STAFF REPORT
AGENDA ITEM: Resolution Accepting the lowest responsive bid and Awarding a Contract to Consolidated Engineering, Inc. for the Main Street and 4th Street Rehabilitation Project; and Authorizing the City Manager to Execute the Agreement in a form approved by the City Attorney MEETING DATE: March 18, 2025
PREPARED BY: Mario Gouveia, City Engineer
REVIEWED BY: Happy Bains, Finance Director/Assistant City Manager RECOMMENDATION:
Resolution Accepting the lowest responsive bid and Awarding a Contract to Consolidated Engineering, Inc. for the Main Street and 4th Street Rehabilitation Project; and Authorizing the City Manager to Execute the Agreement in a form approved by the City Attorney.
BACKGROUND AND DISCUSSION:
As part of the City’s Fiscal Year 2024/2025 Capital Improvement List, the City identified the need for pavement repairs on 4th Street from Park Street to F Street, and a portion of Main Street North of Newcastle Drive. The Main Street and 4th Street Pavement Rehabilitation Project addresses those needs and consists of rehabilitating segments of Main Street and 4th Street in the City of Livingston by pulverizing, planing, and repaving.
Following a public bidding process, the project was advertised in the Merced Sun Star on January 29, February 5, and February 12, 2025. The City received a total of seven (7) bids that were opened and read aloud at 2:00 p.m. on February 19, 2025, at the City of Livingston City Hall, this being the advertised bid opening date and time. The lowest responsible and responsive bid was submitted by Consolidated Engineering, Inc. The bid results were listed as:
Contractor Bid Amount
Consolidated Engineering, Inc. $ 246,670.95
Hensley’s Paving & General Engineering, Inc. $ 257,991.00 Dave Christian Construction Company, Inc. $ 275,868.00
United Pavement Maintenance, Inc. $ 294,241.55
Tom Mayo Construction, Inc. $ 302,056.00
Emmett Valley Construction, Inc. $ 303,991.00
Garcia Paving, Inc. $ 308,494.40
The Engineer’s Estimate was $314,669.75.
It is recommended that a Contract be awarded to Consolidated Engineering, Inc. in the amount of two hundred forty-six thousand six hundred seventy dollars and ninety-five cents ($246,670.95).
FISCAL IMPACT:
The funding for this project was approved for the Fiscal Year 2024/2025 Budget. The Main Street and 4th Street Pavement Rehabilitation will be expended from RMRA funds and Measure V funds.
ATTACHMENTS:
1. Resolution
2. Abstract of Bids
3. Agreement
4. Contractor’s Bid
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ACCEPTING THE LOWEST BID AND AWARDING A CONTRACT TO CONSOLIDATED ENGINEERING, INC.
FOR THE MAIN STREET AND 4TH STREET REHABILITATION PROJECT; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT IN A FORM
APPROVED BY THE CITY ATTORNEY
WHEREAS, the City of Livingston identified the need for pavement repairs on 4th Street from Park Street to F Street, and a portion of Main Street North of Newcastle Drive in the Fiscal Year 2024/2025 Capital Improvement List; and
WHEREAS, the project will consist of rehabilitating Main Street and 4th Street in the City of Livingston by pulverizing, planing, and repaving; and
WHEREAS, the notice to bidders was advertised in the Merced Sun Star on January 29, February 5, and February 12, 2025; and
WHEREAS, a total of seven (7) bids were received and read aloud at 2:00 p.m. on February 19, 2025 at the City of Livingston City Hall, this being the advertised bid opening date and time. The bid results were as listed below:
Contractor Bid Amount
Consolidated Engineering, Inc. $ 246,670.95
Hensley’s Paving & General Engineering, Inc. $ 257,991.00 Dave Christian Construction Company, Inc. $ 275,868.00
United Pavement Maintenance, Inc. $ 294,241.55
Tom Mayo Construction, Inc. $ 302,056.00
Emmett Valley Construction, Inc. $ 303,991.00
Garcia Paving, Inc. $ 308,494.40
WHEREAS, the Engineer’s Estimate was $314,669.75.00; and WHEREAS, the bids have been reviewed and Consolidated Engineering, Inc. submitted the lowest responsive and responsible bid; and
WHEREAS, funding for this work was encumbered in fiscal year 2024/2025 and will be expended from the RMA funds and Measure V funds.
WHEREAS, the City Council now desires to award the bid to Consolidated Engineering, Inc. and enter into an agreement to construct the Project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:
1. The above recitals are true and correct findings of the Livingston City Council.
2. Adopts Resolution 2025- to award a contract to Consolidated Engineering, Inc. for two hundred forty-six thousand six hundred seventy dollars and ninety-five cents ($246,670.95).
3. Authorize the City Manager to sign the Agreement with Consolidated Engineering, Inc. on behalf of the City of Livingston in a form approved by the City Attorney.
4. 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 18th day of March, 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
____________________________________
Roy C. Santos, City Attorney
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ABSTRACT OF BIDS FOR
CITY OF LIVINGSTON
Main St. and 4th St. Pavement Rehabilitations
Bid Opening: February 19, 2025 at 2:00 p.m.
Item
No. Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 1 LS 15,000.00 15,000.00 10,000.00 10,000.00 7,864.12 7,864.12 15,000.00 15,000.00 10,225.00 10,225.00 2 1 LS 7,500.00 7,500.00 6,800.00 6,800.00 6,000.00 6,000.00 7,500.00 7,500.00 7,500.00 7,500.00 3 3,700 SF 1.00 3,700.00 1.65 6,105.00 2.00 7,400.00 1.70 6,290.00 1.00 3,700.00 4 59,900 SF 1.00 59,900.00 0.65 38,935.00 0.93 55,707.00 1.05 62,895.00 0.27 16,173.00 5 1,410 TN 145.00 204,450.00 114.00 160,740.00 111.00 156,510.00 110.50 155,805.00 160.00 225,600.00 6 1,095 LF 5.00 5,475.00 11.00 12,045.00 5.00 5,475.00 4.40 4,818.00 10.00 10,950.00 7 3 EA 1,200.00 3,600.00 300.00 900.00 2,500.00 7,500.00 1,183.00 3,549.00 1,500.00 4,500.00 8 1,132 LF 3.00 3,396.00 2.10 2,377.20 2.04 2,309.28 2.25 2,547.00 3.15 3,565.80 9 1,875 LF 4.25 7,968.75 4.25 7,968.75 4.48 8,400.00 8.00 15,000.00 5.25 9,843.75 10 160 SF 23.00 3,680.00 5.00 800.00 5.16 825.60 15.40 2,464.00 13.65 2,184.00 $314,669.75 $246,670.95 $257,991.00 $275,868.00 $294,241.55 Pavement Recycling Pavement Recycling Sierra Traffic Markings, Inc. Chrisp Company Womack Striping
Item
No. Amount Unit Price Amount Unit Price Amount
1 1 LS 15,000.00 15,000.00 15,000.00 15,000.00 15,000.00 15,000.00 2 1 LS 7,500.00 7,500.00 7,500.00 7,500.00 7,500.00 7,500.00 3 3,700 SF 3.00 11,100.00 2.20 8,140.00 4.31 15,947.00
4 59,900 SF 1.00 59,900.00 1.40 83,860.00 0.84 50,316.00 5 1,410 TN 130.00 183,300.00 108.00 152,280.00 129.53 182,637.30 6 1,095 LF 3.00 3,285.00 15.00 16,425.00 8.18 8,957.10
7 3 EA 2,000.00 6,000.00 1,300.00 3,900.00 3,718.25 11,154.75 8 1,132 LF 3.00 3,396.00 3.00 3,396.00 3.60 4,075.20
9 1,875 LF 5.00 9,375.00 6.00 11,250.00 5.55 10,406.25
10 160 SF 20.00 3,200.00 14.00 2,240.00 15.63 2,500.80
$302,056.00 $303,991.00 $308,494.40
Subcontractors Listed: Chrisp Company Chrisp Company Chrisp Company Pavement Recycling
Tom Mayo Construction Inc. Emmett Valley Construction Garcia Paving Stockton, CA 95215 Fresno, CA 93706 Fresno, CA 93703
4735 E. Fremont Streer 9662 W. Kearney Blvd. 1244 N. Mariposa St. #5
BID TOTAL
Place Shoulder Backing
Adjust Water Valve Cover
Apply Single 4-Inch Striping
Apply Double 4-Inch Striping
Apply Thermoplastic Markings
Mobilization
Traffic Control
Asphalt Concrete Planing
Pulverize and Grade Pavement
Furnish and Place Asphalt Concrete
Traffic Control
Asphalt Concrete Planing
Pulverize and Grade Pavement
Item Description
Quantity
and Unit
Place Shoulder Backing
BID TOTAL
Furnish and Place Asphalt Concrete
Adjust Water Valve Cover
Apply Single 4-Inch Striping
Apply Double 4-Inch Striping
Apply Thermoplastic Markings
Subcontractors Listed:
Engineer's Estimate
Hughson, CA 95326
PO Box 1017
United Pavement Maintenance
PO Box 701
Consolidated Engineering, Inc. Hensley's Paving & Gen. Eng. Inc. Dave Christian Const. Co., Inc.
PO Box 449 2963 N. Sunnyside Ave. #108
Mobilization
Hickman, CA 95323 Fresno, CA 93727-1390
Item Description
Quantity
and Unit
Valley Springs, CA 95252
645.29
ABSTRACT OF BIDS FOR
CITY OF LIVINGSTON
Main St. and 4th St. Pavement Rehabilitations
Bid Opening: February 19, 2025 at 2:00 p.m.
645.29
Project Name/No.: Main St. and 4th St. Pavement Rehabilitations Contract No.:_645.29-2025 Project Manager: Happy Bains, Finance Director/Assistant City Manager Approved:______________
01424.0001/923138.1 1
PUBLIC WORKS AGREEMENT
BETWEEN CITY OF LIVINGSTON AND
CONSOLIDATED ENGINEERING, INC.
THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this ____ day of ________, 2025 by and between the CITY OF LIVINGSTON, a municipal corporation, (“City”) and Consolidated Engineering, Inc, (“Contractor”). City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”
RECITALS
A. The City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.
B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. Pursuant to the authority of the City of Livingston Municipal Code and California state law, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES
1.1 Scope of Work.
The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the Bid Documents for the project entitled Main Street and 4th Street Pavement Rehabilitations (“Project”). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. As used herein, “Bid Documents” refers to all of the documents included in the solicitation of bids for the Project to the extent applicable or appropriate (it being understood that one or more of such documents may not be applicable in the event a competitive bidding process is not utilized due to existence of emergency or exigent circumstances), including but not limited to, the Notice Inviting Bids, Summary of Work, Instructions to Bidders, Bid or Bid Proposal, General Provisions, Special Provisions, Plans, Drawings, and Addenda, and any other documents included, referenced, or incorporated therein. The Bid Documents are incorporated into this
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Agreement. In the event of any conflict between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.
1.2 Incorporation of Greenbook.
The provisions 2018 Edition of the Standard Specifications for Public Works Construction, as updated by errata, (“Greenbook”) are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Registration with DIR. Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. (c) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on with the City at 1416 C Street, Livingston, CA 95334 and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer. (d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records.
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(f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
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1.4 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed; (ii) has carefully considered how the services should be performed; and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
1.6 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site, materially different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
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1.7 Unidentified Utilities.
To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.
1.8 Trench Excavation.
Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000.00 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed therefor.
1.9 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.
1.10 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming
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materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
1.11 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Project Manager to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Project Manager prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000.00, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Project Manager. Any greater increases, taken either separately or cumulatively, must be approved by the City Council.
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(c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor’s Bid. If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Project Manager. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.12 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements,” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid, attached hereto as Exhibit A and incorporated herein by this
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reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation of two hundred forty-six thousand six hundred seventy dollars and ninety-five cents Dollars ($246,670.95) for completion of the work.
2.2 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement.
All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.
2.3 Payment.
City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.4 Retention.
Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107 of the Public Contract Code.
In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.
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2.5 Substitution of Securities.
(a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Schedule of Performance.
Contractor shall begin work within fifteen (15) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within twenty-five (25) consecutive working days from the date on which the work was started and in accordance with any schedule contained in or required to be provided by the Bid Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply.
3.2 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of One Thousand Dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.
3.3 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. If City finds that Contractor’s work does not meet the requirements and standards provided in the Bid Document, Contractor shall remedy any defects in the work at Contractor’s sole expense following notice by the City. City shall accept work by a
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timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:
________________________ ________________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
________________________ ________________________
(Name) (Title)
The Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
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4.3 Project Manager.
The Project Manager shall be Happy Bains, Finance Director/Assistant City Manager or any other person as may be designated by the Project Manager. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City General Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense
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during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000.00 per occurrence, $4,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident. (c) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(d) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area. (e) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000.00 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly
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excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer.
5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) Proof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against 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.
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(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.
(j) 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. (l) 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 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.
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(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 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.
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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 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
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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.
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,
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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).
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
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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) Supporting Documentation. The Contractor shall submit all claims in the following format:
(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. (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
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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. (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 in 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
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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.
(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.
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(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.
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.
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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.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Provisions Required By Law.
Each and every provision of law 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.
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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 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
-25- 01424.0001/923138.1
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.
__________________________________
__________________________________
CONTRACTOR:
CONSOLIDATED ENGINEERING, INC.
*By: ________________________________
Name: _______________________________
Title: _______________________________
ATTEST:
Monica Cisneros, Deputy City Clerk
*By: _______________________________
Name:______________________________
Title: _______________________________
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Roy C. Santos, City Attorney
Address:
_____________________________________
_____________________________________
_____________________________________
*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.
01424.0001/923138.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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. □
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□
01424.0001/923138.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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. □
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01424.0001/923138.1 A-1
EXHIBIT A
CONTRACTOR’S BID
01424.0001/923138.1
EXHIBIT B
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.
Iviain St and 4th St Pav_emen_t Rehabilitations
Ci-ty of Livingston
Public Works
1416 C Street
Li·-1ingston Ca. 95334
Consolidated Engineering Inc.
P.O. Box 701 Valley Sp:-iri~s c·a.t:1 52a2.
CONT UC# 1013580
DIR#: 1000_52-9783
Bid date 2/19/25 2;00PM
l:lli§@rnowrn@
FEB 1 9 2025
City of Livingston
\·.4S,
NO.
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
BID BOOK
FOR
CONSTRUCTION OF
MAIN ST. AND 4TH ST.
PAVEMENT REHABILITATIONS
Bid Opening Date: February 19, 2025@ 2:00 P.M. PST
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 - Page 176
PROPOSAL TO THE CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
NAME OF BIDDER Consolidated Engineering Inc.
BUSINESS P.O. BOX 701 ----------------------
CITY, STATE, ZIP __ V_a_l_l_e_y_S_p_r_i_n_g_s_C_a_. _9_5_2_5_2 _________ _ ( Please include even if P. 0. Box used)
BUSINESS STREET ADDRESS 5860 Amos Lane ------------------ CITY, STATE, ZIP Valley Sp ring s Ca. 95252
TELEPHONE NO.: AREA CODE ( 209 ) _4_8_2_-_0_1_64 __________ _ FAX NO.: AREA CODE ( N/A
CONTRACTOR LICENSE NO.: 1013580 - A -------- ----------- The work for which this proposal is submitted is for construction in accordance with the special 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:
645.29
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
CONTRACT DOCUMENTS
FOR CONSTRUCTION OF
MAIN ST. AND 4TH ST.
PAVEMENT REHABILITATIONS
BID1of13
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 otherwise 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 a 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 undersigned 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 645.29
8ID2-13
is accepted, that he will contract with the CITY of LIVINGSTON, in the form of the copy of the contract annexed hereto, to provide alt 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 payment therefore the following prices, to wit:
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
BID SCHEDULE
MAIN ST. AND 4TH ST.
PAVEMENT REHABILITATIONS
ITEM ESTIMATED UNIT ITEM
NO. BID ITEM DESCRIPTION QUANTITY PRICE TOTAL
1 Mobilization 1 LS $ \C<-iC'C..:> $ l oce,c)
*(Item 1 not to exceed $15,000.00) *(See Note)
2 Traffic Control 1 LS $ i.,'?C)O --- $ ~ 'S.f C:C:., -- **(Item 2 not to exceed $7,500.00) **(See Note)
3 Asphalt Concrete Planing 3,700 SF $ I, t:..,£' $ c;,\ b$' - 4 Pulverize and Grade Pavement 59,900 SF $ • ~!,- $ '3~'13S - 5 Furnish and Place Asphalt Concrete 1,410 TN $ ' tl.\ ·- $ ( ~O, Y 6-- 6 Place Shoulder Backing 1,095 LF $ ! i ·- $ 12.oys;-
7 Adjust Water Valve Cover 3 EA $ 3co- $ qoo8 Apply Single 4-lnch Striping 1,132 LF $ 2,(0 $ "2.. J 77, 26 9 Apply Double 4-lnch Striping 1,875 LF $ y I zs.- $ ,cr G>€°, 1 S10 Apply Thermoplastic Markings 160 SF $ ;!;- $ <&'t::cTOTAL BID $ ·2=! ~, ~:1;.o .. crs:.. I NOTE: "TOTAL BID" is only on the last page of the Bid Schedule List 645.29
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.
Percent Dept. of
Bid Item Description of Work to be Performed of Total Subcontractor's Industrial Subcontractor's Name and Address No. Contract License No. Relations (DIR) Re!listration No.
Pavement Recycling 3 Cold Plane 1. 5 569352 1000003363 Bell Ave Sacramento Pavement Recycling
4 Pulverize 4.0 569352 000003363 Bell Ave Sacramento
.
645.29
BID4-13
STATEMENT OF QUALIFICATIONS
Experience
Bidder shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
1 2 3
McKinley Ave Los Banos MJC West Parking
Project Title Street Rehab Lot
2024
City of Lathrop City of Los Banos Modesto Junior
Public Agency College
390 Towne Centre 520 J St 435 College Ave
Address Lathrop 95330 Los Banos 93635 Modesto 95350
209-207-2651 916-215-3196 209-575-6540
Telephone No.
Zak Karver Charles Bergson Jennifer Desanto
Engineer in Charge
$1,093,000 $971,707.00 $1,564,000
Project Value($)
10-20-24 11/15/24 9-25-24
Date Accepted
Claims Filed? NO NO NO
If yes explain
below:
645.29
BID 5-13
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERT/FICA TIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder Consolidated Engineering Inc. , proposed subcontractor(s) Pavement Recycling
(list Subcontractor(s) above)
hereby certifies that he
D has
lli! 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. 645.29
BID6-13
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 D has
!]I has not
been convicted 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 questionnaire:
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. 645.29
8ID7-13
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
Coun~of Calaveras
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.
Consolidated Engineering Inc . (Name of Contractor)
By: John Estruth
C (Signature of Contractor)
Date: 2/18/25
645.29
BID 8-13
645.29
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 association, organization, bid depository, or to any member or agent thereof 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.
BID 9-13
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 under these permits to provide information to Contractors performing work 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. 645.29
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 _B_i_d __ B_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 affirm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.
Consolidated Enginee rin g Inc .
