with Restricted Rights under Federal Acquisition Regulations and Customer supplements to them. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph Version: 22
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(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 255.227-7013 et. Seq. or 252.211- 7015, or subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights at FAR 52.227-19, as applicable, or similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Axon Enterprise, Inc., 17800 North 85th Street, Scottsdale, Arizona 85255.

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Axon Event Offer Appendix
If the Agreement includes the provision of, or Axon otherwise offers, ticket(s), travel and/or accommodation for select events hosted by Axon (“Axon Event”), the following shall apply:

1. General . Subject to the terms and conditions specified below and those in the Agreement, Axon may provide Customer with one or more offers to fund Axon Event ticket(s), travel and/or accommodation for Customer-selected employee(s) to attend one or more Axon Events. By entering into the Agreement, Customer warrants that it is appropriate and permissible for Customer to receive the referenced Axon Event offer(s) based on Customer’s understanding of the terms and conditions outlined in this Axon Event Offer Appendix.

2. Attendee/Employee Selection
. Customer shall have sole and absolute discretion to select the Customer employee(s) eligible to receive the ticket(s), travel and/or accommodation that is the subject of any Axon Event offer(s).

3. Compliance
. It is the intent of Axon that any and all Axon Event offers comply with all applicable laws, regulations and ethics rules regarding contributions, including gifts and donations. Axon’s provision of ticket(s), travel and/or accommodation for the applicable Axon Event to Customer is intended for the use and benefit of Customer in furtherance of its goals, and not the personal use or benefit of any official or employee of Customer. Axon makes this offer without seeking promises or favoritism for Axon in any bidding arrangements. Further, no exclusivity will be expected by either party in consideration for the offer. Axon makes the offer with the understanding that it will not, as a result of such offer, be prohibited from any procurement opportunities or be subject to any reporting requirements. If Customer’s local jurisdiction requires Customer to report or disclose the fair market value of the benefits provided by Axon, Customer shall promptly contact Axon to obtain such information, and Axon shall provide the information necessary to facilitate Customer's compliance with such reporting requirements.

4. Assignability
. Customer may not sell, transfer, or assign Axon Event ticket(s), travel and/or accommodation provided under the Agreement.

5. Availability. The provision of all offers of Axon Event ticket(s), travel and/or accommodation is subject to availability of funds and resources. Axon has no obligation to provide Axon Event ticket(s), travel and/or accommodation.

6. Revocation of Offer . Axon reserves the right at any time to rescind the offer of Axon Event ticket(s), travel and/or accommodation to Customer if Customer or its selected employees fail to meet the prescribed conditions or if changes in circumstances render the provision of such benefits impractical, inadvisable, or in violation of any applicable laws, regulations, and ethics rules regarding contributions, including gifts and donations.

Version: 22
Release Date: March 2025 Page 28 of 28
Attachment 3

Q-663617-45854KP
Issued: 07/16/2025
Quote Expiration: 08/29/2025
Estimated Contract Start Date: 12/01/2025
Account Number: 109566
Payment Terms: N30
Mode of Delivery: UPS-GND
Credit/Debit Amount: $0.00

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Pleasanton
Police Dept. - CA
4833 Bernal Ave
Pleasanton,
CA
94566-1220
USA

Pleasanton Police Dept. - CA
PO Box 909
Pleasanton
CA
94566-0090
USA
Email:

Kyle
Panasewicz
Phone: +1 4803294734
Email: [email protected]
Fax:
(480) 905-2071
Jason Hunter
Phone:
(925) 931-5100
Email: [email protected]
Fax:
(925) 931-5480
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $158,907.43 TOTAL COST $1,515,601.20
ESTIMATED TOTAL W/ TAX $1,567,866.16 TOTAL SAVINGS $794,537.14

Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
Attachment 4

Payment Summary
Date Subtotal Tax Total
Nov 2025 $303,120.24 $10,453.01 $313,573.25
Nov 2026 $303,120.24 $10,453.01 $313,573.25
Nov 2027 $303,120.24 $10,453.01 $313,573.25
Nov 2028 $303,120.24 $10,453.01 $313,573.25
Nov 2029 $303,120.24 $10,452.92 $313,573.16
Total $1,515,601.20 $52,264.96 $1,567,866.16
Attachment 4

Quote Unbundled Price: $2,393,772.80
Quote List Price: $1,880,728.40
Quote Subtotal: $1,515,601.20
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
M00041 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 85 60 $383.00 $287.06 $255.88 $1,304,988.00 $47,946.65 $1,352,934.65 B00056 BUNDLE - UNLIMITED PLUS ISLE WITH VR 8 60 $298.63 $249.15 $235.63 $113,102.40 $3,467.76 $116,570.16 A la Carte Hardware
101408 AXON FUSUS - CORE - CAD 1 $600.00 $0.00 $0.00 $0.00 $0.00 101383 AXON FUSUS - CORE - LITE 512GB WITH POE 4 $250.00 $0.00 $0.00 $0.00 $0.00 101386 AXON FUSUS - CORE - PRO 2.0 4TB HDD 2 $600.00 $0.00 $0.00 $0.00 $0.00 101391 AXON FUSUS - CORE - ELITE AI 2.0 44TB HDD 1 $5,000.00 $0.00 $0.00 $0.00 $0.00 101389 AXON FUSUS - CORE - PRO AI 8TB HDD 1 $2,000.00 $0.00 $0.00 $0.00 $0.00 H00001 AB4 Camera Bundle 93 $1,798.00 $19.33 $1,798.00 $184.30 $1,982.30 H00002 AB4 Multi Bay Dock Bundle 12 $1,638.90 $0.00 $0.00 $0.00 $0.00 A la Carte Software
80227 AXON FUSUS - LICENSE - VIEW ONLY USER 9 60 $0.00 $0.00 $0.00 $0.00 $0.00 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH
PANEL-PC 2 60 $1,500.00 $1,500.00 $3,000.00 $307.50 $3,307.50 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER
TOUCH PANEL 2 60 $28.21 $28.21 $3,385.20 $0.00 $3,385.20 50041 AXON INTERVIEW - STREAMING SERVER LICENSE -
PER SERVER 2 60 $1,750.00 $1,750.00 $3,500.00 $358.75 $3,858.75 50043 AXON INTERVIEW - STREAMING SERVER
MAINTENANCE - PER SERVER 2 60 $32.98 $32.98 $3,957.60 $0.00 $3,957.60 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM
UNLIMITED 4 60 $111.75 $111.75 $26,820.00 $0.00 $26,820.00 BasicLicense Basic License Bundle 13 60 $16.27 $16.25 $12,675.00 $0.00 $12,675.00 ProLicense Pro License Bundle 11 60 $48.82 $48.75 $32,175.00 $0.00 $32,175.00 A la Carte Services
101422 AXON FUSUS - PSO - HARDWARE DEPLOYMENT 11 $425.00 $0.00 $0.00 $0.00 $0.00 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $2,700.00 $2,700.00 $2,700.00 $0.00 $2,700.00
20379 AXON VR - PSO - FULL INSTALLATION - INSIDE SALES 1 $7,500.00 $7,500.00 $7,500.00 $0.00 $7,500.00 A la Carte Warranties
101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 48 $0.00 $0.00 $0.00 $0.00 $0.00 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 2 48 $0.00 $0.00 $0.00 $0.00 $0.00 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 48 $0.00 $0.00 $0.00 $0.00 $0.00 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 48 $0.00 $0.00 $0.00 $0.00 $0.00 Total $1,515,601.20 $52,264.96 $1,567,866.16
Attachment 4

Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 91 1 11/01/2025
AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 2 1 11/01/2025
AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 2 1 11/01/2025
AB4 Camera Bundle 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 103 1 11/01/2025 AB4 Camera Bundle 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 103 1 11/01/2025 AB4 Camera Bundle 74020 AXON BODY - MOUNT - MAGNET FLEXIBLE RAPIDLOCK 103 1 11/01/2025 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 12 1 11/01/2025 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 12 1 11/01/2025 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 12 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100126 AXON VR - TACTICAL BAG 4 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 2 2 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 85 2 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 4 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100396 AXON TASER 10 - MAGAZINE - INERT RED 3 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100399 AXON TASER 10 - CARTRIDGE - LIVE 1700 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100400 AXON TASER 10 - CARTRIDGE - HALT 850 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100401 AXON TASER 10 - CARTRIDGE - INERT 30 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100591 AXON TASER - CLEANING KIT 1 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100611 AXON TASER 10 - SAFARILAND HOLSTER - RH 85 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100623 ENHANCED HOOK-AND-LOOP TRAINING (HALT) SUIT (V2) 1 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100681 AXON SIGNAL - SIDEARM SENSOR ONLY 85 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100748 AXON VR - CONTROLLER - TASER 10 4 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100832 AXON VR - CONTROLLER - HANDGUN VR19H 4 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101122 AXON VR - HOLSTER - T10 SAFARILAND GRAY - RH 4 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101294 AXON VR - TABLET 4 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101300 AXON VR - TABLET CASE 4 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101455 AXON TASER 10 - REPLACEMENT TOOL KIT - INTERPOSER BUCKET 1 1 11/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101456 AXON TASER 10 - REPLACEMENT INTERPOSER BUCKET 1 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101751 AXON VR - HEADSET - HTC FOCUS VISION 4 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 20018 AXON TASER - BATTERY PACK - TACTICAL 85 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 20018 AXON TASER - BATTERY PACK - TACTICAL 17 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 20018 AXON TASER - BATTERY PACK - TACTICAL 2 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 1 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 71044 AXON SIGNAL - BATTERY - CR2430 SINGLE PACK 170 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 74200 AXON TASER - DOCK - SIX BAY PLUS CORE 1 1 11/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 80087 AXON TASER - TARGET - CONDUCTIVE PROFESSIONAL RUGGEDIZED 2 1 11/01/2025
BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 80090 AXON TASER - TARGET FRAME - PROFESSIONAL 27.5 IN X 75 IN 2 1 11/01/2025
BUNDLE - UNLIMITED PLUS ISLE WITH VR 100126 AXON VR - TACTICAL BAG 1 1 11/01/2025 BUNDLE - UNLIMITED PLUS ISLE WITH VR 100681 AXON SIGNAL - SIDEARM SENSOR ONLY 8 1 11/01/2025 BUNDLE - UNLIMITED PLUS ISLE WITH VR 100748 AXON VR - CONTROLLER - TASER 10 1 1 11/01/2025 Attachment 4

Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date BUNDLE - UNLIMITED PLUS ISLE WITH VR 100832 AXON VR - CONTROLLER - HANDGUN VR19H 1 1 11/01/2025 BUNDLE - UNLIMITED PLUS ISLE WITH VR 101123 AXON VR - HOLSTER - T10 SAFARILAND GRAY - LH 1 1 11/01/2025 BUNDLE - UNLIMITED PLUS ISLE WITH VR 101294 AXON VR - TABLET 1 1 11/01/2025 BUNDLE - UNLIMITED PLUS ISLE WITH VR 101300 AXON VR - TABLET CASE 1 1 11/01/2025 BUNDLE - UNLIMITED PLUS ISLE WITH VR 101751 AXON VR - HEADSET - HTC FOCUS VISION 1 1 11/01/2025 BUNDLE - UNLIMITED PLUS ISLE WITH VR 71044 AXON SIGNAL - BATTERY - CR2430 SINGLE PACK 16 1 11/01/2025 A la Carte 101383 AXON FUSUS - CORE - LITE 512GB WITH POE 4 1 12/01/2025 A la Carte 101386 AXON FUSUS - CORE - PRO 2.0 4TB HDD 2 1 12/01/2025 A la Carte 101389 AXON FUSUS - CORE - PRO AI 8TB HDD 1 1 12/01/2025 A la Carte 101391 AXON FUSUS - CORE - ELITE AI 2.0 44TB HDD 1 1 12/01/2025 A la Carte 101408 AXON FUSUS - CORE - CAD 1 1 12/01/2025 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100399 AXON TASER 10 - CARTRIDGE - LIVE 260 1 11/01/2026 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100400 AXON TASER 10 - CARTRIDGE - HALT 680 1 11/01/2026 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100399 AXON TASER 10 - CARTRIDGE - LIVE 250 1 11/01/2027 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100400 AXON TASER 10 - CARTRIDGE - HALT 680 1 11/01/2027 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100210 AXON VR - TAP REFRESH 1 - TABLET 4 1 05/02/2028 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101009 AXON VR - TAP REFRESH 1 - SIDEARM CONTROLLER 4 1 05/02/2028 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101012 AXON VR - TAP REFRESH 1 - CONTROLLER 4 1 05/02/2028 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 20373 AXON VR - TAP REFRESH 1 - HEADSET 4 1 05/02/2028 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73309 AXON BODY - TAP REFRESH 1 - CAMERA 87 1 05/02/2028 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 11 1 05/02/2028 BUNDLE - UNLIMITED PLUS ISLE WITH VR 100210 AXON VR - TAP REFRESH 1 - TABLET 1 1 05/02/2028 BUNDLE - UNLIMITED PLUS ISLE WITH VR 101009 AXON VR - TAP REFRESH 1 - SIDEARM CONTROLLER 1 1 05/02/2028 BUNDLE - UNLIMITED PLUS ISLE WITH VR 101012 AXON VR - TAP REFRESH 1 - CONTROLLER 1 1 05/02/2028 BUNDLE - UNLIMITED PLUS ISLE WITH VR 20373 AXON VR - TAP REFRESH 1 - HEADSET 1 1 05/02/2028 BUNDLE - UNLIMITED PLUS ISLE WITH VR 73309 AXON BODY - TAP REFRESH 1 - CAMERA 8 1 05/02/2028 BUNDLE - UNLIMITED PLUS ISLE WITH VR 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 1 1 05/02/2028 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100399 AXON TASER 10 - CARTRIDGE - LIVE 260 1 11/01/2028 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100400 AXON TASER 10 - CARTRIDGE - HALT 680 1 11/01/2028 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100399 AXON TASER 10 - CARTRIDGE - LIVE 250 1 11/01/2029 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100400 AXON TASER 10 - CARTRIDGE - HALT 680 1 11/01/2029 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73310 AXON BODY - TAP REFRESH 2 - CAMERA 87 1 11/01/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 11 1 11/01/2030 BUNDLE - UNLIMITED PLUS ISLE WITH VR 73310 AXON BODY - TAP REFRESH 2 - CAMERA 8 1 11/01/2030 BUNDLE - UNLIMITED PLUS ISLE WITH VR 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 1 1 11/01/2030 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 13 12/01/2025 11/30/2030 Basic License Bundle 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 13 12/01/2025 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101180 AXON TASER - DATA SCIENCE PROGRAM 85 12/01/2025 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101705 AXON FUSUS - LICENSE - PRO USER 85 12/01/2025 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 20248 AXON TASER - EVIDENCE.COM LICENSE 1 12/01/2025 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 20248 AXON TASER - EVIDENCE.COM LICENSE 85 12/01/2025 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 20370 AXON VR - USER ACCESS - FULL VR 85 12/01/2025 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY 85 12/01/2025 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 85 12/01/2025 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73618 AXON COMMUNITY REQUEST 85 12/01/2025 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73638 AXON STANDARDS - LICENSE 85 12/01/2025 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 85 12/01/2025 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 850 12/01/2025 11/30/2030 Attachment 4

Software
Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 85 12/01/2025 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73739 AXON PERFORMANCE - LICENSE 85 12/01/2025 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 73746 AXON EVIDENCE - ECOM LICENSE - PRO 85 12/01/2025 11/30/2030 BUNDLE - UNLIMITED PLUS ISLE WITH VR 101705 AXON FUSUS - LICENSE - PRO USER 8 12/01/2025 11/30/2030 BUNDLE - UNLIMITED PLUS ISLE WITH VR 20370 AXON VR - USER ACCESS - FULL VR 8 12/01/2025 11/30/2030 BUNDLE - UNLIMITED PLUS ISLE WITH VR 73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY 8 12/01/2025 11/30/2030 BUNDLE - UNLIMITED PLUS ISLE WITH VR 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 8 12/01/2025 11/30/2030 BUNDLE - UNLIMITED PLUS ISLE WITH VR 73618 AXON COMMUNITY REQUEST 8 12/01/2025 11/30/2030 BUNDLE - UNLIMITED PLUS ISLE WITH VR 73638 AXON STANDARDS - LICENSE 8 12/01/2025 11/30/2030 BUNDLE - UNLIMITED PLUS ISLE WITH VR 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 8 12/01/2025 11/30/2030 BUNDLE - UNLIMITED PLUS ISLE WITH VR 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 8 12/01/2025 11/30/2030 BUNDLE - UNLIMITED PLUS ISLE WITH VR 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 8 12/01/2025 11/30/2030 BUNDLE - UNLIMITED PLUS ISLE WITH VR 73739 AXON PERFORMANCE - LICENSE 8 12/01/2025 11/30/2030 BUNDLE - UNLIMITED PLUS ISLE WITH VR 73746 AXON EVIDENCE - ECOM LICENSE - PRO 8 12/01/2025 11/30/2030 Pro License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 33 12/01/2025 11/30/2030 Pro License Bundle 73746 AXON EVIDENCE - ECOM LICENSE - PRO 11 12/01/2025 11/30/2030 A la Carte 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL- PC 2 12/01/2025 11/30/2030
A la Carte 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 2 12/01/2025 11/30/2030
A la Carte 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 12/01/2025 11/30/2030
A la Carte 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 12/01/2025 11/30/2030
A la Carte 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 12/01/2025 11/30/2030 A la Carte 80227 AXON FUSUS - LICENSE - VIEW ONLY USER 9 12/01/2025 11/30/2030 Services
Bundle Item Description QTY
BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 85 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101184 AXON INVESTIGATE - TRAINING - OPERATOR AND EXAMINER 5 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101193 AXON TASER - ON DEMAND CERTIFICATION 1 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 85 BUNDLE - UNLIMITED PLUS ISLE WITH VR 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 8 A la Carte 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 A la Carte 101422 AXON FUSUS - PSO - HARDWARE DEPLOYMENT 11 A la Carte 20379 AXON VR - PSO - FULL INSTALLATION - INSIDE SALES 1 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100197 AXON VR - EXT WARRANTY - HEADSET 4 11/01/2026 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100213 AXON VR - EXT WARRANTY - TABLET 4 11/01/2026 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 85 11/01/2026 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 2 11/01/2026 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101007 AXON VR - EXT WARRANTY - CONTROLLER 4 11/01/2026 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 101008 AXON VR - EXT WARRANTY - HANDGUN CONTROLLER 4 11/01/2026 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 2 11/01/2026 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 17 11/01/2026 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 85 11/01/2026 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 1 11/01/2026 11/30/2030 Attachment 4

Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 80464 AXON BODY - TAP WARRANTY - CAMERA 85 11/01/2026 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 80464 AXON BODY - TAP WARRANTY - CAMERA 2 11/01/2026 11/30/2030 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 11 11/01/2026 11/30/2030 BUNDLE - UNLIMITED PLUS ISLE WITH VR 100197 AXON VR - EXT WARRANTY - HEADSET 1 11/01/2026 11/30/2030 BUNDLE - UNLIMITED PLUS ISLE WITH VR 100213 AXON VR - EXT WARRANTY - TABLET 1 11/01/2026 11/30/2030 BUNDLE - UNLIMITED PLUS ISLE WITH VR 101007 AXON VR - EXT WARRANTY - CONTROLLER 1 11/01/2026 11/30/2030 BUNDLE - UNLIMITED PLUS ISLE WITH VR 101008 AXON VR - EXT WARRANTY - HANDGUN CONTROLLER 1 11/01/2026 11/30/2030 BUNDLE - UNLIMITED PLUS ISLE WITH VR 80464 AXON BODY - TAP WARRANTY - CAMERA 8 11/01/2026 11/30/2030 BUNDLE - UNLIMITED PLUS ISLE WITH VR 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 1 11/01/2026 11/30/2030 A la Carte 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 12/01/2026 11/30/2030 A la Carte 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 12/01/2026 11/30/2030 A la Carte 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 2 12/01/2026 11/30/2030 A la Carte 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 12/01/2026 11/30/2030 Attachment 4

Shipping Locations
Location Number Street City State Zip Country
1 4833 Bernal Ave Pleasanton CA 94566-1220 USA
2 4833 Bernal Ave Pleasanton CA 94566-1220 USA
Payment Details
Nov 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $540.00 $0.00 $540.00 Year 1 101383 AXON FUSUS - CORE - LITE 512GB WITH POE 4 $0.00 $0.00 $0.00 Year 1 101386 AXON FUSUS - CORE - PRO 2.0 4TB HDD 2 $0.00 $0.00 $0.00 Year 1 101389 AXON FUSUS - CORE - PRO AI 8TB HDD 1 $0.00 $0.00 $0.00 Year 1 101391 AXON FUSUS - CORE - ELITE AI 2.0 44TB HDD 1 $0.00 $0.00 $0.00 Year 1 101408 AXON FUSUS - CORE - CAD 1 $0.00 $0.00 $0.00 Year 1 101422 AXON FUSUS - PSO - HARDWARE DEPLOYMENT 11 $0.00 $0.00 $0.00 Year 1 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 2 $0.00 $0.00 $0.00 Year 1 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 1 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 1 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 1 20379 AXON VR - PSO - FULL INSTALLATION - INSIDE SALES 1 $1,500.00 $0.00 $1,500.00 Year 1 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 2 $600.00 $61.50 $661.50 Year 1 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 2 $677.04 $0.00 $677.04 Year 1 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $700.00 $71.75 $771.75 Year 1 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $791.52 $0.00 $791.52 Year 1 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 $5,364.00 $0.00 $5,364.00 Year 1 80227 AXON FUSUS - LICENSE - VIEW ONLY USER 9 $0.00 $0.00 $0.00 Year 1 B00056 BUNDLE - UNLIMITED PLUS ISLE WITH VR 8 $22,620.48 $693.56 $23,314.04 Year 1 BasicLicense Basic License Bundle 13 $2,535.00 $0.00 $2,535.00 Year 1 H00001 AB4 Camera Bundle 93 $359.60 $36.86 $396.46 Year 1 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 1 M00041 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 85 $260,997.60 $9,589.34 $270,586.94 Year 1 ProLicense Pro License Bundle 11 $6,435.00 $0.00 $6,435.00 Total $303,120.24 $10,453.01 $313,573.25
Nov 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $540.00 $0.00 $540.00 Year 2 101383 AXON FUSUS - CORE - LITE 512GB WITH POE 4 $0.00 $0.00 $0.00 Year 2 101386 AXON FUSUS - CORE - PRO 2.0 4TB HDD 2 $0.00 $0.00 $0.00 Year 2 101389 AXON FUSUS - CORE - PRO AI 8TB HDD 1 $0.00 $0.00 $0.00 Year 2 101391 AXON FUSUS - CORE - ELITE AI 2.0 44TB HDD 1 $0.00 $0.00 $0.00 Year 2 101408 AXON FUSUS - CORE - CAD 1 $0.00 $0.00 $0.00 Year 2 101422 AXON FUSUS - PSO - HARDWARE DEPLOYMENT 11 $0.00 $0.00 $0.00 Year 2 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 2 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 2 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 2 $0.00 $0.00 $0.00 Attachment 4

Nov 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 2 20379 AXON VR - PSO - FULL INSTALLATION - INSIDE SALES 1 $1,500.00 $0.00 $1,500.00 Year 2 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 2 $600.00 $61.50 $661.50 Year 2 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 2 $677.04 $0.00 $677.04 Year 2 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $700.00 $71.75 $771.75 Year 2 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $791.52 $0.00 $791.52 Year 2 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 $5,364.00 $0.00 $5,364.00 Year 2 80227 AXON FUSUS - LICENSE - VIEW ONLY USER 9 $0.00 $0.00 $0.00 Year 2 B00056 BUNDLE - UNLIMITED PLUS ISLE WITH VR 8 $22,620.48 $693.56 $23,314.04 Year 2 BasicLicense Basic License Bundle 13 $2,535.00 $0.00 $2,535.00 Year 2 H00001 AB4 Camera Bundle 93 $359.60 $36.86 $396.46 Year 2 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 2 M00041 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 85 $260,997.60 $9,589.34 $270,586.94 Year 2 ProLicense Pro License Bundle 11 $6,435.00 $0.00 $6,435.00 Total $303,120.24 $10,453.01 $313,573.25
Nov 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $540.00 $0.00 $540.00 Year 3 101383 AXON FUSUS - CORE - LITE 512GB WITH POE 4 $0.00 $0.00 $0.00 Year 3 101386 AXON FUSUS - CORE - PRO 2.0 4TB HDD 2 $0.00 $0.00 $0.00 Year 3 101389 AXON FUSUS - CORE - PRO AI 8TB HDD 1 $0.00 $0.00 $0.00 Year 3 101391 AXON FUSUS - CORE - ELITE AI 2.0 44TB HDD 1 $0.00 $0.00 $0.00 Year 3 101408 AXON FUSUS - CORE - CAD 1 $0.00 $0.00 $0.00 Year 3 101422 AXON FUSUS - PSO - HARDWARE DEPLOYMENT 11 $0.00 $0.00 $0.00 Year 3 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 3 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 3 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 3 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 2 $0.00 $0.00 $0.00 Year 3 20379 AXON VR - PSO - FULL INSTALLATION - INSIDE SALES 1 $1,500.00 $0.00 $1,500.00 Year 3 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 2 $600.00 $61.50 $661.50 Year 3 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 2 $677.04 $0.00 $677.04 Year 3 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $700.00 $71.75 $771.75 Year 3 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $791.52 $0.00 $791.52 Year 3 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 $5,364.00 $0.00 $5,364.00 Year 3 80227 AXON FUSUS - LICENSE - VIEW ONLY USER 9 $0.00 $0.00 $0.00 Year 3 B00056 BUNDLE - UNLIMITED PLUS ISLE WITH VR 8 $22,620.48 $693.56 $23,314.04 Year 3 BasicLicense Basic License Bundle 13 $2,535.00 $0.00 $2,535.00 Year 3 H00001 AB4 Camera Bundle 93 $359.60 $36.86 $396.46 Year 3 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 3 M00041 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 85 $260,997.60 $9,589.34 $270,586.94 Year 3 ProLicense Pro License Bundle 11 $6,435.00 $0.00 $6,435.00 Total $303,120.24 $10,453.01 $313,573.25
Nov 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $540.00 $0.00 $540.00 Year 4 101383 AXON FUSUS - CORE - LITE 512GB WITH POE 4 $0.00 $0.00 $0.00 Year 4 101386 AXON FUSUS - CORE - PRO 2.0 4TB HDD 2 $0.00 $0.00 $0.00 Year 4 101389 AXON FUSUS - CORE - PRO AI 8TB HDD 1 $0.00 $0.00 $0.00 Year 4 101391 AXON FUSUS - CORE - ELITE AI 2.0 44TB HDD 1 $0.00 $0.00 $0.00 Attachment 4

Nov 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 101408 AXON FUSUS - CORE - CAD 1 $0.00 $0.00 $0.00 Year 4 101422 AXON FUSUS - PSO - HARDWARE DEPLOYMENT 11 $0.00 $0.00 $0.00 Year 4 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 4 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 4 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 2 $0.00 $0.00 $0.00 Year 4 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 4 20379 AXON VR - PSO - FULL INSTALLATION - INSIDE SALES 1 $1,500.00 $0.00 $1,500.00 Year 4 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 2 $600.00 $61.50 $661.50 Year 4 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 2 $677.04 $0.00 $677.04 Year 4 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $700.00 $71.75 $771.75 Year 4 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $791.52 $0.00 $791.52 Year 4 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 $5,364.00 $0.00 $5,364.00 Year 4 80227 AXON FUSUS - LICENSE - VIEW ONLY USER 9 $0.00 $0.00 $0.00 Year 4 B00056 BUNDLE - UNLIMITED PLUS ISLE WITH VR 8 $22,620.48 $693.56 $23,314.04 Year 4 BasicLicense Basic License Bundle 13 $2,535.00 $0.00 $2,535.00 Year 4 H00001 AB4 Camera Bundle 93 $359.60 $36.86 $396.46 Year 4 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 4 M00041 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 85 $260,997.60 $9,589.34 $270,586.94 Year 4 ProLicense Pro License Bundle 11 $6,435.00 $0.00 $6,435.00 Total $303,120.24 $10,453.01 $313,573.25
Nov 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $540.00 $0.00 $540.00 Year 5 101383 AXON FUSUS - CORE - LITE 512GB WITH POE 4 $0.00 $0.00 $0.00 Year 5 101386 AXON FUSUS - CORE - PRO 2.0 4TB HDD 2 $0.00 $0.00 $0.00 Year 5 101389 AXON FUSUS - CORE - PRO AI 8TB HDD 1 $0.00 $0.00 $0.00 Year 5 101391 AXON FUSUS - CORE - ELITE AI 2.0 44TB HDD 1 $0.00 $0.00 $0.00 Year 5 101408 AXON FUSUS - CORE - CAD 1 $0.00 $0.00 $0.00 Year 5 101422 AXON FUSUS - PSO - HARDWARE DEPLOYMENT 11 $0.00 $0.00 $0.00 Year 5 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 2 $0.00 $0.00 $0.00 Year 5 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 5 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 5 101424 AXON FUSUS - CORE - EXTENDED WARRANTY 1 $0.00 $0.00 $0.00 Year 5 20379 AXON VR - PSO - FULL INSTALLATION - INSIDE SALES 1 $1,500.00 $0.00 $1,500.00 Year 5 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 2 $600.00 $61.50 $661.50 Year 5 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 2 $677.04 $0.00 $677.04 Year 5 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $700.00 $71.75 $771.75 Year 5 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $791.52 $0.00 $791.52 Year 5 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 4 $5,364.00 $0.00 $5,364.00 Year 5 80227 AXON FUSUS - LICENSE - VIEW ONLY USER 9 $0.00 $0.00 $0.00 Year 5 B00056 BUNDLE - UNLIMITED PLUS ISLE WITH VR 8 $22,620.48 $693.52 $23,314.00 Year 5 BasicLicense Basic License Bundle 13 $2,535.00 $0.00 $2,535.00 Year 5 H00001 AB4 Camera Bundle 93 $359.60 $36.86 $396.46 Year 5 H00002 AB4 Multi Bay Dock Bundle 12 $0.00 $0.00 $0.00 Year 5 M00041 BUNDLE - OFFICER SAFETY PLAN 10 PLUS ISLE 85 $260,997.60 $9,589.29 $270,586.89 Year 5 ProLicense Pro License Bundle 11 $6,435.00 $0.00 $6,435.00 Total $303,120.24 $10,452.92 $313,573.16

Attachment 4

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to
invoicing.

Standard Terms and Conditions
Axon
Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited
to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new
products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

Exceptions to Standard Terms and Conditions
Attachment 4

100% discounted body-worn camera and docking station hardware contained in this quote reflects a TAP replacement for hardware purchased under existing contract 59974. All TAP obligations from this contract will be considered fulfilled upon execution of this quote. \s1\ \d1\
Signature Date Signed
7/16/2025

Attachment 4

Item #13

CITY COUNCIL AGENDA REPORT

August 19, 2025
Public Works - Engineering Division

TITLE: ACCEPT GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD) MAINTENANCE WORK PERFORMED BY BRANNON CORPORATION FOR THE 2024 GHAD

MAINTENANCE CONTRACT FOR LAUREL CREEK, MOLLER RANCH,

LEMOINE RANCH, AND OAK TREE FARM AND AUTHORIZE THE RETURN OF THE PROJECT’S REMAINING BALANCE OF $48,575 TO THE RESPECTIVE

GHAD FUNDS

SUMMARY
This project consisted of routine maintenance work to prevent, mitigate, abate, or control geologic hazards within the City’s four Geologic Hazard Abatement Districts (GHADs). The GHADs include Laurel Creek (The Preserve, Oak Hill Estates and Kolb Ranch), Moller Ranch, Lemoine Ranch, and Oak Tree Farm. All four GHADs are located on the west side of Foothill Road in hillside areas where potential geologic hazards exist (Attachment 1). In general, the work involved cleaning storm drain ditches and inlets and preparing hillside slopes for winter rain.

On December 3, 2024, the City Council awarded the contract to Brannon Corporation. The work has been completed in accordance with the City Engineer’s approved plans and specifications and to the satisfaction of the Director of Public Works. Staff recommends the City Council accept the work, authorize the City Clerk to file a Notice of Completion, and authorize the release of the retention 30 days after recordation of the notice per the California Public Contract Code 7107.

RECOMMENDATION

1. Accept the project as complete and authorize the City Clerk to file a Notice of Completion.

2. Authorize the release of the retention in the amount of $13,255.45 to Brannon Corporation, 30 days after the recordation of the Notice of Completion.

3. Authorize the return of the project’s remaining balance of $48,575 to the respective GHAD funds; $15,066 to Laurel Creek (Fund 131), $11,464 to Moller Ranch (Fund 132), $4,924 to Lemoine Ranch (Fund 130) and $17,121 to Oak Tree Farm (Fund 133).

BACKGROUND
Geologic Hazard Abatement Districts (GHADs) are authorized by California Public Resources Code §26500. Like all special assessment districts, a GHAD assesses property owners for a benefit they receive that is special to them. In Pleasanton, property owners within the GHADs benefit from having the City monitor and repair landslides or similar geologic damage that may occur unexpectedly in their neighborhoods. The GHADs also provide needed funding for the City to conduct bi-annual inspections as well as routine maintenance of slope ditches and

downstream drainage networks to lessen the likelihood of landslide occurrence.

DISCUSSION
This project consisted of routine maintenance work, which involved cleaning storm drain ditches and inlets, and preparing hillside slopes for winter rain, within the City’s four GHADs.

One change order was issued for $6,139 to upgrade a heel-proof stormwater grate, additional debris removal and tree removal.

All work performed by Brannon Corporation has been reviewed and verified by the City Engineer to meet the City’s approved plans and specifications. The project has been completed to the satisfaction of the Director of Public Works. Staff recommends the City Council accept the work, authorize the City Clerk to file a Notice of Completion, and authorize the release of the retention 30 days after recordation of the notice per the California Public Contract Code 7107.

California Environmental Quality Act (CEQA)
Maintenance work within each GHAD is categorically exempt from CEQA under Guidelines Section 15301, “Existing Facilities.”

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

OUTREACH
Construction notices were provided to residents before the start of work. Social media posts and project information on the City’s website also provided notice to residents.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide ONE Pleasanton strategic plan goal of Investing in Our Environment, Strategy 1 – Implement the four-year Capital Improvement Program (CIP) to complete the design and construction of budgeted capital projects.

FISCAL IMPACT
The Fiscal Year 2024/25 operating budget for the GHADs totaled $218,557. An additional $120,000 from the reserve accounts was authorized by City Council at the award of the 2024 GHAD Maintenance Project for a total revised operating budget of $338,557. GHAD expenditures totaled $289,982, including $24,873 for consultant services, one contract change order for extra work at Laurel Creek ($3,819) and at Moller Ranch ($2,320), and project advertising, leaving a balance of $48,575 which staff recommends be returned to the reserve accounts as shown in the following table:

Prepared by: Submitted by: Approved by:

Adam Nelkie, Assistant Dir.
of Public Works -
Engineering
Siew-Chin Yeong, Director of Public
Works

Gerry Beaudin, City
Manager

Attachments:

1. Vicinity Map

2. Financial Expenditure Summary

ATTACHMENT 2
FY 2024/25 Operating Budget Amount Totals
Laurel Creek $93,788
Moller Ranch $56,422
Lemoine Ranch $30,323
Oak Tree Farm $38,024
*Operating Budget Increase (Laurel Creek) $100,000
*Operating Budget Increase (Lemoine Ranch) $20,000

TOTAL FUNDING TO DATE
Actual Expenditures
Brannon Corporation - Contract $258,970
Brannon Corporation - Change Order No. 1 $6,139
Consultant Services $24,873
TOTAL EXPENDITURES $289,982
Funding Balance/ (Shortfall)
Current Balance/ (Shortfall) $48,575
$338,557
2024 GHAD MAINTENANACE
08/19/25

Item #14

CITY COUNCIL AGENDA REPORT

August 19, 2025
Public Works - Engineering Division

TITLE: ACCEPT PUBLIC IMPROVEMENTS PERFORMED BY POINTE STRATEGIES FOR THE CALLIPPE PRESERVE TRAIL RENOVATION PROJECT, CIP NO. 24767 AND AUTHORIZE THE RETURN OF THE PROJECT'S REMAINING BALANCE OF $951

SUMMARY
The Callippe Preserve Trail Renovation Project, CIP No. 24767, consisted of repairs and renovations to the existing 3.2-mile natural earth section of the Callippe Preserve Trail to address erosion issues, improve the function of the trail for hikers, horseback riders, and bikers, and reduce long-term maintenance requirements. Construction of the project, which occurred in February and May 2025 for a total cost of $54,549, is now complete to the satisfaction of the Director of Public Works. Staff recommends the City Council accept the project as complete and authorize the return of the remaining fund balance of $951.

RECOMMENDATION

1. Accept the construction of the project as complete and authorize the City Clerk to file a Notice of Completion.

2. Authorize the return of the project’s balance of $951 to the Park CIP – General Fund (Fund 221).

BACKGROUND
The Callippe Preserve Trail is a loop trail, constructed primarily on the City’s open-space property surrounding the Callippe Preserve golf course, and connected by Happy Valley Road and Westbridge Lane. The total trail length is approximately 3.8 miles; 3.2 miles of the trail is a natural surface trail constructed by a professional trail contractor in the early 2000s during construction of the Callippe Preserve golf course. The trail was intended for hikers and equestrians, but the 2019 Trails Master Plan identified the trail as a multi-use trail that could accommodate hikers, equestrians, and bikers. The Trails Master Plan also identified the necessary improvements to make the trail more user-friendly for bikers. The trail has weathered over two decades of storms and trail renovations were necessary to repair storm damage and to limit further erosion.

In 2022, the Meadowlark Trail was scheduled for construction on the open space property donated to the City as part of the Meadowlark development, located southwest of the Alviso Adobe. The trail was fully funded by the developer, but it received opposition from neighboring property owners. On May 17, 2022, the City Council determined that the Meadowlark trail was no longer desired and directed staff to remove the trail from the development plans. At that time, the developer agreed to donate the trail funding ($65,500) to the development of other trails in the city. The City Council directed staff to seek a recommendation from the Bicycle,

Pedestrian, and Trails Committee (BPTC) regarding how to best use the trail funds.

