Cities Index.
Agenda packet

Livingston City Council
May 20, 2025

Document
Agenda packet
Meeting
May 20, 2025
Body
Livingston City Council
Pages
356
Original file
45.8 MB
Text extracted from the city's file for reading and search. Open the original on www.cityoflivingston.org. That file is the official record.

1 CITY COUNCIL REGULAR MEETING AGENDA
MAY 20, 2025
SPECIAL MEETING: 6:00 P.M. – 7:00 P.M
REGULAR MEETING: 7:00 P.M.

WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC

PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.

ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg Notice is hereby given that the City Council will hold a Regular and Special Meeting on May 20, 2025, at the City Council Chambers, 663 Main Street, Livingston, California. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990.

Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on the day of the City Council meeting in order for them to be distributed to the Council prior to consideration of the matter.

You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes). Please include: PUBLIC COMMENT in the subject for the email. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt by 4:00 p.m., please call the City Clerk’s Office at (209) 394-8041, Ext. 121 (Note: This technology is not a guaranteed method).

Page 1 of 356 ends

2 SPECIAL MEETING

1. Call to Order

2. Roll Call

3. Pledge of Allegiance.

4. Moment of Silence – First Responders and Military Members.

5. Citizen Comments

CLOSED SESSION
A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items:
personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 663 Main Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session.

Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 633 Main Street, Livingston, California.

6. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d):

One (1) matter.

REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2025-47
Next Ordinance No.: 660
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Roll Call.

Changes to the Agenda.

CITIZEN COMMENTS
This section of the agenda allows members of the public to address the City Council on any item NOT on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening.

Page 2 of 356 ends

3 COUNTY SUPERVISOR’S ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.

CONFLICT OF INTEREST DECLARATION
Members of the City Council will declare an actual or apparent conflict of interest before discussions or decisions about any matters in which they or anyone with whom they have a close personal relationship could directly or indirectly benefit or where such a benefit could be perceived.

CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by a member of the public, the City Manager or City Council Member.

There will be no separate discussion of these items unless members of the public, City Council or City Manager request that specific items be removed. Public comment on consent agenda items shall be limited to three (3) minutes per-person regardless of the number of items contained within the consent agenda

1. Consideration Of Resolution Accepting Completion of The Main St. And 4th St. Pavement Rehabilitation Project, Authorizing The City Clerk To File A Notice Of Completion With Merced County, And Authorizing The City Manager To Make Final Payment Of Retention Monies To Consolidated Engineering, Inc. Staff Recommendation: Approve Resolution.

2. Consideration Of A Resolution To Accept Bid And Award A Contract To Taylor Backhoe Service, Inc. DBA TBS Contractors For The Construction Of The I Street Waterline Replacement Phase 2 Project, Authorizing The City Manager To Utilize A Contingency For Contract Change Orders Up To 10% Of The Contract Amount, And Authorizing The City Manager To Execute The Agreement. Staff Recommendation: Approve Resolution.

3. Consideration Of A Resolution Ratifying Emergency Equipment Procurement And Service Call To Well 17; 1) Approving The Emergency Procurement Of A New Variable Frequency Drive (VFD) And Service Call From Valley 29 Electric, LLC In The Amount Of $25,360.38; 2) Authorizing The Finance Department To Make A Supplemental Appropriation To The Water Enterprise Fund In The Amount Of $25,360.38; 3) Authorizing The City Manager To Execute All Required Documents. Staff Recommendation: Approve Resolution.

4. Consideration of a Resolution Initiating Proceedings and Ordering the Preliminary Engineer’s Report for the Annual Levy of Assessments for Fiscal Year 2025/2026 for the Livingston Benefit Assessment Districts, Approving the Engineer’s Report, Declaring the City’s Intention to Levy Annual Assessments Within Such Districts and Appointing a Time and Place for a Public Hearing. Staff Recommendation: Approve Resolution.

5. Consideration of a Resolution Initiating Proceedings and Ordering the Preliminary Engineer’s Report for the Annual Levy of Assessments for Fiscal Year 2025/2026 for the Citywide Consolidated Landscape Maintenance Assessment District No. 1, Approving the Engineer’s Report, Declaring the City’s Intention to Levy Annual Assessments for the District, and Appointing a Time and Place for a Public Hearing. Staff Recommendation: Approve Resolution.

Page 3 of 356 ends

4 6. Consideration Of A Resolution (1) Authorizing the City Manager To Execute a Professional Service Agreement With Precision Emprise LLC, DBA Precision Concrete Cutting (PCC) For The 2025 Sidewalk Trip Hazard Mitigation Phase 1 Project for a Total Project Amount Not To Exceed $31,144.66 And (2) Waive Formal Bidding Requirements as Outlined in Section 1-11-6. Staff Recommendation: Approve Resolution.

7. Consideration of a Resolution Approving A City Of Livingston Residential Development Impact Fee Deferral Covenant With Livingston B Street, L.P. For The River Glen Apartment Project. Staff Recommendation: Approve Resolution.

8. Consideration of a Resolution Approving The First Amendment To The Agreement For Sales And Use Tax/Allocation And Audit Services Economic Analysis/Forecasting And Related Services With Hinderliter De Llamas And Associates, A California Corporation And Resolution Authorizing Examination Of Use And Transactions Tax Records

PUBLIC HEARINGS

9. Consideration Of A Resolution To Adopt Addendum No. 2 To The Mitigated Negative Declaration For The City’s 1,2,3 – TCP Removal Treatment System Project (State Clearinghouse #2018091025).

Staff Recommendation: Open Public Hearing, Close Public Hearing, and Approve Resolution.

10. An Ordinance of the City Council of the City of Livingston Repealing And Replacing The Entire City Of Livingston Municipal Code Staff Recommendation: Waiver First Reading of the Ordinance by Title and Approve Ordinance.

DISCUSSION AND POTENTIAL ACTION ITEMS

11. Consideration of a Resolution Establishing the Measure L Citizens’ Oversight Committee and Making it a Seven Member Committee. Staff Recommendations: Approve Resolution.

12. Discussion And Direction Regarding Amending The City Of Livingston Municipal Code Governing City Council Meeting Start Time.

13. Discussion And Direction Regarding Preparing An Amendment To The City Of Livingston Municipal Code Governing Term Limits For City Council Members.

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.
• Anthony Chavarria, Public Works Director – Public Works Department Update.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

Page 4 of 356 ends

5 Robert Wallis
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board –Robert Wallis, Representative and Japjeet Uppal, Alternative.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
• Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

Jason Roth
• Merced County Local Agency Formation Commission (LAFCO) Jason Roth, Representative. • Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.

Japjeet Uppal
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Robert Wallis, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.
• Merced Integrated Regional Water Management Plan (MIRWMA) – Japjeet Uppal, Representative and Robert Wallis, Alternate Representative. • Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.

Jose Moran
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

ADJOURNMENT

Page 5 of 356 ends
Page 1 of 2 ends

STAFF REPORT
AGENDA ITEM: Adopt a Resolution Accepting Completion of the Main St. and 4th St.

Pavement Rehabilitation Project, Authorizing the City Clerk to file a Notice of Completion with Merced County, and Authorizing the City Manager to make Final Payment of Retention Monies to Consolidated Engineering, Inc.

MEETING DATE: May 20, 2025
PREPARED BY: Mario Gouveia, City Engineer
REVIEWED BY: José A. Ramírez, City Manager
RECOMMENDATION:

Staff recommends Council adopt a Resolution accepting completion of the Main St. and 4th St.

Pavement Rehabilitation Project, Authorizing the City Clerk to file a Notice of Completion with Merced County, and Authorizing the City Manager to Make Final Payment of Retention Monies to Consolidated Engineering, Inc.

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.

Following a public bidding process, on March 18, 2025 Council awarded a contract to Consolidated Engineering, Inc. in the amount of two hundred forty-six thousand six hundred seventy dollars and ninety-five cents ($246,670.95) with a ten percent (10%) contingency, and entered into an Agreement on March 20, 2025.

The project’s construction phase started April 14, 2025 and the major work consisted of rehabilitating Main Street and 4th Street in the City of Livingston by pulverizing, planing, and repaving.

The Contractor completed all work and the Public Works Department and the City Engineer have completed a final inspection and the work was found to be in compliance with the plans and specifications.

Therefore, the work should be accepted as complete and a Notice of Completion filed with Merced County. If no claims are filed within 35 days after recordation, the retention in the amount of twelve thousand six hundred one dollars and three cents ($12,601.03) should be paid to Consolidated Engineering, Inc.

FISCAL IMPACT:

The City issued one Change Order in the amount of five thousand three hundred forty-nine dollars and seventy-four cents ($5,349.74) to adjust the final contract price based on Final Quantities. The final construction contract cost inclusive of all authorized work was two hundred fifty-two thousand twenty dollars and sixty-nine cents ($252,020.69).

A summary of contract costs are as follows:

Page 6 of 356 ends
Page 2 of 2 ends

PROJECT COST SUMMARY
Contract Amount $ 246,670.95
Change Order No. 1 (Balancing Change Order) $ 5,349.74
Actual Construction Cost $ 252,020.69

1. Funding for this project was encumbered in fiscal year 2024/2025 and will be expended from the RMA funds and Measure V funds.

ATTACHMENTS:

1. Resolution

2. Notice of Completion

Page 7 of 356 ends
Page 1 of 2 ends

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ACCEPTING COMPLETION OF THE MAIN ST. AND 4TH ST. PAVEMENT REHABILITATION PROJECT,

AUTHORIZING THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH MERCED

COUNTY, AND AUTHORIZING THE CITY MANAGER TO MAKE FINAL PAYMENT OF RETENTION MONIES TO CONSOLIDATED ENGINEERING, INC.

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, On March 18, 2025 Council awarded a contract to Consolidated Engineering, Inc. in the amount of two hundred forty-six thousand six hundred seventy dollars and ninety-five cents ($246,670.95) with a ten percent (10%) contingency; and WHEREAS, the City of Livingston entered into an Agreement on March 20, 2025 with Consolidated Engineering, Inc.; and
WHEREAS, The project’s construction phase started April 14, 2025; and WHEREAS, Consolidated Engineering, Inc. completed all the work and the Public Works Department and City Engineer have completed a final inspection of the Project and recommend the final acceptance; and
WHEREAS, the City issued one Change Order in the amount of five thousand three hundred forty-nine dollars and seventy-four cents ($5,349.74) to adjust the final contract price based on Final Quantities; and
WHEREAS, The final construction contract cost inclusive of all authorized work was two hundred fifty-two thousand twenty dollars and sixty-nine cents ($252,020.69); and WHEREAS, upon approval of the final acceptance of the Project by the City Council, the City Clerk will file a Notice of Completion with Merced County; and WHEREAS, the City Manager will release retention monies in the amount of twelve thousand six hundred one dollars and three cents ($12,601.03) due to Consolidated Engineering, Inc. thirty-five (35) days after the recording date; 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.

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- accepting the Main St. and 4th St. Pavement Rehabilitation Project as complete.

3. Authorize the City Clerk to file a Notice of Completion with Merced County.

4. Authorize the City Manager to release retention money 35 days after the recording of the Notice of Completion.

5. This Resolution will become effective immediately.

Page 8 of 356 ends

---

Page 2 of 2 ends

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 20th day of May, 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

Page 9 of 356 ends

---
RECORDING REQUESTED BY:

City Clerk
City of Livingston
WHEN RECORDED RETURN TO:

City of Livingston
1416 “C” Street
Livingston, CA 95334

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

1. That the interest of estate stated in paragraph 3 below in the real property hereinafter described is owned by the following:

NAME STREET AND NO. CITY STATE
City of Livingston 1416 “C” Street Livingston California (if more than one owner of the interest stated, the name and address of each must be inserted)

2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.

3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.

4. That on the 2nd day of May, 2025 a work of improvement on the real property hereinafter described was completed.

5. That the name of the original contractor, if any for such work of improvement was:

Consolidated Engineering, Inc.
(If no contractor for work of improvement as a whole, insert “No Contractor”)

6. That the real property herein referred to is situated in the City of Livingston, County of Merced, State of California, and is described as follows:
4th Street from Park Street to F Street, and a portion of Main Street North of Newcastle Drive in the City of Livingston Pavement Rehabilitation
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

June 3, 2025 By:

Date Signature of Owner
José A. Ramírez, City Manager
City of Livingston
Print Name

VERIFICATION
I understand, state:

I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed at Livingston, California City of Livingston
This 3rd day of June, 2025. Owner
By:

José A. Ramírez, City Manager
City of Livingston

Page 10 of 356 ends

STAFF REPORT
AGENDA ITEM: Resolution of the City Council of the City of Livingston to accept Bid and Award a Contract to Taylor Backhoe Service, Inc. dba TBS Contractors for the construction of the I Street Waterline Replacement Phase 2 Project, authorizing the City Manager to utilize a contingency for contract change orders up to 10% of the contract amount, and authorizing the City Manager to execute the Agreement.

MEETING DATE: May 20, 2025
PREPARED BY: Mario Gouveia, City Engineer
REVIEWED BY: José A. Ramírez, City Manager
RECOMMENDATION:

Staff recommends that the City Council of the City of Livingston adopt Resolution No. 2025- , accepting the low bid from Taylor Backhoe Service, Inc. dba TBS Contractors in the amount of ninetyeight thousand two hundred sixty dollars and sixty cents ($98,260.00) for the construction of the I Street Waterline Replacement Phase 2 Project, authorizing a contingency for contract change orders up to 10% of the contract amount, and authorizing the City Manager to execute the Agreement.

BACKGROUND:

The City of Livingston (City) identified a waterline in need of replacement on I Street between the alley east of 1st Street and the alley to the east of 2nd Street. The project will replace approximately 335 linear feet of waterline with new PVC C900 waterline and will include 2 water valves, 1 fire hydrant transfer, and surface repairs.

DISCUSSION:

Following a public bidding process, the project was advertised in the Merced Sun Star on April 9, 2025, April 16, 2025, and April 23, 2025. The City received a total of seven (7) bids that were opened and read aloud at 2:00 p.m. on April 29, 2025 at the City of Livingston City Hall, this being the advertised bid opening date and time. The bids were reviewed by the City Engineer and the lowest responsible and responsive bid was submitted by Taylor Backhoe Service dba TBS Contractors. The bid results were as listed below:

Contractor Bid
Taylor Backhoe Service, Inc. dba TBS Contractors $ 98,260.60 Fortis General Construction, Inc. $ 100,915.00
United Pavement Maintenance, Inc. $ 110,740.00
Mid Cal Pipeline & Utilities, Inc. $ 113,500.00
Rolfe Construction, Inc. $ 125,105.00
Lawrence Backhoe Services, Inc. $ 137,185.00
Allen A. Waggoner Construction, Inc. $ 204,054.00
Engineer’s Estimate $ 141,350.00

Page 11 of 356 ends
Page 2 of 2 ends

Staff recommends that a Contract be awarded to Tayor Backhoe Service, Inc. dba TBS Contractors in the amount of ninety-eight thousand two hundred sixty dollars and sixty cents ($98,260.00), with an additional ten percent (10% contingency).

FISCAL IMPACT:

The funding for this project was approved for Fiscal Year 2024/2025 Budget. The I Street Waterline Replacement Project will be funded using water capital funds.

ATTACHMENTS:

1. Resolution

2. Contractor’s Bid

3. Abstract of Bids

4. Agreement

Page 12 of 356 ends
Page 1 of 3 ends

RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON TO ACCEPT BID AND AWARD A CONTRACT TO TAYLOR BACKHOE SERVICE, INC. DBA TBS

CONTRACTORS FOR THE CONSTRUCTION OF THE I STREET WATERLINE REPLACEMENT PHASE 2 PROJECT, AUTHORIZING THE CITY MANAGER TO UTILIZE A CONTINGENCY FOR CONTRACT CHANGE ORDERS UP TO 10% OF

THE CONTRACT AMOUNT, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT
WHEREAS, the City of Livingston has identified a waterline in need of replacement on I Street between the alley east of 1st Street and the alley to the east of 2nd Street; and WHEREAS, the Invitation to Bid for the I Street Waterline Replacement Phase 2 Project was advertised in the Merced Sun Star on April 9, 2025, April 16, 2025, and April 23, 2025; and WHEREAS, a total of seven (7) bids were received and read aloud at 2:00 p.m. on April 29, 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
Taylor Backhoe Service, Inc. dba TBS Contractors $ 98,260.60 Fortis General Construction, Inc. $ 100,915.00
United Pavement Maintenance, Inc. $ 110,740.00
Mid Cal Pipeline & Utilities, Inc. $ 113,500.00
Rolfe Construction, Inc. $ 125,105.00
Lawrence Backhoe Services, Inc. $ 137,185.00
Allen A. Waggoner Construction, Inc. $ 204,054.00
WHEREAS, the Engineer’s Estimated was $141,350.00; and
WHEREAS, the bids have been reviewed by the City Engineer and Taylor Backhoe Service, Inc. dba TBS Contractors submitted the lowest responsive and responsible bid; and WHEREAS, funding for this project was encumbered in fiscal year 2024/2025 and will be expended from the water capital funds; and
WHEREAS, The City Council of the City of Livingston accepts the bid from Taylor Backhoe Service, Inc. dba TBS Contractors and now desires to 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 foregoing recitals are true and correct and incorporated by reference.

2. The City Council of the City of Livingston does hereby accept the bid of Taylor Backhoe Service, Inc. dba TBS Contractors, as noted above, and finds that Taylor Backhoe Service, Inc. dba TBS Contractors, is the lowest responsive and responsible bidder.

3. The City Council further awards the construction contract to Taylor Backhoe Service, Inc. dba TBS Contractors, in the total bid amount of bid amount of ninety-eight

Page 13 of 356 ends

Resolution No.

Page 2 of 2 ends
Page 2 of 3 ends

thousand two hundred sixty dollars and sixty cents ($98,260.00), for the I Street Waterline Phase 2 project, which construction contract is attached hereto as Exhibit “A” and subject to a 10% contingency, and finds that said award is in the best interest of the City.

4. The City Council authorizes the City Manager to utilize a contingency for contract change orders up to 10% of the contract amount, and authorizes the City Manager to execute the agreement for construction of the I Street Waterline Replacement Phase 2 Project.

5. This Resolution is effective upon adoption.

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 20th day of May, 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Jose A. Moran, Mayor
of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
________________________
Roy C. Santos, City Attorney

Page 14 of 356 ends
Page 15 of 356 ends

BID TO:

PROJECT:

BID DATE:
1605 E Gerard Ave, Merced, CA 95341
Phone (209) 384-8424 I Fax (209) 384-7629
City of Livingston
City Clerk Office
1416 C Street
Livingston, CA 95334
oorn@(§O\YJ[§@
APR 2 9 2025
\'.l\'J A~
City of Livingston
I Street Waterline Replacement Phase 2
Tuesday, April 29, 2025 at 2:00PM

Page 16 of 356 ends

PROPOSAL TO THE CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS
NAME OF BIDDER Taylor Backhoe Service, Inc. dba TBS Contractors BUSINESS P.O. BOX _N;;_c.;;_ /A.;;.__ _________________ _ CITY, STATE, ZIP _N_/A ___________________ _
( Please include even if P. 0 . Box used)
BUSINESS STREET ADDRESS 1605 E. Gerard Avenue - - ---------------- CITY, STATE, ZIP Merced CA 95341
TELEPHONE NO.: AREA CODE ( 209 ) _35_5_-8_4_24 ________ _ _ _ FAX NO.: AREA CODE ( 209 ) .:.... 35;;_5_-7.;...;6;.._2.;;_9 __________ _ CONTRACTOR LICENSE NO.: 810520
------ -------------
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 APRIL, 2025 and are entitled:
640.35

CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS

CONTRACT DOCUMENTS

FOR CONSTRUCTION OF
I STREET WATERLINE REPLACEMENT PHASE 2
BID 1 of13

Page 17 of 356 ends

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 LIVINGSTON's 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 640.35
BID 2-13

Page 18 of 356 ends

is accepted, that he will contract with the CITY of LIVINGSTON, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefore the following prices, to wit:

CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS

BID SCHEDULE
I STREET WATERLINE REPLACEMENT PHASE 2

ITEM ESTIMATED UNIT ITEM
NO. BID ITEM DESCRIPTION QUANTITY PRICE TOTAL
1 Mobilization 1 LS $ 4!375.00 $ 4,375.00
*(Item 1 not to exceed $5,000.00) *(See Note)
2 Traffic Control Plan 1 LS $ 1 !875.00 $ 1,875.00
**(Item 2 not to exceed $2,500.00) **(See Note)
3 Furnish and Install 6-lnch Waterline 335 LF $ 188.43 $ 63,124.05 4 Furnish and Install 6-lnch Water Valve 2 EA $ 4!635.00 $ 9.270.00 5 Transfer Fire Hydrant 1 EA $ 61511.65 $ 6,511.65
6 Furnish and Place Asphalt Concrete 30 TN $ 436.83 $ 13,104.90 TOTAL BID $ 98 260.60
NOTE: "TOTAL BID" is only on the last page of the Bid Schedule List 640.35
BID 3-13

Page 19 of 356 ends

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.

Bid Item
No.
640.35
Description of Work to be Performed
Percent
of Total I Subcontractor's
Contract License No.

Dept. of
Industrial
Relations (DIR)
Reqistration No.

Subcontractor's Name and Address
BID 4-13

Page 20 of 356 ends

STATEMENT OF QUALIFICATIONS
Experience
Bidder shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
1 2 3
Billy Wright Landfill: East Avenue Pump Juniper Elementary Project Title Leachate Pump Station Station School Field Drainage - Civil Improvement
Merced County Regional Atwater Elementary Public Agency Waste Management City of Livingston School District Authority 7040 N. Hwy. 59 2238 Walnut A venue
661 E. Juniper
Address Merced, CA 95348 Livingston, CA 95334 Avenue Atwater, CA 95301
Telephone No. (209) 723-4481 (209) 648-0408 (559) 437-0887 Engineer in Charge Roy Lopez Nick Fontaine Jamie Hickman Project Value($) $100,000.00 $163,931.38 $101,264.00
Date Accepted 11/8/2023 7/12/2024 11/25/2024
Claims Filed?
No No No
If yes explain
below:
640.35
BID 5-13

Page 21 of 356 ends

(THE BIDDER'S EXECUTION ON THE S/GNA TURE 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 _ __ T_a~y'-l_or_B_ ac_kh_ o_e_S_e_rv_ic_e_In_ c._d_b_a_T_B_S_C_o_n_tr_a_c_to_r_s __ , proposed subcontractor(s) ND 5 ld:Xtinin1 etc r--0
(list Subcontractor(s) above)
hereby certifies that he
!XI has
D has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 640.35
BID6-13

Page 22 of 356 ends

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
Ix] 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
Ix] No
If the answer is yes, explain the circumstances in the following space.

NIA
640.35
BID 7-13

Page 23 of 356 ends

Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

CONTRACTOR'S CERTIFICATION REGARDING WORKERS'

COMPENSATION INSURANCE
State of California
County of _M_er_c_e_d _ _______ _
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.

Taylor Backhoe Service Cnc. dba TBS Contractor
(Name of Contractor)
By: 1;,,ndrew Taylor, Vice President
/I.~
{_;,,F
(Authorized Signature of Contractor)
Date: 04/29/2025
640.35
BID8-13

Page 24 of 356 ends

640.35
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.

BID9-13

Page 25 of 356 ends

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. 640.35
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

Page 26 of 356 ends

Accompanying this proposal is _B_i_d_d_e_r'_s_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,· ifa copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.

