Livingston City Council
August 19, 2025

·e JOHND ER i3-i BELKO~P AG
Selling Equipment
Quote Id: 33143243 Customer Name: CITY OF LIVINGSTON PUBLIC WORKS

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Deere & Company
2000 John Deere Run
Cary, NC 27513
FED ID: 36-2382580
UEID: FNSWEDARMK53
Belkorp Ag, LLC
2413 Crows Landing Road
Modesto, CA 95358
209-538-3831
[email protected]
JOHN DEERE 1575 TerrainCut™ with ComfortCab Commercial Front Mower (Less Mower Deck)
Contract: Sourcewell Grounds Maint
112624-DAC (PG NB CG
70)
Suggested List *
$53,180.00
Selling Price *
$41,086.60 Price Effective Date: July 8, 2025
Code Description
244BTC 1575 TerrainCut™ with
ComfortCab Commercial Front
____ M_ower (Less Mower Deck)
001A United States and Canada
183N JDLink™ M Modem
Standard Options Total
Value Added Services Total
Freight
Suggested Price
* Price per item - includes Fees and Non-contract items I Qty List Price Discount% Discount Contract
Amount Price Contract Pric
1 $ 52,580.00 23.00 $ 12,093.40 $ 40,486.60 $ 40,486.6
Standard Options - Per Unit
1 $ 0.00 23.00
1 $ 0.00 23.00
$ 0.00
1 $ 0.00
Other Charges
$ 600.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 600.00
Total Selling Price $53,180.00 $12,093.40 $41,086.60 $41,086.60 JOHN DEERE 72 In. 7-lron PRO Commercial Side Discharge Mower Deck Contract: Sourcewell Grounds Maint Suggested List*
112624-DAC (PG NB CG $ 6,590.00
70) Selling Price*
Price Effective Date: July 8, 2025 $ 5,115.93
Code Description Qty
034NTC 72 In. 7-lron PRO Commercial 1
Side Discharae Mower Deck
* Price per item - includes Fees and Non-contract items I List Price Discount% Discount Contract Extended
Amount Price Contract Price
$ 6,409.00 23.00 $ 1,474.07 $ 4,934.93 $4,934.93

1 • (I) Joi-I DEERE
Selling Equipment
Quote Id: 33143243 Customer Name: CITY OF LIVINGSTON PUBLIC WORKS

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Deere & Company
2000 John Deere Run
Cary, NC 27513
FED ID: 36-2382580
UEID: FNSWEDARMK53
001A United States and Canada
Standard Options Total
Freight
Suggested Price
Belkorp Ag, LLC
2413 Crows Landing Road
Modesto, CA 95358
209-538-3831
[email protected]
~~~ Op1tons .. Per lltiit
1 $ 0.00 23.00
$ 0.00
$ 0.00
$ 0.00
1 Otller Charges
$ 181.00
$ 0.00
$ 0.00
$ 181.00
-i 1 ·LKOIU•Ala
$ 0.0
$ 0.0
$ 181 .0
$5,115.9
Total Selling Price $6,590.00 $1,474.07 $5,115.93 $5,115.93

STAFF REPORT
AGENDA ITEM: Resolution Approving the Purchase of One New Utility Truck (2025 F250 SRW 4x2 WB Style Side 6.8 V8 Engine With 10 Speed Transmission) from National Auto Fleet Group, in the Amount of $65,581.93 and Authorizing the City Manager to Execute All Required Documents MEETING DATE: August 19, 2025
PREPARED BY: Anthony Chavarria, Director of Public Works REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution approving the purchase of one new utility truck (2025 F250 SRW 4x2 WB Style Side 6.8 V8 Engine with 10 Speed Transmission) from National Auto Fleet Group, in the amount of $65,581.93 and authorizing the City Manager to execute all required documents.

BACKGROUND:

The City operates and maintains a fleet of work vehicles for the purpose of inspecting, maintaining and operating City parks, facilities, utilities, and infrastructure. From time to time, it is necessary to replace aging fleet vehicles that have exceeded their life expectancy. The new utility truck will replace a 2000 utility truck, which will be repurposed within the Public Works Department.

DISCUSSION:

City of Livingston Municipal Code Title 1, Chapter 11 allows the City to use the procurement services from SourceWell for purchasing. SourceWell is a joint powers authority (See California Government Code Section 6502) that offers national, competitively solicited purchasing contracts meeting the requirements for Livingston Municipal Code § 1-11-4(G) - cooperative purchasing agreements.

The new utility truck will be purchased through SourceWell’s contract #09121-NAF with National Auto Fleet Group. Attached is the quote for the new utility truck.

FISCAL IMPACT:
$65,581.93 Expended from Fiscal Year 2025-2026 approved budget from the LMDs and CFD Funds.

Department Account Amount
LMDs 1211-(301-326)-7420 $45,907.35
CFD 1213-475-7420 $19,674.58
L..,____I Total _____L___I _ $65,581.93__JI

ATTACHMENTS:

Resolution No. 2025-
Exhibit “A” Cost Proposal from National Auto Fleet Group for the amount of $65,581.93

RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING THE PURCHASE OF ONE NEW UTILITY TRUCK (2025 F250 SRW 4X2 WB STYLE

6.8 V8 ENGINE WITH 10 SPEED TRANSMISSION) FROM NATIONAL AUTO FLEET GROUP, IN THE AMOUNT OF $65,581.93 AND AUTHORIZING THE CITY MANAGER

TO EXECUTE ALL REQUIRED DOCUMENTS
WHEREAS, the City operates and maintains a fleet of work vehicles for the purpose of inspecting, maintaining and operating City parks, facilities, utilities, and infrastructure; and WHEREAS, from time to time it is necessary to replace aging fleet vehicles that have exceeded their life expectancy; and
WHEREAS, the new utility truck will replace a 2000 utility truck, which will be repurposed within the Public Works Department; and
WHEREAS, City of Livingston Municipal Code Title 1, Chapter 11 allows the City to use the procurement services from SourceWell for purchasing. SourceWell is a joint powers authority (See California Government Code Section 6502) that offers national, competitively solicited purchasing contracts meeting the requirements for Livingston Municipal Code § 1-11-4(G) - cooperative purchasing agreements; and
WHEREAS, the new utility truck will be purchased through SourceWell’s contract #09121-NAF with National Auto Fleet Group; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby:

1. Finds that the above recitals are true and correct findings of the Livingston City Council.

2. Approves the purchase of one new utility truck from National Auto Fleet Group, in the amount of $65,581.93 from the approved fiscal year 2025/2026 budget from the LMDs and CFD fund.