On August 22, 2022, the BPTC recommended utilizing the trail funding to renovate the Callippe Preserve Trail and the City created Capital Improvement Program (CIP) Project No. 24767 to fund the trail renovations.

In June 2024, the City solicited informal bids in accordance with the March 21, 2023, City Purchasing Procedures and Manual for the renovation of the trail. City staff contacted four contractors with past trail renovation experience and Pointe Strategies was chosen as the most qualified bidder with a low bid amount of $48,992. The Pointe Strategies contract was awarded with a $9,800 construction contingency for potential change orders and at a City Manager approval level based on the purchasing procedures policy.

DISCUSSION
Renovation of the trail began in February 2025, but a storm towards the end of the trail construction rendered the trail surface unworkable. Pointe Strategies returned to complete the trail renovation work in May when conditions permitted. The trail renovations include a significant amount of minor grading of the trail to help ensure proper water flows off the trail, preventing erosion. Pointe Strategies also made the trail switchbacks more manageable for bikers and other trail users while minimizing the potential for further erosion. Most of the renovations occurred along the section of trail directly adjacent to the golf course.

A $5,557 change order was approved to address an erosion issue where runoff from a large hillside was impacting the trail. The solution included re-grading the hillside and installing a French drain with perforated pipe and drain rock beneath the trail to manage water flow and prevent future erosion.

All trail work was completed on May 24, 2025, and the project close-out documentation has been completed to the satisfaction of the Director of Public Works. Staff recommends the City Council accept the work, authorize the City Clerk to file a Notice of Completion, and authorize the return of the project’s balance to the CIP fund.

EQUITY AND SUSTAINABILITY
The trail renovation addressed erosion issues, improving the trail's sustainability.

OUTREACH
No outreach was completed for the trail renovation as it was a routine maintenance project.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the ONE Pleasanton strategic plan goal of Investing in Our Environment, Strategy 1 – Implement the four-year Capital Improvement Program (CIP) to complete design and construction of budgeted capital projects and 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 total cost of construction was $54,549.06, including the original contract amount of

$48,992.06 and a single change order in the amount of $5,557. Staff recommends returning the remaining balance of $951 to Park CIP – General Fund (Fund 221), as outlined in Attachment 1.

Prepared by: Submitted by: Approved by:

Adam Nelkie, Assistant Dir.
of Public Works -
Engineering
Siew-Chin Yeong, Director of Public
Works

Gerry Beaudin, City
Manager

Attachments:

1. Financial Expenditure Summary

ATTACHMENT 1
Project Funding to Date Amount Totals
2024-2025 CIP Allocation (Fund 221 - Park CIP) $65,500
Budget Adjustment (CCAR 05/20/2025) (10,000)$

TOTAL PROJECT FUNDING
Project Expenditures (To Date)
Pointe Strategies (Contract #2025389 - Trail Repair &
Improvements) $54,549
TOTAL PROJECT EXPENDITURES $54,549
Funding Balance/(Shortfall)
Current Balance $951
$55,500

CALLIPPE PRESERVE TRAIL RENOVATION
CIP NO. 24767
08/19/25

Item #15

CITY COUNCIL AGENDA REPORT

August 19, 2025
Public Works - Engineering Division

TITLE: ACCEPT PUBLIC IMPROVEMENTS FOR TRACT 8352 "DIAMOND CANYON" BY

TOLL WEST COAST LLC (FORMERLY KNOWN AS LUND RANCH)

SUMMARY
City Council Ordinance Nos. 2133 and 2134, adopted on January 5, 2016, approved a development application by GHC Lund Ranch LLC (GHC) for a Planned Unit Development (PUD) at 1500 Lund Ranch Road. The 195-acre property was subsequently subdivided by Tract 8352 to include 43 single-family residential home lots as well as public streets, open space parcels and a 168-acre designated remainder parcel. The remainder parcel was then deeded to the City as permanent open space. Approximately 76 acres of the permanent open space are managed by Tri-Valley Conservancy through a conservation easement.

Development of the property was governed by a Development Agreement between GHC and the City, as well as a Subdivision Agreement for Tract 8352 guaranteed by surety bonds held in conformance with California law. An Easement and Maintenance Agreement transferred maintenance responsibility for various subdivision improvements to the Diamond Canyon Homeowners Association (HOA), including entry signage, the fire break area, a habitat restoration area, open space mitigation trees, and open space drainage infrastructure. The HOA also accepted the maintenance of stormwater treatment basins.

GHC transferred its development rights and obligations to Toll West Coast LLC (Toll) on March 3, 2021. Toll constructed the public streets and utilities and is asking the City to accept these improvements for permanent maintenance, consistent with the DA. They have also requested the release of held financial securities. Staff recommends the acceptance of the public improvements and the release of the securities.

RECOMMENDATION
Accept subdivision improvements constructed by Toll West Coast LLC associated with Tract 8352 at 1500 Lund Ranch Road, and authorize release of financial securities as follows:

1. Accept the subdivision improvements constructed as part of Tract 8352, 90 calendar days after this action pursuant to California Government Code §66499.7.

2. Authorize the release of the Performance Bond and Labor and Materials Bond held as financial security, each in the amount of $6,841,000 (Bond No. 30123032 by Western Surety Company), 90 calendar days after this action, assuming no liens are filed.

3. Authorize the release of the Maintenance Bond in the amount of $684,100 (Bond No. 30123033 by Western Surety Company), held in conformance with Section 10 “Defects” of the Subdivision Agreement, one calendar year after this action, assuming no latent defects are discovered.

BACKGROUND
On August 26, 2015, the Planning Commission adopted Resolution No. 2015-28, determining that the proposed rezoning and development plan filed under Case PUD-25 for the property at 1500 Lund Ranch Road were appropriate for the site and recommended to the City Council to approve the Case.

On December 1, 2015, the City Council adopted Resolution Nos. 15-809, 15-810, 15-811, and 15-812 certifying the final environmental impact report, approving an affordable housing agreement, adopting the California Environmental Quality Act findings and mitigation monitoring and reporting program, and approving a growth management agreement as filed under Case PUD-25.

On January 5, 2016, the City Council adopted Ordinance Nos. 2133 and 2134 approving an application made by GHC for Planned Unit Development rezoning and development plan approval as filed under Case PUD-25, subject to conditions of approval, as well as approving a Development Agreement. The City Council also adopted Resolution No. 16-819, accepting the California Environmental Quality Act findings and mitigation monitoring and reporting program as filed under Case PUD-25 based on a reduction in total residential units from 48 to 43.

On March 1, 2016, the City Council adopted Resolution Nos. 16-834, 16-835, and 16-836, which called for a Special Municipal Election associated with a referendum on Ordinance No. 2133.

On June 18, 2019, the City Council adopted Resolution No. 19-1096, delegating authority to the Director of Engineering to execute grants of easements associated with Tract 8352. The City Council also conditionally approved the final map, improvement plans, and subdivision agreement for Tract 8352. The condition was fulfilled when the applicant subsequently entered into an Easement and Maintenance agreement with the City that was recorded on November 25, 2019, as Series No. 2019-241964.

On October 30, 2019, the deed transferring ownership of the 168-acre designated remainder parcel from GHC to the City was recorded as Series No. 2019-222159. A corrective deed was filed on November 25, 2019, as Series No. 2019-241963.

On November 25, 2019, the final map for Tract 8352 was recorded, thus creating 43 single- family residential lots and conveying Lund Ranch Road, Vista Oaks Court, Sunset Creek Lane, Spring Creek Terrace, Countryside Court, and Shadow Creek Court to the City as public roads. The map also conveyed Emergency Vehicle Access and Public Service Easements.

Storm Drain Easements for infrastructure in the open space, as offered to the City on the map, were rejected by the City Engineer. Also on this date, GHC recorded as Series No. 2019- 241965 a Stormwater Treatment Measures Inspection and Maintenance Agreement, thus obligating the HOA to maintain stormwater treatment facilities.

On July 9, 2020, a Conservation Easement was deeded by the City to Tri-Valley Conservancy (Series No. 2020-159850) for 76 acres of the designated remainder parcel. The deed stipulates that this area be preserved for wildlife habitat.

On March 3, 2021, GHC transferred all their development rights and obligations to Toll West Coast LLC (Toll) via an assignment document recorded as Series No. 2021-088798.

DISCUSSION
Tract 8352 constructed Lund Ranch Road, Vista Oaks Court, Sunset Creek Lane, Spring Creek Terrace, Countryside Court, and Shadow Creek Court as public roads. The roads include City-operated water, sanitary sewer, storm drainage facilities, sidewalks and streetlights. The HOA agreed in their covenants to maintain the sidewalks as well as other subdivision features such as entry signage, stormwater treatment basins, fire break areas, open space drainage infrastructure, and mitigation trees planted in the open space. A rustic recreational trail, including a pedestrian bridge, was also built within the designated remainder parcel, which the City will maintain.

Acceptance of the constructed public improvements will add to the City’s inventory of infrastructure, requiring long-term maintenance. Specifically, the following public improvements were added:

The ongoing annual maintenance costs are estimated at $123,400.

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

OUTREACH
Prior to the approval of this subdivision, the development application was subject to public hearings before both the Planning Commission and the City Council.

STRATEGIC PLAN ALIGNMENT
Not applicable, as this item is a routine matter of City business.

FISCAL IMPACT
The ongoing cost of maintenance for installed public infrastructure is partially offset by one- time fees paid to the City upon permit issuance, as well as revenue from increased property tax assessments.

Prepared by: Submitted by: Approved by:

Adam Nelkie, Assistant Dir.
of Public Works -
Engineering
Siew-Chin Yeong, Director of Public
Works

Gerry Beaudin, City
Manager

Attachments:

1. Vicinity Map

Vicinity Map

Item #16

CITY COUNCIL AGENDA REPORT

August 19, 2025
Public Works - Engineering Division

TITLE: APPROVE PLANS AND SPECIFICATIONS AND ACCEPT PUBLIC IMPROVEMENTS PERFORMED BY VILLALOBOS & ASSOCIATES, INC. FOR THE ANNUAL CURB AND GUTTER PROJECT, CIP NO. 25509, AND APPROVE A BUDGET AMENDMENT TO RETURN $21,968 TO THE GAS TAX FUND

SUMMARY
The 2025 Annual Curb and Gutter for Street Resurfacing Projects work consisted of removing and replacing damaged concrete sidewalks, curbs, and gutters. The project also included the installation or modification of the Americans with Disabilities Act (ADA) pedestrian access ramps and pedestrian push buttons where none existed or were significantly out of compliance with current ADA standards. On March 4, 2025, the City Council awarded the contract to Villalobos & Associates, Inc. The work has been completed in accordance with the City Engineer’s approved plans and specifications and to the satisfaction of the Director of Public Works. It is recommended that the City Council accept the project as complete.

RECOMMENDATION

1. Approve plans and specifications and accept the project as complete and authorize the City Clerk to file a Notice of Completion.

2. Authorize release of the retention in the amount of $27,740 to Villalobos & Associates, Inc., 30 days after the recordation of the Notice of Completion.

3. Approve a budget amendment to return the project’s unused balance of $21,968 to the Gas Tax fund balance (Fund 160).

BACKGROUND
On March 4, 2025, the City Council awarded Villalobos & Associates, Inc. (Villalobos) a contract for $485,624 for 2025 Annual Curb and Gutter for Street Resurfacing Projects and authorized the Director of Public Works to approve change orders up to the project contingency amount of $73,000. Construction began in March 2025 and was substantially completed in June 2025.

DISCUSSION
As part of the City’s Pavement Program, this annual project addresses concrete improvements in advance of the annual paving projects. The project removed and replaced 3,372 square feet of sidewalk and 967 linear feet of curb and gutter. The project also installed 54 new ADA pedestrian ramps; 7 existing pedestrian ramps were modified to be Americans with Disabilities Act (ADA)-compliant. Additionally, 380 linear feet of median island was replaced, and 32 pedestrian push-button poles were installed or modified to meet new ADA standards. Recent ADA laws require ramps to be directional with the crosswalks, or the truncated ADA domes must expand across the crosswalks. This requirement resulted in the replacement of all ADA

ramps where only one ramp serves two crosswalks. The upgrade is captured in the Geographic Information System (GIS) database and in the asset management database for tracking. See Attachments 1 and 2 for the project map and locations of the improvements.

Three change orders were issued for the project totaling $69,180. Two change orders were for new scope of work at Moller Park and at the intersection of Springdale Avenue and Maywood Drive. Lifting sidewalk at Moller Park was replaced for $14,000 to eliminate the tripping hazard.

A new ADA ramp and sidewalk were installed at the crosswalk of Springdale Avenue and Maywood Drive for $10,000 to provide a pedestrian crossing. The third change order for $45,180 was for expansion of work due to deficiencies and unforeseen conditions encountered during construction.

All work performed by Villalobos has been reviewed and verified by the City Engineer to meet the City’s approved plans and specifications and has been completed to the satisfaction of the Director of Public Works. Staff recommends the City Council accept the work, authorize the City Clerk to file a Notice of Completion, and authorize the release of the retention 30 days after recordation.

EQUITY AND SUSTAINABILITY
Approval of this action advances the City's Climate Action Plan 2.0, Materials & Consumption – Reduce GHG emissions from materials management and consumption, which will support regional waste reduction efforts as recycled aggregates were used. The updated ADA ramps will also improve accessibility at signalized intersections and remove potential hazards on sidewalks, improving mobility.

OUTREACH
Construction notices, social media messaging, and information on the City’s website were provided before the start of work. Construction notices were hand-delivered by the contractor to businesses and residents around where the project occurred.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the ONE Pleasanton Strategic Plan goal of Investing in Our Environment, Strategy 1 – Implement the four-year Capital Improvement Program (CIP) to complete design and construction of budgeted capital projects.

FISCAL IMPACT
Funding for the Annual Curb and Gutter for Street Resurfacing Projects, CIP No. 25509, totaled $609,322. Project expenditures totaled $587,354, including the final contract and change orders with Villalobos & Associates, Inc. ($554,804), traffic signal modifications by the City’s on-call contractor ($31,851), and other project support costs ($698), leaving a balance of $21,968 (see Attachment 3). Staff recommends returning the remaining balance to the Gas Tax Fund (Fund 160).

Prepared by: Submitted by: Approved by:

Adam Nelkie, Assistant Dir.
of Public Works -
Engineering
Siew-Chin Yeong, Director of Public
Works

Gerry Beaudin, City
Manager

Attachments:

1. Location Map

2. ADA Ramp and Push Button Improvement Locations

3. Financial Expenditure Summary

4. Specifications & Plans

INTERSTATECALIFORNIA680

W LAS POSITAS

SANTA RITA RD

VALLEY AVE

DONLONELEMENTARYSCHOOL

BERNAL AVE

VAL VISTAPARK

VALLEY AVE

SUNOL BLVD

FOOTHILLHIGHSCHOOL

FOOTHILL RD

STONERIDGE DR

MUIRWOODCOMMUNITYPARK

HEARSTELEMENTARYSCHOOL

PLEASANTONMIDDLESCHOOLBERNAL COMMUNITYPARK

STONERIDGEMALL

FIRST ST

HOPYARD RD
INTERSTATECALIFORNIA580 GIBRALTAR DR

OWENS DR

HACIENDA DR

CAMINOSANTA CRUZ

PASEO SANTA CRUZ

HANSEN DR

CALLE ALTAMIRA

INGLEWOOD DR

DENKER DR

N VALLEY TRAILSKEN MERCERSPORTS PARK

HANSENPARKBLACK AVE

HOPYARD RD

ALAMEDA COUNTYFAIRGROUNDS

JOHNSON DR

PLEASANTONAVE

FOOTHILL RD

PASEODELPRADOPARKSEGURA

WILLOW RDCOSTCOCHABOT DR

W LAS POSITAS BLVD
BLVD

RACOONHOLLOW CT

JORGENSENLN

MUIRWOOD DR
CITY OF PLEASANTONANNUAL CURB AND GUTTER FOR STREET RESURFACINGPROJECTS - CIP NO. 25509PUBLIC WORKS DEPARTMENT

LOCATION MAPNOT TO SCALE

LOCATIONS OF IMPROVEMENT TO ADAPEDESTRIAN RAMPS, AND/ORPEDESTRIAN PUSH BUTTON POLES

STREET NAME INTERSECTION NAME/ADDRESS PEDESTRIAN

ADA RAMPS

PEDESTRIAN PUSH

BUTTON POLES
W. LAS POSITAS BLVD. FOOTHILL ROAD 2 4
W. LAS POSITAS BLVD. LAKEWOOD STREET 2
W. LAS POSITAS BLVD. MUIRWOOD DRIVE 4 8
FOOTHILL ROAD BERNAL AVENUE 1 4
FOOTHILL ROAD JORGENSEN LANE 1
FOOTHILL ROAD RACOON HOLLOW COURT 1
GIBRALTAR DRIVE CHABOT DRIVE 4 8
GIBRALTAR DRIVE WILLOW ROAD 4 8
PASEO SANTA CRUZ VIA DE LOS CERROS 1
PASEO SANTA CRUZ PASEO SAN LEON 1
PASEO SANTA CRUZ PASEO CATALINA (EAST) 2
PASEO SANTA CRUZ CAMINO DEL LAGO 2
PASEO SANTA CRUZ PASEO CATALINA (WEST) 2
PASEO SANTA CRUZ ACROSS FROM PASEO CATALINE (WEST) 1
PASEO SANTA CRUZ CORTE DEL VISTA 2
PASEO SANTA CRUZ ACROSS FROM CORTE DEL VISTA 1
PASEO SANTA CRUZ CORTE SANTA MARIA 2
PASEO SANTA CRUZ ACROSS FROM CORTE SANTA MARIA 1
PASEO SANTA CRUZ CORTE PACIFICA 1
PASEO SANTA CRUZ CORTE BARCELONA 1
PASEO SANTA CRUZ HANSEN DRIVE 2
CAMINO DEL LAGO CORTE DEL CINO 1
CAMINO DEL LAGO CAMINO DEL CINO 1
CAMINO SEGURA CAMINO DEL LAGO 1
CALLE DE LA LOMA PASEO GRANADA 2
CALLE ALTAMIRA CORTE MATEO 2
CALLE ALTAMIRA CORTE MONTEREY 2
CALLE ALTAMIRA CORTE VERA CRUZ 2
BLACK AVENUE CALLE RICARDO 2
BLACK AVENUE CORTE RICARDO 2
SPRINGDALE AVENUE MAYWOOD DRIVE 1
54 32TOTAL

ATTACHMENT 3
Project Funding to Date Amount Totals
2024-25 CIP Allocation (Fund 160 - Gas Tax) $550,000
*Transfer from CIP No. 25505, Annual Sidewalk & Intersection Ramp Installations $59,322

TOTAL FUNDING TO DATE
Project Expenditures
Advertising $698
Villalobos & Associates, Inc. - Construction Contract $485,624 Villalobos & Associates, Inc. - Change Orders No. 1, 2, and 3 $69,180 JAM Services, Inc. - Pedestrian Push Button Installations/Modifications $31,851

TOTAL PROJECT EXPENDITURES
Funding Balance/ (Shortfall)
Current Balance/ (Shortfall) 21,968
$587,354
$609,322

ANNUAL CURB & GUTTER REPLACEMENTS FOR STREET RESURFACING CIP NO. 25509
08/19/25

Complete set of specifications and plans may be found here

Item #17

CITY COUNCIL AGENDA REPORT

August 19, 2025
Public Works - Utilities Division

TITLE: AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AS-NEEDED

MAINTENANCE AND TRADE SERVICES AGREEMENT FOR UTILITIES SEWER MAINTENANCE SERVICES WITH DUKE’S ROOT CONTROL, INC. FOR A NOT- TO-EXCEED AMOUNT OF $750,000 AND A FIVE-YEAR TERM

SUMMARY
On June 17, 2025, Council approved the City Sanitary Sewer Management Plan (SSMP) to conform to State Water Resources Control Board (SWRCB) Statewide Waste Discharge Requirements General Order WQ 2022-0103-DWQ (Order). The purpose of the Order is to regulate sanitary sewer collection systems and ensure they are properly managed, operated, and maintained with the goal of minimizing spills. Per the City’s SSMP Element 4.0-Operations and Maintenance, the City is required to clean, inspect and remove roots in sanitary sewer pipes that cause blockage in the system.