Casey Curtin President
Licensed in conformance with an act providing for the registration of Contractors, License No. 1013580 Classification(s) __ A__________ _
Department of Industrial Relations (DIR) Registration No. _1_0_0_0_5_2_9_7_8_3 _______ _
ADDENDA
This Proposal is submitted with respect to the changes to the contract included in Addenda Number/s
NO ADDENDUMS FOR THIS PROJECT
(Fill in addenda numbers if addenda have been received and insert, in this Proposal, any Engineer's Estimate sheets that were received as part 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). 645.29
Date: 2 / 18 / 2 5
Sian
1~
i Mere John Estruth Chief Estimator
Signature and Title of Bidder
BusinessAddress 5860 Amos Lane Valley Springs Ca. 95252 Place of Business Valley Springs Ca.
Place of Residence Valley Springs Ca.
BID 11 -13
BID BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
BIDDER (Name and Address)
Consolidated Engineering, Inc
560 Amos Lane
SURETY (Name, and Address of Principal Place
of Business):
Valley Springs, CA 95252
OWNER (Name and Address):
City of Livingston
1416 C Street
Livingston, CA 95334
BID
Bid Due Date: February 19, 2025
Old Republic Surety Company
18500 W. Corporate Drive
Brookfield, WI 53045
Description: (Project Name and M - St d 4th St p t R h bTt t · Location) am . an . avemen _e a , , a rons BOND
Bond
Number:N/A
Date: February 13, 2025
Penal $
Sum: Ten Percent of t he Total Amount of Bid 10% of Bid (Words) (Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.
BIDDER SURETY
__ C_on_s_o_lid_a_t _ed_ En~g~in_e_e_ri~ng~,_I_n_c ___ (Seal) Old Republic Surety Company (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: By: ~ IWUt.d a. uu 4~
ignature (Attach Po er of Attorney)
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Title , , ' 11 1 1 ' ' , ,
........ ~NGt, ,,,, .. ~I~ • ••••••• I'll~, .. .. vV••• o~ A•••,~ .. $~..-o~v '"'f~--~:e:
Attest:
Stephanie Agapoff
Print Name
Attorney-In-Fact
Title
Signature gdt'SEA\.: \z~ . i::J!o 20-\6 ~:(;): . Trevor Klicker, Witness -o· ~-.... -;_ i,,··1l.J O~./~ ,2 • Title .,. lfi, .. F .. ~ .....
Note: Addresses 'rfr&]i&-;;_e~t«'giving any required notice.
Provide execution by' Mlv 'dd?litional parties, such as joint venturers, if necessary. 645.29
BID 12-13
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.
3. This obligation shall be null and void if:
3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or
3.2 All Bids are rejected by Owner, or
3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.
5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent.
6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.
7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.
11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. 645.29
BID 13-13
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 Sacramento
On 02j13/ZS: before me, Tina S. Salas, Notary Public
(insert name and title of the officer)
personally appeared Stephanie Agapoff
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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.
Signatur~ ~ ~ (Seal)
oooeeoool
TINA S. SALAS
Notary Public • California :
Sacramento County s:
Commission II 2409815 -
m. Expires Jul 4, 2026
**** * * ! OLD REPUBLIC: SlJRET"\1 (:OMPAN\l
*****
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint:
David Weise, Nicole S. Moon, Catherine A. Pinney, Stephanie Agapoff, Jose Lemus of Rancho Cordova, CA its true and lawful Attomey(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of penefits, or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982.
RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed {if a seal be required) by any secretary or assistant secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent: or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 15th day of August 2024
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
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OLD REPUBLIC SURETY COMPANY
/4~
President
On this 15th day of August 2024 , personally came before me, Alan Pavlic and Karen J Haffner , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
My Commission Expires: September 28. 2026
CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force .
• ,~•\''~"1~~~;11,,,4:
31 3225
ORSC 22262 (3-06)
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Signed and sealed at the City of Brookfield, WI this _ _ 1 _ 3_t _h __ day of __ F_e_b_r_u_a_r_y _ _ 2025
STAFF REPORT
AGENDA ITEM: Consideration of a Resolution Authorizing the City Manager to Enter Into a Monthly Maintenance Contract in the Amount of $1,935.00 with Telepath for Police Radio Maintenance Services
MEETING DATE: March 18, 2025
PREPARED BY: Deanna Soria, Administrative Services Manager APPROVED By: Happy Bains, Finance Director/Assistant City Manager RECOMMENDATION:
Consideration of a Resolution Authorizing the City Manager to Enter Into a Monthly Maintenance Contract in the Amount of $1,935.00 with Telepath for Police Radio Maintenance Services.
BACKGROUND AND DISCUSSION:
The Livingston Police Department's previous police radio maintenance contract with LaRue Communications expired on January 30, 2025. Maintaining a radio communication system is critical for the successful delivery of police services during both emergency and non-emergency situations within the community.
After meeting with two vendors the department received one (1) formal proposal from Telepath and they were selected as the new service provider. Telepath offered a maintenance contract at a cost of $1,935.00 monthly, which is $6.00 less than the cost with LaRue Communications. This change in the vendor ensures continuity of service without an increase in costs.
Entering into this contract with Telepath will ensure the continued reliable operation of the police radio communication system, which is essential for public safety and effective delivery service.
The maintenance contract with Telepath includes coverage for infrastructure and subscriber equipment. Key items covered in the contract are:
• Repeater Equipment Maintenance
• Dispatch Console Maintenance
• Portable and Mobile Radio Maintenance
• 24/7 Technical Support
• Firmware Updates
• Equipment Loaner Service for Repeaters
The equipment covered in the maintenance contract includes the primary repeater, Icom FR3000 repeater, voting comparators, voting receivers, Zetron dispatch console, and various portable and mobile radios.
The sales quote from Telepath also outlines exclusions, such as damage caused by accidents, water, and physical abuse, as well as accessory replacements. Any tampering or unauthorized intervention with the equipment may void the contract.
FISCAL IMPACT:
The total cost of the Telepath maintenance contract is $1,935.00 monthly. Funding for this contract has already been allocated in the FY 24/25 budget under line item 1100- 102-4310. There are no additional fiscal impacts associated with this agreement.
ATTACHMENTS:
1. Telepath Sales Quote with Detailed List of Covered Equipment
2. Resolution
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING
THE CITY MANAGER TO ENTER INTO A MONTHLY MAINTENANCE CONTRACT IN THE AMOUNT OF $1,935.00 WITH TELEPATH FOR POLICE RADIO MAINTENANCE SERVICES WHEREAS, the Livingston Police Department's previous police radio maintenance contract with LaRue Communications expired on January 30, 2025; and
WHEREAS, maintaining a radio communication system is critical for the successful delivery of police services during both emergency and non-emergency situations within the community; and
WHEREAS, after evaluating proposals from two vendors, Telepath was selected as the new service provider, offering a maintenance contract at a cost of $1,935.00 monthly, which is $6.00 less than the cost with LaRue Communications; and
WHEREAS, entering into this contract with Telepath will ensure the continued reliable operation of the police radio communication system, which is essential for public safety and effective service delivery; and
WHEREAS, the maintenance contract with Telepath includes coverage for infrastructure and subscriber equipment, including repeater equipment maintenance, dispatch console maintenance, portable and mobile radio maintenance, 24/7 technical support, firmware updates, and equipment loaner service for repeaters; and
WHEREAS, the total cost of the Telepath maintenance contract is $1,935.00 monthly, with funding already allocated in the FY 24/25 budget under line item 1100-102-4310; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows:
1. The City Manager is hereby authorized to enter a maintenance contract with Telepath for police radio maintenance services at a monthly cost of $1,935.00.
2. The City Manager is authorized to take all necessary actions to implement the maintenance contract, including the execution of any related documents.
I hereby certify that the foregoing Resolution No. 2025- 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 18th day of March 2025, by the vote recorded as follows:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
Jose Moran, Mayor
of the City of Livingston
ATTEST:
___________________________
Monica Cisneros, Assistant to the City Manager/Deputy City Clerk of the City of Livingston
APPROVED AS TO LEGAL FORM
____________________________________
Roy C. Santos, City Attorney
SALES QUOTE
Livingston Police Department
Deanna Soria
1446 C St.
LIVINGSTON CA 95334
UNITED STATES
Livingston Police Department
Deanna Soria
1446 C St.
LIVINGSTON CA 95334
UNITED STATES
SQ-181250
Customer Contact Ship To
Account Terms Due Date Account Rep Schedule Date
Nathan Tran
Quotation PO # Reference Ship VIA Page Printed
SQ-181250 Livingston SMA 2 1
1005392 C.O.D
*181250*
1/28/2025
1/28/2025 1/28/2025
1/30/2025
3:11:48PM
UPS Ground Commercial
L Item Description Qty Price UM Discount Amount
1 Service Maintenance Agreement
****************************************
Contract Term: 2/01/25 - 01/31/26
Items Covered:
Infrastructure Equipment
Subscriber Equipment
2 3 **************Infastructure*************
Includes
**Service & Repair
**Repeater Equipment loaner
**24/7 Technical Service
**Firmware updates
*********** Does Not Include ***********
**Accidental, Physical & Water
Damage, or Act of God
**Replacement Equipment
**Voiding of contract:
This SMA contract will be voided upon
customer intervention with equipment
function, operation, or configuration.
Any tampering with or alteration of the
listed equipment from the state last
left by Telepath will void this
agreement, and any work required by
Telepath to fix the resulting issues
$0.00
Sub Total
QUOTATIONS ARE VALID FOR 30 DAYS
A 20% RESTOCKING FEE WILL APPLY TO ALL RETURNED ITEMS
BDA's, DAS, UPS, AND CUSTOM SYSTEMS ARE NON-RETURNABLE
Please print your name:______________________________
Signature:_______________________ DATE:____________
;
~.
~ 1!~.RIOCA~!!: ---SINCE 1918---
l 137 Cadlllae CoWII
Milpiw, CA 9503.5
srn-656-5600 wWY.• .tolcpa.'thcorp.com
I
2-W A U\D' 0 Y TEM
I
ERRCS DAS SYSTEMS
PU.BU s· r TY
VElUCL,F. OUTI'fTTING
I
I
SALES QUOTE
Livingston Police Department
Deanna Soria
1446 C St.
LIVINGSTON CA 95334
UNITED STATES
Livingston Police Department
Deanna Soria
1446 C St.
LIVINGSTON CA 95334
UNITED STATES
SQ-181250
Customer Contact Ship To
Account Terms Due Date Account Rep Schedule Date
Nathan Tran
Quotation PO # Reference Ship VIA Page Printed
SQ-181250 Livingston SMA 2 2
1005392 C.O.D
*181250*
1/28/2025
1/28/2025 1/28/2025
1/30/2025
3:11:48PM
UPS Ground Commercial
L Item Description Qty Price UM Discount Amount
will be billable at the customer's
expense on a time and material basis at
the current labor field rate.
****************************************
4 5 REPEATER EQUIPMENT
Maintenance Contract: PRIMARY REPEATER $125.00
(MONTHLY)
6 MaintenanceAgrm 1 EA $125.00
Maintenance Contract: ICOM FR3000 $125.00
REPATER (MONTHLY)
7 MaintenanceAgrm 1 EA $125.00
Maintenance Contract: VOTING COMPARATOR $125.00
(MONTHLY)
8 MaintenanceAgrm 1 EA $125.00
Maintenance Contract: CORPYARD RECEIVER $125.00
(MONTHLY)
9 MaintenanceAgrm 1 EA $125.00
Maintenance Contract: FOSTER FARMS $125.00
VOTING RECEIVER (MONTHLY)
10 MaintenanceAgrm 1 EA $125.00
11 12 DISPATCH EQUIPMENT
Maintenance Contract: MOTOROLA M1225 $6.00
BASE STATION (MONTHLY)
13 MaintenanceAgrm 1 EA $6.00
Maintenance Contract: ZETRON CONSOLE $500.00
POSTITION (MONTHLY)
14 MaintenanceAgrm 2 EA $1,000.00
15 16 ***************Subscribers**************
Includes
**Essential Subscriber Break Fix Repair
************ Does Not Include **********
$1,631.00
$1,631.00
Sub Total
Running
Sub Total
QUOTATIONS ARE VALID FOR 30 DAYS
A 20% RESTOCKING FEE WILL APPLY TO ALL RETURNED ITEMS
BDA's, DAS, UPS, AND CUSTOM SYSTEMS ARE NON-RETURNABLE
Please print your name:______________________________
Signature:_______________________ DATE:____________
;
~.
~ 1!~.RIOCA~!!: ---SINCE 1918 ---
l 137 Cadlllae CoWII
Milpiw, CA 9503.5
srn-656-5600 www .tolcpa.'thcorp.com
I
2-W A U\D' 0 Y TEM
I
ERRCS DAS SYSTEMS
PU.BU s· r TY
VElUCL,F. OUTI'fTTING
I
I
SALES QUOTE
Livingston Police Department
Deanna Soria
1446 C St.
LIVINGSTON CA 95334
UNITED STATES
Livingston Police Department
Deanna Soria
1446 C St.
LIVINGSTON CA 95334
UNITED STATES
SQ-181250
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SQ-181250 Livingston SMA 2 3
1005392 C.O.D
*181250*
1/28/2025
1/28/2025 1/28/2025
1/30/2025
3:11:48PM
UPS Ground Commercial
L Item Description Qty Price UM Discount Amount
**Portable damage due to:
- Accidental
- Physical
- Water
**Replacement
**Accessories: Battery, Belt Clip,
Charger, Speaker Mic and Antenna
****************************************
17 18 PORTABLES
Maintenance Contract: ICOM F70S PORTABLE $7.00
(MONTHLY)
19 MaintenanceAgrm 24 EA $168.00
20 21 MOBILES
Maintenance Contract: MOTOROLA M1225 $6.00
MOBILES (MONTHLY)
22 MaintenanceAgrm 6 EA $36.00
Maintenance Contract: ICOM F1721 03 $6.00
MOBILES (MONTHLY)
23 MaintenanceAgrm 10 EA $60.00
Maintenance Contract: MOTOROLA CM300 $6.00
MOBILES (MONTHLY)
24 MaintenanceAgrm 2 EA $12.00
Maintenance Contract: KENWOOD 7180 $7.00
MOBILES (MONTHLY)
25 MaintenanceAgrm 4 EA $28.00
QUOTATIONS ARE VALID FOR 30 DAYS
A 20% RESTOCKING FEE WILL APPLY TO ALL RETURNED ITEMS
BDA's, DAS, UPS, AND CUSTOM SYSTEMS ARE NON-RETURNABLE
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Tax Details
CA024.3 $0.000
EXEMPT $0.000
$0.00
$0.00
$1,935.00
$1,935.00
$1,935.00
Taxable
Total Tax
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STAFF REPORT
AGENDA ITEM: Resolution Authorizing the Reclassification of the Administrative Services Manager to the Police Support
Operations Manager, Amending the Salary Schedule to
Approve the Revised Salary Range for the Position, and
Other Actions Necessary to Effectuate the Change
MEETING DATE: March 18, 2025
PREPARED BY: Frederick Schiff, Chief of Police
REVIEWED BY: Arcelia Cruz – Human Resources Coordinator RECOMMENDATION:
Staff recommends that the City Council adopt the resolution approving the reclassification of the Administrative Services Manager to the Police Support Operations Manager, amending the salary schedule to approve the revised salary range for the position, and other actions necessary to effectuate the change.
BACKGROUND AND DISCUSSION:
Periodically, it is customary for an agency to review job classification specifications in relation to the duties and responsibilities of the positions performing the work, tools and equipment necessary to perform the duties, and the regulatory, legislative, and educational requirements to perform successfully in the position.
As there are significant changes that affect the expectations or requirements for performing the work, the work performed, or how services are delivered, it is the responsibility of the agency to update the job classification specifications related to the position performing the work. Classification specifications provide support for recruitment, promotion, training, evaluation performance, career path development, and compensation comparisons.
In addition, to assist in addressing retention challenges and succession planning for all levels of staffing in the organization, the salary and position structure should be reviewed to establish differentials between classifications to compensate for differences between classifications such as span control, supervision, and specialized education and certification requirements.
The reclassification of the incumbent, and the updated job description reflect the higher level of duties performed by the individual in the position, and accurately reflects the scope and responsibilities performed by the individual.
An analysis of the job duties performed by the incumbent was performed, and a salary survey was conducted to ensure that the salary range reflected the actual responsibilities performed.
The incumbent Administrative Services Manager has taken on and continues to perform many additional duties.
The core functions of the newly created position are as follows:
• Oversee and supervise the operations, staff and activities of the property/evidence room and the Communications/Records Manager position according to established policies, laws, and procedures.
• Train, supervise and evaluate the performance of the Property/Evidence Technician and the Communications/Records Manager; assist in background and hiring processes; interview and select employees; assign employee duties and review work to assure accuracy, completeness and compliance with established standards, requirements and procedures.
• Act as police department CJIS Security Point of Contact and the agency California Law Enforcement Telecommunications System (CLETS) coordinator. Ensure annual CLETS compliance and security for all police personnel. • Assure accurate and timely California Incident Based Reporting, STOP Data Collection System Database Reporting in accordance with Racial and Identity Profiling Act of 2015 (RIPA) regulations and all other monthly mandatory reporting to California Department of Justice.
• Assure accurate and timely reporting in accordance with California State Law to POST/Mark 43 online reporting platform. Continuous tracking of reports on a regular basis.
• Manage all computer software and/or web-based applications for police department to include, but not limited to, Axon, Flock Camera System, RIMS by Sun Ridge Systems, DOJ/Cal Photo/CSAR, CLETS, ePCD, and ensure proper department member access and training. Work directly with information technology staff to ensure all systems are up to date and operational.
Troubleshoot all computer and hardware issues that may arise. Act as IT Liaison for police department.
• Assist in the preparation and maintenance of assigned budgets for the Police Services Department; review budgetary and financial data; monitor expenditures in accordance with established limitations; balance and reconcile assigned accounts and budgets as required; make bank deposits; manage petty cash funds for the department for routine reimbursements.
• Act as Agency Training Coordinator (ATC) for DOJ in relation to CLETS training of all employees. Ensure annual training compliance is met by each employee in accordance with CJIS Policies and Procedures. • Perform a variety of complex secretarial duties to relieve the Chief of Police of administrative support and clerical detail; oversee the preparation and distribution of correspondence for the Chief of Police; screen and maintain appointment and meeting schedules.
After completing a salary survey of comparable communities with “like” responsibilities many of the cities surveyed have multiple people responsible for the same duties. As a result, staff listed those positions and generated an average salary for those cities.
That survey is attached for reference as an attachment.
The salary schedule changes are shown below:
Administrative Services Manager (old position):
Type A B C D E
Hourly 31.36 32.93 34.58 36.31 38.12
Monthly 5,436.34 5,708.16 5993.57 6,293.24 6,607.91
Annually 65,236.09 68,497.89 71,922.79 75,518.93 79,294.88 Police Support Operations Manager (new position):
Type A B C D E
Hourly 51.72 54.30 57.02 59.87 62.86
Monthly 8,964.19 9,412.40 9.883.01 10,377.17 10,896.02
Annually 107,570.23 112,948.74 118,596.18 124,525.99 130,752.29 This will result in a total net increase of $51,457.41 at the top step for the position on an annual basis for this position.
Approving this action will resolve having an employee working out of class and performing an extensive list of duties that are not listed in their current job description.
FISCAL IMPACT:
The addition of the Police Support Operations Manager salary will be offset by salary savings from vacant positions in the Police Department. The full year’s cost will be included in the FY 25/26 Budget.