Department Account Amount
LMDs 1211-(301-326)-7420 $45,907.35
CFD 1213-475-7420 $19,674.58
Total $65,581.93

3. Authorizes the City Manager to execute all required documents.

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 the City Council of the City of Livingston at a regular meeting thereof duly held on the 19th day of August 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
________________________
Marc B. Tran, City Attorney
Of the City of Livingston

National Auto Fleet Group A Division of Chevrolet of Watsonville 490 Auto Center Drive, Watsonville, CA 95076
(855) 289-6572 • {831) 480-8497 Fax
07/14/2025
. Order bid

CITY OF LIVINGSTON
Robert Mendez
National Auto Fleet Group is pleased to quote the following sourced item(s) for your consideration. One (1) New/Unused (2025 F250 UTILITY BODY) and provided by Bobbie Winterhalder with Watsonville Ford, 60,180.00 SOURCEWELL CONTRACT 09121-NAF
Doc fee. 85.00. Tire Fee 8. 75. ETF. 35.00
Tax 8.25 5,273.18
Total 65,581.93
TOTAL DUE 65,581.93
BOBBIE WINTERHALDER, FLEET MGR 831-419-1602

KTP-001942
Ulil!l.!!B
• DOOR HANDLES - BLACK
• HEADLAMPS- AUTOLAMP
(ON/DFF)
• TOW HOOKS
• TRAILER SWAY CONTROL
• TRAILER TOW MIRRORS
• WIPERS- INTERMITTENT

INCLUDED ON THIS VEHICLE
OPTIONAL f:QUJPMENTI'OJHJ:R
PREFERRED EQUIPMENT PKG.600A
10-SPEED AUTO TORQSHIFT-G

3.73 RATIO NON LTD SUP AXLE

FRONT LICENSE PLATE BRACKET
10000# GVWR PACKAGE

SO STATE EMISSIONS

SPARE TIRE AND WHEEL

TRAILER BRAKE CONTROLLER

JACK TOUGH BED SPRAY IN BEDLINER
ltlIJalll2.II
• 4.2' PRODUCTIVITY SCREEN
• AIR COND. MANUAL FRONT
• CLOTH SUN VISORS
•DRIVER SEAT-MANUAL LUMBAR
• OUTSIDE TEMP DISPLAY
• PARTICULATE AIR FILTER
• POWER LOCKS AND WINDOWS
• STEERING:TILT/TELESCOPE,

CRUISE & AUDIO CONTROLS
(MSRP)

NO CHARGE

NO CHARGE NO CHARGE NO CHARGE NO CHARGE
300.00
595.00

AAUPONE
RA84
,u,vµ-1wo
ITEMI:

FUNCTIONAL SAFETY/SECURITY
• 4-WHEEL ANTILOCK BRAKE SYS • ADVANCETRAC™ WITH RSC®
• FOADPASS™ CONNECT 5GWI-FI

HOTSPOT TELEMATICS MODEM
• AIRBAGS - SAFETY CANOPY® • BELT-MINDER CHIME
• HILL START ASSIST • DRIVER/PASSENGER AIR BAGS
• REAR VIEW CAMERA • SECURE PKG 1 YR INCLUDED
• REMOTE KEYLESS ENTRY • SECURILOCK® ANTl,THEFT SYS
• SYNC®4 W/8" SCREEN • SOS POST-CRASH ALERT SYS'"
• TWIN I-BEAM INDEPENDENT
FAT SUSPENSION WISTAB BAR lllA8IWID.

RAIL
72-1<227 OFT 2
• 3YR/36,000 BUMPER/ BUMPER
• SYR/100,000 DIESEL ENGINE • SYR/60,000 POWERTRAIN
• SYR/60,000 ROADSIDE ASSIST
PBICI: INEQAMATION

BASE PRICE

TOTAL OPTIONS/OTHER

TOTAIL VEHICLE & OPTIONS/OTHER

DESTINATION & DELIVERY
i J Z :).80 J..,qDO ·- ____-;:
b D, I go
+.(e,c::>
----·
0 (MSRP)
.l
TOTAL MSRP $48,290.00
Whethei you ~eddeto lease 01 finarneYD11r vehicle, yau'U find Ills chlllces that are light Ford Credit lOf YOI!, see your dealer for details or visit www.ford.com/finance. l hi:1 bbtl It ailf'u;cd pu1:!n1111l lo U.t f,e,,iknl ,\alt~ lnfonnalion Dlsctosure Ai:t. Gasollne, Llcem.e1 andTrtfe Fees, SI.ate and Local tans are not Included. Dealer lnsl.alled opUons or accessories are not included unleas listed above.

SC131 N RB 2X 525 001942 0313 25
Environmental Performance
These ratings are not directly comparable to the U.S. EPA/DOT light-duty vehicle label ratings.

For information on how to compare. please see www.arb.ca.gov/ep_label.

Protect the environment. Choose vehicles with higher ratings:

Greenhouse Gas Rating (tailpipe only) Smog Rating (tailpipe only) ' ·'.~ El
Cleaner
Vehicle eIrIIssIons ar2 a pmnarv contributor tc, clirnate change and smo~1 Ratings ar8 deturrnnccJ bv [:-1e California Air Resou1ces Board bas-=d c,n this ,,eh1cl,;;-s rioJ-.:.ured -=-mIs::.I0ns GOVERNMENT 5-STAR SAFETY RATINGS
Du"
Based on the eombtnetl ratings of frontal, side and rollover.

Should ONLY bt compared lo other vehlcies or similar size and weigh I.

Frontal
Crash
Driver Passenger
Not Rated Not Rated
Based on the risk of injury in a frontal impact
Should ONLY be compared to other vehicles of similar size and weight.

Side
Crash
Front seat
Rear seat
Not Rated
Not Rated
Bas1::1d on the risk of inlu_ry in a side impact.

Rollover Not Rated
Siar ratings range from 1 to 5 stars (*****),with 5 being the highest.

Source: National Highway Traffic Safely Administration (NHTSA). www.safercar.gov or 1-888-327-4236
1 FTBF2AA1 SED09976
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~
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F-SERIES"

AMERICA'S BEST

SELLING TRUCKS
The Ford Pass,. Connect mod am Is
ac1iveand sanding vehicle data
(e.e., diagnostics) to Ford:· See ln-vehlct.~
settlnss for connectivity options.
~eased on 1977-2024 CVtotalSAles-
•·FordPass Connl!cl (ilptional on.select vehicles),
the FordPassApp and compllmenlary ConnC!cted
Servicearl! requlll!d to, remotefea.turl!S (sea
FordPass Terms tor details), Conmictad service
and feature& depend on compatible AT&..T
network avaltablllcy. Evolvlna technalo2v1ce11u1ar
ner:workstvehlclecapablllt;ym11iyllm1tfuncu0Mlltv
11,nd prl!vant operation of connacted h1atures.

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I FORD PRoncr
Insist on Ford Protect I The only elrtended se,vice
plan fullv backed by Ford and honored at every Ford
dealership In the U.S .. Canada and Mexk:o. See your
Ford dealer or visit www.FordOWner.com.
h.. WARNING: Operaflnll, se!loiclng_ and maintaining a passenger vell!de, piaup lruck, van, or off-road m vehicle cafl expose you lo dleiTra!ls ioouillng englna exhil\jst. ra1Jon roonoxide, pt,lhola\es. al1d lead, wli'ch are· known to lhf Stale of Qiifomia lo cause cancer and bit1h defecis or olher reprnductil-e harm.

To mioinire exposwe, a~-lxea\hlng exhaust, do nol Idle !he engine eXOOJ)l BS ~. sel'lice )1!Ur vehicle In a wa,-venlialed area and wear gloics °' wash )'OIi! hands lrequenlly when seMCing )11111 vehicle. For mcie inlonna6on _go to www.fl65Wam1ngs.ca.gov/passeriger-ve1i.ide.

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..