Janet Taylor, President, Secretary
Andy Taylor, Vice President, Treasurer
Jacob Taylor, Vice President William Levi Dukes, Vice President Licensed in conformance with an act providing for the registration of Contractors, License No. 810520 ----'-----'--"---------- Classification(s) _A~, B~ , C_ -2_1 ______ _ Department of Industrial Relations (DIR) Registration No. _1_0_0_0_5_9_7_0_5_5 ________ _

ADDENDA
This Proposal is submitted with respect to the changes to the contract included in Addenda Number/s No Addenda Issued
(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). 640.35
Date: April 29 2025
Sian
-i~
" nere
Andrew Taylor
Vice President
Authorized Signature and Title of Bidder
Business Address 1605 E. Gerard Avenue Merced, CA 95341 Place of Business l 605 E. Gerard Avenue Merced. CA 95341 Place of Residence 1605 E. Gerard Avenue Merced, CA 95341 BID 11-13

Page 27 of 356 ends

BID BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

BIDDER (Name and Address)
Taylor Backhoe Service, Inc. dba TBS Contractors
1605 E Gerard Ave
Merced, CA 95341
OWNER (Name and Address):

City of Livingston
2238 Walnut Ave.

Livingston, CA 95334
BID
Bid Due Date: April 29th, 2025
SURETY (Name, and Address of Principal Place
of Business):

The Ohio Casualty Insurance Company
175 Berkeley Street
Boston, MA 02116
Description: (Project Name and I Street Waterline Replacement Phase 2 Location)
BOND
Bond
Number: NIA
Date: April 25th, 2025
Penal
Sum: Ten Percent of the Total Amount Bid $ (10% of the total amount 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
Taylor Backhoe Service, Inc. dba TBS Contractors (Seal) By: Biz,~rate Seal
The Ohio Casualty Insurance Company (Seal)
Surety's Name and Corporate Seal
By:

Signature
A"'ch"tw :k~o'f
Print Name
Cassandra Medina
Print Name
Attorney-in-Fact
Title Title
Attest:

Signature
Title
Note: Addresses are to be used for giving any required notice.

Provide execution by any additional parties, such as joint venturers, if necessary. 640.35
BID 12-13

Page 28 of 356 ends

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. 640.35
BID 13-13

Page 29 of 356 ends

NEVADA NOTARY ACKNOWLEDGMENT

THE STATE OF NEVADA
COUNTY OF Washoe ---- -------
This instrument was acknowledged before me on ____ A-=p--'-'-ri;_I 2....;;. 5_,_, 2..c..;0;_2...;_5 __ _ (date) by Cassandra Medina , (name of person).
&tu~c~
Notary Public Signature
Print ____ B_r_ea_n_n_a _B_oa_tr_.ig._h_t __ _
Title ____ _ N_ot_a....._ry_P_u_bl_ic ___ _
8 BREANNA BOATRIGHT
Notary Public
State of Nevada
Appl. No 20-1882-02
My Appl. Expires November 12, 202A
(Seal)

Page 30 of 356 ends

ui
(I)
.lE
~LibertY,
~ Mutual.

SURETY

POWER OF ATTORNEY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
Certificate No: 8213345 - 971829
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Bill Rapp, Brad Espinosa, Breanna Boatright, Cassandra Medina, Deanna Quintero, Dineen Fraser, Elizabeth Collodi, James Anthony ommcndatorc, Jason March, Jennifer uikmann, John Hopkins, John Weber, Kathleen .Le, Kris Lopes. Matthew foster, Mike Taylor, Mmdy Whuchousc, Pam Sey, Paula Senna, Peggy Trusty, Phil Watkins, Samantha Watkins, Sara Walliser, Sharon Smith. Steven L. Will 11111s, Tony Clark all of the city of Chico state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this --1l!!.!_ day of March , ~-
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
., 1ff.#JL- C
_ ~ Nathan J. Zanger1e, Assistant Secretary 'a ro State of PENNSYLVANIA !{f E:

Q> 6J County of MONTGOMERY 55
~
:s ~ ~
~ ~ On this _____ll!!:!._ day of March , 2025 before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance g' :: ni Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing Instrument for the purposes ·s ii therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~ ! ~ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. ~ ·- row > .Q ~ Commonwealth of PeMsylllMia - N<>!,lry Se~I
.....,
Q) Q
Q)
Teresa Paslella, Notary Public ,,J-...... d ~ Montgomery County f//., ~ ~ ~ _ l // -I- J J/ C: O.,. <1l ~ ~ My coCommiSS!OII mmission expires
number March 1126044
28, 2029 By: 4-~-----
- -'/1.4,,l{.,Uµ-~ ~-----------n .e! (I);:; 1b ~\.~~~ ~ Momoei. P<nnsytvo!UI Assoaahon of Notanes Teresa Pastella, Nolary Public ~ g>:3 '1',qqy ~ ~ 5 .g> 2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance ~ ~ ~ .S_ Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ~ ~ ._ $ ARTICLE IV- OFFICERS: Section 12. Power of Attorney. a..~ S ~ Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President l5 6 ;g u may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all i co ~ ~ undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full ~ ~ 0 t: power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall B $ z i3 be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this ~ ffl article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ~ ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.

Any officer of the Company authorized for that purpose in writing by the chainman or the president, and subject to such limitations as the chainman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.

Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such attorneys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that racslmRe or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a fuil, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals or said Companies this 25th day of April , ~ - ~t<,- By:=-..... ~ --=-...,..,....---,,-,---,-,-.,...,,...---,-------- Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Mulli Co 02124

Page 31 of 356 ends

CALIFORNIA NOTARY ACKNOWLEDGEMENT
{INDIVIDUAL)
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 ~M~-f~rr~J __ _
On DL\\ 15 \ 101'5 before me, s Bloom, Nolary Public (insert name and title of the officer), personally appeared A n d.;t 1<.ylo,J v . ?. , who proved to me on the basis of satisfactory evidence to be the person(.srwhose namekStis.taf&-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/-Aer/their authorized capacity.~ and that by histAer/ti'lelr signature{.sYon the instrument the person-'8), or the entity upon behalf of which the personMacted, 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.
(Seal)
Copyright© 2018 NotaryAcknowledgement.com. All Rights Reserved. ........ f

8. illO0M
Notary Pub,1c • C•llfornia z
Merc~c! County l:

Commfssior, • 2•0 1881 -
y Comm. Expir~\ -p• • 2026

Page 32 of 356 ends

1605 East Gerard Ave., Merced CA 95341
Phone (209) 384-8424 j Fax (209) 384-7629
Authorized Officers
Resolution
Resolved, that any one of the following persons, with titles as designated, are authorized and directed to execute on behalf of and as the act of this corporation all bids, contract and other documents necessary.

Janet Taylor, President, Secretary
Andy Taylor, Vice President, Treasurer
Jacob Taylor, Vice President
William Dukes, Vice President
Certificate of Secretary
I certify that:

I am duly qualified and acting Secretary of Taylor Backhoe Service, Inc., a California Corporation.

The foregoing is a true copy of a resolution duly adopted by the Board of Directors of the corporation at a regular meeting duly held on October 1, 2018 entered in the minutes of such meeting in the minute book of the corporation.

The resolution is in conformity with the articles in incorporation and bylaws of the corporation, has never been modified or repealed, and is now in full force and effect.

Dated March 3, 2022
Janet~:7

Page 33 of 356 ends

CALIFORNIA NOT ARY ACKNOWLEDGEMENT
(INDIVIDUAL)
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 _._Mt .J<.:.:1~'-=-----
On OGrll~ IUJ?,H before me, a. B1oom. t1owvPub11c (insert name and title of the officer), personally appeared 'Tuottt::1u~lcr , who proved to me on the basis of satisfactory evidence to be the person(.sfwhose namefs}is/a,e subscribed to the within instrument and acknowledged to me that-Ae/she/tiAey- execute.9 the same in"ffle/her/tl:leir authorized capacity~). and that by msther/tAeir signature"6) on the instrument the perso~ or the entity upon behalf of which the person(Sf 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.
(Seal)
Copyright© 2018 NotaryAcknowledgement.com. All Rights Reserved. ········~ 8. BLOOM
Noury Publlc • C61lforn1a :

Merced County $'
Commission = l401 88 I •
~ Comm . bpitM AP' l 4. 20Z6

ABSTRACT OF BIDS FOR

CITY OF LIVINGSTON
I Street Waterline Replacement Phase 2
Bid Opening: April 29, 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 5,000.00 5,000.00 4,375.00 4,375.00 4,000.00 4,000.00 5,000.00 5,000.00 5,000.00 5,000.00 2 1 LS 2,500.00 2,500.00 1,875.00 1,875.00 2,000.00 2,000.00 2,500.00 2,500.00 2,500.00 2,500.00 3 335 LF 310.00 103,850.00 188.43 63,124.05 115.00 38,525.00 205.00 68,675.00 203.00 68,005.00 4 2 EA 4,000.00 8,000.00 4,635.00 9,270.00 10,875.00 21,750.00 1,765.00 3,530.00 3,500.00 7,000.00 5 1 EA 7,000.00 7,000.00 6,511.65 6,511.65 13,400.00 13,400.00 6,585.00 6,585.00 9,600.00 9,600.00 6 30 TN 500.00 15,000.00 436.83 13,104.90 708.00 21,240.00 815.00 24,450.00 1,100.00 33,000.00 $141,350.00 $98,260.60 $100,915.00 $110,740.00 $125,105.00 National Concrete Cutting
No. Unit Price Amount Unit Price Amount Unit Price Amount 1 1 LS 5,000.00 5,000.00 50,000.00 50,000.00 4,560.00 4,560.00 2 1 LS 2,500.00 2,500.00 2,500.00 2,500.00 2,333.00 2,333.00 3 335 LF 261.00 87,435.00 200.00 67,000.00 441.00 147,735.00 4 2 EA 6,100.00 12,200.00 4,000.00 8,000.00 4,797.00 9,594.00 5 1 EA 9,800.00 9,800.00 7,000.00 7,000.00 13,942.00 13,942.00 6 30 TN 675.00 20,250.00 800.00 24,000.00 863.00 25,890.00 $137,185.00 * $158,500.00 $204,054.00
Cal West Concrete Cutting Cole Sawcutting
Hart Paving and Grading Ransome Co.

Safety Network CVE Demolition
* Corrected Total
Subcontractors Listed:

Atwater, CA 95301 Hughson, CA 95326
Item Description
Quantity
and Unit
Merced, CA 95341
Fortis General Construction Inc. United Pavement Maintenance Inc. 170 Kelly Court PO Box 1017
Furnish and Place Asphalt Concrete

BID TOTAL
Engineer's Estimate
Atwater, CA 95301
3573 Southern Pacific Avenue
Rolfe Construction, Inc.
1605 E. Gerard Avenue
TBS Contractors
Transfer Fire Hydrant
Mobilization
Traffic Control Plan
Furnish and Install 6-Inch Waterline
Furnish and Install 6-Inch Water Valve
Lawrence Backhoe Service, Inc. Mid Cal Pipeline & Utilities, Inc. Allen A. Waggoner Construction, Inc. 2985 A Street PO Box 2406 1012 S. Acacia Avenue
Ripon, CA 95366
Quantity
Mobilization
Traffic Control Plan
Furnish and Install 6-Inch Waterline
Merced, CA 95344
Transfer Fire Hydrant
Furnish and Place Asphalt Concrete
Item Description
Subcontractors Listed:

BID TOTAL
Atwater, CA 95301
Furnish and Install 6-Inch Water Valve

Page 34 of 356 ends

640.35
Project Name/No.: I Street Waterline Replacement Phase 2 Contract No.: 640.35-2025 Project Manager: Jose A. Ramirez, City Manager Approved: ______________ 01424.0001/923138.1 1

PUBLIC WORKS AGREEMENT

BETWEEN CITY OF LIVINGSTON AND
TAYLOR BACKHOE SERVICE, INC. DBA TBS CONTRACTORS
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 Taylor Backhoe Service, Inc. dba TBS Contractors, a corporation (“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 I Street Waterline Replacement Phase 2 (“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,

Page 35 of 356 ends

-2- 01424.0001/923138.1
General Provisions, Special Provisions, Plans, Drawings, and Addenda, and any other documents included, referenced, or incorporated therein. The Bid Documents are incorporated into this 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

Page 36 of 356 ends

-3- 01424.0001/923138.1
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. (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

Page 37 of 356 ends

-4- 01424.0001/923138.1
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.

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

Page 38 of 356 ends

-5- 01424.0001/923138.1
contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

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.

Page 39 of 356 ends

-6- 01424.0001/923138.1

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 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

Page 40 of 356 ends

-7- 01424.0001/923138.1
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. (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.

Page 41 of 356 ends

-8- 01424.0001/923138.1
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 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 ninety-eight thousand two hundred sixty dollars and sixty cents ($98,260.60) 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.

Page 42 of 356 ends

-9- 01424.0001/923138.1
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.

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 fifteen (15) 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 eight hundred Dollars and zero cents ($800.00) 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.

Page 43 of 356 ends

-10- 01424.0001/923138.1

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 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

Page 44 of 356 ends

-11- 01424.0001/923138.1
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.

4.3 Project Manager.

The Project Manager shall be José A. Ramírez, 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.

Page 45 of 356 ends

-12- 01424.0001/923138.1
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 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.

Page 46 of 356 ends

-13- 01424.0001/923138.1
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 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

Page 47 of 356 ends

-14- 01424.0001/923138.1
City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(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

Page 48 of 356 ends

-15- 01424.0001/923138.1
results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
(r) Endorsements.

5.3 Indemnification.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers (each, an “Indemnitee”) from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability

Page 49 of 356 ends

-16- 01424.0001/923138.1
involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance, Labor, and Warranty Bonds.

Concurrently with execution of this Agreement, Contractor shall deliver to the City the following bonds:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.
(b) A labor and materials bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1. (c) A warranty bond, guaranteeing the Contractor’s warranty under Section 1.9 of this Agreement, in an amount not less than 20% of the total compensation for this Agreement, as stated in Section 2.1.

All bonds shall be on a form approved by the City Clerk. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds required in Section 5.5 may be changed accordingly upon receipt of written notice from the City.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements

Page 50 of 356 ends

-17- 01424.0001/923138.1
charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

Page 51 of 356 ends

-18- 01424.0001/923138.1

6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Merced, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in the County of Merced, State of California.

7.2 Termination.

This Agreement may be terminated in accordance with Section 6-7 and 6-8 of the 2018 Edition of the Standard Specifications for Public Works Construction (the Greenbook).

Page 52 of 356 ends

-19- 01424.0001/923138.1

7.3 Dispute Resolution Process.

Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

For purposes of these procedures, “claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.

The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) 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.

Page 53 of 356 ends

-20- 01424.0001/923138.1
(i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

Page 54 of 356 ends

-21- 01424.0001/923138.1
(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 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.

Page 55 of 356 ends

-22- 01424.0001/923138.1
(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies Are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Unfair Business Practices Claims.

Pursuant to Public Contract Code section 7103.5, in entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties.

Page 56 of 356 ends

-23- 01424.0001/923138.1
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

Page 57 of 356 ends

-24- 01424.0001/923138.1
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.

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

Page 58 of 356 ends

-25- 01424.0001/923138.1
decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.7 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

9.8 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

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

Page 59 of 356 ends

-26- 01424.0001/923138.1
///
///
///
///
///
CITY:

CITY OF LIVINGSTON, a California
Municipal Corporation.
__________________________________
José A. Ramírez, City Manager
CONTRACTOR:

TAYLOR BACKHOE SERVICE, INC.

DBA TBS CONTRACTORS
*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.

Page 60 of 356 ends

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.

Page 61 of 356 ends

□
□
□
□
□
□
□
□
□
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.

Page 62 of 356 ends

□
□
□
□
□
□
□
□
□
01424.0001/923138.1 A-1

EXHIBIT A
CONTRACTOR’S BID

Page 63 of 356 ends

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.

Page 64 of 356 ends
Page 1 of 2 ends

STAFF REPORT
AGENDA ITEM: Resolution of the City Council of the City of Livingston Ratifying Emergency Equipment Procurement and Service Call to Well 17; 1) Approving the Emergency Procurement of a New Variable Frequency Drive (VFD) and Service Call from Valley 29 Electric, LLC in the Amount of $25,360.38; 2) Authorizing the Finance Department to Make a Supplemental Appropriation to the Water Enterprise Fund in the Amount of $25,360.38; 3) Authorizing the City Manager to Execute All Required Documents MEETING DATE: May 20, 2025
PREPARED BY: Anthony Chavarria, Public Works Director
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution of the City Council of the City of Livingston ratifying emergency equipment procurement and service call to Well 17; 1) approving the emergency procurement of a new Variable Frequency Drive (VFD) and service call from Valley 29 Electric, LLC in the amount of $25,360.38; 2) authorizing the Finance Department to make a supplemental appropriation to the Water Enterprise Fund in the amount of $25,360.38; 3) authorizing the City Manager to execute all required documents.

BACKGROUND:

On April 13, 2025, staff identified significant operational issues with Well 17 due to the VFD frequently faulting. Upon investigation by Telstar, it was determined that the failure of the external cabinet fans housing the VFD was causing inadequate heat displacement, leading to the faulting Issue.

Despite replacing the malfunctioning external cabinet fans on April 23, 2025, the VFD continued to experience issues. Staff engaged Telstar and the manufacturer's technician for further troubleshooting.

Telstar proposed two remedial options:

1. Replace internal VFD components at an estimated cost of $9,700 for parts only, with no guarantee of a solution.

2. Procure a new VFD of the same model, priced at $52,600 for the VFD unit alone, with a twoweek procurement timeline.

Alongside, staff sought additional quotes and contacted Valley 29 Electric, LLC, Valley 29 proposed using a different VFD manufacturer that had the correct sized VFD in stock. Valley 29 Electric, LLC offered a complete replacement (including labor) at $25,360.38, with immediate installation availability.

Staff requested a quote from ICAD which was received via email on Friday, May 2, 2025, at 2:08 p.m. the amount was $33,659.30 for parts and labor, with a two-to-four-week lead time. Valley 29 Electric, LLC's ability to provide an immediate solution and handle same-day installation was a deciding factor,

Page 65 of 356 ends
Page 2 of 2 ends

especially given the pressing need for consistent water pressure because of warming weather and Well 17's key role in our water supply.

Deeming this situation an emergency procurement scenario, in line with the City of Livingston municipal code 1-11-6 (a). Which allows the waiver of formal bid procedures for urgent needs that protect life, health, or property, Staff authorized Valley 29 Electric, LLC to proceed with securing and installing the new VFD for Well 17.

The delay associated with other suppliers, offering lead times of two-to-four weeks, was incompatible with the urgency necessitated by these conditions. This approach was thoroughly discussed with our legal counsel to ensure compliance and appropriateness of the decision to safeguard the community's water supply infrastructure.

DISCUSSION:

The Livingston Municipal Code requires formal bidding procedures for all purchases over $10,000 unless the formal bidding process is undesirable, impossible, unavailing, or incongruous as determined by the City Manager. Section 1-11-6 waiver of formal bid procedures of the Municipal Code states that formal bid procedure of items over $10,000 can only be waived if the purchase is (A) Of urgent necessity for the preservation of life, health or property, (B) Waived by Council resolution passed by at least four affirmative votes; and/or (C) Available from only one source. Sole source must be adequately justified.

Staff deemed this an emergency procurement scenario and of urgent necessity for the preservation of life, health or property due to the high demand of water, and VFD fan issues with Well 17 at the time, it was critical to procure and install the new variable frequency drive to maintain consistent water pressure to meet demand.

FISCAL IMPACT:

Staff is requesting a supplemental appropriation to the Water Enterprise Fund in the amount of $25,360.38, for budget FY2024-2025 (2100-810-4392).

ATTACHMENTS:

1. Resolution No. 2025-__

2. Exhibit A Valley 29 Electric, LLC Customer Service Report and Invoice

3. Exhibit B ICAD AUTOMATION Quote

Page 66 of 356 ends
Page 1 of 2 ends

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON RATIFYING EMERGENCY EQUIPMENT PROCUREMENT AND SERVICE CALL TO WELL 17; 1)

APPROVING THE EMERGENCY PROCUREMENT OF A NEW VARIABLE FREQUENCY DRIVE (VFD) AND SERVICE CALL FROM VALLEY 29 ELECTRIC, LLC IN THE AMOUNT OF $25,360.38; 2) AUTHORIZING THE FINANCE DEPARTMENT TO MAKE A

SUPPLEMENTAL APPROPRIATION TO THE WATER ENTERPRISE FUND IN THE AMOUNT OF $25,360.38; 3) AUTHORIZING THE CITY MANAGER TO EXECUTE ALL

REQUIRED DOCUMENTS
WHEREAS, on April 13, 2025, staff identified significant operational issues with Well 17 due to the VFD frequently faulting and upon investigation by Telstar, it was determined that the failure of the external cabinet fans housing the VFD was causing inadequate heat displacement, leading to the faulting Issue; and
WHEREAS, despite replacing the malfunctioning external cabinet fans on April 23, 2025, the VFD continued to experience issues and staff engaged Telstar and the manufacturer's technician for further troubleshooting; and
WHEREAS, staff sought additional quotes and contacted Valley 29 Electric, LLC, Valley 29 proposed using a different VFD manufacturer that had the correct sized VFD in stock; and WHEREAS, Valley 29 Electric, LLC offered a complete replacement (including labor) at $25,360.38, with immediate installation availability; and WHEREAS, staff authorized Valley 29 Electric, LLC to secure and install the new VFD for Well 17 at a cost of $25,360.38 whereas other companies reported lead times of two-to-four-weeks for delivery of the VFDs not including the one-to-two days to install the equipment; and WHEREAS, Valley 29 Electric, LLC's ability to provide an immediate solution and handle same-day installation was a deciding factor, especially given the pressing need for consistent water pressure because of warming weather and Well 17's key role in our water supply; and WHEREAS, deeming this situation an emergency procurement scenario, in line with the City of Livingston municipal code 1-11-6 (a). Which allows the waiver of formal bid procedures for urgent needs that protect life, health, or property, Staff authorized Valley 29 Electric, LLC to proceed with securing and installing the new VFD for Well 17; and WHEREAS, the delay associated with other suppliers, offering lead times of two-to-four weeks, was incompatible with the urgency necessitated by these conditions; and WHEREAS, this approach was thoroughly discussed with our legal counsel to ensure compliance and appropriateness of the decision to safeguard the community's water supply infrastructure; and
WHEREAS, staff is requesting that the Finance Department be authorized to make a supplemental appropriation to Fiscal Year 2024/2025 budget in the amount of $25,360.38 to the Water Enterprise Fund (2100-810-4392); and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:

Page 67 of 356 ends
Page 2 of 2 ends

Section 1. Adopt a Resolution of the City Council of the City of Livingston ratifying emergency equipment procurement and service call to Well 17; 1) approving the emergency procurement of a new Variable Frequency Drive (VFD) and service call from Valley 29 Electric, LLC in the amount of $25,360.38.

Section 2. Authorizing the Finance Department to make a supplemental appropriation to the Water Enterprise Fund in the amount of $25,360.38 (2100-810-4392).

Section 3. Authorizing the City Manager to execute all required documents.

Section 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 20th day of May 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

Page 68 of 356 ends

PO Box 635
Valley 29 Electric, LLC Newman, CA 95360
Estimate Lic # 1067696
Tel: 209.862.3690
Project: Proposal #
Attention: cc:

Bid Date: Expires:

Included Excluded Yes No
Permits Sales Tax Included
Fees Installed
Utility Charges Per Plans/Specs
PG&E Charges Freight Allowed
Concrete Work
Overtime
Temporary Power
Engineering
Excludes:
225
[email protected]
5/31/2025
Well 17 VFD Replacement
City of Livingston
5/1/2025
Scope of Work:

Clarifications:

Demo existing VFD and Install and retrofit New 200 hp VFD. (ACS580-01-302A-4) Programing -- Low Voltage
Valley 29 Electric will provide and install a new 200hp ABB VFD. Valley 29 Electric will provide pictures of all parameters and wiring notes from the old vfds. Valley 29 Electric will not be programming the new VFD or terminating any low voltage wiring.

Page 69 of 356 ends

Page: 1

ELECTRIC
□ Q Q □
□ Q Q □
□ Q □ Q
□ Q □ Q
□ Q
□ Q
□ Q
□ Q
Valley 29 Electric Terms:

Progressive, net 15 days completion, upon approval of credit. This proposal is valid for 30 days.

