Agenda packet — Livingston City Council, September 2, 2025 (part 2 of 3)

Warranty Term:

Holt of California's warranty tennis (12) months for workmanship and (12) months for Parts.

EXCLUSIONS AND/OR LIMITATIONS:

Indemnification:

Holt of California's responsibility in this agreement is limited to equipment inspection as outlined in the attached "Detailed Description of Service Levels" and as modified accordingly within this agreement.

Holt of California does not guarantee the detection or the replacement of worn components, the proper operation of the equipment in the event of a power failure, or any other circumstances outside the control of Holt of California. The Customer agrees to indemnify Holt of California and its officers, agents, or representatives from all claims and causes of action that may arise directly or indirectly out of the failure of the equipment, or any part thereof, service by Holt of California.

TERM AGREEMENT:

This service agreement is valid from August 1, 2025, through Ju11e 30, 2028, and may be canceled at any time with thirty (30) days' written notice by either party. Without a signed agreement, this offer is valid for sixty (60) davs, after which pricing and/or terms may be adjusted accordingly.

We appreciate the opportunity to be of service to you. If you have any questions, please feel free to contact Bonnie Terry at (916) 416-2921 or bv emaiJ: [email protected] By signing below, Holt of California agrees to provide the above-mentioned services at the pricing listed.

The City of Livingston agrees to the terms mentioned herein and hereby authorizes the commencement of services.

Bonnie Terry
Product Support Representative
Power Systems Division

HOLT OF CALIFORNIA
Cell: (916) 416-2921
Office/After-hours: (916) 373-4155
Date Representative Date
City of Livingston
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Power Systems Service: Electric Power, Petroleum, Industrial - 1-916-373-4155 - www.holtca.com/psservice Detailed Scope of Services
Level 1 PM (Recommended Semi-annual or Quarterly)

1.0 GENERAL

1.1 Visual inspection of the overall condition of the generating set for foreign objects, loose or broken fittings, guards, and other components.

2.0 AIR INDUCTION AND EXHAUST SYSTEM

2.1 Air Service Indicator - Inspection and notation of the reading on service indicator (if applicable).

2.2 Air Filter – Visual inspection (replace when required at an additional cost).

2.3 Air Inlet System – Inspection of piping/ducting for damage, loose connections and inspect for proper louver or inlet air fan operation (if applicable).

2.4 Turbocharger – Visual inspection for signs of wet stacking, exhaust leakage or external damage.

2.5 Exhaust Manifold – Inspection for damage, lose or missing hardware and evidence of wet stacking and exhaust leaks.

2.6 Exhaust Silencer/After treatment – Visual inspection of overall condition, wet stacking, exhaust leaks, loose, broke and missing fasteners, and after treatment high back pressure alarms (if applicable). Check for proper rain cap operation and exhaust fan operation.

3.0 COOLING SYSTEM

3.1 Radiator/Heat Exchanger – Visual inspection for leaks, damage, and debris. Inspect louvers for proper operation (if applicable).

3.2 Coolant – Inspect for proper level, conditioner level, proper freeze point, and visual inspection for color quality. Inspect radiator cap for signs of leaking, damage, and deteriorating sealing gasket.

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3.3 Hoses and Connections – Visually inspect hoses, clamps, and connections for leaks, bulging, and collapsing.

3.4 Fan Drive Assembly – Check for proper operation (no slipping) while engine is running and check for signs of slipping on adjacent components. Inspect fan belt for proper tightness and for any wear cracks. Check shiv for glossing and wear.

3.5 Jacket Water Heater – Check and record temperature and check upper hose for hardening, ensure circulation is adequate throughout the engine.

3.6 Water Pump – Visual inspection for coolant leaks out of flanges and weep holes.

3.7 Temperature Thermostats (regulators) – Infrared analysis before and after the regulators prior to starting engine to check for signs of open thermostats. Run engine and record engine coolant temperature after cooling system has stabilized.

4.0 FUEL SYSTEM

4.1 Fuel Lines and Connections – Inspect for leaks and condition of hoses (if applicable).

4.2 Governor – Inspection of controls and linkage for proper operation (if applicable).

4.3 Fuel Filters (primary and secondary) - Inspect for leaks and external damage. Inspect water trap bowls on primary filters for water and sediment (if Applicable).

4.4 Day Tank – Check and record fuel level. Visual inspection for leaks and test operation of the transfer pump (if applicable).

4.5 Main Fuel Tank – Check and record fuel level. Visual inspection for damage, fuel leaks and signs of water entry (if applicable).

4.6 Engine Fuel Priming Pump – Inspect for leaks (if applicable).

4.7 Fuel Pressure – Check fuel pressure while engine is running and record if an external gauge is present.

5.0 LUBE OIL SYSTEM

5.1 Oil Level – Check for proper oil level and contamination of oil on level gauge. Check for external oil leaks.

5.2 Oil Pressure – Check and record engine oil pressure while engine is running if an external gauge exists.
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5.3 Crankcase Breather – Visual inspection for damage leaks and excessive blow-by while the engine is running.

5.4 Oil Sampling – Obtain oil sample for laboratory analysis; TBN check for extended oil change intervals (if applicable).

6.0 ENGINE STARTING SYSTEM

6.1 Batteries – Maintain electrolyte level, clean and tighten post connections as needed, Battery analyzer test and record voltage drop while engine is cranking for lead acid batteries.

6.2 Battery Charger – Verify proper float and boost operation, adjust float to match battery type where applicable, and inspect for loose and deteriorated wiring.

6.3 Starter Motor – Verify connections are tight and clean. While cranking listen for abnormal engagement and cranking noises. Check amperage draw while cranking and record findings.

6.4 Charging Alternator – Check belts for looseness and deterioration, record DC voltage during engine operation and record maximum amperage output; compare with specifications.

7.0 CONTROL PANEL

7.1 Start Controls – Check manual/auto start switch for proper operation. Check automatic start function and return to the “auto” position after testing; record position of manual/auto switch after testing (if applicable).

7.2 Metering – Verify that the voltage and engine parameter gauges function while engine is operating, record the readings of each after engine operation has stabilized (if applicable).

7.3 Emergency stop – Test for proper operation and annunciation; return switch to run position and record switch position after testing (if applicable).

7.4 Remote Annunciator – Lamp test to check for presence of DC voltage and correct lamp operation (if applicable).

7.5 Control panel-operation and test.

7.6 Safety Shutdowns – Test for proper safety shutdown operation and annunciation (if applicable).

8.0 GENERATOR MECHANICAL (if applicable)

8.1 Space Heaters – Check for proper operation (if applicable). 172 of 401

8.2 Generator – visual Inspection of generator for foreign material, dirt, and grease/oil accumulation.

8.3 Vibration Isolators – Check for proper adjustment and condition of mounting hardware. Visual inspection of generator set for movement while starting.

8.4 Main Circuit Breaker – Open and close circuit breaker; record breaker position after testing.

9.0 AUTOMATIC TRANSFER SWITCH (if applicable) - (inspection includes one ATS) 9.1 Monitor source voltage indicators while engine is running.

9.2 Perform visual inspection of inside the ATS, with proper personal protective clothing on, and check for hot spots with infrared thermometer if proper ARC flash study has been performed.

9.3 With customer approval, perform building load test and observe ATS operation until engine cool down and shutdown sequence occurs.

Level 2 PM (includes items listed in Level 1 PM. Recommended annually)

10.0 COOLING SYSTEM

10.1 Coolant – Obtain coolant sample for level two laboratory analysis.

10.2 Radiator Cap – Pressure test radiator cap for proper operation

10.3 Radiator – Pressure test radiator (if applicable).

11.0 FUEL SYSTEM

11.1 Fuel – Obtain fuel sample from main tank for laboratory analysis (if applicable).

11.2 Filters – Replace engine fuel filters (if applicable).

12.0 LUBE OIL SYSTEM

12.1 Oil – Replace engine oil and record level after engine testing (unless approved for extended intervals)

12.2 Filters – Replace engine oil filters.

13.0 STARTING SYSTEM
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13.1 Magnetic Pickup Sensor – Remove sensor and clean. Reinstall sensor and set to the proper depth. Record voltage output while engine is running (if applicable).

13.2 Starter Motor - On units with multiple starters verify each starter operates properly.

13.3 Replace batteries at 3 year intervals.

14.0 GENERATOR MECHANICAL (if applicable)

14.1 Exciter/PMG – Check and record exciter clearance if accessible.

14.2 Conductors – Check AC conductors for insulation damage within the marshaling box.

14.3 Bearing – Lubricate generator bearings (if applicable).

Cooling System Service (Recommended every three years)

15.0 AIR INDUCTION AND EXHAUST SYSTEM

15.1 Separate Circuit Aftercooler (if applicable) – Drain coolant and flush the aftercooler system with fresh water (or chemicals if applicable). Replenish aftercooler system with new coolant and purge air from system when full.

16.0 COOLING SYSTEM

16.1 Coolant – Drain coolant, and flush up to 4 times with fresh water (and/or chemicals if applicable) until flush water clears. Replenish cooling system with new coolant and purge system of air when full.

16.2 Hoses and Connections – Replace all cooling system hoses including jacket water heater hoses; for all connections using worm-gear clamps replace clamps as needed.

16.3 Fan Belts – Replace engine fan belts; after final operational check the unit to verify belt tension.

16.4 Temperature Thermostats – Replace engine cooling system thermostats and seals.

16.5 Fan – Check for broken fan blades and foreign debris.

17.0 ENGINE STARTING SYSTEM

17.1 Charging Alternator – Replace alternator belt(s).

Resistive – Resistive/Reactive Load Bank Testing (Recommended annually) 174 of 401

18.0 RESISTIVE / REACTIVE LOAD BANK TEST

18.1 Connect load bank to generator output

18.2 Start engine and record baseline readings (Engine: Oil Pres, Water temp, Fuel pressure, RPM, D.C. Voltage, & Exhaust temp.

Generator: A.C. Voltages across all phases, Amperage @ each phase, Frequency, Power, Power Factor, & Ambient
temp.)

18.3 Apply load to generator at required levels and at required intervals. Monitor unit and recording readings at required
intervals for duration of load bank test.