ATTACHMENTS:
1. Resolution
2. Job Description – Police Support Operations Manager. Exhibit “A”
3. Revised Comprehensive Pay Schedule adding salary range for Police Support Operations Manager and removal of the Administrative Services Manager classification. Exhibit “B”
4. Management and Confidential Employee Listing. Exhibit “C”
5. Salary survey. Exhibit “D”
SUCCESSION PLANNING:
One conclusive observation while conducting our salary survey was that our current Administrative Services Manager position encompasses far more responsibility than
I I I I I I I
I I I I I I I
comparable positions. For the most part, comparable Cities use a minimum of two separate positions to fulfill the current responsibilities of our ASM. In our current situation, the work being done by our single manager is possible solely because of our individual’s ability, skill and institutional knowledge. In the future, it will not be possible to recruit and hire one individual to perform the work currently being accomplished.
A proper succession plan will necessitate the development of two new job descriptions, taking into account current and future State reporting requirements. State implemented requirements are increasing on a yearly basis, so it is reasonable to assume that both future position’s responsibilities will also increase.
Incorporated in the proposed Police Support Operations Manager job description is the requirement to provide training for both new positions in order to facilitate a seamless transfer of knowledge.
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
APPROVING THE RECLASSIFICATION OF THE ADMINISTRATIVE SERVICES MANAGER
TO THE POLICE SUPPORT OPERATIONS MANAGER, AMENDING THE SALARY
SCHEDULE TO APPROVE THE REVISED SALARY RANGE FOR THE POSITION, AND
OTHER ACTIONS NECESSARY TO EFFECTUATE THE CHANGE
WHEREAS, the City of Livingston organizes and deploys employee resources in accordance with work demands and categorizes the resulting work assignments in a manner consistent with a job classification system; and
WHEREAS, Staff requests the addition of a Police Support Operations Manager job description and corresponding salary schedule for the Police Support Operations Manager; and WHEREAS, the Finance Department will make the necessary budget adjustments to reflect the amendments necessary for the addition of the Police Support Operations Manager; and WHEREAS, a new classification and title and related salary range has been proposed after reviewing the incumbent’s job responsibilities and requirements to perform the job; and WHEREAS, the City Council finds and determines that it desires to establish the Police Support Operations Manager position with a monthly salary range of $8,964.19 to $10,896.02 and WHEREAS, Staff has met and conferred with the Management and Confidential Employees Association regarding the proposed reclassification and actions necessary to effectuate this change.
WHEREAS, Staff recommends adopting the new Police Support Operations Manager job description and removing the Administrative Services Manager job description NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows:
Section 1. The above recitals are true and correct findings of the Livingston City Council.
Section 2. Authorizes reclassifying the position of Administrative Services Manager to Police Support Operations Manager with a monthly salary range of $8,964.19 to $10,896.02.
Section 3. Authorizes the removal of the Administrative Services Manager position from the Salary schedule). Exhibit “B”
Section 4. Attachment 2 (Management and Confidential MOU) is hereby amended to include the list of classifications identified in Exhibit “C” attached hereto Section 5. Approval of the Police Support Operations Manager job description Exhibit “A” and Removal of the Administrative Services Manager job description from the City’s list of authorized positions.
Section 6. 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 the City Council of the City of Livingston at a regular meeting thereof duly held on the 18th day of March 2025, by the vote recorded as follows:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
Jose Moran, Mayor
of the City of Livingston
ATTEST:
___________________________
Monica Cisneros, Assistant to the City Manager/Deputy City Clerk of the City of Livingston
APPROVED AS TO LEGAL FORM
____________________________________
Roy C. Santos, City Attorney
Police Support Operations Manager Page 1 of 4
Exhibit A
Job Description
Title: Police Support Operations
Manager
FLSA Status: Exempt Created:
Supervisor: Chief of Police Supervises: Property & Evidence Technician and
Communications/Records Manager
Revised:
Job Family: Police Services Bargaining Unit: Management/Conf Approved:
JOB SUMMARY:
Under the direction of the Chief of Police, coordinate communications between the Police Chief, City personnel, governmental agencies, outside organizations and the public to ensure smooth and efficient office activities; serve as a confidential secretary to the Chief of Police and is responsible for department administrative duties including personnel records management and general office management; train, supervise and evaluate the performance of assigned personnel.
ESSENTIAL DUTIES AND RESPONSIBILITIES:
Supervision Responsibilities:
• Oversee and supervise the operations, staff and activities of the property/evidence room according to established policies, laws, and procedures.
• Train, supervise and evaluate the performance of the Property/Evidence Technician; assist in background and hiring processes; interview and select employees; assign employee duties and review work to assure accuracy, completeness and compliance with established standards, requirements and procedures. • Oversee and supervise the operations, staff and activities of the Communications/Records Division according to established policies, laws, and procedures.
• Train, supervise and evaluate the performance of the Communications/Records Manager; assist in background and hiring processes; interview and select employees; assign employee duties and review work to assure accuracy, completeness and compliance with established standards, requirements and procedures.
Chief of Police Executive Administration Duties:
• Coordinate communications between the Police Chief, City personnel, governmental agencies, outside organizations and the public to ensure smooth and efficient office activities; receive visitors, law enforcement staff and the public. • Perform a variety of complex secretarial duties to relieve the Chief of Police of administrative support and clerical detail; oversee the preparation and distribution of correspondence for the Chief of Police; screen and maintain appointment and meeting schedules.
• Provide administrative support to various staff members as directed by the Chief of Police. • Receive and answer telephone calls and emails; provide information or direct to appropriate personnel; exercise independent judgment in resolving a variety of issues; refer difficult issues to the Chief of Police as needed; provide technical information and assistance related to Police Services operations and related laws, rules, regulations, policies and procedures.
• Provide technical information and assistance to the Chief of Police regarding assigned functions; assist in the formulation and development of policies, procedures and programs. • Input data into an assigned computer system; maintain automated databases; generate queries, spreadsheets, computerized lists and reports as requested; review input and output data for accuracy. • Communicate with City personnel, vendors, law enforcement agencies and outside organizations to coordinate activities and programs, resolve issues and conflicts and exchange information; serve as a liaison to the Gustine Police department regarding staffing levels, CAD/RMS systems.
Police Support Operations Manager Page 2 of 4
• Manage and oversee all police personnel files and ensure proper filing of necessary documents in accordance with California State Law and the Peace Officer Bill of Rights (POBR). • Receive, sort and distribute mail; prepare and distribute mailings as directed. • Attend meetings, Council sessions and conferences; prepare agenda and/or minutes as required. • Oversee all police department contracts and Memoranda of Understanding (MOU), including but not limited to, MAPS Program contracts, Victim Witness and MAGNET/HIDTA MOUs. • Coordinate with Human Resources Department regarding police employee recruitment process involving advertising vacant positions, review applications, testing, interviewing, and selecting new employees. • Work directly with background investigators throughout the entire background process. Ensure proper filing and retention of necessary background documentation in accordance with POST.
Mandatory Reporting and Compliance:
• Act as police department CJIS Security Point of Contact and the agency California Law Enforcement Telecommunications System (CLETS) coordinator. Ensure annual CLETS compliance and security for all police personnel.
• Oversee and participate in the preparation and maintenance of a variety of narrative and statistical reports, logs, records and confidential files related to police personnel and physical records system of the Police Department in compliance with P.O.S.T.
• Assure accurate and timely California Incident Based Reporting, STOP Data Collection System Database Reporting in accordance with Racial and Identity Profiling Act of 2015 (RIPA) regulations and all other monthly mandatory reporting to California Department of Justice.
• Research and compile data, statistics and information related to Police Service operations, activities and reports for submittal to DOJ, FBI, and other agencies.
• Manage all internal affairs and ensure compliance with retention and related correspondence. • Assure accurate and timely reporting in accordance with California State Law to POST/Mark 43 online reporting platform. Continuous tracking of reports on a regular basis. • Manage Access Control System (RFID Cards) for all City employees in accordance with CJIS policies, procedures and guidelines.
• Order forms and documents from CHP, DOJ, DMV and other entities to ensure proper reporting. Work with a printing company to create and print new documents, citations, forms, etc. to ensure consistency in required reporting. • Manage all background files properly for annual inspections by POST and work directly with POST auditor to ensure compliance with all State of California Laws and POST Policies and Procedures. • Oversee livescan transactions and returns for all City employees including Recreation volunteers/coaches.
Budget Preparation/Tracking:
• Assist in the preparation and maintenance of assigned budgets for the Police Services Department; review budgetary and financial data; monitor expenditures in accordance with established limitations; balance and reconcile assigned accounts and budgets as required; make bank deposits; manage petty cash funds for the department for routine reimbursements.
• Accounting and reporting of designated funds and budgets assigned. • Maintain and track Department related grants; assure proper review and approval of grant applications by the Police Services administration.
• Manage reporting and billing for MAGNET/HIDTA program involvement.
Training Compliance:
• Assist in the planning, tracking and implementation of mandated training programs for Police Service personnel; process training requests; schedule training classes and any travel associated with trainings. • Act as Agency Training Coordinator (ATC) for DOJ in relation to CLETS training of all employees. Ensure annual training compliance is met by each employee in accordance with CJIS Policies and Procedures. • Manage all CCW applications and permits. Process initial and renewal applications and ensure proper reporting to DOJ in accordance with California State Laws. Meet with applicants and provide information on the process and manage compliance requirements.
Police Support Operations Manager Page 3 of 4
• Manage all mutual aid assistance documents. Process necessary paperwork for mutual aid reimbursement and manage required reporting in accordance with California State and Federal Laws and guidelines.
Technical Functions:
• Manage all computer software and/or web-based applications for police department to include, but not limited to, Axon, Flock Camera System, RIMS by Sun Ridge Systems, DOJ/Cal Photo/CSAR, CLETS, ePCD, and ensure proper department member access and training. Work directly with information technology staff to ensure all systems are up to date and operational. Troubleshoot all computer and hardware issues that may arise. Act as IT Liaison for police department.
• Manage Net Motion/VPN, Cradlepoint and cell phone accounts to ensure connectivity to the internet for all mobile devices.
• City phone system and 911Vesta phone system liaison. Work with phone vendors to troubleshoot/diagnose any problems and/or issues that may interfere with emergency operations. 24-hour response for downed communications systems.
• Troubleshoot and resolve minor computer, two-way radio, peripheral, and related office equipment issues: perform minor repairs and arrange for more complex office equipment, radio or computer malfunction repairs.
Social Media:
• Manage police department division of City website.
• Manage police department Facebook page.
OTHER DUTIES:
• Monitor inventory levels of office supplies; order, receive and maintain inventory of office supplies; prepare, process and code purchase orders and invoices as assigned; arrange for billings and payments as directed. • Maintain Department vehicle registrations and required permits. • Operate a variety of office equipment, a computer and assigned software; operate a two-way radio. • Perform related duties as assigned.
QUALIFICATIONS:
To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill and/or ability required. The work environmental characteristics and physical demands described here are representative of those an employee encounters while performing the essential functions of this job.
Reasonable accommodation may be made to enable individuals with disabilities to perform the essential functions.
Knowledge of:
• Modern office principles, practices and techniques involved in police administration services. • Principles and practices of supervision and training. • Organizational operations, policies and objectives.
• Business letter and report writing, editing and proofreading. • Methods, procedures and terminology used in clerical accounting work. • Record-keeping and report preparation techniques.
• Telephone techniques and etiquette.
• Correct English usage, grammar, spelling, punctuation and vocabulary. • Oral and written communication skills.
• Applicable laws, codes, regulations, policies and proceduresincluding law enforcement codes and government reporting regulations.
• Interpersonal skills using tact, patience and courtesy. • Operation of a computer and assigned software.
• Record retrieval and storage systems.
• Basic public relations techniques.
• Mathematic calculations.
Ability to:
• Supervise and evaluate the performance of assigned staff.
Police Support Operations Manager Page 4 of 4
• Perform a variety of complex secretarial duties to relieve the Chief of Police of administrative support and clerical detail.
• Plan, coordinate and organize office activities and coordinate flow of communications and information for the Chief of Police.
• Prepare and maintain comprehensive narrative and statistical reports. • Oversee and participate in the maintenance of records, logs and files related to assigned Police Services activities. • Compose effective correspondence independently.
• Perform a variety of clerical accounting duties.
• Communicate effectively both orally and in writing.
• Interpret, apply and explain rules, regulations, policies and procedures related to Police Services operations. • Establish and maintain cooperative and effective working relationships with others. • Operate a computer and assigned office equipment.
• Analyze situations accurately and adopt an effective course of action. • Answer telephones and greet the public courteously.
• Research and compile data.
• Meet schedules and timelines.
• Work independently with little direction.
• Plan and organize work.
• Add, subtract, multiply and divide with speed and accuracy.
Education and Experience:
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain knowledge and abilities is:
• Graduation from high school or equivalent GED supplemented by college-level course work in work in criminal justice, communication, secretarial science or related field. • Four years of increasingly responsible secretarial experience in a public agency involving frequent public contact. • Experience in a law enforcement agency is desirable but not required.
Licenses, Certifications and other Requirements:
• Formal applications, rating of education and experience, test, oral interview, pass a background polygraph, psychological, and medical examination.
• Valid California Law Enforcement Telecommunication System (CLETS) certificate.
WORKING CONDITIONS:
Work Environment:
• Indoor/Office environment.
• Fast-paced environment with changing priorities.
• Evening or variable hours.
Physical Demands:
• Dexterity of hands and fingers to operate a computer keyboard. • Hearing and speaking to exchange information in person and on the telephone. • Sitting or standing for extended periods of time.
• Lifting and carrying moderately heavy objects or supplies. • Seeing to read a variety of materials.
• Bending at the waist, kneeling or crouching to file materials.
Hazards:
• Contact with dissatisfied or abusive individuals.
• Potential exposure to hazardous chemicals, fumes, odors or gases. • Contact with blood and other body fluids.
• Exposure to controlled substances.
• Exposure to firearms and other weapons.
The information contained in this job description is for compliance with the Americans with Disabilities Act (A.D.A.) and is not an exhaustive list of the duties performed.
