City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation ( except for nonpayment for which a ten ( 10) day notice is required) or nonrenewal of coverage for each required coverage.
G) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (1) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency's Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change -14-
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results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation.
( o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
( q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
( r) Endorsements.
5.3 Indemnification.
Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ( each, an "Indemnitee") from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability -15-
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involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
5.5 Performance, Labor, and Warranty Bonds.
Concurrently with execution of this Agreement, Contractor shall deliver to the City the following bonds:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.
(b) A labor and materials bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1. (c) A warranty bond, guaranteeing the Contractor's warranty under Section 1.9 of this Agreement, in an amount not less than 20% of the total compensation for this Agreement, as stated in Section 2.1.
All bonds shall be on a form approved by the City Clerk. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best's Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds required in Section 5.5 may be changed accordingly upon receipt of written notice from the City.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements -16-
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charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.
In the event of dissolution of Contractor's business, custody of the books and records may be given to City, and access shall be provided by Contractor's successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials") prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and Contractor's guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City.
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6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. ( c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of Contractor's conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Merced, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in the County of Merced, State of California.
7.2 Termination.
This Agreement may be terminated in accordance with Section 6-7 and 6-8 of the 2018 Edition of the Standard Specifications for Public Works Construction (the Greenbook). -18-
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7.3 Dispute Resolution Process.
Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.
The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
For purposes of these procedures, "claim" means a separate demand by the Contractor, after the City has denied Contractor's timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b)
following format:
Supporting Documentation. The Contractor shall submit all claims in the (i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, ( c) Clarifications (Requests for Information), ( d) Schedules, and ( e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim's cost, if any.
(vi) Analysis of the claim's time/schedule impact, if any. ( c) City's Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. -19-
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(i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City's written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City's written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City's response or within 15 days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. ( e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. -20-
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(iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly m a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City's Responses. The City's failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute and adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City's failure to respond shall not waive City's rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.
A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) Civil Actions for Claims of $375,000.00 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000.00 or less:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.
If the parties fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.
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(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 ( commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 ( commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies Are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Unfair Business Practices Claims.
Pursuant to Public Contract Code section 7103.5, in entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, ( commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties. -22-
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ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor's performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. -23-
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Provisions Required By Law.
Each and every provision oflaw and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction.
9.2 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Livingston 1416 C Street, Livingston, CA 95334 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.3 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.4 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.5 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.6 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or -24-
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decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.7 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
9.8 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
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CITY:
CITY OF LIVINGSTON, a California
Municipal Corporation.
Happy Bains, Finance Director/ Assistant
City Manager
ATTEST:
Monica Cisneros, Deputy City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Roy C. Santos, City Attorney
CONTRACTOR:
QUALITY WELL DRILLERS, INC.
*By:-------------- Name: Paulette Silveira
Title: President
*By:------------- Name: Brittany Silveira
Title: Secretary
Address:
QUALITY WELL DRILLERS, INC.
260 AIRPARK ROAD
ATWATER, CA 95301
*Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. -26-
01424.0001/923138.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF MERCED
On ____ , 2025 before me, _______ , personally appeared _______ , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ______________ _
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORA TE OFFICER
TITLE(S)
PAR TNER(S) 0 □ ATTORNEY-IN-FACT
TRUSTEE(S)
LIMITED
GENERAL □ □ □ □ □ GUARDIAN/CONSERVATOR OTHER
-------------
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
01424.0001/923138.1
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DA TE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF MERCED
On ____ , 2025 before me, _______ , personally appeared _______ , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ______________ _
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORA TE OFFICER
TITLE(S)
PAR TNER(S) 0 □ ATTORNEY-IN-FACT
TRUSTEE(S)
LIMITED
GENERAL □ □ □ □ □ GUARDIAN/CONSERVATOR OTHER
-------------
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY{IES))
01424.0001/923138. l
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DA TE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT A
CONTRACTOR'S BID
A-1
EXHIBITB
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
If the Parties wish to revise provisions in the Agreement above ( from page 1 through the signature page), then the revisions shall be presented in this Exhibit B, with deletions shown in strike through and additions shown in bold and italics.
01424.000 l/923138. l
.\~ \JJe\\ On\\trS,\V)l,
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ATTACHMENT 4
II FEB, 0 4 2025 t, l! M 1i
.
_ City of Livingston •
\µ.e \ \ N\?. l ~ T-er;t VW l 1
PrnN : CH'Q (;ie,vic011j of \)VIY10 ~-\Dyi
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l\V\Y"l<3S1t>Yl Cl'\ 0\ S~?;,~
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
I
BID BOOK
FOR
CONSTRUCTION OF
WELL NO. 18 TEST WELL
Bid Openin~ Date: February 4, 2025@2:00 P.M. ~ST
GOUVEIA ENGINEERING
456 Sixth Street, Gustine, California 95322
BID BOOK
TABLE OF CONTENTS
PROPOSAL TO CITY ..................................................................................................................................... 1-13 BID SCHEDULE .............................................................................................................................................. 3-13 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS ...................................................................... 4-13 STATEMENT OF QUALIFICATIONS ............................................................................................................. 5-13 EQUAL OPPORTUNITY CERTIFICATION .................................................................................................... 6-13 PUBLIC CONTRACT CODE STATEMENTS ................................................................................................. 7-13 PUBLIC CONTRACT CODE QUESTIONAIRE .............................................................................................. 8-13 CONTRACTOR'S CERTIFICATION REGARDING WORKER'S COMPENSATION INSURANCE ............... 8-13 NONCOLLUSION AFFIDAVIT ........................................................................................................................ 9-13 DEBARMENT AND SUSPENSION CERTIFICATION ................................................................................... 10-13 NPDES/MS4 COMPLIANCE CERTIFICATION .............................................................................................. 10-13 SIGNATURE PAGE ........................................................................................................................................ 11-13 BID BOND ....................................................................................................................................................... 12-13 -TABLE OF CONTENTS I -
PROPOSAL TO THE CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
NAME oF BIDDER _(Q ___ v1 ..... a ........ l ..... dcJ_W_e1_1_0_n_l_1t_~_:s-+--, ....... I n........__l ___ _ BUSINESS P.O. BOX ____ ---a..,_/v-+-/ __ A ______________ _ CITY, STATE, ZIP _____ J'V_~_ft ___________ _
( Pie;; include even ff P. 0. Box used)
sus1NEss sTREET ADDREss ?(e o 0 l rJ)?l Yil fd .
CITY, STATE, ZIP Clltwv\dtV: Cu} Ci1 S3V l •
TELEPHONE NO.: AREA CODE ( t}cr;f) __ 3_<5_7 ___ . __ (2-=(e......,]i......;<;, =--------- FAX NO.: AREA CODE(~ >-~-~ ___ 7_. _8_3_tf __ d ______ _ CONTRACTOR LICENSE NO.: _4 ...... CJ __ t_7_3_, _________ _ The work for which this proposal i$ submitted is for construction in accordance with the specia~ provisions (including the payment of not less than the State general prevailing wage rates), the project plans described below, including any addenda thereto, the contract annexed hereto, and also in accordance with the Current California Department of Transportation Standard Plans, Standard Specifications, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.