Sell
255 Voyager Ave
Brea, CA 92821
Phone:714-996-0411
Fax:

Sales Quote
Sales Quote Date:

Inside Sales Rep.:

Ship
Sales Quote

SQ100322
7/14/2025
Tony Anderson
To: WATSONVILLE FORD

JOHN KRBEC
To: WATSONVILLE FORD

JOHN KRBEC
550 AUTO CENTER DRIVE
WATSONVILLE, CA 95076
550 AUTO CENTER DRIVE
WATSONVILLE, CA 95076
Tax ldent. Type Legal Entity
Ship Via Common Carrier
Terms
Location
Territory
2% 10 Days, Net 30
BREA
Customer ID
Dealer Number
SalesPerson
VIN
FCW01
DLR CODE: 72V429
NCA2
Harbor Truck and Van is Not Held Responsible for any items not listed on this quote/order. Pricing on the quote/order is valid 30 days from the sales quote/order date that is signed (and requested as needed) and the chassis/truck assigned to the quote/order arrives within that 30-day period. Both conditions must be met or the quote/order becomes null and void and must be re-quoted/re-signed.

Item No. Description Exp. Notes Unit Qty.

FORD-056-R-SRW FORD 56" CA REGUlAR CAB SRW GAS--- EACH
HT098-1541 AF 8-FT NeXtGen HARBOR TRADEMASTER FOR 56CA SRW. VERTICAL SERIES- REUSE FACTORY EACH C/S & S/S W/TREADBRITE POP TOP LIDS. BODY IS APPROX 98"L, 79"W, 49" HITCH FLOOR, 41"H, 15"D COMPARTMENTS.

YOBAWHITE HARBOR WHITE SINGLE STAGE NON CLEAR COAT EACH D30-HANDLE-BOLT MASTER LOCK 98"L BODY, HANDLE, BOLT ON, HARBOR KEY EACH D3-HOCKEY-B HOCKEY PUCK COVER TO MASTER LOCK BOLT-ON EACH TO COVER KEY ACCESS. BOTH SIDES. BOLT-ON
(HOCKEY PUCK LOCK NOT INCLUDED)
RKTFLB098-1541-R 8-FT TAPERED-LEG SIDE-LOADER OVER-CAB RACK W/ HOOKS, SWING EACH AWAY REAR BAR, & REMOVABLE CROSSBARS, 42" FRONT LENGTH
Z0B-F-LED MOUNT 8-FT FORD (GAS) BODY W/NO BUMPER, INCLUDES LED LIGHTS EACH G2-54-1642TP42 EACH

BUMPERETTE-N BUMPERETTE SET FOR TRADEMASTER W/LIFTGATE (NARROW) EACH M7PRONG 7 PRONG TRAILER CONNECTOR (POLlAK) EACH
MBCK-UP-FD-872R AFTERMARKET BACK UP CAMERA INSTALLED ON PICKUP BED REMOVAL EACH WITH CAMERA FUNCTION ENABLED (MBCK-UP-FD-872R)
FUEL-KIT-FG NEW FUEL SYSTEM REQUIRED WHEN PICKUP BED REMOVED - Ford Gas EACH SURCHARGE Effective February 12, 2025, prices on quotes/orders are good only for EACH products that Harbor can deliver within 30 days from the initial date of this quote/order. If delivery of products is delayed until after 30 days due to late arrival of the truck
SURCHARGE- or other equipment, this order will be subject to a surcharge up to 25%. In EACH CONTINUED signing the attached quote/order, Customer acknowledges and accepts these terms as a condition for sale of said products.

FREIGHT Freight EACH 1
Amount Subject to Sales Tax 0
Amount Exempt from Sales Tax 17,974.18
Authorized Signature ______ Date _ ____ _
Dealer VIN/VON ___ ___ _
P.O.# ____ _

STAFF REPORT
AGENDA ITEM: Resolution of the City Council of the City of Livingston Accepting the Grant Deed for the Street Right of Way Dedication by Tierrasanta Villas, L.P., for APN 022-010-026 and Authorize the City Manager to Execute a Certificate of Acceptance for Recording of the Grant Deed

MEETING DATE: August 19, 2025
PREPARED BY: Noe Martinez, PE, Gouveia Engineering Inc.

Approved By: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 2025-_______, accepting the Grant Deed for the street right of way dedication by Tierrasanta Villas, L.P., for APN 022-010- 026 and authorize the City Manager to execute a Certificate of Acceptance for recording of the Grant Deed.

BACKGROUND AND DISCUSSION:

On September 7, 2021, the City Council of the City of Livingston approved Site Plan/Design Review 2020-05, General Plan Amendment 2021-01 and Rezone 2021-01, for the construction of an 80-unit multi-family housing development at 915 B Street (APN 022-010-026). The project construction is underway and the substantial completion is forthcoming.

The Conditions of Approval for this project required the dedication of street right of way along the property street frontage of B Street. This right of way dedication to the City of Livingston should be filed with the County Recorder’s office prior to the issuance of a certificate of occupancy for this project.

The proposed dedication is overlaid by an existing 10-ft electrical easement owned by Merced Irrigation District. The dedication will be recorded subject to this existing easement. Any future dedications along this segment of B Street will be recorded without this easement encumbrance.

The property owner, Tierrasanta Villas, L.P., has prepared the attached Grant Deed for the dedication of said right of way. City staff has reviewed the Grant Deed and recommends that the City Council accept the partial take from said property for recording.

The resolution also authorizes the City Manager to execute the attached Certificate of Acceptance for recording of the Grant Deed.

FISCAL IMPACT
There would be no fiscal impact for this item.

ATTACHMENTS:

1. Resolution No. 2025-____

2. Grant Deed for Right of Way Dedication

3. Certificate of Acceptance

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ACCEPTING THE

GRAND DEED FOR THE STREET RIGHT OF WAY DEDICATION BY TIERRASANTA VILLAS, L.P., FOR APN 022-010-026 AND AUTHORIZE THE CITY MANAGER TO EXECUTE

A CERTIFICATE OF ACCEPTANCE FOR RECORDING OF THE GRANT DEED WHEREAS, the City Council of the City of Livingston approved the Site Plan/Design Review 2020-05, General Plan Amendment 2021-01 and Rezone 2021-01, on September 7, 2021, for the development of an 80-unit multi-family housing development by Tierrasanta Villas, L.P.; and
WHEREAS, the subject property is located at 915 B Street on APN 022-010-026; and WHEREAS, the construction work for the multi-family housing development is underway and the substantial completion is forthcoming; and
WHEREAS, the Conditions of Approval for this project required the dedication of street right of way to the City of Livingston on the property street frontage of B Street; and WHEREAS, the proposed dedication will be recorded subject to an existing 10-ft Merced Irrigation District electrical easement but any future dedications within this segment of B Street will be recorded without this easement encumbrance; and WHEREAS, the City has obtained an executed Road Dedication Deed from the property owner, Tierrasanta Villas, L.P.; and
WHEREAS, the City desires to accept the Road Dedication Deed from said property owner and record the street right of way prior to the issuance of a certificate of occupancy for this project; and
WHEREAS, the City Council delegates authority to the City Manager to execute a Certificate of Acceptance for the recording of said Grant Deed.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby;
Section 1: Accepts the Road Dedication Deed dated October 30, 2024, from Tierrasanta Villas, L.P.

Section 2: Authorizes and directs the City Manager to execute the Certificate of Acceptance and file with the County Recorder’s office.

Section 3: This resolution is effective immediately upon adoption.

