Agenda packet — Livingston City Council, August 19, 2025 (part 1 of 3)

CITY COUNCIL SPECIAL AND REGULAR

MEETING AGENDA
AUGUST 19, 2025
SPECIAL MEETING: 6:00 P.M. – 7:00 P.M
REGULAR MEETING: 7:00 P.M.

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

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

ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg Notice is hereby given that the City Council will hold a Special and Regular Meeting on August 19, 2025, at the City Council Chambers, 663 Main Street, Livingston, California. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on the day of the City Council meeting in order for them to be distributed to the Council prior to consideration of the matter.

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

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SPECIAL MEETING

1. Call to Order

2. Roll Call

3. Pledge of Allegiance.

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

5. Citizen Comments

CLOSED SESSION
A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 663 Main Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 633 Main Street, Livingston, California.

6. Conference with Labor Negotiator (Government Code Section 54957.6) Labor Negotiator: Jose Antonio Ramirez, City Manager
Employee Organizations:

OE3- Clerical Bargaining Unit
OE3 - Police Supervisory Employees Association
OE3 - Management/Confidential Bargaining Unit
OE3 - Livingston Police Officer Association
AFSCME- Public Works and Parks Unit

7. Conference with Legal Counsel – Significant Exposure to Litigation pursuant to Government Code Section 54956.9, subdivisions (d)(2) and (e)(1): Four (4) Matters.

8. Conference with Legal Counsel – Liability Claims (Pursuant to Government Code Section 54956.95) Consideration of Claim No.: FR102723 Claimant Marlene Aguilar seeks monetary compensation from the City for damages to personal property (vehicle).

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REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2025-98
Next Ordinance No.: 661
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

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

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

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.

City Manager Announcements and Reports.

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

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

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

1. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated August 12, 2025.

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2. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on March 18, 2025.

3. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on August 5, 2025.

4. Consideration of a Resolution (1) Authorizing The City Manager To File The Annual Local Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim To Be Filed With The Merced County Association Of Governments (MCAG) For Fiscal Year 2024-2025 And (2) Authorizing The Finance Department To Make Appropriation Budget Adjustments. Staff Recommendation: Approve Resolution.

5. Consideration of a Resolution Accepting Completion Of The I Street Waterline Replacement Phase 2 Project, Authorizing The City Clerk To File A Notice Of Completion With Merced County, And Authorizing The City Manager To Make Final Payment Of Retention Monies To Taylor Backhoe Service, Inc. DBA Tbs Contractors. Staff Recommendation: Approve Resolution.

6. Consideration of a Resolution (1) Accepting The Low Bid And Awarding A Contract To Taylor Backhoe Service, Inc. Dba TBS Contractors For The Total Bid Amount Of $718,193.62 For The Construction Of The Max Foster Multiuse Path – Phase 1, Federal-Aid Project No. CML-5256(020) And Max Foster Multiuse Path – Phase 2, Federal-Aid Project No. CML-5256(021), (2) Authorizing A Contingency For Contract Change Orders Up To 10% Of The Contract Amount, And (3) Authorizing The City Manager To Execute The Agreement. Staff Recommendation: Approve Resolution.

7. Consideration of a Resolution Approving (1) The Purchase Of One New/Unused 2026 Chevrolet Silverado (1500 (Ck 10543) 4wd Crewcab 147” Work Truck 5.8’ Box) From National Auto Fleet Group, In The Amount Of $53,229.70 And (2) Authorizing The City Manager To Execute All Required Documents. Staff Recommendation: Approve Resolution.

8. Consideration of a Resolution Approving The Purchase Of One New Diesel Lawn Mower (John Deere1575 Terraincut”) From Belkorp Ag, LLC In The Amount Of $50,245.25 And Authorizing The City Manager To Execute All Required Documents. Staff Recommendation: Approve Resolution.

9. Consideration Of A Resolution 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.

Staff Recommendation: Approve Resolution.

10. Consideration of a Resolution 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. Staff Recommendation: Approve Resolution.

11. Consideration of a Resolution (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)

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Authorizing the City Manager To Execute The Agreement. Staff Recommendation: Approve Resolution.

ANNOUNCEMENTS AND REPORTS
City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

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

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

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

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

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

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COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

ADJOURNMENT

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AGENDA ITEM: Warrant Register August 12, 2025
MEETING DATE: August 19, 2025
PREPARED BY: Bri Garcia, Accountant I
REVIEWED BY: Happy Bains, Finance Director
RECOMMENDATION:

Ratify the warrant register dated August 12, 2025
DISCUSSION:

Government Code sections 37208(b) and 37209 provide that accounts payable warrants or checks drawn in payment of demands certified or approved by the finance director as conforming to a budget approved by ordinance or resolution of the legislative body need not be audited by the legislative body prior to payment.

In addition, Government Code section 37208(a) provides that payroll warrants or checks need not be audited by the legislative body prior to payment. Payrolls shall be presented to the legislative body for ratification and approval at the first meeting after delivery of the payroll warrants or checks. The sum of any payroll checks issued within the week prior to the date of the check register is also noted on the accompanying check register.

The following checks have been certified to be in accordance with the City’s approved budget.

The checks have been issued, and the check register is presented to the City Council for ratification:

July 25, 2025 – August 12, 2025
GENERAL WARRANTS……………………. $ 2,472,781.42 13906 - 14066
PAYROLL/WIRE WARRANTS……….……. $ 353,703.89 3789 - 3805
ACH WARRANTS…………………………… $ 0.00
TOTAL WARRANTS………………………… $ 2,826,485.31
ATTACHMENTS:

Warrant Register (detailed by date and check number)

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Accounts Payable
User:

Printed:
[email protected]
8/12/2025 10:33 AM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
13906 395 Administrative Solution, Inc. 07/28/2025 200.00 13907 434 AFSCME District Council 57 07/28/2025 762.30
13908 393 California State Disbursement Unit 07/28/2025 2,835.42 13909 612 Livingston Peace Officers Association 07/28/2025 1,811.00 13910 437 Operating Engineers Local 3 07/28/2025 424.00 13911 438 Operating Engineers Local Union No.3 07/28/2025 630.00 13912 1284 State of California 07/28/2025 130.16
13913 564 Texas Life Insurance 07/28/2025 373.56
13914 608 Vision Service Plan- CA 07/28/2025 145.24
Total for 7/28/2025: 7,311.68
13915 395 Administrative Solution, Inc. 07/31/2025 200.00 13916 393 California State Disbursement Unit 07/31/2025 2,835.42 13917 398 Central SanJoaquin Valley Risk Management Authorit 07/31/2025 518,803.00 13918 399 Central SanJoaquin Valley Risk Management Authorit 07/31/2025 111,087.00 13919 598 Standard Insurance Company RB 07/31/2025 2,949.11 13920 1284 State of California 07/31/2025 130.16
13921 251 ABS Direct, Inc. 07/31/2025 128.70
13922 1309 Aleshire & Wynder LLP 07/31/2025 27,211.64
13923 472 Aqua-Metric Sales Company 07/31/2025 6,407.15 13924 253 AT&T 07/31/2025 243.55
13925 282 AT&T Mobility 07/31/2025 2,245.28
13926 445 Axon Enterprise, Inc. 07/31/2025 6,446.29
13927 1731 Best Choice Heating & Air, Inc. 07/31/2025 9,600.00 13928 burkewil Burke, Williams & Sorensen, LL 07/31/2025 15,438.00 13929 320 California Building Standards Commission 07/31/2025 859.50 13930 863 California Department of Tax & Fee Administration 07/31/2025 2,822.91 13931 508 City of Livingston (Petty Cash) 07/31/2025 699.67 13932 1239 Clark Pest Control of Stockton, Inc. 07/31/2025 43.00 13933 447 Conco West, Inc 07/31/2025 672,480.36
13934 1701 Consolidated Engineering, Inc. 07/31/2025 12,601.03 13935 283 CoreLogic Solutions, LLC 07/31/2025 200.00
13936 1308 CSG Consultants, Inc. 07/31/2025 19,148.75
13937 1315 Custom Threads, Inc. 07/31/2025 363.97
13938 321 Department of Conservation Division of Adm Service 07/31/2025 5,904.72 13939 293 Department of Justice Accounting Office 07/31/2025 2,304.98 13940 319 Division of The State Architect 07/31/2025 19.60 13941 260 First Communications, LLC 07/31/2025 14.40
13942 188 Frontier 07/31/2025 1,443.30
13943 511 Garland/DBS, Inc. 07/31/2025 125,475.00
13944 164 Garza Tire & Wheel, Inc 07/31/2025 360.00
13945 262 Gilton Solid Waste 07/31/2025 3,205.60
13946 356 Gouveia Engineering, Inc. 07/31/2025 109,748.15 13947 359 Hinderliter, de Llamas & Associates 07/31/2025 1,285.30 13948 728 Holt of California 07/31/2025 3,176.77
13949 388 Interstate Battery System of Fresno 07/31/2025 342.15 AP Checks by Date - Summary by Check Date (8/12/2025 10:33 AM) Page 1 (irty o,f Uving1sto1n
1416 C Stroot
Livingston, CA 95334

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Check No Vendor No Vendor Name Check Date Check Amount
13950 552 J & F AG Welding Shop 07/31/2025 996.69
13951 686 JJC Security System Solutions 07/31/2025 1,552.85 13952 471 JMP Office Technologies 07/31/2025 241.06
13953 238 Sandeep Kaur 07/31/2025 133.00
13954 360 Krazan & Associates, Inc 07/31/2025 1,240.00
13955 680 L.N. Curtis and sons 07/31/2025 1,739.24
13956 279 LAFCO of Merced County 07/31/2025 3,143.35
13957 855 LCAction Police Supply 07/31/2025 43,835.05
13958 461 LEAF 07/31/2025 748.16
13959 615 McClatchy Company LLC 07/31/2025 465.18
13960 362 Merced County Animal Control 07/31/2025 3,235.00 13961 1671 Merced County Auditor/Controller's Office 07/31/2025 4,093.00 13962 1676 Merced County Fire Department 07/31/2025 188,000.00 13963 278 Merced Irrigation District 07/31/2025 133,466.20 13964 180 Mission Linen Service 07/31/2025 615.50
13965 194 Modesto Welding Products 07/31/2025 24.00
13966 431 Monte Vista Small Animal Hospital 07/31/2025 872.15 13967 199 Northstar Chemical 07/31/2025 494.22
13968 302 Office Depot, Inc./ODP Business Solutions, LLC 07/31/2025 151.11 13969 1748 Peac Solutions 07/31/2025 171.39
13970 203 PG&E 07/31/2025 96,003.03
13971 1735 BlueTriton Brands, Inc Primo Brands 07/31/2025 1,206.12 13972 985 Process Wastewater Technologies 07/31/2025 77,682.00 13973 433 Razzari Ford 07/31/2025 215.85
13974 1663 Mike Reavill 07/31/2025 425.00
13975 265 Resourceability 07/31/2025 527.50
13976 1668 Rincon Consultants, Inc 07/31/2025 1,398.37
13977 739 Self- Help Enterprises 07/31/2025 221.73
13978 307 Shred-It, C/O Stericycle, Inc. 07/31/2025 273.31 13979 671 Natalie Sobalvarro 07/31/2025 375.00
13980 323 Springbrook Holding Company LLC 07/31/2025 2,228.00 13981 412 State of California Department of Transportation 07/31/2025 738.96 13982 440 Target Specialty Products 07/31/2025 1,740.54 13983 692 Tesco Controls, Inc. 07/31/2025 2,550.00
13984 284 Trans Union LLC 07/31/2025 159.01
13985 1552 Turbo Data System, Inc. 07/31/2025 476.44
13986 366 USABlueBook 07/31/2025 433.64
13987 1150 Valley 29 Electric, LLC 07/31/2025 1,445.00
13988 1204 Valley Sanitation & Rentals LLC 07/31/2025 478.98 13989 367 Verizon Wireless 07/31/2025 1,772.21
13990 296 Visual Edge IT, Inc 07/31/2025 1,314.26
13991 210 WGR Southwest, Inc. 07/31/2025 1,211.00
Total for 7/31/2025: 2,244,317.56
13992 1731 Best Choice Heating & Air, Inc. 08/05/2025 5,100.00 13993 193 BSK Associates 08/05/2025 3,045.60
13994 435 California Chamber of Commerce 08/05/2025 899.00 13995 1693 California Consulting, Inc 08/05/2025 4,750.00 13996 272 Charter Communications Holdings, LLC 08/05/2025 368.48 13997 484 CivicPlus, LLC 08/05/2025 4,026.75
13998 1239 Clark Pest Control of Stockton, Inc. 08/05/2025 257.00 13999 163 EZ Auto Supply 08/05/2025 80.61
14000 1752 Jonathan Fernandes 08/05/2025 40.00
14001 260 First Communications, LLC 08/05/2025 29.13
14002 188 Frontier 08/05/2025 4,429.62
14003 164 Garza Tire & Wheel, Inc 08/05/2025 950.74
AP Checks by Date - Summary by Check Date (8/12/2025 10:33 AM) Page 2