Additional work or changes ordered by owner or made necessary because of conditions unknown at the time estimate was made, will become an extra charge. All agreements must be made in writing. All contracts are contingent on approval of credit.

CONTRACT TERMS
VALLEY 29 ELECTRIC hereby accepts the terms of the attached contract subject to Contractor/Owner's agreement with the terms set forth in this Addendum which shall supersede any conflicting terms in any other contract document. Any of the Contractor/Owner's terms or conditions in addition or different from this standard addendum are objected to and shall have no effect. Contractor/Owner's agreement herewith shall be evidenced by Contractor/Owner's signature hereon or by permitting VALLEY 29 ELECTRIC to commence work for the project.

1. VALLEY 29 ELECTRIC shall be paid monthly progress payments on or before the 15th of each month for the value of work completed plus the amount of materials and equipment suitably stored on or off site. Final payment shall be due 30 days after the work described in the Proposal is substantially completed. No provision of this agreement shall serve to void the VALLEY 29 ELECTRIC's entitlement to payment for properly performed work or suitably stored materials or to require the access to continue performance if timely payments are not made to VALLEY 29 ELECTRIC for suitably performed work or stored materials or to void VALLEY 29 ELECTRIC's right to file a lien or claim on its behalf in the event that any payment to VALLEY 29 ELECTRIC is not timely made.

2. The Contractor will withhold no more retention from VALLEY 29 ELECTRIC than being withheld by the Owner from the Owner with respect to VALLEY 29 ELECTRIC's work.

3. All sums not paid when due shall bear an interest rate of 1.5% per month or the maximum legal rate permitted by law whichever is less; and all costs of collection, including a reasonable attorney's fee, shall be paid by the Contractor/Owner.

Terms:

Page 70 of 356 ends

Page: 2

4. No backcharges or claim of the Contractor/Owner for services shall be valid except by an agreement in writing by VALLEY 29 ELECTRIC before the work is executed, except in the case of VALLEY 29 ELECTRIC's failure to meet any requirement of the Subcontract Agreement. In such event, the Contractor/Owner shall notify VALLEY 29 ELECTRIC of such default, in writing, and allow VALLEY 29 ELECTRIC reasonable time to correct any deficiency before incurring any cost chargeable to VALLEY 29 ELECTRIC.

5. Contractor/Owner is to prepare all work areas to be acceptable for VALLEY 29 ELECTRIC work under the subcontract. VALLEY 29 ELECTRIC will not be called upon to start work until sufficient areas are ready to insure continued work. The Contractor/Owner shall furnish all temporary site facilities including suitable storage space, hoisting temporary electrical and water at no cost to VALLEY 29 ELECTRIC unless included in the VALLEY 29 ELECTRICs Scope of Work above.

6. VALLEY 29 ELECTRIC shall be given a reasonable time in which to make delivery of materials and/or labor to commence and complete the performance of the contract.

VALLEY 29 ELECTRIC shall not be responsible for delays or defaults where occasioned by causes of any kind and extent beyond its control, including but not limited to:

Delays caused by the owner, general Contractor, architect and/or engineers, delays in transportation, shortage of raw materials, civil disorders, labor difficulties, vendor allocations, fires, floods, accidents and acts of God. VALLEY 29 ELECTRIC shall be entitled to equitable adjustment in the subcontract amount for additional costs due to unanticipated project delays or accelerations caused by others whose acts are not VALLEY 29 ELECTRIC's responsibility and to time extensions for unavoidable delays.

The Contractor/Owner shall make no demand for liquidated damages for delays in excess of the amount specified in the subcontract agreement and no liquidated damages may be assessed against VALLEY 29 ELECTRIC for more than the amount paid by the Contractor/Owner for unexcused delays to the extent actually caused by VALLEY 29 ELECTRIC.

7. VALLEY 29 ELECTRIC's equipment and work are guaranteed for a period of one year from the date of substantial completion or use by the Contractor customer or owner, whichever is earlier. THIS

WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The exclusive remedy shall be that VALLEY 29 ELECTRIC shall replace or repair any part of its work which is found to be defective. VALLEY 29 ELECTRIC shall not be responsible for damage or defect caused by abuse, modifications not executed by VALLEY 29 ELECTRIC, improper or insufficient maintenance, improper operation or normal wear, tear and usage.

Terms:

Page 71 of 356 ends

Page: 3
N/A
Date $ 1,520.00
$ 22,100.00
$ 1,740.38
N/A
$ 25,360.38
Estimator:

Materials:

County Permits:

Equipment Fee:

Terms:

Addendum Noted

8. Work called for herein is to be performed during VALLEY 29 ELECTRIC's regular working hours. All work performed outside of such hours shall be charged for at a rate or amounts agreed upon by the parties at the time overtime is authorized.

9. Contractor/Owner shall purchase and maintain all risk insurance upon full value of the entire work and/or materials delivered to the jobsite, which shall include the interest of VALLEY 29 ELECTRIC.

10. The VALLEY 29 ELECTRIC shall indemnify and hold harmless the Contractor, Owner, Architect or others from damages only to the extent such damages were caused by any negligent act or omission of the VALLEY 29 ELECTRIC or anyone for whose acts the VALLEY 29 ELECTRIC is liable.

11. VALLEY 29 ELECTRIC shall not be held liable for any impacts, delays, labor overruns, material overruns and/or cost overruns related to its Work stemming from the current flu epidemic, and/or COVID-19 (Coronavirus epidemic) as defined by the United States Centers for Disease Control and Prevention. VALLEY 29 ELECTRIC shall further be entitled to a change order for any and all time and costs associated with said epidemic(s).

12. Materials Price Increase: In the event that there are significant increases in the prices that VALLEY 29 ELECTRIC pays for materials and supplies for the work to be performed between the date the Agreement is signed and the date that materials are purchased for the work to be performed, VALLEY 29 ELECTRIC shall be entitled to additional compensation from Customer as described herein. A significant increase in price is defined herein as an increase as to any specific items of materials of five percent (5%) or more. In such a case, Customer shall pay to VALLEY 29 ELECTRIC, on request, all sums by which the cost to VALLEY 29 ELECTRIC for any such items of materials has increased beyond 5%. This would apply, but not be limited to price increases in electrical panels, transformers, conduit, conduit bodies, enclosures, wire, lumber, plywood, steel, sheet metal, fuel, manufactured products and equipment.

VALLEY 29 ELECTRIC is entitled to demonstrate this price increase through the use of quotes, supplier list prices, invoices or receipts, when requested. VALLEY 29 ELECTRIC shall not be responsible for increased prices of materials when caused by delays, shortages or unavailability of materials due to conditions not caused by VALLEY 29 ELECTRIC.

Labor:

Tax:

Project Total:

Acceptance Date:

Customer Po #
Customer Signature:

Juan Flores

Page 72 of 356 ends

Page: 4
I I
I
520 Park Creek Dr. / Clovis, CA 93611
(559) 498-0290 / www.icadautomation.com
5/2/2025
FIXED PRICE QUOTATION 11325A - Page# 1 of 2
11325A
FIXED PRICE QUOTATION FIXED PRICE QUOTATION # 11325A
5/2/2025
Bill: City of Livingston
1416 C Street
Livingston, CA 95334
ATTN: Jesus Chavez
Ship: City of Livingston
1416 C Street
Livingston, CA 95334
ATTN: Jesus Chavez
Item# Description Total Non-Taxable Total Taxable
1 Furnish & Replace (1) 200 HP VFD (CAT#SVX200a1-4A1N1) at Well 17 $9,777.80 $21,960.00 2 Include onsite VFD Commissioning $0.00 $0.00
3 $0.00 $0.00
4 $0.00 $0.00
5 $0.00 $0.00
6 $0.00 $0.00
7 $0.00 $0.00
8 $0.00 $0.00
9 $0.00 $0.00
10 $0.00 $0.00
Payment Terms: ===== =====
45% upon acceptance. (Net 5)
45% at arrival of materials (Net 30)
10% at completion (Net 30)
$9,777.80 $21,960.00
Total Before Tax $31,737.80
Tax (8.75%) $1,921.50
Total With Tax $33,659.30
Conditions:
• ___________ (initial) NO SOLICITATION OR HIRING. Buyer shall not solicit for employment any person employed by Seller for a period of one year after completion of this work. Should Buyer hire a Seller employee within one year of completion of this work, Buyer agrees to pay Seller an amount equal to one time the employee’s annualized salary.
• Outbound freight from our facility to the customer is not included and will be added to the total cost if applicable. • This quote has been budgeted to have the onsite services performed in one single trip. Multiple trips will result in additional costs. • This quote is based on the current costs of equipment and materials. After acceptance of this quote, any cost increases due to excessive inflation rates, taxes/tariffs, and/or increased costs for shipping would be the responsibility of the customer. • This quote expires 30 calendar days after the proposal date. • Any standby time due to equipment malfunction, project scheduling, equipment or materials provided by others, etc., will be in addition to this quotation.
• All work will be performed during ICAD’s standard working hours. The buyer requested overtime will be an additional cost. • The existing system is expected to be correct and operable. Troubleshooting of the existing system will be in addition to this proposal. • Any additional hardware or services will be in addition to this proposal. This includes but is not limited to control or communication to any other devices not listed here.
• If a formal contract is required, its conditions must not deviate from this proposal without ICAD’s written permission.

This quotation constitutes an offer to sell which expressly limits acceptance to the Standard Terms and Conditions which are by reference incorporated into this agreement as though fully set forth herein. Subject to approval of Buyer's credit worthiness and return of this Agreement with Buyer's signature and Purchase Order number.

Buyer:

City of Livingston
1416 C Street
Livingston, CA 95334
ATTN: Jesus Chavez
By: _______________________________
Date: _____________________________
PO#: _____________________________
Seller:

Industrial Control &
Design Inc.
520 Park Creek Dr.

Clovis, CA 93611
By:

Date: 5/2/2025

Page 73 of 356 ends

,@z:1CAD AUTOMATION,..o
cf'INDUSTRIAL CONTROL AND DESIGN
ViJJ<t~
520 Park Creek Dr. / Clovis, CA 93611
(559) 498-0290 / www.icadautomation.com
5/2/2025
FIXED PRICE QUOTATION 11325A - Page# 2 of 2
11325A
Standard Terms and Conditions:

All sales of services or materials by Industrial Control and Design Inc. (Seller)are subject to the following terms and conditions.Sellerobjects to any additional or different terms contained in any documentation(including, but not limited to purchase orders or acceptance letters)submitted by Buyer. No waiver or modification of these terms and conditions shall be binding on Seller unless authorized in writing by Seller.

SCOPE. Selleragrees to perform for the Buyerthe services described in this document. Buyeracknowledges that Sellershall perform the services based upon information furnished to Sellerby the Buyer, and Sellershall be entitled to rely upon such information as being accurate and complete.The sellerwillnot be obligated to provide any services which are (a) outside of the scope defined in the applicabledocumentation; (b) outside its area of expertise; or (c)in violation of any applicable laws, codes,or regulations.

CHANGE ORDERS. If the Buyerrequests a change in the scope to be provided, Sellerreserves the right to revisedelivery schedules and make an equitable adjustment to the price.Any changes within the scope of services must be in writing and approved by both Sellerand Buyerbefore implementation.

PAYMENT TERMS. Unless otherwise noted in this document, this offer is based upon standard industry terms of net 30. Net 45 & 60 terms are available at an increased cost.

INSURANCE. Unless otherwise stated in thisAgreement, Seller's standard insurancewill apply. If greater insuranceisrequired, it will be at an additional cost to the Buyer.

TAXES.Unless otherwise stated in this Agreement, Seller’sprices do not include sales, use, or similar taxes.

FREIGHT.Unless otherwise statedin this Agreement, Seller’s prices do not include crating or freight.Buyershall bear the risk of loss or damage to any equipment at such time as said equipment leaves Seller’s shop.

SCHEDULING. Any estimate of the time required to perform work listed in this Agreement is based upon a start date only after (a) approval of Buyer’s creditworthiness and (b) return of Agreement with Buyer’s signature and Purchase Order number. Buyeraccepts that any timeline estimate given by Selleris only an estimate and is subject to change at any time without penalty to Seller.

PAST DUE ACCOUNTS. For the performance of the services, Buyershall pay Sellerin the manner and at the times herein specifiedin this Agreement. If Buyer’s account becomes past dueon any project that Buyerhas with Seller, Sellerreserves the right to stop work immediately on all projects for Buyeruntil all past due invoices are paid.Sellershall not be liable for any liquidated damages or other costs incurred by the Buyeras a result of Seller’s stoppage of work due to non-payment. There will be a 1-1/2% per month finance charge for all invoices which are past due.

CONTRACT TERMINATION. Should the Buyerfail to comply with this Agreement as set forth herein, then the Sellershall have the right, after giving five dayswritten notice to the Buyer, to terminate thisAgreement. Should the Buyerwish to cancel this agreement as set forth herein, then the Buyershall provide the Seller withfivedayswritten notice. Upon termination of the Agreement by either party, the Buyershall be obligated to pay Sellerfor all work executed and for any proven loss, cost,or expense in connection with the work, plus any accrued finance charges resulting from past due paymentof invoices, through the date of termination. Additionally, upon the termination of the Agreement by Buyer, Seller shall be entitled to a 5% cancellation fee based upon the initial contract price and added to any other charges presented to Buyer. Upon receipt of such payment in full, Sellershall release to the Buyerall materials, programming, and documentation completed to the date of termination ofthis Agreement.

FIELD WIRING. It will be the responsibility of the Buyerto ensure thatall field wiring is conducted in accordance with all applicable Electrical Codes. The sellercannot be held responsible for the system’s performance if any wiring by others is not in compliance with said codes and Seller's engineered schematics.

WARRANTY. Seller's liability under this agreement shall be limited to re-performing only those deficient engineering or programming services which a) result from Seller's negligence or willful misconduct and b) are reported in writing to Sellerwithin one (1) year from the date of completion of the services hereunder. Under no circumstances shall Sellerbe liable to Buyerfor any consequential or incidental damages, including, but not limited to,loss of use or loss of profit. Any change to Seller’s design or programming by Buyerwill void and nullify all warranty. Buyer agrees to pay Seller’s standard overtimerates for any warranty work performed outside the normal business hours of M-F, 8-5. Seller shall not be required to perform any warranty work if Buyer’s account with Seller becomes past due.

EQUIPMENT WARRANTIES. Sellerwill use its best effort to obtain applicable warranties from all equipment manufacturersfor equipment provided by Sellerto the Buyerand will transfer all such warranties directly to Buyer. The Buyer’sonly recourseshall be under such manufacturers’ warranties. Buyeracknowledges that Selleris supplying such equipment without warranty, either implied or expressed.

NO SOLICITATION OR HIRING. Buyershall not solicit for employment any person employed by Sellerfor a period of one year after completion of this work. Should Buyerhire aSelleremployee within one year of completion of this work, Buyeragrees to pay Selleran amount equal to onetimethe employee’s annualized salary.

INTELLECTUAL PROPERTY. All documents (including, but not limited to, proposals, price sheets, drawings,and specifications), software,and other information or inventions prepared or disclosed by the Sellershall remain the sole intellectual property of the Seller. Following acceptance and final payment, Seller shall grant Buyer a non-transferable, non-exclusive license to use such materials for the Buyer’s internal purposes only.

ATTORNEY’S FEES. If there is any action or legal proceeding of any kind to enforce or interpret any provision of this Agreement, the unsuccessful party to such proceeding or action shall pay the prevailing party all costs and expenses,including reasonable attorney’s fees and costs incurred by such prevailing party, whether or not such action or legal proceeding proceeds to a judgment.

INDEMNITY. Buyerwill defend, indemnify, and hold Sellerharmless from all claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of the provision of the services and materialsby Sellerunder this Agreement, including claims related to Seller’suse of Buyersupplied drawings, measurements, data, or any other information provided by Buyerthat is used in supplying materials or services. However, in no event shall Buyerbe liable under this provision for claims arising out of the sole negligence or willful misconduct of Seller.In no event shall the total cumulative aggregate liability of Seller resulting from, arising out of,or in connection with this Agreement or the provision of the services and materials by Seller under this Agreement exceed the coverage available under any standard insurance policy Seller has in place which applies to this Agreement, or, in the event no insurance coverage is available, the value of the particular services and materials upon which the claim or damage is based, regardless of the legal or equitable theory upon which the claim or damage is based.

THIRD-PARTY BENEFICIARIES. Nothing contained in this agreement shall create a contractual relationship with or a cause of action in favor of a third party against Seller. Seller’s services and materialsare being suppliedsolely for Buyer’s benefit, and no party or entity shall have any claim against Sellerbecause of this Agreement,or the performance or nonperformance of the services and materials supplied under this Agreement.

INDEPENDENT CONTRACTORS.Each party will be and act as an independent contractor and not as an agent or partner of, or joint venture with, the other party for any purpose related to this Agreementor the transactions contemplated by this Agreement, and neither party,by virtue of this Agreementwill have any right, power, or authority to act or create any obligation, expressed or implied, on behalf of the other party.

ENTIRE AGREEMENT. This Agreementrepresents the entire and integrated contractbetween Buyerand Sellerand supersedes all prior negotiations, representations,or agreements,either written or oral.This Agreementmay be amended only by a written instrument signed by both Buyerand Seller.

CHOICE OF LAW/VENUE. California law shall govern the terms of this Agreement. In any dispute over this Agreement, the venue will be Fresno County, California.

Page 74 of 356 ends

{CW128882.1} Page 1

STAFF REPORT
AGENDA ITEM: Initiating Proceedings and Ordering the Preliminary Engineer’s Report for the Annual Levy of Assessments for Fiscal Year 2025/2026 for the Livingston Benefit Assessment Districts, Approving the Engineer’s Report, Declaring the City’s Intention to Levy Annual Assessments Within Such Districts and Appointing a Time and Place for a Public Hearing
MEETING DATE: May 20, 2025
PREPARED BY: Willdan Financial Services
REVIEWED BY: Jose A. Ramirez, City Manager
RECOMMENDATION:

Approve Resolution No. 2025- _____, Initiating Proceedings and Ordering the Preliminary Engineer’s Report for the Annual Levy of Assessments for Fiscal Year 2025/2026 for the Livingston Benefit Assessment Districts, Approving the Engineer’s Report, Declaring the City’s Intention to Levy Annual Assessments Within Such Districts and Appointing a Time and Place for a Public Hearing.

BACKGROUND:

The City of Livingston annually levies and collects special assessments in the City’s Benefit Assessment Districts to offset the cost of providing the annual maintenance of drainage improvement within specific areas of the City. There are currently eighteen (18) individual districts within the City as follows:

Country Glen Sundance (Country Villas 1, 2, and 3)
Country Roads Kensington Park South (Vineyard Estates)
Vinewood Estates Monte Cristo Estates
Vintage West (Area A & B) Monte Cristo Estates II (Briarwood) Sundance IV (Country Villas IV) Vinewood Estates II (Briarwood) Strawberry Fields (Mcroy Wilbur) Bridgeport Village
Parkside-Forecast Davante Villas
La Tierra (Rancho Estrada) Country Lane I (Liberty Square) Somerset (Sun Valley Estates) Country Lane II (Country Lane, Kishi) DISCUSSION:

This resolution initiates proceedings for the annual levy of annual assessments, declares the City’s intention to levy annual assessments, and preliminarily approves the Engineer’s Report for the Districts.

Page 75 of 356 ends

{CW128882.1} Page 2
Since no cost of living adjustments are allowed in four Districts, the proposed FY 2025/2026 assessments will remain the unchanged from the previous year’s assessment rates for Country Glen, Country Roads, Vintage West (Area A & B) and Vinewood Estates as the assessment rates in these Districts may not be increased over last year’s rates until approved through a ballot of the property owners.

The assessments for the Districts known as Bridgeport, Country Lane I (Liberty Square), Country Lane II (Country Lane, Kishi), Davante Villas, Sundance (Country Villas 1, 2, and 3), Kensington Park South (Vineyard Estates), La Tierra (Rancho Estrada), Parkside-Forecast, Monte Cristo, Monte Cristo II (Briarwood), Somerset (Sun Valley Estates), Strawberry Fields, Sundance IV (Country Villas IV), and Vinewood Estates II (Briarwood) were approved by the property owners pursuant to a mailed ballot election conducted in accordance with Article XIII D of the California Constitution.

In each fiscal year following these balloted elections, the City Council may impose the assessments in these Districts at a rate or amount that is less than or equal to the amount authorized for the previous fiscal year after being increased by the approved annual escalation factor, without conducting another mailed ballot election. The approved annual escalation factor for these Districts is based upon the Consumer Price Index, All Urban Consumers, for the San Francisco-Oakland-Hayward Area (“CPI”). The fiscal year 2025/2026 assessment rates within these Districts are proposed to be increased over last year’s rates by 2.763%, which is the percentage increase in the CPI from 2024 to 2025,
Pursuant to Proposition 218, The Right to Vote on Taxes Act, new or increased assessments must be approved by a vote of the owners of the property to be assessed. Since the assessment rates are not to be increased by any amount other than the approved CPI, the proposed increase is exempt from the Proposition 218 process.

Following actions will include a public hearing to be set for June 17, 2025. At that time, the Council will be asked to adopt a resolution confirming assessments and authorizing staff to place the assessments on the annual tax rolls.

ATTACHMENTS:

1. Resolution 2025- _____

2. Engineer’s Report and Budget

Page 76 of 356 ends

{CW128880.1} 1 of 4
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON INITIATING PROCEEDINGS AND ORDERING THE PRELIMINARY ENGINEER’S REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2025/2026 FOR THE LIVINGSTON BENEFIT ASSESSMENT DISTRICTS, APPROVING THE ENGINEER’S REPORT, DECLARING THE CITY’S INTENTION TO LEVY ANNUAL ASSESSMENTS WITHIN SUCH

DISTRICTS AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING WHEREAS, the City Council of the City of Livingston, pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4, Article 4, Section 54703 et seq of the Government Code of the State of California (hereinafter referred to as the “Act”) ”) desires to provide funding to pay the costs and expenses of operating, maintaining, monitoring and servicing public drainage improvements and appurtenant facilities located within public places within the boundaries of the Livingston Benefit Assessment Districts (the “Districts”) for fiscal year 2025/2026, for the purposes provided thereof in the Act; and
WHEREAS, the public interest and convenience require the City to initiate annual proceedings for the levy of assessments within the Districts for fiscal year 2025/2026, for the purposes provided thereof in the Act; and
WHEREAS, as a condition of its original approval for development within the City of Livingston (hereinafter referred to as the “City”), the City required that the developers install drainage improvements adjacent to their Projects, and that the drainage and related improvements be installed to a standard acceptable to the City, and that developers provide a means satisfactory to the City for assuring the continued maintenance, operation, monitoring and servicing of the Improvement Areas and improvements thereto; and
WHEREAS, the improvements to be installed, constructed or maintained within the Districts may include installation, construction, monitoring or maintenance of any authorized improvements under the Act, including, but not limited to any drainage facilities or improvements which are necessary or convenient for the maintenance or servicing thereof; and WHEREAS, the individual property owners of the developments are responsible for providing funding towards the costs of the continued maintenance, operation, and servicing of the Improvement Areas and improvements thereto; and
WHEREAS, the proposed assessment rates for parcels within the original 4 Districts, together with the 14 other Districts which may be increased annually by the approved CPI rate increase, provide funding for maintenance and operation of the current facilities; and WHEREAS, in order to maintain the facilities at a standard acceptable to the City the assessments within the Districts will need to be levied for fiscal year 2025/2026; and WHEREAS, Proposition 218, the Right to Vote On Taxes Act requires that if the assessment rate is to be increased, a notice of the proposed assessment along with a ballot shall be mailed to all owners of identified parcels within the District, and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and

Page 77 of 356 ends

{CW128880.1} 2 of 4
WHEREAS, all assessments are subject to annual rate increases, and such annual rate increases were previously approved through a successful balloting of the property owners, therefore, these assessment increases require no further balloting; and
WHEREAS, notices and Assessment Ballots are not required if assessments are not considered increased; and
WHEREAS, Willdan Financial Services has prepared an Engineer’s Report (the “Report”) which references the location of each Districts’ boundaries which are benefited by the improvements and the amounts to be assessed against each of the parcels within each; and WHEREAS, the Engineer’s Report, diagrams and assessments have been filed with the City Clerk and are open to public inspection, and may be referred to for all details regarding the improvements, the boundary of the Districts, the assessments, total costs, and description of the parcels to be assessed; and
WHEREAS, this City Council has examined and considered the Engineer’s Report, references to the diagrams, the assessments, and the proceedings prior thereto.