The special provisions and plans for the work to be done are dated JANUARY 2025 and are entitled:
I CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
CONTRACT DOCUMENTS
FOR CONSTRUCTION OF
WELL NO. 18 TEST WELL
640.33
BID 1 of 13
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.
The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items. the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item.
In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b). as follows:
(a) If the amount set forth as a unit price is unreadable or otheiwise unclear, or is omitted, or is the same as the amount of the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten. one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the CITY of LIVINGSTONs Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise) if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear) readable total bid is provided.
Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of~ dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.
The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the CITY of LIVINGSTON, and that discretion will be exercised in the manner deemed by the CITY of LIVINGSTON to best protect the public interest in the prompt and economical completion of the work. The decision of the CITY of LIVINGSTON respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.
If this proposal shall be accepted and the unde~igned shall fail to enter into the contract and furnish the 2 bonds in the sums required by the State Contract Act, with surety satisfactory to the CITY of LIVINGSTON, within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the CITY of LIVINGSTON that the contract has been awarded, the CITY of LIVINGSTON may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this proposal shall operate and the same shall be the property of the CITY of LIVINGSTON.
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm. or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal 640.33
BID2-13
is accepted, that he will contract with the CITY of LIVINGSTON, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full paymen~ therefore the following prices, to wit:
ITEM
NO.
1 2
3 4
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
BID SCHEDULE
WELL NO. 18 TEST WELL
ESTIMATED UNIT
BID ITEM DESCRIPTION QUANTITY PRICE
Test Well 500 LF $ lll1-00
Well Logging 1 LS $ 3Z.oo.oo
Aquifer Sampling 8 EA $ 'i-0O0.00
Abandonment of Test Well 1 LS $ f S,1200.00
TOTAL BIO $ HJ,JOO- Q NOTE: "TOTAL BID" is onlylon the last page of the Bid Schedule List 640.33
ITEM
TOTAL
$ 8-3, Soo.oo
$ -;200-m
$ ,~,_000.00
$ I '2i ., UOV, OD
BID 3-13
INFORMATION REQUIRED OF BIDDER
List of Subcontractors
As of March 1,2015, Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/ContractorRegistration.html In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms . } ~·-r'l··..;.,u, ·- l"i :} - . . Percent "' Dept. of . ,,;•; , -- ,-·-~ . , "' ,, Bldlt&m· - ' 'Descri tioo ot'Work to be P~ed :orrotat ' Subcontractor's lndustrtal Subf;oritrador's Name-'anci Adcfress ' No:- ,. p •.:. . ' ,, Contract ,;> ucenseNo. Relations (DIR) ~- e " . c• . "':i ' 1Renistration No. . ••' .. I- ~--'."II"="~, :,. . ...t,; .. ~--· -. < " ~- . "~\' ,, ,, .. ~/A r'-1/-A ~/A N/1, N/A f\J Iii
.
' ' i
I
\ I I
'
I
640.33
BID 4-13
STATEMENT OF QUALIFICATIONS
Experience
Bidder shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
1 2 3
C\ of 1;1v,r1~S\t)(l (ltp~of mvwco
Project Title \ve \'\IO. d\ T«t we\\ ~ 1st1r1e> wet 1 o \\?Y- r-e>t Vvt ll \-V\l 00\\1.\ Co\A)'\~ \fff C,, ft of l,,\v')~S·TOY'l Deln, Covtn ~ m~c\e,YV\ V~ He'd Public Agency Wd\\t,,v \::>'~~-t W 0\ \t,v- Co .
l l}llf C St. )1.0· Box LR?") I 'o4 04 ~ ·:J-tp
Address l1v, Y1~f1DY' err ~~3* De\n, Ut ot~~}~ ~yd\ Ur OJ '°?J(P ~ 8 2-oot . -~ r g-o44+ ZOO\ 1 "2~2 ·&"111 s~· 11ci. oo~J- Telephone No.
Engineer in Charge 0o.A ve,O\ ~I lY\0 - In, \le, vergCA1e, Project Value ($) $ ·';·1,uoo-oo I ~ \ 104L2l.00 cai ?1>1 ,i.Poo. o o Date Accepted ·iozo JotrO ?-D'rd'
Claims Filed?
V\'O no Y\O
If yes explain I
below:
640.33
BID 5-13
I
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERT/FICA T/ONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder __ ~ ____ ...... \\ ....... ··1½-.....-\,,......AJe_)_\ __ O ___ Y) __ l ...... )6_Y:_S_,,,____.) Y) ___ l,_. __ _.., proposed subcontractor(s) (list Subcontractor(s) above)
hereby certifies that he
&f(as
D has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 640.33
8106-13
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder Ohas
;::fi\has not
been conJ'cted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questiontiaire: I
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on. or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes ~No If the answer is yes, explain the circumstances in the following space. 640.33
BID 7-13
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
CONTRACTOR'S CERTIFICATION REGARDING WORKERS'
COMPENSATION INSURANCE
State of California
County of Vh8Yt[ol
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 commending the performance of the work of this Contract.
By: ____________ _
{Signature of Contractor)
Date: 1- ):, )Z 5 1 I
640.33
BID 8-13
640.33
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY of LIVINGSTON DEPARTMENT OF PUBLIC WORKS.
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associa1ion, organization, bid depository, or to any member or agent th,reof to effectuate a collusive or sham bid.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.., •
B109-13
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions to an additional sheet of paper and include with the bid.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
NPDES/MS4 Compliance Certification
All construction projects within the City limits must comply with the National Pollutant Discharge Elimination System (NPDES) storm water regulation adopted by the EPA, and as applicable, and the Phase II Small Municipal Separate Storm Sewer System (MS4) General Permit requirements, regardless of size.
The City is required un~er these permits to provide information to Contractors performing ~ ork within City limits about training opportunities to assist in managing potential pollutants from construction -related activities, selection, installation, implementation, and maintenance of Best Management Practices (BMPs), as well as overall program compliance.
The Bidder acknowledges that they are aware of the necessity to be in compliance with the NPDES and MS4 permits while working within City limits.
Note: Providing false information may result in criminal prosecution or administrative sanctions. 640.33
The above certifications are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of these Certifications.
BID 10-13
Accompanying this proposal is ___ f.?_,dd __ &v_~ __ ,_~_o_n_d ________ _ (NOTICE: INSERT THE WORDS "CASH($ ___ ," "CASHIER'S CHECK," "CERTIFIED CHECK," OR "BIDDER'S BOND," AS THE CASE MAY BE.) in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE
If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof,· if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.
'M
Licensed in conformance with an act providing for the registration of Contractors, License No. 4{,.e~ 1~ Classification(s) __ C_'; __ rJ ______ _ Department of Industrial Relations (DIR) Registration No. /OD /02 ttfle 2.
ADDENDA
This Proposal is submitted with respect to the changes to the contract included in Addenda Number/s (Fill in addenda numbers if addenda have been received an insert, in this Proposal, any Engineer's Estimate sheets that were received as pa1 of the addenda.)