Exhibit "B"
Approved by Council on 11/19/2024
Updated/Approved by Council on 2/4/2025
CLASSIFICATION Bargaining Group Type A B C D E F
Hourly 18.25 19.16 20.12 21.13 22.18 23.29
Monthly 3,163.34 3,321.50 3,487.58 3,661.96 3,845.06 4,037.31 Annually 37,960.06 39,858.06 41,850.96 43,943.51 46,140.69 48,447.72 Hourly 29.37 30.84 32.38 34.00 35.70
Monthly 5,090.49 5,345.02 5,612.27 5,892.88 6,187.53
Annually 61,085.94 64,140.24 67,347.25 70,714.61 74,250.34 Hourly 33.99 35.69 37.48 39.35 41.32
Monthly 5,892.38 6,187.00 6,496.35 6,821.17 7,162.22
Annually 70,708.55 74,243.98 77,956.17 81,853.98 85,946.68 Hourly 21.69 22.77 23.91 25.11 26.36 27.68
Monthly 3,759.05 3,947.00 4,144.35 4,351.57 4,569.14 4,797.60 Annually 45,108.56 47,363.99 49,732.18 52,218.79 54,829.73 57,571.22 Hourly 25.77 27.06 28.41 29.83 31.33 32.89
Monthly 4,467.24 4,690.60 4,925.13 5,171.39 5,429.96 5,701.46 Annually 53,606.87 56,287.22 59,101.58 62,056.65 65,159.49 68,417.46 Hourly 25.77 27.06 28.41 29.83 31.33 32.89
Monthly 4,467.24 4,690.60 4,925.13 5,171.39 5,429.96 5,701.46 Annually 53,606.87 56,287.22 59,101.58 62,056.65 65,159.49 68,417.46 Hourly 22.23 23.34 24.51 25.73 27.02 28.37
Monthly 3,853.17 4,045.82 4,248.12 4,460.52 4,683.55 4,917.72 Annually 46,237.99 48,549.89 50,977.39 53,526.26 56,202.57 59,012.70 Hourly 31.36 32.93 34.58 36.31 38.12
Monthly 5,436.34 5,708.16 5,993.57 6,293.24 6,607.91
Annually 65,236.09 68,497.89 71,922.79 75,518.93 79,294.88 Hourly 24.05 25.25 26.52 27.84 29.23
Monthly 4,168.75 4,377.19 4,596.05 4,825.85 5,067.14
Annually 50,025.00 52,526.25 55,152.56 57,910.19 60,805.70 Assistant to the City Manager/Deputy City Clerk Mgmt./Confidential Hourly 44.20 46.41 48.73 51.17 53.73 Monthly 7,661.33 8,044.40 8,446.62 8,868.95 9,312.40
Annually 91,936.00 96,532.80 101,359.44 106,427.41 111,748.78 Hourly 20.56 21.59 22.67 23.81 25.00
Monthly 3,564.48 3,742.70 3,929.84 4,126.33 4,332.65
Annually 42,773.76 44,912.45 47,158.07 49,515.97 51,991.77 Hourly 64.53 67.76 71.15 74.71 78.44
Monthly 11,185.89 11,745.18 12,332.44 12,949.07 13,596.52 Annually 134,230.68 140,942.21 147,989.32 155,388.79 163,158.23 Hourly
Monthly 100.00
Annually
Hourly
Monthly 300.00
Annually
Hourly 72.30 76.10 80.11 84.32 88.76
Monthly 12,531.18 13,190.71 13,884.96 14,615.75 15,385.00 Annually 150,374.14 158,288.57 166,619.55 175,389.00 184,620.00 Hourly
Monthly 60.00
Annually
Hourly 25.91 27.20 28.56 29.99 31.49
Monthly 4,490.47 4,714.99 4,950.74 5,198.28 5,458.19
Annually 53,885.64 56,579.93 59,408.92 62,379.37 65,498.34 Hourly 54.49 57.21 60.07 63.08 66.23
Monthly 9,444.58 9,916.81 10,412.65 10,933.28 11,479.95 Annually 113,334.95 119,001.70 124,951.78 131,199.37 137,759.34 Hourly 27.04 28.39 29.81 31.30 32.86
Monthly 4,686.18 4,920.49 5,166.51 5,424.84 5,696.08
Annually 56,234.15 59,045.86 61,998.15 65,098.06 68,352.96 Hourly 19.57 20.55 21.58 22.66 23.79
Monthly 3,392.92 3,562.57 3,740.69 3,927.73 4,124.12
Annually 40,715.04 42,750.79 44,888.33 47,132.75 49,489.39 Hourly 16.64 17.47 18.35 19.26 20.23
Monthly 2,884.27 3,028.48 3,179.90 3,338.90 3,505.84
Annually 34,611.20 36,341.76 38,158.85 40,066.79 42,070.13 Hourly 19.09 20.04 21.04 22.10 23.20
Monthly 3,308.56 3,473.98 3,647.68 3,830.07 4,021.57
Annually 39,702.67 41,687.80 43,772.19 45,960.80 48,258.84 Hourly 52.79 55.43 58.20 61.11 64.16
Monthly 9,149.87 9,607.37 10,087.74 10,592.12 11,121.73 Annually 109,798.48 115,288.40 121,052.82 127,105.46 133,460.73 Hourly 28.07 29.48 30.95 32.50 34.12
Monthly 4,866.22 5,109.53 5,365.01 5,633.26 5,914.92
Annually 58,394.63 61,314.36 64,380.08 67,599.09 70,979.04 Hourly 59.72 62.70 65.84 69.13 72.59
Monthly 10,350.83 10,868.37 11,411.79 11,982.38 12,581.50 Annually 124,209.96 130,420.46 136,941.48 143,788.56 150,977.99 Hourly 33.21 34.88 36.62 38.45 40.37
Monthly 5,757.19 6,045.04 6,347.30 6,664.66 6,997.89
Annually 69,086.22 72,540.53 76,167.56 79,975.94 83,974.73 Account Clerk Clerical
Accountant I Mgmt./Confidential
Administrative Analyst PW Clerical
Administrative Assistant Clerical
Administrative Services Manager Mgmt./Confidential
Accountant II Mgmt./Confidential
Accounting Technician Clerical
Administrative Analyst Clerical
City Clerk Elected
City Council Elected
City Manager Unrepresented
Assistant Planner Unrepresented
Building Official Unrepresented
Chief of Police Unrepresented
Communications/Records Manager Mgmt./Confidential
Community Service Officer Unrepresented
Custodian I AFSCME/Public Works
City Treasurer Elected
Code Compliance Officer LPOA
Community Development Director Mgmt./Confidential
Finance Director/Assistant City Manager Unrepresented
Human Resources Coordinator Mgmt./Confidential
Custodian II AFSCME/Public Works
Director of Public Works Unrepresented
Executive Assistant to the City Manager Mgmt./Confidential
COMPREHENSIVE PAY SCHEDULE
Effective July 1, 2024
- - - - -
-
~
■
Hourly 26.32 27.64 29.02 30.47 31.99
Monthly 4,562.27 4,790.38 5,029.90 5,281.39 5,545.46
Annually 54,747.19 57,484.55 60,358.78 63,376.72 66,545.55 Hourly 26.32 27.64 29.02 30.47 31.99
Monthly 4,562.27 4,790.38 5,029.90 5,281.39 5,545.46
Annually 54,747.19 57,484.55 60,358.78 63,376.72 66,545.55 Hourly 25.10 26.36 27.68 29.06 30.51
Monthly 4,351.41 4,568.98 4,797.43 5,037.31 5,289.17
Annually 52,216.97 54,827.81 57,569.20 60,447.66 63,470.05 Hourly 20.11 21.11 22.17 23.28 24.44
Monthly 3,485.45 3,659.72 3,842.71 4,034.84 4,236.59
Annually 41,825.39 43,916.66 46,112.50 48,418.12 50,839.03 Hourly 23.28 24.45 25.67 26.95 28.30
Monthly 4,035.53 4,237.31 4,449.17 4,671.63 4,905.21
Annually 48,426.37 50,847.69 53,390.07 56,059.58 58,862.55 Hourly 16.64 17.47 18.35 19.26 20.23 21.24
Monthly 2,884.27 3,028.48 3,179.90 3,338.90 3,505.84 3,681.14 Annually 34,611.20 36,341.76 38,158.85 40,066.79 42,070.13 44,173.64 Hourly 62.27 65.38 68.65 72.08 75.68
Monthly 10,792.73 11,332.37 11,898.99 12,493.94 13,118.63 Annually 129,512.80 135,988.44 142,787.86 149,927.26 157,423.62 Hourly 38.04 39.94 41.94 44.04 46.24
Monthly 6,593.93 6,923.63 7,269.81 7,633.30 8,014.97
Annually 79,127.21 83,083.58 87,237.75 91,599.64 96,179.62 Hourly 36.13 37.94 39.84 41.83 43.92
Monthly 6,263.38 6,576.55 6,905.38 7,250.65 7,613.18
Annually 75,160.59 78,918.62 82,864.55 87,007.77 91,358.16 Hourly 37.96 39.86 41.85 43.95 46.14
Monthly 6,580.22 6,909.23 7,254.69 7,617.43 7,998.30
Annually 78,962.65 82,910.78 87,056.32 91,409.13 95,979.59 Hourly 21.05 22.10 23.21 24.37 25.58
Monthly 3,648.30 3,830.72 4,022.25 4,223.36 4,434.53
Annually 43,779.61 45,968.59 48,267.02 50,680.37 53,214.39 Hourly 18.80 19.74 20.73 21.77 22.86
Monthly 3,259.24 3,422.20 3,593.31 3,772.98 3,961.63
Annually 39,110.90 41,066.45 43,119.77 45,275.76 47,539.55 Hourly 28.31 29.73 31.21 32.78 34.41
Monthly 4,907.50 5,152.88 5,410.52 5,681.05 5,965.10
Annually 58,890.00 61,834.50 64,926.23 68,172.54 71,581.17 Hourly 29.74 31.23 32.79 34.43 36.15
Monthly 5,155.61 5,413.39 5,684.06 5,968.27 6,266.68
Annually 61,867.35 64,960.72 68,208.76 71,619.19 75,200.15 Hourly 18.62 19.55 20.53 21.56 22.64
Monthly 3,227.79 3,389.18 3,558.64 3,736.57 3,923.40
Annually 38,733.49 40,670.17 42,703.67 44,838.86 47,080.80 Hourly 17.16 18.02 18.92 19.86 20.86
Monthly 2,974.40 3,123.12 3,279.28 3,443.24 3,615.40
Annually 35,692.80 37,477.44 39,351.31 41,318.88 43,384.82 Hourly 46.44 48.76 51.20 53.76 56.45
Monthly 8,049.38 8,451.85 8,874.44 9,318.16 9,784.07
Annually 96,592.52 101,422.15 106,493.25 111,817.92 117,408.81 Hourly 48.79 51.23 53.79 56.48 59.30
Monthly 8,456.22 8,879.03 9,322.98 9,789.13 10,278.59
Annually 101,474.65 106,548.38 111,875.80 117,469.59 123,343.07 Police Support Operations Manager Hourly 51.72 54.30 57.02 59.87 62.86 Mgmt./Confidential Monthly 8,964.19 9,412.40 9,883.01 10,377.17 10,896.02 Annually 107,570.23 112,948.74 118,596.18 124,525.99 130,752.29 Hourly 21.05 22.10 23.21 24.37 25.58
Monthly 3,648.30 3,830.72 4,022.25 4,223.36 4,434.53
Annually 43,779.61 45,968.59 48,267.02 50,680.37 53,214.39 Hourly 26.38 27.70 29.08 30.53 32.06
Monthly 4,571.88 4,800.48 5,040.50 5,292.53 5,557.15
Annually 54,862.59 57,605.72 60,486.00 63,510.30 66,685.82 Hourly 29.37 30.84 32.38 34.00 35.70
Monthly 5,091.23 5,345.80 5,613.09 5,893.74 6,188.43
Annually 61,094.80 64,149.54 67,357.02 70,724.87 74,261.12 Hourly 31.52 33.10 34.75 36.49 38.32
Monthly 5,463.98 5,737.18 6,024.04 6,325.25 6,641.51
Annually 65,567.82 68,846.21 72,288.52 75,902.94 79,698.09 Hourly 30.75 32.29 33.90 35.60 37.38
Monthly 5,329.89 5,596.38 5,876.20 6,170.01 6,478.51
Annually 63,958.62 67,156.55 70,514.38 74,040.10 77,742.11 Hourly 16.71 17.54 18.42 19.34 20.31 21.32
Monthly 2,895.64 3,040.42 3,192.44 3,352.06 3,519.67 3,695.65 Annually 34,747.67 36,485.05 38,309.31 40,224.77 42,236.01 44,347.81 Hourly 18.24 19.16 20.11 21.12 22.17 23.28
Monthly 3,162.19 3,320.30 3,486.31 3,660.63 3,843.66 4,035.85 Annually 37,946.28 39,843.60 41,835.78 43,927.57 46,123.94 48,430.14 Hourly 25.33 26.60 27.92 29.32 30.79
Monthly 4,390.31 4,609.82 4,840.31 5,082.33 5,336.45
Annually 52,683.70 55,317.88 58,083.78 60,987.97 64,037.37 Hourly 21.16 22.22 23.33 24.50 25.72 27.01
Monthly 3,668.37 3,851.79 4,044.38 4,246.60 4,458.93 4,681.87 Maintenance Worker I AFSCME/Public Works
Maintenance Worker II AFSCME/Public Works
Office Assistant I Clerical
Lead Maintenance Worker AFSCME/Public Works
Lead Parks/landscape Worker AFSCME/Public Works
Maintenance Mechanic AFSCME/Public Works
Police Corporal w/Degree LPOA
Police Dispatcher LPOA
Police Office Assistant II LPOA
Police Lieutenant Supervisory
Police Commander Supervisory
Police Corporal LPOA
Police Records Assistant LPOA
Police Sergeant Supervisory
Police Sergeant w/Degree Supervisory
Police Officer LPOA
Police Officer w/Degree LPOA
Police Public Assistant LPOA
Public Works Superintendent Mgmt./Confidential
Public Works Supervisor Water Division Mgmt./Confidential Recreation Coordinator Clerical
Public Services Officer LPOA
Public Works Lead AFSCME/Public Works
Public Works Street Supervisor Mgmt./Confidential
Recreation Specialist Clerical
Recreation Superintendent Mgmt./Confidential
Senior Account Clerk Clerical
Annually 44,020.44 46,221.46 48,532.54 50,959.16 53,507.12 56,182.48 Hourly 46.99 49.34 51.80 54.39 57.11
Monthly 8,144.61 8,551.84 8,979.43 9,428.40 9,899.82
Annually 97,735.32 102,622.09 107,753.19 113,140.85 118,797.89 Hourly 28.45 29.88 31.37 32.94 34.59 36.32
Monthly 4,932.10 5,178.70 5,437.64 5,709.52 5,995.00 6,294.75 Annually 59,185.18 62,144.44 65,251.66 68,514.25 71,939.96 75,536.96 Hourly 30.01 31.51 33.09 34.74 36.48 38.30
Monthly 5,201.83 5,461.92 5,735.02 6,021.77 6,322.86 6,639.00 Annually 62,421.98 65,543.08 68,820.23 72,261.24 75,874.31 79,668.02 Hourly 16.64 17.47 18.35 19.26 20.23 21.24
Monthly 2,884.27 3,028.48 3,179.90 3,338.90 3,505.84 3,681.14 Annually 34,611.20 36,341.76 38,158.85 40,066.79 42,070.13 44,173.64 Hourly 35.95 37.75 39.63 41.61 43.70
Monthly 6,231.08 6,542.63 6,869.76 7,213.25 7,573.92
Annually 74,772.95 78,511.60 82,437.18 86,559.03 90,886.99 Hourly 21.64 22.72 23.85 25.05 26.30
Monthly 3,750.24 3,937.75 4,134.64 4,341.37 4,558.44
Annually 45,002.87 47,253.01 49,615.66 52,096.45 54,701.27 Hourly 22.74 23.87 25.07 26.32 27.64
Monthly 3,941.16 4,138.22 4,345.13 4,562.39 4,790.51
Annually 47,293.92 49,658.62 52,141.55 54,748.63 57,486.06 Hourly 25.10 26.36 27.68 29.06 30.51
Monthly 4,351.41 4,568.98 4,797.43 5,037.31 5,289.17
Annually 52,216.97 54,827.81 57,569.20 60,447.66 63,470.05 Hourly 30.52 32.05 33.65 35.33 37.10
Monthly 5,290.11 5,554.62 5,832.35 6,123.96 6,430.16
Annually 63,481.32 66,655.39 69,988.15 73,487.56 77,161.94 Hourly 34.60 36.33 38.15 40.06 42.06
Monthly 5,998.11 6,298.02 6,612.92 6,943.56 7,290.74
Annually 71,977.32 75,576.18 79,354.99 83,322.74 87,488.88 Hourly 38.75 40.69 42.72 44.86 47.10
Monthly 6,716.34 7,052.15 7,404.76 7,775.00 8,163.75
Annually 80,596.05 84,625.85 88,857.14 93,300.00 97,965.00 Hourly 40.95 42.99 45.14 47.40 49.77
Monthly 7,097.50 7,452.37 7,824.99 8,216.24 8,627.05
Annually 85,169.95 89,428.45 93,899.87 98,594.86 103,524.60 Transitional Phase for Water/Wastewater Operators
Hourly 25.07 26.33 27.64 29.02 30.47 32.00
Monthly 4,345.73 4,563.02 4,791.17 5,030.73 5,282.26 5,546.38 Annually 52,148.78 54,756.22 57,494.03 60,368.73 63,387.17 66,556.52 * Degree includes: AA, BA, Intermediate or Advanced Post Certificates. No compounding for multiple degrees or certificates as stated in the MOU's.
Classification of Office Assistant I, Office Assistant II, Administrative Assistant, Recreation Specialist, Recreation Coordinator, Administrative Analyst and Sr. Administrative Analyst positions are not specific to one department. Their positions can be used in any of the City's various departments and/or may be used by multiple departments as determined by the City Manager.
Positions are filled on a full-time or part-time basis as determined by the City Manager.
CLASSIFICATION STEP
A B C D E
Administrative Analyst 19.38 20.35 21.37 22.44 23.56
Administrative Assistant 16.72 17.55 18.43 19.35 20.32
Building Maintenance Worker 16.50 17.33 18.19 19.10 20.06 Grants Analyst 26.00 27.30 28.67 30.10 31.60
Lifeguard 16.50 17.50 18.38 19.29 20.26
Maintenance Worker I 16.50 17.33 18.19 19.10 20.06
Office Assistant I 16.50 17.33 18.19 19.10 20.06
Office Assistant II 16.50 17.33 18.19 19.10 20.06
Police Dispatcher 17.05 17.90 18.79 19.73 20.72
Police Records Assistant 16.50 17.33 18.19 19.10 20.06
Recreation Leader 16.50 17.33 18.19 19.10 20.06
Recreation Specialist 16.50 17.33 18.19 19.10 20.06
Reserve Police Officer 25.75 27.04 28.39 29.81 31.30
Sr. Administrative Analyst 21.40 22.47 23.60 24.78 26.02 *Part-Time Classifications State Minimum Wage Increase are effective 1/1/2025 Approved Revision by Council on 1/21/2025 - Added ATCM removed Executive Assistant/Deputy City Clerk
1.30.2025 - Adding 4% to SEA/LPOA Classifications - Approved 2/4/2025 Mgmt./Confidential
Senior Administrative Analyst Clerical
Senior Administrative Analyst/Comm. Develop. Clerical
Senior Account Clerk Clerical
Water/Wastewater Operator OIT (in training) AFSCME/Public Works
PART-TIME COMPREHENSIVE PAY SCHEDULE
Water/Wastewater Operator II AFSCME/Public Works
Water/Wastewater Operator III AFSCME/Public Works
Water/Wastewater Manager Mgmt./Confidential
Utility Worker I AFSCME/Public Works
Utility Worker II AFSCME/Public Works
Water/Wastewater Operator I AFSCME/Public Works
Senior Office Assistant Clerical
Senior Planner Mgmt./Confidential
Street Sweeper Operator AFSCME/Public Works
Senior Accountant
Exhibit “C”
AMENDMENT TO MEMORANDUM OF UNDERSTANDING
Management and Confidential MOU is hereby amended to include the list of classifications identified below removing Administrative Services Manager and adding Police Support Operations Manager.
SECTION 1. RECOGNITION
1.1 Employee Recognition
It is recognized that within the various departments of the City, there are employees that are classified as Confidential and Management employees. It is further recognized that due to the diversity of the job descriptions within the Confidential and Management classifications, the employees who are presently labeled as Confidential and Management, need further descriptive terminology, so that they shall be classified appropriately.
The classification of the Confidential and Management employees shall include the following:
Management: Accountant
Commander
Community Development Director
Public Works Superintendent
Public Works Technician
Recreation Superintendent
Street Supervisor
Water Supervisor
Confidential: Communications / Records Manager
Administrative Services Manager
Police Support Operations Manager
Assistant to the City Manager/Deputy City Clerk
Senior Accountant
Human Resources Coordinator
Administrative Services Manager Salary Survey Exhibit D City Population Appointed or Elected Type Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 City of Los Banos 46,398
Police Services Manager Appointed
Effective Salary Date: 08/16/2024 Hourly $ 44.76 $ 47.00 $ 49.35 $ 51.82 $ 54.41 $ 57.13 Monthly $ 7,759.00 $ 8,147.00 $ 8,554.00 $ 8,982.00 $ 9,431.00 $ 9,903.00 Annually $ 93,108.00 $ 97,764.00 $ 102,648.00 $ 107,784.00 $ 113,172.00 $ 118,836.00 Town of Truckee 17,039
Executive Assistant to the COP Appointed
Effective Salary Date: 07/22/2024 Hourly $ 33.38 $ 39.22 $ 41.72 $ 45.06 Monthly $ 5,785.87 $ 6,798.13 $ 7,231.47 $ 7,810.40
Annually $ 69,430.40 $ 81,577.60 $ 86,777.60 $ 93,724.80 Police Support Services Supervisor Appointed
Effective Salary Date: 07/22/2024 Hourly $ 38.63 $ 45.42 $ 48.29 $ 52.15 Monthly $ 6,695.87 $ 7,872.80 $ 8,370.27 $ 9,039.33
Annually $ 80,350.40 $ 94,473.60 $ 100,443.20 $ 108,472.00 Police Administrative Manager Appointed
Effective Salary Date: 07/22/2024 Hourly $ 55.54 $ 65.27 $ 69.43 $ 74.87 Monthly $ 9,627.74 $ 11,312.62 $ 12,034.68 $ 12,977.46
Annually $ 115,532.88 $ 135,751.44 $ 144,416.16 $ 155,729.52 City of Turlock 72,740
Police Support Operations Manager Appointed
Effective Salary Date: 07/01/2024 Hourly $ 61.57 $ 64.65 $ 67.89 $ 71.27 $ 74.84 Monthly $ 10,672.00 $ 11,206.00 $ 11,767.00 $ 12,354.00 $ 12,973.00 Annually $ 128,064.00 $ 134,472.00 $ 141,204.00 $ 148,248.00 $ 155,676.00 Exec Admin Assistant/Public Safety Appointed
Effective Salary Date: 07/01/2024 Hourly $ 39.51 $ 41.49 $ 43.56 $ 45.74 $ 48.03 Monthly $ 6,849.00 $ 7,192.00 $ 7,551.00 $ 7,928.00 $ 8,325.00 Annually $ 82,188.00 $ 86,304.00 $ 90,612.00 $ 95,136.00 $ 99,900.00 Police Business Unit Supervisor Appointed
Effective Salary Date: 07/01/2024 Hourly $ 36.20 $ 38.01 $ 39.91 $ 41.91 $ 44.00 Monthly $ 6,274.00 $ 6,588.00 $ 6,917.00 $ 7,264.00 $ 7,627.00 Annually $ 75,288.00 $ 79,056.00 $ 83,004.00 $ 87,168.00 $ 91,524.00 City of El Segundo 17,272
Senior Management Analyst Appointed
Effective Salary Date: 08/15/2023 Hourly $ 44.98 $ 47.23 $ 49.59 $ 52.07 57.21 Monthly $ 7,796.33 $ 8,186.53 $ 8,595.60 $ 9,025.47 9916.94 Annually $ 93,555.96 $ 98,238.40 $ 103,147.20 $ 108,305.60 119003.23 City of Lathrop 28,701
Police Services Manager Appointed
Effective Salary Date: 07/06/2024 Hourly $ 45.20 $ 47.46 $ 49.83 $ 52.32 $ 54.94 Monthly $ 7,834.00 $ 8,226.00 $ 8,637.00 $ 9,069.00 $ 9,522.00 Annually $ 94,006.00 $ 98,707.00 $ 103,641.00 $ 108,824.00 $ 114,265.00 City of Oakdale 23,045
Police Services Coordinator Appointed
Effective Salary Date: 07/01/2025 Hourly $ 34.99 $ 36.66 $ 38.38 $ 40.21 $ 42.17 Monthly $ 6,065.34 $ 6,354.39 $ 6,653.26 $ 6,970.08 $ 7,309.76 Annually $ 72,784.08 $ 76,252.68 $ 79,839.12 $ 83,640.96 $ 87,717.12 Executive Secretary Appointed
Effective Salary Date: 07/01/2025 Hourly $ 40.52 $ 41.96 $ 43.47 $ 45.05 $ 46.71 Monthly $ 7,023.76 $ 7,273.71 $ 7,535.63 $ 7,808.01 $ 8,096.87 Annually $ 84,285.12 $ 87,284.52 $ 90,427.56 $ 93,696.12 $ 97,162.44 Monthly $ 6,544.55 $ 6,814.05 $ 7,094.45 $ 7,389.05 $ 7,703.32 Annually $ 78,534.60 $ 81,768.60 $ 85,133.40 $ 88,668.60 $ 92,439.84 City of Tracy 94,740
Police Support Operations Manager Appointed
Effective Salary Date: 1/12/2025 Hourly $ 74.98 $ 78.73 $ 82.67 $ 86.80 $ 91.14 Monthly $ 12,996.53 $ 13,646.38 $ 14,328.67 $ 15,045.10 $ 15,797.36 Annually $ 155,958.40 $ 163,756.58 $ 171,943.98 $ 180,541.14 $ 189,568.34 City of Livingston 14,782
Administrative Services Manager Appointed
Effective Salary Date: 07/01/2024 Hourly $ 31.36 $ 32.93 $ 34.58 $ 36.31 $ 38.12 Monthly $ 5,436.34 $ 5,708.16 $ 5,993.57 $ 6,293.24 $ 6,607.91 Annually $ 65,236.09 $ 68,497.89 $ 71,922.79 $ 75,518.93 $ 79,294.88 Proposed Salary Range A B C D E
Police Support Operations Manager Hourly $ 51.72 $ 54.30 $ 57.02 $ 59.87 $ 62.86 W/5% spread Monthly $ 8,964.19 $ 9,412.40 $ 9,883.01 $ 10,377.17 $ 10,896.02 Annually $ 107,570.23 $ 112,948.74 $ 118,596.18 $ 124,525.99 $ 130,752.29 Difference in Cost Current Step A Proposed Step A Difference in Cost Difference by % Current Step B Proposed Step B Difference in Cost Difference by % Current Step C Proposed Step C Difference in Cost Difference by % Current Step D Proposed Step D Difference in Cost Difference by % Current Step E Proposed Step E Difference in Cost Difference by % Hourly $ 31.36 $ 51.72 $ 20.36 39% $ 32.93 $ 54.30 $ 21.37 39% $ 34.58 $ 57.02 $ 22.44 39% $ 36.31 $ 59.87 $ 23.56 39% $ 38.12 $ 62.86 $ 24.74 39% Monthly $ 5,436.34 $ 8,964.19 $ 3,527.85 39% $ 5,708.16 $ 9,412.40 $ 3,704.24 39% $ 5,993.57 $ 9,883.01 $ 3,889.44 39% $ 6,293.24 $ 10,377.17 $ 4,083.93 39% $ 6,607.91 $ 10,896.02 $ 4,288.11 39% Annually $ 65,236.09 $ 107,570.23 $ 42,334.14 39% $ 68,497.89 $ 112,948.74 $ 44,450.85 39% $ 71,922.79 $ 118,596.18 $ 46,673.39 39% $ 75,518.93 $ 124,525.99 $ 49,007.06 39% $ 79,294.88 $ 130,752.29 $ 51,457.41 39%
1 STAFF REPORT
AGENDA ITEM: City of Livingston Housing Element Annual Progress Report for Calendar Year 2024
MEETING DATE: March 18, 2024
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Happy Bains, Finance Director/ Assistant City Manager RECOMMENDATION:
Adopt a Resolution of the City Council of the City of Livingston accepting the Housing Element Annual Progress Report for Calendar Year 2024 and direct staff to submit the report to the California Department of Housing and Community Development and the Governor’s Office of Planning and Research.