18.4 Complete Load Bank Data Sheet and provide copy to customer.

REV 2 B.W. 3.18.28
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01222.0001/643601.1 1

CITY OF LIVINGSTON

CONTRACT PROFESSIONAL SERVICES AGREEMENT
THIS CONTRACT PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and entered into on September 2, 2025, by and between the CITY OF LIVINGSTON, a municipal corporation (“City”) and Holt of California CAT (herein “Consultant”).

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

1.5 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.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of $106,588.06 Dollars “One Hundred-Six Thousand, Five Hundred, EightyEight Dollars and Six Cents”. 176 of 401
2 2.2 Invoices. Annually Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C” and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant 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 Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant 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 any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. 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 Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. 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.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the 177 of 401
3 fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for 1 additional one-year terms.]

4. COORDINATION OF WORK

4.1 Representative of Consultant. Bonnie Terry is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. City Manager [or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).

4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.

5. INSURANCE AND INDEMNIFICATION
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4 5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant 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. Consultant 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 $1,000,000 per occurrence, $2,000,000 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. Consultant 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 Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(d) Subcontractors. Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverage for subcontractors shall include all of the requirements stated herein. (e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage 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.
(b) Duration of coverage. Consultant 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 Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant 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 179 of 401
5 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.
(d) 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 Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant 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 Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. 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. Consultant 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.
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6 (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 Consultant’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. Consultant 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 Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’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. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant 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.

5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole 181 of 401
7 negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies 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 Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer 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.

6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer 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 Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant 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 thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other 182 of 401
8 materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.

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. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern District of California.

7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

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.

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, 183 of 401
9 except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

8. MISCELLANEOUS

8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that 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. Consultant shall take affirmative action to ensure 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

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, 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 Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.3 Notice. 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 Contract Officer (with her/his name and City title), City of Livingston, 1416 C Street, Livingston, CA 95334, and in the case of the Consultant, 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. 184 of 401
10 8.4 Integration; Amendment. 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. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of 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 portions 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.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. 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.

8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

8.8 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.

8.9 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.

8.10 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. Consultant 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 185 of 401
11 result or consequence of obtaining or being awarded any agreement. Consultant 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. Consultant 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.

Consultant’s Authorized Initials _______

8.11 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.
[Signatures On The Following Page]
186 of 401
12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF LIVINGSTON, a municipal
corporation

Jose Antonio Ramirez, City Manager
ATTEST:

Monica Cisneros, Deputy City Clerk
APPROVED AS TO FORM:

BURKE, WILLIAMS & SORENSEN, LLP

Marc Barraza Tran, City Attorney
CONSULTANT:

Holt of California CAT

By:

Name: Paul Sinogui
Title: Vice-President, Engine Division
Holt of California
By:

Name:

Title:

Address: 3850 Channel Drive West
Sacramento, CA 95691-3443 or P.O. Box
X- Sacramento CA 95813
Two corporate officer signatures required when Consultant 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. CONSULTANT’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 CONSULTANT’S BUSINESS ENTITY. 187 of 401
01222.0001/643601.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following services:

A. Services as outlined on the Holt of California Proposal titled Annual Level 2 PM Service dated February 27, 2025
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Deliverables as outlined on the Holt of California CAT Proposal dated February 27, 2025
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City updated of the status of performance by delivering the following status reports:

A. Invoices of services and recommended repairs needed to be performed to the emergency generators.

IV. All work product is subject to review and acceptance by the City and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:

A. Personnel required to perform Annual Level 2 PM Services on City of Livingston Emergency Generators outlined on the Holt of California CAT proposal dated February 27, 2025.
188 of 401
01222.0001/643601.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Not Applicable
189 of 401
C-1
01222.0001/643601.1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:

This P:.\I Agreement includes a 5% Parts and Labor discount through Caterpillar's contrac 092222-CAT or #120617 \\itl1 Source well Pro2rnm.
i\:e-ar 202
Eme1·genn Genen1tor, Caterpillar, Tank ite
Pat1s - oil filters, and oil & coolant amples
Misc - mileage, envit·onrnentaL and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Eme1·g~enn Genernto1·, Blue Star, W'\VTP
Pat1s - oil filters, and oil & coolant samples
Misc - mileage, envirnnrnental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
E.me1·genn Generntm·, Cummins,. " "' 'TP
Pat1s - oil filters, and oil & coolant samples
Misc - mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
E.mergenn Gt:'11ernto1·, Generac. \Vell#15
Palis - oil, filters, and oil & coolant amples
Misc - mileage, environmental, and misc fees
CA Tax.Rate (7.75%)
Labor
Annual Level 2 PM Service
:.\ifodel #3208
Sub-total
l\ifodel #VD125
Sub-total
Model #SOODFEK
Sub-total
:.\,fodel #99A01271
Sub-total
S J : 3KJ00769
$ 365.00
$ 29].43
$ 656.43
$ 50.87
$ 1 755.60
$2,462.90
S J : 124,494-1-1
$ 7 ]5.00
$ 302.25
$ 1 017.25
$ 78.84
$1,426.43
$ 2 522.52
S -: G030528717
$ 785.00
$ 310.33
$ 1 095.33
$ 84.89
$ 1 755.60
2 935.82
S J: 2046642
$ 275.00
$ 284.09
559.09
$ 43.33
$ 1 536. 15
$ 2 138.57
190 of 401
01222.0001/643601.1
!Emergency Generator, Generac, ,vell#ll :.\lode! #1526540100 Parts - oil, filters, and oil & coolant samples
Misc - mileage. enviro1unental. and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator. MO. Police Dept :.\Ioele! #DCA-25SSIU Parts - oil, filters, and oil & coolant samples
Misc - mileage environmental and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergencv Generator, Kohler. CiO• Hall Model #SOREOZJF
Parts - oil, filters, and oil & coolant samples
Misc. - mileage, environmental, and misc. fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Generac, ,vell#l7 Model #SD250
Pa1is - oil, filters, and oil & coolant samples
Misc. - mileage, environmental, and misc. fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Cummins, 99 Lift :.\foclel #DGDB-5701473 Palis - oil, filters, and oil & coolant samples
Misc. - mileage, environmental, and misc. fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
SIN: 2062527
$ 275.00
$ 284 09
$ 559.09
$ 43.33
$ l 536 15
$ 2,138.57
SIN: 7103102
$ 135.00
$ 269.56
$ 404.56
$ 31.35
$ 987 53
$ 1,423.44
S/1\: SG~I32JVJH
$ 260.00
$ 275.19
$ 535.19
$ 41.48
$ 987.53
$ 1,564.20
S/N:3000298448
$ 540.00
$ 294.37
$ 834.37
$ 64.67
$ 1 536.15
$2,435. 19
SIN: A050732744
$ 185.00
$ 280.04
$ 465.04
$ 36.04
$ 1 536.15
$2,037.23
191 of 401
01222.0001/643601.1
!Emergency Gen erator, Cummin. \Vell#l3 :Vlodel #DODAA-7065476 Paiis - oil, filters, and oil & coolant samples
Misc - mileage enviro,unental ai1d misc fees
CA Tax Rate (7 75%)
Labor
Ammal Level 2 PM Service
Sub-total
Emergency Gen erator, Cummins. \Vell#l4 Model #DGFA-4960367 Paiis - oil, filters, and oil & coolant samples
Misc - mileage environmental and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Gen erator, Cummins. Lilac Lift Model #DSHAE-5764398 Pa1is - oil, filters, and oil & coolant samples
Misc - mileage enviromnental aI1d misc fees
CA Tax Rate (7 75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator. Cummins, \Vell#l6 Model #DSH..J\.C-5776913 Parts - oil, filters., and oil & coolant samples
Misc - mileage, euvirolllllental, aI1d misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Onan. \Yell#S Model #12Skw
Parts - oil aI1d oil & coolllllt sainples
Misc - mileage, envirolllllental, aI1d misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
S/l'i: C080167150
$ 380.00
$ 291.62
$ 671.62
$ 52.05
$ I 722.68
$2,446.35
SIN: F010247958
$ 345.00
$ 286.42
$ 631.42
$ 48.94
$ 1 536.15
$2,2 16.51
SIN: F060929625
$ 375.00
$ 288.10
$ 663.10
$ 51.39
$ I 503.23
$2,217.72
SIN: l060976578
$ 415.00
$ 290.39
$ 705.39
$ 54.67
$ I 536.15
$ 2,296.21
Sli'i: K7803 74968
$ 185.00
$ 271.81
$ 456.81
$ 35.40
$ 987.53
$1 ,479.74
192 of 401
01222.0001/643601.1
!Emer gency Generator, CAT, Co Lane Lift :.\ioclel #D60 Patis - oil, filters, and oil & coolant samples
Misc - mileage environmental and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emer gency Generator, Kohler. Corp Yarcl Moclel #80REOZJF Pa1is - oil, filters, and oil & coolant samples
Misc - mileage environmental and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Total for 2026 P:VI 2 se1Tic-es. inducling applicable taxes:

SIN: NCD00266
$ 190.00
$ 276.98
$ 466.98
$ 36.19
$ 1 316.70
$ 1,8 19.87
SIN: SG:.\132JVJJ
$ 260.00
$ 276.83
$ 536.83
$ 41.60
$ 1 097.25
$1,675.68
$33 810.52
Prices mentioned do not indnde applicable taxes. l'epairs outside the scope of the Planned l\Iaintenance senices. Ol' overtime pr emiums.
[his P:\I Agreement inclucles a 5% Parts ancl Labor cliscount through Caterpillar's conn-act #Q92222·C ..\J or .#}20617 "itb Source ,re]) Prognun.