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). 640.33
Date: d> ·'?·ZS
Sim,
tt
l~
1c rere
Signature and Title of Bidder
BusinessAddress ~ {et) /-rtf '/P-('t: r?d --1\twv\itY C)'t 9?'?f>} Place of Business
_ _____ _____ __________ _
Place of Residence
----------------------
BID 11-13
BID BOND
We, _a_uA_L_ITY_W_E_LL_D_R_I_LL_E_R_s_, _IN_c_. ---------as Principal, and UNITED FIRE & CASUAL TY COMPANY as
Surety, jointly and severally, bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the CITY OF LIVINGSTON WELL NO. 18 TEST WELL
(herein called Owner) for payment of the penal sum of __ 1 o_o/c_o _o_F_8_10 ____ _ -e\e,w,,,,, thCM~Q! revw IQWfl1v:tal JeN-en bj
_______________ Dollars ($ 10% OF BID ), lawful
money of the United States. Principal has submitted the accompanying bid for the construction of CITY OF LIVINGSTON WELL NO. 18 TEST WELL
If the Principal Is awarded the contract ~nd enters into a written contract, in the fom, prescribed by the Owner, at the price designated by his bid, and flies two bonds with the owner, or substitute security in lieu thereof, one to guarantee payment for labor and materials and the other to guarantee faithful performance, in the time and manner specified by the Owner, and carries all insurance In type and amount which conforms to the contract documents and furnishes required certificates and endorsements thereof, then this obligation shall be null and void; otherwise it shall remain In full force and effect.
Forfeiture of this bond, or any deposit made in lieu thereof, shall not preclude the Owner from seeking all other remedies provide~ by law to cover losses sustained as a result of the Prfnclpal's failure to do any of the foregoing.
Principal and Surety agree that if the Owner Is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Owner's reasonable attorney's fees incurred with or without suit.
Executed on rGbti,ec( 4: I 20;1.~
QUALITY WELL DRILLE,BS, INC.
(Seal If Corporation)
» »- PRINCIPAL By i_, ________ _
Title CORPORATE OFFICER
(signature ~o be notarized)
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
UNITED FIRE & CASUAL TY COMPAN~(name and address of Surety) 118 SECOND AVE SE
CEDAR RALIDS, IA 52401
____________
ISU ATWOOD AGENCY (name and address of Surety's
2883 CHURCH ST agent for service of proce'-s in
____________ California, if different from above)
GEORGETOWN, CA 95634
530.333.4362
____________ (.telephone number of Surety's
• (Attach Acknowledgment)
See ~ttached California
1\11 ;iurpose Acknowledgement
NOTICE:
agent in California)
UNITED FIRE & CASUAL TY COMPANY
~URETY
(Attor
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process In Callfornla. Certified copy of Power of Attorney must be attached.
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California }
County of MERCED }
On FEB 4TH,2025 before me, KULDEEP SINGH NOTARY PUBLIC
(Rare Insert name and We of the oiliceij
personally appeared ADAM SILVEIRA. ---- ---.
who proved to me on the basis of satisfactory evidence to be the person'5lwhose nametal_istare subscribed to the within instrument and acknowledged to me that he~~xecuted the same in hislhetl,th9ic.!uthorized capacity~ and that by his~ature~n the instrument the perso~r the entity upon behalf of which the person~ed, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand apd official se:I.
Notary Public Signature I (Notary Public Seal)
INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the do~ument. Acknowledgments from other slates may be completed for documenl3 being sent to that state so long ntlnued)
CAPACI □ Individual □ Corporate O acer
(Title) □ Partner(s) □ Attomey-in-Fact □ Trustee(s) □ Other _________ _ 2015 Version www.NotaryClasses.com 800-873-9865
as the wording does not require the California notary to violate California notary law. • State and Coun ·ntormation must the State~ County where the document signer(s) personall ppeared before notary p•lic tor acknowledgment. • Date of notarization be the date the signer(s) personally appeared which must also be the same te the acknowled t is completed.
• The notary public must dnt his or her as it appears within his or her commission followed by a and theo title (notary public). • Print the name(s) of t signer(s) who ally appear at the time of notarization. • Indicate the correct singular or lural fonns by
lie/she/~ is /He ) or circling t correct forms. ·Iwe to correctly indicate this information may lead to rejection f document rcco ing.
• The notary seal impression must 't,e clear and graphicelly reproducible. Impression must not cover text or lines. If seal imp~ion smudges, re-seal if a sufficient area petmits, otherwise complete a different icknowledgment fonn. • Signature of the notary public must match the signature on file with the office of the county clerk. ..... + Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. + Indicate title or type of attached docmnent. number of pages and date. + Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple.
lJNJTED FIRE & CASl IALTY COMPANY, CEDAR RAPIDS, IA
UNITED FIR£ & 11'\DEMNITY COMPAIW, WFBSTER, TX
FINANCIAL PACIFIC INSURANC[ COMPANY, LOS ANGELES. CA
CERTIFIED COPY OF POWER OF ATTORNEY
(original un file al llomc Office of Compm1y - Sec Ccrtificalion) Inquiries: Suret,· Dcpatnncnt
118 Second An SE
Cedar Rapids, IA 52401
KNPW AU, P-FRSONS RY THESE PRf'.SENTS, Thai United Fire & Casualty Company, a co11X>ration duly orgamzcd and existing under the laws of the State of (owa: l Jnite<l Fire & Itt<le1
_11nily Company, a corpornlion duly organized and eX:isting under the laws of the State of T~;,cas; m1d 1-'inam:ial Pacific lnsuraucc Company, a corporation duly organized mid existing tu1dcr the laws of the State of Califomia (herein collecciwly called the Companies), and having their cotporatc headquarters in Cedar Rapid~, State of Iowa, docs make. conslitute and appoint HILLARY ERI'CKSON, MALIA MURCHISON, SCOTT N. CANN, EACH INDIVIDUALLY their tmc and lawful Auomey(sHn-F~t with power ~nu authority hereby confcncd to sign. seal and ~x-c:cutc in its behalf all lawful bonds... undert.akings and other:obligatory iustrumen~ of similar narure provided that no single oh ligation shall exceed $ 20. 000, 000. 00 and to bind the Compimies thereby as fully and to the same extent 'm,· if such instnuneuts were signed by the duly authorized officw. of tbe Companies and all of the act'> of said Attomey. pursuant to the authority hereby given and hereby ratified and confu·med, "1111.! Authority herehy granted shall expire the St h day of January, 2026 un 1 ess sooner revoked by l lni\ed Fire & Casrni~ty Company, llnit~<l Fire & hull!moity Company, and Finandal Pacific Insurance Company.