NOW, THEREFORE, BE IT RESOLVED, that the Livingston City Council hereby resolves and finds, with respect to the Livingston Benefit Assessment Districts:

Section 1. That the above recitals are true and correct.

Section 2. That the City hereby proposes an annual levy of assessments for the Benefit Assessment Districts, including the following individual Districts:

Country Glen Sundance (Country Villas 1, 2, and 3)
Country Roads Kensington Park South (Vineyard Estates)
Vinewood Estates Monte Cristo Estates
Vintage West Areas A & B Monte Cristo Estates II (Briarwood) Vinewood Estates II (Briarwood)
Bridgeport Village
Davante Villas
Country Lane I (Liberty Square)
Country Lane II (Country Lane, Kishi)
Sundance IV (Country Villas IV, Dunmore)
Strawberry Fields (Mcroy Wilbur)
Parkside-Forecast
La Tierra (Rancho Estrada)
Somerset (Sun Valley Estates)
Thereon to provide for the following work:

Installation, construction, servicing, operation, monitoring and/or maintenance of any authorized improvements under the Act, including, but not limited to drainage improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof including streets.

Section 3. The City Council hereby (1) finds that the public interests and convenience

Page 78 of 356 ends

{CW128880.1} 3 of 4
requires and (2) declares its intention to order the approval of the levy and collection of assessments against the assessable lots and parcels of land within such Districts for the fiscal year commencing July 1, 2025 and ending June 30, 2026 to pay the costs and expenses of the improvements described herein.

For the Bridgeport Village, Country Lane I (Liberty Square), Country Lane II (Country lane, Kishi), Somerset (Sun Valley Estates), Sundance (Country Villas 1, 2 and 3), Davante Villas, Kensington Park South (Vineyard Estates), La Tierra (Rancho Estrada), Parkside - Forecast, Monte Cristo Estates, Monte Cristo Estates II (Briarwood), Strawberry Fields (Mcroy Wilbur), Sundance IV (Country Villas IV, Dunmore Homes), and Vinewood Estates II (Briarwood) Districts, the assessments proposed by this resolution were approved by the property owners pursuant to a mailed ballot election conducted in accordance with Article XIII D of the California Constitution.

For these Districts, in fiscal years subsequent to these approved balloted elections, the City Council may thereafter impose the assessment at any rate or amount that is less than or equal to the amount authorized for the previous fiscal year together with an annual increase equal to the percentage increase of the Consumer Price Index CPI) of “All Urban Consumers” for the San Francisco-Oakland-Hayward Area (CPI), as determined by the United States Department of Labor without conducting another mailed ballot election. Each year, the Engineer shall compute the percentage of difference between the Annual CPI for the current year and the Annual CPI for the previous year, and shall then adjust the existing assessment by an amount up to, but not to exceed such percentage increase for the following fiscal year. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living.

Section 4. The City Manager is directed to cause the preparation of a Written Report in accordance with Article 4 of the Act for the District, and upon completion, to file said report with the City Clerk, who shall then submit the same to the City Council for its consideration.

Section 5. In accordance with the City Council’s order, the City’s Engineer has filed with the City Clerk the Engineer’s Report required by Article 4 of the Act and entitled “Annual Engineer’s Report, Benefit Assessment Districts” (the “Report”). All interested persons are referred to the Report for a full and detailed description of the improvements, the proposed annual assessments upon assessable lots and parcels of land within the Districts.

Section 6. The Report has been presented to the City Council and the City Council has duly considered each and every part of the Report.

Section 7. Diagrams for the Districts referencing the areas to be benefited and the amount of the proposed assessment for each parcel assessment (Section 54716 of the Act) assessed for the improvements have been provided within in Appendix “A” and Appendix “B” of the Report.

The diagrams, assessments, and improvement plans have been filed with the City Clerk.

Section 8. The diagrams referenced in the Engineer’s Report, which indicate by a boundary line the extent of the Districts, is hereby declared to describe the boundaries of the Districts and shall govern for all details as to the extent and location of said Districts.

Section 9. This City Council is satisfied with the correctness of the diagrams and assessments, including the proceedings and all matters relating thereto.

Section 10. The public interest and convenience require and it is the intention of the City

Page 79 of 356 ends

{CW128880.1} 4 of 4
Council of the City to levy and collect additional assessments within the Districts for the fiscal year 2025/2026.

Section 11. The City Council hereby finds that each and every part of the Report is sufficient and the City Council hereby preliminarily approves, passes on and adopts the Report as submitted to the City Council and filed with the City Clerk. The preliminary report shall stand as the Report for the purposes of all subsequent proceedings pursuant to this Resolution of Intention.

Section 12. The City Council does hereby reference the Report, which indicates the amount of the proposed assessments, the Districts’ boundaries, detailed description of improvements, and the method of assessment. The Report is on file in the office of the City Clerk and reference to the Report is hereby made for all particulars.

Section 13. That notice is hereby given that on the 17th day of June 2025, at the hour 7 p.m. or as soon thereafter as possible, in the City Council Chambers at 1416 “C” Street, in the City of Livingston, the City will hold a public hearing as to the proposed assessments of each District.

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 20th day of May 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

Page 80 of 356 ends

INTENT MEETING: May 20, 2025
PUBLIC HEARING: June 17, 2025

CITY OF LIVINGSTON

ANNUAL ENGINEER’S REPORT

BENEFIT ASSESSMENT DISTRICTS
FISCAL YEAR 2025/2026

Page 81 of 356 ends

W w1LLDAN
ENGINEER’S REPORT AFFIDAVIT
City of Livingston
Merced County, State of California

BENEFIT ASSESSMENT DISTRICTS
This Report describes each District including the improvements, budgets, parcels and assessments to be levied for fiscal year 2025/2026. Reference is hereby made to the Merced County Assessor’s maps for a detailed description of the lines and dimensions of parcels within each District.

The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2025.

Willdan Financial Services
Assessment Engineer
By: ________________________________
Susana Hernandez, Senior Project Manager
District Administration Services
By: ________________________________
Tyrone Peter
PE # C 81888

Page 82 of 356 ends

TABLE OF CONTENTS
I. OVERVIEW .......................................................................................................... 1 A. INTRODUCTION ......................................................................................... 1 B. COMPLIANCE WITH CURRENT LEGISLATION ....................................... 1 C. DISTRICT BOUNDARIES .......................................................................... 3 II. PLANS AND SPECIFICATIONS .......................................................................... 5 A. DESCRIPTION OF EACH DISTRICT’S SERVICES ................................... 5 III. METHOD OF APPORTIONMENT ........................................................................ 6 A. BENEFIT ANALYSIS .................................................................................. 6 B. ASSESSMENT METHODOLOGY .............................................................. 7 C. ASSESSMENT RATE PER EDU ................................................................ 9 IV. DISTRICT BUDGET ........................................................................................... 10 A. DESCRIPTION OF BUDGET ITEMS ........................................................ 10 B. DISTRICT BUDGET .................................................................................. 13 V. APPENDIX A — DISTRICT BOUNDARY DIAGRAMS ....................................... 17 VI. APPENDIX B — 2025/2026 ASSESSMENT ROLL ............................................ 19

Page 83 of 356 ends

2025/2026 City of Livingston - Benefit Assessment Districts Page 1 I. OVERVIEW
A. Introduction
The City of Livingston (“City”) annually levies and collects special assessments in order to maintain the improvements within eighteen (18) existing Benefit Assessment Districts (“Districts”) within the City.

This Annual Engineer’s Report (“Report”) describes the assessments per parcel for the Districts for fiscal year 2025/2026. The assessments are based on the historical and estimated costs to maintain the improvements that provide a direct and special benefit to properties within each District. These Districts, by the use of special benefit assessments, will provide funding for the maintenance of public drainage improvements. These improvements are made in accordance with the Benefit Assessment Act of 1982, Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California commencing with Section 54703 (hereafter referred to as the “Code”).

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own assessment parcel number by the Merced County Assessor’s Office.

The Merced County Auditor/Controller uses assessment parcel numbers and specific fund numbers, to identify on the tax roll, properties assessed for special district benefit assessments.

Following consideration of public comments and written protests at a noticed public hearing, and review of the Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the Council may order the levy and collection of assessments for fiscal year 2025/2026 pursuant to the Code. In such case, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll for each benefiting parcel for fiscal year 2025/2026.

B. Compliance With Current Legislation
On November 5, 1996, California voters approved Proposition 218. This Constitutional amendment was the latest in a series of initiatives altering the revenue-raising discretion of California local agencies. The provisions of the Proposition are set forth in California Constitutional Articles XIIIC and XIIID.

As relevant to the District, California Constitution Article XIII D, Sections 1 through 5, provide for additional substantive and procedural requirements, as outlined below.

In Proposition 218, “Assessments” are defined as:
‘‘... any levy or charge upon real property by an agency for a special benefit conferred upon the real property. ‘Assessment’ includes, but is not limited to, ‘special assessment,’ ‘benefit assessment,’ ‘maintenance assessment’ and ‘special assessment tax.’” Article XIII D Section 2b

Page 84 of 356 ends

W w1LLDAN
2025/2026 City of Livingston - Benefit Assessment Districts Page 2 Although District assessments are generally collected on the property tax rolls, District “assessments” are not “taxes.” Assessments are distinct from the regular one percent (1%) property tax and property tax debt overrides in that assessment rates are not levied on an ad valorem basis. The levies contained in this report are considered assessments under Proposition 218.

Proposition 218 requires that beginning July 1, 1997, all new and existing assessments (with some exceptions) conform to new substantive and procedural requirements. However, certain assessments are exempted from the conformity requirement until they are increased. Generally, these exemptions include:
 Assessments used exclusively to fund sidewalks, streets, sewers, water, flood control, drainage systems, or vector control.
 Assessments used exclusively for bond repayments, the cessation of which would violate the Contract Impairment Clause of the U.S. Constitution.  Assessments previously approved by a majority of voters.  Assessments approved by the persons owning all of the property at the time the assessment was initially imposed.

The Districts formed prior to the passage of Proposition 218, designated as Country Glen, Country Roads, Vinewood Estates, and Vintage West A & B maintain improvements that are exempt from the requirements. However, any new or increased assessments, if proposed, will be subject to the substantive and procedural requirements of Proposition 218.

The Districts Sundance (Country Villas 1, 2 and 3), Kensington Park South (Vineyard Estates), Monte Cristo, Monte Cristo II (Briarwood), Vinewood Estates II (Briarwood), Bridgeport Village and Davante Villas, Country Lane I (Liberty Square), Country Lane II (Country Lane, Kishi), Parkside-Forecast, Sundance IV (Country Villas IV), Strawberry Fields, La Tierra (Rancho Estrada) and Somerset (Sun Valley Estates) were formed after the passage of Proposition 218. As such, these Districts were formed in accordance with the substantive and procedural requirements and property owners were balloted for the assessments. The assessments for these Districts included an annual Consumer Price Index inflator.

Page 85 of 356 ends

W w1LLDAN
2025/2026 City of Livingston - Benefit Assessment Districts Page 3 C. District Boundaries
Country Glen This District is generally located south of “F” Street, and west of Sun Crest Avenue, in the southwest corner of the City. Parcels within the District are located in the Country Glen Subdivision.

Country Roads This District is generally located at the northeast corner of Dwight Way and Walnut Avenue. All parcels within the District are located within the Country Roads Subdivision.

Vintage West (Area A & B) This District is located north of Peach Avenue, through and including Burgundy and Gamay Way, west of Hammatt Avenue, through and including Amaretto Way. All parcels are within the Vintage West Subdivision. Area A parcels are generally west of Chianti Way while Area B parcels are generally east of Chardonnay Way.

Monte Cristo This District is located on Peach Avenue west of Prusso Street.

Monte Cristo II (Briarwood) This District is located on the northeast corner of Peach Avenue and Winton Parkway.

Vinewood Estates This District is generally located north of “F” Street, south of “B” Street, and west of Selma Herndon School. All parcels are within the Vinewood Estates Subdivision.

Vinewood Estates II (Briarwood) This District is generally located south of “B” street and west of Selma Herndon School. All parcels are northwest of the Vinewood Estates Subdivision.

Kensington Park South (Vineyard Estates) This District is located on Dwight Avenue north of Peach Avenue.

Bridgeport Village This District is located south of F Street and east of Winton Parkway.

Davante Villas This District is located south of F Street and east of Arena Canal.

Strawberry Fields This District is located on “I” Street and west of the Arena Canal.

Sundance (Country Villas 1, 2, and 3) This District is located southeast of Walnut Avenue and Dwight Way.

Sundance IV (Country Villas IV) This District is located east of Dwight Way and approximately 1,311 feet south of Walnut Avenue.

Page 86 of 356 ends

W w1LLDAN
2025/2026 City of Livingston - Benefit Assessment Districts Page 4 Parkside-Forecast This District is located between “F” Street and Peach Avenue, east of Robin.

Country Lane I (Liberty Square) This District is located on the southeast corner of Hammatt Avenue and Aspenglen Way.

Country Lane II (Kishi) This District is located south of Olive Avenue at Hammatt Avenue.

La Tierra (Rancho Estrada) This District is located on the southeast corner of “F” Street and Robin Avenue.

Somerset (Sun Valley Estates) This District is located on the south side of Peach Avenue, west of the Arena Canal.

Page 87 of 356 ends

W w1LLDAN
2025/2026 City of Livingston - Benefit Assessment Districts Page 5 II. PLANS AND SPECIFICATIONS
A. Description of Each District’s Services
The improvements to be serviced and maintained in each District are public drainage improvements and City streets, including, but not limited to: personnel, electrical energy costs, a lift station, detention basin, storm drain pipeline, and all appurtenant facilities required for operation and maintenance of the above-mentioned improvements. Maintenance, servicing and operation shall include, but are not limited to repairing outlets if damaged, cleaning retention basins and repairing damage related to flooding together with implementation of and compliance to applicable municipal storm water quality objectives and State and Regional water quality regulations. Such maintenance, servicing and operation shall be authorized by the City Engineer or the City Manager. The specific Districts are known and designated as:
 Country Glen
 Country Roads
 Vintage West
o Area A
o Area B
 Monte Cristo Estates
 Monte Cristo Estates II (Briarwood)
 Vinewood Estates
 Vinewood Estates II (Briarwood)
 Kensington Park South (Vineyard Estates)
 Bridgeport Village
 Davante Villas
 Strawberry Fields
 Sundance (Country Villas 1, 2, and 3)
 Sundance IV (Country Villas IV)
 Parkside - Forecast
 Country Lane I (Liberty Square)
 Country Lane II (Kishi)
 La Tierra (Rancho Estrada)
 Somerset (Sun Valley Estates)
Improvement plans for the above-mentioned areas are more particularly identified and located in plans filed in the office of the City Engineer

Page 88 of 356 ends

W w1LLDAN
2025/2026 City of Livingston - Benefit Assessment Districts Page 6 III. METHOD OF APPORTIONMENT
A. Benefit Analysis

BACKGROUND
The Benefit Assessment Act of 1982 provides that assessments may be apportioned upon all assessable lots or parcels of land within a district in proportion to the estimated benefits to be received by each lot or parcel from the improvements in that district. Additionally, Proposition 218 states:
“In any legal action contesting the validity of any assessment, the burden shall be on the agency to demonstrate that the property or properties in question receive a special benefit over and above the benefits conferred on the public at large and that the amount of any contested assessment is proportional to, and no greater than, the benefits conferred on the property or properties in question.” Article XIIID Section 4f Therefore, the agency also has a responsibility to identify the benefits conferred on each parcel, (i.e., “special benefit” versus “general benefit”). Proposition 218 defines special benefit as:
“... a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute ‘special benefit.’” Article XIIID Section 2i This does not necessarily mean “special benefit” cannot be “estimated benefit”.

Proposition 218 requires the City to identify all parcels which have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit to each parcel shall be determined in relationship to the entirety of the public improvements or the maintenance and operation expenses being provided, and
“Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel. Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit.”

SPECIAL BENEFIT
Each and every parcel within each District receives a particular and distinct benefit from the improvements in that District over and above general benefits conferred by the improvements.

Page 89 of 356 ends

W w1LLDAN
2025/2026 City of Livingston - Benefit Assessment Districts Page 7 First, all of the improvements were conditions of approval for the creation or development of the parcels. In order to create or develop the parcels, the City required the original developer to install and guarantee the maintenance of storm water control structures, and appurtenant facilities to serve the parcels. Therefore, each and every parcel within each District could not have been developed in the absence of the installation and promised maintenance of these facilities.

In addition, the improvements continue to confer a particular and distinct special benefit upon parcels within each District because of the nature of the improvements.

The proper maintenance of storm water control and appurtenant facilities specially benefit parcels within each District by alleviating excess water during periods of rain.

This allows individual parcels to be used to their fullest extent. All of the abovementioned contributes to a specific enhancement of each of the parcels within each District.

GENERAL BENEFIT
In addition to the special benefits received by the parcels within each District, there are incidental general benefits conferred by the proposed improvements.

The total benefits are thus a combination of the special benefits to the parcels within each District and the general benefits to the public at large and to adjacent property owners. The portion of the total drainage maintenance costs, which are associated with general benefits, will not be assessed to the parcels in each District, but will be paid from other City Funds.

Because the drainage facilities are located immediately adjacent to properties within each District, and are maintained solely for the benefit of the properties within each District, any benefit received by properties outside of each District is merely incidental.

It is estimated that the general benefit portion of the benefit received from the improvements for each District is less than one (1%) percent of the total benefit.

Nonetheless, the City has agreed to ensure that no property is assessed in excess of the reasonable cost of the proportional special benefit conferred on that property.

B. Assessment Methodology
The net amount to be assessed upon parcels within each District are apportioned by any method, which fairly distributes the net amount among all parcels that receive benefit from improvements within each District.

The benefit formula used within each District may vary. The formula used for each District reflects the composition of the parcels, and the improvements and services provided, to accurately proportion the costs based on the estimated special benefit to each parcel.

Each parcel in a District is assigned a weighting factor known as an Equivalent Dwelling Unit (“EDU”). All single-family residential properties are assigned an EDU of

1.0. The total EDUs in each District is divided into the total Balance to Levy for the District to establish the Levy per EDU (“Rate”). The Rate is then multiplied by the

Page 90 of 356 ends

W w1LLDAN
2025/2026 City of Livingston - Benefit Assessment Districts Page 8 parcel’s individual EDU to establish the parcel’s levy amount. An explanation of how the weighting factors were determined can be found in the original District formation documents on file with the City.

The following shows the EDU factors for each property type in a District:

Property Type EDU Factor Basis
Developed Residential 1.00 Per Parcel
Developed Multi-Family 1.00 Per Unit
Undeveloped Residential 0.30 Per Acre
Developed Commercial/Industrial 6.00 Per Acre
Undeveloped Commercial/Industrial 0.30 Per Acre
Developed Public 6.00 Per Acre
The total number of EDUs within each District is provided in the District Budget under Section IV. B of this Report.

A residential parcel shall be considered developed if a building permit can be issued on such parcel without further subdivision and the parcel is adjacent to curb and gutter improvements.

The following formulas are used to calculate each property’s assessment.

Total Balance to Levy/Total EDU = Levy per EDU (Rate)
Parcel EDU  Levy per EDU (Rate) = Parcel Levy Amount
The table below is a sample levy calculation for a typical residential parcel from each Area of the Vintage West District.

SAMPLE LEVY CALCULATION

DISTRICT PROPERTY
TYPE
TOTAL

BALANCE

TO LEVY
TOTAL
EDU =
LEVY
PER EDU 
PARCEL
EDU =
PARCEL
LEVY
Vintage West Area A Single Family $1,839.00 75.00 = $24.52  1.00 = $24.52 Vintage West Area B Single Family $11,014.92 141.00 = $78.12  1.00 = $78.12 All assessed lots or parcels of real property within each District are listed on the Assessment Roll (See Appendix B - 2025/2026 Assessment Roll). The Assessment Roll states the net amount to be assessed upon assessable lands within each District for fiscal year 2025/2026, shows the fiscal year 2025/2026 assessment upon each lot and parcel within each District and describes each assessable lot or parcel of land within each District. These lots and parcels are more particularly described on the County Assessment Roll, which is on file in the office of the Merced County Assessor and by reference is made a part of this report.

Page 91 of 356 ends

W w1LLDAN
2025/2026 City of Livingston - Benefit Assessment Districts Page 9 C. Assessment Rate Per EDU
For fiscal year 2025/2026, the assessment rate per EDU for the Sundance (Country Villas 1, 2, and 3), Kensington Park South (Vineyard Estates), Monte Cristo, Monte Cristo II (Briarwood), Vinewood Estates II (Briarwood), Bridgeport Village, Davante Villas, Country Lane I (Liberty Square), Country Lane II (Kishi), Sundance IV (Country Villas IV), Strawberry Fields, Parkside-Forecast, La Tierra (Rancho Estrada), and Somerset (Sun Valley Estates) Districts have been increased by the annual percentage increase in the Consumer Price Index (CPI) of “All Urban Consumers” for the San Francisco-Oakland-Hayward Area (“CPI”) calculated from Annual 2023 to Annual 2024 of 2.76%. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Engineer shall use the revised index or a comparable system as approved by the City Council for determining fluctuations in the cost of living.

The Fiscal Year 2025/2026 maximum rates per EDU for each District are shown in the budget section of this Report.

The following table provides the proposed Assessment Rates per EDU of each District to be levied in Fiscal Year 2025/2026.

District
Code District
Proposed
Assessment
Rate
Per EDU*
Annual Inflator
401 Country Glen $43.02 Flat Rate
402 Country Roads $17.20 Flat Rate
403 Vintage West Area A $24.52 Flat Rate
404 Monte Cristo $145.50 CPI
405 Monte Cristo II (Briarwood) $145.50 CPI
406 Vinewood Estates $44.58 Flat Rate
407 Vinewood Estates II (Briarwood) $81.01 CPI
408 Kensington Park South (Vineyard Estates) $38.83 CPI 409 Bridgeport Village $147.30 CPI
410 Davante Villas $149.34 CPI
411 Strawberry Fields $147.30 CPI
412 Sundance (Country Villas 1, 2 & 3) $145.43 CPI
413 Sundance IV (Country Villas IV) $147.30 CPI
414 Parkside Forecast $147.30 CPI
415 Country Lane I (Liberty Square) $149.34 CPI
416 Country Lane II (Country Lane, Kishi) $149.34 CPI
417 La Tierra (Rancho Estrada) $147.30 CPI
418 Vintage West Area B $78.12 Flat Rate
420 Somerset (Sun Valley Estates) $145.15 CPI
*Rates have been rounded down to the nearest even penny per Merced County requirements.

Page 92 of 356 ends

W w1LLDAN
2025/2026 City of Livingston - Benefit Assessment Districts Page 10 IV. DISTRICT BUDGET
A. Description of Budget Items
The following describes the services and costs that are funded through each District.

The budget displays the operations and maintenance expenses necessary broken down under the direct and admin costs.

DIRECT COSTS:

Personnel Services - Includes labor related costs required to properly maintain, service and/or operate the District improvements and appurtenant facilities.

Personnel services includes items such as salaries, insurance, retirement, Medicare and personnel expenses broken down in separate categories listed under direct costs.