Year 2027
Emei-gency Generator. Caterpillar. Tank Site
Parts - oil, filters, and oil & coolant samples
Misc - milea&e enyjronmentaL and misc fees
CA Tax Rate (7.75%)
LabQT
Annual Level 2 PM Service
Eme1·gency Generator. Blue Stai·, \Y\YTP
Parts - oil, filters, and oil & coolant samples
Misc milea&e enyjronmentaL and misc fees
CA Tax Rate (7.75%)
LabQT
Annual Level 2 PM Service
:Vlodel #3 208
Sub-total
:.\'lode! #VD125
Sub-total
S 1 ·: 3KJ 00769
$ 383.25
$ 301.01
$ 684.26
$ 53.03
$1,843.38
$ 2,580.67
S ·: 124494-1-1
$ 750.75
$ 317 36
$1,068. 11
$ 82.78
$ 1,497 75
$ 2,648.64
193 of 401
01222.0001/643601.1
IEmergencv Generator, Cummins. \V\VTP
Parts - oil, filters, and oil & coolant samples
Misc - mileage. envirorunentaL and misc fees
CA Tax Rate (7 75%)
Labor
Annual Level 2 PM Service
Emeroencv Generator, Generac. \Vell#lS
Parts - oil, filters, and oil & coolant samples
Misc - mileage. environmental and misc fees
CA Tax Rate (7 75%)
Labor
Annual Level 2 PM Service
Emeroencv Generator, Generac. \Vell#ll
Parts - oil, filters, and oil & coolant samples
Misc - mileage, em,irorunental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Emergency Generator, MO. Police Dept
Parts - oil, filters, and oil & coolant samples
Misc - mileage, em,ironmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Emergencv Generator, Kohler. City Hall
Parts - oil, filters, and oil & coolant samples
Misc - mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
:\fodel #SOODFEK
Sub-total
:\fodel #99A01271
Sub-total
:\'lode! #1526540100
Sub-total
S/1',: G030528717
$ 824.25
$ 325.85
$1,150.10
$ 89.13
$ I 843.38
$3,082.61
S/l',:2046642
$ 288.75
$ 298.30
$ 587.05
$ 45.50
$ 1 612.96
$2,245.5 1
S/N: 2062527
$ 288.75
$ 298.30
$ 587.05
$ 45.50
$ l 612.96
$2,245.5 1
Model #DCA-25SSn; S/K: 7103102
$ 141.75
$ 283.04
Sub-total $ 424.79
$ 32.92
$ 1 036.90
$1,494.61
Model #SOREOZJF S/K: SGM32JVJH
$ 273.00
$ 288.95
Sub-total $ 561.95
$ 43.55
$ l 036.90
$1 ,642.40
194 of 401
01222.0001/643601.1
!Emer gency Generator, Generac, ,veU#l 7 Model #SD250
Parts - oil, filters, and oil & coolant samples
Misc - mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Cummins, 99 Lift '.\'Ioele! #DGDB-5701473 Pa1is - oil, filters, and oil & coolant samples
Misc - mileage environmental and misc fees
CA Tax Rate (7 75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Cummin, ,veU#l3 '.\'.lode! #DODA.A-7065476 Pa1is - oil, filters, and oil & coolant samples
Misc - mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Cummins, ,veU#l4 Model #DGFA-4960367 Pa1is - oil, filters, and oil & coolant samples
Misc - mileage, environmental, and misc fees
CA Tax Rate (7 75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Cummins, Lilac Lift Model #DSHAE-5764398 Pa1is - oil, filters, and oil & coolant samples
Misc - mileage, enviro1unental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
S/N:3000298448
$ 567.00
$ 310.82
$ 877.82
$ 68.03
$ 1 612.96
$2,558.81
SIN: A.050732744
$ 194.25
$ 294.04
$ 488.29
$ 37.84
$ 1 612.96
$2,139.09
SIN: C080167150
$ 399.00
$ 306.20
$ 705.20
$ 54.65
$ 1 808.82
$2,568.67
SIN: FOl0247958
$ 362.25
$ 301.60
$ 663.85
$ 51.45
$ 1 6 12.96
$ 2,328.26
SIN: F060929625
$ 393.75
$ 302.50
$ 696.25
$ 53.96
$ 1 578.39
$ 2,328.60
195 of 401
01222.0001/643601.1
Emergency Generator, Cummins. \Vell#l6 Model #DSHAC-5776913 Paiis - oil, filters, and oil & coolant samples
Misc - mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Onan, \Vell#S Model #125lnv
Pa1is - oil and oil & coolant sainples
Misc - mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, CAT. Co Lane Lift ::Vlodel #D60
Paiis - oil, filters, and oil & coolant samples
Misc - mileage environmental and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Kohler. Corp Yard Model #SOREOZJF
Paiis - oil, filters, and oil & coolant samples
Misc - mileage environmental and misc fee5
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
SIN: 1060976578
$ 435.75
$ 304.91
$ 740.66
$ 57.40
$ l 6 12.96
$2,411.02
SIN: K780374968
$ 194.25
$ 285.40
$ 479.65
$ 37.17
$ 1 036.90
$ 1,553.72
SIN: NCD00266
$ 199.50
$ 290.82
$ 490.32
$ 38.00
$ 1 382.54
$ 1,9 10.86
Sir\: SG::VI32JVJJ
$ 273.00
$ 290.68
$ 563.68
$ 43.69
$ 1 152.11
$ 1,759.48
iiotal for 2027 P::\I 2 se1Tices, including a ~>_l_ic_a_b_l_e_t_ax_·e_s_: ______ $_3_5_.,4_9_8_._4_,6 P1ices mentioned do not indnde applic.able taxes. repau-s ontsicle the sc.ope of the Planned l\fainfenance sen-ices. o.- onrtime oremiums.
196 of 401
01222.0001/643601.1
ffhis P:\1 Agreement includes a s0 o Parts and Labor discount through Caterpillar's contract li.-.092222-C-AT or '1120617 " i th Source well Program. ear· 2028:

Emer gency Generator. Caterpillar, Tank Site :\lode! #3208 Parts - oil, filters, and oil & coolant samples
Misc - mileage environmental and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Senice
Sub-total
Emer gency Generator, Blue Sta r. \YWTP :\lode! #YD125
Parts - oil, filt.ers, and oil & coolant samples
Misc mi)eaie emjronmental and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Cummins, \V\YIP :Model #SOODFEK
Parts - oil, filters, and oil & coolant samples
Misc - mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Generac, \Vell#IS :\'lode! #99A01271 Pa1is - oil, filters, and oil & coolant samples
Misc - mileage environmental and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
sn-: 3KJ00769
$ 402.41
$ 371.31
$ 723.72
$ 56.09
$ l 935.55
$2,715.36
SIN: 124494-1-1
$ 788.29
S 333 23
$ 1,121.52
$ 86.92
$ 1 577.63
$2,781.07
SIN: G030528717
$ 865.46
$ 342.14
$ 1,207.60
$ 93.59
$ 1 935.55
$ 3,236.74
S/N:2046642
$ 303.19
$ 313.21
$ 6 16.40
$ 47.77
$ 1 693.61
$2,357.78
197 of 401
01222.0001/643601.1
Emer gency Generator, Generac, \Vell#ll :Vloclel #1526540100 Pa1is - oil, filters, and oil & coolant samples
Misc - mileage, envirnnmental, and misc fees
CA Tax Rate (7 75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, MO, Police Dept Model #DCA-25SSIU
Pa1is - oil, filters, and oil & coolant samples
Misc - mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Kohle1·, City Hall Model #SOREOZJF Pa1is - oil, filters, and oil & coolant samples
Misc - mileage, envirnnmental, and misc fees
CA Tax Rate (7 75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generntor, Genernc. \Vell#l 7 )lode! #SD250
Parts - oil, filters, and oil & coolant samples
Misc - mileage, environmental. and 111.isc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergencv Generator, Cummins, 99 Lift )Ioele! #DGDB-5701473 Pa1is - oil, filters, and oil & coolant samples
Misc - milea11:e environmental and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Ser..,-ice
Sub-total
SIN: 2062527
$ 303.19
$ 313.21
$ 616.40
$ 47.77
$ 1 693.61
$ 2,357.78
S/rli: 7103102
$ 148.84
$ 297.19
$ 446.03
$ 34.57
$ 1 088.75
$ 1,569.35
Str-i: SGM32JVJH
$ 286.65
$ 303.39
$ 590.04
$ 45.73
$ 1 088.75
$ 1,724.52
S/Jli: 3000298448
$ 595.35
$ 326.36
$ 921.71
$ 71.43
$ 1 693.61
$2,686.75
S~: A050732744
$ 203.96
$ 308.75
$ 512.71
$ 39.74
$ 1 693.61
$ 2.246.06
198 of 401
01222.0001/643601.1
!Emergency Generator, Cummin, \Vell#l 3 :vlodel #DODA.A-7065476 Pa1is - oil, filters, and oil & coolant samples
Misc - mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Cummins, \Vell#l 4 Model #DGFA-4960367 Pa1is - oil, filte,rs, and oil & coolant samples
Misc - mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Cummins. Lilac Lift Model #DSHAE-5764398 Paiis - oil, filters, and oil & coolant samples
Misc - mileage, environmental, ai1d misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Service
Sub-total
!Emergency Generator, Cummins. \Vell#l6 Model #DSHAC-5776913 Pa1is - oil, filters, and oil & coolant samples
Misc - mileage, environmental, and misc fees
CA Tax Rate (7.75%)
Labor
Annual Level 2 PM Sen-ice
Sub-total
Emergency Generator, Onan, \Vell#S Model #125h,v
Pa1is - oil ai1d oil & coolant san1ples
Misc - mileage, environmental, and misc fees
CA Tax Rate (7 75%)
Labor
Annual Level 2 PM Sen,ice
Sub-total
S~ : C080167150
$ 4 18.95
$ 321.51
$ 740.46
$ 57.39
$ 1 899.26
$2,697. 11
SIN: F0I 0247958
$ 380.36
$ 316.68
$ 697.04
$ 54.02
$ 1 693.61
$2,444.67
SIN: F060929625
$ 413.44
$ 317.63
$ 731.07
$ 56.66
$ 1 657.3 1
$2,445.04
SIN: 1060976578
$ 457.54
$ 320.16
$ 777.70
$ 60.27
$ 1 693.61
$ 2,53 1.58
SIN: K780374968
$ 203.96
$ 299.67
$ 503.63
$ 39.03
$ I 088.75
$1,63 1.41
199 of 401
01222.0001/643601.1
II. Not Used
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.

IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

Emergency Generator, CAT. Co Lane Lift :Vlodel #D60
Paiis - oil, filte.rs, and oil & coolai1t samples
Misc - mileage enviro1une11tal aiid misc fees
CA Tax Rate (7 75%)
Labor
Annual Level 2 PM Service
Sub-total
Emergency Generator, Kohler. Corp Yard Model #SOREOZJF
Paiis - oil, filters, and oil & coolant samples
Misc - mileage enviromnental aiid misc fees
CA Tax Rate (7.75%)
Labor
Almua1 Level 2 PM Service
Sub-total
;i-otal for 2028 P::VI 2 se1Tices. inducling applicable taxes:

SIN: NCD00266
$ 209.48
$ 305.37
$ 514.85
$ 39.90
$ 1 451.66
$2,006.41
SIN: SG:.\132JVJJ
$ 286.65
$ 305.21
$ 591.86
$ 45.87
$ 1 209.72
$1 ,847.45
$37 279.08
P1ices mentioned do not include applicable taxes. repairs outside the sc.ope of the Planned i\Iaintenance senices. or overtime premiums.
200 of 401
01222.0001/643601.1
V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

VI. Consultant’s billing rates for all personnel are attached as Exhibit C-1. 201 of 401
D-1
01222.0001/643601.1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:

Not Applicable
202 of 401

STAFF REPORT
AGENDA ITEM: Resolution Of The City Council Of The City Of Livingston Authorizing The Disposal Of City Surplus Items
MEETING DATE: September 02, 2025
PREPARED BY: John Ramirez, Interim Chief of Police

REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends the City Council adopt a resolution Authorizing the Disposal of City Surplus Items.

BACKGROUND AND DISCUSSION:

The City of Livingston replaces outdated old furniture and equipment. The equipment which is no longer needed is kept for a short time in the event it is of value later. Ordinance 316 (1987) dictates the procedure for releasing the items from City ownership.

When a department finds surplus property, it can dispose of the property by:

1. Assignment to a new department by property transfer;

2. Public auction;

3. Sale to the highest bidder after advertisement;

4. Scrap materials designated surplus property may be disposed of on an ongoing basis, as necessary, through direct sales, informal bid process, contract negotiations or sealed bids.

The Police Department needs to get rid of old antiquated gym equipment, miscellaneous computer equipment, and electronics. The majority of the gym weights will be donated to a non-profit organization, and the remaining weights will be disposed of. The miscellaneous computer equipment and electronics will be disposed of at no cost by Mid Valley IT.

FISCAL IMPACT:

Minimal fiscal impact to take the surplus items to the local landfill.

ATTACHMENTS:

A. List of surplus items (174 total items)
B. Resolution
203 of 401
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING

THE DISPOSAL OF CITY SURPLUS ITEMS
WHEREAS, the City of Livingston has a need to dispose of old and unwanted items referred to as surplus items; and
WHEREAS, Staff has identified these surplus items are no longer needed for municipal purposes; and
WHEREAS, the City of Livingston would like to dispose of numerous items including computer equipment, antiquated gym equipment, and miscellaneous electronics; and WHEREAS, the City of Livingston will dispose of the list of surplus items in attachment A according to the Livingston Municipal Code 1-12; and
WHEREAS, the majority of the gym weights will be donated to a non-profit organization, and the remaining weights will be disposed of; and
WHEREAS, miscellaneous computer equipment and electronics will be disposed of at no cost by Mid Valley IT.

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

Section 1. Authorizes the City Manager to approve the disposal of city surplus items in Attachment A.

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 2nd day of September 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
204 of 401
____________________________________
Marc Tran, City Attorney
of the City of Livingston
205 of 401
Description Model Serial Asset Tag Quantity
hp printer cc471a cnccc7c2kt02168 1
amtec tower amd64 athlon x2
publicworks 1
dell desktop d11s btbb8c2/25717124594 2125 1
dell desktop d11s dj58d92/29455816214 2126 1
dell desktop d11s btfh8c2/25724122994 1
coby monitor ledtv1256 1021377-2002842 2146 1
motorola maxtrac d35mwa5gb7ak 438asq1637 1
rsa tokens batch 786255-40-20 114631105 4
western digital hd wd5001aals wcayu8890000 1
western digital hd wd5000aakx wcc2e3yzsv2z 1
antec desktop intel core i5 2195 1
viewsonic vs11869 qrb091300053 1
rack server 45223 1452253 2284 1
hp enterprise rack server p06453-b21 mxq909028k 1
box of cables, cut network, power,
misc, power adapters 1
rack metal parts excess 11
wireless keyboards 3
broken wired keyboard 4
rsa tokens 43599247-43603381 5
broken wireless mouse 1
broken wires mouse 1
western digital hd wd5000aaks wmasy5041657 1
boxed ac adapters 7
car lighter power adapters 3
simrex corp data movers dm-ess-ii-er 2610039 1
simrex corp data movers dm-ess-ii-er 2610036 1
simrex corp data movers dm-ess-ii-er 2610042 1
thermaltake power supply ps-spd-0700npcwus-1 1
206 of 401
ibis device ibis-extreme aek301103149 1
Eaton 5p rack mounted UPS 5P550R G127H33129 1 CH
Dell LCD Monitor (small) E153FPc CN-0C5369-64180-46U-1USC 2194 1 PW hp printer BOISB-0801-00 JPBF944430 2259 1 PD
hp printer W1A52A PHBC310790 1 PD
Sierra Wireless modem AirLink GX440 2 PD
Sierra Wireless modem AirLink GX450 4 PD
HP ProLiant MicroServer Gen8 TPS-W003 MX264800GG 1 PW
Dell Server PowerEdge R530 6D6H382/13857629330 1 CH
HP LaserJet Pro M404n W1A52A VND3C00173 1 PD
View Sonic monitor VS11869 QRB091300273 2239 1 PD
View Sonic monitor vs11869 QRB091300631 1 PD
Dell hard drive WD250ABYS-18B7A0 WCAT19923431 1 PD
Dell hard drive WD250ABYS-18B7A0 WCAT19916655 1 PD
Dell hard drive WD250ABYS-18B7A0 WCAT19907293 1 PD
Dell hard drive WD250ABYS-18B7A0 WCAT19917262 1 PD
Dell hard drive WD250ABYS-18B7A0 WCAT19916652 1 PD
Dell hard drive MBB2147RC BS03P940709A 1 PD
western digital hd WD2502ABYS-02B7A0 WCAT1E611457 1 PD
western digital hd WD740GD-00FLAT WMAKE1698778 1 PD
western digital hd WD740GD-00FLAT WMAKE1774672 1 PD
western digital hd WD740GD-00FLA1 WMAKE1762767 1 PD
western digital hd WD10EACS-00ZJB0 WCASJ2209583 1 PD
western digital hd WD5000AACS-00G8B1 WCAUK0381472 1 PD
Seagate hd ST3750640NS 5QD2PLDZ 1 PD
Seagate hd ST3750640NS 5QD2D3VE 1 PD
Seagate hd ST3750640NS 5QD2QRQV 1 PD
Seagate hd ST3750640NS 5QD2D5YC 1 PD
D Link Ethernet Switch DGS-2205 P1BH48A022733 1 PD
Hitachi hd HDS722020ALA330 YAH7LWPV 1 PD
Hitachi hd HDP725050GLA360 RF3YKLME 1 PD
207 of 401
Dell hard drive MBB2147RC BS03P94070YW 1 PD
Dell hard drive MBB2147RC BS03P9407022 1 PD
Dell Laptop Computer Latitude D520 CN-0NF743-48643-6AC-1180 1 PD Dell Laptop Computer Latitude D520 CN-0NF743-48643-6A6-3191 1 PD Dell Laptop Computer Inspiron 9400 9293878189 1 PD
Motion Computing Tablet T006 00303694-LE1700 02214 1 PD Sony laptop computer Vaio PCG-981L A2222YMS 1095 1 PD
MSI Laptop computer MS-16J1 GE62-2QF-219USK1506000181 1 PD Axiom hd AXHD5007235A33D 18357-0044731 1 PD
Dell monitor
CN-04RDG9-TV200-7BG-33VBA01 1 PD
Dell monitor
CN-04RDG9-TV200-7BG-31XBA01 1 PD
Cisco Netwrork Switch 5505 Series JMX132500YF 1 PD
Master Touch Axillary Power Switch MT-6 1 PD
NEC Computer Monitor EA192M-BK 17134869TA 22322 1 PD
IBM Typewriter 10500006057982 00890 1 PD
Panasonic Toughbook Laptop CF31 5FKSA30460 02116 1 PD
Gamber-Johnson mount 7160-0318-06 AH16715AAT029 1 PD
Power conrol box 1749 1 PD
Power conrol box 1644 1 PD
Coban hd TCB0486811 1 PD
Coban hd TCB0487062 1 PD
Coban hd TCB0487476 1 PD
Coban hd TCB0486825 1 PD
Coban hd TCB0473512 1 PD
Coban hd TCB0487611 1 PD
HV01 Server HPE Proliant DL360 MXQ0350JRP
P19777-
B21 1 CH
HP Computer Prodesk 8CG7251VNF 2322 1 CH
208 of 401
Nautilus Leg Extension/Curls 1698
1 PD
Nautilus Bench Press 16851 PD
Nautilus Tricep Extension 16861 PD
Nautilus Fly Machine 16871 PD
Nautilus Incline Overhead Press 16891 PD
Nautilus Preacher Curl Machine 10891 PD
Nautilus Compound Row Machine 10871 PD
Nautilus Lateral Raise Machine 10821 PD
Life Stepper Stair Stepper Machine 16961 PD
Life Fitness Treadmill 16941 PD
Paramount Fitness Leg Press Machine none1 PD
Sony TV 16971 PD
None Rubber Mats none 16 PD
Body Masters Weight Rack 16991 PD
None TV Stand none1 PD
None Misc Weights none 24 PD
Power Strength Incline Bench none1 PD
209 of 401

STAFF REPORT
AGENDA ITEM: Resolution (1) Authorizing the City Manager to Execute a Professional Service Agreement with Subsurface Technologies, Inc. to Provide Rehabilitation to Well 9 in an Amount Not to Exceed $116,035.00 from the Water Enterprise Fund, (2) Waive Formal Bidding Requirements as Outlined in Section 1-11-6, and (3) Authorizing the City Manager to Execute all Required Documents.

MEETING DATE: September 2, 2025
PREPARED BY: Anthony Chavarria, Public Works Director
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution (1) Authorizing the City Manager to execute a professional service agreement with Subsurface Technologies Inc. to provide rehabilitation to Well 9 in an amount not to exceed $116,035.00 from the Water Enterprise Fund, (2) Waive formal bidding requirements as outlined in Section 1-11-6, and (3) authorizing the City Manager to execute all required documents.