This Pow~r of Attom\!y is made and executed pursuant to and by authority of lhe following bylaw duly adopted by the Boards ofDir"',ctors of llnit~ fire & Cru,ualty Company. Unih.-<l Fire & lndenmily Comp,my, and financial Pacific Insuranc~ Company . .. ArHcle \'I - Surety Bonds and llnde1·h1klugs"
Scctiotl 2, Appoint1\t\.'llt of Attomcy-iu-Fact. "The Pl'esident or any Vice President, or any other officer of lhc Compani~ may, from time to ti1t1e, appoint by written certificates attomey,-in-foct hl act in behalf of the Companie!> in the execution of policies of ima1rc1nce, bonds.. u11dcnakings and other obliga101y imtmmcnl,; of like nature The ,,;ignaturc of any officer authorized hereby, and the Corporate seal, may be affixed by facsimik lo any power of auomey or spedal power of altl~mey or cc1tific~tion or either authorized hereby; such signature and seal, when so used, being adopted hy the Companies a-. the original signarure of such officer and the original seal of the Companie.,, to be valid and binding upon the Companies with the same fot\:e and effoct as rhough manually affixed. Such attorneys-in-fact, ,-ubjei;!t to the limitations set or forth in their rc,spcctive cc1tificate-. of authority shall have ftall power to bind the Companie~ by their ,;ignature and execution of any such in-.nument!t and to attach 1hc seal tl11;: Companie,; th~reto l11c Preiident or any Vice Pn:sident, the Uoanl o(Direclon. or any other officer of the Companies may al any time rc\-oke 11II power and aulbmily pn,'\.;i<;msly, given to ony attomcy-in-fact. ,11111, \ll.tu/ri,J, _ IN WITNESS WHEREOF. the COMPANIES have each caused these presents to be signed by its ~"''! ,,,,,,,,. ~ i>'"" "' l'- vice president and its corporate seal to be hereto affixed this 5th day of January, 2024 f i ~ ~~\ UNITED FIRE & CASUA .. TY COMPANY t d ii
~· . . 13!6 1J1 UNITED HRE & JNDEMN11Y COMPANY
\ / • '"··~~~-·~_.,~ flNANCIAI. PACIFIC INSURANCt: COMJ>ANY ~,,,. • "' ~ 1~ • ~::;.-'] ' 1,,111111\\'~ 1111unn\\"'" ''"""" - By: State of Iowa. Cowtty of Linn, ss: ' Vice Prcsit.k,it On 6th. pay of ~anuary, 2024, be~ore me .persona 11 y c~~e Kyanna M. ~.ay1or . • . . . to me kno\vn. who bcmg by ~ -duly swom. did d~pose am.1 say; that she rl$ttks m CL-<lar Rap1cls". State offuwa~ tluu shc :1s a Vice President of (/ruted Fire & Casualty Company. a Vice President of UnilLxl Fire & (ndemnily Company, aud a Vice President of Financial PaciJic Insurance Company tbc cmporntions described it1 and which ~ecuted th~ abov.e i11strun_1ent; that she knows the seal of said corporations; that the ~eal uffixe<l to the said iusll:umeut is such c0Ip9rnte seal: that it was so affOO!d pursuant to atithorily giveu by the Board of Dicectors of said,corporatious and that she sigi1ed ber name lherelo pursuant' to lik.~ authority, 1'"<1 ucknowl!-'<Jges same to be the act and dt:cd of snid co.rpon1Lions.
Patti Waddell
Iowa Notarial Seal
commission number 713274
My C.ommlHlon bpites 10/2.6/2025
.,,.
Notary Public
My commission expir~: 10/2612025
I. Mary
A. Bertsch. Assistant Secretary of United Fire & Caisualty Company and Assistant St'Crctary of United Fire & Indemnity Company. mid Assistal)l Secretary of Financial Pacific Insurance Company. do hereby Cl!ltify that I have compared the foregoing copy of the Power of Attorney aild affidavit. and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney. with the ORIGINALS ON t,'ILE (N THE HOME OFFICE Of SAJD CORPORATIONS, a11d that the same are correct tra11sctipts ther~of, a.nd of the whole of the said origi11als, and that the said Power of Attorney. has uot been revoked and is now in·ful.Horce mid effect Ju testilqoi:,.,,..eof 1 have heNunt-0 su~cribed my name and affixed the·corporate seal of the said Corporations thi.c; .:J ~ • day of Jw, ..,,t'r_,; , 20 JS- .
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Bl~C>A0045 122017
This paper has a colored background and void pantograph.
Assistant Secretary.
UF&C & UJ:&1 & FPIC
~~
CALIFORNIA ALL-PURPOSE ACKNOWLl;DGMENT CIVIL CODE§ 1189 ~rroececF:l53eS~ m"FOZ FC2'$11W!N!!8~Si'Sid52ffi Bs: J"fUIDM ~ A notary public or dther officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of <;)\a,. c e C )
On \ -'2'::\ - ? 02:S:: before me, l-\~O.\-b'2.:f" )'V)a.(te._ Q().L)\l QO · Date Here Insert Name and Title of the Officer personally appeared ---',3c~-aH:~+---------l\.) -=--'C\; ~ ;\-½....z..a.:,a.. ~ ~_._-"c__a..._Y\ .......... O.___ ....... ______ ___ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person~hose name{st i§Lare subscribed to the within Instrument and acknowledged to me that beLshe/they executed the same in his/her/their authorized capacity(i.es), and that by ~er/their slgnature(eron the Instrument the person($►, oflhe entity upon behalf of which the persoo{at acted, executed the instrument.
Place Notary Sea/ Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________ _
Signature of Notar}Jpubllc
--------------OPTIONAL
Though this seotion Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document I
Title or Type of Document: ____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above:
_ __________ _
Capaclty(les) Claimed by Signer(s) Signer's Name: ___ _ _ ______ ___ Signer's Name: ___________ _ □ Corporate Officer - Title(s): _____ _ □ Corporate Officer - Tltle(s): _____ _ □ Partner - CJ Limited □ General 0 Partner -
□ Limited
□ General □ Individual □ Attorney in Fact □ Individual O Attorney in Fact 0 Trustee [J Guardian or Conservator U Trustee O Guardian or Conservator U Other: ____________ _ □ Other:
__________ _ _ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
QUALl-1
CERTIFICATE OF LIABILITY INSURANCE DATE (MPNDDIYYYV) 01/23/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the tenns and conditions of the policy, certain pollcles may require an endorsement A statement on this certificate does not confer ti hts to the certificate holder In lieu of such endorsement s .
INSURED
Qual~ Well Drillers, Inc. 260 Air Park Drive
twater, CA 95301
. --------- ,. iu.-"' 1
rn.•• i'c Ml IUDl:D•
GE NAICt
1NSURERA: Financial Pacific Ins Co 31453
INSURER a: State Compensation Ins Fund 35076
INSURERC:
INBURERD:
INSURERE:
INSURERF:
--MIIUDen.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ir,a1: TYPE OF INSURANCE ADDL SUlffl POLICY NUMBER POLICYEFF POUCYEXP LNITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 - D CLAIMS-MADE w OCCUR ~ Q_RENTEO 100,000 - X X 60509785 10/19/2024 10/19/2025 $ MED S:XP /Am, one -Nll'ln) $ 5,000 -
Pl=RSONAI & ADV 1,000,000 IN.11 IRY s -
GeN'L AGGRffl 2,000,000 LIMIT APCJ . I S PER: GENERAL AGGREGATE s =i :=: X ~rBf LOC PRODUCTS - COMP/OP AGG S 1,000,000 s
A ~MOBILE LIABIUlY ~INEO SINGLE LIMIT s 1,000,000
X AAYAUTO X X 80509785 10/19/2024 10/19/2025 BODILY INJURY lPer ~nl s x OWNED ~X SCHEDULED AUTOS ONLY - AUTOS Anflfl V IM.JtlRV lPar ~n s - X ~ONLY X
~&r~~
rr~~e s - -
s
A X UMBRELLA LIAB
~
OCCUR EACH OCCURRENCE s 2,000,000 -
EXCESSUAB CLAIMS-MADE X X ~0509785 10/19/2024 10/19/2025 2,000,000 AGGREGATE s OED I I RETENTION$ ~ B WORKERS COMPENBA110N X I ~i~TI.JTE I l &TH• AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERJEXECUTNE $121068-22 01/01/2025 01/01/2026 1,000,000 □ X E.L. S:&r.H ACCIDENT s 8f.FICER/M~MWR EXCLUDED? NIA andatory n 1,000,000 ) E.L DISEASE - EA EMPLOYl=S: s ~fi1:~~ describe under PTIONOF S bAlnw S: I nl.!:.S:A.!:.S: _ POI 1r.V I IUIT s 1,000,000 A Rented and leased X X 80509785 10/19/2024 10/19/2025 coverage 27,200 I deductil, 500
DESCRIP110N OF OPERATIONS/ LOCA110N8 / VEHICLES (ACOAD 101, Additional Remarks Schedule, may be attached If mare space ls l'9qll)Nd) Pro~ect: Well No. 18 Test Well
Wli. ER WELL DRILLING CONTRACTOR
City of Livingston
c/o Gouveia Engineering, Inc.