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Check No Vendor No Vendor Name Check Date Check Amount
14004 425 HdL Coren & Cone 08/05/2025 1,597.54
14005 266 Hilmar Lumber 08/05/2025 132.40
14006 267 Hoffman Security 08/05/2025 434.85
14007 501 Hunt & Sons, LLC 08/05/2025 1,137.04
14008 388 Interstate Battery System of Fresno 08/05/2025 229.80 14009 165 J L Analytical Services, Inc. 08/05/2025 34.00 14010 403 Merced County Association of Governments 08/05/2025 9,835.00 14011 269 Merced Pest Control 08/05/2025 85.00
14012 389 Mid Valley IT 08/05/2025 224.27
14013 180 Mission Linen Service 08/05/2025 1,177.26
14014 1548 Morris Yegor Mobile Vehicle Inspections 08/05/2025 250.00 14015 1749 National Training Concepts, Inc. 08/05/2025 630.00 14016 199 Northstar Chemical 08/05/2025 1,438.34
14017 302 Office Depot, Inc./ODP Business Solutions, LLC 08/05/2025 136.52 14018 1753 Ana Olivares 08/05/2025 40.00
14019 1751 Javier Partida 08/05/2025 32.50
14020 203 PG&E 08/05/2025 25,578.93
14021 514 Quadient Leasing USA, Inc. 08/05/2025 982.71
14022 433 Razzari Ford 08/05/2025 1,476.79
14023 1663 Mike Reavill 08/05/2025 425.00
14024 408 Sapien Family Trust 08/05/2025 1,000.00
14025 307 Shred-It, C/O Stericycle, Inc. 08/05/2025 274.37 14026 311 TBA Auto Parts 08/05/2025 49.25
14027 310 Totlcom, Inc. 08/05/2025 855.42
Total for 8/5/2025: 72,033.92
14028 251 ABS Direct, Inc. 08/08/2025 30,000.00
14029 1744 AC3 08/08/2025 650.00
14030 1680 Alumichem USA. Inc. 08/08/2025 6,653.33
14031 446 Belkorp Ag, LLC 08/08/2025 698.41
14032 546 Bogie's Pump Systems 08/08/2025 2,426.88
14033 193 BSK Associates 08/08/2025 2,549.00
14034 192 Cal Traffic 08/08/2025 2,942.89
14035 1693 California Consulting, Inc 08/08/2025 4,750.00 14036 909 Canon Financial Services, Inc. 08/08/2025 334.64 14037 1239 Clark Pest Control of Stockton, Inc. 08/08/2025 299.00 14038 787 Custom Weed Control Inc. 08/08/2025 400.00
14039 427 Delhi Irrigation Supply, INC 08/08/2025 560.30 14040 UB*02122 VIKRAM DEOL 08/08/2025 53.22
14041 455 Ernest Packaging Solutions 08/08/2025 1,067.06 14042 UB*02121 MARISELA A ESQUIVEL 08/08/2025 162.94
14043 163 EZ Auto Supply 08/08/2025 408.16
14044 188 Frontier 08/08/2025 1,402.21
14045 164 Garza Tire & Wheel, Inc 08/08/2025 774.18
14046 267 Hoffman Security 08/08/2025 10.00
14047 728 Holt of California 08/08/2025 2,815.41
14048 501 Hunt & Sons, LLC 08/08/2025 13,415.15
14049 388 Interstate Battery System of Fresno 08/08/2025 293.44 14050 165 J L Analytical Services, Inc. 08/08/2025 121.64 14051 786 J.B, Anderson Land Use Planning 08/08/2025 58,170.90 14052 1130 Kellogg Supply 08/08/2025 167.47
14053 1170 Martin Marietta Materials, Inc. 08/08/2025 1,422.57 14054 180 Mission Linen Service 08/08/2025 726.51
14055 635 Normac- Modesto 08/08/2025 1,561.18
14056 199 Northstar Chemical 08/08/2025 8,438.25
14057 203 PG&E 08/08/2025 28.18
AP Checks by Date - Summary by Check Date (8/12/2025 10:33 AM) Page 3

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Check No Vendor No Vendor Name Check Date Check Amount
14058 1735 BlueTriton Brands, Inc Primo Brands 08/08/2025 339.97 14059 433 Razzari Ford 08/08/2025 1,492.02
14060 208 Saenz Pest Control, Inc. 08/08/2025 129.00
14061 407 San Joaquin Valley Air Pollution Control District. 08/08/2025 475.00 14062 589 Shannon Pump Co. 08/08/2025 516.14
14063 439 Sharpening Shop 08/08/2025 209.06
14064 323 Springbrook Holding Company LLC 08/08/2025 2,238.00 14065 440 Target Specialty Products 08/08/2025 358.88
14066 296 Visual Edge IT, Inc 08/08/2025 57.27
Total for 8/8/2025: 149,118.26
Report Total (161 checks): 2,472,781.42
AP Checks by Date - Summary by Check Date (8/12/2025 10:33 AM) Page 4

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MEETING MINUTES

SPECIAL AND REGULAR MEETING

LIVINGSTON CITY COUNCIL
MARCH 18, 2025
A Special and Regular Meeting of the Livingston City Council was held on March 18, 2025, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:03 p.m.

ROLL CALL
Mayor Jose A. Moran
Mayor Pro Tem Gurpal Samra
Council Member Singh Uppal
Council Member Jason Roth
Council Member Robert Wallis

PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

CITIZEN COMMENTS
Mayor Moran opened public comments at 6:04 p.m. and closed public comments at 6:05 p.m., as there were no comments from the public, the Council went into Closed Session immediately thereafter to discuss the following matters.
1:8]
1:8]
1:8]
1:8]
1:8]

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CLOSED SESSION

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

Two (2) matters.

REGULAR MEETING
Mayor Moran called the meeting to order at 7:13 p.m.

PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited

MOMENT OF SILENCE
There was a moment of silence for First Responders and Military Members.

ROLL CALL
Mayor Jose A. Moran
Mayor Pro Tem Gurpal Samra
Council Member Singh Uppal
Council Member Jason Roth
Council Member Robert Wallis

CLOSED SESSION ANNOUNCEMENTS
No reportable action was taken. However, the city reported out on a previous closed session item. The case was in regard to Jose Ramirez vs. City of Livingston, Merced Superior Court Case No. 22CV00826.

A settlement was reached by a majority vote of the Council, which carried a vote of 4-1 in favor of a settlement. The Settlement terms are as follows:
• A payment of $350,000 to the plaintiff’s attorney’s fees. • A three-year employment contract with a base salary of $190,000 and a nine-month severance. • Dismissal of all pending litigations in case number 22CV00826. • A copy of the settlement agreement and employment agreement is available upon request.

CHANGES TO THE AGENDA
Council Member Uppal requested that item 13 to be moved after the consent agenda.

OATHS OF OFFICE

1. Deputy City Clerk will administer the Oath of Office to Appointed City Manager Jose A.

Ramirez.

The Deputy City Clerk administered the oath of office to City Manager Ramirez.

Mayor Moran called for a break at 7:20 p.m.

Mayor Moran reconvened the meeting at 7:32 p.m. [8J [8J [8J [8J [8J

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CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7:32 p.m.

Citizen Comments:

Julio Valadez
Mayor Moran closed Citizen Comments at 7:37 p.m. as there were no further comments from the public.

ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.
• County Supervisor Jim Pacheco gave a report.

City Staff Announcements and Reports.
• No Reports.

City Manager Announcements and Reports.
• City Manager Jose A. Ramirez.

City Council Members’ Announcements and Reports.
• Council Member Jason Roth.
• Council Member Japjeet Uppal
• Mayor Pro-Tem Gurpal Samra
Mayor’s Announcements and Reports.
• Mayor Jose Moran.

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

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

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• Merced Integrated Regional Water Management Plan (MIRWMA) – Japjeet Uppal, Representative and Robert Wallis, Alternate Representative. • Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

CONSENT AGENDA

4. Consideration of Resolution (1) Approving an Agreement with Garland/DBS, Inc. for Comprehensive Roofing Materials and Support Services for the Walnut CDC Roofing Project in the Amount Not to Exceed $415,825, and (2) Authorizing the Finance Director/Assistant City Manager to execute all required documents. Staff Recommendation: Approve Resolution.

Mayor Moran opened public comments at 7:53 p.m.

Citizen Comments
Attendee (did not state name).

Mayor Moran closed public comments at 7:54 p.m., as there were no further comments from the public.

Mayor Moran asked for information regarding the exclusion of prevailing wages.

City Manager Jose Ramirez noted that he contacted the contractor to inform them that they will need to pay prevailing wages for this project. The contractor was in agreement.

Motion: M/S Uppal/Samra to approve the consent agenda and for item 4, direct the City Manager to execute the agreement with the specific edits as discussed and have the attorney review. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Roth, Samra, Wallis, Uppal, Moran NOES: Council Members: None
ABSENT: Council Members: None

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2. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated February 28, 2025.

3. Consideration of a Resolution Approving the Purchase of a Recognition Plaque to Honor Aurora and Guadalupe Garcia to be Placed at Memorial Park and Authorizing the Finance Department to Make a Supplemental Appropriation in the Amount Not to Exceed $1,430.00 to the General Fund. Staff Recommendation: Approve Resolution.

5. Consideration of a Resolution Accepting Completion for the East Avenue Pump Station Project, Authoring the Deputy City Clerk to File a Notice of Completion with Merced County; and Authorizing the City Manager to Direct the Assistant City Manager/Finance Director to Make Final Payment of Retention Monies in the Amount of $8,196.60 to be TBS Contractors. Staff Recommendation: Approve Resolution.

6. Consideration of a Resolution Accepting the lowest responsive bid and Awarding a Contract to Consolidated Engineering, Inc. for the Main Street and 4th Street Rehabilitation Project; and Authorizing the City Manager to Execute the Agreement in a form approved by the City Attorney. Staff Recommendation: Approve Resolution

7. Consideration of a Resolution Authorizing the City Manager to Enter Into a Monthly Maintenance Contract in the Amount of $1,935.00 with Telepath for Police Radio Maintenance Services. Staff Recommendation: Approve Resolution.

8. Consideration of a Resolution Authorizing the Reclassification of the Administrative Services Manager to the Police Support Operations Manager, Amending the Salary Schedule to Approve the Revised Salary Range for the Position, and Other Actions Necessary to Effectuate the Change. Staff Recommendation: Approve Resolution.

9. Consideration of a Resolution to Receive and Accept the Housing Element Annual Progress Report for Calendar Year 2024 and Direct Staff to Submit the Report to the California Department of Housing and Community Development and the Governor’s Office of Planning and Research. Staff Recommendation: Approve Resolution.

10. Consideration of a Resolution Approving the Designation of City Officials as Authorized Agents for Application by Non-State Agencies for Assistance in the Event of an Emergency as follows:

City Manager and in his absence Finance Director/Assistant City Manager and the Police Chief.

Staff Recommendation: Approve Resolution.

Motion: M/S Roth/Samra to approve consent agenda items 2,3,5,6,7,8,9, and 10. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Roth, Samra, Wallis, Uppal, Moran NOES: Council Members: None
ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

13. Consideration of a Resolution Reappointing Jessica Betschart to the Parks, Recreation and Arts Commission. Staff Recommendation: Approve Resolution.

Recreation Superintendent Jacquie Benoit introduced this item.

Page 16 of 280 ends

Mayor Moran opened public comments at 7:58 p.m.

Public comments:

Jessica Betschart
Mayor Moran closed public comments at 7:59 p.m., as there were no further comments from the public.

Motion: M/S Roth/Moran to approve Resolution No. 2025-25, Reappointing Jessica Betschart to the Parks, Recreation and Arts Commission. Staff Recommendation. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Roth, Samra, Wallis, Uppal, Moran NOES: Council Members: None
ABSENT: Council Members: None

PUBLIC HEARING

11. Consideration of a Resolution to Approve General Plan Amendment No. 2023-01, Amending the General Plan Land Use Diagram of the City of Livingston from PF, Public Facility to HC, Highway Commercial to Accommodate Phase Two of the Moonglo Development Project on Property Generally Located on the South Side of Campbell Avenue and East of Hammatt Avenue at 2300 Campbell Avenue and Introduce; and Waive the First Reading of Ordinance Amending the Official Zoning Map of the City of Livingston Designation for the Subject Site from Public/Quasi Public Facilities (PF) to Highway Service Commercial (C-3). (Site was Previously Identified as APN No. 023-070-012 and Currently Part of APN 023-070-015 and 023-070-016).