BACKGROUND:

Founded in 1987, Subsurface Technologies has established itself as a preeminent expert in well rehabilitation and preventative maintenance across the United States and internationally over the past 35 years. The company is a pioneer in employing innovative and clean technologies to rehabilitate and preserve wells.

Well 9, located at the intersection of White Avenue and Crowell Street, is a vital component of our water system. Drilled in 1985, it reaches a depth of 503 feet and has an output capacity of 1,100 gallons per minute. It is constructed with an 18-inch diameter steel casing down to 324 feet and features a total of 71 feet of perforated casing. The gravel pack within the well extends from 100 to 324 feet, ensuring efficient water filtration and flow.

Since 2021, operational staff have encountered issues with Well 9 during the summer months, from late July through early September. The well frequently experiences suction breaks, leading to air being drawn into the system and resulting in water with a milky appearance. This air disperses after allowing the water to sit for 20 to 30 seconds. To mitigate this issue, we have been reducing the Well’s production from 1,000 gallons per minute to 700 gallons per minute during these times. Despite this reduction, Well 9 remains a crucial, reliable source of additional water, helping to maintain consistent water pressure and availability citywide.

DISCUSSION:

By collaborating with Subsurface Technologies, staff aims to restore Well 9 to its full production capacity of +1,100 gallons per minute. Subsurface Technologies' advanced techniques and expertise in well rehabilitation will play a key role in achieving this goal, ensuring the well's continued contribution to 210 of 401
the City's water supply system. In addition to well-rehabilitated efforts, our staff is committed to enhancing the overall reliability of the City's water system. This involves several proactive measures:

1. Well Efficiency Testing: Regular assessments are conducted to ensure wells operate at peak efficiency, identifying and addressing issues before they escalate.

2. Annual Preventative Maintenance and Inspection: We have implemented a routine for the Motor Control Centers that includes comprehensive preventative maintenance and inspections to prevent unexpected failures and extend equipment lifespan.

3. Critical Inventory Supply List: A strategic inventory list has been developed to ensure that critical parts and supplies are readily available, minimizing downtime in case of repairs. Through these measures, we aim to increase resiliency in our water supply system, supporting sustainable water management practices and securing reliable water resources for our community.

SOLE SOURCE:

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

Subsurface Technologies and their Aqua Freed and Aqua Gard processes and related equipment utilize preventative maintenance systems that are protected under United States Patent Number 11,225,853, which was granted on January 18, 2022. This patent provides intellectual property rights that secure the proprietary nature of the Aqua Freed and Aqua Gard systems and their associated processes. Attached to this report is the Sole Source letter provided by Subsurface Technologies, demonstrating that the Aqua Gard preventative maintenance systems are exclusive to their patented technologies. Given this patent protection and the sole source designation, procurement and maintenance activities must adhere to the relevant procurement policies to ensure compliance and protect the intellectual property rights involved.

FISCAL IMPACT:
$116,035.00 Expended from the approved FY2025/FY2026 budget from the Water Enterprise Fund (2100-810-7445).

ATTACHMENTS:

1. Resolution No. 2025-

2. Subsurface Technologies Informational Packets

3. Subsurface Technologies Inc. Proposal

4. Subsurface Technologies Sole Source Letter

5. Professional Service Agreement
211 of 401
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1)

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT WITH SUBSURFACE TECHNOLOGIES, INC. TO PROVIDE REHABILITATION TO WELL 9 IN AN AMOUNT NOT TO EXCEED $116,035.00 FROM THE WATER ENTERPRISE FUND, (2) WAIVE FORMAL BIDDING REQUIREMENTS AS OUTLINED IN SECTION 1-11-6, AND (3) AUTHORIZING THE CITY MANAGER

TO EXECUTE ALL REQUIRED DOCUMENTS
WHEREAS, founded in 1987, Subsurface Technologies has established itself as a preeminent expert in well rehabilitation and preventative maintenance across the United States and internationally over the past 35 years; and
WHEREAS, Well 9, located at the intersection of White Avenue and Crowell Street, is a vital component of our water system; and
WHEREAS, during the summer months Well 9 frequently experiences suction breaks, leading to air being drawn into the system and resulting in water with a milky appearance; and WHEREAS, to mitigate this issue, we have been reducing the Well’s production from 1,000 gallons per minute to 700 gallons per minute during these times; and WHEREAS, despite this reduction, Well 9 remains a crucial, reliable source of additional water, helping to maintain consistent water pressure and availability citywide; and WHEREAS, by collaborating with Subsurface Technologies, staff aims to restore Well 9 to its full production capacity of +1,100 gallons per minute. Subsurface Technologies' advanced techniques and expertise in well rehabilitation will play a key role in achieving this goal, ensuring the well's continued contribution to the city's water supply system; and WHEREAS, the Livingston Municipal Code requires formal bidding procedures for all purchases over $10,000 unless the formal bidding process is undesirable, impossible, unavailing, or incongruous as determined by the City Manager; and
WHEREAS, Section 1-11-6 waiver of formal bid procedures of the Municipal Code states that formal bid procedure of items over $10,000 can only be waived if the purchase is (A) Of urgent necessity for the preservation of life, health or property, (B) Waived by Council resolution passed by at least four affirmative votes; and/or (C) Available from only one source. Sole source must be adequately justified; and
WHEREAS, Subsurface Technologies and their Aqua Freed and Aqua Gard processes and related equipment utilize preventative maintenance systems that are protected under United States Patent Number 11,225,853; and
WHEREAS, this patent provides intellectual property rights that secure the proprietary nature of the Aqua Freed and Aqua Gard systems and their associated processes; and 212 of 401
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby:

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

2. Authorizes the City Manager to execute a professional service agreement with Subsurface Technologies Inc. to provide rehabilitation to Well 9 in an amount not to exceed $116,035.00 from the approved Fiscal Year 2025/2026 budget from the Water Enterprise Fund (2100-810-7445).

3. Approves to waive formal bidding requirements as outlined in Section 1-11-6.

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

5. This Resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2025-___ is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 2nd day of September 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

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

APPROVED AS TO LEGAL FORM
________________________
Marc Tran, City Attorney
Of the City of Livingston
213 of 401
9~
~
12294 Great Plains Way Rancho
Cordova, CA 95742
subsurfacetech.com
Local: 916.869.4464
Corporate: 845.567.0695
[email protected]

SUBSURFACE

TECHNOLOGIES
214 of 401
We offer a combination of
services to protect the longterm health of your water wells 9 Aqua Freed®
This state-of-the-art well rehabilitation
process involves the use of carbon
dioxide. The combination of gaseous and
liquefied carbon dioxide with water
creates both a chemical and physical
energy that cleans the well of mineral
deposits and other biological materials.
9 Aqua Gard®
Aqua Gard""has the unique ability to
provide for proactive annual treatments
with limited disruption, by retrofitting your
wellhead to allow for the controlled
injection of carbon dioxide with the pump
in place. Our proactive approach keeps
wells operating efficiently and prevents
problems before they become major
issues.

Client Testimonials
" "The City of Winters used Aqua Freed®
to rehabilitate 2 of our 5 groundwater
Wells in 2017. Since then with the
implementation of Aqua Gard®
Maintenance Program, Wells have
maintained pumping efficiency at a
lower pumping cost. Time down for
annual maintenance is fast also, 2-3
days. We are looking forward to
adding our other 3 Wells into the Aqua
Gard®Maintenance Program."
-Tony Luna
Water Operations Supervisor
City of Winters
" "Since implementing the program Middlesex Water has seen a dramatic improvement in the wells. The wells
that were under pumping based on
their design are either meeting or
exceeding their pumping levels after
redevelopment. Having the well
development program and annual
Aqua Gard(")treatment has improved
the performance of our wells and well
water quality."
- John Lihvarcik
Production Superintendent,
Middlesex Water Company
215 of 401
www.nature.com/scientificreports
scientific reports
OPEN
(,a) Check for updates
Carbon utilization and storage
through rehabilitation
of groundwater wells
VivekV. Pati1 Cl!)1 t,::ll, Gabriella Basso2
, Steven Catania2
, ChristopherCatania2,
Timothy Ostapuk3 & Robert Vince 4
- -- --~ -- __ :

According to the Intergovernmental Panel on Climate Change (IPCC) of the United Nations (UN), rise in atmospheric concentration of carbon dioxide (COi) due to anthropogenic factors is considered as the primary driver for global climate change. With almost every major corporation around the world working towards their "net-zero goals", it is becoming incre11singly important to have more technologies that can help reduce carbon footprint. Achieving sequestration of CO2 in the subsurface through Carbon Capture Utilization and Storage (CCUS) technologies like COi-Enhanced Oil Recovery, CO2-Enhanced Geothermal Systems, CO2-Enhanced Coal Bed Methane, etc. is well accepted. We introduce yet another attractive CCUS opportunity through well rehabilitation. Aqua Freed" and Aqua Gard" are well-known well rehabilitation and preventive well maintenance technologies that utilize (inject underground) liquid CO2 for the purpose. The goal of this study was to quantify the storage capacity of Aqua Freed" and Aqua Gard", and establish their CCUS credentials. Depending on the well being serviced, these technologies can inject up to 40 US tons of COi per well. Based on field data collection and statistical modeling, we estimated that 82-96% (median 90%) of the injected CO2 remains in the subsurface post injection. Overall, our results and analysis of the US market suggest that using COi for well rehabilitation and maintenance has a storage potential of several megatonnes of CO2 annually in the US alone.

Keywords CO2 sequestration, CCUS, Groundwater, Well rehabilitation, Climate change, Preventive well maintenance
Rise in carbon dioxide (CO2) concentration in the atmosphere due to anthropogenic activities is considered as one of the primary driver for di mate change•,?. The need to neutralize the carbon footprint and move towards 'net-zero' emissions is being widely recognizedM. The lntergovernmental Panel on Climate Change (IPCC) has reported that limiting global warming to 1.5 °C above the pre-industrial temperatures will require reaching netzero emissions globally by 20505 • Most of the major corporations in the world have accordingly set their 'net-zero' goals, which means their own timeline to becoming carbon neutral6 •

7. These ambitious goals can be achieved by
(1) transitioning to low-carbon technologies and 'green' energy sources8• 9, and/or (2) carbon offsetting, which
means removing a quantity of CO2 equivalent to one's carbon footprint ID.