456 Sixth Street
Gustine, CA 95322
ACORD 25 (2016/03)
GOUVEIA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
/J
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
NOTEPAD 1NsuReo·s NAME Quality Well Drillers, Inc.
Coverage is Primary and Non-Contributory. Waiver of Subrogation included.
QUALl-1
OP ID: EF
Po1ioy inc1uded 30- day Notice of Cancellation. Excess/Umbrella follows form over the general liability, auto, and Employer's Liability policies. Officers are excluded from Workers Compensation Certificate Holder, the Owners, its property manager and their respective affiliates and employees are Additional Insured. AM Best Rating A+ (Excellent) PAGE2
Data 01/23/2025
c:1ca CONTRACTORS STATE LICENSE BOARD
ACTIVE LICENSE
Llcontt,..,_,468732 e .. itycoRP
eu, ... ,_. QUALITY WELL DRILLERS INC
CIIHlllclliofl(•I C5 7
E•olratlon 011• 09/30/2025
•
www.cslb.ca.9ov s
AGENDA ITEM:
MEETING DATE: PREPARED BY: REVIEWED BY:
STAFF REPORT
Resolution (1) Authorizing the Finance Director/Assistant City Manager to Execute a Change Order from the Original Purchase Order for Shannon Pump Company to Install New Well Shaft and Necessary Components to Well 17 in an Amount not to Exceed $39,302.40, and (2) Authorizing the Finance Department to Make a Supplemental Appropriation to Fiscal Year 2024/2025 Budget in the Amount of $39,302.40 to the Water Enterprise Fund February 26, 2025
Anthony Chavarria, Public Works Director
Happy Bains, Finance Director/Assistant City Manager
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution of the City Council of the City of Livingston (1) Authorizing the Finance Director/Assistant City Manager to execute a change order from the original purchase order for Shannon Pump Company to install new stainless-steel shaft and necessary components to Well 17 in an amount not to exceed $39,302.40, and (2) authorizing the Finance Department to make a supplemental appropriation to fiscal year 2024/2025 budget in the amount of $39,302.40 to the Water Enterprise Fund.
BACKGROUND:
At the City Council meeting held on February 4, 2025, the council approved initial proactive repairs for Well 17. Subsequently, Shannon Pump Company was contracted to conduct a comprehensive inspection of the well's components. During this detailed examination, it was discovered that the existing shaft and bearings are in poor condition and should be replaced.
DISCUSSION:
In the initial staff report presented to the City Council on February 4, 2025, approval was granted for the initial repairs of Well 17, with expenditures allocated from the approved Fiscal Year 2024/2025 Water Enterprise fund budget. The amount designated for these repairs was not to exceed $102,591.94. At that time, it was noted that the well had not yet been pulled for a comprehensive inspection, which left some uncertainty regarding potential additional costs.
In anticipation of unforeseen issues, staff proactively included the potential costs of replacing the well bowls within the budget, though these components would not be replaced unless deemed necessary.
Following the detailed inspection conducted by Shannon Pump Company after the well was pulled, it became evident that the shaft and bearings were in poor condition and should be replaced. As a result, a change order amounting to $39,302.40 has been proposed to cover the costs associated with replacing the affected shaft and bearings.
Well 17 repairs are expected to take approximately 2--4 weeks, and the shaft replacement should not impact the timeline for repairs.
Replacement of the shaft and bearings will improve well efficiency and longevity.
FISCAL IMPACT:
Staff is requesting that the Finance Department be authorized to make a supplemental appropriation to Fiscal Year 2024/2025 budget in the amount of $39,302.40 to the Water Enterprise Fund (2100-810- 4392).
ATTACHMENTS:
1. Resolution No. 2025-
2. Shannon Pump Company Proposal
ATTACHMttNT 1
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1) AUTHORIZING
THE FINANCE DIRECTOR/ASSISTANT CITY MANAGER TO EXECUTE A CHANGE ORDER
FROM THE ORIGINAL PURCHASE ORDER FOR SHANNON PUMP COMPANY TO INSTALL NEW WELL SHAFT AND NECESSARY COMPONENTS TO WELL 17 IN AN AMOUNT NOT TO EXCEED $39,302.40, AND (2) AUTHORIZING THE FINANCE
DEPARTMENT TO MAKE A SUPPLEMENTAL APPROPRIATION TO FISCAL YEAR 2024/2025 BUDGET IN THE AMOUNT OF $39,302.40 TO THE WATER ENTERPRISE FUND WHEREAS, on February 4, 2025 City Council approved initial proactive repairs for Well 17; and
WHEREAS, the amount designated for repairs was not to exceed $102,591.94; and WHEREAS, Shannon Pump Company was contracted to conduct a comprehensive inspection of the well's components; and
WHEREAS, Shannon Pump Company conducted an inspection after the well was pulled and it became evident the shaft and bearings were in poor condition and should be replaced; and WHEREAS, a change order in the amount of $39,302.40 has been proposed to cover the additional costs associated with replacing the shaft and bearing; and WHEREAS, staff is requesting that the Finance Department be authorized to make a supplemental appropriation to Fiscal Year 2024/2025 budget in the amount of $39,302.40 to the Water Enterprise Fund (2100-810-4392); and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:
Section 1. The City Council authorizes the Finance Director/Assistant City Manager to execute a Change Order from the Original Purchase Order for Shannon Pump Company to Install New Well Shaft and Necessary Components to Well 17 in an Amount not to Exceed $39,302.40.
Section 2. Authorizing the Finance Department to Make a Supplemental Appropriation to Fiscal Year 2024/2025 Budget in the Amount of $39,302.40 to the Water Enterprise Fund (2100-810-4392).
Section 3. This resolution will become effective immediately.