Operations and Maintenance:

Detention Basin/Equip O&M - Includes non-labor costs of maintaining, servicing and/or operating the Detention Basin improvements and related equipment.

Storm Drain O&M - Includes non-labor costs of maintaining and/or serving storm drain improvements.

Utilities - Includes costs for electrical energy provided by Pacific Gas and Electric to operate the District utilities.

Equipment Purchases - Purchases of equipment to be used to maintain, service and/or operate the District improvements. This and any other budget line item that is zero for the current fiscal year may not be listed shown in the Report’s budget.

ADMINISTRATION COSTS:

County Administration Fee — The costs to the District for the County to collect assessments on the property tax bills.

District Engineering/Administration — The cost to all particular departments and staff of the City for providing the coordination of District services, operations and maintenance, response to public concerns and education, and procedures associated with the levy and collection of assessments, which are shown as City/District Fees. Also includes the costs of contracting with professionals to provide any additional administrative, legal or engineering services specific to the District, which are shown as Direct Engineering Fees.

Page 93 of 356 ends

W w1LLDAN
2025/2026 City of Livingston - Benefit Assessment Districts Page 11 LEVY BREAKDOWN:

Replenishment/(Use) of Reserve — Funding transferred from or to the District’s Reserve to either offset a portion of the budgeted costs or to replenish the Reserve. The Reserve provides for the collection of funds to operate a District from the time period of July 1 (beginning of the Fiscal Year) through January to compensate for the approximate six-month delay between the start of the District’s fiscal year and the receipt of the collections from the County. If sufficiently funded, the Reserve can eliminate the need for the City to transfer funds from non-district accounts to pay for District costs during this period.

General Fund (Contribution)/Repayment — The projected General Fund contribution to the District when projected District expenditures cannot be met by the District’s annual assessments or available reserves. A negative amount indicates a projected General Fund contribution while a positive amount represents potential funds available for repayment to the General Fund of a previous contribution.

Rounding Adjustment – A necessary rounding adjustment due to limitations of the County property tax system that requires even penny levy amounts to be placed on the secured tax roll.

Balance to Levy — This is the total amount to be levied and collected through assessments for the current fiscal year. The balance to levy represents the sum of total direct and administration costs, together with any applicable adjustments to the budget as described above.

DISTRICT STATISTICS:

Charge Per EDU – The proposed assessment rate per EDU.

Maximum Rate per EDU – For each District, the maximum rate per EDU is the prior year maximum assessment rate of any District not subject to annual rate increases; the maximum rate per EDU in all other Districts is the prior year maximum assessment rate inflated by the annual percentage CPI increase.

Projected Maximum Assessment – Represents each District’s total EDUs times the respective maximum assessment rate per EDU. Since this amount is not affected by rounding or other County requirements, this amount may vary slightly from the Balance to Levy.

OPERATING RESERVE
Projected Beginning Reserve Balance - The projected fund balance as of July 1, 2025.

Page 94 of 356 ends

W w1LLDAN
2025/2026 City of Livingston - Benefit Assessment Districts Page 12 Replenish /(Use) Operating Reserve — A positive amount increases the levy in order to replenish the reserve (or fund anticipated costs) where a negative amount reduces the levy by using the reserves to offset costs.

Transfer from/(to) the Special Projects Reserve — The amount of Operating Reserve monies expected to be transferred to or from the Special Projects Reserve in order to arrive at an operating reserve balance generally sufficient to fund District expenses for six months, to the extent that funds are available.

Ending Reserve Balance (est.) — This amount represents the projected Operating Reserve balance/(deficit) for each District as of June 30, 2026. The optimum ending balance of the Operating Reserve is considered to be an amount sufficient to fund the estimated costs of the District from July 1, 2026 to December 31, 2026.

SPECIAL PROJECTS RESERVE:

Beginning Reserve Balance — The Special Projects Beginning Reserve Balance is shown as zero as each District’s entire beginning reserve balance is shown in the Operating Reserve.

Replenish /(Use) Special Projects Reserve — This amount is added to the levy to replenish the reserves and / or to fund anticipated needs of the District.

Transfer from/(to) the Operating Reserve — The amount of Operating Reserve monies expected to be transferred to or from the Special Projects Reserve in order to arrive at an operating reserve balance generally sufficient to fund District expenses for six months.

Ending Reserve Balance (est.) — The projected balance of funds in the Special Projects Reserve as of June 30, 2026. These funds are held for future rehabilitation projects, replacements, restorations, upgrades of District improvements or other improvements allowed by the Act. Periodically, funds held in a Special Projects Reserve may be needed to respond to changing maintenance needs of the improvements or other factors. Accordingly, any or all funds held in a Special Projects Reserve are subject to transfer into the same District’s Operating Reserve, at the discretion of the Public Works Director, in order to provide for the replacement, maintenance, servicing and operation of the improvements.

Page 95 of 356 ends

W w1LLDAN
2025/2026 City of Livingston - Benefit Assessment Districts Page 13 B. District Budget
Description
Country
Glen
Country
Roads
Vintage
West Area A
Monte
Cristo
Monte
Cristo II
(Briarwood)
Direct Costs
Personnel $397 $725 $397 $1,741 $1,748
Operations & Maintenance 452 1,390 547 4,214 4,220
Total Direct Costs $848 $2,115 $944 $5,955 $5,968
Administration Costs 226 426 300 946 933
Levy Breakdown
Total Direct and Admin Costs $1,074 $2,541 $1,244 $6,901 $6,901 Special Project Reserve Acct 819 899 595 2,411 2,702
General Fund Contribution
Rounding Adjustment
Balance to Levy $1,892.88 $3,440.00 $1,839.00 $9,312.00 $9,603.00

District Statistics
Charge Per EDU* $43.02 $17.20 $24.52 $145.50 $145.50
Total EDUs 44 200 75 64 66
Total Levied Parcels 44 200 75 64 66

Maximum Rate Per EDU $43.02 $17.20 $24.52 $145.50 $145.50 Projected Maximum Assessment $1,893 $3,440 $1,839 $9,312 $9,603

Operating Reserve
Projected Beginning Reserve Balance (7-1-24) $5,970 $3,531 $2,905 $6,448 $6,328 Replenish /(Use) Operating Reserve 819 899 595 2,411 2,702 Transfer fm/(to) Spec Projects Reserve (6,364) (3,373) (3,028) (5,881) (6,046) Ending Reserve Balance (est.) (7-1-25) $424 $1,057 $472 $2,978 $2,984 Special Projects Reserve
Projected Beginning Balance (7-1-24) $0 $0 $0 $0 $0
Replenish /(Use) Spec Projects Reserve 0 0 0 0 0
Transfer from / (to) Operating Reserve 6,364 3,373 3,028 5,881 6,046 Ending Reserve Balance (est.) (7-1-25) 6,364 3,373 3,028 5,881 6,046 *Rates have been rounded to nearest even penny per Merced County Requirements.

Page 96 of 356 ends

W w1LLDAN
2025/2026 City of Livingston - Benefit Assessment Districts Page 14 District Budget
(Continued)
Description
Vinewood
Estates
Vinewood
Estates II
(Briarwood)
Kensington
Park South
(Vineyard
Estates)
Bridgeport
Village
Davante
Villas
Direct Costs
Personnel $1,098 $239 $238 $2,215 $4,200
Operations & Maintenance 1,437 329 228 4,781 10,988
Total Direct Costs $2,535 $568 $466 $6,996 $15,188
Administration Costs 560 150 238 1,051 2,423
Levy Breakdown
Total Direct and Admin Costs $3,095 $718 $704 $8,047 $17,611 Special Project Reserve Acct 2,388 497 461 4,032 5,238
General Fund Contribution
Rounding Adjustment
Balance to Levy $5,483.34 $1,215.15 $1,164.90 $12,078.60 $22,849.02

District Statistics
Charge Per EDU* $44.58 $81.01 $38.83 $147.30 $149.34
Total EDUs 123 15 30 82 153
Total Levied Parcels 123 15 30 82 153

Maximum Rate Per EDU $44.58 $81.01 $38.83 $147.30 $149.34 Projected Maximum Assessment $5,483 $1,215 $1,165 $12,079 $22,849

Operating Reserve
Projected Beginning Reserve Balance (7-1-24) $24,322 $9,354 ($1,412) $13,930 ($5,524) Replenish /(Use) Operating Reserve 2,388 497 461 4,032 5,238 Transfer fm/(to) Spec Projects Reserve (25,443) (9,567) 0 (14,464) 0 Ending Reserve Balance (est.) (7-1-25) $1,268 $284 ($951) $3,498 ($286) Special Projects Reserve
Projected Beginning Balance (7-1-24) $0 $0 $0 $0 $0
Replenish /(Use) Spec Projects Reserve 0 0 0 0 0
Transfer from / (to) Operating Reserve 25,443 9,567 0 14,464 0 Ending Reserve Balance (est.) (7-1-25) 25,443 9,567 0 14,464 0 *Rates have been rounded to nearest even penny per Merced County Requirements

Page 97 of 356 ends

W w1LLDAN
2025/2026 City of Livingston - Benefit Assessment Districts Page 15 District Budget
(Continued)
Description
Strawberry
Fields
Sundance
(Country
Villas
1, 2 & 3)
Sundance IV
(Country Villas
IV)
Parkside
Forecast
Country
Lane I
(Liberty
Square)
Direct Costs
Personnel $160 $4,811 $2,525 $4,990 $1,408
Operations & Maintenance 318 14,103 5,323 11,630 3,187
Total Direct Costs $479 $18,914 $7,848 $16,620 $4,595
Administration Costs 135 2,329 1,223 2,634 811
Levy Breakdown
Total Direct and Admin Costs $614 $21,243 $9,071 $19,254 $5,406 Special Project Reserve Acct 270 4,788 5,217 7,996 2,957 General Fund Contribution
Rounding Adjustment
Balance to Levy $883.80 $26,031.97 $14,288.10 $27,250.50 $8,363.04

District Statistics
Charge Per EDU* $147.30 $145.43 $147.30 $147.30 $149.34 Total EDUs 6 179 97 185 56
Total Levied Parcels 6 179 97 185 56

Maximum Rate Per EDU $147.30 $145.43 $147.30 $147.30 $149.34 Projected Maximum Assessment $884 $26,032 $14,288 $27,251 $8,363

Operating Reserve
Projected Beginning Reserve Balance (7-1-24) $678 $13,115 $11,295 ($7,441) $7,544 Replenish /(Use) Operating Reserve 270 4,788 5,217 7,996 2,957 Transfer fm/(to) Spec Projects Reserve (709) (8,446) (12,588) 0 (8,204) Ending Reserve Balance (est.) (7-1-25) $239 $9,457 $3,924 $555 $2,297 Special Projects Reserve
Projected Beginning Balance (7-1-24) $0 $0 $0 $0 $0
Replenish /(Use) Spec Projects Reserve 0 0 0 0 0
Transfer from / (to) Operating Reserve 709 8,446 12,588 0 8,204 Ending Reserve Balance (est.) (7-1-25) 709 8,446 12,588 0 8,204 * Rates have been rounded to nearest even penny per Merced County Requirements.

Page 98 of 356 ends

W w1LLDAN
2025/2026 City of Livingston - Benefit Assessment Districts Page 16 District Budget
(Continued)
Description
Country
Lane II
(Country
Lane,
Kishi)
La Tierra
(Rancho
Estrada)
Vintage
West
Area B
Somerset
(Sun Valley
Estates)
Direct Costs
Personnel $4,337 $2,048 $2,487 $3,796
Operations & Maintenance 9,689 4,765 793 7,436
Total Direct Costs $14,026 $6,813 $3,280 $11,232
Administration Costs 2,261 988 991 1,709
Levy Breakdown
Total Direct and Admin Costs $16,287 $7,801 $4,271 $12,941 Special Project Reserve Acct 7,159 3,541 6,744 6,364
General Fund Contribution
Rounding Adjustment
Balance to Levy $23,446.38 $11,342.10 $11,014.92 $19,304.95

District Statistics
Charge Per EDU* $149.34 $147.30 $78.12 $145.15
Total EDUs 157 77 141 133
Total Levied Parcels 157 77 141 133

Maximum Rate Per EDU $149.34 $147.30 $78.12 $145.15
Projected Maximum Assessment $23,446 $11,342 $11,015 $19,305

Operating Reserve
Projected Beginning Reserve Balance (7-1-24) ($2,460) $5,339 $39,780 ($13,420) Replenish /(Use) Operating Reserve 7,159 3,541 6,744 6,364 Transfer fm/(to) Spec Projects Reserve 0 (5,474) (44,884) 0 Ending Reserve Balance (est.) (7-1-25) $4,699 $3,406 $1,640 ($7,056) Special Projects Reserve
Projected Beginning Balance (7-1-24) $0 $0 $0 $0
Replenish /(Use) Spec Projects Reserve 0 0 0 0
Transfer from / (to) Operating Reserve 0 5,474 44,884 0 Ending Reserve Balance (est.) (7-1-25) 0 5,474 44,884 0 * Rates have been rounded to nearest even penny per Merced County Requirements.

Page 99 of 356 ends

W w1LLDAN
2025/2026 City of Livingston - Benefit Assessment Districts Page 17 V. APPENDIX A — DISTRICT BOUNDARY DIAGRAMS
The Boundary Diagram for each District have been previously submitted to the City Clerk in the format required under the Act and are, by reference, hereby made part of this Report.

The Boundary Diagrams are available for inspection at the office of the City Clerk during normal business hours. An overview map showing the general location of the boundaries of each of the City’s Benefit Assessment Districts is provided on the follow page.

The lines and dimensions of each lot or parcel within the Districts are those lines and dimensions shown on the maps of the Assessor of the County of Merced, for the year when this Report was prepared, and are also incorporated by reference herein and made part of this Report.

Page 100 of 356 ends

W w1LLDAN

Page 101 of 356 ends

OSS AVE.

VINEWOOD AVE,
FLINT AVE.

PEACH AVE.

CITY OF LIVINGSTON

BENEFIT ASSESSMENT DISTRICTS
EUCALYPTUS AVE.

BIRD ST.

OLIVE AVE.

WALNUT AVE.
ii!
LEGEND:
- BOUNDARYLINE - BRIDGEPORT VILLAGE - COUNTRY GLEN - COUNTRY LANE I (LIBERTY SQUARE) - COUNTRY LANE II (KISHI) - COUNTRY ROADS - DAVAN!c VIULAS

G KENSINGTON PARK SOUTH (VINEYARD ESTATES)
- LATIERRA - MONTECRISTOESTATES - MONTE CRISTO ESTATES II - PARKSIDE

L STRAWBERRY FIELDS
- SUNDANCE (COUNTRY VIULAS)
- SUNDANCE IV - VlNEWOOD ESTATES
P VlNEWOOD ESTATES (BRIARWOOD)
- VINTAGE WEST

R SOMERSET (SUN VALLEY ESTATES)
l2Q2j HIGHWAY99
"REVISEOJIJNE27,2007
2025/2026 City of Livingston - Benefit Assessment Districts Page 19 VI. APPENDIX B — 2025/2026 ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Merced County Assessor's map for the year in which this Report is prepared. The land use classification for each parcel is based on the Merced County Assessor’s Roll. A listing of parcels assessed within each District, along with the corresponding assessment amount of each, is provided in the following pages.

Non-assessable lots or parcels may include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-ways including public greenbelts and parkways; utility rights-of-ways; common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that cannot be developed. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. Properties outside the District boundary receive no direct or special benefits from the improvements provided by the District and are not assessed.

Approval of this Report (as submitted or as modified) confirms the method of apportionment and the maximum assessment rate to be levied against each eligible parcel and thereby constitutes the approved levy and collection of assessments for the fiscal year. The parcels and the amount of assessment to be levied shall be submitted to the County Auditor/Controller and included on the property tax roll for the fiscal year.

If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report.

Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

Page 102 of 356 ends

W w1LLDAN

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU CHARGE
($)
022-062-001-000 337 PARADISE DR 1.0 $43.02
022-062-002-000 349 PARADISE DR 1.0 43.02
022-062-003-000 361 PARADISE DR 1.0 43.02
022-062-004-000 373 PARADISE DR 1.0 43.02
022-063-001-000 915 HILLTOP AVE 1.0 43.02
022-063-002-000 931 HILLTOP AVE 1.0 43.02
022-063-003-000 947 HILLTOP AVE 1.0 43.02
022-063-004-000 963 HILLTOP AVE 1.0 43.02
022-063-005-000 979 HILLTOP AVE 1.0 43.02
022-063-006-000 995 HILLTOP AVE 1.0 43.02
022-067-026-000 996 HILLTOP AVE 1.0 43.02
022-067-027-000 980 HILLTOP AVE 1.0 43.02
022-067-028-000 964 HILLTOP AVE 1.0 43.02
022-067-029-000 948 HILLTOP AVE 1.0 43.02
022-067-030-000 932 HILLTOP AVE 1.0 43.02
022-067-031-000 916 HILLTOP DR 1.0 43.02
022-071-001-000 988 AUBURN CT 1.0 43.02
022-071-002-000 976 AUBURN CT 1.0 43.02
022-071-003-000 968 AUBURN CT 1.0 43.02
022-071-004-000 960 AUBURN CT 1.0 43.02
022-071-005-000 948 AUBURN CT 1.0 43.02
022-071-006-000 936 AUBURN CT 1.0 43.02
022-071-007-000 928 AUBURN CT 1.0 43.02
022-071-008-000 920 AUBURN CT 1.0 43.02
022-071-009-000 912 AUBURN CT 1.0 43.02
022-071-011-000 915 AUBURN CT 1.0 43.02
022-071-012-000 925 AUBURN CT 1.0 43.02
022-071-013-000 933 AUBURN CT 1.0 43.02
022-071-014-000 414 PARADISE CT 1.0 43.02
022-071-015-000 426 PARADISE CT 1.0 43.02
022-071-016-000 440 PARADISE CT 1.0 43.02
022-071-017-000 452 PARADISE CT 1.0 43.02
022-071-018-000 466 PARADISE CT 1.0 43.02
022-071-019-000 482 PARADISE CT 1.0 43.02
022-071-020-000 498 PARADISE CT 1.0 43.02
022-071-021-000 499 PARADISE CT 1.0 43.02
022-071-022-000 483 PARADISE CT 1.0 43.02
022-071-023-000 467 PARADISE CT 1.0 43.02
022-071-024-000 453 PARADISE CT 1.0 43.02
022-071-025-000 441 PARADISE CT 1.0 43.02
022-071-026-000 427 PARADISE CT 1.0 43.02
022-071-027-000 415 PARADISE CT 1.0 43.02
022-072-001-000 385 PARADISE DR 1.0 43.02
022-072-002-000 399 PARADISE DR 1.0 43.02
Summary Fields Value
Number of Parcels to be Levied 44
Total EDUs 44.00
Total Charges $1,892.88
City of Livingston
BAD - Country Glen
Fiscal Year 2025/26 Preliminary Assessment Roll
Willdan Financial Services

Page 103 of 356 ends
Page 1 of 1 ends

I I

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU CHARGE
($)
143-271-001-000 828 DWIGHT WAY 1.0 $17.20
143-271-002-000 824 MAPLE AVE 1.0 17.20
143-271-003-000 812 MAPLE AVE 1.0 17.20
143-271-004-000 800 MAPLE AVE 1.0 17.20
143-271-005-000 788 MAPLE AVE 1.0 17.20
143-271-006-000 776 MAPLE AVE 1.0 17.20
143-271-007-000 780 DWIGHT WAY 1.0 17.20
143-271-008-000 792 DWIGHT WAY 1.0 17.20
143-271-009-000 804 DWIGHT WAY 1.0 17.20
143-271-010-000 816 DWIGHT WAY 1.0 17.20
143-272-001-000 708 DWIGHT WAY 1.0 17.20
143-272-002-000 720 DWIGHT WAY 1.0 17.20
143-272-003-000 732 DWIGHT WAY 1.0 17.20
143-272-004-000 744 DWIGHT WAY 1.0 17.20
143-272-005-000 756 DWIGHT WAY 1.0 17.20
143-272-006-000 768 DWIGHT WAY 1.0 17.20
143-272-007-000 764 MAPLE AVE 1.0 17.20
143-272-008-000 752 MAPLE AVE 1.0 17.20
143-272-009-000 740 MAPLE AVE 1.0 17.20
143-272-010-000 726 MAPLE AVE 1.0 17.20
143-272-011-000 712 MAPLE AVE 1.0 17.20
143-272-012-000 2832 ELM ST 1.0 17.20
143-272-013-000 2836 ELM ST 1.0 17.20
143-272-014-000 2842 ELM ST 1.0 17.20
143-272-015-000 2850 ELM ST 1.0 17.20
143-272-016-000 2858 ELM ST 1.0 17.20
143-272-017-000 2866 ELM ST 1.0 17.20
143-272-018-000 2872 ELM ST 1.0 17.20
143-272-019-000 2880 ELM ST 1.0 17.20
143-272-020-000 2886 ELM ST 1.0 17.20
143-272-021-000 2890 ELM ST 1.0 17.20
143-272-022-000 2896 ELM ST 1.0 17.20
143-273-001-000 817 MAPLE AVE 1.0 17.20
143-273-002-000 805 MAPLE AVE 1.0 17.20
143-273-003-000 793 MAPLE AVE 1.0 17.20
143-273-004-000 781 MAPLE AVE 1.0 17.20
143-273-005-000 769 MAPLE AVE 1.0 17.20
143-273-006-000 757 MAPLE AVE 1.0 17.20
143-273-007-000 2837 ELM ST 1.0 17.20
143-273-008-000 2843 ELM ST 1.0 17.20
143-273-009-000 2851 ELM ST 1.0 17.20
143-273-010-000 2859 ELM ST 1.0 17.20
143-273-011-000 2865 ELM ST 1.0 17.20
143-273-012-000 2871 ELM ST 1.0 17.20
143-273-013-000 2879 ELM ST 1.0 17.20
143-273-014-000 2885 ELM ST 1.0 17.20
143-273-015-000 2889 ELM ST 1.0 17.20
143-273-016-000 2897 ELM ST 1.0 17.20
143-273-017-000 2894 BIRCH ST 1.0 17.20
143-273-018-000 2892 BIRCH ST 1.0 17.20
143-273-019-000 2888 BIRCH ST 1.0 17.20
143-273-020-000 2882 BIRCH ST 1.0 17.20
143-273-021-000 2874 BIRCH ST 1.0 17.20
City of Livingston
BAD - Country Roads
Fiscal Year 2025/26 Preliminary Assessment Roll
Willdan Financial Services Page 1 of 4