Contract City Planner introduced this item and responded to council questions.

City Engineer Mario Gouveia and the applicant responded to Council questions.

Mayor Moran opened the public hearing at 8:16pm and closed it at 8:17 p.m., as there were no comments from the public.

Motion: M/S Uppal/Samra to approve Resolution No. 2025-26, Approving the General Plan Amendment No. 2023-01, Amending the General Plan Land Use Diagram of the City of Livingston from PF, Public Facility to HC, Highway Commercial to Accommodate Phase Two of the Moonglo Development Project on Property Generally Located on the South Side of Campbell Avenue and East of Hammatt Avenue at 2300 Campbell Avenue and Introduce; and Waive the First Reading of Ordinance Amending the Official Zoning Map of the City of Livingston Designation for the Subject Site from Public/Quasi Public Facilities (PF) to Highway Service Commercial (C-3). (Site was Previously Identified as APN No. 023-070-012 and Currently Part of APN 023-070-015 and 023-070-016). The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Roth, Samra, Wallis, Uppal, Moran NOES: Council Members: None
ABSENT: Council Members: None

12. Consideration of a Resolution to Approve a Sixteen-Month Extension for Conditional Use Permit No. 2019-03 and Site Plan and Design Review Application 2019-04 – The Villages at Main Residential Apartment Community on Property Generally Located on The East Side of Main Street,

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South of Peach Avenue (APN No.: 047-280-020 and 047-280-029). Staff Recommendation:

Approve Resolution.

Contract City Planner Miguel Galvez introduced this item and responded to council questions.

The Applicant and City Engineer Mario Gouveia responded to council questions.

Mayor Moran opened Public Hearing at 8:53 p.m.

Public Hearing:

Blaine Yagi
Attendee (did not state name)
Diego Castillo
Mayor Moran closed Public Hearing at 9:06 p.m., as there were no further comments from the public.
.

Motion: M/S Wallis to not approve the recommendation. Motion dies due to a lack of a second.

Motion: M/S Uppal/Samra to approve the extension for 12 months. The motion carried 4-1-0 by the following roll call vote:

AYES: Council Members: Roth, Samra, Uppal, and Moran
NOES: Council Members: Wallis
ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

14. Discussion and Direction regarding the City of Livingston City Council’s Options for Filling the Vacant Elected City Clerk Position.

Deputy City Clerk Monica Cisneros introduced this item and responded to Council questions.

City Attorney Roy Santos added that the term for the City Clerk would be two (2) years.

Mayor Moran opened public comments at 9:29 p.m.

Citizen Comments:

Julio Valadez
Mayor Moran closed at 9:33 p.m., as there were no further comments from the public.

Motion: M/S Uppal/Moran to open the applications process until the April 1st meeting, and such appointment will be conditional on verification of the municipal requirements. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Roth, Samra, Wallis, Uppal, Moran NOES: Council Members: None
ABSENT: Council Members: None

15. Discussion and Direction Regarding the Formation of Measure L Oversight Committee and Setting Priorities for Measure L Funding.

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City Manager Jose A. Ramirez introduced this item.

The council discussed the following:
• Form of committee – Standing Committee
• Scope of committee.
• Liaison for the Committee.
• The number of members.
• Consideration of stakeholders to be part of the committee. • Application template.

Mayor Moran opened and closed public comments at 9:50 p.m. and closed at 9:50 p.m. as there were no comments from the public.

16. Discussion and Direction Regarding the Formation of a City of Livingston Traffic Commission.

City Manager Ramirez introduced this item. He noted that they would like to reestablish the committee.

Mayor Moran opened public comments at 9:53 p.m. and closed public comments at 9:54 p.m. as there were no comments from the public.

Mayor Moran recommended that staff reach out to previous volunteers on the committee to see if they are interested in being part of the committee.

City Attorney Roy Santos suggested that the council reappoint the committee members.

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS:

None.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 9:56 p.m. __________________________________
City Clerk of the City of Livingston
APPROVED:
_____________________________
Mayor or Mayor Pro Tempore

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The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.

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MEETING MINUTES

REGULAR MEETING

LIVINGSTON CITY COUNCIL
AUGUST 5, 2025
A Regular Meeting of the Livingston City Council was held on August 5, 2025, in the City Council Chambers with Mayor Moran presiding.

REGULAR MEETING
Mayor Moran called the meeting to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited.

ROLL CALL
Mayor Jose A. Moran
Mayor Pro Tem Gurpal Samra
Council Member Uppal Singh
Council Member Jason Roth
Council Member Robert S. Wallis

CHANGES TO THE AGENDA
Council Member Uppal requested that Item 17 be pulled for further discussion.

AWARDS, PRESENTATIONS, PROCLAMATIONS

1. Presentation by Dahlin Group: Rec-Plex.

City Manager Ramirez gave a brief background regarding the grant that was awarded to the City for this project.

Gregor Markel from Dahlin Architecture Group gave information on the project’s funds, timeline, and design and responded to council questions.

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Mayor Moran opened public comments at 7:27 p.m.

Public Comments:

Gabriel Salazar (via teleconference)
Joan Okuye
Mayor Moran closed public comments at 7:39 p.m., as there were no further comments from the public.

CITIZEN COMMENTS
Mayor Moran opened Citizen Comments at 7:40 p.m.

Citizen Comments:

Karthik Prasad (from Adam Gray’s Office)
Mayor Moran closed public comments at 8:44 p.m. as there were no further comments from the public.

ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.
• County Supervisor Jim Pacheco gave a report.

City Staff Announcements and Reports.
• Public Works Director Anthony Chavarria.

Blaine Yagi wanted an update on Well 8a status.

City Manager Announcements and Reports.
• City Manager Jose Ramirez
Mayor Moran opened and closed public comments at 8:00 p.m.

CONSENT AGENDA

2. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated July 24, 2025.

3. City Treasurer’s Investment Report for the Month Ending June 30, 2025.

4. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on April 1, 2025.

5. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on April 8, 2025.

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6. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on April 9, 2025.

7. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on April 15, 2025.

8. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on May 6, 2025.

9. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on May 12, 2025.

10. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on May 20, 2025.

11. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on June 3, 2025.

12. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on June 17, 2025.

13. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on July 1, 2025.

14. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on July 10, 2025.

15. APPROVE MINUTES OF MEETING
Approval of Minutes of Meeting Held on July 15, 2025.

16. Consideration of a Resolution Approving A Professional Services Agreement With Lance, Soll & Lunghard (LSL), LLP For Consulting Services For Fiscal Year 2024-2025 Through Fiscal Year 2028-2029 For A Not To Exceed Amount Of $330,000 And To Approve A Supplemental Appropriation For Fiscal Year 2025-2026 In The Amount Of $88,000. Staff Recommendation:

Approve Resolution.

17. Consideration of a Resolution Protecting And Promoting The Health And Welfare Of Its Residents By Maintaining A Fully Operational And Effective Fire Department. Staff Recommendation: Approve Resolution.

18. Consideration of a Resolution to Approve The Fee Waiver For Memorial Park, Stage And Kitchen Use For Pacific Coast Khalsa Diwan Society On August 31, 2025.

Staff Recommendation: Approve Resolution.

19. Consideration of a Resolution to Approve The Fee Waiver For Memorial Park And Kitchen Use For The Livingston High School All Class Reunion On September 27, 2025. Staff Recommendation: Approve Resolution.

20. Consideration of a Resolution to Approving Or Providing Direction For Fee Waiver For Alvernaz Field And Memorial Park Use For The Livingston Wolves Youth Football Program, September 1, 2025, Through November 30, 2025. Staff Recommendation: Approve Resolution.

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21. Consideration of a Resolution 1) Establishing A Five-Member Measure L Citizens’ Oversight Committee; And 2) Adopting The Oversight Committee Roles And Responsibilities. Staff Recommendation: Approve Resolution.

22. Consideration of a (1) Approving A One-Year Professional Service Agreement With WGR Southwest, Inc. For Fiscal Year 2025/2026 To Assist The City Of Livingston With Its Storm Water Compliance Program And Plan Review Services In The Amount Not To Exceed $56,825.00 And (2) Authorizing The City Manager To Execute All Required Documents. Staff Recommendation: Approve Resolution.

23. Consideration of a Resolution 1.) Accepting The Bid And Awarding A Contract To Jim Brisco Enterprises, Inc. For The Total Bid Amount Of $38,400 For The WWTP Sludge Removal And Disposal Project, 2.) Authorizing The City Manager To Utilize A Contingency For Contract Change Orders Up To 10% Of The Contract Amount, 3.) Authorizing The Finance Department To Make A Supplemental Appropriation In The Amount Not To Exceed $17,240.00 To The Wastewater Enterprise Fund, And 4.) Authorizing The City Manager To Execute The Agreement.

Staff Recommendation: Approve Resolution.

24. Consideration Of A Resolution Authorizing The City Manager To Approve An Amended Service Agreement With GovInvest For Labor Costing Software. Staff Recommendation:

Approve Resolution.

25. Approving The Second Amendment To A Professional Services With Rincon Consultants, Inc. To Increase The Budget And Scope Of Work To Respond To Additional Housing Element Review Comments From The California State Department Of Housing And Community Development On The City’s Draft Sixth Cycle Housing Lement. Staff Recommendation: Approve Resolution.

Motion: M/S Samra/Roth to approve the Consent Agenda. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Roth, Samra, Wallis, Uppal, Moran NOES: Council Members: None
ABSENT: Council Members: None

Council Member Uppal presented this item.

City Manager Jose Ramirez provided additional information regarding the fire station.

Mayor Moran opened and closed public comments at 8:17 p.m., as there were no comments from the public.

Council Member Wallis expressed concern about some language on the resolution.

Council Member Uppal noted that he would be willing to add the following language to the resolution: “Whereas, the city will continue to perform all necessary functions.”

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Council Member Wallis agreed with the additional wording suggested by Council Member Uppal.

City Attorney Marc Tran confirmed the following language, which would be added to the resolution as a fifth recital: “Whereas, the city will continue to perform all other city functions.” Motion: M/S Uppal/Roth to approve Resolution as amended. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Roth, Samra, Wallis, Moran, and Uppal NOES: Council Members: None
ABSENT: Council Members: None

PUBLIC HEARING

26. Consideration of a Resolution Selecting A Preferred Land Use Alternative For Use In The Updated Of City Of Livingston 2040 General Plan And General Plan Land Use Diagram. Staff Recommendation: Open and Close Public Hearing and Approve Resolution.

Contract City Planner Miguel Galvez presented this item.

Michael Gibbons gave a PowerPoint presentation on the overview of the General Plan and Land Use Alternatives.

Mayor Moran opened public hearing at 8:59 p.m.

Public Hearing:

Dalia (did not state last name) from California Health Collaborative Joan Okuye
Brienne Vandenberg, Executive Director, Merced County Farm Bureau Steve Mohler
Mayor Moran closed public hearing at 9:11 p.m., as there were no further comments from the public.

Mayor Moran re-opened public hearing at 9:32 p.m.

Public Hearing:

Dick Templeton
Attendee (did not state name)
Mayor Moran closed the public hearing at 9:34 p.m., as there were no further comments from the public.

Council Member Uppal suggested the following:
• Staff will work with stakeholders and consultants, depending on the scope of work, to create a hybridized model that reflects the input received at the meeting and takes into consideration sustainability efforts in the region for water and farmland.
• Analyzing water sustainability in the region and taking a look at hard measurables on the impact of the model council goes with.

Page 25 of 280 ends

• Incorporate the seven recommendations from the planning department. • Amending the current map.

City Attorney Marc Tran added that there was interest from the council to continue agenda item 26 to October 7, 2025, regular city council meeting.

John Anderson asked for clarity on the sustainability issue. He asked if they are looking for a generalized description of water availability to Livingston and the surrounding area, or if they want specific service-related issues in infrastructure.

Council Member Uppal noted that he is requesting that they focus on what water sustainability looks like in the region. What is the best estimate of a measurable that they can get on the amount of water that they will draft out of the subbasin and the impact that it will have over time.