To meet the City’s SSMP, a Request for Proposals was packaged and competitively bid, with bids received on June 1, 2025. Duke’s Root Control, Inc. was selected as the lowest responsible bidder. Staff recommends the City Council authorize the City Manager to enter into a five-year agreement for the not-to-exceed amount of $750,000 with Duke’s Root Control, Inc.

These services will allow the City the flexibility to utilize the most competitively priced and responsive contractor as projects and emergencies arise.

RECOMMENDATION
Authorize the City Manager to enter into an as-needed maintenance and trade services agreement for utilities sewer maintenance services with Duke’s Root Control, Inc. for a not-to- exceed amount of $750,000 and a five-year term.

BACKGROUND
The City is responsible for operating and maintaining 245 miles of sewer pipe, 6,032 sewer manholes, 195 miles of storm pipe, 4,222 storm manholes, and 8,226 storm inlets. As required by the State Water Resources Control Board (SWRCB), the City must implement and conform to the SSMP that was approved by the City Council in June 2025 and submitted to the SWRCB in July 2025.

Underground systems play a key role in safely transporting and treating wastewater, protecting both the environment and public health, and preventing sanitary sewage overflows. Root foaming, also known as chemical root control, is a method used to manage tree root intrusion in sewer pipes. A specially formulated foam is injected into the sewer line using specialized equipment. The foam expands inside the pipe, coating the entire inner surface, including cracks and joints where roots typically enter. The active foam kills the roots within the pipe and a short distance outside it (typically a few inches to a foot), stopping further intrusion. The technique only affects the roots within or very near the pipe; it does not kill the entire tree or

plant. The foam leaves a coating that can inhibit regrowth for a certain period, usually several months to a year. Root foaming as preventive maintenance prolongs the life of the pipes while protecting the tree and plant, providing substantial long-term cost savings.

DISCUSSION
Duke’s Root Control, Inc. (Duke’s) is a licensed and certified applicator of the root foaming product. The City does not own the equipment and staff is not certified to perform root foaming.

Root foaming is effective and minimally invasive. When applied by a certified and qualified contractor, the technique provides localized treatment with minimum environmental impact.

Root foaming is a widely used and well-established method in the wastewater industry for controlling root intrusion. This technique is regularly used by many Bay Area cities, including San Francisco, Oakland, and Livermore. The foaming agents are products registered with the U.S. Environmental Protection Agency (EPA) and meet all applicable environmental and public health safety requirements when applied according to manufacturer instructions. Application is performed by an experienced, qualified, and licensed contractor who has completed all state- required training and certification. This method is preferred over mechanical root cutting because it minimizes the risk of structural damage to sewer pipes while effectively inhibiting root regrowth. The mechanical technique is not recommended as it can damage pipes and trigger thicker regrowth, leading to more frequent cutting, and a higher risk of killing the entire tree or plant.

Contracting certain services allows for operations and maintenance tasks to be prioritized based on available staff, project work, regulation requirements, and customer needs. A Request for Proposals (RFP) was packaged and competitively bid, with bids received on June 1, 2025. One responsive and responsible proposal was received from Duke’s. Staff recommended awarding a five-year contract to Duke’s to provide necessary services to the City to comply and conform to the State and City Council-approved SSMP.

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

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

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the ONE Pleasanton strategic plan goal of Investing in Our Environment, Strategy 1 – Implement the four-year Capital Improvement Program (CIP) to complete design and construction of budgeted capital projects and Strategy 8 – Update the Sewer System Master Plan to reflect current and future operations and identify system improvements and necessary maintenance.

FISCAL IMPACT
This contract will be funded from the City’s Annual Sewer Collection System Improvements project in the Sewer Enterprise Fund (Fund 431).

Prepared by: Submitted by: Approved by:

Siew-Chin Yeong, Director
of Public Works
Siew-Chin Yeong, Director of Public
Works

Gerry Beaudin, City
Manager

Attachments:

1. As-Needed Maintenance & Trade Services Agreement with Duke's Root Control, Inc.

AS-NEEDED MAINTENANCE AND TRADE SERVICES AGREEMENT
FOR UTILITIES – SEWER ROOT FOAMING SERVICES
RFP #PWD 25.603

THIS AGREEMENT is made and entered into this 19th day of August 2025 between Duke’s Root Control, Inc. ("Contractor"), an Illinois Corporation, whose address is 400 Airport Road, Suite E, Elgin, IL 60123 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 25.603 and is qualified and experienced in providing Sewer Root Foaming Services for Sewer System Operations 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 RF P #PWD 25.603, 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, 2028 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 – For all services 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 $150,000 per fiscal year and $450,000 for the three-year 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.

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 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. C ommercial 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.

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 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.

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 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 certificat ion, 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 Contra ctor 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: Duke’s Root Control, Inc. To City: City Manager 400 Airport Road, Suite E City of Pleasanton
Elgin, IL 60123 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 Agreeme nt, 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 Cont ractor 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.

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 perf orm 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

_____________________________ 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: __________________________

EXHIBIT A

EXHIBIT A

EXHIBIT A

EXHIBIT A

EXHIBIT A

EXHIBIT A

Item #18

CITY COUNCIL AGENDA REPORT

August 19, 2025
Public Works - Operations Division

TITLE: APPROVE THE PURCHASE OF FOUR FORD POLICE INTERCEPTOR UTILITY HYBRIDS FROM NATIONAL AUTO FLEET GROUP FOR $287,193 (INCLUSIVE OF A 15 PERCENT CONTINGENCY) IN THE POLICE VEHICLE INTERNAL SERVICE FUND (FUND 511)

SUMMARY
As part of the City’s 20-year Repair and Replacement Plan, four of the current 27 police patrol vehicles are due for replacement in FY 2025/26. Last fiscal year, eight vehicles were due for replacement; however, due to budget constraints, only three were purchased. These patrol vehicles operate under demanding conditions and are critical to public safety. Staff recommend purchasing four Ford Police Interceptors Utility Hybrids through National Auto Fleet Group for $287,193 (inclusive of a 15 percent contingency) to support operations and further the City’s Climate Action Plan 2.0. The outfitting work will be performed by city existing on-call vendors that were previously approved by the City Council.

RECOMMENDATION
Authorize the City Manager to execute a purchase order with National Auto Fleet Group for four Ford Police Interceptor Utility Hybrids for $287,193 (inclusive of a 15 percent contingency).

BACKGROUND
The City’s patrol fleet includes 27 Ford Police Interceptor Utility Hybrid (PIUH) vehicles designed for law enforcement demands. These vehicles undergo intense wear—high speeds, idling, stop-and-go operations—and are replaced every five years. The planned replacements are:

All 13 of the 2019 patrol fleet vehicles reached their end-of-life in 2024/25, with immediate replacements being prioritized based on condition and mileage. Due to budget constraints, the vehicles were prioritized and only three were purchased in FY 2024/25. Four units require immediate replacement in FY 2025/26.

DISCUSSION
These four patrol fleet vehicles need replacement to mitigate high maintenance costs and expired warranties. Current annual maintenance is approximately $17,500 per vehicle, totaling roughly $52,500 annually for the four vehicles and excluding staff maintenance costs. The vehicles also face increased downtime and unreliable performance due to expired powertrain warranties and high mileage.

Replacing these patrol vehicles requires meeting the State’s electric vehicle (EV) initiative.

California mandates public agencies transition to zero-emission vehicles (ZEVs), with goals such as transitioning 50 percent of light-duty fleet vehicles to ZEVs by 2025 and 100 percent of the light-duty vehicles by 2035. The City’s purchase of PIUH vehicles supports compliance with these mandates, aligns with the Climate Action Plan 2.0, and positions the City for future EV-related funding opportunities.

The benefits of the Police Interceptor Utility Hybrid vehicles include:
• Fuel efficiency and a reduction in greenhouse gas (GHG) emissions, aligning with the City’s Climate Action Plan 2.0.
• Lower long-term operating and maintenance costs: police hybrid vehicles can reduce fuel consumption by 30-66 percent over traditional patrol vehicles, offering significant annual savings that offset the initial premium. Hybrids also often require less frequent maintenance, as they experience reduced engine wear and idling stress, further cutting lifecycle costs.
• Enhanced safety features, including collision mitigation systems and improved ergonomics. Modern hybrid patrol vehicles come equipped with advanced driver- assistance systems such as forward collision warning, automatic emergency braking, and blind-spot monitoring, which have been shown to reduce crash risk by up to 56 percent for rear-end collisions. Additionally, they include collision mitigation alerts that improve situational awareness for both officers and surrounding drivers. Ergonomic upgrades like adjustable seats and better cabin layout reduce officer fatigue and enhance comfort during long shifts.

Cost Breakdown
Item Cost
Purchase of Vehicles (4 total) $62,433.90 x 4 = $249,733 15% Contingency $37,460 Total Cost
$287,193

Staff recommend purchasing and outfitting four Ford Police Interceptor Utility Hybrid vehicles to ensure the continued operational readiness of the fleet. The outfitting process includes the installation of critical law enforcement components such as lighted push bumpers, sirens, radio and computer consoles, prisoner partitions, gun racks, and LED warning systems. These items

are essential for safe and effective policing and must be professionally installed to meet California safety and law enforcement standards. The outfitting work will be performed by the Council-approved as-needed contractors under the FY24/25 budget. Vehicle purchases are being made through the National Auto Fleet Group, utilizing Sourcewell Contract #091521- NAF, which allows for cooperative purchasing to streamline acquisition while ensuring competitive pricing.

EQUITY AND SUSTAINABILITY
This purchase supports the City’s Climate Action Plan 2.0 by integrating hybrid electric vehicles, reducing greenhouse gas emissions, and demonstrating environmental leadership.

OUTREACH
No additional outreach was required. The purchase aligns with the City’s approved Vehicle Replacement Plan and long-standing fleet management protocols.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide ONE Pleasanton strategic plan goals of Safeguarding Our City by supporting public safety, ensuring reliable emergency response through dependable, mission-critical fleet vehicles and Investing in Our Environment by aligning with the City’s Climate Action Plan 2.0 by reducing municipal fleet emissions through hybrid vehicle integration, promoting sustainability and environmental stewardship.

FISCAL IMPACT
The total cost of the agreement with National Auto Fleet is $287,193, including a 15 percent contingency. Funding for this procurement will come from Internal Service Fund 511—Police Vehicle & Equipment Replacement (51122110-440107) in Fiscal Year 2025/26.

Prepared by: Submitted by: Approved by:

Tamara Baptista, Assistant
Dir. of Public Works -
Operations & Maintenance
Siew-Chin Yeong, Director of Public
Works

Gerry Beaudin, City
Manager

Attachments:

1. National Auto Fleet Quote

One Unit (MSRP) One Unit Total % Savings Extended Unit's (8) Total Savings Contract Price $58,610.00 $56,620.81 3.394 % $452,966.48 $15,913.52 Tax (10.2500 %)   $5,803.63   $46,429.04
Tire fee   $8.75   $70.00
Total   $62,433.19   $499,465.52
Jesse Cooper
Account Manager
Email: [email protected]
Office: (855) 289-6572
Fax: (831) 480-8497
7/1/2025                                        Quote ID: 39881 Order Cut Off Date: TBA
jon engelbrektson
city of pleasanton
mechanics shop
p o box 520
pleasanton, California, 94566
Dear jon engelbrektson ,
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration.

Eight (8)  New/Unused ( 2025 Ford Police Interceptor Utility (K8A) AWD , ) and delivered to your specified location, each for - per the attached specifications.

This vehicle(s) is available under the  Sourcewell Contract 091521-NAF  . Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle.

Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.

Sincerely,

Purchase Order Instructions & Resources
Once units are scheduled by OEM, no cancellations are accepted

In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way:

Email:  [email protected]
Fax:    (831) 480-8497
Mail:  National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076

We will send a courtesy confirmation for your order and a W-9 if needed.

Additional Resources
Learn how to track your vehicle:                                     www.NAFGETA.com Use the upfitter of your choice:                                  www.NAFGpartner.com Vehicle Status:                                         [email protected] General Inquiries:                                   [email protected]

For general questions or assistance please contact our main office at:
1-855-289-6572

Vehicle Configuration Options
ENGINE
Code Description
99W Engine: 3.3L V6 Direct-Injection Hybrid System, (STD)

TRANSMISSION
Code Description
44B Transmission: 10-Speed Automatic, (STD)
PRIMARY PAINT
Code Description
UM Agate Black
SEAT TYPE
Code Description
9W
Charcoal Black, Unique HD Cloth Front Bucket Seats w/Vinyl Rear, -inc: reduced bolsters, 6-way power track driver seat (fore/aft, up/down, tilt w/manual recline, 2-way manual lumbar), 8-way power track passenger seat w/2-way power recline and 2-way power lumbar and built-in steel intrusion plates in both driver/passenger seatbacks AXLE RATIO
Code Description
___ 3.73 Axle Ratio, (STD)
ADDITIONAL EQUIPMENT
Code Description
76D Underbody Deflector Plate, -inc: Engine and transmission shield 16P Rear Bumper Step Pad
51V Dual Driver & Passenger LED Bulb Spot Lamps (Whelen) 153 Front License Plate Bracket
16D Badge Delete, -inc: Deletes the Police Interceptor badging on rear liftgate and the Interceptor badging on front hood (EcoBoost)
66A
Front Headlamp Lighting Solution, -inc: LED low beam/high beam headlamp, wig-wag function and (2) red/blue/white LED side warning lights in each headlamp (factory configured: driver's side white/red/passenger side white/blue), Wiring and LED lights included (in headlamps only; grille lights not included), Controller not included, Grille LED Lights, Siren & Speaker Pre- Wiring
66B Tail Lamp Lighting Solution, -inc: LED tail lamp wig-wag module (red/white - red brake lights and white reverse lights, LED lights only, Wiring and controller not included
90G
Ballistic Door-Panels (Level IV+), -inc: Driver and passenger front-doors, Tested and meets the requirements of NIJ standard 0108.01 Level IV: .30-06 M2 AP 166gr (7.62 x 63 APM2 10.8g), Also designed to withstand special threat rounds: 7.62 x 54R LPS 9.65g and 7.62 x 51 mm M61 9.75g (.308 Winchester 150.5gr), In addition, Level IV+ includes all of the NIJ Level III and LAPD rounds listed in footnote 1
59E Keyed Alike - 1435x
68G Rear-Door Controls Inoperable, -inc: Locks, handles and windows, Can manually remove window or door disable plate w/special tool, Locks/windows operable from driver's door switches 60R Noise Suppression Bonds (Ground Straps)
OPTION PACKAGE
Code Description
500A Order Code 500A

2025 Ford Police Interceptor Utility AWD

CODE MSRP
K8A $49,515.00

99W $0.00
44B $0.00
UM $0.00
9W $0.00
___ $0.00
76D $340.00
16P $100.00
51V $670.00
153 $0.00
16D $0.00
66A $900.00
66B $430.00
90G $4,830.00
59E $50.00
68G $80.00
60R $100.00
500A $0.00
$57,015.00
$0.00
$1,595.00
$58,610.00
Est City: N/A MPG
Est Highway: N/A MPG
Est Highway Cruising Range: N/A mi
2025 Fleet/Non-Retail Ford Police Interceptor Utility AWD WINDOW STICKER

MODEL
2025 Ford Police Interceptor Utility AWD

OPTIONS
Engine: 3.3L V6 Direct-Injection Hybrid System, (STD)
Transmission: 10-Speed Automatic, (STD)
Agate Black
Charcoal Black, Unique HD Cloth Front Bucket Seats w/Vinyl Rear, -inc: reduced bolsters, 6-way power track driver seat (fore/aft, up/down, tilt w/manual recline, 2-way manual lumbar), 8-way power track passenger seat w/2-way power recline and 2-way power lumbar and built-in steel intrusion plates in both driver/passenger seatbacks

3.73 Axle Ratio, (STD)
Underbody Deflector Plate, -inc: Engine and transmission shield Rear Bumper Step Pad
Dual Driver & Passenger LED Bulb Spot Lamps (Whelen)
Front License Plate Bracket
Badge Delete, -inc: Deletes the Police Interceptor badging on rear liftgate and the Interceptor badging on front hood (EcoBoost) Front Headlamp Lighting Solution, -inc: LED low beam/high beam headlamp, wig-wag function and (2) red/blue/white LED side warning lights in each headlamp (factory configured: driver's side white/red/passenger side white/blue), Wiring and LED lights included (in headlamps only; grille lights not included), Controller not included, Grille LED Lights, Siren & Speaker Pre-Wiring Tail Lamp Lighting Solution, -inc: LED tail lamp wig-wag module (red/white - red brake lights and white reverse lights, LED lights only, Wiring and controller not included
Ballistic Door-Panels (Level IV+), -inc: Driver and passenger front-doors, Tested and meets the requirements of NIJ standard 0108.01 Level IV: .30-06 M2 AP 166gr (7.62 x 63 APM2 10.8g), Also designed to withstand special threat rounds: 7.62 x 54R LPS 9.65g and

7.62 x 51 mm M61 9.75g (.308 Winchester 150.5gr), In addition, Level IV+ includes all of the NIJ Level III and LAPD rounds listed in footnote 1
Keyed Alike - 1435x
Rear-Door Controls Inoperable, -inc: Locks, handles and windows, Can manually remove window or door disable plate w/special tool, Locks/windows operable from driver's door switches
Noise Suppression Bonds (Ground Straps)
Order Code 500A
Please note selected options override standard equipment

SUBTOTAL
Advert/ Adjustments
Manufacturer Destination Charge
TOTAL PRICE

Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions.

Notes

Standard Equipment

MECHANICAL
Engine: 3.3L V6 Direct-Injection Hybrid System -inc: (136-MPH top speed) (STD) Transmission: 10-Speed Automatic (STD)

3.73 Axle Ratio (STD)
ADDITIONAL EQUIPMENT
50-State Emissions System Flexible Fuel Vehicle (FFV) system is standard equipment for vehicles equipped with the 3.3L V6 Direct- Injection engine.