BACKGROUND AND DISCUSSION:
Each year, California cities are required to prepare an annual progress report on the status of implementing the General Plan Housing Element and submit the report to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR). Using a form provided by HCD, the annual progress report provides a snapshot of housing unit production across affordability levels, development applications received and processed during the reporting year, affordable housing production, and provide an update on housing program implementation. Pursuant to California Government Code Section 65400, the City is required to submit the annual progress report to HCD and OPR by April 1st of each year. There is an allowance of up to 60 days following the April 1st deadline to submit the report.
City Council (Council) adopted its 2016-2024 Housing Element on June 21, 2016, and subsequently received certification by HCD on July 11, 2016. The Housing Element is 1 of 7 mandated Elements of the General Plan and includes information related to the City’s existing housing needs, an analysis of the City’s population and employment trends, household characteristics, an inventory of land suitable for residential development and programs and implementation measures.
The Housing Element is required to identify sites to accommodate its Regional Housing Needs Allocation (RHNA), as determined by HCD and the Merced County Association of Governments (MCAG). In summary, the RHNA process allocates the State of California’s future housing needs to each County throughout the State. The State of California requires HCD to identify housing needs for each region in response to projected population and household growth. State law further mandates that each Council of Governments (COG), in this case, MCAG, distribute the RHNA to each jurisdiction within the COG’s region. In turn, the City, in its Housing Element, identified a number of sites that could accommodate the City’s fair share of the RHNA, in all income categories (e.g., very-low-, low-, moderate-, and above-moderate).
The purpose of the annual report is to provide the City Council and the State Departments (HCD and OPR) progress on the City’s effectiveness in implementing the Housing Element’s programs
2 and meeting the City’s fair share in the RHNA (as discussed below). The annual progress report forms provided by HCD require the following information:
Status of the plan and progress in its implementation. Progress in meeting its share of the locally adopted Regional Housing Needs Allocation. The number of housing development applications received in the prior year. The number of units included in all development applications in the prior year. The number of units approved and disapproved in the prior year. List of sites rezoned to accommodate that portion of the City’s share of the regional housing need for each income level.
Number of new net units of housing, including both rental and for-sale housing, which have been issued an entitlement, a building permit, or a certificate of occupancy. Locally owned lands included in the Housing Element that have been sold, leased, or disposed of.
Staff has prepared the 2024 Livingston Housing Element Annual Progress Report, included in Attachment 2 of this Staff Report. Some highlights of the 2024 calendar year include:
Development Application Processed
The City received and processed one entitlement application requests for new housing in 2024:
SPDR 2024-01, GPA 2024-1 and REZ 2024-01 for F Street Apartments.
A request from Hardeep Sidhu to develop four 2-story residential structures totaling approximately 19,400 square feet consisting of twenty multi-family dwellings. The four buildings consist of two six-unit apartments and two four-unit apartments. Each dwelling will consist of 2-bedrooms and one bath. As the City has been evaluating its water capacity to serve existing services, entitled applications and new development applications, the entitlement applications have not proceeded forward to the Planning Commission and City Council.
New Home Construction
The City of Livingston issued building permits for five residential units in 2024 for the following:
1 Accessory Dwelling Unit
4 Mobile Homes
No building permits were issued or very low- or low-income categories. Of the 5 building permits issued, all units were issued a certificate of occupancy.
3 Table B
Reaional Housina Needs Allocation Proaress
Permitted Units Issued bv AffordabiJitv
Proieclion
1 Period 2 3 4
RHNA Proiection Total Units Total
Income Lewel Allocation b, Period- 2024 2025 2026 2027 2028 2029 2030 2031 2032 to Date Remaining Income Level 06/30/2023 (all ,ears) nHNAb,.
01/30/2024 Income Level
Deed Restricted 311 - - - - - - - - - - - 311 Verulow Non-O?ed - - - - - - - - - - Deed Restricted 213 - - - - - - - - - - 4 209 Low Non-O?ed - 4 - - - - - - - - Deed Restricted 169 - - - - - - - - - - - 169 Moderate Non-O?ed - - - - - - - - - - Moderate 404 4 - - - - - - - - - 4 400 TotalRHNA 1,097
Total Units 41 41 - - I - I - - I - - - I 8 1.089
Pronress toward extremelu low-income housinn need .. as deter•ined nursuant to Government Code 65583(a)(1). 5 6 7
Extremely lov- 2024 2025 2026 2027 2028 2029 2030 2031 2032 Total Units Total Units Income Need to Date Remaininn
I
t.,,uemely Low-lnoome Unit::; • 1~0 - - - - - - - - - - I I
4 Progress Toward Meeting RHNA
As illustrated in Table B of the HCD Forms below on the preceding page and included in Exhibit A of Attachment 1 of this Staff Report, the City has issued 5 building permits for residential development since 2024. Table B illustrates the City’s RHNA by Income Level and progress toward meeting RHNA.
Progress Toward Meeting the Housing Element Implementation Programs Table D of the HCD Forms included in Exhibit B of Attachment 1 of this Staff Report provides a progress report on each implementation program identified in the City’s Housing Element.
ISSUES:
Staff did not identify any issues with this report.
FISCAL IMPACT:
No fiscal impact.
ENVIRONMENTAL REVIEW:
The Housing Element Annual Progress Report for Calendar Year 2023 is not considered a project as prescribed by the California Environmental Quality Act (CEQA). No environmental review is necessary for this item.
PLANNING COMMISSION ACTION AND RECOMMENDATION:
The Planning Commission (Commission) considered the Housing Element Annual Progress Report for Calendar Year 2024 at their regular scheduled meeting on Marcj11, 2025.
RECOMMENDATION:
Staff recommends the Council adopt a Resolution accepting the Housing Element Annual Progress Report for Calendar Year 2024 and direct staff to transmit the report to the California Department of Housing and Community Development and the Governor’s Office of Planning and Research
ATTACHMENTS:
1. City Council Resolution Adopting the Housing Element Annual Progress Report for Calendar Year 2024.
Exhibit A - Table B, Regional Housing Needs Allocation Progress & Permitted Units Issued by Affordability
Exhibit B – Table D, Program Implementation Status Pursuant to GC Section 65583
RESOLUTION NO. 2025- ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON TO RECEIVE AND
ACCEPT THE HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2024 AND DIRECT STAFF TO SUBMIT THE REPORT TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND THE GOVERNOR’S
OFFICE OF PLANNING AND RESEARCH
WHEREAS, California Government Code Section 65400(2), requires the planning agency to provide an annual report to the City Council, the State Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR) regarding the progress toward implementing the housing element of the general plan; and WHEREAS, planning staff has prepared an annual progress report for the calendar year 2024, utilizing the prescribed forms and instructions provided by HCD; and WHEREAS, the Annual Progress Report includes information about the City’s progress in meeting its Regional Housing Needs Allocation (RHNA) and efforts to remove governmental constraints on the development of housing; and
WHEREAS, the Planning Commission of the City of Livingston (Commission) held a regular meeting on March 11, 2025, to consider and accept the Housing Element Annual Progress Report for Calendar Year 2024; and
WHEREAS, the Council considered the Annual Progress Report at a public meeting where members of the public were allowed to provide written comments and oral testimony; and WHEREAS, the Council has reviewed all written evidence and oral testimony presented in connection with the Housing Element Progress Report for Calendar Year 2024.
NOW, THEREFORE, BE IT RESOLVED by the Council that it hereby receives and accepts the Housing Element Annual Progress Report for Calendar Year 2024 referenced and incorporated herein as “Exhibit A” and “Exhibit B” and authorizes City staff to submit the Annual Progress Report to the California Department of Housing and Community Development and the Governor’s Office of Planning and Research.
I hereby certify that the foregoing Resolution 2025-_____ is full, true, and correct copy of a resolution duly passed and passed and adopted by the City Council of the City of Livingston at a regular meeting duly held on the 18th day of March 2025, by the vote recorded as follows:
-
-
AYES:
NOES:
ABSTAIN:
ABSENT:
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
_____________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
_______________________________
Roy C. Santos, City Attorney
Jurtsdlc:tlon Livingslon
Repo,11119 YMi' 2024 (J811. 1 • Dec. 31)
Planning Period 6th Cycle- 01/31/2024 • 01/31/2032
1 Income l.ewl RHNA Alloc«tlofl
by Income Level
Deed ReslrictBd 311 VArvlow Non-Deed Restrided
Deed Restridecl 213 Low Non-Deed Reabieled
Deed Restridecl 169 Moderate Non-Deed Restricted
Above Moderate AnA
Toi.al RHNA 1"""
Total Uni1s
ExtNmely ' lowIncome Need
r Extrenwv Low-Income Units" 156
Projecflon
Period
Projection
Ptorlod . 2024 Dll30/2023-
01/3CW202'
.
. . . 4
. . .
4 41 41
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table B
Raalonal Houslna Needs Allocation P""'re&S
Permlttad Units Issued bv Affordabllltv
2 2025 2Q28 2U7 2028
.
. . . - -
. . - .
. I . • I
.
.
.
-
-
-
. I
This I.Ible Is auto-populated once )'OI.I enter your jlll18diction name and current year data. Past year information comes from previous APRs. - oontact HCC ff your - II dlf111rent than the matonal lupj)!lod ,,.,,. 3 TotalUnttato
2021 2030 2031 11132 Dllte(all
ye rs)
. . . . . . - 4 - - . . . . . - . - . 4
. I . I . I . I II
-,... -RI exn..,.tv low-Income houslJlo need •• determined IMll'IUSnl to Government C-...... ,.,.11. e I
2024 21121 2027 2028 20JI 2030 20S1 2032 Total Units to 2021 Dabt I
. . - . . - . • I
"E><tremety low-income housing need determined pur.,uant to Government Code 65:;113(8)(1 ) Value in Section 5 is delaull value assumed 10 be hatt of Ille very low-income RHNA. May be overwritten Please Note· Table B does nol currently contain data from Table For Table F2 for prior years You may 10<;1In to Ille APR system to see Table B lllat contains this data.
Exhibit A
4 Total Remaining
RHNAby
Income Level
311
208
189
400
1 on
7 Total Units
Remelnlna
11$
Note: units serving extremely low-,ncome households are included in Ille very low-income RHNA p,ogress and must be repol1ed as very low-income unils in section 7 or Table A2 They must also be repol1ed In the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting Ille e><tremely low-incomo housing need determined pursuant to Government Coda 65583{a)(1 ).
Please note For Ille last year ol Ille 5th cycle Table B v,.;11 only inelude units Illa! were permitted dunng the portion of Ille year lllat was ,n the 5th cycle For the first year of the 611> cycle Table S v,.;11 only ,nelude units that were permitted since the staf1 of the planning penod. PrOJ9C11on Penod units are In a separate column.
Please note· The APR fom, can only display data tor one planning period. To v,.,,, progress lo, a different planning penod you may login to HCO's online APR system or contact HCD staff at [email protected] VLI Deed Restricted
VLI Non Deed Reslricted
Jurisdiction
Reporting Year
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Livingston
2024-- - ·- {Jan. 1 - Dec. 31)
Table D
Program Implementation Status pursuant to GC Section 65583 Exhibit B
Housing Programs Progress Report I
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
1 2 3 4 I
Name of Program Objective Timeframe in H.E Status of Program Implementation ] #1. Housing Diversity: Use
a variety of incentives
incuding zoning and land
use controls, flexibile
development standards,
technical assistance, and
expedited processing to
promote affordable
housing or to promote a
range of housing types. Approval at least four developments that The City continues to process development applications efficiently and Encourage and support Ongoing encourage the use of Planned Development Zoning to provide flexibile the use of the City"s include a range of housing types development standards. - Planned Development - Process in the review and
consideration of new
housing projects. This
may include exceptions to
setbacks, clustering of
units and lol
configuration, lot size, and
lot coverage.
#2. Economic - Development: Continue to -
identify and promote
economic development
opportunities that bring Provide outreach annually additional employment for Continue outreach efforts to encourage This program is ongoing, and the City continues to outreach annually, City residences, including new businesses to locate in Livingston. subject to resource depending on resource availability, to industrial and commercial businesses to jobs paying a range of limitations. locate in Livingston. wages. Conduct targeted
outreach to businesses in
order to getthem to locate
in Livingston.
#3. Maintain Adequate
Sites; In order to ensure
that there are sufficient
site sto address the City's
share of the regional
housing need, the City will
monitor the existing
inventory of available land
and, if necessary, rezone
land within the existing
city limits or annex land
within its Sphere of
Influence (SOI). To ensure -
sufficient residential Maintain the existing inventory of vacant Develop and implement a capacity is maintained to sites suitable for residential sites and formal evaluation accommodate the RHNA, annex land, if necessary, to provide procedure pursuant to The City continues to maintain the Vacant Site Inventory that was developed as the City will develop and adequate sites for housing consistent Government Code Section part of the Housing Element update. implement a formal with the objectives identified in the 65863 by 2016. ongoing (project- Housing Element
byproject) evaluation
procedure pursuant to
Government Code Section
65863. Should an approval
a reduction of capacity
below the residential
capacity needed to
accommodate the
remaining need for lower
income households, the
City will identify and, if
necessarv, rezone
#4. Tax-Sharing
Agreement: Re-establish a
master tax-sharing
agreement with the County Complete a master tax-sharing in order to faciliate the agreement to facilitate future annexation 2017 Discussions continue with the County regarding the tax-sharing agreement. annexation of land within of land.
the City's SOI when sites
are needed to address
housing needs.
#5. Multi-Family Lot
Consolidation and Lot
Split Program: In order to
provide vacant parcels of
adequate size to
encourage affordable multi
family development,
encourage the
consolidation of adjacent - parcels zoned High
Density Residential (R-3)
or Downtown Commercial Encourage consolidated of similar R-3 Provide assistance to The City continues to encourage lot consolidation and lot splits in the R-3 zone. (DTC) and the splitting of zoned lots to make affordable multi- property owners as As development applications are submitted, City Staff staff reviews potential large R-3 zoned parcels. family development feasible. interest is received. opportunities that would allow the development of additional dwelling units.
This may include working
with property owners to
consolidate parcels,
coordinating with local
property owners to
support the development
of affordable multifamily
housing developments, or
working with developers
to identify suitable vacant
adjoining R-3 or OTC sites.
#6. Annual Reporting:
Review and report
annually on the
implementation of
Housing Element
programs and the City's
effectiveness in meeting
the program objectives for
the prior calendar year. Prepare annual report on progress Submit report to HCD The Housing Element Annual Report is prepared each year by City staff and Present the annual report toward Housing Element goals. annually in April. presented to the Planning Commission and City Council prior to transmitting to at a public hearing before HCDand QPR.
submitting the annual
report to the California
Department of Housing - and Community - Development (HCD) and the Office of Planning and
Research (QPR).
#7. Incentives for
Affordable Housing: Use a
variety of incentives
including zoning and land
use controls, flexible
development standards,
technical assistance,
reduced development fees - (see Program 16) and - expedited processing (see Program 20) to promote
affordable housing,
including housing that At least four developments during the Provide incentives and As applications for Affordable Housing are submitted to the City, staff will work meets the needs of special planning period. work with developers with developers to provide technical assistance, development incentives, and groups (e.g., seniors, interest is received. expedite processing procedures. persons with disabilities,
persons with
developmental disabilities,
farmworkers, large
households, and the
homeless). Work with
developers to identify sites
and potential funding
sources for the
development of affordable
housing and special needs
housing.
#8. First-Time Homebuyer
Program: Continue to
identify and apply for
funding in order to --
continue the City's first- -
The City discontinued to promotinge the First Time Homebuyer Program on the time homebuyer program Assist five households annually. Discountinued City's website and in-person, due to market constraints limiting the ability for to help lower-income homebuyers, including low-income households to qualify for mortgages. extremely low-, very low-,
and low-income, with
downpayment and closing
costs.