Motion: M/S Uppal/Samra to direct staff to work with relevant stakeholders to create a hybridized land use alternative between alternatives two and three (of the staff report) that is reflective of the input received and assess water sustainability efforts in the region and the impact that their land use alternatives will have on those efforts moving forward. Continue the public hearing to October 7, 2025, and direct staff to incorporate the seven recommendations from the planning department into the newly formed land use alternatives. The motion carried 5-0-0 by the following roll call vote:

AYES: Council Members: Roth, Samra, Wallis, Moran, and Uppal NOES: Council Members: None
ABSENT: Council Members: None

ANNOUNCEMENTS AND REPORTS
City Council Members’ Announcements and Reports.
• Council Member Wallis
• Council Member Roth
• Council Member Uppal
Mayor’s Announcements and Reports.
• Mayor Jose Moran
Robert Wallis
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Robert Wallis, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
• Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

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

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COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
Council Member Uppal would like to direct staff to work on projecting a cost for a full-time position for planning and engineering.

CLOSED SESSION

27. Conference with Labor Negotiator (Government Code Section 54957.6) Labor Negotiator: Jose Antonio Ramirez, City Manager
Employee Organizations:

28. Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9: John Markle v. City of Livingston, et al., Case No. 23CV-01647.

29. Conference with Legal Counsel – Liability Claims (Pursuant to Government Code Section 54956.95) Consideration of Claim No.: FR102723 Claimant Marlene Aguilar seeks monetary compensation from the City for damages to personal property (vehicle).

30. Conference with Real Property Negotiator
(Government Code Section 54956.8)
Real Property: APN: 024-145-017

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Negotiating Parties for City: City Manager
Under Negotiation: Potential Sale of Property
Council went into closed session at 10:26 p.m.

Council Member Samra left the closed session meeting at 11:16 p.m.

Council Member Roth left the closed session meeting at 1:12 a.m.

CLOSED SESSION ANNOUNCEMENT
Discussion occurred, direction was given, and no reportable action was taken.

ADJOURNMENT
The meeting was adjourned by consensus at approximately 1:28 a.m. ____________________________________
City Clerk of the City of Livingston
APPROVED:
___________________________
Mayor or Mayor Pro Tempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available, upon request, and may be obtained at Livingston City Hall.

Page 28 of 280 ends

STAFF REPORT
AGENDA ITEM: Resolution (1) Authorizing the City Manager to File the Annual Local Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim to be filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2024-2025 and (2) Authorizing the Finance Department to make appropriation budget adjustments.

MEETING DATE: August 19, 2025
PREPARED BY: Mario Gouveia, City Engineer

REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends the City Council adopt a resolution (1) authorizing the City Manager to file the annual Local Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim with the Merced County Association of Governments (MCAG) for Fiscal Year 2024-2025 and (2) authorizing the Finance Department to make appropriation budget adjustments.

BACKGROUND:

The California Department of Transportation (Caltrans) annually releases an Estimate RSTP Exchange apportionment figure to California Metropolitan Planning Organization (MPOs).

The Merced County Association of Governments (MCAG) is the designed MPO for Merced County.

Each year, MCAG submits the necessary paperwork to Caltrans to exchange RSTP funds allocated to Merced County. The City of Livingston has ESTIMATED RSTP funds apportionment amount available to claim in the amount of $207,213 for the Fiscal Year 2024/2025.

The City is required to submit a signed RSTP Exchange Program Claim Form and a City Council-approved RSTP Exchange Program Resolution in order to claim the RSTP funds.

Payment of the estimate RSTP Exchange fund claim will be subject to all conditions specified in the fully executed standard contract agreement between MCAG and Caltrans, as well as the MCAG RSTP Exchange Claim form requirements. Projects funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highways Code.

If the final RSTP Exchange apportionment figure is higher for FY 24/25 than the estimate RSTP Exchange apportionment figure, Caltrans is required to revise the RSTP Exchange standard agreement to account for the higher RSTP figure before MCAG could instruct the Merced County Auditor Controller’s Officer to distribute a greater amount of RSTP Exchange Program funds to member agencies.

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If the final RSTP Exchange apportionment figure is lower for FY 24/25 than the estimate RSTP Exchange apportionment amount, Caltrans is not required to revise the RSTP Exchange contract with the lower amount before MCAG could recalculate the available RSTP Exchange Program funds using the same population-based formula and then instruct the Merced County Auditor Controller’s Officer to distribute the lower FY 24/25 final RSTP Exchange Program fund amount to member agencies.

DISCUSSION:

The City shall submit a claim form and authorized resolution to MCAG in order to claim the funds for Fiscal Year 2024-2025.

The City plans to use the funds for the North Main Street Pavement Rehabilitation Project. The proposed work for this project includes pulverizing and repaving Main Street from D Street to I Street, equating to approximately 1,850 linear feet.

FISCAL IMPACT:

Submittal of the RSTP Claim ensures compliance with MCAG guidelines to be eligible for RSTP funds. RSTP funds are included in the fiscal year 2025-2026 revenue projections.

ATTACHMENTS:

1. Resolution

2. Claim Form

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RESOLUTION NO. 2025-
A RESOLUTION (1) AUTHORIZING THE CITY MANAGER TO FILE THE

ANNUAL LOCAL REGIONAL SURFACE TRANSPORTATION PROGRAM
(RSTP) EXCHANGE PROGRAM FUND CLAIM TO BE FILED WITH THE

MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) FOR
FISCAL YEAR 2024-2025 AND (2) AUTHORIZING THE FINANCE

DEPARTMENT TO MAKE APPROPRIATION BUDGET ADJUSTMENTS
WHEREAS, the Merced County Association of Governments (MCAG) and the California Department of Transportation (Caltrans) have entered into a Standard Agreement contract to exchange unobligated balances of federal Regional Surface Transportation Program (RSTP) funds with non-federal State Highway Account funds; and WHEREAS, Caltrans Division of Programming releases a 5-year ESTIMATE of RSTP Exchange Program apportionments for inclusion in the Federal Transportation Improvement Program (FTIP) Programming document every 2-years to California Metropolitan Planning Organizations (MPOs); and
WHEREAS, MCAG is the designated MPO for Merced County; and WHEREAS, the Annual RSTP Exchange Program fund apportionment is an estimate and subject to change during the fiscal year (FY) due to many Federal Surface Transportation Bill variables including the annual appropriations act as well as other Congressional action (i.e. rescissions); and
WHEREAS, a FINAL RSTP Exchange apportionment amount is published at the end of the FY 24/25 and can be different than the ESTIMATE RSTP Exchange apportionment figure; and

WHEREAS, annually, Caltrans sends MCAG a standard agreement that includes an RSTP Exchange Program apportionment figure; and
WHEREAS, MCAG applies a RSTP population-based distribution formula using current Department of Finance (DOF) population estimates (May 2024) to the RSTP apportionment to determine the amount of RSTP Exchange funds to be distribution to MCAG member jurisdictions; and
WHEREAS, the City of Livingston has an ESTIMATE RSTP Exchange Program fund apportionment amount for FY 24/25 is $207,213.00; and

WHEREAS, payment of the ESTIMATE RSTP Exchange fund claim will be subject to all conditions specified in the fully executed standard contract agreement between MCAG and Caltrans, as well as the MCAG RSTP Exchange Claim form requirements: Projects to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highways Code; and
WHEREAS, if the final RSTP Exchange apportionment figure is higher for FY 24/25 than the estimate RSTP Exchange apportionment figure, Caltrans is required to revise the RSTP Exchange standard agreement to account for the higher RSTP figure before MCAG could instruct the Merced County Auditor Controller’s Officer to distribute a greater amount of RSTP Exchange Program funds to member agencies; and

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WHEREAS, if the final RSTP Exchange apportionment figure is lower for FY 24/25 than the estimate RSTP Exchange apportionment amount, Caltrans is not required to revise the RSTP Exchange contract with the lower amount before MCAG could recalculate the available RSTP Exchange Program funds using the same population-based formula and then instruct the Merced County Auditor Controller’s Officer to distribute the lower FY 24/25 final RSTP Exchange Program fund amount to member agencies; and
WHEREAS, the City of Livingston has established special gas tax street improvement fund as a requirement to receive the RSTP Exchange Program funds; and WHEREAS, it is deemed in the best interest of the City of Livingston that the City Manager is authorized to sign the FY 24/25 RSTP Exchange Program fund claim form and to submit said claim form to MCAG for processing.

NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF LIVINGSTON HEREBY:

Section 1. Authorize and direct the City Manager to sign and file the FY 24/25 RSTP Exchange Program fund claim on behalf of the City of Livingston in the amount of $207,213.00.

Section 2. Authorize the Finance Department to make appropriation budget adjustments.

Section 3. The 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

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Claim to the Merced County Association of Governments
for Regional Surface Transportation Program (RSTP) Funds in Exchange for State Highway Account Funds FY 2024/2025
Project Cost of
Project
Air
Quality
Exempt

1. North Main Street Pavement Rehabilitation: The proposed work for this project includes pulverizing and repaving Main Street from D Street to I street, equating to approximately 1,850 linear feet. $ 597,566.75  

2. $  

3. $  

4. $  
FY 24/25 Claim Amount: $207,213.00
Claimant: City of Livingston
Claim Guidelines:

Projects outlined in the table below to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highways Code.

Claim Instructions:

1. List (print or type) each INDIVIDUAL project to be funded with this claim.

2. List the amount of funds to be used for each project.

3. If the project is not a capacity expanding project and is exempt from air quality conformity analysis check the “Exempt” box. ()

4. If the project is a capacity expanding project and the air quality conformity analysis has been completed for the project as required check the “Air Quality” box. ()

MERCED COUNTY

ASSOCIATION OF

GOVERNMENTS

Page 33 of 280 ends

It is understood by this claimant (City of Livingston) that payment of this claim is subject to approval by the MCAG Governing Board and must be in accordance with the MCAG and Caltrans Agreement. Said monies (and the interest earned on such monies subsequent to allocation) will be used only for those purposes for which the claim is approved.

The undersigned claimant, by accepting these funds agrees to establish a special account for the purpose of depositing funds received from MCAG pursuant to this agreement:
a. For cities, within their Special Gas Tax Street Improvement Fund; or b. For the county, within their County Road Fund
The undersigned claimant, by accepting these funds, agrees to grant the State of California auditors access to their books and records for the purpose of verifying that funds paid hereunder are properly accounted for and proceeds are expended in accordance with the terms of this agreement. All documents will be available for inspection by authorized Caltrans agents at any time during the project development and for a four-year period from the date of completion of the project, or one year after the audit is completed or waived by Caltrans, whichever is later.

If the undersigned claimant fails to use funds received hereunder in accordance with the terms of the agreement, the claimant agrees to return the exchange funds to MCAG for credit to the special account described above.

Further, the Chief Financial Officer of the claimant certifies that the financial information contained herein is reasonable and accurate to the best of his/her knowledge.

Authorized Representative:

Signature

Print Name
Title
Date
Signature of Chief Financial Officer
Print Name

Page 34 of 280 ends

STAFF REPORT
AGENDA ITEM: Adopt a Resolution Accepting Completion of the I Street Waterline Replacement Phase 2 Project, Authorizing the City Clerk to file a Notice of Completion with Merced County, and Authorizing the City Manager to make Final Payment of Retention Monies to Taylor Backhoe Service, Inc. dba TBS Contractors
MEETING DATE: August 19, 2025
PREPARED BY: Mario Gouveia, City Engineer
REVIEWED BY: José A. Ramírez, City Manager
Anthony Chavarria, Public Works Director
RECOMMENDATION:

Staff recommends Council adopt a Resolution accepting completion of the I Street Waterline Replacement Phase 2 Project, Authorizing the City Clerk to file a Notice of Completion with Merced County, and Authorizing the City Manager to Make Final Payment of Retention Monies to Taylor Backhoe Service, Inc. dba TBS Contractors.

BACKGROUND AND DISCUSSION:

The City of Livingston identified a waterline in need of replacement on I Street between the alley east of 1st Street and the alley to the east of 2nd Street (approx. 335 LF).

Following a public bidding process, on May 20, 2025, Council awarded a contract to Taylor Backhoe Service, Inc. dba TBS Contractors in the amount of ninety-eight thousand two hundred sixty dollars and sixty cents ($98,260.60), authorized the City Manager to utilize a contingency budget up to ten percent (10%) of the contract amount ($9,826.06), and entered into an Agreement on May 23, 2025.

The project’s construction phase started June 23, 2025, and the major work consisted of furnishing and installing approximately 335 linear feet of 6” waterline, 2 water valves, 1 fire hydrant transfer, and completing surface restoration on I Street in the City of Livingston.

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

Therefore, the work should be accepted as complete, and a Notice of Completion filed with Merced County. If no claims are filed within 35 days after recordation, the retention in the amount of five thousand one hundred thirty-eight dollars and sixty-five cents ($5,138.65) should be paid to Taylor Backhoe Service, Inc. dba TBS Contractors.

FISCAL IMPACT:

Funding for this project was encumbered in fiscal year 2024/2025 and will be expended from the Water Capital Fund 2104-830-7550.