One of the primary ways of carbon offsetting is by capturing CO2, either from effluent industrial streams or directly from air, and keeping il away from the atmosphere by its reuse, recycle, storage and eventually sequestration 1
1 . While there are several ways to achieve sequestration, both natLLrally and technologically (e.g. , oceanic. rock weathering, mineralization, geologic, etc.), the most promising of these methods in terms of storage capacities, timescale and environmental impact is considered the geologic sequestration of CO2 12• Before storing it away, utilizing and recycling the CO2 is often desirable and more feasible from a commercial standpoint 13• Carbon Capture Utilization and Storage (CCUS) is a bracket term used to refer to any technological process that captures, utilizes, and stores the CO2 away from the atmosphere 14. The most widely known CCUS technology is CO2-Enhanced Oil Recovery (C02-EOR), wherein CO2 is injected into the suburface to aid the tertiary recovery of crude oil that may be otherwise difficult to produce 1

5. Other known CCU
technologit!s include CO~-Enhanced Geothermal System (using CO2 as a working lluid in tead of water16) and COi- Enhanced Gas Recovery (using CO. to enhance natural gas recovery from the subsurfuce 17 ). All these 1 WSP USA Inc., South Jordan, UT 84095, USA. 2Subsurface Technologies Inc., Rock Tavern, NY 12575, USA. 3WSP USA Inc., Phoenix, AZ 85034, USA. 4
WSP USA Inc., Helena, MT 59601, USA. i>-'lemail: [email protected] Scientific Reports I (2024) 14:13838 I https:/fdoi.org/10.1038/s41598-024-64135-z narure portfolio 216 of 401
www.nature.com/scientificreports/
technologies involve injecting CO2 into the subsurface for a technological and commercial advantage. In the process, a portion of the CO2 inadvertently remains in the subsurface.

In this paper, we introduce the use of CO2 for rehabilitation and preventive maintenance of groundwater wells as anoLher CCUS opportunity. All groundwater weUs develop mineral and biological build-up over time18 , which
results in a decline in the wells capacity to produce water (specific capacity) and the water quality. The traditional approach taken by well owners has been to rehabilitate a well when its specific capacity has dropped significantly. However. studies have shown that preventive maintenance scheduled on an annual basis helps increase the longevity of the well components, maintain better water quality, and reduce long-term operational costs 1 9 .

The benefits of using CO2 on improving perfo rmance and aiding maintenance of wells have been recognized by the Oil & Ga sector. For example, Wilson and Bell20 ha\·e proposed a method of a combination ofliquid CO2, alcohol and surfactants for cleaning up well bore and near-wellbore areas of gas wells. In addition to well cleanup, CO2 has also shown to provide benefits when used as a fracturing fluid for stimulation oflow-permeability gas reservoirs21- 23•
The technology of using CO2 for groundwater well rehabilitation and maintenance has been established through the Aqua Freed' and Aqua Gard' processesl
4 •
0 that have been applied to groundwater welJ system
across the US and in some parts of Europe for over 35 years. Utilizing CO2 for well rehabilitation has proven to be advantageous over other methods (e.g .. traditional chemical and acid treatment, wire charge methods, fluid percussive methods, etc.) in terms of the well performance as welJ as the impact on water quality26 • The goal of
this study was to quantify the potential of carbon utilization and storage via CO2-powere<I well rehabilitation technologies, using the example of Aqua Freed' (AF) and Aqua Gard' (AG), with field-collected data analysis and modeling. Using field measurements and statistical modeling approaches, we first estimate the percentage of injected CO2 to get stored in the aquifer for a single well based on a data from a selected set of wells. We then apply these estimates to a larger database to estimate the total CO2 that has been stored over the past decade through these technologies. Finally. we estimate the storage potential of this CCUS technology based on the US market size of private and public groundwater wells.

COi-powered well rehabilitation process
Rehabilitation and preventive maintenance of groundwater supply wells using CO2 has been performed by Subsurface Technologies Inc. (STI) by using Aqua Freed" (AF) and Aqua Gard· (AG) respectiveJy? 4 .z5_ The method
involves controlled injection of CO2 (gaseous and liquid phases) at specific pressures and temperatures, which lends significilnl energy near the downhole area, resulting in the detachment. dissolution and removal of sediments and encrustation within the well screen and the surrounding aquifer. The general steps in the process are as follows:
l. A pre-injection pump test is conducted to determine the performance of well prior to treatment. It provides data on how the well and pump performs pre-treatment. A video inspection of the well is conducted to determine proper packer placement.

2. A combination of gaseous and liquid CO2 is injected through the packer into the aquifer at various temperatures and pressures, resulting in expansion and energy release.

3. After the injection is complete, the system is allowed to rest for a certain amount of time ( usually around 12 hours) for the treatment to work.

4. A small of amount CO2 gas accumulated around the well-head is vented out (released to the atmosphere).

5. Since the groundwater around the well has high CO2 concentration and an acidic pH. the well is flushed (groundwater is produced) until the CO2 concentration and pH return to background values. The CO2 -laden groundwater is discarded as wastewater. The time and flow rate of flushing vary for each well and are determined by the field experts depending on the field and subsurface conditions.

6. Lastly, a post-injection pump test is conducted to determine the well performance post treatment.

Figure I presents in-situ photographs of the inside of a groundwater well before and after its AF treatment. The photographs clearly demonstrate the extent of mineral biological and iron incrustation build-up. CO2-powered AF rehabilitation treatments have shown to increa e a well' specific capacity by as much as 20 times26.

The quantity of CO2 injected depends on the size of the well and how deep the well is. While the exact quantity for a particular well is based on a proprietary equation that takes into account well depth, well diameter, and borehole/screen length, the typical values are 2.5-5, 6-12 and 20-40 US Tons of CO2 for small, medium, and large-sized wells respectively.

Both AF and AG follow the same above process. The main difference between the two is that AG. being a preventive care program for a well that is a follow up after AF treatment, requires a smaller quantity of CO2 as compared to AF (typically about one-fifth) for the same well.

Approach to estimating storage potential
Since the quantity of injected CO2 is known for a well, the foremost way to quantify how much of it got stored is by estimating the Joss of CO2 at each of the steps of the AF/ AG process described above. Subtracting the total loss of CO2 throughout the process from the injected quantity directly leads us to how much CO2 remained in the subsurface after the process was completed and the well was handed back to the owner.

An up-close examination of the process led to the conclusion that any losses of CO2 would happen at the venting, flushing and post-injection pump test. Usually, the post-injection pump test is directly followed by flush - ing. Therefore, the loss during the post-injection pump can be combined with the loss during flushing. Thus, the mass balance equation of CO2 for the AF/ AG process is
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Before treatment After treatment
Figure 1. Images of well screens captured during in-situ video inspections conducted before and after treating a well with CO2.

CO2 stored = CO2 injected - (CO2 loss during venting+ CO2 loss during flushing} (1) Results
Loss estimation
Venting
Data during the venting process was collected using a flow meter at 2 independent wells undergoing AG treatment. The venting time for the first well was 1 minute at a flowrate of 100 ft3 /min for first 30 seconds and 25 ft3 /min for the remaining 30 s. Converting the volume of CO2 to mass assuming CO2 density of 1.87 kg/m3 (at ~ 15 °C and 1 atm), the mass of CO2 lost during venting was estimated to be 7.2 lbs. Given the mass of CO2 at this well was 2000 lbs, the percentage of CO2 lost during venting was estimated to be 0.36%. Following the same procedure, the percentage of CO2 lost during venting at the second well was estimated to be 0.39%. The timing of the venting at other wells was observed to be in the similar range. Therefore, it was assumed that the loss of venting is expected to be less than 1 % in all cases and can be ignored in the storage estimations.

Flushing (including post-treatment pump test)
As part of this study, CO2 concentrations and pumping rates were noted during flushing at 16 wells being processed with AF/ AG ( referred to as dataset!). In addition, historic data for 15 additional wells was retrieved from STl's records with pumping rate data but no available measurements of concentration (referred to as dataset2).

Overall, these 31 wells represent a wide range of hydrological conditions (e.g., consolidated vs. unconsolidated aquifers, injection depths ranging from 40 to 560 feet below earth's surface) and engineering details (e.g., open vs. screened hole, injection pressures ranging from 40 to 450 psi). Datasetl (with 2 or more conentration data points for each well) was used ro model rhe frend of concentration drop along time. A visual inspection of the concentration vs. time plots indicated an exponential trend in most of the wells. Therefore, a natural log of these values would follow a linear trend. The distribution of concentration data collected during flushing of 16 well events (dataset!) is presented in Fig. 2
In order to determine a general trend and rate of concentration drop during the flushing process, a linear mixed-effects (L lE) regression:!? approach was cho en. 1l1is approach i widely used for multilevel or hierarchical modeling, wherein both the population-wide trend as well as trends at the level of subgroups are imporlantlll.29_ In our case, the LME model takes into account both invidual well trends (called 'random' effects) as well as a Scientific Reports I (2024) 1.4:13838 I https://doi.org/10.l038/s41598-024-64135-z nature portfolio 218 of 401
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Figure 2. Observed CO2 concentrations during flushing of 16 well events (dataset]). population-wide trend (called 'fixed' effect). Detailed discussion on model selection and cross-validation is featured in the "Methods" section and supplementary information. The relevant statistics of the LME regression model fitted to dataset.I are presented in Table l. Figure 3 presents the resulting regression fits for the individual wells (random) and the population fit (fixed) converted back from natural log values to real values of concentration. The goodness of this lit is graphicaUy presented in Fig. 4. The fitted vs. observed vaJues plot shows that the points align uniformly along the diagonal (y = x). which signifies that model predictions compare closely with observed data. The residual pl t shows that the point~ are scattered randomly around the residual"" 0 line with no particular pattern, which indicates the LME model is the correct choice for this dataset.