#9. Extremely Low-Income
Housing Development
Funding: Support
applications for funding
for the development of
extremely low-income
housing. Research Annual research of potential funding Support at least one extremely low- funding opportunities and City staff continues to support development of extremely low-income housing opportunities and reach and will assist developers in technical assistance to secure monies for the out to affordable housing income housing development. reach out to affordable development of such housing. developers on an annual housing developers.
basis to identify grants or
loans and provide
expedited processing of
applications for the
development of extremely
low-income housing.
#10. Farmworker Housing:
Support regional efforts,
such as those of the
Merced County Housing
Authority and other
organizations, to identify
sites, including sites Work with local non-profit developers to within the SOI, and secure secure funds for one farmworker Annually reach out to The City supports the Merced County Housing Authority to provide for funding for permanent and housing and provide assistance to two affordable developers. development of farmworker housing. seasonal farmworker housing. Provide farmworker housing.
assistance in the form of
reduced development
standards and/or fee
deferrals to developers of
affordable farmworker
housing.
#11. Section 8 Rental
Assistance: Encourage
new multifamily apartment
owners to participate in
the Housing Choice
(Section 8) Voucher
Program by accepting
vouchers at their Promote participation by new apartment Ongoing The City refers extremely low and very-low income households to the Merced complexes. Refer owners in Section 8 program. County Housing's Housing Choice Voucher Program. extremely low and very
low-income households
seeking rental assistance
to the Merced County
Housing Authority's
Housing Choice Voucher
Program.
#12. Housing Program
Information. Make
information on housing,
housing programs, and
housing assistance
available to all members of
the community, including
information on second
units and information on Provide information on housing Ongoing The City continues to provide information on the City website and in person. the availability of sites at programs and assistance to residents. the Monte Cristo Mobile
Home Park. Continue to
provide materials in both
Spanish and English.
Place information at a
public counter in City Hall,
and the City's website, and
at other public locations.
#13. Infrastructure
Improvements: Continue
to identify and apply for
loans and grants to
improve and upgrade City
infrastructure, such as the
water, sewer, storm
drainage, and circulation
system in order to meet Apply for at least one grant/loan. Target The City received grant funding for water line improvements and completed future residential, efforts toward expanding infrastructure Apply for CDBG funds at construction in 2019. The City continues to research grant opportunities for industrial, and commercial to support the development of multi- least biennually, starting in infrastructure funding. City staff shall continue to apply for CDBG funds at least demand. Give priority to family housing on vacant R-3 parcels. 2017. biennially. providing infrastructure to vacant R-3 parcels,
especially those in the
southeastern portion of
the city, as well as DTC
parcels in order to support
the development of
multifamily housing in
these areas.
#14. Impact Fee Program:
Periodically review and
update the City's impact
fees to ensure that they Review City fees to ensure that they are are consistent with the not a constraint to affordable Review fee schedule The City reviewed the Development Impact Fee Program biennially to ensure that City's costs to provide development. biennially, starting in 2018. the fees are consistent with the City's costs. these services and that
they do not act as a
constraint to residential
development.
#15. Provide Information
on Reasonable
Accommodation:
Consistent with the
Reasonable
Accommodation
provisions of City Code,
prepare a notice of
availability of reasonable
accommodation for
persons with disabilities, The City provides information related to Reasonable Accommodation as including developmental Promote reasonable accommodation 2017 requests are received. Information is provided in person when development disabilities, and display it procedures. proposals and applications are submitted. prominently at the public information counter in the
Planning and Building
Departments advising the
public of the availability of
the procedure. Make forms
for requesting reasonable
accommodation available
to the public in the
Planning and Building
Departments.
#16. Permitting Fees: As
appropriate and feasible,
waive, reduce or defer Waive, reduce or defer
permitting fees for new Waive, reduce or defer fees, and fees, and application As applications for Affordable Housing are submitted to the City, staff may housing developments in application requirements, for two requirements, for two consider the waiver of development impact fees for new housing developments the city City affordable to affordable housing projects. affordable housing affordable to extremely low-, very low-, and moderate-income households. extremely low-, very low-, projects.
and moderate-income
households.
#17. Remove CUP
Requirement in R-3 Zone:
The City shall amend the
Zoning Ordinance to
remove the Conditional
Use Permit requirement
for projects within the R-3 Remove the CUP requirement for multi- Zone District that consist family residential uses in the R-3 zone. 2018 This program, established in 2018, has not been accomplished. of 25 units or more or a
density of 24 units per
acre or more. The City
shall continue to require
site plan approval for
projects within the R-3
zone.
#18. Permit Streamlining:
Continue to encourage
applicants to meet for preapplication conferences to
address any issues before Reduce processing and permit times. Ongoing City staff continues to encourage developers to apply for a pre-application and the application is meet with City representatives to discuss proposed development. submitted. As funding
permits, hire additional
planning staff to handle
permit processing.
#19. Development
Handbook: Develop an
informational handbook
for developers interested
in building in Livingston.
The handbook should
include information on
permit processing
requirements, steps in the
process, and a schedule
of building and permitting Provide informational handbook to 2020, as funding permits The Development Handbook was developed in 2020. fees, among others. The developers. handbook should be
designed to provide
information, answer
typical questions, and
reduce confusion about
the permit process for
developers. Continue to
maintain and update
information on the City's
website.
#20. Expedited
Processing: Provide
expedited processing for
developments that contain
units that are affordable to
extremely low-, very-low-,
and low-income
households as well as Provide expedited processing for special needs groups, such as persons with affordable housing projects as well as Ongoing City sStaff continues to offer expedited application processing for projects as disabilities, including commercial and industrial projects that well as commercial and industrial developments. developmental disabilities. create high paying jobs for residents.
The City will also provide
expedited processing to
commercial and industrial
projects by businesses,
with will generate higher
paying jobs in the
community.
#21. Zoning for Special
Needs Housing: Amend
the Zoning Ordinance to:
allow residential care
facilities for more than 15
persons in appropriate Amend the Zoning Ordinance. 2017 The City amended it's Zoning Ordinance to allow for ADUs and JADUs in all zones in the cityCity; and residential and DTC districts. add a definition of singleroom occupancy (SRO)
and allow SROs in the
OTC zone.
#22. Conservation of
Affordable Housing:
Monitor affordable
multifamily housing
projects to help prevent
the conversion of
affordable units to market
rate. Work with non-profit
organizations and other Preserve 99 at-risk units. The City_ continues to monitor multi-family housing projects to help prevent the agencies to preserve the Ongoing conversion of affordable housing to market-rate. affordability of these units.
Ensure tenants are
properly noticed and
informed of their rights
and eligibility to obtain
special Section 8 vouchers
reserved for tenants of
converted HUD properties.
#23. Housing
Rehabilitation Program:
Continue to provide loans
to lower-income Provide rehabilitation and emergency households and special This program is not active due to the lack of HUD funding. The City currently needs groups, such as repair assistance to five lower-income Ongoing seniors and the disabled, owner and renter households annually. manages a portfolio of existing rehabilitation loans. for rehabilitation
assistance and emergency
housing repairs.
#24. Overcrowding
Reduction: Encourage
developers of both
affordable and marketrate housing to construct
housing units with three
or more bedrooms to
accommodate large
households and alleviate
overcrowding in Encourage two affordable developments City staff meets with prospective developers at pre-application conferences Livingston. Where and two market-rate rental where development proposals are presented to staff and staff is able to feasible, provide developments to include units with Ongoing encourage additional housing units and the development of housing units that incentives to developers can accommodate large families with 3 or more bedroom housing units as well who provide housing units three or more bedrooms.
as incorporating AOU's.
affordable to lower-income
households that have
three or more bedrooms.
Such incentives may
include, but are not limited
to flexible development
standards, fee deferrals,
density bonus, or
expedited processing.
#25.Code Enforcement:
Continue code
enforcement efforts to
identify substandard
housing and housing in
need of substantial Identify substandard housing or
rehabilitation. Provide housing with code violations and Ongoing The City continues code enforcement efforts to identify substandard housing information about the provide information on rehabilitation conditions.
City's rehabilitation program to eligible households.
program to low-income
and moderate-income
households with homes or
apartments in need of
repairs.
#26. Fair Housing
Services. Collaborate with
the County and fair
housing service providers
that serve the County to:
1) identify funding sources
to support fair housing
and landlord/tenant
counseling programs; 2) Work in partnership with local fair provide information on fair housing laws at City Hall, housing service agencies and provide Ongoing The City continues to work with the County of Merced to identify funding the library, senior center, fair housing information and services to sources and provide additional information to support fair housing. on the City's website, and residents.
other areas in which the
community gathers
information; and 3)
address or refer
complaints of housing
discrimination to
appropriate State or
federal agencies.
#27. Weatherization
Assistance: Continue to
provide weatherization
assistance to lowerincome households Provide weatherization to five lower- through the City's income owner and renter households The City provides information related to energy savings from Pacific Gas and rehabilitation program. Ongoing Provide information at City annually through the Housing Electric Company (PG&E) and the Merced Irrigation District to residents.
Hall on PG&E and the Rehabilitation Program.
Merced Irrigation District's
(MIO) weatherization and
energy assistance
program.
#28. Innovative
Neighborhood Design:
Encourage the use of
pedestrian-oriented Encourage developers to use designs design, greenbelts, parks, that incorporate smart growth and bicycle routes, and open- community sustainability practices, Ongoing The City encourages developers to use designs that encourage Smart Growth space to enhance new such as the use of greenbelts or and consistency with the City's Design Guidelines. residential neighborhoods walkways, which enhance pedestrian in Livingston. Make and bicycle use.
available on the City's
Website the City's Design
Guidelines.
STAFF REPORT
AGENDA ITEM: Resolution Approving the Designation of City Officials as Authorized Agents for Application by Non-State Agencies for Assistance in the Event of an Emergency as follows: City Manager and in his absence Finance Director/Assistant City Manager and the Police Chief MEETING DATE: March 18, 2025
PREPARED BY: Happy Bains – Finance Director/Assistant City Manager REVIEWED BY: Happy Bains - Finance Director/Assistant City Manager RECOMMENDATION:
Resolution Approving the Designation of City Officials as Authorized Agents for Application by Non-State Agencies for Assistance in the Event of an Emergency as follows: City Manager and in his absence Finance Director/Assistant City Manager and the Police Chief.
BACKGROUND AND DISCUSSION:
The City is required to have a resolution on file with the Office of Emergency Services (State Form-130) designating certain City officials as authorized agents to execute applications and other documents involving state disaster assistance.
The attached resolution, in the form required by State, updates the designation of City officials necessary for timely execution of documents involving state disaster assistance. The form designates the City Manager and in his/her absence the Finance Director/Assistant City Manager and the Police of Chief by position titles. When the form is fully signed and forwarded to OES, the City will provide the current names of the authorized agents in the cover letter.
FISCAL IMPACT:
No Fiscal Impact.
ATTACHMENTS:
1. Proposed Resolution
2. Designation of Applicant’s Agent Resolution for Non-State Agencies (State Form-130)
RESOLUTION NO. 2025-
RESOLUTION APPROVING THE DESIGNATION OF CITY OFFICIALS AS AUTHORIZED
AGENTS FOR APPLICATION BY NON-STATE AGENCIES FOR ASSISTANCE IN THE EVENT OF AN EMERGENCY AS FOLLOWS: CITY MANAGER AND IN HIS ABSENCE
FINANCE DIRECTOR/ASSISTANT CITY MANAGER AND THE POLICE CHIEF WHEREAS, the attached resolution in the form required by State updates the designation of City Officials necessary for timely execution of documents involving state disaster assistance, and
WHEREAS, the attached hereto form Exhibit A designates the City Manager and in his absence the Finance Director/Assistant City Manager and the Police Chief by position titles, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston to adopt this resolution.
I hereby certify that the foregoing Resolution No. 2025- 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 18th day of March 2025, by the vote recorded as follows:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
Jose Moran, Mayor
of the City of Livingston
ATTEST:
___________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
____________________________________
Roy C. Santos, City Attorney
DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)
THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
Rev. 10-2022 Page 1 of 4 OES-FPD-130
Please check the appropriate box below
This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.
This is a disaster/grant specific resolution and is effective for only disaster/grant number(s):
Passed and approved this __day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 2 of 4 OES-FPD-130
□
□
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.
When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:
Resolution Section:
Governing Body: This is the group responsible for appointing and approving the Authorized Agents.
Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.
Name of Applicant: The public entity established under the laws of the State of California.
Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.
There are two ways of completing this section:
1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body’s signature.
2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 OES-FPD-130 Page 3 of 4
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Certification Section:
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STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 4 of 4 OES-FPD-130
1 STAFF REPORT
AGENDA ITEM: PUBLIC HEARING - General Plan Amendment Application No. GPA 2023-01 – A request to amend the General Plan Land Use Diagram to re-designate 1.64 acres located south of Campbell Ave and east of Hammatt Avenue at 2300 Campbell Avenue from PF, Public Facility to HC, Highway Commercial and Rezone Application No. REZ 2023-01 to amend the zoning designation of the Project Site from Public/Quasi Public Facilities (PF) to Highway Service Commercial (C-3).
MEETING DATE: March 18, 2025
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Happy Bains, Finance Director/Assistant City Manager RECOMMENDATION:
1. Adopt City Council Resolution No. 2025-__ to approve General Plan Amendment No. 2023-01, amending the General Plan Land Use Diagram of the City of Livingston from PF, Public Facility to HC, Highway Commercial to accommodate Phase Two of the Moonglo development project on property generally located on the south side of Campbell Avenue and east of Hammatt Avenue at 2300 Campbell Avenue.
2. Introduce and waive the first reading of Ordinance No. ___, amending the Official Zoning Map of the City of Livingston designation for the subject site from Public/Quasi Public Facilities (PF) to Highway Service Commercial (C-3). (Site was previously identified as APN No. 023-070-012 and currently part of APN 023-070-015 and 023-070-016).
BACKGROUND AND DISCUSSION:
On September 6, 2022, the City Council adopted Resolutions No. 2022-55 and No. 2022-56, approving Conditional Use Permit Application No. CUP 2022-02 and Site Plan and Design Review Application No. SPDR 2022-02 for the SGM Moonglo Truck Stop complex (now referenced as Quickway). It also adopted Resolution 2022-54, adopting the Initial Study/Mitigated Negative Declaration and adoption of a Mitigation Monitoring/Reporting Program for the Moonglo Truck Stop Complex as proposed under CUP 2020-02 and SPDR No. 20202-02, see Attachment 1, 2 and 3.
The 2020-02 Site Plan and Conditional Use Permit application identified the development of the Moonglo site in two phases. Phase two is approved with two quick-service restaurants and a parking lot. The project site will have direct access onto Campbell Avenue. This development phase also involves relocating the existing storm drainage basin to the east on the Moonglo/Quickway development site.
Excerpts of the September 6, 2022, staff report to the City Council are included in Attachment 4.
A copy of the full City Council Agenda Report, agenda item 11 (pdf pages 104-537) can be viewed at: https://www.cityoflivingston.org/citycouncil/page/city-council-regular-meeting-17 .
2 On February 4, 2025, the City Council opened the Public Hearing. No public comments were received during the public hearing and the public hearing was continued to February 18, 2025.
The City Council Meeting of February 18, 2025, was cancelled. The Regular City Council meeting of March 4, 2025, was also cancelled. A new public hearing notice was published on March 7, 2025, and new public notice was provided to the applicant and to surrounding property owners.
GENERAL PLAN
The subject property is currently developed as a storm drainage basin and has a General Plan Designation of PF – Public Facility, see Attachment 5b – General Plan Land Use Diagram excerpt.
The applicant requests to amend the Livingston General Plan Land Use Diagram and redesignate the site to HC, Highway Commercial.
The Service Commercial and Highway Commercial General Plan designations correlate with C3 Highway Service Commercial district. However, the C-3 Highway Service Commercial district does not correlate with the General Plan designation of Public Facility and an amendment to the City’s General Plan Land Use Map is necessary to allow the proposed uses under Phase 2 to be developed.
The 1999 Livingston General Plan includes the following Commercial Land Use Objectives and Policies.
A. Ensure the provision of adequate commercial shopping opportunities and office space locations to meet anticipated needs.
Policy 1. Establish the following commercial land use designations:
Policy 1.d Service Commercial designates land for commercial activities in which the function performed is of equal or greater importance than the product traded.
The Highway Commercial subcategory allows Service Commercial uses, which due to space requirements, the proximity to the highway, or the distinctive nature of their operation, are not compatible with or not usually in other commercial designations.
Policy 2. Neighborhood Commercial sites should be located at or near the intersection of Collector and Arterial streets, with a minimum of overlap with other existing or planned neighborhood commercial uses. Only one neighborhood commercial development may be permitted at any one intersection. Such developments should also be directly accessible from adjacent residential developments.
Policy 3. Community Commercial uses should be located along major traffic ways in consolidated centers that utilize common access and parking for commercial uses. Strip commercial uses are to be discouraged. Adequate pedestrian links to residential areas shall be required.
Hammatt Avenue and Campbell Boulevard/Avenue are designated as Arterial Streets in the Circulation Element of the Livingston General Plan. The Circulation Element of the City’s General Plan includes a Bikeway Plan that designates a bikeway along Campbell Boulevard from Hammatt Avenue to Winton Parkway. Campbell Boulevard/Avenue, between Winton Parkway and the eastern City boundary, is designated as a Truck Route. Hammatt Avenue, between Walnut Avenue and State Highway 99 is also designated as a Truck Route.
3 Provisions for transportation system improvements incorporated as mitigation measures will ensure that traffic conditions will operate to City standards at the affected intersections, reducing impacts to an acceptable level consistent with the Livingston General Plan as shown in the traffic study. All mitigation measures identified in the project’s initial study and Mitigated Negative Declaration are incorporated as Conditions of Approval for development of the project.
ZONING
The subject site is currently zoned as PF, Public/Quasi Public Facility, see Attachment 5C - Zoning Map. Commercial uses are not permitted in the PF Zoning District, and the applicant requests a zone change from PF to C-3, Highway Service Commercial.
The Livingston Municipal Code requires all new construction to undergo Site Plan and Design Review consideration by the Planning Commission for a recommendation to the City Council for final consideration. In addition, any proposed restaurant with a drive-in and any gasoline dispensing station requires approval of a Use Permit application. The applicant received approval of a Conditional Use Permit for two quick service restaurants with a drive through as part of Phase 2 of the development project.
Approval of the requested rezoning will allow the applicant to proceed with development of the project site with commercial uses.
ENVIRONMENTAL REVIEW:
Both Phase One and Phase Two of the Moonglo project were evaluated under an Initial Study/Mitigated Negative Declaration and incorporated a Mitigation Monitoring and Reporting Program, see Attachment 1. The current proposal for a General Plan Amendment and Rezone was anticipated and incorporated in the Initial Study. As such, the land use reclassifications can “tier off” the adopted environmental document in accordance with Section 15152 of the CEQA Guidelines. The proposed project was routed to responsible and trustee agencies in late 2023 and no significant additional environmental effects were identified.
Staff believes the following CEQA findings can be met:
1. The project is consistent with the program, policy, plan, or ordinance for which the previous EIR or MND was prepared.
The approved project included the development of the subject site with commercial uses and anticipated subsequent rezone and general plan amendment requests to allow the proposed development.