Page 104 of 356 ends

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU CHARGE
($)
City of Livingston
BAD - Country Roads
Fiscal Year 2025/26 Preliminary Assessment Roll
143-273-022-000 2868 BIRCH ST 1.0 17.20
143-273-023-000 2860 BIRCH ST 1.0 17.20
143-273-024-000 763 ALDER ST 1.0 17.20
143-273-025-000 775 ALDER ST 1.0 17.20
143-273-026-000 787 ALDER ST 1.0 17.20
143-273-027-000 799 ALDER WAY 1.0 17.20
143-273-028-000 2850 BLACK PINE WAY 1.0 17.20
143-274-001-000 2867 BIRCH ST 1.0 17.20
143-274-002-000 2873 BIRCH ST 1.0 17.20
143-274-003-000 2881 BIRCH ST 1.0 17.20
143-274-004-000 2887 BIRCH ST 1.0 17.20
143-274-005-000 2891 BIRCH ST 1.0 17.20
143-274-006-000 2895 BIRCH ST 1.0 17.20
143-274-007-000 2899 BIRCH ST 1.0 17.20
143-274-008-000 2901 BIRCH ST 1.0 17.20
143-274-009-000 2915 BIRCH ST 1.0 17.20
143-274-010-000 785 CEDAR LN 1.0 17.20
143-274-011-000 795 CEDAR LN 1.0 17.20
143-274-012-000 801 CEDAR LN 1.0 17.20
143-274-013-000 2914 BLACK PINE WAY 1.0 17.20
143-274-014-000 2900 BLACK PINE WAY 1.0 17.20
143-274-015-000 2898 BLACK PINE WAY 1.0 17.20
143-274-016-000 2894 BLACK PINE WAY 1.0 17.20
143-274-017-000 2892 BLACK PINE WAY 1.0 17.20
143-274-018-000 2888 BLACK PINE WAY 1.0 17.20
143-274-019-000 2882 BLACK PINE WAY 1.0 17.20
143-274-020-000 2874 BLACK PINE WAY 1.0 17.20
143-274-021-000 800 ALDER WAY 1.0 17.20
143-275-001-000 700 SYCAMORE ST 1.0 17.20
143-275-002-000 710 SYCAMORE ST 1.0 17.20
143-275-003-000 724 SYCAMORE ST 1.0 17.20
143-275-004-000 746 SYCAMORE ST 1.0 17.20
143-275-005-000 760 SYCAMORE ST 1.0 17.20
143-275-006-000 768 SYCAMORE ST 1.0 17.20
143-275-007-000 771 CEDAR CT 1.0 17.20
143-275-008-000 761 CEDAR CT 1.0 17.20
143-275-009-000 747 CEDAR CT 1.0 17.20
143-275-010-000 729 CEDAR CT 1.0 17.20
143-275-011-000 709 CEDAR CT 1.0 17.20
143-275-012-000 702 CEDAR CT 1.0 17.20
143-275-013-000 712 CEDAR CT 1.0 17.20
143-275-014-000 722 CEDAR CT 1.0 17.20
143-275-015-000 734 CEDAR CT 1.0 17.20
143-275-016-000 742 CEDAR CT 1.0 17.20
143-275-017-000 758 CEDAR CT 1.0 17.20
143-275-018-000 770 CEDAR CT 1.0 17.20
143-275-019-000 776 CEDAR ST 1.0 17.20
143-275-020-000 788 CEDAR ST 1.0 17.20
143-275-021-000 794 CEDAR LN 1.0 17.20
143-275-022-000 800 CEDAR LN 1.0 17.20
143-275-023-000 806 CEDAR LN 1.0 17.20
143-281-002-000 924 DWIGHT WAY 1.0 17.20
143-281-003-000 912 DWIGHT WAY 1.0 17.20
Willdan Financial Services Page 2 of 4

Page 105 of 356 ends

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU CHARGE
($)
City of Livingston
BAD - Country Roads
Fiscal Year 2025/26 Preliminary Assessment Roll
143-281-005-000 888 DWIGHT WAY 1.0 17.20
143-281-006-000 876 DWIGHT WAY 1.0 17.20
143-281-007-000 864 DWIGHT WAY 1.0 17.20
143-281-008-000 852 DWIGHT WAY 1.0 17.20
143-281-009-000 840 DWIGHT WAY 1.0 17.20
143-281-010-000 836 MAPLE CT 1.0 17.20
143-281-011-000 848 MAPLE CT 1.0 17.20
143-281-012-000 860 MAPLE CT 1.0 17.20
143-281-013-000 872 MAPLE CT 1.0 17.20
143-281-014-000 884 MAPLE CT 1.0 17.20
143-281-015-000 896 MAPLE CT 1.0 17.20
143-281-016-000 908 MAPLE CT 1.0 17.20
143-281-017-000 920 MAPLE CT 1.0 17.20
143-281-018-000 913 MAPLE CT 1.0 17.20
143-281-019-000 901 MAPLE CT 1.0 17.20
143-281-020-000 889 MAPLE CT 1.0 17.20
143-281-021-000 877 MAPLE CT 1.0 17.20
143-281-022-000 865 MAPLE CT 1.0 17.20
143-281-023-000 853 MAPLE CT 1.0 17.20
143-281-024-000 841 MAPLE CT 1.0 17.20
143-281-025-000 2843 BLACK PINE WAY 1.0 17.20
143-281-026-000 2851 BLACK PINE WAY 1.0 17.20
143-281-027-000 2859 BLACK PINE WAY 1.0 17.20
143-281-028-000 2865 BLACK PINE WAY 1.0 17.20
143-281-029-000 2871 BLACK PINE WAY 1.0 17.20
143-281-030-000 2885 BLACK PINE WAY 1.0 17.20
143-281-031-000 2895 BLACK PINE WAY 1.0 17.20
143-281-032-000 2899 BLACK PINE WAY 1.0 17.20
143-281-033-000 801 ZELKOVA WAY 1.0 17.20
143-281-034-000 817 ZELKOVA WAY 1.0 17.20
143-281-035-000 2892 AMBER CT 1.0 17.20
143-281-036-000 2888 AMBER CT 1.0 17.20
143-281-037-000 2882 AMBER CT 1.0 17.20
143-281-038-000 2874 AMBER CT 1.0 17.20
143-281-039-000 2868 AMBER CT 1.0 17.20
143-281-040-000 2864 AMBER CT 1.0 17.20
143-281-041-000 2858 AMBER CT 1.0 17.20
143-281-042-000 2859 AMBER CT 1.0 17.20
143-281-043-000 2869 AMBER CT 1.0 17.20
143-281-044-000 2865 AMBER CT 1.0 17.20
143-281-045-000 2867 AMBER CT 1.0 17.20
143-281-046-000 2873 AMBER CT 1.0 17.20
143-281-047-000 2881 AMBER CT 1.0 17.20
143-281-048-000 2887 AMBER CT 1.0 17.20
143-281-049-000 2891 AMBER CT 1.0 17.20
143-281-050-000 827 ZELKOVA WAY 1.0 17.20
143-281-051-000 2906 EVERGREEN CT 1.0 17.20
143-281-052-000 2900 EVERGREEN CT 1.0 17.20
143-281-053-000 2894 EVERGREEN CT 1.0 17.20
143-281-054-000 2882 EVERGREEN CT 1.0 17.20
143-281-055-000 2876 EVERGREEN CT 1.0 17.20
143-281-056-000 2870 EVERGREEN CT 1.0 17.20
143-281-057-000 2864 EVERGREEN CT 1.0 17.20
Willdan Financial Services Page 3 of 4

Page 106 of 356 ends

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU CHARGE
($)
City of Livingston
BAD - Country Roads
Fiscal Year 2025/26 Preliminary Assessment Roll
143-281-058-000 2858 EVERGREEN CT 1.0 17.20
143-281-059-000 2859 EVERGREEN CT 1.0 17.20
143-281-060-000 2865 EVERGREEN CT 1.0 17.20
143-281-061-000 NO SITUS ADDRESS 1.0 17.20
143-281-062-000 2877 EVERGREEN CT 1.0 17.20
143-281-063-000 2881 EVERGREEN CT 1.0 17.20
143-281-064-000 2887 EVERGREEN CT 1.0 17.20
143-281-065-000 2895 EVERGREEN CT 1.0 17.20
143-281-066-000 2901 EVERGREEN CT 1.0 17.20
143-281-067-000 NO SITUS ADDRESS 1.0 17.20
143-281-068-000 2913 EVERGREEN WAY 1.0 17.20
143-281-069-000 2919 EVERGREEN WAY 1.0 17.20
143-281-070-000 2925 EVERGREEN CT 1.0 17.20
143-281-071-000 2931 EVERGREEN WAY 1.0 17.20
143-281-072-000 2937 EVERGREEN WAY 1.0 17.20
143-281-073-000 2943 EVERGREEN CT 1.0 17.20
143-281-074-000 866 CEDAR LN 1.0 17.20
143-281-075-000 860 CEDAR LN 1.0 17.20
143-281-076-000 854 CEDAR LN 1.0 17.20
143-281-077-000 848 CEDAR LN 1.0 17.20
143-281-078-000 842 CEDAR LN 1.0 17.20
143-281-079-000 836 CEDAR LN 1.0 17.20
143-281-080-000 830 CEDAR LN 1.0 17.20
143-281-081-000 824 CEDAR LN 1.0 17.20
143-281-082-000 818 CEDAR LN 1.0 17.20
143-281-083-000 812 CEDAR LN 1.0 17.20
143-282-001-000 828 ZELKOVA WAY 1.0 17.20
143-282-002-000 824 ZELKOVA WAY 1.0 17.20
143-282-003-000 816 ZELKOVA WAY 1.0 17.20
143-282-004-000 812 ZELKOVA WAY 1.0 17.20
143-282-005-000 800 ZELKOVA WAY 1.0 17.20
143-282-006-000 2901 BLACK PINE WAY 1.0 17.20
143-282-007-000 817 CEDAR LN 1.0 17.20
143-282-008-000 827 CEDAR LN 1.0 17.20
143-282-009-000 833 CEDAR LN 1.0 17.20
143-282-010-000 839 CEDAR LN 1.0 17.20
143-282-011-000 845 CEDAR LN 1.0 17.20
143-282-012-000 851 CEDAR LN 1.0 17.20
143-282-013-000 857 CEDAR LN 1.0 17.20
143-282-014-000 840 ZELKOVA WAY 1.0 17.20
143-282-015-000 834 ZELKOVA WAY 1.0 17.20
Summary Fields Value
Number of Parcels to be Levied 200
Total EDUs 200.00
Total Charges $3,440.00
Willdan Financial Services Page 4 of 4

Page 107 of 356 ends

I I

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU AREA CHARGE
($)
023-091-012-000 2349 BURGUNDY DR 1.0 A $24.52
023-091-013-000 2363 BURGUNDY DR 1.0 A 24.52
023-091-014-000 2377 BURGUNDY DR 1.0 A 24.52
023-091-015-000 2391 BURGUNDY DR 1.0 A 24.52
023-091-016-000 2403 BURGUNDY DR 1.0 A 24.52
023-091-017-000 2417 BURGUNDY DR 1.0 A 24.52
023-091-018-000 2431 BURGUNDY DR 1.0 A 24.52
023-091-019-000 2449 BURGUNDY DR 1.0 A 24.52
023-091-020-000 2463 BURGUNDY DR 1.0 B 78.12
023-091-021-000 2477 BURGUNDY DR 1.0 B 78.12
023-093-009-000 1322 CHABLIS CT 1.0 A 24.52
023-093-010-000 1336 CHABLIS CT 1.0 A 24.52
023-093-011-000 1350 CHABLIS CT 1.0 A 24.52
023-093-012-000 1408 CHABLIS CT 1.0 A 24.52
023-093-013-000 1422 CHABLIS CT 1.0 A 24.52
023-093-014-000 1432 CHABLIS CT 1.0 A 24.52
023-093-015-000 1446 CHABLIS CT 1.0 A 24.52
023-093-016-000 1459 CHABLIS CT 1.0 A 24.52
023-093-017-000 1447 CHABLIS CT 1.0 A 24.52
023-093-018-000 1435 CHABLIS CT 1.0 A 24.52
023-093-019-000 1421 CHABLIS CT 1.0 A 24.52
023-093-020-000 1407 CHABLIS CT 1.0 A 24.52
023-093-021-000 1347 CHABLIS CT 1.0 A 24.52
023-093-022-000 1333 CHABLIS CT 1.0 A 24.52
023-093-023-000 1323 CHABLIS CT 1.0 A 24.52
023-093-024-000 1322 CHARDONNAY WAY 1.0 A 24.52
023-093-025-000 1336 CHARDONNAY WAY 1.0 A 24.52
023-093-026-000 1350 CHARDONNAY WAY 1.0 A 24.52
023-093-027-000 1408 CHARDONNAY WAY 1.0 A 24.52
023-093-028-000 1422 CHARDONNAY WAY 1.0 A 24.52
023-093-029-000 1432 CHARDONNAY WAY 1.0 A 24.52
023-093-030-000 1446 CHARDONNAY WAY 1.0 A 24.52
023-093-031-000 1458 CHARDONNAY WAY 1.0 A 24.52
023-094-001-000 1323 CHARDONNAY WAY 1.0 A 24.52
023-094-002-000 1333 CHARDONNAY WAY 1.0 A 24.52
023-094-003-000 1347 CHARDONNAY WAY 1.0 A 24.52
023-094-004-000 1407 CHARDONNAY WAY 1.0 A 24.52
023-094-005-000 1421 CHARDONNAY WAY 1.0 A 24.52
023-094-006-000 1435 CHARDONNAY WAY 1.0 A 24.52
023-094-007-000 1447 CHARDONNAY WAY 1.0 A 24.52
023-094-008-000 1459 CHARDONNAY WAY 1.0 A 24.52
023-094-009-000 1470 CHIANTI DR 1.0 B 78.12
023-094-010-000 1458 CHIANTI DR 1.0 B 78.12
023-094-011-000 1446 CHIANTI DR 1.0 B 78.12
023-094-012-000 1434 CHIANTI DR 1.0 B 78.12
023-094-013-000 1422 CHIANTI DR 1.0 B 78.12
023-094-014-000 1408 CHIANTI DR 1.0 B 78.12
023-094-015-000 1346 CHIANTI DR 1.0 B 78.12
023-094-016-000 1334 CHIANTI DR 1.0 B 78.12
023-094-017-000 1322 CHIANTI DR 1.0 B 78.12
023-100-001-000 2491 BURGUNDY DR 1.0 B 78.12
023-100-002-000 2507 BURGUNDY DR 1.0 B 78.12
023-100-003-000 2521 BURGUNDY DR 1.0 B 78.12
City of Livingston
BAD - Vintage West
Fiscal Year 2025/26 Preliminary Assessment Roll
Willdan Financial Services Page 1 of 5

Page 108 of 356 ends

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU AREA CHARGE
($)
City of Livingston
BAD - Vintage West
Fiscal Year 2025/26 Preliminary Assessment Roll
023-100-004-000 2535 BURGUNDY DR 1.0 B 78.12
023-100-005-000 2551 BURGUNDY DR 1.0 B 78.12
023-100-006-000 2565 BURGUNDY DR 1.0 B 78.12
023-100-007-000 2579 BURGUNDY DR 1.0 B 78.12
023-100-008-000 2593 BURGUNDY DR 1.0 B 78.12
023-100-009-000 2607 BURGUNDY DR 1.0 B 78.12
023-100-010-000 2621 BURGUNDY DR 1.0 B 78.12
023-100-011-000 2635 BURGUNDY DR 1.0 B 78.12
023-100-012-000 2634 BURGUNDY DR 1.0 B 78.12
023-100-013-000 2620 BURGUNDY DR 1.0 B 78.12
023-100-014-000 2606 BURGUNDY DR 1.0 B 78.12
023-100-015-000 2607 CLARET CIR 1.0 B 78.12
023-100-016-000 2621 CLARET CIR 1.0 B 78.12
023-100-017-000 2635 CLARET CIR 1.0 B 78.12
023-100-018-000 2634 CLARET CIR 1.0 B 78.12
023-100-019-000 2620 CLARET CIR 1.0 B 78.12
023-100-020-000 2606 CLARET CIR 1.0 B 78.12
023-100-021-000 1458 PINOT DR 1.0 B 78.12
023-100-022-000 1446 PINOT DR 1.0 B 78.12
023-100-023-000 1434 PINOT DR 1.0 B 78.12
023-100-024-000 1422 PINOT DR 1.0 B 78.12
023-100-025-000 1346 PINOT DR 1.0 B 78.12
023-100-026-000 1334 PINOT DR 1.0 B 78.12
023-100-027-000 1322 PINOT DR 1.0 B 78.12
023-100-028-000 2570 BURGUNDY DR 1.0 B 78.12
023-100-029-000 2552 BURGUNDY DR 1.0 B 78.12
023-100-030-000 2534 BURGUNDY DR 1.0 B 78.12
023-100-031-000 2508 BURGUNDY DR 1.0 B 78.12
023-100-032-000 1323 CHIANTI DR 1.0 B 78.12
023-100-033-000 1333 CHIANTI DR 1.0 B 78.12
023-100-034-000 1347 CHIANTI DR 1.0 B 78.12
023-100-035-000 1407 CHIANTI DR 1.0 B 78.12
023-100-036-000 1421 CHIANTI DR 1.0 B 78.12
023-100-037-000 1435 CHIANTI DR 1.0 B 78.12
023-100-038-000 1449 CHIANTI DR 1.0 B 78.12
023-100-039-000 1458 BRANDY CT 1.0 B 78.12
023-100-040-000 1446 BRANDY CT 1.0 B 78.12
023-100-041-000 1434 BRANDY CT 1.0 B 78.12
023-100-042-000 1422 BRANDY CT 1.0 B 78.12
023-100-043-000 1408 BRANDY CT 1.0 B 78.12
023-100-044-000 1401 BRANDY CT 1.0 B 78.12
023-100-045-000 1407 BRANDY CT 1.0 B 78.12
023-100-046-000 1421 BRANDY CT 1.0 B 78.12
023-100-047-000 1435 BRANDY CT 1.0 B 78.12
023-100-048-000 1449 BRANDY CT 1.0 B 78.12
023-110-018-000 2349 ZINFANDEL DR 1.0 A 24.52
023-110-019-000 2363 ZINFANDEL DR 1.0 A 24.52
023-110-020-000 2377 ZINFANDEL DR 1.0 A 24.52
023-110-021-000 2391 ZINFANDEL DR 1.0 A 24.52
023-110-022-000 2403 ZINFANDEL DR 1.0 A 24.52
023-110-023-000 2402 ZINFANDEL DR 1.0 A 24.52
023-110-024-000 2390 ZINFANDEL DR 1.0 A 24.52
023-110-025-000 2376 ZINFANDEL DR 1.0 A 24.52
Willdan Financial Services Page 2 of 5

Page 109 of 356 ends

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU AREA CHARGE
($)
City of Livingston
BAD - Vintage West
Fiscal Year 2025/26 Preliminary Assessment Roll
023-110-026-000 2362 ZINFANDEL DR 1.0 A 24.52
023-110-027-000 2348 ZINFANDEL DR 1.0 A 24.52
023-110-028-000 2349 JOHANNISBURG DR 1.0 A 24.52
023-110-029-000 2363 JOHANNISBURG DR 1.0 A 24.52
023-110-030-000 2377 JOHANNISBURG DR 1.0 A 24.52
023-110-031-000 2391 JOHANNISBURG DR 1.0 A 24.52
023-110-032-000 2403 JOHANNISBURG DR 1.0 A 24.52
023-110-033-000 1602 CHARDONNAY WAY 1.0 A 24.52
023-110-034-000 2390 JOHANNISBURG DR 1.0 A 24.52
023-110-035-000 2376 JOHANNISBURG DR 1.0 A 24.52
023-110-036-000 2362 JOHANNISBURG DR 1.0 A 24.52
023-110-037-000 2348 JOHANNISBURG DR 1.0 A 24.52
023-110-038-000 2349 PEACH AVE 1.0 A 24.52
023-110-039-000 2363 PEACH AVE 1.0 A 24.52
023-110-040-000 2377 PEACH AVE 1.0 A 24.52
023-110-041-000 2391 PEACH AVE 1.0 A 24.52
023-110-042-000 1618 CHARDONNAY WAY 1.0 A 24.52
023-110-043-000 1634 CHARDONNAY WAY 1.0 A 24.52
023-110-044-000 1633 CHARDONNAY WAY 1.0 A 24.52
023-110-045-000 1617 CHARDONNAY WAY 1.0 A 24.52
023-110-046-000 1601 CHARDONNAY WAY 1.0 A 24.52
023-110-047-000 1547 CHARDONNAY WAY 1.0 A 24.52
023-110-048-000 1535 CHARDONNAY WAY 1.0 A 24.52
023-110-049-000 1521 CHARDONNAY WAY 1.0 A 24.52
023-110-050-000 1507 CHARDONNAY WAY 1.0 A 24.52
023-110-051-000 1495 CHARDONNAY WAY 1.0 A 24.52
023-110-052-000 1483 CHARDONNAY WAY 1.0 A 24.52
023-110-053-000 1471 CHARDONNAY WAY 1.0 A 24.52
023-120-001-000 1463 CHIANTI DR 1.0 B 78.12
023-120-002-000 1470 BRANDY CT 1.0 B 78.12
023-120-003-000 1463 BRANDY WAY 1.0 B 78.12
023-120-004-000 1470 PINOT DR 1.0 B 78.12
023-120-005-000 2621 BRANDY WAY 1.0 B 78.12
023-120-006-000 2631 BRANDY WAY 1.0 B 78.12
023-120-007-000 2641 BRANDY WAY 1.0 B 78.12
023-120-008-000 2651 BRANDY WAY 1.0 B 78.12
023-120-009-000 2661 BRANDY WAY 1.0 B 78.12
023-120-010-000 2671 BRANDY WAY 1.0 B 78.12
023-120-011-000 2681 BRANDY WAY 1.0 B 78.12
023-120-012-000 1463 AMARETTO WAY 1.0 B 78.12
023-120-013-000 1477 AMARETTO WAY 1.0 B 78.12
023-120-014-000 1495 AMARETTO WAY 1.0 B 78.12
023-120-015-000 1521 AMARETTO WAY 1.0 B 78.12
023-120-016-000 1537 AMARETTO WAY 1.0 B 78.12
023-120-017-000 1553 AMARETTO WAY 1.0 B 78.12
023-120-018-000 1569 AMARETTO WAY 1.0 B 78.12
023-120-019-000 1585 AMARETTO WAY 1.0 B 78.12
023-120-020-000 1601 AMARETTO WAY 1.0 B 78.12
023-120-021-000 1617 AMARETTO WAY 1.0 B 78.12
023-120-022-000 1633 AMARETTO WAY 1.0 B 78.12
023-120-023-000 2600 BRANDY WAY 1.0 B 78.12
023-120-024-000 2610 BRANDY WAY 1.0 B 78.12
023-120-025-000 2622 BRANDY WAY 1.0 B 78.12
Willdan Financial Services Page 3 of 5

Page 110 of 356 ends

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU AREA CHARGE
($)
City of Livingston
BAD - Vintage West
Fiscal Year 2025/26 Preliminary Assessment Roll
023-120-026-000 2632 BRANDY WAY 1.0 B 78.12
023-120-027-000 2642 BRANDY WAY 1.0 B 78.12
023-120-028-000 2652 BRANDY WAY 1.0 B 78.12
023-120-029-000 2662 BRANDY WAY 1.0 B 78.12
023-120-030-000 2672 BRANDY WAY 1.0 B 78.12
023-120-031-000 2681 BARDOLINO DR 1.0 B 78.12
023-120-032-000 2671 BARDOLINO DR 1.0 B 78.12
023-120-033-000 2661 BARDOLINO DR 1.0 B 78.12
023-120-034-000 2651 BARDOLINO DR 1.0 B 78.12
023-120-035-000 2641 BARDOLINO DR 1.0 B 78.12
023-120-036-000 2631 BARDOLINO DR 1.0 B 78.12
023-120-037-000 2621 BARDOLINO DR 1.0 B 78.12
023-120-038-000 1601 ROSE CT 1.0 B 78.12
023-120-040-000 1649 ROSE CT 1.0 B 78.12
023-120-041-000 1633 ROSE CT 1.0 B 78.12
023-120-042-000 1617 ROSE CT 1.0 B 78.12
023-120-043-000 2548 BARDOLINO DR 1.0 B 78.12
023-120-044-000 2570 BARDOLINO DR 1.0 B 78.12
023-120-045-000 2584 BARDOLINO DR 1.0 B 78.12
023-120-046-000 1618 ROSE CT 1.0 B 78.12
023-120-047-000 1632 ROSE CT 1.0 B 78.12
023-120-048-000 1633 LAMBRUSCO LN 1.0 B 78.12
023-120-049-000 1617 LAMBRUSCO LN 1.0 B 78.12
023-120-050-000 1601 LAMBRUSCO LN 1.0 B 78.12
023-120-051-000 2508 BRANDY WAY 1.0 B 78.12
023-120-052-000 2520 BRANDY WAY 1.0 B 78.12
023-120-053-000 2534 BRANDY WAY 1.0 B 78.12
023-120-054-000 2550 BRANDY WAY 1.0 B 78.12
023-120-055-000 2568 BRANDY WAY 1.0 B 78.12
023-120-056-000 2578 BRANDY WAY 1.0 B 78.12
023-120-057-000 2592 BRANDY WAY 1.0 B 78.12
023-120-058-000 2611 BARDOLINO DR 1.0 B 78.12
023-120-059-000 2593 BARDOLINO DR 1.0 B 78.12
023-120-060-000 2579 BARDOLINO DR 1.0 B 78.12
023-120-061-000 2569 BARDOLINO DR 1.0 B 78.12
023-120-062-000 2551 BARDOLINO DR 1.0 B 78.12
023-120-063-000 2535 BARDOLINO DR 1.0 B 78.12
023-120-064-000 2521 BARDOLINO DR 1.0 B 78.12
023-120-065-000 2507 BARDOLINO DR 1.0 B 78.12
023-120-066-000 1482 CHIANTI DR 1.0 B 78.12
023-120-067-000 1494 CHIANTI DR 1.0 B 78.12
023-120-068-000 1522 CHIANTI DR 1.0 B 78.12
023-120-069-000 1534 CHIANTI DR 1.0 B 78.12
023-120-070-000 1552 CHIANTI DR 1.0 B 78.12
023-120-071-000 1568 CHIANTI CT 1.0 B 78.12
023-120-072-000 1584 CHIANTI CT 1.0 B 78.12
023-120-073-000 1602 CHIANTI CT 1.0 B 78.12
023-120-074-000 1618 CHIANTI CT 1.0 B 78.12
023-120-075-000 1632 CHIANTI CT 1.0 B 78.12
023-120-076-000 1617 CHIANTI CT 1.0 B 78.12
023-120-077-000 1601 CHIANTI CT 1.0 B 78.12
023-120-078-000 2508 BARDOLINO DR 1.0 B 78.12
023-120-079-000 2520 BARDOLINO DR 1.0 B 78.12
Willdan Financial Services Page 4 of 5