Page 35 of 280 ends

ATTACHMENTS:

1. Resolution 2025-

2. Notice of Completion

Page 36 of 280 ends

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ACCEPTING COMPLETION OF THE I STREET WATERLINE REPLACEMENT PHASE 2 PROJECT,

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

COUNTY, AND AUTHORIZING THE CITY MANAGER TO MAKE FINAL PAYMENT OF RETENTION MONIES TO TAYLOR BACKHOE SERVICE, INC. dba TBS CONTRACTORS WHEREAS, the City of Livingston has identified a waterline in need of replacement on I Street between the alley east of 1st Street and the alley to the east of 2nd Street; and WHEREAS, on May 20, 2025, Council awarded a contract to Taylor Backhoe Service, Inc. dba TBS Contractors in the amount of ninety-eight thousand two hundred sixty dollars and sixty cents ($98,260.60) and authorized the City Manager to utilize a contingency budget up to ten percent (10%) of the contract amount; and
WHEREAS, the City of Livingston entered into an Agreement on May 23, 2025 with Taylor Backhoe Service, Inc. dba TBS Contractors; and
WHEREAS, the project’s construction phase started June 23, 2025; and WHEREAS, Taylor Backhoe Service, Inc. dba TBS Contractors completed all the work and the Public Works Department and City Engineer have completed a final inspection of the Project and recommend the final acceptance; and
WHEREAS, the City issued one Change Order for a time extension to the contract working days at no additional cost, and the Balancing Change Order in the amount of four thousand five hundred twelve dollars and forty-five cents ($4,512.45) to adjust the final contract price based on Final Quantities; and
WHEREAS, the final construction contract cost inclusive of all authorized work was one hundred two thousand seven hundred seventy-three dollars and five cents ($102,773.05); and WHEREAS, upon approval of the final acceptance of the Project by the City Council, the City Clerk will file a Notice of Completion with Merced County; and WHEREAS, the City Manager will release retention monies in the amount of five thousand one hundred thirty-eight dollars and sixty-five cents ($5,138.65) due to Taylor Backhoe Service, Inc. dba TBS Contractors thirty-five (35) days after the recording date; and WHEREAS, funding for this work was encumbered in fiscal year 2024/2025 and will be expended from the Water Capital Fund 2104-830-7550.

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

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

2. Adopts Resolution 2025- accepting the I Street Waterline Replacement Phase 2 Project as complete.

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

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

5. This Resolution will become effective immediately.
---

Page 37 of 280 ends

I hereby certify that the foregoing Resolution No. 2025- is a full, true and correct copy of a resolution duly passed and adopted by City Council of the City of Livingston at a regular meeting thereof duly held on 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
---

Page 38 of 280 ends

RECORDING REQUESTED BY:

City Clerk
City of Livingston
WHEN RECORDED RETURN TO:

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

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

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

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

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

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

4. That on the 30th day of July, 2025 a work of improvement on the real property hereinafter described was completed.

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

Taylor Backhoe Service, Inc. dba TBS Contractors
(If no contractor for work of improvement as a whole, insert “No Contractor”)

6. That the real property herein referred to is situated in the City of Livingston, County of Merced, State of California, and is described as follows:

The major work consisted of furnishing and installing approximately 335 linear feet of 6” waterline, 2 water valves, 1 fire hydrant transfer, and completing surface restoration on I Street in the City of Livingston.

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

August 19, 2025 By:

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

VERIFICATION
I understand, state:

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

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

Executed at Livingston, California City of Livingston
This 19th day of August, 2025. Owner
By:

José A. Ramírez, City Manager
City of Livingston

Page 39 of 280 ends

STAFF REPORT
AGENDA ITEM: Resolution of the City Council of the City of Livingston (1) Accepting the Low Bid and Awarding a Contract to Taylor Backhoe Service, Inc. dba TBS Contractors for the Total Bid Amount of $718,193.62 for the Construction of the Max Foster Multiuse Path – Phase 1, FederalAid Project No. CML-5256(020) and Max Foster Multiuse Path – Phase 2, Federal-Aid Project No. CML-5256(021), (2) Authorizing a Contingency for Contract Change Orders up to 10% of the Contract Amount, and (3) Authorizing the City Manager to Execute the Agreement.

MEETING DATE: August 19, 2025
PREPARED BY: Mario B. Gouveia, City Engineer
REVIEWED BY: José A. Ramírez, City Manager
Anthony Chavarria, Public Works Director
RECOMMENDATION:

Staff recommends Council adopt Resolution No. 2025- , (1) accepting the low bid and awarding a contract to Taylor Backhoe Service, Inc. dba TBS Contractors for the total bid amount of $718,193.62 for the construction of the Max Foster Multiuse Path – Phase 1, FederalAid Project No. CML-5256(020) and Max Foster Multiuse Path – Phase 2, Federal-Aid Project No. CML-5256(021), (2) authorizing a contingency for contract change orders up to 10% of the contract amount, and (3) authorizing the City Manager to execute the agreement.

BACKGROUND:

The City of Livingston has made the improvement of the Max Foster Sports Complex area a high priority. The City of Livingston applied for and was awarded two Congestion Mitigation and Air Quality (CMAQ) Grants from Merced County Association of Governments (MCAG) to construct the Max Foster Multiuse Path – Phase 1 and Max Foster Multiuse Path – Phase 2 projects. The City strives to provide safe conditions for all sidewalk users, and these projects will close a portion of the existing gap in the City’s sidewalk system.

The major work consists of constructing a concrete multiuse path along Dwight Way and Walnut Avenue in the City of Livingston. The work also includes curb and gutter, an AC pavement conform section, driveways, curb cut ramps, landscaping, and landscape irrigation.

DISCUSSION:

Following a public bidding process, the project was advertised in the Merced Sun Star on July 2, 2025, July 9, 2025, and July 16, 2025. The City received a total of two (2) bids that were opened 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 bids were reviewed by the City Engineer, and the lowest responsible and responsive bid was submitted by Taylor Backhoe Service, Inc. dba TBS Contractors. The bid results were as listed below:

Page 40 of 280 ends

Contractor Bid
Taylor Backhoe Service, Inc. dba TBS Contractors $ 718,193.62 George Reed, Inc. $ 857,056.00
Engineer’s Estimate $ 1,019,975.00
Staff recommends that a Contract be awarded to Taylor Backhoe Service, Inc. dba TBS Contractors in the amount of seven hundred eighteen thousand one hundred ninety-three dollars and sixty-two cents ($718,193.62). Staff also recommends that City Council authorize additional funding of $71,819.36 for this project as 10% contingency.

FISCAL IMPACT:
$790,012.98 will be expended from the approved Fiscal Year 2025/2026 budget. $699,398.50 will be expensed from the Grant Capital Expenditures Funds (1300-600-7625 & 1300-600-7627) and will be reimbursed from State of California. $90,614.48 local match will be expended from Measure V 80% Fund (1221-105-7990).

Project Cost ($): Max Foster Multiuse Path Phase 1
CMAQ
(88.53%)
Local Match
(11.47%) Total
Construction $369,777.88 $47,908.64 $417,686.52
Project Cost ($): Max Foster Multiuse Path Phase 2
CMAQ
(88.53%)
Local Match
(11.47%) Total
Construction $329,620.62 $42,705.84 $372,326.46
Total $699,398.50 $90,614.48 $790.012.98
ATTACHMENTS:

Resolution No. 2025-
Abstract of Bids
Agreement & Contractors Bid

Page 41 of 280 ends

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

ACCEPTING THE LOW BID AND AWARDING A CONTRACT TO TAYLOR BACKHOE SERVICE, INC. DBA TBS CONTRACTORS FOR THE TOTAL BID AMOUNT OF $718,193.62 FOR THE CONSTRUCTION OF THE MAX FOSTER MULTIUSE PATH – PHASE 1, FEDERAL-AID PROJECT NO. CML-5256(020) AND MAX FOSTER MULTIUSE PATH – PHASE 2, FEDERAL-AID PROJECT NO. CML-5256(021), (2) AUTHORIZING A CONTINGENCY FOR CONTRACT CHANGE ORDERS UP TO 10% OF THE CONTRACT AMOUNT, AND (3) AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.

WHEREAS, the City of Livingston applied for and was awarded two Congestion Mitigation and Air Quality (CMAQ) Grants from Merced County Association of Governments (MCAG) to construct the Max Foster Multiuse Path – Phase 1, Federal-Aid Project No. CML-5256(020) and Max Foster Multiuse Path – Phase 2 Federal-Aid Project No. CML-5256(021) projects; and WHEREAS, the major work consists of constructing a concrete multiuse path along Dwight Way and Walnut Avenue in the City of Livingston. The work also includes curb and gutter, an AC pavement conform section, driveways, curb cut ramps, landscaping, and landscape irrigation; and
WHEREAS, the Invitation to Bid for the Max Foster Multiuse Path – Phase 1, Federal-Aid Project No. CML-5256(020) and Max Foster Multiuse Path – Phase 2 Federal-Aid Project No.

CML-5256(021) projects was advertised in the Merced Sun Star on July 2, 2025, July 9, 2025, and July 16, 2025; and
WHEREAS, a total of two (2) bids were 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
Taylor Backhoe Service, Inc. dba TBS Contractors $ 718,193.62 George Reed, Inc. $ 857,056.00
WHEREAS, the Engineer’s Estimate was $1,019,975.00; and WHEREAS, the bids have been reviewed by the City Engineer, and Taylor Backhoe Service, Inc. dba TBS Contractors submitted the lowest responsive and responsible bid; and WHEREAS, it is in the best interest of the City of Livingston to award the Max Foster Multiuse Paths contract to Taylor Backhoe Service, Inc. dba TBS Contractors as it is the lowest responsive and responsible bid; and
WHEREAS, funding for this project was encumbered in fiscal year 2025/2026 in the Grant Capital Expenditures Funds (1300-600-7625 & 1300-600-7627) and Measure V 80% Fund (1221-105-7990) for the recommended contract amount and 10% construction contingency; and WHEREAS, The City Council of the City of Livingston accepts the bid from Taylor Backhoe Service, Inc. dba TBS Contractors and now desires to enter into an agreement to construct the project.

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

Page 42 of 280 ends

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

2. Awards the Max Foster Multiuse Paths contract to Taylor Backhoe Service, Inc. dba TBS Contractors, in the total bid amount of seven hundred eighteen thousand one hundred ninety-three dollars and sixty-two cents ($718,193.62) from the approved Fiscal Year 2025/2026 budget, for the Max Foster Multiuse Path – Phase 1 , Federal-Aid Project No. CML-5256(020) and Max Foster Multiuse Path – Phase 2 Federal-Aid Project No. CML-5256(021) Projects, which construction contract is attached hereto as Exhibit “A” and subject to a 10% contingency and finds that said award is in the best interest of the City.

3. Authorizes the City Manager to utilize a contingency for contract change orders up to 10% of the contract amount in the amount not to exceed $71,193.62 from the approved Fiscal Year 2025/2026.

4. $790,012.98 will be expended from the approved Fiscal Year 2025/2026 budget. $699,398.50 will be expensed from the Grant Capital Expenditures Funds (1300- 600-7625 & 1300-600-7627) and will be reimbursed from State of California. $90,614.48 local match will be expended from Measure V 80% Fund (1221-105- 7990).

5. Authorizes the City Manager to execute the agreement for construction of the Max Foster Multiuse Path – Phase 1, Federal-Aid Project No. CML-5256(020) and Max Foster Multiuse Path – Phase 2 Federal-Aid Project No. CML-5256(021) projects.

6. This resolution will become effective immediately.

AYES:

NOES:

ABSENT:

ABSTAIN:

By: ______________________________

Page 43 of 280 ends

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

Page 44 of 280 ends

ABSTRACT OF BIDS FOR CITY OF LIVINGSTON
Max Foster Multiuse Path - Phase 1, Fed-Aid Project No. CML-5256(020) and Max Foster Multiuse Path - Phase 2, Fed-Aid Project No. CML-5256(021) Bid Opening: Aug. 6, 2025 at 2:00 p.m.