I hereby certify that the forgoing 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 19th day of August 2025, by the vote recorded as follows:

AYES:

NOES:

ABSTAIN:

By: _____________________
Jose A. Moran
Mayor of City of Livingston
ABSENT:

ATTEST
_____________________________
Monica Cisneros, Deputy City Clerk
Of the City of Livingston

APPROVED AS TO LEGAL FORM
____________________________
Mark B. Tran, City Attorney

RECORDING REQUESTED BY:

Old Republic Title Company
Escrow No.: 1231007387
APN:

When Recorded Mail Document and Tax Statements to:

City of Livingston

SPACE ABOVE THIS UNE IS FOR RECORDER'S USE
Road Dedication Deed
The undersigned grantor(s) declare(s):

Documentary Transfer Tax is $0.00 R& T 11922
( ) computed on full value of property conveyed, or ( ) computed on full value less of liens and encumbrances remaining at time of sale. () Unincorporated area: (X) City of Livingston FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Tierrasanta Villas, LP., a California limited partnership hereby GRANT(S) to
City of Livingston, a political subdivision of the State of California, a fee, over, under, through and across that property in City of Livingston, Merced County, State of California, as described in:

Exhibit "A" attached hereto and made a part hereof
Date: October 30, 2024
Tierrasanta Villa, LP., a California limited partnership By: Tierrasanta Villas LLC, a California limited liability company, its managing general partner
By: Visionary Home Builders of California, Inc., a
california no rofit public benefit corporation, its Sole Member
Grant Deed MAIL TAX STATEMENTS f:,S DIRECTED ABOVE Page 1 of 2

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 CAL- I F o £.,-J 1.-t\
Countyof Sfl,J .:ro110u1~
On D :,../ 211 / 2,02-~ before me, O 1>/ ~ /2.o.S.S a Notary Public, personally appeared r CA Jeo I- J. O I!!!. N G l,,.J4.S - , who
proved to me on the basis of satisfactory evidence to be the person(.$¥ whose name~· is/~ subscribed to the within instrument and acknowledged to me that bf!/she/tbe';' executed the same in l-lfS7her/tbeir authorized capacityQes), and that by ~/her/theft signature(,st on the instrument the perso~, or the entity upon behalf of which the perso~ acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of california that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: @ &~
Name: ODIS -eos.,s-
{Typed or Printed)
Grant Deed Order No. 1231007387
(Seal)
0 0 0 0 -A-A Ar-;">, f DIS ROSS, OMM. # 2368188:.

Y PUaLIC -CALIFORNIA C)

EXHIBIT "A"

LEGAL DESCRIPTION

ROAD DEDICATION
ALL that certain real property, being a portion of and situate in the North one-half of Section 26, Township 6 South, Range 11 East, Mount Diablo Meridian, City of Livingston, County of Merced, State of California, being more particular described as follows:

The South 25.00 feet of Parcel 2, as shown on that certain map, filed for record August 25, 2020 in Book 118 of Parcel Maps, at Page 44 & 45, Merced County Records Containing 7,750 square feet, more or less.

Subject to the existing Electrical Easement in favor of Merced Irrigation District recorded in Book 3712 of Official Records, Page 660 under recorder's Serial Number 13863, Merced County Records.

All as shown on EXHIBIT "B" attached hereto and by this reference made a part hereof.

CJ26~
Rien Groenewoud, P.L.S. 6946

"B"
(
b
0 c:i
(0
IO ~ 0) ~ 0
N
0 ~ ..........
- NB9".31'55"E .310.00'
LEGEND:

M.C.R.

PM

MERCED COUNTY RECORDS

PARCEL MAP

PROJECT BOUNDARY

CENTERLINE

EASEMENT LINE
EXISnNG LOT LINE

ROAD DEDICADON
7, 750 SQ.FT.
---------------------
b
,..., STREET j
1 t::JQIE;_ Subject to the existing Electrical Easement In favor of Merced ! Irrigation District, recorded in Book .3712 of Official Records, Page 660 !l under Recorder's Serial Number 1.386.3, Merced County Records.

J ~===================================================COPYRIOHT===D=..S.,==N01ffl151i===U=ENOINEDUH===G=GRO=IIP=•=INC~ I I

PLAT TO ACCOMPANY

LEGAL DESCRIPTION

EXHIBIT 'B'
ij • CML ENGINEERING• SU/NEY/NG• PIANNING• BEING A PORllON OF PARCEL 2, AS SHOWN IN BOOK 118 OF PARCEL i 620 12th street Moduto, C4 95J54 MAPS, PAGE 44 & 45, M.C.R., & SITUATE IN SEC. 26, 16S, Rt1E, M.D.M. stlEEf 01 • (209) 524-J525 Phone (209} 524-J526 Fax I LIVINGSTON MERCED COUNTY CALIFORNIA 01 I ,_ ________________________________ OF..._ .....

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 )SS
---------------
COUNTY OF ~ A /V ::ro ~ WU I ,.I
On O -g_/ 2-'1/ 2-o2~ before me, _ _,;O;;_;D;c;.....;..;IS;;;.....;..R..;;...O __ S~S ____ , Notary Public, personally appeared CAICdL ;J"': 01:!N&~ fl;s.
who proved to me on the basis of satisfactory evidence to be the perso~ whose nameffl is/at€. subscribed to the within instrument and acknowledged to me that .f<e/she/t~ executed the same indffs/her/tbeir authorized capacity~, and that by ~/her/t~r signatureC,Bt on the instrument the person~, or the entity upon behalf of which the perso~ acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. This area for official notarial seal.

CERTIFICATE OF ACCEPTANCE
(Government Code § 27281)
This is to certify that the interest in real property, as shown on Exhibit “A” attached hereto, conveyed by the Road Dedication Deed dated October 30, 2024, from TIERRASANTA VILLAS, L.P., to the CITY OF LIVINGSTON, is hereby accepted by order of the Livingston City Council, by adoption of Resolution No. 2025-___, on August 19, 2025. The City of Livingston hereby consents to recordation thereof by its duly authorized officer.

Dated:__________________, 2025 By:_________________________________ Jose Antonio Ramirez, City Manager

STAFF REPORT
AGENDA ITEM: A Resolution of the City Council of the City of Livingston (1) Accepting the Bid and Awarding a Contract to Loprest, a Division of Water Remediation Technology, LLC, for the Total Bid Amount of $1,408,672.00 for the Supply of Greensand Filtration Equipment for Arsenic Treatment at Well No. 8A, and (2) Authorizing the City Manager to Execute the Agreement
MEETING DATE: August 19, 2025
PREPARED BY: Mario Gouveia, City Engineer

REVIEWED BY: Jose Antonio Ramirez, City Manager
Anthony Chavarria, Public Works Director
RECOMMENDATION:

Staff recommends that City Council adopt Resolution No. 2025-___ (1) accepting the bid and awarding a contract to Loprest, a Division of Water Remediation Technology, LLC for the total bid amount of $1,408,672.00 for the Supply of Greensand Filtration Equipment for Arsenic Treatment at Well No. 8A, and (2) authorizing the City Manager to execute the supply of greensand equipment agreement.

BACKGROUND AND DISCUSSION:

The City of Livingston is currently constructing Well No. 8A and the production well has shown arsenic levels in excess of the State’s MCL of 10µg/l. On September 3, 2024, the City Council authorized funding for the installation of an arsenic treatment facility for Well No. 8A.