Page 111 of 356 ends

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU AREA CHARGE
($)
City of Livingston
BAD - Vintage West
Fiscal Year 2025/26 Preliminary Assessment Roll
023-120-080-000 2534 BARDOLINO DR 1.0 B 78.12
023-120-081-000 1602 LAMBRUSCO LN 1.0 B 78.12
023-120-082-000 1618 LAMBRUSCO LN 1.0 B 78.12
023-120-083-000 1634 LAMBRUSCO LN 1.0 B 78.12
Summary Fields Value
Number of Parcels to be Levied 216
Total EDUs - Area A 75.00
Total EDUs - Area B 141.00
Total Charges - Area A $1,839.00
Total Charges - Area B $11,014.92
Willdan Financial Services Page 5 of 5

Page 112 of 356 ends

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU CHARGE
($)
022-140-001-000 1325 EMERALD DR 1.0 $145.50
022-140-002-000 927 RUBY WAY 1.0 145.50
022-140-003-000 919 RUBY WAY 1.0 145.50
022-140-004-000 1511 SAPPHIRE DR 1.0 145.50
022-140-005-000 1515 SAPPHIRE DR 1.0 145.50
022-140-006-000 1331 EMERALD DR 1.0 145.50
022-140-007-000 1337 EMERALD DR 1.0 145.50
022-140-008-000 907 TURQUOISE CT 1.0 145.50
022-140-009-000 901 TURQUOISE CT 1.0 145.50
022-140-010-000 904 TURQUOISE CT 1.0 145.50
022-140-011-000 910 TURQUOISE CT 1.0 145.50
022-140-012-000 1405 EMERALD DR 1.0 145.50
022-140-013-000 1411 EMERALD DR 1.0 145.50
022-140-014-000 1417 EMERALD DR 1.0 145.50
022-140-015-000 1423 EMERALD DR 1.0 145.50
022-140-016-000 1429 EMERALD DR 1.0 145.50
022-151-001-000 1521 SAPPHIRE DR 1.0 145.50
022-151-002-000 1527 SAPPHIRE DR 1.0 145.50
022-151-003-000 1533 SAPPHIRE DR 1.0 145.50
022-151-004-000 1605 SAPPHIRE DR 1.0 145.50
022-151-005-000 1611 SAPPHIRE DR 1.0 145.50
022-151-006-000 1617 SAPPHIRE DR 1.0 145.50
022-151-007-000 1623 SAPPHIRE DR 1.0 145.50
022-151-008-000 1629 SAPPHIRE DR 1.0 145.50
022-151-009-000 906 TOPAZ WAY 1.0 145.50
022-151-010-000 912 TOPAZ WAY 1.0 145.50
022-151-011-000 924 TOPAZ WAY 1.0 145.50
022-151-012-000 930 TOPAZ WAY 1.0 145.50
022-151-013-000 936 TOPAZ WAY 1.0 145.50
022-151-014-000 942 TOPAZ WAY 1.0 145.50
022-151-015-000 948 TOPAZ WAY 1.0 145.50
022-151-016-000 954 TOPAZ WAY 1.0 145.50
022-151-017-000 960 TOPAZ WAY 1.0 145.50
022-151-018-000 933 TOPAZ WAY 1.0 145.50
022-151-019-000 972 TOPAZ WAY 1.0 145.50
022-152-001-000 926 RUBY WAY 1.0 145.50
022-152-002-000 1615 EMERALD DR 1.0 145.50
022-152-003-000 1621 EMERALD DR 1.0 145.50
022-152-004-000 957 TOPAZ WAY 1.0 145.50
022-152-005-000 951 TOPAZ WAY 1.0 145.50
022-152-006-000 945 TOPAZ WAY 1.0 145.50
022-152-007-000 939 TOPAZ WAY 1.0 145.50
022-152-008-000 933 TOPAZ WAY 1.0 145.50
022-152-009-000 1622 SAPPHIRE DR 1.0 145.50
022-152-010-000 1616 SAPPHIRE DR 1.0 145.50
022-152-011-000 1610 SAPPHIRE DR 1.0 145.50
022-152-012-000 934 OPAL CT 1.0 145.50
022-152-013-000 940 OPAL CT 1.0 145.50
022-152-014-000 944 OPAL CT 1.0 145.50
022-152-015-000 946 OPAL CT 1.0 145.50
022-152-016-000 941 OPAL CT 1.0 145.50
022-152-017-000 935 OPAL CT 1.0 145.50
022-152-018-000 929 OPAL CT 1.0 145.50
City of Livingston
BAD - Monte Cristo
Fiscal Year 2025/26 Preliminary Assessment Roll
Willdan Financial Services Page 1 of 2

Page 113 of 356 ends

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU CHARGE
($)
City of Livingston
BAD - Monte Cristo
Fiscal Year 2025/26 Preliminary Assessment Roll
022-152-019-000 921 OPAL CT 1.0 145.50
022-152-020-000 932 RUBY WAY 1.0 145.50
022-152-021-000 938 RUBY WAY 1.0 145.50
022-152-022-000 1507 EMERALD DR 1.0 145.50
022-152-023-000 1513 EMERALD DR 1.0 145.50
022-152-024-000 1519 EMERALD DR 1.0 145.50
022-152-025-000 1525 EMERALD DR 1.0 145.50
022-152-026-000 1529 EMERALD DR 1.0 145.50
022-152-027-000 1535 EMERALD DR 1.0 145.50
022-152-028-000 1603 EMERALD DR 1.0 145.50
022-152-029-000 1609 EMERALD DR 1.0 145.50
Summary Fields Value
Number of Parcels to be Levied 64
Total EDUs 64.00
Total Charges $9,312.00
Willdan Financial Services Page 2 of 2

Page 114 of 356 ends

I I

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU CHARGE
($)
022-131-001-000 1581 BAY MEADOW LN 1.0 $145.50
022-131-002-000 NO SITUS ADDRESS 1.0 145.50
022-131-003-000 1569 BAY MEADOW LN 1.0 145.50
022-131-004-000 1563 BAY MEADOW LN 1.0 145.50
022-131-005-000 1557 BAY MEADOW LN 1.0 145.50
022-131-006-000 1551 BAY MEADOW LN 1.0 145.50
022-131-007-000 725 FAIRLANE DR 1.0 145.50
022-131-008-000 731 FAIRLANE DR 1.0 145.50
022-131-009-000 737 FAIRLANE DR 1.0 145.50
022-131-010-000 745 FAIRLANE DR 1.0 145.50
022-131-011-000 751 FAIRLANE DR 1.0 145.50
022-131-012-000 1552 MONTECITO DR 1.0 145.50
022-131-013-000 1558 MONTECITO DR 1.0 145.50
022-131-014-000 1564 MONTECITO DR 1.0 145.50
022-131-015-000 1570 MONTECITO DR 1.0 145.50
022-131-016-000 1576 MONTECITO DR 1.0 145.50
022-131-017-000 1582 MONTECITO DR 1.0 145.50
022-131-018-000 1588 MONTECITO DR 1.0 145.50
022-131-019-000 750 KENSINGTON DR 1.0 145.50
022-131-020-000 744 KENSINGTON DR 1.0 145.50
022-131-021-000 738 KENSINGTON 1.0 145.50
022-131-022-000 1588 BAY MEADOW LN 1.0 145.50
022-131-023-000 1594 BAY MEADOW LN 1.0 145.50
022-132-001-000 1587 BAY MEADOW LN 1.0 145.50
022-132-002-000 1593 BAY MEADOW LN 1.0 145.50
022-133-001-000 726 FAIRLANE DR 1.0 145.50
022-133-002-000 732 FAIRLANE DR 1.0 145.50
022-133-003-000 738 FAIRLANE DR 1.0 145.50
022-133-004-000 1571 MONTECITO DR 1.0 145.50
022-133-005-000 739 KENSINGTON DR 1.0 145.50
022-133-006-000 733 KENSINGTON DR 1.0 145.50
022-133-007-000 727 KENSINGTON DR 1.0 145.50
022-133-008-000 1572 BAY MEADOW LN 1.0 145.50
022-161-001-000 1599 BAY MEADOW LN 1.0 145.50
022-161-002-000 1605 BAY MEADOW LN 1.0 145.50
022-161-003-000 1611 BAY MEADOW LN 1.0 145.50
022-161-004-000 1617 BAY MEADOW LN 1.0 145.50
022-161-005-000 1623 BAY MEADOW LN 1.0 145.50
022-161-006-000 1629 BAY MEADOW LN 1.0 145.50
022-161-007-000 1635 BAY MEADOW LN 1.0 145.50
022-161-008-000 1641 BAY MEADOW LN 1.0 145.50
022-161-009-000 720 CAMBRIA PL 1.0 145.50
022-161-010-000 726 CAMBRIA PL 1.0 145.50
022-161-011-000 732 CAMBRIA PL 1.0 145.50
022-161-012-000 738 CAMBRIA PL 1.0 145.50
022-161-013-000 744 CAMBRIA PL 1.0 145.50
022-162-001-000 728 OAKHURST PL 1.0 145.50
022-162-002-000 734 OAKHURST PL 1.0 145.50
022-162-003-000 740 OAKHURST PL 1.0 145.50
022-162-004-000 1623 JANTZ DR 1.0 145.50
022-162-005-000 741 CAMBRIA PL 1.0 145.50
022-162-006-000 735 CAMBRIA PL 1.0 145.50
022-162-007-000 729 CAMBRIA PL 1.0 145.50
City of Livingston
BAD - Monte Cristo II
Fiscal Year 2025/26 Preliminary Assessment Roll
Willdan Financial Services Page 1 of 2

Page 115 of 356 ends

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU CHARGE
($)
City of Livingston
BAD - Monte Cristo II
Fiscal Year 2025/26 Preliminary Assessment Roll
022-162-008-000 1628 BAY MEADOW LN 1.0 145.50
022-163-001-000 1600 BAY MEADOW LN 1.0 145.50
022-163-002-000 733 OAKHURST PL 1.0 145.50
022-163-003-000 739 OAKHURST PL 1.0 145.50
022-163-004-000 745 OAKHURST PL 1.0 145.50
022-163-005-000 1608 JANTZ DR 1.0 145.50
022-163-006-000 1614 JANTZ DR 1.0 145.50
022-163-007-000 1620 JANTZ DR 1.0 145.50
022-163-008-000 1626 JANTZ DR 1.0 145.50
022-163-009-000 1632 JANTZ DR 1.0 145.50
022-163-010-000 1638 JANTZ DR 1.0 145.50
022-163-011-000 1644 JANTZ DR 1.0 145.50
022-163-012-000 1650 JANTZ DR 1.0 145.50
Summary Fields Value
Number of Parcels to be Levied 66
Total EDUs 66.00
Total Charges $9,603.00
Willdan Financial Services Page 2 of 2

Page 116 of 356 ends

I I
ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU p
022-030-002-000 611 RAVENSWOOD DR 1.0 $44.58
022-030-003-000 629 RAVENSWOOD DR 1.0 44.58
022-030-004-000 647 RAVENSWOOD DR 1.0 44.58
022-030-005-000 665 RAVENSWOOD DR 1.0 44.58
022-030-006-000 683 RAVENSWOOD DR 1.0 44.58
022-030-007-000 707 RAVENSWOOD DR 1.0 44.58
022-030-008-000 713 RAVENSWOOD DR 1.0 44.58
022-030-009-000 719 RAVENSWOOD DR 1.0 44.58
022-030-010-000 725 RAVENSWOOD DR 1.0 44.58
022-030-011-000 731 RAVENSWOOD DR 1.0 44.58
022-030-012-000 712 RAVENSWOOD DR 1.0 44.58
022-030-013-000 664 RAVENSWOOD DR 1.0 44.58
022-030-014-000 646 RAVENSWOOD DR 1.0 44.58
022-030-015-000 628 RAVENSWOOD DR 1.0 44.58
022-030-016-000 610 RAVENSWOOD DR 1.0 44.58
022-030-017-000 611 ALMONDWOOD DR 1.0 44.58
022-030-018-000 629 ALMONDWOOD DR 1.0 44.58
022-030-019-000 647 ALMONDWOOD DR 1.0 44.58
022-030-020-000 665 ALMONDWOOD DR 1.0 44.58
022-030-021-000 680 CHERRYWOOD WAY 1.0 44.58
022-030-022-000 625 BRIARWOOD DR 1.0 44.58
022-030-023-000 624 BRIARWOOD DR 1.0 44.58
022-030-024-000 720 CHERRYWOOD CT 1.0 44.58
022-030-025-000 732 CHERRYWOOD CT 1.0 44.58
022-030-026-000 744 CHERRYWOOD CT 1.0 44.58
022-030-027-000 756 CHERRYWOOD CT 1.0 44.58
022-030-028-000 757 CHERRYWOOD CT 1.0 44.58
022-030-029-000 745 CHERRYWOOD CT 1.0 44.58
022-030-030-000 733 CHERRYWOOD CT 1.0 44.58
022-030-031-000 721 CHERRYWOOD CT 1.0 44.58
022-030-032-000 576 BRIARWOOD DR 1.0 44.58
022-030-033-000 550 BRIARWOOD DR 1.0 44.58
022-041-001-000 737 RAVENSWOOD DR 1.0 44.58
022-041-002-000 743 RAVENSWOOD DR 1.0 44.58
022-041-003-000 749 RAVENSWOOD DR 1.0 44.58
022-041-004-000 755 RAVENSWOOD DR 1.0 44.58
022-041-005-000 761 RAVENSWOOD DR 1.0 44.58
022-041-006-000 767 RAVENSWOOD DR 1.0 44.58
022-041-007-000 773 RAVENSWOOD DR 1.0 44.58
022-041-008-000 779 RAVENSWOOD DR 1.0 44.58
022-041-009-000 556 ELMWOOD WAY 1.0 44.58
022-041-010-000 568 ELMWOOD WAY 1.0 44.58
022-041-011-000 580 ELMWOOD WAY 1.0 44.58
022-041-012-000 592 ELMWOOD WAY 1.0 44.58
022-041-013-000 593 F ST 1.0 44.58
022-041-014-000 581 F ST 1.0 44.58
022-041-015-000 569 F ST 1.0 44.58
022-041-016-000 557 F ST 1.0 44.58
022-042-001-000 718 RAVENSWOOD DR 1.0 44.58
022-042-002-000 724 RAVENSWOOD DR 1.0 44.58
022-042-003-000 730 RAVENSWOOD DR 1.0 44.58
022-042-004-000 736 RAVENSWOOD DR 1.0 44.58
022-042-005-000 742 RAVENSWOOD DR 1.0 44.58
City of Livingston
BAD - Vinewood Estates
Fiscal Year 2025/26 Preliminary Assessment Roll
Willdan Financial Services Page 1 of 3

Page 117 of 356 ends

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU p
City of Livingston
BAD - Vinewood Estates
Fiscal Year 2025/26 Preliminary Assessment Roll
022-042-006-000 748 RAVENSWOOD DR 1.0 44.58
022-042-007-000 754 RAVENSWOOD DR 1.0 44.58
022-042-008-000 581 ELMWOOD WAY 1.0 44.58
022-042-009-000 593 ELMWOOD WAY 1.0 44.58
022-042-010-000 731 ALMONDWOOD DR 1.0 44.58
022-042-011-000 725 ALMONDWOOD DR 1.0 44.58
022-042-012-000 719 ALMONDWOOD DR 1.0 44.58
022-042-013-000 713 ALMONDWOOD DR 1.0 44.58
022-042-014-000 707 ALMONDWOOD DR 1.0 44.58
022-043-001-000 657 OAKWOOD WAY 1.0 44.58
022-043-002-000 669 OAKWOOD WAY 1.0 44.58
022-043-003-000 681 OAKWOOD WAY 1.0 44.58
022-043-004-000 675 BRIARWOOD DR 1.0 44.58
022-043-005-000 651 BRIARWOOD DR 1.0 44.58
022-044-001-000 724 ALMONDWOOD DR 1.0 44.58
022-044-002-000 750 ALMONDWOOD DR 1.0 44.58
022-044-003-000 632 OAKWOOD WAY 1.0 44.58
022-044-004-000 644 OAKWOOD WAY 1.0 44.58
022-044-005-000 656 OAKWOOD WAY 1.0 44.58
022-044-006-000 668 OAKWOOD WAY 1.0 44.58
022-044-007-000 680 OAKWOOD WAY 1.0 44.58
022-044-008-000 692 OAKWOOD WAY 1.0 44.58
022-044-009-000 693 ELMWOOD WAY 1.0 44.58
022-044-010-000 681 ELMWOOD WAY 1.0 44.58
022-044-011-000 669 ELMWOOD WAY 1.0 44.58
022-044-012-000 657 ELMWOOD WAY 1.0 44.58
022-044-013-000 645 ELMWOOD WAY 1.0 44.58
022-044-014-000 633 ELMWOOD WAY 1.0 44.58
022-044-015-000 621 ELMWOOD WAY 1.0 44.58
022-044-016-000 609 ELMWOOD WAY 1.0 44.58
022-045-001-000 608 ELMWOOD WAY 1.0 44.58
022-045-002-000 620 ELMWOOD WAY 1.0 44.58
022-045-003-000 632 ELMWOOD WAY 1.0 44.58
022-045-004-000 644 ELMWOOD WAY 1.0 44.58
022-045-005-000 656 ELMWOOD WAY 1.0 44.58
022-045-006-000 668 ELMWOOD WAY 1.0 44.58
022-045-007-000 680 ELMWOOD WAY 1.0 44.58
022-045-008-000 692 ELMWOOD WAY 1.0 44.58
022-045-009-000 693 F ST 1.0 44.58
022-045-010-000 681 F ST 1.0 44.58
022-045-011-000 669 F ST 1.0 44.58
022-045-012-000 657 F ST 1.0 44.58
022-045-013-000 645 F ST 1.0 44.58
022-045-014-000 633 F ST 1.0 44.58
022-045-015-000 621 F ST 1.0 44.58
022-045-016-000 609 F ST 1.0 44.58
022-046-001-000 650 BRIARWOOD DR 1.0 44.58
022-046-002-000 676 BRIARWOOD DR 1.0 44.58
022-046-003-000 721 OAKWOOD CT 1.0 44.58
022-046-004-000 733 OAKWOOD CT 1.0 44.58
022-046-005-000 745 OAKWOOD CT 1.0 44.58
022-046-006-000 757 OAKWOOD CT 1.0 44.58
022-046-007-000 756 OAKWOOD CT 1.0 44.58
Willdan Financial Services Page 2 of 3

Page 118 of 356 ends

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU p
City of Livingston
BAD - Vinewood Estates
Fiscal Year 2025/26 Preliminary Assessment Roll
022-046-008-000 744 OAKWOOD CT 1.0 44.58
022-046-009-000 732 OAKWOOD CT 1.0 44.58
022-046-010-000 720 OAKWOOD CT 1.0 44.58
022-046-011-000 724 BRIARWOOD DR 1.0 44.58
022-046-012-000 750 BRIARWOOD DR 1.0 44.58
022-046-013-000 776 BRIARWOOD DR 1.0 44.58
022-046-014-000 721 ELMWOOD CT 1.0 44.58
022-046-015-000 733 ELMWOOD CT 1.0 44.58
022-046-016-000 745 ELMWOOD CT 1.0 44.58
022-046-017-000 757 ELMWOOD CT 1.0 44.58
022-046-020-000 732 ELMWOOD CT 1.0 44.58
022-046-021-000 720 ELMWOOD CT 1.0 44.58
022-046-022-000 824 BRIARWOOD DR 1.0 44.58
022-046-023-000 850 BRIARWOOD DR 1.0 44.58
022-046-024-000 876 BRIARWOOD DR 1.0 44.58
022-046-025-000 721 F ST 1.0 44.58
022-046-026-000 733 F ST 1.0 44.58
Summary Fields Value
Number of Parcels to be Levied 123
Total EDUs 123.00
Total Charges $5,483.34
Willdan Financial Services Page 3 of 3

Page 119 of 356 ends

I I

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU CHARGE
($)
022-030-036-000 505 BRIARWOOD DR 1.0 $81.00
022-030-037-000 513 BRIARWOOD DR 1.0 81.00
022-030-038-000 521 BRIARWOOD DR 1.0 81.00
022-030-039-000 529 BRIARWOOD DR 1.0 81.00
022-030-040-000 537 BRIARWOOD DR 1.0 81.00
022-030-041-000 545 BRIARWOOD DR 1.0 81.00
022-030-042-000 NO SITUS ADDRESS 1.0 81.00
022-030-043-000 639 CHERRYWOOD WAY 1.0 81.00
022-030-044-000 629 CHERRYWOOD WAY 1.0 81.00
022-030-045-000 621 CHERRYWOOD WAY 1.0 81.00
022-030-046-000 608 RAVENSWOOD CT 1.0 81.00
022-030-047-000 602 W RAVENSWOOD CT 1.0 81.00
022-030-048-000 601 E RAVENSWOOD CT 1.0 81.00
022-030-049-000 607 E RAVENSWOOD CT 1.0 81.00
022-030-050-000 609 E RAVENSWOOD CT 1.0 81.00
Summary Fields Value
Number of Parcels to be Levied 15
Total EDUs 15.00
Total Charges $1,215.00
City of Livingston
BAD - Vinewood Estates II
Fiscal Year 2025/26 Preliminary Assessment Roll
Willdan Financial Services Page 1 of 1