Transmission w/Driver Selectable Mode and Oil Cooler
Automatic Full-Time All-Wheel
Engine Oil Cooler
92-Amp/Hr 850CCA Maintenance-Free Battery
Hybrid Electric Motor 220 Amp Alternator
Class III Towing Equipment -inc: Hitch
Trailer Wiring Harness
Police/Fire
1670# Maximum Payload
GVWR: 6,840 lbs (3,103 kgs)
Gas-Pressurized Shock Absorbers
Front And Rear Anti-Roll Bars
Electric Power-Assist Steering
19 Gal. Fuel Tank
Dual Stainless Steel Exhaust
Permanent Locking Hubs
Strut Front Suspension w/Coil Springs
Multi-Link Rear Suspension w/Coil Springs
Regenerative 4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs, Brake Assist and Hill Hold Control Wheels: 18" x 8" 5-Spoke Painted Black Steel -inc: polished stainless steel hub cover and center caps Tires: 255/60R18 AS BSW
Steel Spare Wheel
Full-Size Spare Tire Mounted Inside Under Cargo
Body-Colored Front Bumper w/Black Rub Strip/Fascia Accent and 1 Tow Hook Body-Colored Rear Bumper w/Black Rub Strip/Fascia Accent Body-Colored Bodyside Cladding and Black Wheel Well Trim Black Side Windows Trim and Black Front Windshield Trim Black Door Handles
Black Power Side Mirrors w/Convex Spotter and Manual Folding Fixed Rear Window w/Wiper, Heated Wiper Park and Defroster Deep Tinted Glass
Speed Sensitive Variable Intermittent Wipers
Galvanized Steel/Aluminum Panels
Lip Spoiler
Black Grille
Liftgate Rear Cargo Access
Tailgate/Rear Door Lock Included w/Power Door Locks
Auto On/Off Projector Beam Led Low/High Beam Headlamps
LED Brakelights
Radio w/Seek-Scan and Speed Compensated Volume Control

Radio: AM/FM/MP3 Capable -inc: 100 watt siren/speaker prep kit, clock, 4 speakers, 1 USB port and 8" color LCD screen center-stack smart display, supports Android Auto and Apple CarPlay and fleet telematics modem Allows data to be provided to support Ford Pro telematics and data services via optional subscription, including but not limited to vehicle location, speed, idle time, fuel, vehicle diagnostics and maintenance alerts. Device enables optional telematics services through Ford or authorized providers via paid subscription. Subscribe at https://fordpro.com/en-us/telematics/ or call 1-833-811-FORD (3673).

SYNC Phoenix Communication & Entertainment System -inc: hands-free voice command support compatible w/most Bluetooth connected mobile devices, 911 Assist, VHR, SYNC Services, AppLink, Bluetooth, steering wheel controls, USB port and auxiliary input jack Integrated Roof Antenna
1 LCD Monitor In The Front
8-Way Driver Seat
Passenger Seat
35-30-35 Folding Split-Bench Front Facing Fold Forward Seatback Rear Seat Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Engine Coolant Temp, Tachometer, Engine Hour Meter, Traction Battery Level, Trip Odometer and Trip Computer
Power Rear Windows and Fixed 3rd Row Windows
Remote Keyless Entry
Remote Releases -Inc: Power Cargo Access
Cruise Control w/Steering Wheel Controls
Dual Zone Front Automatic Air Conditioning
Rear HVAC
HVAC -inc: Underseat Ducts
Locking Glove Box
Driver Foot Rest
Unique HD Cloth Front Bucket Seats w/Vinyl Rear -inc: reduced bolsters, 6-way power track driver seat (fore/aft, up/down, tilt w/manual recline, 2-way manual lumbar), 8-way power track passenger seat w/2-way power recline and 2-way power lumbar and built-in steel intrusion plates in both driver/passenger seatbacks
Interior Trim -inc: Metal-Look Instrument Panel Insert, Metal-Look Door Panel Insert and Metal-Look Interior Accents Full Cloth Headliner
Urethane Gear Shifter Material
Day-Night Rearview Mirror
Driver And Passenger Visor Vanity Mirrors
Mini Overhead Console w/Storage and 2 12V DC Power Outlets Front And Rear Map Lights
Fade-To-Off Interior Lighting
Full Vinyl/Rubber Floor Covering
Carpet Floor Trim
Cargo Features -inc: Cargo Tray/Organizer
Cargo Space Lights
Fleet Telematics Modem Tracker System
Dashboard Storage, Driver And Passenger Door Bins
Power 1st Row Windows w/Driver And Passenger 1-Touch Up/Down Delayed Accessory Power
Power Door Locks
Driver Information Center
Redundant Digital Speedometer
Trip Computer
Digital/Analog Appearance
Seats w/Vinyl Back Material
Manual Adjustable Front Head Restraints and Manual Adjustable Rear Head Restraints Perimeter Alarm
2 12V DC Power Outlets
Air Filtration

Electronic Stability Control (ESC) And Roll Stability Control (RSC) ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat-Mounted Side Airbags Reverse Sensing System Rear Parking Sensors
BLIS (Blind Spot Information System) Blind Spot
Pre-Collision Assist with Pedestrian Detection
Rear Cross-Traffic Braking
Collision Mitigation-Front
Tire Specific Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Curtain 1st And 2nd Row Airbags
Airbag Occupancy Sensor
Passenger Knee Airbag
Rear Child Safety Locks
Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point, Height Adjusters and Pretensioners Back-Up Camera w/Washer

Item #19

CITY COUNCIL AGENDA REPORT

August 19, 2025
Public Works - Engineering Division

TITLE: AUTHORIZE THE CITY MANAGER TO ENTER INTO ON-CALL GENERAL

LANDSCAPE ARCHITECTURAL PROFESSIONAL SERVICES AGREEMENTS

WITH THE THREE FIRMS OF CALLANDER ASSOCIATES LANDSCAPE
ARCHITECTURE, INC., GATES + ASSOCIATES, INC., AND RRM DESIGN GROUP FOR AN AGGREGATE NOT-TO EXCEED TOTAL OF $750,000 AND A

FIVE-YEAR TERM

SUMMARY
The current on-call agreements for landscape architecture services for the City of Pleasanton expired at the end of Fiscal Year 2024/25. In April, staff advertised for new services via a Request for Qualifications (RFQ) package. Statements of Qualifications (SOQs) were requested from firms interested in providing landscape architecture services for the City. In response, 16 landscape architecture firms submitted SOQs. City staff recommends that the City Council award the agreements to three firms: Callander Associates Landscape Architecture, Inc., Gates + Associates, Inc., and RRM Design Group, for an aggregate not-to- exceed amount of $750,000 for a five-year term. No amount of money or work is guaranteed to any of the three firms and work will be assigned by task authorization based solely on recognized need.

RECOMMENDATION

1. Approve and authorize the City Manager to execute the professional services agreements with Callander Associates Landscape Architecture, Inc., Gates + Associates, Inc., and RRM Design Group to provide on-call general landscape architectural professional services in the total aggregate amount not to exceed $750,000 for up to five years.

2. Authorize the City Manager or designee to approve task authorizations.

BACKGROUND
The City’s current agreements for on-call landscape architecture services expired at the end of Fiscal Year (FY) 2024/25. To meet the variety of needs for general landscape architectural professional services, the City advertised a Request for Qualifications (RFQ) in April to retain firms for on-call landscape architecture services. The types of services advertised in the RFQ include, but are not limited to: general consulting, planting and irrigation design, plan checking, Capital Improvement Program (CIP) project design, computer or manual drafting, and other tasks associated with landscape architecture design, construction, and/or operation.

These services will provide support for the Landscape Architecture Division for various City capital improvement and private development-related projects. Since this is a varied and ongoing need, the City has found the best mechanism to acquire these services is through the

use of “on-call” agreements.

The RFQ described the type of work needed, indicated that the City would be seeking multiple firms to perform the work, and indicated the intention to enter into a five-year on-call agreement with work assigned as needed.

DISCUSSION
A total of 16 landscape architectural firms submitted Statements of Qualifications (SOQs) in response to the advertised RFQ. A selection committee consisting of staff members from the Public Works and the Library and Recreation departments reviewed the SOQs and selected three firms based on their stated qualifications, interviews, and responses to inquiries from their references.

Funding for these agreements will be provided from CIP project budgets for each of the projects requiring these services. Funding for landscape architectural improvements associated with private development services will be provided by the associated developer/property owner. When a service is needed for a project, one of the selected firms will be requested to submit a detailed proposal that defines the scope of work for the project and the fee required to complete the work. Staff will negotiate the final scope of work and fee as projects arise. If successful, a task authorization will be issued to the consultant, authorizing the work under the agreement terms.

The on-call landscape architect consultants will provide support in implementing the CIP and other projects identified by the City. Typically, such service support costs range between $3,000 and $100,000 for each service, and are dependent on the size, types of services and complexity of the job.

Approval of these agreements authorizes staff to spend up to the aggregate not-to-exceed amount of $750,000 between the three firms over a five-year period, which will likely consist of 10 to 25 separate project authorizations over the term of the agreements.

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

OUTREACH
Not applicable, 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, Strategy 1 – Implement the four-year Capital Improvement Program (CIP) to complete design and construction of budgeted capital projects, and 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
No additional funding is needed to approve these consultant agreements. Funding for these agreements will be budgeted under each individual CIP project or in the annual Operating

Budget.

The recommended aggregate not-to-exceed total under the agreement is $750,000 over the maximum five-year term. There is no guarantee that the total amount will be expended over the term and there is no amount of work guaranteed to any of the three firms. Work will be assigned by task authorization based solely on recognized need.

Prepared by: Submitted by: Approved by:

Adam Nelkie, Assistant Dir.
of Public Works -
Engineering
Siew-Chin Yeong, Director of Public
Works

Gerry Beaudin, City
Manager

Attachments:

1. Design Professional Services Agreement with Callander Landscape Architecture

2. Design Professional Services Agreement with Gates + Associates

3. Design Professional Services Agreement with RRM Design Group

DESIGN PROFESSIONAL SERVICES AGREEMENT

THIS DESIGN PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into this 19th day of August 2025, between the CITY OF PLEASANTON, a municipal corporation (“City”), and Callander Associates Landscape Architecture, Inc, a California Corporation whose address is 1633 Bayshore Highway, Suite 133, Burlingame, CA, 94010, and telephone number is (650) 375-1313, (“Consultant”).

RECITALS

A. Consultant is qualified and experienced in providing landscape architecture 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 provide landscape architecture services for the City of Pleasanton as requested by the Public Works Department, pursuant to individual Work Authorizations. This Agreement does not obligate the City to utilize Consultant exclusively for these services, and the City reserves the right to select other consultants for these services based on City need. City guarantees no level of work to be directed.

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, as related to the individual work authorizations.

3. Staff. Consultant shall assign Dave Rubin to serve as Principal-in-Charge, who may not be replaced without written consent of City.

4. Term. The term of this Agreement shall run from August 19 th, 2025, to June 30, 2028. At the
sole discretion of the City, the Agreement may be extended up to an additional two years for a maximum term through June 30, 2030.

5. Compensation. For the as-needed services to be rendered, City shall pay consultant on a time- and-materials basis for a not-to-exceed total of $250,000 for the term of the Agreement.

As for each work authorization, compensation shall be the amount set forth in each individual work authorization, based on the rate schedule per Exhibit A which is attached and incorporated into this Agreement. Task Authorizations shall be issued by City Manager or its delegates. Payments shall be made upon completion of the work in each individual work  Exhibits A & B
 Certificate(s) of Insurance
 Professional Liability Insurance
 W-9

authorization and receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed each individual authorization unless 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. Payment shall be made within thirty (30) days of receipt of Consultant's invoice.

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 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 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 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: Dave Rubin To City: Matt Gruber
Callander Associates Landscape Architecture City of Pleasanton 2025 Gateway Place, Suite 285 P.O. Box 520
San Jose, CA 95110 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 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

__________________________
Print name

Title: __________________________

[If Consultant is a corporation, signatures must comply with California Corporations Code §313]

Rev. 11/23

24 / 25

SCHEDULE OF FEES

www.callanderassociates.com

BURLINGAME GOLD RIVER RENO SAN JOSE
1633 Bayshore Highway,
Suite 133
12150 Tributary Point Drive,
Suite 140
275 Hill St,
Suite 260
2025 Gateway Place,
Suite 285
Burlingame, CA 94010 Gold River, CA 95670 Reno, NV 89501 San Jose, CA 95110 650.375.1313 916.985.4366 775.787.2828 408.275.0565

Recreate
Educate
Live+Work
Connect
Sustain
Standard Schedule of Compensation 2025-2029 San Jose & Burlingame

GENERAL
The following list of fees and reimbursable expense items shall be used in the provision of services described in the agreement. These amounts shall be adjusted in January, upon issuance of an updated Standard Schedule of Compensation:

Hourly Rates

Reimbursable Expenses Rates
Expenses cost + 15%
printing and reproductions, postage and
delivery, mileage, travel expenses (hotel /
food), testing and outside services, and other
project related expenses

Communications and Insurance Surcharge 2.5% of total fees

Subconsultant Administration 10% of Subconsultant Costs

PAYMENTS
Payments are due within ten days after monthly billing. Callander Associates reserves the right to suspend services for non-payment if payment is not received within a period of 60 days after invoice date. Additionally invoices 60 days past due are subject to a 1.5% per month interest charge. Retainer amounts, if indicated, are due upon signing the agreement and shall be applied to the final invoice for the project.

Principal $258 - $290 /hour
Senior Associate $234 - $263 /hour
Associate $223 - $250 /hour
Arborist/Construction Manager $196 - $220 /hour
Senior Project Manager $202 - $227 /hour
Project Manager 1 $193 - $217 /hour
Project Manager 2 $183 - $206 /hour
Job Captain $169 - $190 /hour
Designer 1 $159 - $179 /hour
Designer 2 $144 - $162 /hour
Assistant Designer $129 - $145 /hour
Accounting $195 - $219 /hour
Senior Project Administrator $148 - $167 /hour
Project Administrator $132 - $148 /hour
The following schedule of fees outlines rate ranges for the City of Pleasanton Landscape Architecture On-Call contract. Annual rate increases should be assumed at 3%.

Exhibit A

DESIGN PROFESSIONAL SERVICES AGREEMENT

THIS DESIGN PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into this 19th day of August 2025, between the CITY OF PLEASANTON, a municipal corporation (“City”), and Gates + Associates, Inc, a California Corporation whose address is 2671 Crow Canyon Road, San Ramon, CA 94583 and telephone number is (925) 736-8176, (“Consultant”).

RECITALS

A. Consultant is qualified and experienced in providing landscape architecture 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 provide landscape architecture services for the City of Pleasanton as requested by the Public Works Department, pursuant to individual Work Authorizations. This Agreement does not obligate the City to utilize Consultant exclusively for these services, and the City reserves the right to select other consultants for these services based on City need. City guarantees no level of work to be directed.

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, as related to the individual work authorizations.

3. Staff. Consultant shall assign Casey Case to serve as Principal-in-Charge, who may not be replaced without written consent of City.

4. Term. The term of this Agreement shall run from August 19 th, 2025, to June 30, 2028. At the
sole discretion of the City, the Agreement may be extended up to an additional two years for a maximum term through June 30, 2030.

5. Compensation. For the as-needed services to be rendered, City shall pay consultant on a time- and-materials basis for a not-to-exceed total of $250,000 for the term of the Agreement.

As for each work authorization, compensation shall be the amount set forth in each individual work authorization, based on the rate schedule per Exhibit A which is attached and incorporated into this Agreement. Task Authorizations shall be issued by City Manager or its delegates. Payments shall be made upon completion of the work in each individual work  Exhibits A & B
 Certificate(s) of Insurance
 Professional Liability Insurance
 W-9

authorization and receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed each individual authorization unless 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. Payment shall be made within thirty (30) days of receipt of Consultant's invoice.

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 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 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 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: Casey Case To City: Matt Gruber
Gates + Associates, Inc. City of Pleasanton
1655 N. Main Street, Suite 365 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 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

__________________________
Print name

Title: __________________________

[If Consultant is a corporation, signatures must comply with California Corporations Code §313]

Rev. 11/23

GATES + ASSOCIATES
19 CITY OF PLEASANTON | ON-CALL LANDSCAPE ARCHITECTURAL SERVICES

SCHEDULE OF FEES
GATES + ASSOCIATES
HOURLY FEES FOR SERVICES OF:

Partner
Principal
Associate Principal
Senior Associate
Job Captain
Planner
Sr . Irrigation Designer
Community Outreach Facilitator
Production
Marketing Coordinator
Administrative/Drafter
RATE PER HOUR:
$235.00 - $250.00
$220.00 - $235.00
$205.00 - $220.00
$185.00 - $205.00
$165.00 - $185.00
$165.00 - $185.00
$200.00 - $210.00
$185.00 - $205.00
$155.00 - $175.00
$135.00 - $195.00
$135.00 - $155.00
I. HOURLY FEES
A. Consultants at approximately the same rates indicated above or on consultant fee schedules.

B. Other direct expenses at cost which may include:

1. Printing and reproduction costs.

2. Mileage and travel costs.

3. Miscellaneous
Hourly rates may be adjusted annually and shall apply for any services rendered after that date.

These adjustments are not limited to the rate per hour ranges listed above, and will not affect the total amount of compensation for services.

II. EXPENSES (REIMBURSABLES)

RATE SCHEDULE
EFFECTIVE THROUGH DECEMBER 2025
Exhibit A

GATES + ASSOCIATES
20 CITY OF PLEASANTON | ON-CALL LANDSCAPE ARCHITECTURAL SERVICES

SCHEDULE OF FEES
GATES + ASSOCIATES
HOURLY FEES FOR SERVICES OF:

Partner
Principal
Associate Principal
Senior Associate
Job Captain
Planner
Sr . Irrigation Designer
Community Outreach Facilitator
Marketing Coordinator
Administrative/Drafter
RATE PER HOUR:
$240.00 - $255.00
$225.00 - $240.00
$210.00 - $225.00
$190.00 - $210.00
$170.00 - $190.00
$170.00 - $190.00
$205.00 - $215.00
$190.00 - $210.00
$140.00 - $200.00
$140.00 - $160.00
I. HOURLY FEES
A. Consultants at approximately the same rates indicated above or on consultant fee schedules.

B. Other direct expenses at cost which may include:

1. Printing and reproduction costs.

2. Mileage and travel costs.

3. Miscellaneous
Hourly rates may be adjusted annually and shall apply for any services rendered after that date.

These adjustments are not limited to the rate per hour ranges listed above, and will not affect the total amount of compensation for services.