The arsenic treatment facility will include greensand filtration vessels, piping, valves, chemical injection, and a backwash tank. The arsenic treatment facility will be designed to treat water from Well Nos. 8/8A, 9, and 18. In addition to removing arsenic, the proposed greensand filtration equipment will also remove iron and manganese, which is also present in the City’s groundwater.

Following the required public bidding procedure, the project was advertised in the Merced Sun Star on July 23 and July 30, 2025. The City received a total of one (1) bid that was opened and read aloud at the advertised bid opening date and time: 2:00 p.m. on August 6, 2025, at the City of Livingston City Hall. The lowest responsible, responsive bid was submitted by Loprest, a Division of Water Remediation Technology, LLC. The bid results are listed below:

Contractor Bid
Loprest, a Division of Water Remediation
Technology, LLC.
$ 1,408,672.00
Engineer’s Estimate $ 1,390,000.00

Staff recommends awarding a contract to Loprest, a Division of Water Remediation Technology, LLC., in the amount of one million four hundred eight thousand six hundred seventy-two dollars and zero cents ($1,408,672.00).

FISCAL IMPACT:
$1,408,672.00 will be expended from the approved Fiscal Year 2025/2026 budget from the Water Capital Fund (2104-830-7641).

ATTACHMENTS:

1. Resolution No. 2025-___

2. Abstract of Bids

3. Contractor’s Bid

4. Agreement

RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1) ACCEPTING

THE BID AND AWARDING A CONTRACT TO LOPREST, A DIVISION OF WATER REMEDIATION TECHNOLOGIES, LLC., FOR THE TOTAL BID AMOUNT OF $1,408,672.00

FOR THE SUPPLY OF GREENSAND FILTRATION EQUIPMENT FOR ARSENIC TREATMENT AT WELL NO. 8A, AND (2) AUTHORIZINGTHE CITY MANAGER TO

EXECUTE THE AGREEMENT
WHEREAS, the City of Livingston is currently in the process of constructing the new Well No. 8A; and
WHEREAS, the groundwater quality testing results obtained during well development indicated that the water produced by the new well will contain arsenic in excess of the State’s MCL of 10µg/l; and
WHEREAS, the major work consists of supplying greensand filtration equipment for the arsenic treatment at Well No. 8A which will be procured by the City and installed separately as part of a construction contract for the Well No. 8A site; and
WHEREAS, the Invitation to Bid for the Supply of Greensand Filtration Equipment project was advertised in the Merced Sun Star on July 23, 2025, and July 30, 2025; and WHEREAS, a total of one (1) bid was received and read aloud at 2:00 p.m. on August 6, 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
Loprest, a Division of Water Remediation
Technology, LLC.
$ 1,408,672.00
WHEREAS, the Engineer’s Estimate was $1,390,000.00; and WHEREAS, the bid has been reviewed by the City Engineer, and Loprest, a Division of Water Remediation Technology, LLC., submitted the lowest responsive and responsible bid; and WHEREAS, it is in the best interest of the City of Livingston to award the Supply of Greensand Filtration Equipment contract to Loprest, a Division of Water Remediation Technology, LLC., as it is the lowest responsive and responsible bid; and
WHEREAS, funding for this project was encumbered in fiscal year 2025/2026 in the Water Capital Fund (2104-830-7641); and
WHEREAS, The City Council of the City of Livingston accepts the bid from Loprest, a Division of Water Remediation Technology, LLC., and now desires to enter into an agreement to construct the project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby:

1. Finds that the foregoing recitals are true and correct and incorporated by reference.

2. Awards the Supply of Greensand Filtration Equipment contract to Loprest, a Division of Water Remediation Technology, LLC., in the total bid amount of one million four

hundred eight thousand six hundred seventy-two dollars and zero cents ($1,408,672.00) from the approved fiscal year 2025/2026 budget from the Water Capital Fund (2104-830-7641), which construction contract is attached hereto as Exhibit “A” and finds that said award is in the best interest of the City.

3. Authorizes the City Manager to execute the agreement for the Supply of Greensand Filtration Equipment.

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 the City Council of the City of Livingston at a regular meeting thereof duly held on the 19th day of August 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
____________________________________
Marc Tran, City Attorney
of the City of Livingston

ABSTRACT OF BIDS FOR
OWNER
Supply of Greensand Filtration Equipment
Bid Opening: August 6, 2025 @ 2:00 p.m.

Item
No. Unit Price Amount Unit Price Amount
1 1 LS 1,390,000.00 1,390,000.00 1,408,672.00 1,408,672.00 $1,390,000.00 $1,408,672.00
Supply of Greensand Filtration Equipment
Engineer's Estimate 901 W. 116th Ave., Suite 400
Loprest, a Division of WRT
Item Description
Quantity
and Unit
Westminster, Co 80234

BID TOTAL
640.34
I

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CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS

BID BOOK
FOR

SUPPLY OF GREENSAND

FILTRATION EQUIPMENT
Bid Opening Date: August 6, 2025 @ 2:00 p.m. PDT
JULY 2025

GOUVEIA ENGINEERING
456 Sixth Street, Gustine, California 95322

BID BOOK

TABLE OF CONTENTS
PROPOSAL TO CITY ..................................................................................................................................... 1-12 BID SCHEDULE ... .... ............................................ .......... ............................................ ......... .... .. .... .................. 3-12 STATEMENT OF QUALIFICATIONS ............... ..................... .. .................... .. .. .. .... .. .. .......... ........................... 4-12 EQUAL OPPORTUNITY CERTIFICATION ............ .... .......... .............. .. ........... .. .......... ... ................................ 5-12 PUBLIC CONTRACT CODE STATEMENTS .. ..................... .................... .............. ........................................ 6-12 PUBLIC CONTRACT CODE QUESTIONAIRE ............................................... .. ............................................. 7-12 CONTRACTOR'S CERTIFICATION REGARDING WORKER'S COMPENSATION INSURANCE ............... 7-12 NONCOLLUSION AFFIDAVIT .. ............................................ ........ ............ ................ .... ... ........ .. ...... ............... 8-12 DEBARMENT AND SUSPENSION CERTIFICATION .. ................... ............ ......... .. ....................................... 9-12 NPDES/MS4 COMPLIANCE CERTIFICATION ...................... ....................... ................... .. ........ .................... 9-12 SIGNATURE PAGE ............... ............................ ............ ........................... .. .. ............... ................................... 10-12 BID BOND ..................................................................... .......................................... ........................................ 11-12 - TABLE OF CONTENTS I - Page 235 of 280

PROPOSAL TO THE CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS
NAME OF BIDDER __ L_o_p_re_s_t,_a_D_i_v_is_io_n_o_f _WR_T ____________ _ BUSINESS P.O. BOX ___________________ _
CITY, STATE, ZIP _____________________ _
( Please include even if P. 0 . Box used)
BUSINESS STREET ADDRESS 901 W 116th Ave., Suite 400
CITY, STATE, ZIP __ W_ es_t_m_in_s_te_r_, C_O_8_0_23_4 _____________ _ TELEPHONE NO.: AREA CODE ( 303 ) _4_2_4_-5_3_55 __________ _ FAX NO.: AREA CODE ( ) ______________ _
CONTRACTOR LICENSE NO.: _________________ _
Department of Industrial Relations (DIR) Registration No.: _________ _ 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 July 2025 and are entitled:
640.34

CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS

CONTRACT DOCUMENTS
FOR

SUPPLY OF GREENSAND

FILTRATION EQUIPMENT
BID 1 of 12

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 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 is accepted, that he will contract with the CITY of LIVINGSTON, in the form of the copy of the contract 640.34
BID2-12

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:

ITEM

CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS

BID SCHEDULE

SUPPLY OF GREENSAND

FILTRATION EQUIPMENT

ESTIMATED UNIT
NO. BID ITEM DESCRIPTION QUANTITY PRICE
ITEM
TOTAL
1 Supply of Greensand Filtration
Equipment 1 LS $ 1,408,672$ 1,408,672
TOTAL BID $ 1,408,672
------------- NOTE: "TOTAL BID" shall include equipment cost, taxes, freight and delivery cost. 640.34
BID 3-12

STATEMENT OF QUALIFICATIONS
Experience
Bidder shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
1 2 3
EMWD-San Santa Paula Discovery Bay Well 8
Project Title Jacinto Valley Wells 7 & 8
Public Agency Eastern Municipal Santa Paula Town of Discovery Bay Water District CSD
1191 Hewitt St Santa Paula St. and 1800 Willow Lake Road Address San Jacinto, CA 92583 Harvest Loop Discovery Bay, CA 94505 Santa Paula, CA 93060
Amanda Taylor Lou Nagy Kelly Rajala Telephone No. 909-344-6368 805-653-7900 925-634-1131 Tetra Tech WREA-Water Luhdorff & Scalmanini Engineer in Charge Resource Engineering Associates
Project Value($) Filters: $1 ,500,000 Filter: $1 ,500,000 Filter: $500,000 Date Accepted 04/12/24 02/09/24 12/18/23
Claims Filed? No No
No
ff yes explain
below:
640.34

BID
280
4-12
(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
Loprest, a Division of WRT The bidder ____ _ _ _________________ , proposed subcontractor(s) (list Subcontractor(s) above)
hereby certifies that he
D has
IX! 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. 640.34

BID
280
5-12

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. 640.34

BID
280
6-12
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 Oa(ifomia Colorado
County of _ A_d_a_m_s _______ _
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.