Using the individual concentration trends for dataset], the population concentration trend for dataset2, and known volumetric flowrates during flushing for these wells, the mass of CO2 lost incrementally along time is simply calculated as a mathematical product of concentration (mass per volume), flowrate (volume per time) F.ir.l:!4-dild,,(I I I IJ111 t ........... (Wiilllallllllt) ,,.._... , ..... (tld. ... ) J~ MO ,___ sa-..(low..-,)
lntercepl j 6.271 (0.201) l.75E-46 5.87 to 6.672 Intercept PDF 0.694 (0.457, 1.05) Slope 1 - o.092 <o.009) j 5.2JE-16 -0.11 to - 0.074 Slope PDF Does not vary Table I. The results of the Linear Mixed-Effects (LME) model fitting to the CO2 concentration trends during flushing for 16 individual wells (datasetl).
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Well.-t ..... ..,,. Aqal(er~ Wclltype COi ~ (DS'r-) ~.,_. I AG Consolidated Open hole I 80.8 2 AF Consolidated Open bole 3 97.6
3 AG Unwn•olidated Saeened 0.75 82.1
4 AG Uncoru;olidated Screened 0.75 87.3
5 AG Una,ru;olidated Screened 0.75 50.3
6 AG Unwnsolidated Screened 0.75 85.3
7 AG Unconsolidated Screened 0.75 57.5
8 AG Coru;olidated Open hole 2 93.2
9 AF Unwnsolidated Saeened 1.5 97.5
10 AF Unwnsolidated Screened 5 86.0
II AF Consolidated Open hole 6 99.1
12 AF Consolidated Open hole 5 98.6
13 AF Con...iidated Open hole 0.5 90.9
14 AG Consolidated Open hole 2 89.0
15 AG Consolidated Open hole l 93.4
16 AF Unconsolidated Screened I 10.3
17 AG Consolidated Screened 2 90.2
18 AG Consolidated Open /role 1.25 82.7
19 AG ConsofidaJed Open hole 1.25 87.6
zo AG Unconsolidated Screened 0.375 46.2
21 AG Unconsolidated Screened 0.25 86.2
22 AG Unconsolidated Screened 2 95.9
23 AG Unconsolidated Screened 0.75 9.3
24 AG Unconsolidated Screened 0.75 42.8
25 AF Unconsolidated Screened 2.5 94.0
26 AF Unconsolidaled Screened 4 95.2
27 AF Unconsolidated Screened 2 90.5
28 AF Unconsolidated Screened 3 93.6
29 AF Consolidated Open hole 5 97.5
30 AF Consolidated Open hole 2.5 95.8
31 AF Consolidated Open hole 8 97.8
•
Table 2. A database of 31 AF/ AG events used for calculating the loss of CO2 during flushing along with the estimated percentage of CO2 stored during each event is presented in this table. The first 16 well events (rows marked with 'bold'), considered as dataset!, were conducted as part of this study and CO2 concentration measurements along time were available along with flowrate information. The next 15 well events (rows marked with 'italic' ) were retrieved from STl's records prior to this study and only flowrate information was available for these events.
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and flushing time. This yields us the total mass of CO2 lost during flushing, which when compared to the mass of CO2 injected leads to the effective percentage of CO2 stored in the subsurface for that well. The estimated percent of CO2 stored for each of the total 31 wells from dataset! and dataset2 are presented in Table 2.

Storage estimation
Storage estimates per well
The general statistical distribution across the entire database of well events is presented in Fig. 5 and Table 3.

Based on the combined set of31 wells, the median estimated proportion of CO2 that remains or is tored in the subsurface after any AF or AG process is about 90% and the interquartile range i between 82% 10 96%. This means that at least three-fourth of all the groundwater well treatments with CO2 via the AF/ AG processes will store more than ~82 percent (typically "'90%) of the injected mass of CO2 underground after the treatment process is complete.
tornge estimates for the year 2021
The total quantity of CO2 utilized (injected into the subsurface) by the well rehabilitation and maintenance services completed by STI in the year 2021 was 700,600 pmmds or 350.3 US Tons. The statistical distribution based on individual wells serviced in 2021 for AF and AG treatments is shown in Fig. 6. Based on the interquartile range of the percent storage for individual wells calculated above, the estimated mass of CO2 stored by STI's operations in 2021 is 287 to 336 US tons. These estimates represent STI's operations only and are not inclusive of any CO2-powered well treatments conducted by the authorized providers of STI.

Storage t!Stima/es for the decade 2012-21
The total estimated CO2 utilized by CO2-powered well re.babiJitation and maintenance treatments (AF and AG) in the past decade (2012-2021) was estimated by accounting for all the well-s serviced directly by STI as well their authorized providers (licensees). To the best of our knowledge., there are no other entities operating such technologies for the purpose of rehabilitating groundwater wells. A yearly breakdown of the number of wells serviced and the tonnage of CO2 utilized is presented in Table 4 and graphically represented in Fig. 7.

While the exact quantity of CO2 injected at each well by STI in the past decade was known, there was no informatron on that for the AF authorized providers except the number of wells serviced. However, we can assume that the median and interquartile range of the CO2 injection quantities for AF licensees would be similar to that of the AF treatments done by STI directly. Figure 8 shows the statistical distribution of the CO2 quantity utilized in 477 AF treatments done by STI in the past decade. The median value of the distribution was 2 tons, .!!
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Figure 5. Histogram of the estimated percentage CO2 stored by individual wells for the total 31 well events (dataset I and dataset2 combined).
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# Wells events 16 15 31
QO(min) 10.3 9.3 9.3
QI (25th) 81.8 84.5 82.4
Q2(median) 88.1 90.5 90.2
Q3 (75th) 94A I 95.5 95.5
Q4(max) 99.1 97.8 99.1
Table 3. Statistics of the estimated percentage of CO2 stored from the dataset of individual wells. Across the entire set of 31 wells, the median storage estimation is ----90% with the interquartile range from ~82 to 96%.

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CO2 utilized by Aqua Freed® in 2021
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Figure 6. Statistical distribution (histogram) of the CO2 utilized by STI's operations in 2021 based on individual wells. Left histogram represents AF treatments and right histogram represents AG treatments . :rear •WcD.~ IWdll,(AF._) • We& (f9Cai) VSIDB®,i~~ vs --~iajem4,(Af baeiis) 20)2 109 74 183 160.1 148
2013 117 86 203 167.3 172
20)4 109 J03 212 153.6 206
2015 90 118 208 171.2 236
2016 114 147 261 191.0 294
2017 127 150 277 194.6 300
2018 133 121 254 277.3 242
2019 184 111 295 278.8 222
2020 151 62 213 153.6 124
2021 182 48 230 350.3 96
Total 1316 !020 2336 2097.6 2040
Table 4. A yearly distribution of CO2-powered well rehabilitation and maintenance activities for the past decade (2012-2021 ). An estimated 4100 tons of CO2 was utilized (injected into the subsurface).

Number of wells serviced
■ I Wells (STI) # Wells (AF Licensees)
Estimated CO2 Injected
• US tons CO2 Injected (STI) • US tons CO2 Injected (AF Licensees) 600
500
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0 111 300 C
0 ;; 200
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Figure 7. Graphical depiction of the yearly distribution of number of wells serviced and estimated CO2 injected by STI and its authorized providers.
with the interquartile range from 0.65 to 3.5 tons of CO2. The estimated tonnage of CO2 utilized by AF authorized provider in Table 4 wa calculated based on 1he median value of2 I ns. The total range of CO2 tonnage (based on the interquartile range of 0.65 to 3.5 tons) was estimated to be 2761 to 5668 tons of COz. Thus, assuming a median 90% of storage, the cumulative estimated CO2 stored by STI and its authorized providers together over the past decade (2012-2021) is 2485 to 5101 US tons (median value of3724 US tons).

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Figure 8. Histogram of the quantities ofCOz injected in individual AF treatments done by STI from 2012- 2021.

Future projections
According to the National Ground Water Association (NGWA), there are a total of about 16 million water wells in the U.S. 30 About 13 million of these wells are residential, while the rest are non-residential (industrial, public water supply, agricultural, etc.). Based on STI's experience, residential wells are typically small wells that generally require about 1000 lbs of CO2 for AF treatment. Non-residenlial wells can be divided into three categories, small, medium and large, based on their size and capacity. The quantity of CO2 required for AF treatments is 2.5-5 tons, 6-12 tons and 20-40 tons for small, medium and large water wells respectively. Subsequent AG treatments for annual maintenance typically require about one fifth of that.

Based on the CO2 requirement and STI's database of processed wells from the past decade (see Fig. 8), the ratio of small, medium and large wells is 89%, 8% and 3%. This ratio is likely to be a conservative ratio, as this includes both residential (which are usually smaller in size and larger in number) and non-residential wells.

However, due to lack of information, we assume the same ratio applies to non-residential wells across the U.S.

Based on the number of wells in the U.S. and the typical amount of COz required for rehabilitation and annual maintenance, we estimate (as shown in Table 5) that adopting CO2-powered well rehabilitation and maintenance techniques have the potential of utilization and storage of about 20 million US tons of COz every 15 years (average rehabilitation cycle for a water well). Annual maintenance programs like AG can help store an additional 4 million US tons on an annual basis. These are the estimates of the utilization potential based on a single country.

Discussion
• Storage vs. sequestration It is important to note that the terms storage and sequestration are often used interchangeably. but there i. a subtle difference between them. Storage is a broad term, of which sequestration can be considered a subset that usually refers to long-term, 'permanent' storage (typically hundreds to a thousand years in the future)Jt.n. The focus of this study was on the quantifying CO2 storage (what remained in the subsurface after the process was completed and the well was handed back to the owner). Investigating longterm fate and migration of the injected CO2 is a more complex scope of study and will require multiphase geochemically reactive transport modeling of site-specific case studies (similar examples of which can be found in the literature)33
- 3
; _ Studies following this will aim at tackling these research directions. • Long-term fate of injected CO2 This study is the first study to explore the idea of injecting CO2 into shallow groundwater aquifers for well-rehabilitation. The down-side of being a first of it's kind project is lack of prior data for comparison. To be best of our knowledge, we have not come across another study where a direct comparison would be possible. Typically, once CO2 is injected, it remains in the subsurface as either a separate gas/supercritical phase, dissolved aqueous phase or precipitated mineral phase. The common modes of COz trapping in the subsurface are stratigraphic or structural gas trapping (being trapped as a gas phase between ' - Noa-........