Item No. Unit Price Amount Unit Price Amount Unit Price Amount 1 1 LS 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.002 1 LS 7,500.00 7,500.00 7,500.00 7,500.00 7,500.00 7,500.003 690 LF 80.00 55,200.00 54.74 37,770.60 115.00 79,350.004 8,389 SF 25.00 209,725.00 9.26 77,682.14 17.00 142,613.005 1 EA 9,000.00 9,000.00 6,278.40 6,278.40 5,500.00 5,500.006 1 EA 7,800.00 7,800.00 2,280.00 2,280.00 5,000.00 5,000.007 2 EA 10,000.00 20,000.00 2,316.00 4,632.00 13,000.00 26,000.008 1 EA 7,500.00 7,500.00 1,176.00 1,176.00 6,500.00 6,500.009 1,027 TN 65.00 66,755.00 96.00 98,592.00 40.00 41,080.00 10 360 TN 160.00 57,600.00 145.20 52,272.00 142.00 51,120.0011 1 EA 10,000.00 10,000.00 3,840.00 3,840.00 800.00 800.0012 1 LS 5,000.00 5,000.00 7,800.00 7,800.00 11,000.00 11,000.0013 2 EA 2,500.00 5,000.00 2,304.39 4,608.78 2,500.00 5,000.0014 1 EA 6,500.00 6,500.00 4,200.00 4,200.00 4,000.00 4,000.00 15 1 EA
11,000.00 11,000.00 6,000.00 6,000.00 7,000.00 7,000.00 16 41 LF 3.00 123.00 3.00 123.00 4.00 164.0017 1,227 LF 5.50 6,748.50 6.00 7,362.00 6.00 7,362.0018 219 SF 26.00 5,694.00 18.00 3,942.00 14.00 3,066.0019 290 LF 3.00 870.00 2.40 696.00 5.00 1,450.0020 1 LS 10,000.00 10,000.00 6,000.00 6,000.00 7,650.00 7,650.0021 1 LS 15,000.00 15,000.00 10,800.00 10,800.00 7,650.00 7,650.0022 70 TN 260.00 18,200.00 159.43 11,160.10 275.00 19,250.00 560,215.50 379,715.02 464,055.00
23 1 LS 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.0024 1 LS 7,500.00 7,500.00 7,500.00 7,500.00 7,500.00 7,500.0025 446 LF 80.00 35,680.00 54.17 24,159.82 115.00 51,290.0026 5,985 SF 25.00 149,625.00 9.24 55,301.40 17.00 101,745.0027 2 EA 10,000.00 20,000.00 2,736.00 5,472.00 13,000.00 26,000.0028 741 TN 70.00 51,870.00 96.00 71,136.00 40.00 29,640.0029 278 TN 160.00 44,480.00 145.20 40,365.60 142.00 39,476.00 LandscapingFurnish and Place Decomposed GraniteMobilizationTraffic Control PlanConstruct Curb and GutterItem Description Quantity
and Unit
Merces, CA
George Reed Inc.

Engineer's Estimate 1605 E. Gerard Avenue 1200 Scenic Drive, Suite 200 Taylor Backhoe Service, Inc.
dba TBS Contractors
Modesto, CA 95350
CML-5256(020) TOTAL
Furnish and Install Removable BollardsMobilizationApply Red Paint to Curbs Max Foster Multiuse Path - Phase 2, Federal-Aid Project No. CML-5256(021) Furnish and Install Tublar Single Swing GateFurnish and Install Tubular Double Swing GateApply Single 4" Thermoplastic StripingApply Double 4" Thermoplastic StripingConstruct Concrete PathConstruct 24' Wide Commercial DrivewayFurnish and Place Aggregate BaseFurnish and Place Asphalt ConcreteIrrigation Repairs and ReconfigurationTraffic Control Plan Max Foster Multiuse Path - Phase 1, Federal-Aid Project No. CML-5256(020) Apply Thermoplastic MarkingsConstruct Curb and GutterConstruct Concrete PathConstruct Case A Curb RampConstruct Case F Curb RampConstruct 24' Wide Commercial DrivewayConstruct 12' Wide Commercial DrivewayFurnish and Place Aggregate BaseFurnish amd Place Asphalt ConcreteStorm Drain Inlet AlterationSignage Installation and Alteration 1 Page 45 645.22 - 645.25
of 280

Item No. Unit Price Amount Unit Price Amount Unit Price Amount 30 2 EA 1,500.00 3,000.00 2,640.00 5,280.00 1,500.00 3,000.00 31 2 EA 11,000.00
22,000.00 6,000.00 12,000.00 7,000.00 14,000.00
32 1 EA 50,000.00 50,000.00 60,000.00 60,000.00 60,000.00 60,000.0033 1 LS 5,000.00 5,000.00 5,400.00 5,400.00 10,800.00 10,800.00 34 44 LF 3.00 132.00 3.00 132.00 4.00 176.0035 1,233 LF 5.50 6,781.50 6.00 7,398.00 6.00 7,398.0036 104 SF 26.00 2,704.00 18.00 1,872.00 14.00 1,456.0037 109 LF 3.00 327.00 2.40 261.60 5.00 545.0038 1 LS 10,000.00 10,000.00 6,000.00 6,000.00 4,350.00 4,350.0039 1 LS 20,000.00 20,000.00 9,600.00 9,600.00 4,350.00 4,350.0040 41 TN 260.00 10,660.00 160.98 6,600.18 275.00 11,275.00 459,759.50 338,478.60 393,001.00
$1,019,975.00 $718,193.62 $857,056.00
Hensley's Paving & Gen. Eng., Inc. Ranch Fence, Inc.Incentive New Creation Chrisp CompanyWomack Striping Collins Electric Company, Inc.Merced Fence Company Amerine Systems Incorporated LandscapingFurnish and Place Decomposed GraniteApply Double 4" Thermoplastic StripingApply Thermoplastic MarkingsFurnish and Install Tubular Double Swing GateLighted CrosswalkSignage Installation and AlterationApply Red Paint to CurbsApply Single 4" Thermoplastic Striping CML-5256(021) TOTAL
Subcontractors Listed:

COMBINED BID TOTAL OF BOTH (2) PROJECTS
Adjust Manhole to GradeIrrigation Repairs and Reconfiguration Engineer's Estimate 1605 E. Gerard Avenue 1200 Scenic Drive, Suite 200 Taylor Backhoe Service, Inc. George Reed Inc.

Item Description
Quantity
and Unit
Merces, CA Modesto, CA 95350
2 Page 46 645.22 - 645.25
of 280

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 Taylor Backhoe Service, Inc. dba, TBS Contractors (“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 MAX FOSTER MULTIUSE PATH – PHASE 1 – Federal-Aid Project No. CML-5256(020) and MAX FOSTER MULTIUSE PATH – PHASE 2 – Federal-Aid Project No. CML-5256(021) (“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

Page 47 of 280 ends

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.

1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Registration with DIR. Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. (c) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on with the City at 1416 C Street, Livingston, CA 95334 and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer. (d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep

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accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including

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without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.4 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed; (ii) has carefully considered how the services should be performed; and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.

1.6 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site, materially different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by

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contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

1.7 Unidentified Utilities.

To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.8 Trench Excavation.

Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000.00 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed therefor.

1.9 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

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1.10 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.11 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Project Manager to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Project Manager prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000.00, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the

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Work or to the interest of the City, may be approved by the Project Manager. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor’s Bid. If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Project Manager. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.12 Special Requirements.

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

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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 seven hundred eighteen thousand one hundred ninety-three dollars and sixty-two cents Dollars ($718,193.62) for completion of the work.

2.2 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement.

All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

2.3 Payment.

City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.4 Retention.

Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107 of the Public Contract Code.

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In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

2.5 Substitution of Securities.
(a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall begin work within fifteen (15) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within sixty (60) consecutive working days from the date on which the work was started and in accordance with any schedule contained in or required to be provided by the Bid Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply.

3.2 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of one thousand Dollars ($1,000.00) for Federal-Aid Project No. CML-5256(020) and the sum of one thousand Dollars ($1,000.00) per day for Federal-Aid Project No. CML-5256(021) 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.

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3.3 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. If City finds that Contractor’s work does not meet the requirements and standards provided in the Bid Document, Contractor shall remedy any defects in the work at Contractor’s sole expense following notice by the City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:

Janet Taylor President, Secretary
(Name) (Title)
Andy Taylor Vice President, Treasurer
(Name) (Title)
Jacob Taylor Vice President
(Name) (Title)
William Dukes Vice President
(Name) (Title)
The Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

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

4.4 Independent Contractor.

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

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all

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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) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area. (e) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual

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pollution and remediation. The policy limit shall be no less than $1,000,000.00 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer.

5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) Proof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or

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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.

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(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

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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.

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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

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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.

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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.

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(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.

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(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

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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

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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

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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.

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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:

Taylor Backhoe Service, Inc. dba TBS
Contractors
License Number: 810520
DIR Number: 1000597055
UEI Number: MJMYG9YUW2S9
*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:
_____________________________________
_____________________________________
_____________________________________

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*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.

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EXHIBIT A
CONTRACTOR’S BID

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RECEIVED
AUG 062025
/:4&
CfTYOFJJ\1/NGs;ON ~ -
PROJECT:

BID DATE:
1605 E Gerard Ave, Merced, CA 95341
Phone (209) 384-8424 I Fax (209) 384-7629
City of Livingston
Office of the City Clerk
1416 C Street
Livingston, CA 95334
Max Foster Multiuse Path - Phase 1, Federal-Aid Project No. CML-5256(020) Max Foster Multi use Path - Phase 2, Federal-Aid Project No. CML-5256(021) Wednesday, August 6, 2025 at 2:00 PM

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PROPOSAL TO THE CITY OF LIVINGSTON

PUBLIC WORKS DEPARTMENT
CONTRACT NO. 645.22-2025 and 645.25-2025
NAME OF BIDDER Taylor Backhoe Service, Inc. dba TBS Contractors BUSINESS P.O. BOX N/A ----------------------
CITY, STATE, ZIP _ N_/A ____ _____ _________ _
( Please include even if P. 0 . Box used)
BUSINESS STREET ADDRESS 1605 E Gerard Avenue - - ----------------- CITY, STATE, ZIP Merced CA 95341
TELEPHONE NO.: AREA CODE ( 209 ) ....;;; 3=8...;.. 4--"'8--'- 42=-4-'------------- FAX NO.: AREA CODE ( 209 ) _3_84_-_7_62_9 __________ _
CONTRACTOR LICENSE NO.: --=8:;...;1...;;::. 0=52=0=--------------- Department of Industrial Relations (DIR) Registration No.: _1_0_0_0_5_9_7_0_5_5 ______ _ Unique Entity Identification (UEI) No.: _M_ J_M_Y_G_9_Y_U_W_ 2_S_9 _ ________ _ 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 or the Federal minimum wage rates), the project plans described below, including any addenda thereto, the contract annexed hereto, and also in conformance 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 for the work to be done are dated JUNE 2025 and are entitled:

CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS

NOTICE TO BIDDERS AND SPECIAL PROVISIONS FOR

FOR CONSTRUCTION OF
MAX FOSTER MULTIUSE PATH - PHASE 1 - FEDERAL-AID PROJECT NO. CML-5256(020) and
MAX FOSTER MULTIUSE PATH-PHASE 2 - FEDERAL-AID PROJECT NO. CML-5256(021) 645.22 - 645.25
BID 1 of 32

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Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items. The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item.

In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount of the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the CITY of LIVINGSTON's Final Estimate of cost.

If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise, if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.

Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.

The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the CITY of LIVINGSTON, and that discretion will be exercised in the manner deemed by the CITY of LIVINGSTON to best protect the public interest in the prompt and economical completion of the work. The decision of the CITY of LIVINGSTON respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.

If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the 2 bonds in the sums required by the State Contract Act, with surety satisfactory to the CITY of LIVINGSTON, within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the CITY of LIVINGSTON that the contract has been awarded, the CITY of LIVINGSTON may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this proposal shall operate and the same shall be the property of the CITY of LIVINGSTON.