Loprest, a Division of WRT
(Name of Contractor)
By: Ron Dollar
l ~ D~
(Authorized Signature of Contractor)
Date: 08/04/25
640.34

BID
280
7-12
640.34
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.

Page
BID 8-12
243 of 280

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. 640.34
The above certifications are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of these Certifications.

Page
BID 9-12
244 of 280
Accompanying this proposal is _ b_i_dd_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; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.

Loprest, a Division of Water Remediation Technology LLC Michael Poth, President. Chris Perez, Treasurer. Ron Dollar, VP of Sales & Marketing Licensed in conformance with an act providing for the registration of Contractors, License No. __________ _ Classification(s) ___________ _ Department of Industrial Relations (DIR) Registration No. _____________ _

ADDENDA
This Proposal is submitted with respect to the changes to the contract included in Addenda Number/s (Fill in addenda numbers if addenda have been received 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). 640.34
Date: 08/04/25
Sian ~ !
i.
~
~
nere Ron Dollar, VP Sales & Marketing
Authorized Signature and Title of Bidder
Business Address _ _ 90_1_W_1_1_6_th_A_ve __ ,_S_u_it_e_4_0_0 __ , _W_e_s_tm_i_n_st_e~r, _C_O_ 8_02_3_4 __ Place of Business __ 9_0_1 _w_ 1 _16_t_h_A_v_e_, s_ui_te_4_o_o_,_w_e_s_tm_in_s_te_r,_c_o_ 8_0_2_34 __ Place of Residence ------------------ - ---
Page
BID 10-12
245 of 280

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

BIDDER (Name and Address)
Water Remediation Technology, LLC
901 W 116th Ave., Suite 400
Westminster, CO 80234
SURETY (Name, and Address of Principal Place
of Business): U.S. Specialty Insurance Company
13403 Northwest Freeway
OWNER (Name and Address):

BID
City of Livingston
1416 "C" Street
Livingston, CA 95334
Houston, TX 77040
Bid Due Date: August 6, 2025
Description: (Project Name and
Location) Supply of Greensand Filtration Equipment, Livingston, CA BOND
Bond
Number: Bid Bond
Date: July 25, 2025
Penal
Sum: Ten Percent of the Total Amount Bid
(Words)
$
10%
(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
Water Remediation Technology, LLC
By:

Bidd~me anr,~al
Signature
Ro~ DollctrPrint Name
Vi' s~le.)+ A ... rk--.ttaoi.

Title
(Seal)
Attest:

Donald E. Appleby
Print Name
Ashlea Mccaughey, Surety Witness
Title
Note: Addresses are to be used for giving any required notice.

Provide execution by any additional parties, such as joint venturers, if necessary. • 640.34
BID 11-12

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. 640.34
BID 12-12

TOKIO MARINE
HCC

POWER OF ATTORNEY

AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIAL TY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint:

Donald Appleby, Todd Bengford, Sarah C. Brown, Ashlea Mccaughey, Jessica Jean Rini, or Mark Sweigart of Colorado
its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ..... Seventy Five Million and 00/100 ***** Dollars ( 0 $75,000.000.00° ). This Power of Attorney shall expire without further action on April 23rd, 2026. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:

Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:

Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.

Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.

IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 18th day of April 2022.

State of California
County of Los Angeles
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, accurac or validi of that document On this 18th day of April 2022, before me, Sonia 0 . Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. ~ ~ i 5,,
Signature (seal) ~ •
I, Kio Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect.

In Witness Whereof, have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 25th day of July _2_02_s __ _
Corporate Seals
Bond No. Bid Bond --------
Agency No. 16589 - PDF POA
HCCSMANPOA02/2023
visit tmhcc.com/surety for more information

ACKNOWLEDGEMENT OF PRINCIPAL
ST A TE OF Colorado
COUNTY OF ,9 d ~~ .J
On this ?. 'i e: day of Jr... / Y , in the year 20 l. S- before me personally / appeared c O o I l«r VP .s~lel".) ~ f\"-rk-rl'i-.
of ------------------------------------
---"W-'-a=t=e-'-r -'-R=e-'-"m-'--'e'""d""ia=t=io"-'n-'--'-Te-=-c=h"'n""'o=l--=- 0..,9..Ly,'---'L=L=C=--------------------' known to me to be the person whose name is subscribed to the instrument, and acknowledge that he/she executed the same.

In WITNESS WHEREOF, I have hereunto set my hands and affixed my official seal, the day and year in this certificate first above written.

JANICE WYCOFF
Notary Public
State of Colorado
Notary ID# 20244012389
M y Commission Expires 03-27-2028
My Commission Expires:
: Notary Public
03 / :J. 7/;;.o ;;..8 I

ACKNOWLEDGEMENT OF SURETY
ST A TE OF Colorado
COUNTY OF ~A=r=ap~a=h=o~e'-----~)
On this 25th day of ___ ~Ju~l~Y--~' in the year _2_02_5 __ - • before me personally come(s) Donald E. A leb Attorney-in-Fact of
~U~.S~. $~~~~~~~~~~~'------------------------~ with whom I am personally acquainted, and who, being by me duly sworn, says that he/she is the Attorney-in-Fact of --~-- - -----~~'------------------' the company described in and which executed the within instrument; that he/she know(s) the corporate seal of such Company; and that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said Company, and that he/she signed said instrument as Attorney-in-Fact of the said Company by like order.