Page 120 of 356 ends

I I

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU CHARGE
($)
023-100-050-000 2797 COLLEEN CT 1.0 $38.82
023-100-051-000 2783 COLLEEN CT 1.0 38.82
023-100-052-000 2769 COLLEEN CT 1.0 38.82
023-100-053-000 2755 COLLEEN CT 1.0 38.82
023-100-054-000 2741 COLLEEN CT 1.0 38.82
023-100-055-000 2740 COLLEEN CT 1.0 38.82
023-100-056-000 2754 COLLEEN CT 1.0 38.82
023-100-057-000 2768 COLLEEN CT 1.0 38.82
023-100-058-000 2782 COLLEEN CT 1.0 38.82
023-100-059-000 2796 COLLEEN CT 1.0 38.82
023-100-060-000 2775 CLARET CIR 1.0 38.82
023-100-061-000 2761 CLARET CIR 1.0 38.82
023-100-062-000 2747 CLARET CIR 1.0 38.82
023-100-063-000 2733 CLARET CIR 1.0 38.82
023-100-064-000 2719 CLARET CIR 1.0 38.82
023-100-065-000 2705 CLARET CIR 1.0 38.82
023-100-066-000 2691 CLARET CIR 1.0 38.82
023-100-067-000 2677 CLARET CIR 1.0 38.82
023-100-068-000 2663 CLARET CIR 1.0 38.82
023-100-069-000 2649 CLARET CIR 1.0 38.82
023-100-070-000 2648 CLARET CIR 1.0 38.82
023-100-071-000 2662 CLARET CIR 1.0 38.82
023-100-072-000 2676 CLARET CIR 1.0 38.82
023-100-073-000 2690 CLARET CIR 1.0 38.82
023-100-074-000 2704 CLARET CIR 1.0 38.82
023-100-075-000 2718 CLARET CIR 1.0 38.82
023-100-076-000 2732 CLARET CIR 1.0 38.82
023-100-077-000 2746 CLARET CIR 1.0 38.82
023-100-078-000 2760 CLARET CIR 1.0 38.82
023-100-079-000 2774 CLARET CIR 1.0 38.82
Summary Fields Value
Number of Parcels to be Levied 30
Total EDUs 30.00
Total Charges $1,164.60
City of Livingston
BAD - Kensington Park South
Fiscal Year 2025/26 Preliminary Assessment Roll
Willdan Financial Services ] Page 1 of 1

Page 121 of 356 ends

I I

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU CHARGE
($)
022-073-001-000 901 MISTY HARBOUR DR 1.0 $147.30
022-073-002-000 913 MISTY HARBOUR DR 1.0 147.30
022-073-003-000 923 MISTY HARBOUR DR 1.0 147.30
022-073-004-000 933 MISTY HARBOUR DR 1.0 147.30
022-073-005-000 943 MISTY HARBOUR DR 1.0 147.30
022-073-006-000 953 MISTY HARBOUR DR 1.0 147.30
022-073-007-000 963 MISTY HARBOUR DR 1.0 147.30
022-073-008-000 973 MISTY HARBOUR DR 1.0 147.30
022-073-009-000 983 MISTY HARBOUR DR 1.0 147.30
022-074-001-000 900 MISTY HARBOUR DR 1.0 147.30
022-074-002-000 903 BRIDGEPORT AVE 1.0 147.30
022-074-003-000 915 BRIDGEPORT AVE 1.0 147.30
022-074-004-000 925 BRIDGEPORT AVE 1.0 147.30
022-074-005-000 935 BRIDGEPORT AVE 1.0 147.30
022-074-006-000 945 BRIDGEPORT AVE 1.0 147.30
022-074-007-000 955 BRIDGEPORT AVE 1.0 147.30
022-074-008-000 965 BRIDGEPORT AVE 1.0 147.30
022-074-009-000 975 BRIDGEPORT AVE 1.0 147.30
022-074-010-000 985 BRIDGEPORT AVE 1.0 147.30
022-074-011-000 980 MISTY HARBOUR DR 1.0 147.30
022-074-012-000 970 MISTY HARBOUR DR 1.0 147.30
022-074-013-000 960 MISTY HARBOUR DR 1.0 147.30
022-074-014-000 950 MISTY HARBOUR DR 1.0 147.30
022-074-015-000 940 MISTY HARBOUR DR 1.0 147.30
022-074-016-000 930 MISTY HARBOUR DR 1.0 147.30
022-074-017-000 920 MISTY HARBOUR DR 1.0 147.30
022-074-018-000 910 MISTY HARBOUR DR 1.0 147.30
022-075-001-000 902 BRIDGEPORT AVE 1.0 147.30
022-075-002-000 912 BRIDGEPORT AVE 1.0 147.30
022-075-003-000 922 BRIDGEPORT AVE 1.0 147.30
022-075-004-000 932 BRIDGEPORT AVE 1.0 147.30
022-075-005-000 942 BRIDGEPORT AVE 1.0 147.30
022-075-006-000 952 BRIDGEPORT AVE 1.0 147.30
022-075-007-000 962 BRIDGEPORT AVE 1.0 147.30
022-075-008-000 972 BRIDGEPORT AVE 1.0 147.30
022-075-009-000 982 BRIDGEPORT AVE 1.0 147.30
022-101-001-000 1033 MISTY HARBOUR DR 1.0 147.30
022-101-002-000 1043 MISTY HARBOUR DR 1.0 147.30
022-101-003-000 1053 MISTY HARBOUR DR 1.0 147.30
022-101-004-000 1063 MISTY HARBOUR DR 1.0 147.30
022-101-005-000 1073 MISTY HARBOUR DR 1.0 147.30
022-101-006-000 1023 MISTY HARBOUR DR 1.0 147.30
022-101-007-000 1013 MISTY HARBOUR DR 1.0 147.30
022-101-008-000 1003 MISTY HARBOUR DR 1.0 147.30
022-101-009-000 993 MISTY HARBOUR DR 1.0 147.30
022-102-001-000 521 SEAPORT VILLAGE DR 1.0 147.30
022-102-002-000 541 SEAPORT VILLAGE DR 1.0 147.30
022-102-003-000 551 SEAPORT VILLAGE DR 1.0 147.30
022-102-004-000 1015 BRIDGEPORT AVE 1.0 147.30
022-102-005-000 1005 BRIDGEPORT AVE 1.0 147.30
022-102-006-000 995 BRIDGEPORT AVE 1.0 147.30
022-102-007-000 990 MISTY HARBOUR DR 1.0 147.30
022-102-008-000 1000 MISTY HARBOUR DR 1.0 147.30
City of Livingston
BAD - Bridgeport
Fiscal Year 2025/26 Preliminary Assessment Roll
Willdan Financial Services Page 1 of 2

Page 122 of 356 ends

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU CHARGE
($)
City of Livingston
BAD - Bridgeport
Fiscal Year 2025/26 Preliminary Assessment Roll
022-102-009-000 1010 MISTY HARBOUR DR 1.0 147.30
022-103-001-000 520 SEAPORT VILLAGE DR 1.0 147.30
022-103-002-000 530 SEAPORT VILLAGE DR 1.0 147.30
022-103-003-000 540 SEAPORT VILLAGE DR 1.0 147.30
022-103-004-000 550 SEAPORT VILLAGE DR 1.0 147.30
022-103-005-000 560 SEAPORT VILLAGE DR 1.0 147.30
022-103-006-000 570 SEAPORT VILLAGE DR 1.0 147.30
022-103-007-000 577 MONT CLIFF WAY 1.0 147.30
022-103-008-000 567 MONT CLIFF WAY 1.0 147.30
022-103-009-000 557 MONT CLIFF WAY 1.0 147.30
022-103-010-000 547 MONT CLIFF WAY 1.0 147.30
022-103-011-000 537 MONT CLIFF WAY 1.0 147.30
022-103-012-000 527 MONT CLIFF WAY 1.0 147.30
022-103-013-000 580 SEAPORT VILLAGE DR 1.0 147.30
022-103-014-000 587 MONT CLIFF WAY 1.0 147.30
022-104-001-000 502 MONT CLIFF WAY 1.0 147.30
022-104-002-000 512 MONT CLIFF WAY 1.0 147.30
022-104-003-000 522 MONT CLIFF WAY 1.0 147.30
022-104-004-000 532 MONT CLIFF WAY 1.0 147.30
022-104-005-000 542 MONT CLIFF WAY 1.0 147.30
022-104-006-000 552 MONT CLIFF WAY 1.0 147.30
022-104-007-000 562 MONT CLIFF WAY 1.0 147.30
022-104-008-000 572 MONT CLIFF WAY 1.0 147.30
022-104-009-000 582 MONT CLIFF WAY 1.0 147.30
022-107-001-000 NO SITUS ADDRESS 1.0 147.30
022-107-002-000 1002 BRIDGEPORT AVE 1.0 147.30
022-107-003-000 1012 BRIDGEPORT AVE 1.0 147.30
022-107-004-000 1022 BRIDGEPORT AVE 1.0 147.30
022-107-005-000 1032 BRIDGEPORT AVE 1.0 147.30
Summary Fields Value
Number of Parcels to be Levied 82
Total EDUs 82.00
Total Charges $12,078.60
Willdan Financial Services Page 2 of 2

Page 123 of 356 ends

I I

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU CHARGE
($)
022-081-001-000 902 BRIARWOOD DR 1.0 $149.34
022-081-002-000 912 BRIARWOOD DR 1.0 149.34
022-081-003-000 922 BRIARWOOD DR 1.0 149.34
022-081-004-000 938 BRIARWOOD DR 1.0 149.34
022-081-005-000 952 BRIARWOOD DR 1.0 149.34
022-081-006-000 951 DALLAS CT 1.0 149.34
022-081-007-000 935 DALLAS CT 1.0 149.34
022-081-008-000 925 DALLAS CT 1.0 149.34
022-081-009-000 915 DALLAS CT 1.0 149.34
022-081-010-000 903 DALLAS CT 1.0 149.34
022-081-011-000 902 DALLAS CT 1.0 149.34
022-081-012-000 912 DALLAS CT 1.0 149.34
022-081-013-000 922 DALLAS CT 1.0 149.34
022-081-014-000 938 DALLAS CT 1.0 149.34
022-081-015-000 NO SITUS ADDRESS 1.0 149.34
022-081-016-000 951 MONTELENA CT 1.0 149.34
022-081-017-000 935 MONTELENA CT 1.0 149.34
022-081-018-000 925 MONTELENA CT 1.0 149.34
022-081-019-000 915 MONTELENA CT 1.0 149.34
022-081-020-000 903 MONTELENA CT 1.0 149.34
022-081-021-000 902 MONTELENA CT 1.0 149.34
022-081-022-000 912 MONTELENA CT 1.0 149.34
022-081-023-000 922 MONTELENA CT 1.0 149.34
022-081-024-000 938 MONTELENA CT 1.0 149.34
022-081-025-000 952 MONTELENA CT 1.0 149.34
022-081-026-000 951 CHASTANET CT 1.0 149.34
022-081-027-000 935 CHASTANET CT 1.0 149.34
022-081-028-000 925 CHASTANET CT 1.0 149.34
022-081-029-000 915 CHASTANET CT 1.0 149.34
022-081-030-000 901 CHASTANET CT 1.0 149.34
022-081-031-000 902 CHASTANET CT 1.0 149.34
022-081-032-000 902 PATZER ST 1.0 149.34
022-081-033-000 912 PATZER ST 1.0 149.34
022-081-034-000 912 CHASTANET CT 1.0 149.34
022-081-035-000 922 CHASTANET CT 1.0 149.34
022-081-036-000 922 PATZER ST 1.0 149.34
022-081-037-000 938 PATZER ST 1.0 149.34
022-081-038-000 938 CHASTANET CT 1.0 149.34
022-081-039-000 954 PATZER ST 1.0 149.34
022-081-040-000 952 CHASTANET CT 1.0 149.34
022-081-041-000 964 PATZER ST 1.0 149.34
022-081-042-000 962 CHASTANET CT 1.0 149.34
022-081-043-000 978 PATZER ST 1.0 149.34
022-081-044-000 990 PATZER ST 1.0 149.34
022-081-045-000 888 VINE CLIFF WAY 1.0 149.34
022-081-046-000 876 VINE CLIFF WAY 1.0 149.34
022-081-047-000 864 VINE CLIFF WAY 1.0 149.34
022-081-048-000 852 VINE CLIFF WAY 1.0 149.34
022-081-049-000 840 VINE CLIFF WAY 1.0 149.34
022-081-050-000 839 CHANDON CT 1.0 149.34
022-081-051-000 851 CHANDON CT 1.0 149.34
022-081-052-000 863 CHANDON CT 1.0 149.34
022-081-053-000 875 CHANDON CT 1.0 149.34
022-081-054-000 887 CHANDON CT 1.0 149.34
City of Livingston
BAD - Davante Villas
Fiscal Year 2025/26 Preliminary Assessment Roll
Willdan Financial Services Page 1 of 3

Page 124 of 356 ends

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU CHARGE
($)
City of Livingston
BAD - Davante Villas
Fiscal Year 2025/26 Preliminary Assessment Roll
022-081-055-000 893 CHANDON CT 1.0 149.34
022-081-056-000 897 CHANDON CT 1.0 149.34
022-081-057-000 898 CHANDON CT 1.0 149.34
022-081-058-000 894 CHANDON CT 1.0 149.34
022-081-059-000 888 CHANDON CT 1.0 149.34
022-081-060-000 876 CHANDON CT 1.0 149.34
022-081-061-000 864 CHANDON CT 1.0 149.34
022-081-062-000 852 CHANDON CT 1.0 149.34
022-081-063-000 840 CHANDON CT 1.0 149.34
022-082-001-000 975 MONTELENA AVE 1.0 149.34
022-082-002-000 NO SITUS ADDRESS 1.0 149.34
022-082-003-000 995 MONTELENA AVE 1.0 149.34
022-082-004-000 1005 MONTELENA AVE 1.0 149.34
022-082-005-000 1015 MONTELENA AVE 1.0 149.34
022-082-006-000 1025 MONTELENA AVE 1.0 149.34
022-082-007-000 992 DALLAS DR 1.0 149.34
022-082-008-000 982 DALLAS DR 1.0 149.34
022-082-009-000 972 DALLAS DR 1.0 149.34
022-083-001-000 975 DALLAS DR 1.0 149.34
022-083-002-000 985 DALLAS DR 1.0 149.34
022-083-003-000 995 DALLAS DR 1.0 149.34
022-083-004-000 992 BRIARWOOD DR 1.0 149.34
022-083-005-000 982 BRIARWOOD DR 1.0 149.34
022-083-006-000 972 BRIARWOOD DR 1.0 149.34
022-084-001-000 656 F ST 1.0 149.34
022-084-002-000 668 F ST 1.0 149.34
022-084-003-000 903 BRIARWOOD DR 1.0 149.34
022-084-004-000 915 BRIARWOOD DR 1.0 149.34
022-084-005-000 925 BRIARWOOD DR 1.0 149.34
022-084-006-000 669 MIADORA CT 1.0 149.34
022-084-007-000 657 MIADORA CT 1.0 149.34
022-084-008-000 656 MIADORA CT 1.0 149.34
022-084-009-000 668 MIADORA CT 1.0 149.34
022-084-010-000 680 MIADORA CT 1.0 149.34
022-084-011-000 965 BRIARWOOD DR 1.0 149.34
022-084-012-000 975 BRIARWOOD DR 1.0 149.34
022-084-013-000 687 CALERO CT 1.0 149.34
022-084-014-000 669 CALERO CT 1.0 149.34
022-084-015-000 657 CALERO CT 1.0 149.34
022-091-001-000 1035 MONTELENA AVE 1.0 149.34
022-091-002-000 1045 MONTELENA AVE 1.0 149.34
022-091-003-000 1055 MONTELENA AVE 1.0 149.34
022-091-004-000 1065 MONTELENA AVE 1.0 149.34
022-091-005-000 1075 MONTELENA AVE 1.0 149.34
022-091-006-000 1072 DALLAS DR 1.0 149.34
022-091-007-000 1062 DALLAS DR 1.0 149.34
022-091-008-000 1052 DALLAS DR 1.0 149.34
022-091-009-000 1042 DALLAS DR 1.0 149.34
022-091-010-000 1032 DALLAS DR 1.0 149.34
022-091-011-000 1022 DALLAS DR 1.0 149.34
022-091-012-000 1012 DALLAS DR 1.0 149.34
022-091-013-000 1002 DALLAS DR 1.0 149.34
022-092-001-000 839 LATOUR WAY 1.0 149.34
022-092-002-000 851 LATOUR WAY 1.0 149.34
Willdan Financial Services Page 2 of 3

Page 125 of 356 ends

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU CHARGE
($)
City of Livingston
BAD - Davante Villas
Fiscal Year 2025/26 Preliminary Assessment Roll
022-092-003-000 863 LATOUR WAY 1.0 149.34
022-092-004-000 875 LATOUR WAY 1.0 149.34
022-092-005-000 887 LATOUR WAY 1.0 149.34
022-092-006-000 893 LATOUR WAY 1.0 149.34
022-092-007-000 1042 AMARONE WAY 1.0 149.34
022-092-008-000 1052 AMARONE WAY 1.0 149.34
022-092-009-000 1062 AMARONE WAY 1.0 149.34
022-092-010-000 1072 AMARONE WAY 1.0 149.34
022-093-002-000 NO SITUS ADDRESS 1.0 149.34
022-093-003-000 NO SITUS ADDRESS 1.0 149.34
022-093-004-000 772 MONT CLIFF WAY 1.0 149.34
022-093-005-000 762 MONT CLIFF WAY 1.0 149.34
022-093-006-000 752 MONT CLIFF WAY 1.0 149.34
022-093-007-000 742 MONT CLIFF WAY 1.0 149.34
022-093-008-000 732 MONT CLIFF WAY 1.0 149.34
022-093-009-000 722 MONT CLIFF WAY 1.0 149.34
022-093-010-000 712 MONT CLIFF WAY 1.0 149.34
022-094-001-000 656 CALERO CT 1.0 149.34
022-094-002-000 668 CALERO CT 1.0 149.34
022-094-003-000 1003 BRIARWOOD DR 1.0 149.34
022-094-004-000 1013 BRIARWOOD DR 1.0 149.34
022-094-005-000 1023 BRIARWOOD DR 1.0 149.34
022-094-006-000 669 SEAPORT VILLAGE DR 1.0 149.34
022-094-007-000 657 SEAPORT VILLAGE DR 1.0 149.34
022-095-001-000 1005 DALLAS DR 1.0 149.34
022-095-002-000 1015 DALLAS DR 1.0 149.34
022-095-003-000 1025 DALLAS DR 1.0 149.34
022-095-004-000 1035 DALLAS DR 1.0 149.34
022-095-005-000 1045 DALLAS DR 1.0 149.34
022-095-006-000 1055 DALLAS DR 1.0 149.34
022-095-007-000 1065 DALLAS DR 1.0 149.34
022-095-008-000 1075 DALLAS DR 1.0 149.34
022-095-009-000 1072 BRIARWOOD DR 1.0 149.34
022-095-010-000 1062 BRIARWOOD DR 1.0 149.34
022-095-011-000 1052 BRIARWOOD DR 1.0 149.34
022-095-012-000 1042 BRIARWOOD DR 1.0 149.34
022-095-013-000 1032 BRIARWOOD DR 1.0 149.34
022-095-014-000 1022 BRIARWOOD DR 1.0 149.34
022-095-015-000 1012 BRIARWOOD DR 1.0 149.34
022-095-016-000 1002 BRIARWOOD DR 1.0 149.34
022-096-001-000 656 SEAPORT VILLAGE DR 1.0 149.34
022-096-002-000 668 SEAPORT VILLAGE DR 1.0 149.34
022-096-003-000 1053 BRIARWOOD DR 1.0 149.34
022-096-004-000 1063 BRIARWOOD DR 1.0 149.34
022-096-005-000 1073 BRIARWOOD DR 1.0 149.34
Summary Fields Value
Number of Parcels to be Levied 153
Total EDUs 153.00
Total Charges $22,849.02
Willdan Financial Services Page 3 of 3

Page 126 of 356 ends

I I

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU CHARGE
($)
022-096-006-000 669 MONT CLIFF WAY 1.0 $147.30
022-096-007-000 657 MONT CLIFF WAY 1.0 147.30
022-097-001-000 650 MONT CLIFF WAY 1.0 147.30
022-097-002-000 660 MONT CLIFF WAY 1.0 147.30
022-097-003-000 670 MONT CLIFF WAY 1.0 147.30
022-097-004-000 684 MONT CLIFF WAY 1.0 147.30
Summary Fields Value
Number of Parcels to be Levied 6
Total EDUs 6.00
Total Charges $883.80
City of Livingston
BAD-Strawberry Fields
Fiscal Year 2025/26 Preliminary Assessment Roll
Willdan Financial Services Page 1 of 1

Page 127 of 356 ends

I I

ASSESSOR'S PARCEL NUMBER SITUS ADDRESS EDU CHARGE
($)
143-291-001-000 2881 TULARE CT 1.0 $145.42
143-291-002-000 2873 TULARE CT 1.0 145.42
143-291-003-000 2865 TULARE CT 1.0 145.42
143-291-004-000 2859 TULARE ST 1.0 145.42
143-291-005-000 2849 TULARE ST 1.0 145.42
143-291-006-000 2841 TULARE CT 1.0 145.42
143-291-007-000 2835 TULARE CT 1.0 145.42
143-291-008-000 2827 TULARE CT 1.0 145.42
143-291-009-000 2825 TULARE CT 1.0 145.42
143-291-010-000 2828 TULARE CT 1.0 145.42
143-291-011-000 2836 TULARE CT 1.0 145.42
143-291-012-000 2842 TULARE CT 1.0 145.42
143-291-013-000 2850 TULARE CT 1.0 145.42
143-291-014-000 2860 TULARE CT 1.0 145.42
143-291-015-000 2866 TULARE CT 1.0 145.42
143-291-016-000 2874 TULARE CT 1.0 145.42
143-291-017-000 2882 TULARE ST 1.0 145.42
143-291-018-000 2883 FRANQUETTE CT 1.0 145.42
143-291-019-000 2875 FRANQUETTE CT 1.0 145.42
143-291-020-000 2867 FRANQUETTE CT 1.0 145.42
143-291-021-000 2861 FRANQUETTE CT 1.0 145.42
143-291-022-000 2851 FRANQUETTE CT 1.0 145.42
143-291-023-000 2843 FRANQUETTE CT 1.0 145.42
143-291-024-000 2837 FRANQUETTE CT 1.0 145.42
143-291-025-000 2829 FRANQUETTE CT 1.0 145.42
143-291-026-000 2827 FRANQUETTE CT 1.0 145.42
143-291-027-000 2830 FRANQUETTE CT 1.0 145.42
143-291-028-000 2838 FRANQUETTE CT 1.0 145.42
143-291-029-000 2844 FRANQUETTE CT 1.0 145.42
143-291-030-000 2852 FRANQUETTE CT 1.0 145.42
143-291-031-000 2862 FRANQUETTE CT 1.0 145.42
143-291-032-000 2868 FRANQUETTE CT 1.0 145.42
143-291-033-000 2876 FRANQUETTE CT 1.0 145.42
143-291-034-000 2884 FRANQUETTE CT 1.0 145.42
143-291-035-000 2885 TEHAMA DR 1.0 145.42
143-291-036-000 2871 TEHAMA DR 1.0 145.42
143-291-037-000 2861 TEHAMA DR 1.0 145.42
143-291-038-000 2853 TEHAMA DR 1.0 145.42
143-291-039-000 2845 TEHAMA DR 1.0 145.42
143-291-040-000 2839 TEHAMA DR 1.0 145.42
143-291-041-000 2831 TEHAMA DR 1.0 145.42
143-291-042-000 2823 TEHAMA DR 1.0 145.42
143-291-043-000 2817 TEHAMA DR 1.0 145.42
143-292-001-000 549 VINA CT 1.0 145.42
143-293-001-000 548 VINA CT 1.0 145.42
143-293-002-000 551 CHANDLER CT 1.0 145.42
143-294-001-000 550 CHANDLER CT 1.0 145.42
143-294-002-000 549 ALDRICH AVE 1.0 145.42
143-295-001-000 2909 TULARE ST 1.0 145.42
143-295-002-000 2917 TULARE ST 1.0 145.42
143-295-003-000 2923 TULARE ST 1.0 145.42
143-295-004-000 2931 TULARE ST 1.0 145.42
143-295-005-000 2937 TULARE ST 1.0 145.42
City of Livingston
BAD - Sundance (Country Villas)
Fiscal Year 2025/26 Preliminary Assessment Roll
Willdan Financial Services Page 1 of 4

Page 128 of 356 ends
← All documents from this meeting