2. The project is consistent with the general plan and zoning of the applicable city or county.
The proposed project will result in an amendment to both the General Plan and the Zoning Diagrams, resulting in consistency between the project and the Highway Service Commercial land use designations.
3. The project, as revised or mitigated, will not result in any significant effects which were not examined in the previous EIR.
The project is intended to conduct the land use entitlement of the original proposal.
There were no significant effects identified through the City’s consultation process of the proposed general plan and rezone application.
4 PLANNING COMMISSION ACTION AND RECOMMENDATION:
The Planning Commission held a Public Hearing on October 8, 2024, to consider the proposal.
The applicant and his representatives were present at the Planning Commission meeting. They thanked staff and responded to questions about the delay in bringing the applications to the Planning Commission. No other members from the public spoke in support or opposition of the project during the Public Hearing.
On a vote of 4-0, the Planning Commission approved a resolution recommending the City Council approve General Plan Application No. 2023-01 and Rezoning Application No. 2023-01 for Phase two of the SGM Moonglo, Inc. Truck Stop Complex Project –. Truck Stop Complex at 2300 Campbell Avenue.
FISCAL IMPACT:
To be determined.
ATTACHMENTS:
1. Livingston City Council Resolution No. 2022-54, adopting the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program.
2. Livingston City Council Resolution No. 2022-55, approving Conditional Use Permit No.
CUP 2020-02.
3. Livingston City Council Resolution No. 2022-56, approving Site Plan Design Review Application No. SPDR 2020-02.
4. Excerpts of the September 6, 2022, staff report to the City Council for the Moonglo project.
5. Project maps (Vicinity Map, Map of existing General Plan designations, Map of proposed General Plan designations, Existing Zoning map, Proposed Zoning Map).
6. Affidavit of Public Hearing Notice.
7. Council Resolution No. 2025-__ to approve General Plan Amendment No. 2023-01, amending the General Plan Land Use Diagram of the City of Livingston from PF, Public Facility to HC, Highway Commercial to accommodate Phase Two of the Moonglo development project on property generally located on the south side of Campbell Avenue and east of Hammatt Avenue at 2300 Campbell Avenue.
8. Ordinance No. ___, amending the Livingston Zoning Map designation for the subject site from Public/Quasi Public Facilities (PF) to Highway Service Commercial (C-3). (Site was previously identified as APN No. 023-070-012 and currently part of APN 023-070-015 and 023-070-016).
RESOLUTION 2022-54
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LIVINGSTON ADOPTING THE INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION AND ADOPTION OF A MITIGATION MONITORING/REPORTING
PROGRAM FOR THE MOONGLO TRUCK STOP COMPLEX PROJECT AS PROPOSED UNDER CONDITIONAL USE PERMIT NO. 2020-02
AND SITE PLAN & DESIGN REVIEW NO. 2020-02
WHEREAS, pursuant to Livingston Municipal Code ("LMC") sections 5-6-7 and 5-6-9, Rod Hawkins of Hawkins and Associates Engineering Inc. on behalf of SGM Moonglo, Inc., Owners, have applied for a Conditional Use Permit and a Site Plan and Design Review approval for the SGM Moonglo Truck Stop Complex (Travel Center) Project which consists of: a convenience store with two attached quick serve restaurants, a fueling station for passenger cars, a parking lot for passenger vehicles, recreational vehicles and trucks, a dump station for RV and travel trailers, a separate truck tire service establishment with an attached quick serve restaurant, a certified truck scale, a diesel fuel dispensing area, abandonment of an existing storm drain basin and development of a new basin under Phase 1 and the development of two quick serve restaurants, associated parking lot and access drive under Phase 2. and associated driveways, circulation, parking, landscaping, lighting, and signage at and southeast of the corner of the Campbell Blvd./Hammatt Ave. intersection adjacent to State Route 99 at the Hammatt Ave interchange, on anl8.9 acre property consisting of APNs: 023-070-012, 023-070-014, 023-070- 14 and 023-060-010, in the City of Livingston; and
WHEREAS, these developments are deemed a Project within the provisions of the California Environmental Quality Act (CEQA); and
WHEREAS, the City of Livingston has caused to be prepared an Initial Study/Mitigated Negative Declaration (IS/MND) addressing the potential environmental effects of the SGM Moonglo Truck Stop Complex Project in accordance with the requirements ofCEQA, which is attached hereto as Exhibit "A" and is hereby incorporated by reference; and WHEREAS, a Notice oflntent to adopt a MND was published on December 30, 2020, in the Merced Sun-Star; and
WHEREAS, the IS/MND has been circulated for public and agency review and comment in accordance with the requirements of CEQA from December 30, 2020, through January 19, 2021, and received three comments from City Departments; and
WHEREAS a public hearing for consideration of the proposed project has been properly noticed by posting, a newspaper ad and a mailing to adjacent properties within 300 feet of the site, and WHEREAS, the City has prepared a Mitigation Monitoring/Reporting Program for the SGM Moonglo Truck Stop Complex Project, attached hereto as Exhibit "C" and is hereby incorporated by reference.
NOW, THEREFORE, BE IT RESOLVED that the Livingston City Council hereby adopts Resolution 2022-54, which adopts the IS/MND for the Moonglo Truck Stop Complex along with conditions of Approval as contained within Exhibits "A" and "B" attached hereto.
BE IT FURTHER RESOLVED that the Livingston City Council adopts the accompanying Mitigation Monitoring/Reporting Program for the project as contained within City Council Resolution 2022-54, as Exhibit C.
Passed and adopted this 6th day of September, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor Aguilar and Council Members Moran and Garcia
None
Council Members Baptista-Soto and Kang
None
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston this 6th day of September, 2022.
Le 1cia asquez-Zurita, Cit
Of the City of Livingston
Exhibit A
Conditions of Approval
I. The Developer shall comply with all federal, state and local laws, policies, standards and requirements applicable to this use and obtain a building permit and all other permits applicable to this use and shall pay all fees and exactions applicable to such a use; and
2. The Developer shall comply with all the conditions of the associated Conditional Use Permit 2020-02 Resolution of Approval; and
3. The Developer shall repair any damage to City facilities such as curb, gutter, sidewalk, streets and alleys caused by construction; and
4. The Developer shall indemnify, defend and hold harmless the City and its officials, officers, employees, agents, and consultants from any and all legal or administrative actions or other proceedings challenging this approval or any subsequent approval associated with this project; and
5. The development of the site shall be consistent with approved plans, elevations, and colors.
Provisions shall be made to accommodate bicycle parking. Minor variations from approved plans, elevations, and colors may be allowed at the review and approval of City staff; and
6. The developer and/or operator shall submit a signage plan for all exterior signs (including for each of the proposed quick service restaurants) for Planning administrative review and approval consistent with the submitted site plan and City's signage regulations prior to obtaining a sign permit from the Building Division; and
7. The developer and/or operator shall submit final landscape plans for City staff review and approval, specifying plant selection, size and irrigation consistent with the preliminary landscape concept submitted as part of the application and described in the associated staffrepo,t and shall pay the landscape plan review and inspection fee to insure installation was done according to approved plans; Such plans shall be i-eviewed and approved by a Licensed Landscaped Architect for compliance with the City's Water Efficiency Landscape Ordinance before a building permit can be issued and
8. All exterior lighting fixtures shall be noted on an exterior lighting plan subject to staff review and approval, and such lighting shall be shielded and directed to areas on the subject property itself and shall avoid shinning toward adjacent properties and State Route 99; and
9. The developer and/or operator shall comply with the 33 conditions listed in the Memo dated August 2, 2022, from City Engineer Mario Gouveia to Contract City Planner Miguel Galvez. The time period for compliance with conditions 15, 16, and 17 as listed in the memo noted above shall be 7 years after the Certificate of Occupancy is issued for the convenience store/cashiers area; and
10. The Developer and/or operator shall submit the plans for the trash enclosures for City staff review and approval after access to the enclosures have been approved by Gilton Solid Waste Management; and
11. The Developer and/or operator shall keep the site free from trash and debris and shall maintain the premises in a clean and orderly manner; and
12. Before development of Phase 2 project components can be constructed, rezoning the property's PF zoning and general plan designations will need to be rezoned to C-3, Service Highway Commercial shall be completed; and
13. Design and development of new storm water basin shall be as approved by the City Engineer. A new easement for the new storm water basin must be accepted by the City before the existing utility easement for the existing storm water basin can be abandoned.
14. The Developer and/or operator shall complete and record approved Lot Line Adjustment Application No. LLA 2020-02 before a building permit can be issued for development of the site.
15. The Developer shall include fire sprinklers in the development consistent with the requirements of the Merced County Fire Department and shall comply with other Fire Department requirements and standards including paying for, on a propotiionate fair share basis, the cost for installing an OptiCom System at the Hammatt Avenue and Campbell Boulevard intersection.
16. Truck parking on Campbell Boulevard adjacent to the property shall be prohibited.
17. The Developer shall annex this Project site into the Community Facilities District (CFD) No. 2017-1 prior to the issuance of the Certificate of Occupancy, including payment of administrative costs associated with the annexation process.
18. Building permits are required and the project must conform to the California Code of Regulations, Title 24
The following Mitigation Measures were identified in the project's initial study/Mitigated Negative Declaration and are hereby included as Conditions of Approval. Any proposed amendments to the following conditions will require amendment, review and approval of a new environmental assessment in compliance with the California Environmental Quality Act.
19. CUL T-1 If any subsurface cultural resources are encountered during construction of the project, the City of Livingston Community Development Department shall be notified and all construction activities in the vicinity of the encounter shall be halted until a qualified archaeologist can examine these materials and determine their significance. If the find is determined to be significant, then the archaeologist shall recommend further mitigation measures that would reduce potential effects on the find to a level that is less than significant.
Recommended measures may include, but are not limited to, I) preservation in place, or 2) excavation, recovery, and curation by qualified professionals. The project developer shall be responsible for retaining qualified professionals, implementing recommended mitigation measures, and documenting mitigation efforts in a written report to the City's Community Development Department, consistent with the requirements of the CEQA Guidelines.
20. CULT-2: If project construction encounters evidence of human burial or scattered human remains, the contractor shall immediately notify the County Coroner and the City, which shall in turn notify the appropriate tribal representatives. The City shall notify other federal and State agencies as required. The City will be responsible for compliance with the requirements of
California Health and Safety Code Section 7050.5 and with any direction provided by the County Coroner. If the human remains are determined to be Native American, the County Coroner shall notify the Native American Heritage Commission, which will notify and appoint a Most Likely Descendant. The Most Likely Descendant shall work with the City and a qualified archaeologist to decide the proper treatment of the human remains and any associated funerary objects in accordance with California Public Resources Code Sections 5097.98 and 5097.991.
Avoidance is the preferred means of disposition of the burial resources.
21. GEO-I Prior to commencement of construction activity, the developer shall prepare and implement a Storm Water Pollution Prevention Plan (SWPPP) for the project and file a Notice of Intent with the State Water Resources Control Board (SWRCB) in compliance with the Construction General Permit and City of Livingston storm water requirements. The SWPPP shall be available on the construction site at all times. The developer shall incorporate an Erosion Control Plan consistent with all applicable provisions of the SWPPP within the site improvement and building plans. The developer also shall submit the SWRCB Waste Discharger's Identification Number to the City prior to approval of development or grading plans
22. GEO-2 If any subsurface paleontological resources are encountered during construction of the project, the City of Livingston Community Development Department shall be notified and all construction activities in the vicinity of the encounter shall be halted until a qualified paleontologist can examine these materials and determine their significance. If the find is determined to be significant, then the paleontologist shall recommend mitigation measures that would reduce potential effects on the find to a level that is less than significant. Recommended measures may include, but are not limited to, I) preservation in place, or 2) excavation, recovery, and curation by qualified professionals. The project developer shall be responsible for retaining qualified professionals, implementing recommended mitigation measures, and documenting mitigation efforts in a written report to the City's Community Development Department, consistent with the requirements of the CEQA Guidelines.
23. HYDRO-I The developer shall submit a Storm Water Quality Plan for the project that shall include post-construction Best Management Practices (BMPs) as required by the City's Storm Water Management Program. The Storm Water Quality Plan shall be reviewed and approved by the City of Livingston Public Works Department prior to approval of project improvement plans.
24. HYDRO-2 If required, the developer shall execute a Maintenance Agreement with the City for storm water BMPs prior to receiving a Certificate of Occupancy. The developer shall remain the responsible party and provide funding for the operation, maintenance and replacement costs of the proposed treatment devices built for the project.
25. HYDRO-3 The developer shall comply with applicable requirements of, and pay all associated fees as required by, the City's Storm Water Pollution Prevention Program as set forth in its NPDES Storm Water Permit.
26. TRANS-I The project applicant or successors in interest shall be required to pay fair-share costs of a traffic signal at the Hammatt Avenue/Campbell Boulevard intersection.
27. TRANS-2: The project applicant or successors in interest shall be required to pay fair-share costs of traffic signals or roundabouts at the Hammatt Avenue intersections with the SR 99 northbound ramps and the SR 99 southbound ramps. The project applicant or successors in interest shall be required to pay fair-share costs of preparing a preliminary Intersection Control
Evaluation report to provide a screening assessment of the feasibility ofa roundabout or traffic signal at the SR 99 ramps intersections.
28. TRANS-3 The project applicant or successors in interest shall be required to pay fair-share costs of the addition of an eastbound right-turn lane, approximately 200 feet in length, on Campbell Boulevard with right turn overlap phases on the northbound-to-eastbound and eastbound-tosouthbound movements.
29. TRANS-4 The project applicant or successors in interest shall install frontage improvements along Campbell Boulevard, including sidewalks, during Phase I development of the project site.
30. TRANS-5 Improvements to the Hammatt Avenue/ Campbell Boulevard intersection shall be designed to accommodate STAA trucks, and the project shall contribute its fair share to the cost of those features. Project access shall be designed to accommodate STAA trueks. Phase 1 shall contribute its fair share to the cost of a Caltrans ST AA route designation application to be completed by the City and shall contribute its fair share to the cost of improvements needed to accommodate ST AA trucks.
31. CUMUL-1 The project applicant or successors in interest shall be required to pay fair-share costs of improvements at the Hammatt Avenue/Campbell Boulevard intersection as described in Mitigation Measures TRANS-] and TRANS-3, along with an addition of a westbound left-turn lane on Campbell Boulevard east of Hammatt Avenue, a conversion of the southbound right-turn lane to a through/right-turn lane, and the addition of a northbound-to-eastbound overlap phase.
32. CUMUL-2 The project applicant or successors in interest shall be required to pay fair-share costs of traffic signals or roundabouts at the Hammatt A venue intersections with the SR 99 northbound ramps and the SR 99 southbound ramps as described in Mitigation Measure TRANS-2, along with the construction of a southbound right-turn lane on Hammett Avenue that extends to Campbell Boulevard.
33. CUMUL-3 The project applicant or successors in interest shall be required to pay fair-share costs of a traffic signal at the Hammatt Avenue/F Street intersections.
34. CUMUL-4 The project applicant or successors in interest shall select and implement one of two alternatives related to traffic queuing at the western driveway: 1) Reconfiguration of the westbound Campbell Boulevard approach to allow left turns from two lanes. This change would equalize traffic volumes in each lane and reduce the queue lengths. This would require that the layout of the Hammatt Avenue/Campbell Boulevard intersection be wider to accommodate the concurrent turning paths of two STAA trucks. The project applicant or successors in interest shall be required to pay fair-share costs of improvements proposed by this alternative. 2) Left turns at the western driveway shall be prohibited. If determined to be needed by the City, the project proponents shall fund construction of a median treatment or other measure acceptable to the City to prohibit left turns.
GOUVEIA ENGINEERING
MEMORANDUM
TO:
FROM:
Miguel Galvez, Contract City Planne\ \ t I /
Mario B. Gouveia, City Engineer l'-)Bi µ,-~h-? r. f ' -tor I
SUBJECT: Engineering Review Comments for the SGM Moonglo, Inc. Truck Stop Complex (Phase 1) SPDR 2020-02 Application - REVISED
DATE: August 2, 2022
CC: Vanessa Portillo, City Manager
These are the Engineering review comments for the SGM Moonglo, Inc. Truck Stop Complex (Phase 1) in Livingston CA. The review comments are based on the revised site plan and accompanying drawings provided by the Applicant on July 26, 2022.
1. Provide improvement plans (separate from the building plans) for topography and demolition, street frontage improvements, site development, utilities, grading and drainage, landscaping, site lighting, erosion control, survey monuments and etc.
2. Public improvements shall conform to the latest edition of the City of Livingston Improvement Standards and all applicable State, Federal, and local laws and regulations.
3. Provide a soils report for project site prepared by a California registered geotechnical engineer.
4. Prepare a Storm Water Pollution Prevention Plan (SWPPP) pursuant to the California Water Resources Control Board Order No. 2009-0009-DWQ, NPDES No. CA000002 and the City of Livingston's MS4 Phase II Permit for construction activities. Prepare an Erosion Control Plan for storm water and construction BMPs. Applicant shall provide a WDID number prior to approval of the improvement plans.
5. Prepare volumetric sizing calculations, low development impact (LID) measures, operation and maintenance plan (O&M), and statement of responsibility agreement for storm water management pursuant to the City of Livingston's Post-Construction Standards Plan and pursuant to the City's Phase II MS4 Permit requirements.
6. Prepare a Dust Control Plan (DCP) and file the Plan with the San Joaquin Valley Air Pollution Control District for construction activities pursuant to Regulation VIII (Rules 8011-8081 ).
7. Prepare grading and encroachment permits for the project. Applicant shall pay the permit fee, plan check and inspection fees, and furnish improvement securities pursuant to the City's improvement standards, municipal code, and ordinances. The payment of permit fees shall be made as follows:
a. Deposit for review of improvement plans due at submittal of plans b. Deposit for project inspections due at issuance of grading and/or encroachment permits
8. Applicant shall pay all applicable development impact fees for Municipal Facilities, Police, Fire Protection, Streets and Bridges, Water, Domestic Wastewater, Storm Drainage, and Parks. 456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600
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9. Construct all connections for dry utilities underground and within the street right of way or other acceptable easements as approved by the respective utility companies.
10. Install a minimum new 10-inch water main on Campbell Boulevard for all proposed domestic, irrigation, and fire service connections. The new water line shall be connected to the existing 12-inch main on Hammatt Avenue and extended along Campbell Boulevard as required to make the project connections. Connections shall include water meters, backflow preventers, post indicator valves, and fire department connections as applicable, pursuant to City standards and as approved by the City Engineer.
11. Construct a minimum 10-inch water main to create a loop between Campbell Boulevard and Dwight Way as shown on the project site plan. Water lines constructed outside of the public rights of way shall be located within an easement acceptable to the City Engineer. Applicant shall cause the dedication of said easement to the City of Livingston.
12. Install a 12-inch sewer main on Campbell Boulevard for all proposed connections for sanitary service and other allowable waste discharges or construct improvements as shown on the project site plan and accompanying drawings pursuant to City standards and as approved by the City Engineer. The new sewer line shall be extended along Campbell Boulevard as required to make the project connections and extended to the nearest property line for all other parcels with street frontage limited to Campbell Boulevard and within the limits of the project. Provide a grease interceptor at all on site kitchen connections.
13. Connect the sewer main on Campbell Boulevard to the existing gravity sewer main on Dwight Way with a 12-inch sewer main as shown on the project site plan. Developer to submit hydraulic calculations to verify there is adequate capacity on the existing line to handle the additional project wastewater flows. Sewer lines constructed outside of the public rights of way shall be located within an easement acceptable to the City Engineer. Applicant shall cause the dedication of said easement to the City of Livingston.