In WITNESS WHEREOF, I have hereunto set my hands and affixed my official seal, the day and year in this certificate first above written.

LINDSEY MINUTILLO
Notary Public
State of Colorado
Notary ID# 20174017004
My Commission Expires 04-19-2029 My Commission Expires: April 19, 2029

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DESIGN

DEVELOP

DELIVER
August 4, 2025
Sales Representative
Randy Richey, WTC
Email: [email protected]
Phone: 510-304-8249
Manufacturer's Representative
Jeff Frey, Envirotrol
Email: [email protected]
Phone: 916-939-7924
Loprest Contact
Daryl Bond, National Sales Manager
Email: [email protected]
Phone: 610-568-6742
Quote Number 25-067 Rl

LUPREST

A DIVISION OF WRT
Water Treatment Solutions Since 1928
loprest.com
901 W. 116th Ave., Suite 400 • Westminster, CO 80234 • 303-424-5355

LUPREST

A DIVISION OF WRT
Iron, Manganese, & Arsenic Removal
,.

II ........ ........
""i"1iii""

PROCESS DESCRIPTION
Iron, Manganese, and Arsenic will be oxidized catalytically by the manganese oxide coating on the Manganese
GreensandPlus media in the presence of a chlorine
oxidant, filtered out by the anthracite and GreensandPlus media, and backwashed to waste.

About Loprest

LOPREST'S CAPABILITIES
• Design and manufacturing of treatment systems:
10 to 10,000 GPM
• Process design for the removal of numerous
contaminants
• Pressure filters, ion exchange systems,
activated carbon systems
• Controls design, manufacturing, and programming
• Onsite filter inspection, evaluation, and maintenance Complete System
Complete filtration system for iron and manganese
removal:
• Filter Vessels and Media
• System Valving
• PLC based controls with Touchscreen OIT
• System commissioning
GREENSAND+ MEDIA
• High filtration rate
• Longer runtimes
• Low waste volumes
• Limited chemical addition
EFFICIENT Energy- and water-efficient
designs to meet client needs
ECONOMICAL Design choices such as
multi-cell horizontal filters and
stainless steel underdrains reduce
cost of ownership
PROVEN Thousands of treatment
systems, over 90 years of experience

AUTOMATED BACKWASH
When one cell is in the backwash mode,
the other cells will remain in filtration
mode to provide treated water for
backwashing. The filter cells will
backwash sequentially.

WATER SCOUR
The pressurized Water Scour system is
designed to maintain forward flow and
enhance media cleaning without
de pressurizing the filter system.
8/4/2025 25-067 Rl I L1v1ng5ton Well 8A Page 2 of 7

LUPREST

A DIVISION OF WRT
Design Parameters
The treatment system shall be specifically designed to remove the target contaminants from the groundwater supply. All components and media in contact with water are NSF-61 compliant for potable water consumption.

The treatment system shall be designed based on the following parameters:

INFLUENT WATER QUALITY
Total Arsenic
Total Iron
Total Manganese
SIZING
System Design Flow Rate
Number of Filters
Number of Cells per Filter
Filter Area per Filter
Hydraulic Loading Rate
Maximum Design Pressure
Anthracite Bed Depth
GreensandPlus Bed Depth
Estimated Service Cycle
Backwash Flow Rate
Water Scour Rate (included in backwash rate)
Waste Volume per Backwash per Filter
Estimated Operating Weight per Filter

EFFLUENT WATER QUALITY
Total Arsenic
Total Iron
Total Manganese
Note: Design parameters can be modified to accommodate site-specific limitations. 15 PPB

0.9 PPM

0.3 PPM
4000 GPM
2 3
280 SQFT

7.1 GPM / SQ FT
100 PSI
12 IN
18 IN
> 24 HRS
1,400 GPM
187 GPM
46,000 GAL
201,000 LBS
< 10 PPB
< 0.1 PPM
< 0.02 PPM
8/4/2025 25 0G7 Rl I Livingston Well 8A Page 3 of 7

LOPREST

A DIVISION OF WRT
Scope of Supply
Engineering
Filter Vessel(s)
Internals
Filtration Media
Control Valves
Other Valves
Electromagnetic Flow
Meters
Pressure Transmitters
Pressure Gauges
Filter System Piping
Filter Control Panel
Start-up and
Commissioning
Engineering including submittals, calculations, seismic, and installation instructions
Two (2) ASME Code horizontal vessels: 8' diameter x 34' sideshell Internal Lining: NSF-61 Epoxy
External Coat: Epoxy prime, polyurethane topcoat
Upper: fully perforated header, 55304
Middle: water scour enhanced media cleaning system, 5S304 Lower: full-length header with wedgewire laterals, 55304 376 CU FT support media
1,460 CU FT filter media
(22) Electrically Actuated Butterfly Valves:
(4) Open/Close @ 12"
(12) Open/Close@ 10"
(6) Open/Close@ 4"
(1) Flow Control Valve @ 10"
(6) Air/vacuum release valves
(1) Backwash flow meter @ 10"
(2) Service Flowmeters@ 12"
(2) Differential pressure transmitters
(4) Pressure gauge/sample tap assemblies
Ductile iron fittings, NSF-61 epoxy lined with external prime, no topcoat. Bolt-up kits provided for furnished pipe.
(1) Control panel, NEMA 4, with Allen Bradley PLC and OIT (2) Valve Relay Panels, NEMA 4X
Panel is factory wired and tested. PLC is factory programmed and tested.

Rinse to Quality
Electrical Check
Operation Training
Operation and Maintenance Manual
8/4/2025 25-0b7 Rl I Livingston Well 8A PagP 4 of 7

LUPREST
Bid Pricing

WATER TREATMENT SYSTEM

PAYMENT TERMS
• 15% upon submitted drawings
• 35% upon release for fabrication
• 40% upon delivery to site
• 10% upon system commissioning
Payment of invoices is due in full
within 30 days of the date of the
invoice. All orders are accepted
subject to credit approval of
purchaser.

Payments must be made by ACH or
check.

DELIVERY
• 8-12 weeks for submittals after
execution of purchase order
• 20-26 weeks for delivery after
approval of submitted drawings

A DIVISION OF WRT
$Per Bid Form
NOTES
• This proposal is based upon today's costs and is valid for a period of 30 days.
• System shipped as vessels, media, valves, piping, and accessories loose for field assembly by Contractor.
• Concrete subfill required but not included, approx. 236 CF per vessel.
• Pricing is based on Loprest standard terms and conditions. • Pricing includes freight to site.
• Compliance with Build America, Buy America (BABA) Act has not been taken into consideration for this proposal.

EXCLUSIONS
• Pipe supports
• Offloading, setting, and
installation.
8/4/70 2S 25-067 Rl I t1v1n~~ton Well 8A Pelt;(• ', of 7

L@PREST A DIVISION OF WRT
Standard Terms and Conditions

1. Payment. Unless otherwise agreed by the parties in writing, payment for all products purchased pursuant to this Agreement shall be made within 30 day of Seller's invoice. Any amount not paid as agreed shall be subject to an interest charge of 1% per month, compounded monthly. Buyer will be liable for all of Buyer's costs to collect amounts due under this agreement, including reasonable attorney's fees, whether or not any collection action is commenced.