The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal is accepted, that he will contract with the CITY of LIVINGSTON, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, 645.22 - 645.25
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REVISED BID ITEM LIST
MAX FOSTER MULTIUSE PATH-PHASE 1
FEDERAL-AID PROJECT NO. CML-5256(020)
AND
MAX FOSTER MULTIUSE PATH-PHASE 2
FEDERAL-AID PROJECT NO. CML-5256(021)

ITEM ESTIMATED UNIT ITEM
NO. BID ITEM DESCRIPTION QUANTITY PRICE TOTAL
1 Mobilization 1 LS $ Z5, 000, 00 $ 25; DQO . oo
*(Item 1 not to exceed $25,000.00) *(See Note)
2 Traffic Control Plan 1 LS $ ~ !S00,0O $ -;-, 5t>l), DO > **(Item 2 not to exceed $7,500.00) ''"'(See Note) 3 Construct Curb and Gutter 690 LF $ 54-.N $ 31,770, ld2 4 Construct Concrete Path 8,389 SF $ q,2u, $ 7-Z 0a2. lLr 5 Construct Case A Curb Ramp 1 EA $ ' I '2-tf3, '-HJ $ (p_ I Z1'fJJ. 4{) ' ) 6 Construct Case F Curb Ramp 1 EA $ 1..)200. 00 $ 1 , 2.J/30. DO . 7 Construct 24' Wide Commercial Driveway 2 EA $ '2 ,8Ua,CO $ ±, fe3 2-, 00 8 Construct 12' Wide Commercial Driveway 1 EA $ I. I "1-lP, oo $ I, J1(R, DD • 9 Furnish and Place Aggregate Base 1,027 TN $ gttJ.,QQ $ C1 8, 5tf 2. tJ D 10 Furnish and Place Asphalt Concrete 360 TN $ 145, 20 $ '52/?1-2- DD 11 Storm Drain Inlet Alteration 1 EA $ 3,54D-oo $ 3 1 fly_..£2. 00 J 12 Signage Installation and Alteration 1 LS $ 7 , P,,QQ, 00 $ '1; eioo. oo ' 13 Furnish and Install Removable Bollards 2 EA $ 2, 3 0l.f-.3q $ Lf1 lROB . 7!3 14 Furnish and Install Tubular Single Swing
Gate 1 EA $ 1-r, Z.OD , 00 $ M 2/JD, OD
15 Furnish and Install Tubular Double Swing
&1 DoQ. OD (p 1 Gate 1 EA $ $ 000,OD
16 Apply Single 4" Thermoplastic Striping 41 LF $ 3. 00 $ I 2-3. oo 17 Apply Double 4" Thermoplastic Striping 1,227 LF $ ft;. 00 $ l 3t/2-,DO 18 Apply Thermoplastic Markings 219 SF $ Jg , DO $ 3q 4-z, oo )
645.22 - 645.25
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19 Apply Red Paint to Curbs 290 LF $ l.L\D $ lal\~.C)O
20 Landscaping 1 LS $ l.o,0OO .00 $ l,o,C)OD.00
21 Irrigation Repairs and Reconfiguration 1 LS $ \0,'oOO.DD $ \O,<coo.()D 22 Furnish and Place Decomposed Granite 70 TN $ \~<\.L\1:> $ \\i\ \o0.\O CML-5256(020) TOTAL BID s J1C\ ;1 \'J. D1.

MAX FOSTER MULTIUSE PATH- PHASE 2, FEDERAL-AID PROJECT NO. CML-5256(021) 23 Mobilization 1 LS $ 1_o,ooo. oo $ 10.000.00
***(Item 22 not to exceed $20,000.00) ***(See Note)
24 Traffic Control Plan 1 LS $ 1 /SDO ,00 $ 1/500.00
****(Item 23 not to exceed $7,500.00) ****(See Note)
25 Construct Curb and Gutter 446 LF $ 'Sl.\.\1 $ 1-\.\ 1\~f\.<tl 26 Construct Concrete Path 5,985 SF $ G\.1-L\ $ 5') /) o \ . \.\ D 27 Construct 24' Wide Commercial Driveway 2 EA $ '"L ;17:)\o.OO $ ':),L.\11. 00 28 Furnish and Place Aggregate Base 741 TN $ l\\o,0() $ 7\ ,\?,\o .C) D 29 Furnish and Place Asphalt Concrete 278 TN $ \1.-\':).10 $ L\D ,:)lD':). loD 30 Adjust Manhole to Grade 2 EA $ l, \ol..\o.oo $ ~.L'bO.DO 31 Furnish and Install Tubular Double Swing
Gate 2 EA lo,000.00 \'LODO.O 0 $ $
32 Lighted Crosswalk 1 EA $ \.oO. 000 ,00 $ ~o,ooo .Do
33 Signage Installation and Alteration 1 LS $ ~Jl.\00 .00 $ '5, 1.-\00. o o 34 Apply Single 4" Thermoplastic Striping 44 LF $ 7:).0D $ \31.00 35 Apply Double 4" Thermoplastic Striping 1,233 LF $ \o.00 $ 7 a'7:,q'o,OD 36 Apply Thermoplastic Markings 104 SF $ \'c).00 $ \.Co71.oo 37 Apply Red Paint to Curbs 109 LF $ l.L\O $ l\o\.\0O
38 Landscaping 1 LS $ \.o,000.00 $ \o, 000.00
39 Irrigation Repairs and Reconfiguration 1 LS $ C\,loOO, 00 $ °' I l_oOD .O() 645.22 - 645.25
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40 Furnish and Place Decomposed Granite 41 TN $
CML-5256(021) TOTAL BID $ _ 3_____;;; 3-.::6"C...1- / 4..:......,.. t -=e_.-=-&J-.::0 _____ _ TOTAL BID $ 1-/8, / q?).02.. >
TOTAL BID IS THE SUM OF CML-5256(020) PLUS CML-5256(021)

TOTAL BID
NOTE: "TOT AL BID" is only on the last page of the Bid Schedule List 645.22 - 645.25
BID 5R of 32

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INFORMATION REQUIRED OF BIDDER
List of Subcontractors
MAX FOSTER MUL TIUSE PATH PHASE 1 CML-5256(020)
As of March 1,2015, Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/ContractorRegistration.html In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms.

Percent Dept. of
Bid Item Description of Work to be Performed of Total Subcontractor's Industrial No. Subcontractor's Name and Address Contract License No. Relations {DIR) Registration No.

Grading, Paving Hensley's 3,4,5,6,7, 43% 828289 1000000913 PO Box 449 8,9,10 Hickman, CA 95323 Landscape, Irrigation Incentive New Creations 20,21 ,22 7% 695353 1000015672 380 Reilly Road Merced, CA 95341
12, Womack Stiping 16,17,18, Striping 5% 647795 1000008641 1336 Lone Palm Avenue 19 Modesto, CA 95351 Fencing Merced Fence Company 14,15 3% 407008 1000027866 2252 Spacecraft Drive Atwater, CA 95301
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BID
of
6 280
of 32

INFORMATION REQUIRED OF BIDDER
List of Subcontractors for
MAX FOSTER MULTIUSE PATH- PHASE 2 CML-5256(021)
As of March 1,2015, Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/ContractorRegistration.html In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms.

Percent Dept. of
Bid Item Description of Work to be Performed of Total Subcontractor's Industrial No. Subcontractor's Name and Address Contract License No. Relations (DIR) Registration No.

Hensley s
25,26,27, Grading, Paving 37% 828289 1000000913 PO Box 449 28,29,30 Hickman, CA 95323 Landscape, Irrigation Incentive New Creations 38,39,40 7% 695353 1000015672 380 Reilly Road Merced, CA 95341
33,34,35, Striping 647795 Womack Stiping 36,37 4% 1000008641 1336 Lone Palm Avenue Modesto CA 95351
Fencing Merced Fence Company 31 4% 407008 1000027866 2252 Spacecraft Drive Atwater, CA 95301
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Page
BID
82 7 of
of
32 280

STATEMENT OF QUALIFICATIONS
Experience
Bidder shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
1 2 3
Pecan- DorseyProject Title Western Neighborhood Hwy 33 & Inyo Ave Head Start Parking Lots Improvements
Public Agency City of Waterford City of Newman Merced County Office of Education
101 E Street 938 Fresno Street 632 W 13th Street Address Waterford, CA 95386 Newman, CA 95360 Merced, CA 95341 Telephone No. (209) 239-6229 (209) 854-3300 (209) 480-3818 Engineer in Charge Nicklaus Stephans Mario Gouveia David Starck Project Value ($) $674,793.75 $1,068,088.95 $708,185.00 Date Accepted 04/15/2024 01/17/2024 11/02/2024
Claims Filed? No No No
If yes explain
below:

N/A
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(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE

AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder Taylor Backhoe Service, Inc. dba TBS Contractors proposed subcontractor(s) Merced Fence Company, Hensley's Paving, Womack Striping, Incentive New Creations , (List Subcontractor(s) above)
hereby certifies that he
IX] has
0 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 required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form I 00 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-l.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office ofFederal Contract Compliance, U.S. Department of Labor.
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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 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.
645.22 - 645.25
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

BID 10 of 32

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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.

Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications.
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CONTRACTOR'S CERTIFICATION REGARDING WORKERS'

COMPENSATION INSURANCE
State of California
County of ~M~e=-r'"""c"""e-=d'----------
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commending the performance of the work of this Contract.

Taylor Backhoe Service, Inc. dba TBS Contractors
(Name of Contractor)
Date: August 6, 2025
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Page 87 of 280 ends

Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY o[LIVTNGSTON 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 Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
645.22 - 645.25
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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 dete1mination 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.

Ifthere 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 perfonning 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.

Notes: Providing false inf01mation may result in criminal prosecution or administrative sanctions.

The above certifications are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of these Certifications.
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BID 14 of 32

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NONLOBBYING CERTIFICATION

FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee ofa Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 645.22 - 645.25
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DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LORBYING A TIVITIES PURSUANT TO 31 U.S.C. 1352 Type of Federal Action:
contract
grant

2. Status of Federal Action:
c::J a. bid/offer/aoolication
b. initial award
c. post-award

3. Report Type:
c::J a. initial
b. material change
For Material Change Only:

4. D Prime D Subawardee
Tier ___ , if known

6. 10. a. Name and Address of Lo
(If individual, last name, fi

11. Amount of Payment (check all that apply)
$ ______ D actual D planned

12. Form of Payment (check all that apply):

D a. cash D b. in-kind; specify: nature _____ _
value ------
year _ _ quarter ___ _
date of last report _____ 1

5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:

Congressional District, if known

7. Federal Program Name/Description:

CFDA Number, if applicable ________ _

9. Award Amount, if known:

Individuals Performing Services (including
address if different from No. 1 0a)
(last name, first name, MI)
Type of Payment (check all that apply)
a. retainer
b. one-time fee
commission

14. Brief Description of Services Performed or to be performed and Date(s) o officer(s), employee(s), or member(s) contacted, for Payment Indicated in 1 (attach Continuation Sheet(s) if necessary)

15. Continuation Sheet(s) attached: Yes D

16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure oflobbying reliance was placed by the ti er above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Federal Use Only:
645.22 - 645.25
No □
Telephone No.: _________ Date: __ __, _ _
Authorized for Local Reproduction
Standard Fonn - LLL
BID 16 of 32

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INSTRUCTIONS FOR COMPLETION OF SF-LLL,

DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier.

Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identification in item I ( e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency).

Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a).

Enter Last Name, First Name and Middle Initial (Ml).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned).

Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date( s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.

15. Check whether or not a continuation sheet( s) is attached.

16. The certifying official shall sign and date the form, print his/her name title and telephone number.

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.

SF-LLL-Instructions Rev. 06-04-90«ENDJF»
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BID 17 of 32

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Accompanying this proposal is BIDDER'S BOND ------------------------ (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.

Janet Taylor - President/ Secretary
Andrew Taylor - Vice President/ Treasurer
Jacob Taylor - Vice President William Levi Dukes - Vice President Licensed in conformance with an act providing for the registration of Contractors, License No. ___ 8_1_0_5_2_0 ____ _ Classification(s) _ A"'"',_B"""',"--C_-2_1 ______ _

ADDENDA
This Proposal is submitted with respect to the changes to the contract included in Addenda Number/s Addendum No. 01 - July 25, 2025 Addendum No. 02 - July 29, 2025 (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). By my signature on this proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.

Da~: Auqu~6.2025
William Levi Dukes
Business Address 1605 E Gerard Avenue Merced, CA 95341
Place of Business 1605 E Gerard Avenue Merced, CA 95341 Place of Residence 1605 E Gerard Avenue Merced, CA 95341 645.22 - 645.25
BID 18 of 32

Page 93 of 280 ends

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

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

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

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

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

Dated March 3, 2022
Janet ~ ;7 l

Page 94 of 280 ends

CALIFORNIA NOTARY ACKNOWLEDGEMENT
(INDIVIDUAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California_,
County of _._Mt ~.~'-"----
On Ofi: /1 'b 11.f)/..J,rl before me, II. ~ocni, Noll1'Y Public (insert name and title of the officer), personally appeared Jun:t't::l(f..)lcr , who proved to me on the basis of satisfactory evidence to be the person(.s-}"whose name~is/are subscribed to the within instrument and acknowledged to me that4'e/she/tfley execute.9 the same in-flisfher/tReir authorized capacity~es-), and that by msther/tt,ei-r signatureM on the instrument the persoR{'S'f, 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.
(Seal}
Copyright© 2018 NotaryAcknowledgement.com. All Rights Reserved. ·······
B. SLOCM
·t
Not4ry Puollc • Cd dfornid :

Merced Co nty ~
( 0111n,1ss,an; 24() 8! I -
y omm. upk i-s ~p• • . 2026

Page 95 of 280 ends

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

BIDDER (Name and Address)
Taylor Backhoe Service, Inc. dba TBS Contractors
1605 E Gerard Ave.