II. EXPENSES (REIMBURSABLES)

RATE SCHEDULE
EFFECTIVE THROUGH DECEMBER 2026

GATES + ASSOCIATES
21 CITY OF PLEASANTON | ON-CALL LANDSCAPE ARCHITECTURAL SERVICES

SCHEDULE OF FEES

RMA IRRIGATION

IRRIGATION DESIGN • CONSULTATION • SUPERVISION • EVALUATION RRMMAA 22002244 -- 22002266 FFeeee SScchheedduullee::

Principals:
• RRuussss MMiittcchheellll $225.00/hr
• CChhrriiss MMiittcchheellll $200.00/hr
Project Managers:
• JJeeffff BBrraaddsshhaaww $175.00/hr
• JJeeffff DDiiaass $175.00/hr
• JJoossee CCrruuzz $175.00/hr
Design Assistants:
• MMaarrcciioo SSaanncchheezz $150.00/hr
• DDaavviidd MMuunnggeerr $150.00/hr
• IIaann SSaanncchheezz $150.00/hr
CADD Technicians:
• LLaannccee BBllaanncchhaarrdd $125.00/hr
Administrative/Clerical Services:
• CCaarroollee KKrraasskkoo $100.00/hr
Reimbursable charges:
• MMiilleeaaggee ttoo mmeeeettiinnggss oorr ssiittee vviissiittss Billed at our cost • PPlloottttiinngg ccoossttss Billed at our cost
• DDeelliivveerryy CChhaarrggeess Billed at our cost
Current Insurance Coverages Held by RMA:
• CCoommmmeerrcciiaall GGeenneerraall LLiiaabbiilliittyy:: $2,000,000.00 each occurrence, $4,000,000.00 agregate.
• UUmmbbrreellllaa PPoolliiccyy:: $1,000,000.00 each occurrence, $1,000.000.00 aggregate.
• AAuuttoommoobbiillee LLiiaabbiilliittyy:: $1,000.000.00 per accident. • WWoorrkkeerrss CCoommppeennssaattiioonn aanndd EEmmppllooyyeerrss’’ LLiiaabbiilliittyy:: $1,000,000.00 each accident, $1,000,000.00 each employee, $1,000,000.00 policy limit. • PPrrooffeessssiioonnaall LLiiaabbiilliittyy:: $2,000,000.00 aggregate/per claim. • AAddddiittiioonnaall iinnssuurreedd rreeqquuiirreemmeennttss:: All parties can be added.

RRUUSSSSEELLLL DD.. MMIITTCCHHEELLLL &&
AASSSSOOCCIIAATTEESS,, IINNCC..
2760 Camino Diablo
Walnut Creek, CA 94597
TT 925.939.3985
WW www.rmairrigation.com
EE [email protected]

DESIGN PROFESSIONAL SERVICES AGREEMENT

THIS DESIGN PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into this 19th day of August 2025, between the CITY OF PLEASANTON, a municipal corporation (“City”), and RRM Design Group, a California Corporation whose address is 325 Davis Street, San Leandro, CA, 94577, and telephone number is (510) 751-4910, (“Consultant”).

RECITALS

A. Consultant is qualified and experienced in providing landscape architecture 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 provide landscape architecture services for the City of Pleasanton as requested by the Public Works Department, pursuant to individual Work Authorizations. This Agreement does not obligate the City to utilize Consultant exclusively for these services, and the City reserves the right to select other consultants for these services based on City need. City guarantees no level of work to be directed.

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, as related to the individual work authorizations.

3. Staff. Consultant shall assign Gina Chavez to serve as Principal-in-Charge, who may not be replaced without written consent of City.

4. Term. The term of this Agreement shall run from August 19 th, 2025, to June 30, 2028. At the
sole discretion of the City, the Agreement may be extended up to an additional two years for a maximum term through June 30, 2030.

5. Compensation. For the as-needed services to be rendered, City shall pay consultant on a time- and-materials basis for a not-to-exceed total of $250,000 for the term of the Agreement.

As for each work authorization, compensation shall be the amount set forth in each individual work authorization, based on the rate schedule per Exhibit A which is attached and incorporated into this Agreement. Task Authorizations shall be issued by City Manager or its delegates. Payments shall be made upon completion of the work in each individual work authorization and receipt and approval of Consultant’s invoice. Total compensation for services  Exhibits A & B
 Certificate(s) of Insurance
 Professional Liability Insurance
 W-9

and reimbursement for costs shall not exceed each individual authorization unless 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. Payment shall be made within thirty (30) days of receipt of Consultant's invoice.

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 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 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 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: Gina Chavez To City: Matt Gruber
RRM Design Group City of Pleasanton
325 Davis Street P.O. Box 520
San Leandro, CA 94577 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 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

__________________________
Print name

Title: __________________________

[If Consultant is a corporation, signatures must comply with California Corporations Code §313]

Rev. 11/23

23 Section 7 & 8 | Schedule of Fees/Exceptions to this Request for Qualifications | SOQ For On-Call Landscape Architectural Services Section 7 Schedule of Fees
Classification 2025-2028 Rate Ranges
RRM Bill Rates
Principal (Landscape Architecture) $207-371
Principal Landscape Architect $156-252
Manager of Landscape Architecture $165-259
Design Director (Landscape Architecture) $159-256
Landscape Architect $108-175
Assistant Designer (Landscape Architecture) $84-119
Project Manager (Structural Engineering) $170-269
Manager of Engineering Services (Civil Engineering) $200-317 Subconsultant Bill Rates
BSK Associates
Principal $314-364
P2S Inc.

Engineer Grade 04 $299-337
TBD Consultants
Senior Estimator $245-295
FirstCarbon Solutions
Director/Vice President $320-395
Section 8 Exceptions to this Request for Qualifications RRM certifies that we take no exception(s) to this RFQ including, but not limited to, the sample City’s Standard Design Professional Services Contract.

RRM has read the City’s Standard Design Professional Services Agreement and will enter into such agreement if RRM is selected.

Exhibit A

Item #20

CITY COUNCIL AGENDA REPORT

August 19, 2025
Public Works - Engineering Division

TITLE: AUTHORIZE THE CITY MANAGER TO ENTER INTO A SECOND AMENDMENT

TO THE PROFESSIONAL SERVICES AGREEMENT WITH SEQUOIA
ECOLOGICAL CONSULTING, INC. FOR $20,870, FOR A TOTAL NOT-TO- EXCEED AMOUNT OF $172,485, AND EXTENDING THE TERM FOR ONE YEAR

TO PROVIDE ADDITIONAL ENVIRONMENTAL SERVICES FOR THE AUGUSTIN BERNAL FUEL MANAGEMENT PROJECT, CIP NO. 25783

SUMMARY
In 2024, the City selected Sequoia Ecological Consulting, Inc. (Sequoia) as the most qualified environmental consulting firm for the Augustin Bernal Community Park fuel reduction project, CIP No. 25783. The $137,834 agreement to prepare the environmental documents included a contingency of $14,000 for amendments to the agreement. A first amendment for $13,781 was approved in May 2025 for rare plant surveys required for the project.

Staff recommends the City Council approve a second amendment to the agreement with Sequoia for a not-to-exceed amount of $20,870 for additional special-status plant species surveys and to provide bid assistance. The services were identified as necessary during the environmental review process and the costs for the project are fully funded by the California Department of Forestry and Fire Protection (CAL FIRE) reimbursable grant. Preparation of the environmental documents and bid package is expected to be completed by early 2026.

RECOMMENDATION
Approve and authorize the City Manager to execute a second amendment to the professional services agreement with Sequoia Ecological Consulting, Inc. for $20,870 for a total not-to- exceed amount of $172,485 extending the term through December 31, 2026 to provide additional special-status plant surveys and bid assistance.

BACKGROUND
In early 2023, staff applied for a grant opportunity via the CAL FIRE California Climate Investments Wildfire Prevention Grants Program to reduce fuel in an approximately 125-acre area in and around Augustin Bernal Community Park.

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) to plan, design, construct, and implement the fuel reduction project. In March 2024, City staff advertised a Request for Qualifications (RFQ) for a CEQA- compliant vegetation treatment program for an approximately 125-acre area of Augustin Bernal Community Park. Sequoia Ecological Consulting, Inc. (Sequoia) was selected as the most qualified bidder. The City Council awarded Sequoia a Design Professional Services Agreement, Contract No. 2024538, on July 16, 2024, for $137,834 to prepare the environmental documents. The City Council also approved a contingency of $14,000 for the Director of Public Works to approve contract amendments.

In May 2025, the City approved a first amendment for $13,781 for three rare plant surveys determined to be necessary by the regulatory agencies prior to construction.

DISCUSSION
Sequoia is now nearing the completion of the environmental documentation for the Augustin Bernal fuel management project, including the submittal of the draft Project Specific Analysis (PSA) and California Vegetation Treatment Program (Cal VTP) addendum.

The proposed additional environmental services will allow for the completion of the work necessary to advertise the fuel management project for bid, including additional special-status plant surveys, project management, and bid support. Prior to requesting the services from Sequoia, staff contacted CAL FIRE to confirm whether the Augustin Bernal Fuel Management project was exempt from CEQA based on the Governor's proclamation to expedite the environmental process for fuel management projects. CAL FIRE confirmed that the project was not exempt and directed staff to proceed with the services as planned. The cost of the environmental services is consistent with the expectations of the grant. Sequoia’s services are expected to be complete and the project put out to bid by early 2026. Staff will submit the fuel management construction contract to the City Council at a future date once the project has been advertised and the qualified low bidder is identified.

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
Not applicable, 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, 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 second amendment amount of $20,870, for a not-to-exceed total of $172,485 for the professional services agreement with Sequoia, will be entirely funded by the reimbursable CAL FIRE grant.

Prepared by: Submitted by: Approved by:

Adam Nelkie, Assistant Dir.
of Public Works -
Engineering
Siew-Chin Yeong, Director of Public
Works

Gerry Beaudin, City
Manager

Attachments:

1. Amendment to Professional Services Agreement with Sequoia

Second Amendment Page 1

SECOND AMENDMENT TO AGREEMENT

This Second Amendment to Agreement ("Second Amendment") is entered into this 19th day of August 2025 by the City of Pleasanton ("City") and Sequoia Ecological Consulting, Inc. ("Consultant”)

Whereas, on July 16, 2024, the City and Consultant entered into a Design Professional Services Agreement for environmental design services ("Agreement"); and

Whereas, the City and Consultant entered into a first amendment on May 5 th, 2025 for
necessary rare plant surveys additional compensation is required to conduct necessary special status plant species surveys; and

Whereas, additional compensation is required to conduct necessary special status plant species surveys, project management, and bid support and the contract terms require extension:

Whereas, the parties desire to amend the Agreement;

Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:

1. Section 1 of the Agreement “Consultant Services” is amended to include the special- status species survey, project management, and bid support services described in Exhibit A.

2. Section 4 of the Agreement, "Term" is amended to extend the contract term to December 31, 2025.

3. Section 5 of the Agreement, "Compensation" is amended to read: the compensation is increasing by $20,870 for a new total compensation amount of $172,485.

4. This amendment 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.

3. All other terms and conditions of the Agreement shall remain in full force and effect.

In witness whereof, authorized representatives of the parties have executed this Second Amendment to the Agreement as of the date second above written.

CITY OF PLEASANTON CONSULTANT

_____________________________ By: __________________________ Gerry Beaudin, City Manager Signature

ATTEST:

Second Amendment Page 2
__________________________
P r i n t n a m e

_____________________________ Title: __________________________ Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

_____________________________
Daniel G. Sodergren, City Attorney

Rev. 3/23

1342 Creekside Drive  Walnut Creek, CA 94596  925.855.5500  www.sequoiaeco.com

Date: July 16, 2025
To: Matt Gruber | Project Manager and City Landscape Architect (925) 931-5672| [email protected]
City of Pleasanton
200 Old Bernal Ave
PO Box 520
Pleasanton, CA 94566
From: Alex Hirth | Project Manager and Biologist
510-684-2352| [email protected]
Sequoia Ecological Consulting
1342 Creekside Dr.

Walnut Creek, CA 94596
RE: Scope of Work and Cost Estimate for Pre-Bid Award Services - Augustin Bernal Community Park Fuels Project in support of CalVTP PSA

Dear Mr. Gruber:

Thank you for contacting Sequoia to request our proposal for Pre-Bid Award Services and support work for the City of Pleasanton’s Augustin Bernal Community Park Fuels Project (Project) in Pleasanton, CA.

Sequoia understands that the East Bay hills are considered to be one of the highest fire risk areas in California, with the potential for devastation exacerbated by their proximity to the wildland-urban interface. To reduce the risk of fire within Alameda County, the City of Pleasanton (the City, Client) provides a proactive approach to mitigating the impacts resulting from wildfires by reducing fuels in the Project area through use of the California Vegetation Treatment Program Project-Specific Analysis (CalVTP PSA).

Sequoia previously submitted a scope and provided a cost estimate for a PSA and addendum to support the City's CalVTP project. Subsequently, Sequoia was asked for a quote to perform additional services to support the Project. To accomplish this, Sequoia proposes the following scope of work:
• Task 3 – Rare Plant Surveys
o Task 3.3 Rare Plant Survey Report
• Task 4 – Pre-Bid Award Support and Services
o Task 4.1 Project Management and Coordination
o Task 4.2 Request for Bid Package
o Task 4.3 Special-status Species and Pre-treatment Surveys

EXHIBIT A

Sequoia Ecological Consulting, Inc.

Scope of Work and Cost Estimate
Pre-Bid Award Services and Support | City of Pleasanton Augustin Bernal Community Park Fuels Project July 2025

Page
2 of 6

o Task 4.4 Pre-treatment Surveys

SCOPE OF WORK
TASK 3 – Rare Plant Surveys
Task 3.3: Rare Plant Survey Report
Sequoia performed rare plant surveys under a separate task order/budget amendment. This task is for Sequoia to summarize and communicate results of the surveys in a report format. Sequoia will prepare the botanical survey report documenting results of the surveys within 30 days after the last survey period has been completed.

Deliverables
 Botanical Survey Report – The report will follow guidelines included in the 2018 CDFW guidelines and include results from all survey periods and all survey areas. The report will include project description, survey methodology and results, and assessment of potential project impacts.
 CNDDB entries – One (1) form will be completed for each sensitive species or population documented and submitted to CDFW after City review, as applicable.

Assumptions:
 The Botanical Survey Report will be submitted no later than 30 days after completion of the last survey period.
- One (1) report will be prepared, covering all survey periods.  One (1) round of edits with City will be included for the botanical survey report. Any additional edits needed for report or supporting materials will be conducted as requested as time and materials.
 Sequoia will provide CNDDB forms directly to City for review and will then submit them to CDFW via email. No need for edits to CNDDB forms are anticipated.

TASK 4 – Pre-Bid Award Services and Support
Task 4.1: Project Management and Coordination
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 managers will oversee

Sequoia Ecological Consulting, Inc.

Scope of Work and Cost Estimate
Pre-Bid Award Services and Support | City of Pleasanton Augustin Bernal Community Park Fuels Project July 2025

Page
3 of 6

and coordinate the project and project team and 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 managers 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 managers 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, scheduling field work, or other miscellaneous tasks occurring requiring senior biological review.

Deliverables
 Weekly email updates
Assumptions:
 Three (3) virtual 1-hour meetings are included
 Budget includes one (1) in-person site visits with the City (one pre-bid tour with contractors)

Task 4.2: Request for Bid Package
Sequoia will assist the City with developing the contractor bid package including contract specifications and work descriptions/orders.

Deliverables
 One (1) Contractor Bid Package.

Assumptions:
 The City will provide a standardized Request for Bid template which includes contract template, insurance requirements, etc. Sequoia will not develop these elements as they are related to the City-specific contracting procedures.
 Assumes two (2) hours for Program Manager, one (4) hour Project Manager, four (4) hours for Assistant Project Manager, eight (8) hours of Staff Biologist, and three (3) hours of Technical Editor.
 One (1) round of City edits.

Sequoia Ecological Consulting, Inc.

Scope of Work and Cost Estimate
Pre-Bid Award Services and Support | City of Pleasanton Augustin Bernal Community Park Fuels Project July 2025

Page
4 of 6

Task 4.3: Special-Status Species and Pre-treatment Surveys A Sequoia biologist will conduct focused special-status species surveys prior to the beginning of treatment activities in suitable habitat for special- status species that has the potential to be directly or indirectly affected by a treatment activity. The survey area will be determined by a qualified biologist based on the species and habitats and any recommended buffer distances in agency protocols. Focused or protocol surveys for a special-status species with potential to occur in the treatment area may not be required if presence of the species is assumed.

Simultaneous with special -status species surveys, the Sequoia biologist will conduct pre -treatment surveys prior to the beginning of treatment activities. Surveys and associated findings are valid for one year.

Some select anticipated species based on the treatment areas:

Alameda whipsnake: The qualified biologist shall conduct surveys for Alameda whipsnake within the work area. The biologist will log and record any detections.

Nesting birds: The qualified biologist shall conduct surveys for nesting birds within the work area and a minimum of 300 feet surrounding the work area for raptors and 100 feet for non-raptors. Nest locations shall be flagged with an appropriate avoidance buffer reported to the City and to the vegetation removal crew lead for appropriate action.

San Francisco dusky-footed woodrat: The qualified biologist shall conduct surveys for San Francisco dusky- footed woodrat (SFDW) nests within the project area. If any SFDW nests are found, they shall be flagged with a 5-foot avoidance buffer and reported to City.

Deliverables
 Sequoia will draft a pretreatment survey report detailing the survey efforts and results.  Sequoia will collect GPS points and polygons of any occurrences and will share GIS layers with the City.
- Maps can be created for additional costs.

Assumptions:
 Staff Biologist includes three (3) hours of drive time, one (1) hour of coordination and reporting, and eight (8) hours onsite for each survey.

Sequoia Ecological Consulting, Inc.

Scope of Work and Cost Estimate
Pre-Bid Award Services and Support | City of Pleasanton Augustin Bernal Community Park Fuels Project July 2025

Page
5 of 6

 The level of effort is assumed to be three (3) days for 2 biologists to survey the entirety of the treatment area.
 Focus special-status surveys do not include protocol level surveys for special-status species, should those be required a change order can be submitted.

GENERAL ASSUMPTIONS
 City will provide Sequoia with safe access to the site, access routes, and all applicable survey areas at an agreed upon time between the City and Sequoia, and any necessary landowner notifications will be provided by City prior to field work.  Assumes safe and efficient access will be provided at an agreeable time between City and Sequoia. Sequoia will conduct job safety analysis (JSA) and provide standard PPE including hard hat, safety vest, and hearing and eye protection. No additional safety training, PPE, or other site access constraints are anticipated or scoped at this time.  City to provide geodata (ESRI Shapefile, Google Earth KMZ, CAD)  Should the City require any additional studies or work outside of the scope outlined in this proposal, Sequoia can provide a revised scope and cost estimate.  Mileage, overnight stay, and per diem during overnight stay will be charged at standard GSA rate.
 All deliverables and data will be submitted electronically.  All project-related GIS data created by Sequoia will be available upon request, either in an ESRI shapefile or geodatabase format, and/or Google Earth KMZ.

Sequoia Ecological Consulting, Inc.

Scope of Work and Cost Estimate
Pre-Bid Award Services and Support | City of Pleasanton Augustin Bernal Community Park Fuels Project July 2025

Page
6 of 6

COST ESTIMATE
Sequoia anticipates providing services on a time and materials (T&M) basis. This costing approach may be modified upon direction by the City. The estimated costs cover the scope of work and assumptions provided above.

Project Summary table Cost Type
(Unit/T&M) Total Cost
Task 3.3 Rare Plant Survey Report T&M $5,689
Task 4. Pre-Bid Award Services and Support
Task 4.1 Project Management and Coordination T&M $1,966 Task 4.2 Request for Bid Package T&M $4,049
Task 4.3 Focused Special-status Species Surveys T&M $9,166 TOTAL $20,870
If you have any questions or concerns, please do not hesitate to contact me at the email or phone number listed below. Thank you for the opportunity to support you on this project.

Sincerely,
Alex Hirth| Project Manager and Biologist
Sequoia Ecological Consulting, Inc.