2. Limited Warranty. Seller warrants the products sold to the Buyer to be free of defects in materials and workmanship for a period of one year after the products are delivered to Buyer. In the event of any such defect in the products during the warranty period, Seller will provide all parts and labor necessary to correct such defect.

3. Disclaimer Of Implied Warranties; Limitation Of Remedies. THE BUYER'S SOLE AND EXCLUSIVE REMEDY UNDER THE LIMITED WARRANTY PROVIDED HEREIN SHALL BE THE PARTS AND LABOR AS PROVIDED IN THIS AGREEEMENT. ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED. SELLER SHALL NOT BE

RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM THE BREACH OF ANY WARRANTIES WITH RESPECT TO THE PRODUCTS PURCHASED PURSUANT TO THIS AGREEMENT.

4. Waiver of and Indemnification for Claims. BUYER HEREBY AGREES TO WAIVE, RELEASE, DISCHARGE, INDEMNIFY AND HOLD

SELLER HARMLESS FOR ANY AND ALL CLAIMS FOR DAMAGES FOR DEATH, PERSONAL INJURY OR PROPERTY DAMAGE WHICH IT

OR THIRD PARTIES MAY HAVE OR WHICH MAY HEREAFTER ACCRUE AS A RESULT OF THE BUYERS' USE OF THE PRODUCTS SOLD PURSUANT TO THIS AGREEMENT.

5. Intellectual Property. To the extent the products sold pursuant to this Agreement contain, reflect or consist of the Seller's intellectual property, the sale does not include a sale of such intellectual property or of a license to use such intellectual property beyond the use by the Buyer of the products sold.

6. Assignment. In the event that Buyer assigns its rights and obligations under this Agreement any assignment of its payment obligation will be ineffective and Seller will remain jointly and severally liable, with its assignee, to pay all amounts due pursuant to this Agreement.

7. Non-Reliance on Written or Oral Statements. Buyer has relied on its own investigation about the qualities and performance of the products purchased pursuant to this Agreement and has not relied upon the written or oral statements of Seller or its representatives in entering into this Agreement.

8. Only Agreement. This is the only Agreement between the Buyer and Seller relating to the products purchased pursuant to this Agreement, and no oral or other statements, not contained herein, shall be binding on either the Buyer or the Seller.

9. Modification. The terms of this Agreement may not be modified, except in a writing signed by the party to be bound.

10. Non-Waiver; Severability. Waiver by either party hereto of non-performance of any term, provision, covenant, obligation or condition of this Agreement shall not be considered a waiver of any subsequent nonperformance, nor as waiver of the term, provision, covenant, obligation or condition itself. If any provision of this Agreement is found to be prohibited, invalid or unenforceable, such finding will not invalidate or render unenforceable any remaining provisions of this Agreement.

11. Arbitration. Any disputes arising in any way in connection with this Agreement or the products sold by the Seller shall be resolved by binding arbitration under the Colorado Uniform Arbitration Act (C.R.S. § 13-22-201 et seq.) (the "Act"). The parties agree that the District Court of Jefferson County, Colorado shall have jurisdiction over them for the purposes of applying the provisions of the Act. All arbitration proceedings shall take place within the greater metropolitan area of Denver, Colorado. Buyer will reimburse Seller for all attorney's fees incurred by Seller in any arbitration (for collection or otherwise) in which Seller prevails.

12. Governing Law. This Agreement and any disputes or claims arising from it shall be governed by and construed according to the laws of the State of Colorado.
8/4/2025 25-067 Rl I L1v1ng~ton Well 8A Page 6 of 7

LUPREST

A DIVISION OF WRT
Water Treatment Solutions Since 1928
loprest.com
Clean water. Clean earth. That's our promise.®
WRT is the parent company of Loprest. For more information about our services, call 303.424.5355 or visit wrtnet.com .

Corporate Offices: 901 W. 116th Ave., Suite 400 • Westminster, CO 80234 ,,

PUBLIC WORKS AGREEMENT

BETWEEN CITY OF LIVINGSTON AND
_____________________
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 LOPREST, a DIVISION of WATER REMEDIATION TECHNOLOGY, LLC, (“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 SUPPLY OF GREENSAND FILTRATION EQUIPMENT (“Project”). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. As used herein, “Bid Documents” refers to all of the documents included in the solicitation of bids for the Project to the extent applicable or appropriate (it being understood that one or more of such documents may not be applicable in the event a competitive bidding process is not utilized due to existence of emergency or exigent circumstances), including but not limited to, the Notice Inviting Bids, Summary of Work, Instructions to Bidders, Bid or Bid

Proposal, General Provisions, Special Provisions, Plans, Drawings, and Addenda, and any other documents included, referenced, or incorporated therein. The Bid Documents are incorporated into this 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.

1.1 NOT USED

1.3 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.

1.4 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.

2. NOT USED

2.1 NOT USED

2.2 NOT USED

1.5 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own

negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.6 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.

1.7 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Project Manager to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Project Manager prior to commencing the extra work thereunder.

(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000.00, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Project Manager. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (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.

1.8 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements,” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid, attached hereto as Exhibit A and incorporated herein by this 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 ONE MILLION FOUR HUNDRED EIGHT THOUSAND SIX HUNDRED SEVENTY-TWO DOLLARS AND NO CENTS ($1,408,672.00) for completion of the work.

2.2 NOT USED

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 NOT USED

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 TEN (10) 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 ($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.

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 NOT USED

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Project Manager.

The Project Manager shall be JOSE A. RAMIREZ or any other person as may be designated by the Project Manager. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City General Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for

the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense 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) NOT USED
(e) NOT USED

5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) Proof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current

certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
(r) Endorsements.

5.3 Indemnification.

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

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

5.4 Notification of Third-Party Claims.

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

5.5 Performance, Labor, and Warranty Bonds.

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

(c) A warranty bond, guaranteeing the Contractor’s warranty under Section 1.9 of this Agreement, in an amount not less than 20% of the total compensation for this Agreement, as stated in Section 2.1.

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

5.6 Sufficiency of Insurer or Surety.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

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

6.2 Reports.

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

Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

6.3 Ownership of Documents.

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

6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed

there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Termination.

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

7.3 Dispute Resolution Process.

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

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

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

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

changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. (i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s

failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute and adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted,

or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.

A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) Civil Actions for Claims of $375,000.00 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000.00 or less:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section.

The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.

If the parties fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.
(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any

party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

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

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

7.5 Rights and Remedies Are Cumulative.

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

7.6 Unfair Business Practices Claims.

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

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

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the

Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction.

9.2 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Livingston 1416 C Street, Livingston, CA 95334 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.3 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.4 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.5 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.6 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.7 Warranty & Representation of Non-Collusion.

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

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or

employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

9.8 Corporate Authority.

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

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

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

DIR Number:
*By: ________________________________
Name: _______________________________
Title: _______________________________
ATTEST:

Monica Cisneros, Deputy City Clerk
*By: _______________________________
Name:______________________________
Title: _______________________________
APPROVED AS TO FORM:

BURKE, WILLIAMS & SORENSEN, LLP
Marc Tran, 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.

EXHIBIT A
CONTRACTOR’S BID

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.