I hereby certify that the foregoing Resolution No. 2025- is a full, true and correct copy of a resolution duly passed and adopted by City Council of the City of Livingston at a regular meeting thereof duly held on 26th day of February, 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVEDASTOLEGALFORM
Roy C. Santos, City Attorney
By: __________ _
Jose A. Moran, Mayor
of the City of Livingston
SHANNON PUMP COMPANY
275 S. Highway 59
P.O. Box686
Merced, CA 95340
Phn: (209) 723-3904
Fax: (209) 723-5865
CONT. UC. #279578
CUSTOMER
LIV308
25 CITY OF LIVINGSTON
1416 C STREET
Livingston, CA 95334
DATE
02/13/2025
6 T-COUP-12
1.000 L22-100
"Under the Mechanics Lien Law (California Code of
Civil Procedure, Section 1181 et seq.) any contractor,
subcontractor, laborer, supplier or other person who
helps to improve your property but is not paid for his
work or supplies, has a right to enforce a daim against your property. This means that after a court hearing,
your property could be sold by a court officer and the
proceeds of the sale used to satisfy the indebtedness.
This can happen even if your have paid our own
contractor in full, if the sub-contractor, laborer, or
supplier remains unpaid."
TERMS
NET 10th
DESCRIPTION
CITY WELL# 17
AFTER COLUMN PIPE, SHAFT,W/L
BEARING AND BOWL PULLED
OUT OF WELL AND INSPECTED
BOWL NEED REPLACED (ALREDY
QUOTED)
(SHAFT AND W/L BEARING NEED
REPLACED)
1-11/16" STAINLESS STEEL
STAFTS W/BRASS SPIDERS AND
RUBBER INSERTS
12" COLUMN COUPLING
SHOP LABOR
REPLACE COLUMN COUPLINGS
AND REDY PUMP TO INSTALL
Quote subtotal
ATTACHMENT 2
Quote
Quote No.: 240074
All Accounts are due and payable on the
10th of following month after purchase. A
FINANCE CHARGE of 1.6% based on an
ANNUAL RATE of 19.2% will be added to all
DELINQUENT ACCOUNTS. Closing date
25th of each month.
CONTACT
Sales tax@ 7.75000%
36835.17
2467.23
Quote total
Authorized Signature
Date
Thank You
CITY OF LIVINGSTON
39302.40
AGENDA ITEM:
MEETING DATE:
FROM:
DISCUSSION:
STAFF REPORT
In-Person Brown Act Workshop for City Council, Planning Commission, and Parks Recreation and Arts Commission
February 26, 2025
Jose Moran, Mayor
Discussion and Direction for an In-Person Brown Act Workshop for the City Council, the Planning Commission, and the Parks Recreation and Arts Commission.
STAFF REPORT
AGENDA ITEM: Formation of Measure L Oversight Committee and Setting Priorities for Measure L Funding
MEETING DATE: February 26, 2025
FROM: Jose Moran, Mayor
DISCUSSION:
Discussion and Direction regarding the formation of Measure L Oversight Committee and setting priorities for Measure L funding.
AGENDA ITEM:
MEETING DATE:
FROM:
REVIEWED BY:
STAFF REPORT
Consideration of Resolution Authorizing the Finance Director/Assistant City Manager to Execute an Agreement with HR Green, Inc. to Perform Engineering Services to Include Water Modelling, Development of a Water CIP, and Other Water Related Engineering Services as Needed February 26, 2025
Jose Moran, Mayor
Happy Bains, Finance Director/Assistant City Manager
RECOMMENDATION:
It is recommended that the City Council adopt the resolution authorizing the Finance Director/Assistant City Manager to Execute an Agreement with HR Green, Inc. to perform Engineering Services including water modeling, development of a water CIP, and other water-related engineering services as needed.
BACKGROUND:
The City of Livingston provides potable water service to a population of approximately 15,448 residents including commercial, industrial, and public facilities within its service area boundary. The City of Livingston serves as the governing agency and sole purveyor of water within the City limits and provides water services to 2,770 metered connections based on the 202 Urban Water Management Plan.
Currently, the City utilizes eight active wells including Well Nos. 8, 9, 11, 12, 13, 14, 16, and 17 which extract groundwater from the Merced Subbasin, while Well NO. 15 serves as a standby well source.
The City's wells have individual capacities ranging from 800 gallons per minute (gpm) to 2,000 gpm.
Collectively, the wells have a combined capacity of 10,900 gpm with water being distributed by a network of lines ranging in size from two to 16 inches in diameter. Additionally, the water system includes a 1.0MG welded steel storage tank used for water storage.
The groundwater underlying the City is part of the larger San Joaquin Valley Groundwater Basin within the San Joaquin River Hydrologic Region. By way of background, the San Joaquin Valley Groundwater Basin is divided into nine subbasins, with the City extracting from the Merced subbasin, which is classified as a critical overdraft subbasin.
Following the passages of the Sustainable Groundwater Management Act (SGMA) by California Governor Edmund G. Brown Jr. in 2014, the County of Merced and water districts and cities within the Merced Subbasin formed three Groundwater Sustainability Agencies (GSA) in accordance with SGMA of which the City of Livingston is part of the Merced Irrigation-Urban Groundwater Sustainability Agency (MIUGSA). The member agencies of this GSA include the Merced Irrigation District, City of Merced, City of Atwater, City of Livingston, Le Grand Community Services District, Planada Community
Services District, and Winton Water Sanitary District. The City and the MIUGSA are working collaboratively to achieve sustainable groundwater conditions by 2040 in accordance with SGMA.
As defined by SGMA, 11 a basin is subject to critical overdraft when continuation of present water management practices would probably result in significant adverse overdraft related environmental, social, or economic impacts." The Merced Subbasin is currently considered to be in a state of critical overdraft per the DWR Bulletin 118 Interim 2016 Update.
Over the last year, and due to decades of lack of planning and preparation for replacement of infrastructure, the City has experienced an increase in the number of failures in water infrastructure.
While the City Council adopted its first CIP in several years during the FY 23/24 Budget process, the lack of planning has resulted in delayed replacement of the City's infrastructure. This has resulted in offline wells, a reduction in system pressure, and challenges with meeting daily demand for water use.
This has also resulted in staff being reactionary and responding to emergencies, versus planning for system upgrades and improvements.
Staff has identified numerous challenges and during peak daily demand situations, the system is strained and struggles to meet water demand. In the instance of mechanical failures, the system struggles even more to keep up with demand. Water operations staff is well aware of these challenges.
The Interim City Manager presented this item to the City Council on April 16th, 2024 where the motion failed by a vote of 2-2.
TECHNICAL MEMORANDUM
In October 2023, the City Manager authorized the preparation of a Technical Memorandum to provide an assessment of the capacity of the City of Livingston's municipal water supply with the purpose of determining if the City's water supply wells have adequate capacity to meet the City's maximum day demand (MOD) and peak hour demand (PHO) under current and future water supply conditions.
Based on the report, and for reliability purposes, it is desirable to maintain a firm source capacity higher than the MOD. System demand in excess of MOD required for PHO or for fire flows can come from storage. The firm source capacity of the water system is virtually the same as the MOD ( 7,200-gpm ~ 7,222-gpm). The system's capacity is not adequate to meet PHO (9,200-gpm<10,883-gpm).
Additionally, based on the calculations provided in the Technical Memorandum, the City's water system would not have adequate capacity to meet the increased MOD from new developments and would not have adequate capacity to meet the projected PHO based on the firm capacity.