Mobile: 510.684.2352 | Main: 925.855.5500 | [email protected]

Item #21

CITY COUNCIL AGENDA REPORT

August 19, 2025
Public Works - Engineering Division

TITLE: AUTHORIZE THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO

THE PROFESSIONAL SERVICES AGREEMENT WITH ENGEO INCORPORATED IN THE AMOUNT OF $298,325 WITH AN APPROXIMATELY 5 PERCENT CONTINGENCY OF $14,916 FOR A TOTAL COST OF $313,241, INCREASING THE TOTAL CONTRACT AMOUNT FROM $782,407 TO $1,080,732 AND EXTENDING THE TERM TO JUNE 30, 2027, FOR THE SYCAMORE CREEK STORM IMPROVEMENTS (SUNOL BOULEVARD) PROJECT, CIP NO. 24662

SUMMARY
Severe winter storms in early 2023 caused widespread damage throughout the city, posing significant risks to public safety due to flooding, fallen trees, power outages, and property damage. In response, the City Council ratified a local emergency declaration on January 11, 2023. City staff and on-call vendors undertook debris removal and site restoration efforts, but nine sites require permanent repairs.

On April 16, 2024, the City entered into a professional services agreement with ENGEO Incorporated to provide design services across five storm-related capital projects. For the Sycamore Creek Storm Drain Improvements (CIP Nos. 24662 and 24680), ENGEO conducted a feasibility study that recommended a new storm drain alignment to address flooding along Sycamore and Sunol Boulevard. Initial findings indicated that work originally scoped along Sycamore Road under CIP No. 24680 can be reduced and funding was reallocated accordingly.

Staff recommends an amendment to the agreement with ENGEO to include final design, permitting, bid document preparation, and construction support for the preferred alternative.

The amendment amount is $298,325, with a 5 percent contingency of $14,916, with an extended term through June 30, 2027.

RECOMMENDATION

1. Approve and authorize the City Manager to execute the first Amendment to the professional services agreement with ENGEO Incorporated in the not-to-exceed amount of $298,325 increasing the total contract amount from $782,407 to $1,080,732 and extending the term to December 31, 2027.

2. Authorize the Director of Public Works to execute amendments to the professional services agreement with ENGEO Incorporated for up-to $14,916 (5 percent contingency).

BACKGROUND
Severe winter storms from December 2022 to March 2023 caused damage throughout the city.

The weather events resulted in risks to the health, safety, and welfare of persons and property due to flooding, downed trees, loss of power, and property damage. On January 11, 2023, the City Council adopted a resolution to ratify and confirm the Proclamation of the Existence of a Local Emergency, issued by the Director of Emergency Services / City Manager on January 9, 2023.

City staff and on-call vendors performed work to clear debris and sediment from various damaged sites to restore a majority of the areas to pre-disaster or better conditions prior to the start of the 2024 rainy season. However, nine of the more severely damaged sites require permanent repair and mitigation. Temporary measures were put in place until permanent repairs could be designed and constructed.

Sycamore Creek and its associated storm drain system have a documented history of localized flooding near the intersection of Sunol Boulevard and Sycamore Creek Way, with significant property damage and street closures occurring in 2017 and again in 2023. Due to the absence of dedicated storm drain funding, the City Council reviewed the Capital Improvement Program (CIP) in March 2024 and approved the reallocation of funding from existing projects to provide $18 million for permanent storm repair projects. This reallocation was included in the Mid-Term CIP Update adopted by the City Council in June 2024.

On April 16, 2024, the City and ENGEO Incorporated (ENGEO) entered into a design services agreement. The agreement is broken into separate tasks and billed to five individual projects.

For the Sycamore Creek Storm Drain Improvements (Sunol Boulevard), CIP No. 24662, and Sycamore Creek Storm Drain Improvements (Sycamore Road), CIP No. 24680, ENGEO was tasked with providing a feasibility study, which included a survey of existing facilities, for the potential realignment of the City-owned Sycamore Creek storm drainage facilities, bringing a 1997 hydrology report up to 2018 Alameda County standards, providing hydraulic models of project alternatives, and a cost estimate and 65 percent drawings of the preferred alternative.

The design work was included in the original solicitation. The April 16, 2024, City Council report recommended staff seek City Council approval to continue into the design after the feasibility study which identified the necessary Sycamore Creek improvement. All work to date has occurred under CIP No. 24662, as initial studies revealed extensive work originally expected to be built under CIP No. 24680 would not be required. Accordingly, and as part of the CIP adopted by City Council in June 2025, funding for the Sycamore Creek Storm Drain Improvements (Sycamore Road), CIP No. 24680, was reallocated.

DISCUSSION
The feasibility study completed by ENGEO resulted in a proposed alternative consisting of diverting and re-routing a portion of the storm drain system currently located on Sycamore Road into a new separate storm drain system and then routing it around a portion of Sunol Boulevard where flooding has historically occurred. The proposed storm drain would ultimately discharge into Cemetery Creek just north of Sunol Boulevard and east of the Thermo Fisher Scientific building at 6055 Sunol Boulevard, in a new stabilized outfall structure with energy dissipation extending into the creek channel (see Attachment 3 for the proposed design). All work is anticipated to be within the City's right of way or a public service easement.

As a part of this amendment, ENGEO will complete the design, oversee permitting, prepare

biddable construction documents, and provide construction support services. Staff recommends approving an amendment to the professional services agreement with ENGEO Incorporated for the not-to-exceed amount of $298,325 (with an approximately 5 percent contingency of $14,916). Upon approval of the City Council, staff plans to start design by December 2025 with start of construction in spring 2026. The project schedule is dependent on the California Department of Fish and Wildlife’s review and approval of the project implementation.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
ENGEO will prepare a cultural resource evaluation to obtain CEQA clearances for the project.

EQUITY AND SUSTAINABILITY
Approval of this action advances the City’s Climate Action Plan 2.0 – Community Resilience and Wellbeing by improving public services to ensure all communities are prepared for climate- related impacts.

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

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the ONE Pleasanton Strategic Plan goal of Safeguarding Our City, Strategy 4 – Identify funding sources and implement the hazard mitigation plan to address response to natural disasters.

FISCAL IMPACT
The amendment with ENGEO for $298,325 (with an approximately 5 percent contingency of $14,916) will be funded from the Sycamore Creek Storm Drain Improvements (Sunol Boulevard), CIP No. 24662, which has a balance of $4,603,873.

Prepared by: Submitted by: Approved by:

Adam Nelkie, Assistant Dir.
of Public Works -
Engineering
Siew-Chin Yeong, Director of Public
Works

Gerry Beaudin, City
Manager

Attachments:

1. Amendment to Professional Services Agreement with ENGEO Incorporated

2. Financial Expenditure Summary

3. Proposed Storm Drain Alignment

FIRST AMENDMENT TO AGREEMENT

This First Amendment to Agreement ("First Amendment") is entered into this 19th day of August 2025 by the City of Pleasanton ("City") and ENGEO Incorporated. whose address is 2010 Crow Canyon Place, Suite 250, San Ramon, CA 94583, and telephone number is (925) 270-7980, ("Consultant").

Whereas, on April 16, 2024the City and Consultant entered into a Design Professional Services Agreement for Storm Damage Repair Sites Design Services ("Agreement"), Contract No. 2024538; and

Whereas, the parties desire to amend to the contract, extending the term of the contract to June 30, 2027;

Whereas, the parties desire to amend to the contract, adding to the Scope of Work “Exhibit A” the proposal from ENGEO Incorporated dated July 10, 2025

Whereas, the parties desire to amend to the contract, increasing the fee for services from $782,407 to $1,080,732.

Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:

1. Section 1 of the Agreement, "Consultant’s Services” is amended to include to Exhibit “A”, Scope of Work:

ENGEO Incorporated “Request for Authorization for 100% Plans, Specifications, and Estimates” dated July 10, 2025.

2. Section 4 of the Agreement, " Term" is amended to read:

Term. The work as described in Exhibit A, Scope of Work, shall be completed by December 31, 2027, unless an extension is approved by the City.

3. Section 5 of the Agreement, “Compensation” is amended to read:

Compensation Total compensation for services and reimbursement for costs shall not exceed $1,080,732 unless parties agree pursuant to Section 8, below.

4. This amendment 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.

5. All other terms and conditions of the Agreement shall remain in full force and effect.

In witness whereof, authorized representatives of the parties have executed this First Amendment to the Agreement as of the date first above written.

CITY OF PLEASANTON CONSULTANT

_____________________________ By: __________________________ Gerry Beaudin, City Manager Signature

__________________________
Print name

Title: __________________________
[If Contractor or Consultant is a
corporation, signatures must comply with
California Corporations Code §313]

ATTEST:

_____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

By: __________________________
_____________________________ Signature
Daniel G. Sodergren, City Attorney
__________________________
Print name

Title: __________________________

Rev. 3/23

GEOTECHNICAL

ENVIRONMENTAL

WATER RESOURCES

CONSTRUCTION SERVICES

COASTAL/MARINE GEOTECHNICS

2633 Camino Ramon, Suite 250  San Ramon, CA 94583  (925) 866-9000  [email protected] www.engeo.com
Project No.

P6621.002.001
February 18, 2025
Lastest Revision July 10, 2025

Mr. Bill Carlson, PE
Associate Civil Engineer
Public Works Department, Engineering Division
City of Pleasanton
PO Box 520
Pleasanton, CA 94566

Subject: Sycamore Road and Sunol Boulevard Storm Drain Improvements Pleasanton, California

REQUEST FOR AUTHORIZATION FOR 100% PLANS, SPECIFICATIONS,

AND ESTIMATES

Dear Mr. Carlson:

The team of ENGEO Incorporated (ENGEO), WRA Incorporated (WRA), Evans & DeShazo Incorporated (EDS), Ruggeri-Jensen-Azar (RJA), and PASE is pleased to present this proposal in regards to improvements of a City-owned storm drain near the intersection of Sycamore Road and Sunol Boulevard located in the City of Pleasanton (City). ENGEO and MacKay and Somps have completed a 60 percent set of design plans, which has been reviewed by the City. The plans show that the project would divert and re -route a portion of the storm drain system currently located on Sycamore Road into a new separate storm drain system, and route it around a portion of Sunol Boulevard where flooding has historically occurred . The proposed storm drain would ultimately discharge into Cemetery Creek just north of Sunol Boulevard and east of the Thermo Fisher Scientific building at 6055 Sunol Boulevard, in a new stabilized outfall structure with energy dissipation extending into the creek channel.

This proposal is intended to cover services required for a 100 % final design of the project , including CEQA (California Environmental Quality Act) clearances, resource agency permits, a geotechnical report, structural engineering, additional survey and utility reconnaissance, and final plan and specification preparation.

A summary of our scope of services follows.

SCOPE OF SERVICES

Phase 001 – Refined Land Surveying

RJA will provide an aerial topographic survey (at 1 inch = 40 feet scale) with 1 -foot contour intervals of the proposed outfall location into Cemetery Creek. The topographic survey will assess and confirm existing site conditions to be used as the basis of design for the outfall location, which will need to be permitted through the United States Army Corps of Engineers, the California Department of Fish and Wildlife, and the San Francisco Bay regional Water Quality Control Board.

In terms of the rest of the alignment, we will forgo any potholing of existing utilities and assume utilities have been correctly vertically and horizontally located using City information.

City of Pleasanton P6621.002.000
Sycamore Road and Sunol Boulevard Storm Drain Improvements February 18, 2025 REQUEST FOR AUTHORIZATION FOR 100% PLANS, Latest Revision July 10, 2025 SPECIFICATIONS, AND ESTIMATES Page 2

Phase 002 – Geotechnical and Basis of Design Reports for Outfall Design

ENGEO will complete a geotechnical report of the proposed storm drain improvement . This will require two boring s to 20 feet along the storm drain alignment on the Thermo Fisher Scientific Property, where shoring will likely be required during construction.

ENGEO will also provide a basis of design report for the outfall structure for resource agency review, to show that rock energy dissipation impacts have been reduced to the maximum extent practical at the outfall location . These reports will discuss the approximate limit of impacts to jurisdictional waterways, approximate construction methods to be used, and preliminary volumetric and linear impact quantities of cut and fill materials that can be used for environmental permitting purposes in conjunction with studies from WRA.

Phase 003 – Cultural Resources Evaluation

EDS will prepare a cultural resources evaluation for the proposed storm drain outfall. The cultural resources evaluation will be required for conformance with CEQA guidelines and Section 106 of the National Historic Preservation Act (NHPA). EDS will prepare maps for the stud y, including location maps that depict the Project site on USGS 7.5 -minute quadrangles, Area of Potential Effect (APE) maps, survey coverage maps, and any other maps necessary for research or documentation purposes. GPS data processing includes post-processing any GPS-collected field data and incorporating GPS -collected field data into ArcGIS for mapping purposes. EDS will complete a record search at the Northwest Information Center (NWIC) of the California Historical Resources Information System (CHRIS) located in Rohnert Park, California, to obtain and review information about previously recorded cultural resources within the Project Areas and within

0.25 mile of the Project Areas, or a greater distance if warranted by the paucity of cultural resource information within 0.25 mile. The research will consist of reviewing historical maps, aerial photographs, and other information to assist in assessing the potential/sensitivity of the project area to contain buried archaeological resources that could be encountered during ground-disturbing activities associated with the project. A final report will be submitted to the United States Army Corps of Engineers (USACE) as part of their Federal Review of the project.

Phase 004 – Baseline Biological Studies to Support Resource Agency Permitting

WRA will complete the following baseline biological surveys for the Project at the storm drain outfall.

• Delineation of waters of the United States per USACE protocol • Mapping of vegetation community and land cover types, including the approximate limits of riparian vegetation (based on a top-of-bank delineation provided by ENGEO) • Mapping and inventory of trees

The delineation of the waters of the United States will include mapping the extent of wetlands and non-wetland waters per the required USACE protocol. The results of the delineation will be summarized in a memorandum, including a Delineation Map that identifies and describes potential waters of the United States. Attachments to the memorandum will include required data forms, photographs of existing conditions, soil series maps, and precipitation data. Based on preliminary research of the Project area, WRA assumes Cemetery Creek is under the jurisdiction of the USACE. To expedite the permitting process and to achieve cost savings, WRA proposes

City of Pleasanton P6621.002.000
Sycamore Road and Sunol Boulevard Storm Drain Improvements February 18, 2025 REQUEST FOR AUTHORIZATION FOR 100% PLANS, Latest Revision July 10, 2025 SPECIFICATIONS, AND ESTIMATES Page 3

submitting a Preliminary Jurisdictional Determination (PJD) request together with the USACE permit application as the most efficient strategy for this project.

The mapping and inventory of trees will be conducted in anticipation of the California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement requirements. WRA biologists will map and inventory all trees within the study area that are at lea st 2 inches in diameter at breast height (DBH). WRA will map the tree locations using GPS technology and will document: genus and (when possible) species identification, status as a native or non -native species, and status as upland or riparian tree. Small er trees (< 6 inches DBH) and groups of trees may be mapped as polygons rather than individual points. Trees will not be tagged and WRA will not prepare an arborist report. Deliverables will be limited to a tree inventory spreadsheet and maps/shapefiles of the tree survey results.

Based on the relatively urban and disturbed setting of the study area, it is assumed that a protocol-level rare plant survey will not be required.

Phase 005 – Biological Resources Reports

Informed by the baseline biological studies, WRA will prepare a Biological Resources Reconnaissance Report (BRRR). The BRRR will outline the plant and wildlife species and habitats with moderate to high potential to occur and that would be of concern to state and federal permitting agencies. This report will not be prepared as a CEQA Initial Study-level technical report because WRA assumes that the project will qualify for a Categorical Exemption.

Additionally, WRA assumes that no impacts to species listed by the Endangered Species Act (ESA) or their habitat will occur as a result of the project, and that USFWS (and potentially NMFS) will concur with a proposed not likely to adversely affect (NLAA) determination. To support this process, and as required by the USACE to complete ESA Section 7 Consultation for the CWA permitting process, WRA will prepare a supporting document presenting an analysis proposing an NLAA determination.

Phase 006 – Resource Agency Permits

Section 404 Permit – United States Army Corps of Engineers (USACE)

Based on the size and nature of the repairs proposed in the storm drain improvements, it is assumed that the project will qualify for coverage under a Nationwide Permit (NWP), potentially “NWP 3 – Maintenance” or “NWP 18 – Minor Discharges.” WRA will prepare a permit application package for submission to the USACE based on information available from the site plan through the USACE Regulatory Request System (RSS). The permit application packages will address potential impacts to USACE jurisdiction and the ne cessary permit requirements, including all applicable documentation prepared during the baseline biological surveys and reports (Phases 005 and 006) as well as documentation provided to WRA, such as the Cultural Resources Documentation for NHPA Section 106 compliance (Phase 004), a dewatering plan (if necessary), information regarding post -construction stormwater management based on the project’s stormwater management plan, and other documentation related to engineering, design, or hydrology.

City of Pleasanton P6621.002.000
Sycamore Road and Sunol Boulevard Storm Drain Improvements February 18, 2025 REQUEST FOR AUTHORIZATION FOR 100% PLANS, Latest Revision July 10, 2025 SPECIFICATIONS, AND ESTIMATES Page 4

WRA will act as the agent during the permitting process. Typically, the USACE may request a site visit to discuss the proposed project and potential impacts on areas within their jurisdiction, and potentially to verify the delineation. Therefore, this task includes one site visit for the WRA permitting specialist.

Section 401 Water Quality Certification/Waste Discharge Requirements – Regional Water Quality Control Board (RWQCB)

WRA assumes that at a minimum, all work within Cemetery Creek to top of bank or outer riparian canopy dripline (whichever area will be greater), plus any active mitigation areas, will be regulated by the RWQCB through the CWA 401 Water Quality Certificatio n. The contents of a WDR application are similar to those required by a Section 401 Water Quality Certification. Therefore, WRA will prepare a CWA 401 permit application and will request and attend the mandatory pre-filing meeting with the RWQCB. The permit application will include:

• Basic notification requirements as to site location , project description, and type and amount of fill in potential jurisdictional areas.
• Appropriate plan and cross-sectional view figures that show proposed impacts to jurisdictional areas.
• Delineation map based on a site visit conducted by WRA staff. • Anticipated schedule for project construction.
• Information regarding post -construction stormwater management based on the project’s stormwater management plan.
• Certified Environmental Quality Act documentation (see Phase 008, below).

This scope of work assumes that no Watershed Plan or Alternatives Analysis will be required by the RWQCB.

CDFW Streambed Alteration Agreement

CDFW requires any person who may affect the bed or bank of a perennial, intermittent, or ephemeral river, stream, or lake to provide notification via a California Fish and Game Code Section 1602 Lake and Streambed Alteration Agreement (LSAA). The CDFW 1602 Notification requires completion of an EPIMS Notification online, including completion of an environmental questionnaire and submittal of documents and information regarding engineering, impacts, and mitigation. WRA will prepare the application materials using EPIMS and will provide additional supporting information, such as site plans, maps, the Bio Study, and impact analysis, including tree and riparian vegetation impacts, all of which are needed to support application processing. WRA will prepare a draft LSAA for ENGEO and City review and comment before submitting a final package upon City approval. Once CDFW issues a draft agreement, WRA will review the draft agreement and make recommendations to City to accept the agreement or request modifications.