Merced, CA 95341
OWNER (Name and Address):

City of Livingston
1416 C Street
Livingston, CA 95334
BID
Bid Due Date: July 30th, 2025
SURETY (Name, and Address of Principal Place of
Business):

The Ohio Casualty Insurance Company
175 Berkeley Street
Boston, MA 02116
Description: (Project Name and Location) Max Foster Multiuse Path· Phase 1 & Max Foster Multiuse Path· Phase 2 BOND
Bond Number: NIA
Date: July 22nd, 2025
Penal Sum: Ten Percent of the Total Amount Bid $10% of the total amount bid (Words) (Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY
Elizabeth Collodi
Print Name Print Name
Attorney-in-Fact
Title Title
Attest:

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

Provide execution by any additional parties, such as joint venturers, if necessary. 645 .22 - 645.25
BID 19 of32

Page 96 of 280 ends

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. 645.22 - 645.25
BID 20 of 32

Page 97 of 280 ends

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Butte
On July 22, 2025 before me, _____ D_e_a_n_n_a_Q~m_._n_te_ro_,_N_ o_ta~ry~P_ub_li_· c ___ _ (insert name and title of the officer)
personally appeared Elizabeth Collodi
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature (Seal)
~oeonsosessncs~:~~:.:.;•s1
l3. OOMM.12430368 >- o: ' NOTAR'I PU8UO CALIFORNIA ::a
< n , COUN1V OF IUffl ~ . Collwn.ExplrWIDEC.,a. .. ,,
•••a,,,,, :csso,zczse100s ; :sos •• ,

Page 98 of 280 ends

en
Q)
Q)
c
~ Libertx ~ Mutuat
SURETY

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

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this ~ day of March , ~-
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
By -1/JJ,JL~
Nathan J. Zangerle, Assistant Secretary -!!! '6 co State of PENNSYLVANIA ss ~ 5, County of MONTGOMERY l§ (.) Q)
-::J 0-
.... co

2..::
..... co ~::J
-"C
c·-
co en
.Q ~
"5 •
On this 13th day of March , 2025 before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance gCompany, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes ·§ therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. ~ •- >
Comm,;inweaUh of Pennsylvania - Notary Seal ,...,,. ~ ~ ..... ai Q Teresa Paslella, Notary Public A-.... i .,.. Montgomery County ~ /./ -f- II tf 0 2 My commission expires March 28, 2029 By·. W ~ ~
Q)
~ ..... ~ ·; __ ~ Commission number 1126044
M<mbc<, p.,.,.-y1,.n1,, _ 110.,.1 No1..... 1eresa Pastella, Notary Public ~en ~
co~ ~6
.g12 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance o !iij1 OE.!: Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 111 ~ - ~N ._ 2 ARTICLE IV- OFFICERS: Section 12. Power of Attorney. o.. ~ .E !!! Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President o 0 ;g ~ may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all i «:i ~ ~ undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full ~ 0 t:::: power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall 'E ~ z i3 be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney.in-fact under the provisions of this .8 !B article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. iE 11 ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.

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

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

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

I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Compa,1y, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct ccpy 'it 'rh£ Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Compa~ies lhis 22nd _ rjay -~f July , ~- LMS-12873 LMIC OCIC WAIC Multi Co 02/24
B,v: =----'-~___,,....,..,.- - ..,,... ~ ----,---,,...,.......,..,............,.----- Re~ee C. Llewellyn, Assislant Secretary

Page 99 of 280 ends

Bid Bond
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California }
County of Merced
On ~ 8_,_/_1..o-+-/ 20_ _ 2_ 5 ___ before me, krJ:J6fal -:Zc:;rnoro:J tJo+ory Puh)ic Date Here Insert Name and Title of the Officer
personally appeared ____ __, W'-i-'-f---'-{-'--' i a"---m-'-'--_ 1 _
1 Le,v _ __c_j_ '
1 _,,,b=-=-Ll....,_l«-"-'~""'--c---------
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(.81 whose name(~ is/ar€ subscribed to the within Instrument and acknowledged to me that he/sl'(e/tl>(ey executed the same in his/t}e'r/tl:r~ir authorized capacity(lefs), and that by his/her/t!)eir signature(g) on the instrument the person(~ . or the entity upon behalf of which the person(i) acted, executed the instrument. ~--····••=••·1
..

KRYSTAL ZAMORA
: Notary Public • Caltfornla : i Merced County s
Commission II 2524580 -
Uri Comm. Expires Jun 23, 2029
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.

Place Notary Seal and/or Stamp Above
Signature~~$
Signature
--J-L
of
~rY)
Notary Public
~

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: __________________________ _ Document Date: ____________________ Number of Pages: _ __ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer - Title(s): _ _____ _ □ Corporate Officer - Title(s): ______ _ □ Partner - □ Limited □ General □ Partner - □ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: ______________ _ □ Other:

Signer is Representing: _____ _ ___ _ Signer is Representing: _ ________ _ ffi~~~g~~~~~IDO(:-~~*~~~l@',{l~~~~~ ·
©2019 National Notary Association

Page 100 of 280 ends

1. 2.

3. 4. Tt3s C.ori POI t.1'0./ .5
City of Livingston
Max Foster Multiuse Path-Phase 1, Federal-Aid Project No. CML-5256(020) and Max Foster Multiuse Path - Phase 2, Federal-Aid Project No. CML-5256(021)
Pre-Bid Conference
July 9, 2025; 10:00 a.m.

ATTENDANCE SIGN IN SHEET
Telephone Number Email Address
209-449-6490 [email protected]
209-780-9485 [email protected]

5. '57,.,,, ' o...'ir- 60-ur:~1 £,,,,.) ,· .... ~.:<V'-'':J toGJ '3 8 Y 8'12c/ C$ f-imgf,;,~ ~?; y/()/6 .. d(J.,ot>,CiY" ZeJ'l- 7tU-c.0~5
Cot-Si-vvdi'~------~·,ct,ICL\fMS:rl\~,f(ooS\j'UltiO{l;nl,loM

6. ~e Ir -et:£ .. Ln C

8. ~,s.<d:

9. 10.

11. a~ .ce . ..tr:.- R...o l H2,0fA-S(:;Y~ct5J
Z.O,, -,/ I/- BIW

Page 101 of 280 ends

ADDENDUM NO. 01
Date of Addendum: July 25, 2025
Project: Max Foster Multiuse Path - Phase 1, Federal-Aid Project No. CML-5256(020) and Max Foster Multiuse Path-Phase 2, Federal-Aid Project No. CML-5256(021) Owner: City of Livingston
Bid Date: J.Hly 3(), 2()25 @ 2:()()p.H,. August 6, 2025 at 2:00 p.m.

To: Prospective Bidders
From: Gouveia Engineering, Inc.
456 Sixth Street
Gustine, CA 95322

1. This Addendum forms a part of the Bidding Documents and will be incorporated into the Contract Documents, as applicable. All other conditions of the Contract Documents remain unchanged. The following changes, additions, or deletions as set forth herein shall apply to the Contract Documents and shall be made a part thereof and shall be subject to all the requirements thereof as though originally shown and/or specified.

2. The Contract Documents are hereby modified to effect the following changes:
a. The bid opening date has been changed to August 6, 2025 at 2:00 p.m. b. The data included in the section entitled, "Federal Wage Rates" has been updated as of July 18, 2025. The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor, are available at 645.22-645.25
SAMgov web site at:

Wage Determinations I SAM.gov
General Decision Number: CA20250018 July 18, 2025
A hard copy may be obtained by contacting Gouveia Engineering, located at 456 Sixth Street, Gustine, California 95322 - (209) 854-3300.

Page 1 ends

Page 102 of 280 ends

c. Revised proposed timeline of events associated with the awarding of BID:

Release of Advertisement for Bid July 2,205
Pre-Bid Meeting- Mandatory 10:00 a.m. July 9, 2025
Deadline to Submit Questions/Clarifications 5:00 p.m. foly 1J, 1Q1~ July 30, 2025 Addendum/Questions/Clarifications posted 5:00 p.m. .htly ~§. ~02~ August I, 2025 Bid Opening 2:00 p.m. :foly JQ, 1Q1~ August 6, 2025
DBE Commitment (Exhibit 15-G) No Later than 4 p.m. on the 5th calendar day after bid opening
DBE Good Faith Efforts Documentation No Later than 4 p.m. on the 5th (Exhibit 15-H) calendar day after bid opening
LAPM 9-1 DBE Confirmation No Later than 4 p.m. on the 5th calendar day after bid opening
Exhibit 12B - Part 1 No Later than 4 p.m. on the 5th
Exhibit 12B - Part 2 calendar day after bid opening
City Council to Consider Bid August 19, 2025 (tentative) Issuance of a Notice to Proceed Onor September 29, 2025 (tentative) before:

Construction to Begin Onor October 13, 2025 (tentative) before:

3. Bids shall be submitted in accordance with this Addendum. All Bidders MUST acknowledge receipt of this Addendum by signing and returning this Addendum with your Bid.

Gouveia Engineering Firm Name:

By:~ \Mano Gouveia, PE
By:

Title: Vice President
Date: July 25, 2025

Page 2 ends

645 .22-645.25

Page 103 of 280 ends

ADDENDUM NO. 02
Date of Addendum: July 29, 2025
Project: Max Foster Multiuse Path - Phase 1, Federal-Aid Project No. CML-5256(020) and Max Foster Multiuse Path-Phase 2, Federal-Aid Project No. CML-5256(021) Owner: City of Livingston
Bid Date: August 6, 2025 at 2:00 p.m.

To: Prospective Bidders
From: Gouveia Engineering, Inc.
456 Sixth Street
Gustine, CA 95322

2. The Contract Documents are hereby modified to effect the following changes:
a. Replace the Table of Contents with the attached Revised Table of Contents. b. Replace Section 3 Description of Bid Items with the revised Section 3R Description of Bid Items.
c. Add the attached Section 9 Inert Ground Covers to the Contract Documents. d. Add the attached Section 10 Construction Details to the Contract Documents.

3. The Bid Book is hereby modified to effect the following changes:
a. Replace pages BID 3 through BID 5 of the Bid Book and replace with the attached pages BID 3R through BID 5R.

4. The Plans are hereby modified to effect the following changes:
a. Replace Plan Sheets C-103 through C-112 and sheet C-115 with the attached revised Plan Sheets. Changes to the Revised Plans include, but are not limited to, changes to the irrigation and landscaping improvements, updates to notes, updates to estimated quantities, additional information on existing and proposed grades, revised construction notes for the lighted crosswalk at station 17+00.00, updated irrigation details, the addition of the gate detail, and updated road way repair structural section information.

5. Bids shall be submitted in accordance with this Addendum. All Bidders MUST acknowledge receipt of this Addendum by signing and returning this Addendum with your Bid.

Page 1 of 2 ends

645.22-645.25 ADDENDUM No. 2

Page 104 of 280 ends

Gouveia Engineering Firm Name: ractors
By:

Title: Vice President
PE
Date: July 30, 2025

Page 2 ends

645.22-645.25 ADDENDUM No. 2

Page 105 of 280 ends

EXHIBIT B

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
If the Parties wish to revise provisions in the Agreement above (from page 1 through the signature page), then the revisions shall be presented in this Exhibit B, with deletions shown in strike through and additions shown in bold and italics.

Page 106 of 280 ends

EXHIBIT C
FORM FHWA 1273

REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS
The provisions of Form FHWA 1273 is hereby physically attached, unmodified as a part of this contract (Exhibit C). This provision applies to federal-aid contracts and all work performed by subcontracts and subsequent lower-tier subcontracts and required be physically included in each executed contract.

Page 107 of 280 ends

FHWA-1273 – Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:

ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only) I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR
633.102(e).

The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid designbuild contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).

The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-

1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.

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1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."

2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.

4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.

The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action

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within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as nonresponsible. c. The Title VI and nondiscrimination provisions of U.S.

DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following:

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(1) The number and work hours of minority and nonminority group members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and nonminority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.

As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy
between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.

This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.

Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA1273 format and FHWA program requirements.

1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for which a prevailing wage rate has been determined;

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(ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the
questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.

Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph

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2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.

All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each
worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Actscovered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.

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(5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity (29 CFR

5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph

4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.

In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with

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the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.

6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.

7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the DavisBacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.

9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.

10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.

11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and
guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR

5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment.

In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or

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mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.

3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lowertier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under
CWHSSA or this part.

VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.

Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;

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(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.

2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.

3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the
contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on longstanding interpretation of 23 CFR 635.116).

5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).

VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).

The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY

PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federalaid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."

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Livingston City CouncilAugust 19, 2025

Livingston City Council
August 19, 2025