FUTURE SUPPLY CONDITIONS
The City is planning to construct two new wells, one of which (Well 19) will have well head TCP treatment, and two new centralized treatment facilities to remove TCP from the groundwater. The Centralized Facilities will also include water storage tanks and Booster Pumps. The following is a brief description of each facility:
1. Arakelian Park Centralized Treatment Facility
a. This facility will receive water from Well Nos. 12, 13 and 17 and treat it using GAC adsorption for the removal of TCP. Treated water will be discharged into a 1-million-gallon (MG) storage tank.
b. A 6,000-gpm booster pump station will repressurize the treated water into the distribution system.
2. Well 8 Centralized Treatment Facility
c. This facility will receive water from the new Well No. 8A (Well 8 replacement) and from future Well No. 18. The production of these wells is still unknown. For purposes of this report, it is assumed that Well No. 18 will produce 1,500-gpm. Treated water will be discharged into a 1.5 MG storage tank. A 4,500-gpm booster pump station will repressurize the treated water into the distribution system.
3. Well 19 with Treatment Facility
d. This facility will consist of the new Well 19 with well head treatment for the removal of TCP.
A booster pump station will repressurize the treated water into the distribution system.
The City's total production capacity would be 11,300-gpm and the firm production capacity would be 9,300-gpm or 13.39 MGD. Therefore, the City would have adequate capacity to supply MDD to the new developments. With the new improvements, the City's PHD capacity would increase to 16,300-gpm which would also be adequate to supply the new developments.
Once the new TCP improvements are completed and based on the projected firm capacity of 9,300- gpm and 7,455-gpm MDD, the City would have approximately 25 percent remaining capacity for any future new developments beyond the presently entitled multifamily and commercial projects. The City would need to add more new wells and/or treated surface water to accommodate growth beyond that.
Existing System
There is currently no mechanism in place that allows City staff to determine available water capacity, and the respective water impacts based on various development projects. This type of information is critical and will allow staff to determine the impacts of various projects on the overall impacts to the City's supply of water.
With this information, staff would be able to make sound, rational, and data driven recommendations to the Mayor and City Council. In addition, the development community has requested this type of information to understand their respective impacts to the overall water system. This will also help in future planning.
HR Green Proposal
The HR Green proposal will accomplish the following:
1. Review existing GIS mapping and atlases of water system a. Review the City's 2007 Water Distribution System Water Plan b. Review system improvements and studies completed since 2007 c. Review studies for specific future property developments d. Review the latest Comprehensive Land-use and population projections
2. Hydraulic Analysis
a. HR Green to create and calibrate a complete water distribution system model b. Work with City staff to identify locations for additional fire hydrant flow and pressure testing as required
c. Identify shortcomings in the existing water distribution system d. Use local fire flow guidelines to determine system fire flow needs
3. Assess the water system and wastewater treatment plant, compile data obtained in Item 1 and review the current documented risk and resiliency assessment to determine system failure points, system upgrades, etc. to create a Water CIP DISCUSSION Based on the Technical Memorandum, and the failures that continue to plague the system, staff is recommending the adoption of this resolution to identify the larger and broader system enhancements needed for the water system. This would help identify future projects, and ensure that staff has the most updated information to ensure that the existing water and wastewater systems have information related to planned projects to ensure optimal performance.
While the city is currently moving forward on additional projects to increase capacity, this item will ensure that the city is protecting its current investments, and also preparing for replacements and enhancements to its existing infrastructure.
FISCAL IMPACT
The proposed agreement for project deliverables not to exceed $130,100 which will be funded by a new appropriation from uncommitted and available reserves.
RESOLUTION NO. 2025-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
AUTHORIZING FINANCE DIRECTOR/ASSISTANT CITY MANAGER
WHEREAS, the City Council desires to adhere to the City of Livingston Code; and WHEREAS, the City of Livingston has a responsibility to ensure its water system remains reliable, sufficient, and in an optimal condition; and
WHEREAS, the City has not updated its water model in approximately 17 years resulting in a lack of updated and reliable understanding of the City's water system; and WHEREAS, due to a series of failures over the last year, the City is needing expertise in evaluating and recommending improvements to the existing system; and WHEREAS, staff identified and Council adopted a "One Year CIP" in order to prioritize needs for one year; and
WHEREAS, the City has lacked a comprehensive multi-year CIP to provide for long term prioritization of replacement of its existing water infrastructure; and WHEREAS, the City is seeking a water model that allows staff to identify the impacts of current and future developments on the City's ability to provide water to the community; and WHEREAS, the City is seeking information on the projects necessary to assure system reliability which will be used to pursue grant funding and other requests from its state and federal representatives; and
WHEREAS, staff needs assistance in evaluating, assessing, and making recommendations to ensure the City's infrastructure remains in an optimal operation NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:
Section 1. The City Council finds a benefit in obtaining water expertise assistance and thus does hereby authorize a professional services agreement with HR Green, Inc. to complete the following:
1. Review existing GIS mapping and atlases of water system a. Review the City's 2007 Water Distribution System Water Plan b. Review system improvements and studies completed since 2007 c. Review studies for specific future property developments d. Review the latest Comprehensive Land-use and population projections
2. Hydraulic Analysis
a. HR Green to create and calibrate a complete water distribution system model b. Work with City staff to identify locations for additional fire hydrant flow and pressure testing as required
c. Identify shortcomings in the existing water distribution system d. Use local fire flow guidelines to determine system fire flow needs
Resolution No. 2024-12
3. Assess the water system and wastewater treatment plant, compile data obtained in Item 1 and review the current documented risk and resiliency assessment to determine system failure points, system upgrades, etc. to create a CIP
4. Additional water, wastewater, and other engineering work necessary to update long term plans for the viability and growth of the community Section 2. Authorize the Finance Director/Assistant City Manager to negotiate and execute a Professional Services Agreement for Water Engineering expertise in accordance with legal concurrence with a contract amount not to exceed $130,100 for the term of the agreement.
Section 3. This Resolution will become effective immediately.
I hereby certify that the foregoing Resolution No. 2025-XX is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 26th day of February 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST
Monica Cisneros, Deputy City Clerk
APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney
By:-----------
Jose A. Moran, Mayor
of City of Livingston
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HRGreen®
PACIFIC
February 21, 2025
Happy Bains
Finance Director/Assistant City Manager
City of Livingston
1416 C Street
Livingston, CA 95334
Re: Proposal for Water Sufficiency Assessment
HR Green Project Number 2402089
Dear Mr. Bains,
1260 Corona Pointe Court Suite 305
Corona, CA 92879
Main 855.900.4742 Fax 713.965.0044
Per your Request for a scope and fee proposal for the subject project, HR Green, Inc. (HR Green) is ready to provide the necessary services to perform the Water Sufficiency Assessment.
PROJECT UNDERSTANDING
The City of Livingston (City) water system serves approximately 15,000 residents. It is served by three well fields (eight wells with one in production), a water treatment plant, a 1.0MGD water storage tower and 36 miles of watermains. The City's water is available through groundwater aquifers. Due to the recently proposed increase in housing and a state conducted water availability study, the City seeks to evaluate the current system capacity to determine future City growth plans. The City also requests to develop a Capital Improvement Plan (CIP) to implement into the budget.