Phase 007 – Mitigation Strategy

It is assumed that riparian or other vegetation enhancement or re-establishment will be acceptable mitigation for regulating agencies (i.e., no creation, establishment, or re-establishment of wetlands or creek channel features on-site or off-site will be required). Based on this assumption, WRA will

City of Pleasanton P6621.002.000
Sycamore Road and Sunol Boulevard Storm Drain Improvements February 18, 2025 REQUEST FOR AUTHORIZATION FOR 100% PLANS, Latest Revision July 10, 2025 SPECIFICATIONS, AND ESTIMATES Page 5

prepare a Conceptual Mitigation and Monitoring Plan (CMMP) suitable to support initial permit applications. The CMMP will be based on input from ENGEO and/or City about available planting areas within the study area. WRA will not design detailed plans, or planting and irrigation plans.

Although we believe impacts to the creek will not require a substantial mitigation component, we have not provided a budget if off-site mitigation is required by the RWQCB for impacts to the existing creek at the outfall location. Any extra work assopciated with mitigation requirements will be done on a time-and-expense basis, based on our current fee schedules.

Phase 008 – CEQA Exemptions

Pursuant to the California Environmental Quality Act (CEQA), WRA anticipates that the project can qualify for a CEQA Categorical Exemption and that a CEQA Initial Study/Mitigated Negative Declaration will not be required. WRA will prepare a CEQA Notice of Exemption (NOE) for the project that describes the characteristics of the project and its CEQA exemption status. The NOE will include an Addendum that will provide the rationale for the application of the Categorical Exemption based on the project description and Article 19 of the CEQA Guidelines (Categorical Exemptions). The Addendum will also explain why the project does not meet any applicable exceptions to Categorical Exemptions and will refer to existing technical reports prepared for the project site. The NOE will then be filed with the Alameda County Clerk. Projects that are categorically exempt from CEQA are not subject to the California Department of Fish and Wildlife (CDFW) CEQA filing fee, and do not require a CDFW “no effect” determination (Cal Code Regs., tit. 14, §§ 15260 -15333; Fish & Game Code § 711.4, subd. (d)(1)). WRA assumes one round of review of the Categorical Exemption and Addendum by City.

Phase 009 – Structural Engineering

PASE will provide structural engineering services for the design of new storm drain structures , including manholes, inlets, and outfall protection measures that differ from City standard details as follows.

• Design three rectangular cast-in-place concrete storm drain manholes with either a curb inlet or manhole access in the top slab. The structures will join multiple 60 -inch pipes on the two long sides. It is anticipated that the manholes will have overall dimensions of about

7.5’ x 17’ x 8.5’ tall. The bottom of the manholes will be about 17’ maximum below the roadway surface and will have about 8.5’ maximum of earth cover. • Design three square cast-in-place concrete storm drain manholes with manhole access in the top slab. The structures will join multiple 60-inch pipes on either two or four of the sides. It is anticipated that the manholes will have overall dimensions of about 9’ x 9’ x 8.5’ tall. The bottom of the manholes will be about 13.5’ maximum below the roadway surface and will have about 5’ maximum of earth cover.
• Design of a cast-in-place concrete outfall structure from a 60-inch pipe into Sunol Creek. It is anticipated that the structure will include a headwall, parallel wing walls, an apron slab, at least one cut-off wall, and no trash rack.

PASE also proposes to:

• Review all available documents for the project.

City of Pleasanton P6621.002.000
Sycamore Road and Sunol Boulevard Storm Drain Improvements February 18, 2025 REQUEST FOR AUTHORIZATION FOR 100% PLANS, Latest Revision July 10, 2025 SPECIFICATIONS, AND ESTIMATES Page 6

• Attend online project meetings as necessary and coordinate with the project team as necessary.
• Review the project geotechnical report and coordinate the design of the project with ENGEO. • Prepare structural drawings for the project, including plans, sections and details, structural specifications, and general notes. The structural drawings will be prepared in accordance with the 2022 Edition of the California Building Code.
• Prepare structural calculations for the project. The structural calculations will be prepared in accordance with the 2022 Edition of the California Building Code. • Respond to comments from City as required to resolve questions regarding the structural design aspects of the project.
• Go through one round of plan check/plan review comments.

Phase 010 – Engineering Plans, Specifications, and Estimates

RJA will provide civil engineering support as follows.

• Confirm pipe sizes, slopes, and materials based on hydraulic analysis and capacity requirements.
• Refine horizontal and vertical alignments based on hydraulic analysis and field findings, including survey and pothole information.
• Provide an updated engineer's estimate of probable construction cost at 90% and 100% submittals.
• Incorporate City comments based on review of preliminary plans and after 90% submittal. • Upon completion of construction, prepare one set of reproducible mylar "record" drawings of the public improvement p lans showing field changed information as provided by City, contractor, and agency inspection departments:
 It is intended that this task will not include any as-built survey services. If as-built survey services are required, they will be provided as Additional Service. • Assumes any coordination with utility providers (water, sewer, gas, electric, telecom) to resolve conflicts between proposed utilities and existing facilities will be handled by others contracted by City.

Phase 011 – Project Bidding Phase

RJA and ENGEO will:

• Assist City with the bidding process.
• Provide plans/CAD files to contractors.
• Attend pre-construction meetings and/or progress meetings. • Respond to City/contractors RFIs.
• Review material submittals.
• Assist City and contractors with plan interpretation/clarifications as needed. • Provide survey control exhibit/data to contractor if requested by City.

City of Pleasanton P6621.002.000
Sycamore Road and Sunol Boulevard Storm Drain Improvements February 18, 2025 REQUEST FOR AUTHORIZATION FOR 100% PLANS, Latest Revision July 10, 2025 SPECIFICATIONS, AND ESTIMATES Page 7

FEE

We estimate the following fees for the project , which we propose to bill on a time -and-expense basis. This estimate is based on our current understanding of the project. We will inform City if additional scope is required due to changed conditions or unforeseen regulatory requirement s.

The fee schedule is listed per consultant. ENGEO is requesting a 15 percent markup for all subconsultants based on our current contract with City.

• ENGEO ................................ ................................ ................................ ...................... $64,000  Geotechnical Investigation................................ ................................ .................... $19,000  Basis of Design Report ................................ ................................ ......................... $21,000  Project Management and Permitting Support ................................ ....................... $24,000 • EDS
 Cultural Resources Evaluation Cemetery Creek Outfall Area ................................ . $5,500 • WRA ................................ ................................ ................................ ........................ $104,000  Project Initiation and Coordination ................................ ................................ .......... $9,330  Delineation of Aquatic Resources and Tree Inventory ................................ .......... $20,888  Spatial Impacts Analysis and Exhibits................................ ................................ ..... $3,436  Biological Resources Reports ................................ ................................ ............... $11,838  Resource Agency Permit Applications ................................ ................................ .. $40,046  Mitigation Approach and Mitigation and Monitoring Plan................................ ....... $10,875  CEQA Support ................................ ................................ ................................ ........ $7,587 • PASE ................................ ................................ ................................ ......................... $26,500  Structural Design ................................ ................................ ................................ .. $19,000  Responses to Comments and Bid Phase Services ................................ ................. $7,500 • RJA ................................ ................................ ................................ ............................ $98,325  Peer Review of 60% Plans and Survey ................................ ................................ $17,250  90% and 100% Plans ................................ ................................ ........................... $37,950  Engineer’s Estimate and Plat and Legal Descriptions of Easements .................... $16,100  Specifications and Project Meetings ................................ ................................ ..... $12,075  Reimbusables ................................ ................................ ................................ ......... $5,750  Construction Support (Bid and Construction Support) and Record Drawings $9,200 TOTAL $298,325

REQUEST FOR CHANGE ORDER

ENGEO's liability for damage due to professional negligence, acts, errors, omissions, breach of contract and consequential damages will be limited by City to an amount not to exceed an aggregate limit of one million dollars or ENGEO’s fee, whichever is greater, regardless of the legal theory under which such liability is imposed.

If the above scope of services and fee are acceptable, please issue a change order to our contract dated April 14, 2024, as authorization to proceed. We can begin our services upon receipt of an executed agreement.

City of Pleasanton P6621.002.000
Sycamore Road and Sunol Boulevard Storm Drain Improvements February 18, 2025 REQUEST FOR AUTHORIZATION FOR 100% PLANS, Latest Revision July 10, 2025 SPECIFICATIONS, AND ESTIMATES Page 8

We look forward to serving you on this project. If you have any questions or comments regarding this proposal, please call and we will be glad to discuss them with you.

Sincerely,

ENGEO Incorporated

Jonathan Buck, GE Robert H. Boeche, CEG
Associate Principal

job/rhb/ca

ATTACHMENT 2
Project Funding to Date Amount Totals
2023-2024 CIP Allocation (Fund 441) $200,000
2024-2025 CIP Allocation (Fund 441) 4,800,000

TOTAL PROJECT FUNDING
Project Expenditures (to-date)
ENGEO Incorporated (Original Contract - Feasibility Study) $89,279 Miscellaneous Expenses 6,584
TOTAL PROJECT EXPENDITURES $95,863
Antcipated Project Expenditures
ENGEO Incoporated (Original Contract - Feasibilty Study) $1,939 ENGEO INCORPORATED - Contract Amendment #1 $298,325
TOTAL ANTCIPATED PROJECT EXPENDITURES $300,264
TOTAL PROJECT EXPENDITURES $396,127
Funding Balance/ (Shortfall)
Current Balance $4,603,873
$5,000,000

SYCAMORE CREEK STORM IMPROVEMENTS (SUNOL BOULEVARD)
CIP NO. 24662

60" STORM DRAIN
NOTES:

1.60" PIPE PROPOSED ALONG WEST SIDE OF SUNOL BOULEVARD IN LIEU OF TRAPEZOIDAL CHANNEL DUE TO DEPTH - 12± FEET THEREBY LIMITING SPACE FOR CHANNEL. CURRENT

ALIGNMENT ALONG SUNOL BLVD WESTERN FRONTAGE WILL REQUIRE RIGHT-OF-WAY ACQUISITION.

2.JUNCTION MANHOLE ADDED AT CROSSING WITH EXISTING STORM DRAIN ALONG SUNOL BOULEVARD. PIPE SIZES PROHIBIT CROSSING. GRADES SET ON PROPOSED STORM DRAIN TO MATCH GRADE ON EXISTING STORM DRAIN.

3.CONFLICTS WITH EXISTING UTILITIES WITH THE REVISED STORM DRAIN ALIGNMENT WILL REQUIRE FURTHER STUDY.

SUNOL BLVD

SYCAMORE ROAD

SYCAMORE ROAD

SYCAMORE CREEK
EX. CULVERT CROSSING

EX FL 352.00
EX 60" FL
353.84
60" STORM DRAIN
REPLACE EX 60" SD WITH (2) NEW PARALLEL 60" RCP SD

JUNCTION MANHOLE
(SEE NOTE 2)
60" STORM DRAIN
(SEE NOTE 1)
EX 30' PSE
RIM = 370.53
(2) 60" FL = 355.22
DEPTH = 15.31 TO FL
(9.8' OF COVER)
74 LF (2)-60" RCP SD
S=0.0039
179 LF (2)-60" RCP SD
S=0.0022
158 LF (2)-60" RCP SD
S=0.0028
RIM = 364.0±
60" FL = 353.39
DEPTH = 10.61 TO FL
(5.6' OF COVER)
256.5 LF 60" RCP SD
S=0.0010
RIM = 368.0±
FL = 352.00
DEPTH = 16' TO FL
(10.5' OF COVER)
532 LF 60" RCP SD
S=0.0020
241 LF 60" RCP SD
S=0.0030
RIM = 364.3
60" FL = 354.10
DEPTH = 10.2 TO FL
(4.7' OF COVER)
80 LF 60" RCP SD
S=0.0140

SYCAMORE CREEK

STORM DRAIN IMPROVEMENTS
ALTERNATIVE #1B
ATTACHMENT 3

Item #22

CITY COUNCIL AGENDA REPORT

August 19, 2025
Public Works - Operations Division

TITLE: AUTHORIZE THE CITY MANAGER TO ENTER INTO A MAINTENANCE AND AS-

NEEDED SERVICES AGREEMENT WITH TERRA LANDSCAPE FOR WEED

ABATEMENT SERVICES FOR A TOTAL NOT-TO-EXCEED AMOUNT OF
$547,651 FOR A THREE-YEAR TERM WITH THE OPTION TO EXTEND THE

AGREEMENT FOR TWO ADDITIONAL ONE-YEAR TERMS, WITH A TOTAL AGREEMENT AMOUNT NOT TO EXCEED FIVE YEARS AND $982,921

SUMMARY
The City is responsible for weed abatement within Pleasanton, which are carried out at various locations, including roadsides, drainage ditches, curbs, sidewalks, industrial sites, bioswales, and open space parcels. The current contract with Terra Landscape for weed abatement services expired on June 30, 2025.

A Request for Proposal (RFP) seeking weed abatement services was advertised on July 1, 2025. Upon reviewing the three submitted proposals, Terra Landscape was selected as the most qualified contractor. Staff recommends awarding a maintenance and as-needed services agreement to Terra Landscape in the not-to-exceed amount of $547,651, inclusive of a 15 percent contingency per year, for a three-year term with the option to extend the agreement for two additional one-year terms, not to exceed five years and $982,921.

RECOMMENDATION

1. Approve and authorize the City Manager to enter into a three-year maintenance and as- needed services agreement with Terra Landscape from September 1, 2025, to June 23, 2028, in the amount of $547,651 with a not-to-exceed amount of $152,847 for fiscal year (FY) 2025/26 (September to June), $192,588 for FY 2026/27, and $202,216 for FY 2027/28, inclusive of a 15 percent contingency per year.

2. Authorize the City Manager to exercise two optional one-year agreement extensions, provided upon satisfactory performance at the end of the agreement’s three-year term, with an increase based on the Consumer Price Index (CPI) in the fourth and fifth years, with a total contract amount not to exceed five years and $982,921.

BACKGROUND
Weed abatement work covered under this agreement is conducted at 151 locations throughout the city, including roadside rights-of-way, City-owned lots, open space locations, non-landscaped medians, swales, water and sewer facility sites, and v-ditches.

As the current contract for services expired on June 30, 2025, a Request for Proposals (RFP) was formally advertised on July 1, 2025, seeking weed abatement services. Three proposals were received for this project on July 23, 2025, from Terra Landscape, H & N Enterprises, and

New Image Landscape Company. Fees for the work ranged from $159,493 per year to $1,920,920 per year, and from $55 to $150 per hour for the as-needed services that may be required outside of the defined scope of work.

After reviewing all the RFP responses, staff determined that the proposal from Terra Landscape most fully met the criteria and qualifications for the project. Terra Landscape provided the lowest three-year bid, and the lowest average as-needed hourly rate of the proposals submitted. Terra Landscape’s implementation plan, experience with the City’s weed abatement, and bid amount made them the most qualified. Furthermore, Terra Landscape has satisfactorily executed the same contract for the City for the past ten years.

DISCUSSION
Weed abatement work is an important routine maintenance service that improves the safety of the community by upkeeping the landscaped area to reduce the amount of vegetation for fire safety. As part of this agreement, weeds that emerge from cracks and along roadsides and in non-landscaped medians are controlled to avoid line-of-sight issues that can be hazardous to drivers, pedestrians, and cyclists, as well as reducing fire hazard related to overgrown vegetation. Additionally, v-ditches and swales will be maintained under this agreement to reduce the likelihood of localized flooding and clogged storm drain inlets. Under this contract, 151 individual sites are addressed, covering approximately 100 acres. The scope of work is divided into ongoing routine work to keep water tanks, pump stations, and roadsides weed- free, and annual grass and weed trimming in May to reduce fuel loads in preparation for the wildfire season.

EQUITY AND SUSTAINABILITY
Weed abatement in City-maintained areas reduces fire hazards and increases public safety for the entire Pleasanton community. By continuing to implement a robust weed abatement program, the City will maintain the safety of its open space and City-owned parcels as well as ensure a well-maintained community for residents, visitors, and businesses.

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, by contributing the maintenance of infrastructure and public facilities and promoting sustainability.

FISCAL IMPACT
Funding for the agreement is allocated in the General Fund (001), Parks Maintenance Division

Operating Budget (00140400-430107), and Storm Drain Operations and Maintenance Budget (44041601-420101), as well as Enterprise Fund 420, Water Operations Budget (42040602- 420101), and Enterprise Fund 430, Sewer Operations Budget (43041202-420101). The proposed three-year agreement with Terra Landscape is for a not-to-exceed amount of $547,651 with a cumulative not-to-exceed amount of $152,847 for fiscal year (FY) 2025/26 (September to June), $192,588 for FY 2026/27, and $202,216 for FY 2027/28. All annual not- to-exceed amounts are inclusive of a 15 percent contingency. If the agreement is extended for the two optional years, the cost of each one-year term may increase only by the Consumer Price Index for the San Francisco-Oakland-San Jose Metropolitan Area (all items index; all urban consumers) for the 12-month period ending in April each year as published by the Bureau of Labor Statistics, U.S. Department of Labor. If the contract term is extended to the full five years, it will be capped at a maximum not-to-exceed amount of $982,921.

Prepared by: Submitted by: Approved by:

Tamara Baptista, Assistant
Dir. of Public Works -
Operations & Maintenance
Siew-Chin Yeong, Director of Public
Works

Gerry Beaudin, City
Manager

Attachments:

1. Maintenance and As-Needed Services Agreement with Terra Landscape

MAINTENANCE AND AS-NEEDED SERVICES AGREEMENT

WEED ABATEMENT SERVICES
RFP #PWD 25-302

THIS AGREEMENT is made and entered into this First day of September 2025 between Tree Sculpture Group, dba Terra Landscape ("Contractor"), a California Corporation, whose address is 642 McCormick Street, San Leandro CA 94577 and the CITY OF PLEASANTON, a municipal corporation ("City").

RECITALS

A. Contractor is qualified and experienced in providing annual weed abatement landscape services at various street right -of-ways, City owned lots, and open space locations based on the submitted proposal in response to the City of Pleasanton’s Request for Proposals (RFP) #PWD 25.302 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 RFP #PWD 25.302, as well as on an as-needed basis for weed abatement services, 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 September 1, 2025 and will expire on June 30, 2028 unless the parties agree to extend the Agreement, by Amendment, for an additional two (2), one-year terms, not to exceed five (5) years total for this Agreement. If extended by Amendment, 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 (12) month period ending in April each year as published by the Bureau of Labor Statistics, U.S. Department of Labor.

2. Services to be performed. The work will generally consist of weed abatement landscape services and related activities as described in the following documents of RFP PWD 25.302 Weed Abatement Services, under scope of Services described in Exhibit A and Exhibit B. a. Plans and specifications entitled Weed Abatement Services and Addenda thereto if any. b. Contract Amendments approved by the City Council and/or City Manager. c. The proposal submitted to the City by the Contractor.

3. Compensation. Total compensation under this Agreement for all work of this Agreement shall not exceed $547,651, of which, the total for each year shall not exceed $152,847 for the first year, $192,588 for the second year, and $202,216 for the third year. Each year includes a 15% 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 such extra services.

4. City shall pay Contractor for all work performed based on the bid proposal RFP PWD 25.301, in Exhibit B.

5. Method of Payment. Payment shall be made within thirty (30) days of receipt of Contractor’s invoice and approval by City. Contractor must include a monthly, or more frequent basis, a report of specific services provided. This report should accompany each invoice submitted for payment.

6. 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.

7. 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. C ommercial 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.

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 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. 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.

9. 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.

10. 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