14. Construct septage receiving station pursuant to City standards and as approved by the City Engineer.
Applicant shall apply for a City Industrial Wastewater Permit for septage discharges to the sanitary sewer system. All discharges from the septage receiving station shall be metered.
15. Design and construct the proposed storm basin per the City standards, soils investigation report, and as approved by the City Engineer and Merced Irrigation District. The basin shall collect storm runoff from street frontage improvements and on-site areas and sized to handle storm runoff from the project site, tributary area(s) for existing basin, and any planned future development. Applicant shall grant and cause the dedication of an easement to the City of Livingston for disposal of street runoff unto the private storm basin.
16. Backfill existing basin, disconnect and extend existing storm pipes along Campbell Boulevard to the new basin on the southeast comer of the project site. The new storm drain line shall be sized to handle storm runoff from street frontage, on-site areas, and existing basin tributary area based on hydraulic calculations, pursuant to City standards and as approved by the City Engineer. Provide sand oil separator for all surface runoff from parking lots, fueling areas, and drive isles.
17. Dedicate street right of way and 10-ft public utility easement for the south half of Campbell Boulevard and construct street improvements pursuant to Arterial Standards (110-ft divided 4-Lane) or as approved by the City Engineer. Applicant shall dedicate the right of way using a street alignment for Campbell Boulevard that does not affect existing developed parcels within the impacted roadway segment. Roadway pavement shall be widen to ultimate street width within the project 456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600
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frontage and transitioned to existing pavement as required. Curb, gutter, sidewalk, street lighting, street landscaping, and other required street frontage improvements shall extend the length of the property line. Construct all required frontage improvements per City standards or as approved by the City Engineer.
18. Dedicate street right of way for the north half of Campbell Boulevard pursuant to Arterial Standards ( 110-ft divided 4-Lane) as proposed by the Applicant on the project site plan and accompanying drawings. Applicant shall dedicate the right of way using a street alignment for Campbell Boulevard that does not affect existing developed parcels within the impacted roadway segment.
19. Construct street frontage improvements on Campbell Boulevard to match the intersection improvements for Campbell Boulevard and Hammatt Avenue being designed and constructed by others. Applicant shall cause the dedication of street right of way for Campbell Boulevard and Hammatt A venue as necessary for said intersection improvements.
20. The Applicant would be responsible for constructing the street widening improvements on the west half of Hammatt A venue between the State Route 99 northbound on-ramp and the intersection of Hammatt A venue and Campbell Boulevard. These widening improvements are being triggered by the project's traffic impacts but they're already scheduled for construction by the City of Livingston using separate funding. Therefore, the Hammatt A venue widening improvements are not required to be completed by the Developer.
21. The Applicant is responsible for constructing any street widening improvements on the north half of Campbell Boulevard that are triggered by the project's traffic impacts for turning movements at the intersections of Hammatt A venue and Industrial Drive.
22. The proposed most western driveway on Campbell Boulevard shall be restricted to right-in and rightout vehicle movements. Applicant shall construct a raised center median on Campbell Boulevard to prevent left tum movements from said driveway.
23. Construct the proposed second driveway from the west to align with the intersection of Industrial Drive as shown on the project site plan and as approved by the City Engineer.
24. Construct all other street improvements and provide site ingress/egress as recommended by the project's Transportation Impact Analysis prepared by KDA & Associates dated July 24, 2020 and all other amendments thereto.
25. Applicant shall prepare and submit to Caltrans an STAA Route Designation Application for Hammatt and Campbell Boulevard on behalf of the City of Livingston and at the sole cost of the Applicant.
Both streets shall be designated STAA routes prior to the issuance of a certificate of occupancy by the City of Livingston.
26. Applicant shall address any other requirements for street improvements and site access provided by Caltrans as part of their review and approval for this project, except for the requirements for the street widening improvements for the west half of Hammatt A venue being completed by the City of Livingston.
27. Pay maximum fair share of 31 % or minimum 14% at the City's discretion for intersection improvements at Hammatt Avenue and Campbell Boulevard to mitigate the traffic impacts per the project's Transportation Impact Analysis. The intersection improvements to include the required roadway configuration/traffic signal layout as approved by the City Engineer and pursuant to City standards.
456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600
Memorandum
Page4
28. Pay maximum fair share of 27% or minimum 10% at the City's discretion for intersection improvements at Hammatt Avenue and SR 99 Northbound Ramps to mitigate the traffic impacts per the project's Transportation Impact Analysis. The intersection improvements to include the required roadway configuration/traffic signal layout as approved by Caltrans and the City Engineer and pursuant to Caltrans/City standards.
29. Pay maximum fair share of 21 % or minimum 7% at the City's discretion for intersection improvements at Hammatt Avenue and SR 99 Southbound Ramps to mitigate the traffic impacts per the project's Transportation Impact Analysis. The intersection improvements to include the required roadway configuration/traffic signal layout as approved by Caltrans and the City Engineer and pursuant to Caltrans/City standards.
30. Pay maximum fair share of 11 % or minimum 3% at the City's discretion for intersection improvements at Hammatt Avenue and F Street to mitigate the traffic impacts per the project's Transportation Impact Analysis. The intersection improvements to include the required roadway configuration/traffic signal layout as approved by the City Engineer and pursuant to City standards.
31. Provide on-site and off-site ADA accessible path for pedestrians and bicyclists.
32. Provide access to the trash enclosure as approved by the City Planner and the City's Refuse Contractor.
33. Protect from damage all existing street improvements designated to remain in place. 456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600
MITIGATION MONITORING/
REPORTING PROGRAM
FOR THE
LIVINGSTON TRUCK STOP COMPLEX
Livingston, Ca.
August2022
Prepared for:
City of Livingston
1416 C Street
Livingston, CA 95334
Prepared by:
BaseCamp Environmental, Inc.
802 W. Lodi Avenue
Lodi, CA 95240
209-224-8213
MITIGATION MONITORING/REPORTING PROGRAM
FOR THE
LIVINGSTON TRUCK STOP COMPLEX
Livingston, CA
1.0 INTRODUCTION
The City of Livingston California (City) is considering adoption of an Initial Study/Mitigated Negative Declaration (IS/MND) for and approval of the Livingston Truck Stop Complex (the "project"). This document is the accompanying Mitigation Monitoring/Reporting Program (MMRP) for the project, which will be adopted by the City in conjunction with the IS/MND and consideration of the proposed project. The primary source document for the MMRP is the Final IS/MND, a separate document.
1.1 THE PROJECT
The project proposes to develop approximately 18.9 acres of currently vacant property as a travel center that would serve trucks and passenger vehicles, primarily those traveling on nearby State Route (SR) 99. The project would initially construct a travel center building that includes a convenience store and a quick-serve restaurant and a second building that would house a tire center and space for another quick-serve restaurant. Nine fuel dispensers serving trucks and ten fuel dispensers serving passenger vehicles would be installed, each dispenser with two pumps. Subsequent development would add three quick-serve restaurants with associated parking. A storm drainage retention basin would be constructed at the eastern end of the project site. The project would require a Conditional Use Permit (CUP) and site plan and design review approvals.
1.2 CEQA REQUIREMENTS REGARDING MITIGATION
MONITORING AND REPORTING
To ensure that mitigation measures included in an IS/MND are implemented, CEQA requires the adoption of a mitigation monitoring and/or reporting program (CEQA Guidelines Section 15074). The Guidelines require that the lead agency:
" . . . adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to mitigate or avoid significant environmental effects."
These requirements are met by the Mitigation Monitoring/Reporting Program table for the project shown in Section 2.0 of this document. The table lists all of the potentially significant environmental effects of the project as identified in the Final IS/MND, Livingston Truck Stop Complex, Mitigation Monitoring and Reporting Program Page 1-1
identifies all of the mitigation measures needed to reduce these effects to a less than significant level, and identifies the entities that would be responsible for implementing and monitoring implementation of the mitigation measures.
Livingston Truck Stop Complex, Mitigation Monitoring and Reporting Program Page 1-2
2.0 MITIGATION MONITORING/REPORTING PLAN
The following table summarizes the significant environmental effects that could result from approval of the Livingston Truck Stop Complex, based on the analysis contained in the IS/MND. The table identifies 1) each significant effect, 2) how each significant effect would be mitigated, 3) the responsibility for implementation of the mitigation measures, and 4) the responsibility for monitoring of mitigation measures. The table follows the same sequence as the impact analysis in the IS/MND. Environmental issue areas where no significant effect would occur are also listed for the sake of continuity.
Livingston Truck Stop Complex, Mitigation Monitoring and Reporting Program Page 2-1
IMPACT/MITIGATION MEASURES IMPLEMENTATION SOURCE RESPONSIBILITY AND MONITORING/REPORTING RESPONSIBILITY INFORMATIMING/SCHEDULE TION
3.1 AESTHETICS
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.2 AGRICULTURE RESOURCES
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.3 AIR QUALITY
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.4 BIOLOGICAL RESOURCES
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.5 CULTURAL RESOURCES
Potential Impacts on Historical and Archeological Resources.
CUL T-1 If any subsurface cultural resources are encountered during Developer will be Community Development Department IS/MND, construction of the project, the City of Livingston responsible for retaining will oversee archaeologist study and Section 3.5 Community Development Department shall be notified and archaeologist to examine implementation of recommendations. all construction activities in the vicinity of the encounter cultural resources if shall be halted until a qualified archaeologist can examine encountered. these materials and determine their significance. If the find Archaeologist will specify is determined to be significant, then the archaeologist shall actions needed to protect recommend further mitigation measures that would reduce resources as required. potential effects on the find to a level that is less than Developer will implement significant. Recommended measures may include, but are archaeologist not limited to, 1) preservation in place, or 2) excavation, recommendations. recovery, and curation by qualified professionals. The project developer shall be responsible for retaining qualified professionals, implementing recommended mitigation
Livingston Truck Stop Complex, Mitigation Monitoring/Reporting Program Table Page 2-2
IMPLEMENTATION SOURCE IMPACT/MITIGATION MEASURES RESPONSIBILITY AND MONITORING/REPORTING RESPONSIBILITY INFORMATIMING/SCHEDULE TION measures, and documenting mitigation efforts in a written report to the City's Community Development Department, consistent with the requirements of the CEQA Guidelines.
Potential Impacts on Human Burials
CULT-2: If project construction encounters evidence of human burial Same as CUL T-1. Community Development Department IS/MND, or scattered human remains, the contractor shall Developer will be will respond to notification and oversee Section 3.5 immediately notify the County Coroner and the City, which responsible for immediate required activities pursuant thereto. shall in turn notify the appropriate tribal representatives. The notification of the City shall notify other federal and State agencies as required. identified agencies.
The City will be responsible for compliance with the
requirements of California Health and Safety Code Section 7050.5 and with any direction provided by the County
Coroner. If the human remains are determined to be Native American, the County Coroner shall notify the Native
American Heritage Commission, which will notify and
appoint a Most Likely Descendant. The Most Likely
Descendant shall work with the City and a qualified
archaeologist to decide the proper treatment of the human remains and any associated funerary objects in accordance with California Public Resources Code Sections 5097.98
and 5097.991. Avoidance is the preferred means of
disp_osition of the burial resources.
3.6 ENERGY
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.7 GEOLOGY AND SOILS
Potential Impacts on Soil Erosion
GEO-1 Prior to commencement of construction activity, the Developer will be Public Works Department will be IS/MND, developer shall prepare and implement a Storm Water responsible for responsible for overseeing compliance Section3.7 Pollution Prevention Plan (SWPPP) for the project and file a preparation and with SWRCB requirements. Notice of Intent with the State Water Resources Control implementation of Board (SWRCB) in compliance with the Construction SWPPP requirements. General Permit and City of Livingston storm water Livingston Truck Stop Complex, Mitigation Monitoring/Reporting Program Table Page 2-3
IMPLEMENTATION SOURCE IMPACT/MITIGATION MEASURES RESPONSIBILITY AND MONITORING/REPORTING RESPONSIBILITY INFORMATIMING/SCHEDULE TION requirements. The SWPPP shall be available on the
construction site at all times. The developer shall
incorporate an Erosion Control Plan consistent with all applicable provisions of the SWPPP within the site
improvement and building plans. The developer also shall submit the SWRCB Waste Discharger's Identification
Number to the City prior to approval of development or
grading plans.
Potential Impacts on Paleontological Resources and Unique Geological Features GE0-2 If any subsurface paleontological resources are encountered Developer will be Community Development Department IS/MND, during construction of the project, the City of Livingston responsible for retaining will oversee paleontologist study and Section3.7 Community Development Department shall be notified and paleontologist to examine implementation of recommendations. all construction activities in the vicinity of the encounter resources if encountered. shall be halted until a qualified paleontologist can examine Paleontologist will these materials and determine their significance. If the find specify actions needed to is determined to be significant, then the paleontologist shall protect resources as recommend mitigation measures that would reduce potential required. Developer will effects on the find to a level that is less than significant. implement paleontologist Recommended measures may include, but are not limited to, recommendations. 1) preservation in place, or 2) excavation, recovery, and curation by qualified professionals. The project developer shall be responsible for retaining qualified professionals, implementing recommended mitigation measures, and
documenting mitigation efforts in a written report to the City's Community Development Department, consistent
with the requirements of the CEQA Guidelines.
3.8 GREENHOUSE GAS EMISSIONS
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.9 HAZARDS AND HAZARDOUS MATERIALS
The IS/MND does not identify significant effects or mitigation measures in this issue area.
Livingston Truck Stop Complex, Mitigation Monitoring/Reporting Program Table Page 2-4
IMPLEMENTATION SOURCE IMPACT/MITIGATION MEASURES RESPONSIBILITY AND MONITORING/REPORTING RESPONSIBILITY INFORMATIMING/SCHEDULE TION
3.10 HYDROLOGY AND WATER QUALITY
Potential Impacts on Surface Water Quality
HYDR0-1 The developer shall submit a Storm Water Quality Plan The developer will be The Department of Public Works will be IS/MND, for the project that shall include post-construction Best responsible for submittal responsible for review and approval of Section Management Practices (BMPs) as required by the City's of storm water quality storm water quality plans and ensuring 3.10 Storm Water Management Program. The Storm Water plans, execution of a that required signatures and fee payments Quality Plan shall be reviewed and approved by the City of maintenance agreement are submitted by the developer. Livingston Public Works Department prior to approval of and compliance with project improvement plans. other Storm Water HYDR0-2 If required, the developer shall execute a Maintenance Quality Control Plan requirements. Agreement with the City for stormwater BMPs prior to receiving a Certificate of Occupancy. The developer shall remain the responsible party and provide funding for the operation, maintenance and replacement costs of the
proposed treatment devices built for the project.
HYDR0-3 The developer shall comply with applicable requirements of, and pay all associated fees as required by, the City's Storm Water Pollution Prevention Program as set forth in its NPDES Storm Water Permit.
3.11 LAND USE AND PLANNING
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.12 MINERAL RESOURCES
The IS/MND does not identify significant effects or mitigation measures in this issue area.
Livingston Truck Stop Complex, Mitigation Monitoring/Reporting Program Table Page 2-5
IMPACT/MITIGATION MEASURES IMPLEMENTATION SOURCE RESPONSIBILITY AND MONITORING/REPORTING RESPONSIBILITY INFORMATIMING/SCHEDULE TION
3.13 NOISE
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.14 POPULATION AND HOUSING
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.15 PUBLIC SERVICES
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.16 RECREATION
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.17 TRANSPORTATION
Conflict with Applicable Plans, Ordinances and Policies TRANS-1 The project applicant or successors in interest shall be Developer will be The Department of Public Works will be IS/MND, required to pay fair-share costs of a traffic signal at the responsible for payment responsible for review, approval and Section Hammatt Avenue/Campbell Boulevard intersection. of proportional share inspection of improvements required by 3.17 costs of transportation the Livingston City Council. TRANS-2: The project applicant or successors in interest shall be improvements as required required to pay fair-share costs of traffic signals or by the Livingston City roundabouts at the Hammatt Avenue intersections with the Council.
SR 99 northbound ramps and the SR 99 southbound ramps.
The project applicant or successors in interest shall be required to pay fair-share costs of preparing a preliminary Intersection Control Evaluation report to provide a screening assessment of the feasibility of a roundabout or traffic signal at the SR 99 ramps intersections.
Livingston Truck Stop Complex, Mitigation Monitoring/Reporting Program Table Page 2-6
IMPLEMENTATION SOURCE IMPACT/MITIGATION MEASURES RESPONSIBILITY AND MONITORING/REPORTING RESPONSIBILITY INFORMATIMING/SCHEDULE TION TRANS-3 The project applicant or successors in interest shall be required to pay fair-share costs of the addition of an
eastbound right-tum lane, approximately 200 feet in length, on Campbell Boulevard with right tum overlap phases on
the northbound-to-eastbound and eastbound-to-southbound movements.
TRANS-4 The project applicant or successors in interest shall install frontage improvements along Campbell Boulevard,
including sidewalks, during Phase 1 development of the
project site.
Traffic Hazards
TRANS-5 Improvements to the Hammatt Avenue/ Campbell Developer will be The Department of Public Works will be IS/MND, Boulevard intersection shall be designed to accommodate responsible for payment responsible for review, approval and Section STAA trucks, and the project shall contribute its fair share of proportional share inspection of improvements required by 3.17 to the cost of those features. Project access shall be designed costs of transportation the Livingston City Council. to accommodate STAA trucks. Phase 1 shall contribute its improvements as required fair share to the cost of a Caltrans STAA route designation by the Livingston City application to be completed by the City and shall contribute Council. its fair share to the cost of improvements needed to
accommodate STAA trucks.
3.18 TRIBAL CULTURAL RESOURCES
Potential Impacts on Historical and Archeological Resources.
Same as CULT-1
Livingston Truck Stop Complex, Mitigation Monitoring/Reporting Program Table Page 2-7
IMPLEMENTATION SOURCE IMPACT/MITIGATION MEASURES RESPONSIBILITY AND MONITORING/REPORTING RESPONSIBILITY INFORMATIMING/SCHEDULE TION Potential Impacts on Human Burials
Same as CUL T-2
3.19 UTILITIES AND SERVICE SYSTEMS
The IS/MND does not identify significant effects or mitigation measures in this issue area.
3.20 WILDFIRE
Potential Impacts on Emergency Response Plans and Emergency Evacuation Plans.
3.21 MANDATORY FINDINGS OF SIGNIFICANCE
Findings on Cultural Resources
Same as CUL T-1 and CUL T-2
Findings on Cumulative Transportation Impacts
CUMUL-1 The project applicant or successors in interest shall be Developer will be The Department of Public Works will be IS/MND, required to pay fair-share costs of improvements at the responsible for payment responsible for review, approval and Section Hammatt A venue/Campbell Boulevard intersection as of proportional share inspection of improvements required by 3.17 described in Mitigation Measures TRANS-I and TRANS-3, costs of transportation the Livingston City Council. along with an addition of a westbound left-tum lane on improvements as required Campbell Boulevard east of Hammatt A venue, a conversion by the Livingston City of the southbound right-tum lane to a through/right-turn Council. lane, and the addition of a northbound-to-eastbound overlap phase.
CUMUL-2 The project applicant or successors in interest shall be required to pay fair-share costs of traffic signals or
Livingston Truck Stop Complex, Mitigation Monitoring/Reporting Program Table Page 2-8