HR Green undJrstands that the Scope of Services will be phased in two separ~te tasks:
Task 1: Assess the capacity of the current water system by updating the existing water model, completed in 2007
Task 2: Assess the water system (3 well fields, 1 WTP, 1 Tower) and create a Capital Improvement Plan (CIP).
PROPOSED SCOPE OF SERVICES
A. Assess the capacity of the current water system by updating the existing water model (Task 1) a. ReviE;tw existing GIS mapping and atlases of water system. I Based on discussions, HR Green has assumed that the City has the existing water atlases in GIS format
Review the City's 2007 Water Distribution System Water System Plan Review system improvements and studies completed since the 2007 Water Distribution System Master Plan was completed. It is assumed this information will be gathered and summarized by the City and provided to HR Green
Review studies for specific future property developments. Review the latest Comprehensive Plan land-use and population projections Meet with the City to discuss proposed development and areas of concern in existing water system b. Hydraulic Analysis
HR Green will create and calibrate a complete water distribution system model using WaterGEMS from the GIS database and elevations provided by the City.
HR Greoo• 1 Building Communities. Improving Lives.
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HRGreen®
PACIFIC ► Happy Bains Page 2 of 4 February 21 2025 ► HR Green will use the total system average and peak day demand data and also a record of the top 1 0 highest demands, with respective flows during the peak day, as available. Using this information, HR Green will input the highest users in the model at the point of use (as provided by the City). The remaining system demands for residential and commercial customers will be distributed evenly throughout the City. ► HR Green will work together with the City's staff to identify locations for additional fire hydrant flow and pressure testing as required to calibrate the water model. The City will gather additional hydrant flow and pressure test data at the sites identified and provide to HR Green. ► Using the existing and any additional hydrant flow test data, HR Green will calibrate the water distribution system model. HR Green will input the hydrant flows and pressures and pumping flows and pressures into the computer model and adjust the model parameters so that the model is calibrated to match the measured conditions as closely as feasible. It is assumed that the City will forward the hydrant flow testing data to HR Green. ► Using the City's population projections and land use information from the latest Comprehensive Plan, develop a population and corresponding water demand projection for the next 5- and 20-year planning periods. Include projected average day, peak day and peak hour demands. ► Using the calibrated water distribution system model, land use, and projected water demands accounting for future projected expansion/ growth objectives, develop a water distribution system model for 5 and 20 years in the future. ► Identify the shortcomings in the existing water distribution system from the calibrated water distribution system model for each planning period and provide recommendations for improvements. ► Use the local fire flow guidelines to determine system fire flow needs. Program and execute a series of fire flow model scenarios, for existing conditions and future scenarios identified above, assuming fire flows at various locations throughout the system. Locations will be geographically distributed to sufficiently evaluate all areas of the system and selepted in collaboration with City's staff. Compare results with required fire flows at each location, respectively, and identify any deficiencies. Provide a database listing of the pipe segments with the following information during peak hour demands:
• Pressure
Flow velocities
• Head loss per 100 feet of pipe
• Pressure drop relative to static system pressure
• Fire flow
B. Assess the water system (3 well fields, 1 WTP, 1 Tower), compile the data obtained in item A and review the current documented risk and resiliency assessment to determine system failure points, system upgrades, etc. This will be used to create T Capital Improvement Plan (CIP) (Task 2). a. Desktop Assessment of City's water and wastewater Infrastructure ► Collect and analyze the City's records on the water and sewer system including, but not limited to, water treatment plants and water distribution system, wastewater treatment plant, GIS data, record drawings, maintenance records, sewer televising videos, flow data, sewer back-up data, water main break inventory, etc. ► Assess the City's existing staffing levels compared to current and upcoming regulatory requirements and programs. Incorporate recommendations into the CIP. b. Site Condition Assessment ► Conduct two (2) site visits to assess the condition of water treatment plant, wastewater treatment plant, booster stations, lift station structures, mechanical equipment, electrical equipment, ground storage tanks, wells, water towers, PRV's, and control systems.
- ► Happy Bains Page 3 of 4 February 21 2025 HRGreen®
PACIFIC ► During the site visit, HR Green will obtain input from the City staff on the existing equipment performance and historical operational challenges. ► Review the Trichloropropane (TCP) contamination issues (due to the agriculture activities surrounding the city) and determine betterments to treatment to address the issue. Consult with treatment equipment vendors to get required treatment units sizing and budgetary cost opinions. No detailed design is included in the proposed scope of services ► The information gathered during our assessment of the water and sewer systems and site visits will be used to develop a list of capital improvements needed over the next five fiscal years c. Prioritized Project List ► Conduct virtual Teams meeting with key City staff to prioritize the list of potential projects ► Finalize the prioritized project list based on City input d. Develop Budgetary Cost Estimates ► Develop budgetary cost estimates for each project on the prioritized list ► Consult with treatment equipment vendors for equipment sizing to address the TCP contamination issue at one existing groundwater well and obtain budgetary cost opinions for improvements to the Wf P at site. HR Green has budgeted 20 hours for this effort e. Finalize Capital Improvement Program ► Formalize the Capital Improvement Program with prioritized water/sewer projects, recommended implementation timelines, and anticipated costs ► Prepare a supporting memorandum for the CIP C. Project Management and Coordination
a. Provide project management services for duration of the project. b. Project Kick-off Meeting: Schedule a project kick-off meeting with the City staff to discuss in detail the project tasks.
c. Review existing reports related to water demand, pump capacity and past water system studies as provided by the City.
DELIVERABLES AND PROJECT SCHEDULE
Task 1: I ► Summary report quantifying current and projected water demands, based on two multi-family development applications submitted to the City (City to provide), compared to availability of water. ► Water model of the current system.
Task 2: ► Draft Capital Improvement Program and supporting memorandum ► Final Capital Improvement Program and supporting memorandum HR Green will develop a schedule in consultation with the City at project kickoff.
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HRGreen®
PACIFIC
TASKS NOT INCLUDED IN PROPOSED SCOPE OF SERVICES ► Happy Bains Page 4 of 4 February 21. 202 5 The following items are not included as part of the proposed scope of services: ► Geotechnical, Environmental, Survey, Hydrant/Pressure Testing and Hydrogeology services. ► Water rights analysis ► Water/Sewer Rate Studies ► Sewer modeling ► Additional site visits or on-site meetings beyond what is described above. ► Legal services ► Engineering design and construction services Supplemental services not included in the proposed scope can be provided by HR Green under separate agreement, if desired.
PROPOSED FEE
HR Green proposes to provide these services as follows in accordance with our attached standard fee schedule.
Task 1 : Time and Materials basis with an estimated fee of $48,400 Task 2: Time and Materials basis with an estimated fee of $81,700 If you have any questions, please contact me at 951.970.6879 or via email at [email protected].
Sincerely,
HR GREEN PACIFIC, INC.
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Group Leader
STAFF REPORT
AGENDA ITEM: Requesting the Scheduling of 2-3 Town Hall Meetings for the Year 2025
MEETING DATE: February 26, 2025
FROM: Jose Moran, Mayor
DISCUSSION:
Discussion and Direction regarding the scheduling of 2-3 Town Hall Meetings for the year 2025.