Rmldmtlal -11 11&,diam Lap Total
No. of water wells in the US 13,000,000 2,666,667 232,704 100,629 16,000,000 CO2 injected per well via AF Obi JOOO 7500 18,000 60,000 Total CO2 injected via AF (million US tons) 6.5 lO 2.1 3 21.6 Estimated CO2 stored via AF (million US Tons) 5.9 9 1.9 2.7 19.5 Annual CO, stored via AG (million US Tons) 1.2 1.8 0.4 0.5 3.9 Table 5. Estimating the national capacity of CCUS through rehabilitation and maintenance of water wells.

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strategic geologic feature. like fauh.s, seals, cap rocks etc.)36.3 7, residual gas trapping (residual irremovable gas
being trapped in line pores by capillary for_ces).lllJ~. dissolution trapping (being trapped in solution as bicarbonate) 4 ",.' • and mineral trapping (being converted to a carbonate mineral phase)•z.• 13_ The relative proportion
of CO2 stored via each of these individual mechanisms will depend on the exact, site-speci.lic hydrogeological conditions41. For the present application, because of relative!}' low quantities of CO2 being injected compared to CO2-EOR or deep saline sequestration, it can be expected that the tructural gas trapping capacity wiU be relatively low. Almost all of the stored CO2 will get converted to aqueous CO2 relatively instantaneously.

Geochemical buffering of the elevated acidity from this solubility trapping by in-situ water rock re.actions will consume the dissolved CO2 and may convert some ofil to secondary precipitated minerals. Initially, when the fluid pressures arc high, especially near the well, CO2 will dissolve in water forming bicarbonate. As pressures reduce, the bicarbonate may conwrt back to gaseous CO2, especially at near-surface dcpths45 . Therefore,
we anticipate more sequestration in deeper wells or aquifers that are confined by a seal layer as compared to shallow unconfined formations. Depending on the mineralogy of the aquifer, near-well regions may go through dissolution of minerals (especially carbonates). generating wormholes46 or enhancing preferrential flow pathways like faults and fractures47
• On the other hand, some of the dissolved CO2 may precipitate as carbonates in faults and fractures. in deeper subsurface4 M 9 as is evidenced in many outcrops50.51
. Some of Lhe
gaseous CO2 may enter into the vadose zone and the soil Depending on the level of vegetation in the area, some of the CO2 may get consumed by plants. Thus, The net proportion of sequestration from the initially stored CO2 quantity will differ from site to site. A few case studies conducted under varying hydrogeologicnl conditions should help draw some generally applicable lessons. • Impact 011 gro1111dwaler quality Undisturbed naturally occuring groundwater can be usually found in chemical equilibrium with the solid phase ( rock.minerals) of the aquifer. However, when CO2 is added to the aquifer, it dissolves in the groundwater leading to decreased pH (increased acidity) of the water, and thus disturbing the geochemical equilibrium. The subsequent geochemical reactions that get triggered be.tween this acidified groundwater and the aquifer minerals (referred to as buffering) have the potential mobilize certain trace metals ( including lead and arsenic). Studies have fotmd that the concentrations of these mobilized trace metals do not reach upto or exceed the maximum permitted levels, except in rare cases where the aquifer is naluraUy rich in these minerals and already has elevated concentrations in the groundwater51- >1. • Use of recycled CO 1 In order to create a greater impact on di mate change, it is crucial to obtain the injected CO2 which is captured' from anthropogenic sources (such as coal-fired powerplants or other industries).

CO2 capturing technologies ha.~ been around for a few decades, but the economic challenges (high cost) have been at the forefront in inhibited the wide commercia.l implementation of these technique 55. However, the global push towards becoming carbon neutral has driven ignificant research and development of these iechnologie , including a few commercial-scale initiatives that are in the early stages56• Direcl Air Capture of CO2 i yet another challenging but critical field of upcoming technologies that work on capturing CO2 directly from the atmosphere instead of a point source like a chemical planL Utilization of recycled CO2 is critical to achieving net-1.ero, and techno-economically efficient CO2 capture methods are the first step in the direction.

Conclusion
An analysis and review of the CO2 utilization and storage potential of the Aqua Freed"and Aqua Gard"technologies demonstrates lhe benefit of using CO2 for well rehnbilitation and preventive maintenaace in improving well perfonnance and efficiency and reducing the carbon footprint. Thus, injecting CO2 into the subsurface for well rehabilitation is yet another proven method for achieving CCUS and moving towards net-zero emissions. Typically. about 90% of the injected CO2 is estimated to remain in the subsurface. COi-powered well rehabilitation if adopted widely as a CCUS technology has the capacity to store several megatonnes of CO2 annually.

Methods
Field data collection
The loss during venting was estimated by placing a flowmeter at the vent and timing the enting process. for estimating the loss during flushing, the concentration of CO2 wa measured along time in the field as the groundwater was being flushed out during AF/AG treatment of L2 different well processed during the course of this study. The procedural steps of measuring CO2 concentrations in the field are as follows:
• Measure 100 mL of water in a graduated cylinder and transfer to flask. • Pour in 1 packet of phenolphthalein indicator powder and let it di olve. • Use handheld, digital titrator equipped with a cartridge of3.636 . • Swirl in drops of sodium hydroxide until the water tum a light hue of pink • Take the number read on the digital titrator and multiply it by a uitable multiplier depending on the amount of water measured and the range desired.

In addition to the CO2 concentrations, the discharge rate at which the well was flushed was also noted.

Statistical data modeling
We use a linear mixed-effects regression approach to model the CO2 concentration trends during the flushing phase of an AF/ AG well event. A Linear mixed-effects (LME) model is an extension of the simple linear regression (SLR) model29. It has been found useful to adopt the LME approach when the collected data can be segregated Scientific Reports\ (2024) 14:13838 \ https://doi.org/10.1038/s41598-024-64135-z nature portfolio 224 of 401
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into meaningful subgroups, and is widely applied lo biological, social and healthcare research:?S. In the case of this study, the subgroups are the individual well data. The LME model jointly estimates well-specific regression coefficients along with the population-level regression coefficients. Thus, we derive the overall trend (across all well events) as well as well-specific trends (Table 1).

It is impoctant to note that the L, lE appro:ich is very different from estim:iting \\,'ell-specific trends individually. and then separately estimating the overall trend. The L\.IE model estimates the 'distribution' of well-specific random effects around the population-level fixed effect!. Thus. the fixed effect parameters (slope and intercept) estimated by LME may differ from the slope and intercept values that a SLR model would yield.

Some of the advantages of using LME over SLR for data that can be summarized groupwisc are as follows:
• LME uses the data much more efficiently making it better scalable to larger number of wells. • Due to the above feature, it work5 well with unbalanced and smaller data sets (by avoiding convergence issues) and can utilize and accommodate missing observations (e.g. concentration measurements missing at certain time points.)
• LME jointly estimates population and subject-specific values and therefore is the more accurate (and interpretable) representation of repeated-measures data. It naturally takes into account the correlation between repeated scans from subjects. This is why it naturally prevents overfitting.

Since the concentration data of well events from datasetl is exponential, natural logarithmic values of the concentration were used for our regression modeling, which is linear. Four regression models (3 different combinations of the LME and 1 SLR for comparison) were tested and cross-validated to find the one that best represents of the data.

Model choices:

I. LME: Both slope and intercept vary for both fixed and random effects

2. LME: Both slope and intercept vary for both fixed effects; only intercept varies for random effects

3. LME: Both slope and intercept vary for both fixed effects; only slope varies for random effects

4. SLR: Simple linear regression applied to concentration data of all well events from dataset! combined (for comparison with LME)
Cross-validation is one of the most popular statistical techniques that is widely used model validation;1.Sll_ Essentially, cross-validalion tells us how well would the selected model generalize to 'unseen' data. Details and results of model selection and cross-vnlidation arc provided in supplementary information. Model 2 was found to have the least 'test' error (meaning it generalizes the data best) and was selecl'ed for further anaJysis in the "Rcsullsn section.

All modeling was performed using the MATLAB software59• The code for this study is based on original code developed by Sharma60•
61 .

Data availability
The datasets generated during and/or analyzed during the current study are available from the corresponding author upon reasonable request.

Received: 2 June 2023; Accepted: 5 June 2024
Published online: 15 June 2024
References
I. Kellogg, W. W. Climate Change a11d Society: Consequences of Increasing Atmospheric Carbon Dioxide (Routledge, 2019).

2. Solomon. S., Plattner, G.-K .• Knutti. R. & Friedlingstein. P. lrreversible climate change due to carbon dioxide emissions. Proc. Natl.

Acad. Sci. I 06, I 704-1709 (2009 ).

3. Davis, S. f. et al. Net-zero emissions ener1,,y systems. Science 360, eaas9793 (2018).

4. Bouckaert, S. el al. Net Zero by 2050: A Roadmap for the Glo//111 F,nergy Sector (Tech. Rep, International Energy Agency. 2021 ).

5. Masson-Delmotte, V. et al. Global warming of 1.5 c.A11 IPCC 11ecl,1/ Report on thefmpacts of Global Warming Vol. I. 43-50 (2018).

6. Allen, M. R. el al. Net zero: Science, origins, and implicalions. A11nu. Rev. Enviro11. Resour. 47, 849-887 (2022).

7. Lin, A. C. Making net zero matter. Wash. Lee L. Rev. 79,679 (2022).

8. Malhotra, A. & Schmidt. T. S. Accelerating low-carbon innovation. foule 4, 2259-2267 (2020).

9. Kovac, A., Paranos, M. & Marci us. D. Hydrogen in energy transition: A review. Int. J. Hydrogen Erwrgy 46, 10016-10035 (2021 ).

10. Broekholf, D., Gillenwater. M .. Colbert-Sangree, T. & Cage. P. Securing climate benefit: A guide to using carbon offsets. Sloe/ch.

Environ. Inst. Greenh. Gas ,Wanag. Jr,,1. 60 (2019).

11. Zhang, Z. et al. Advances in carbon capture. utilization and storage (2020).

I 2. Raza, A., Gholami, R., Rezaee. R., Rasouli, V. & Rabiei, M. Significant aspects of carbon capture and storage-a review. Petroleum 5, 335-340 (20 I 9).

13. Nocito, F. & Dibenedetto, A. Atmospheric CO 2 mitigation technologies: Carbon capture utilization and storage. Curr. Opin. Green Sustain. Chem. 21. 34-43 (2020).

14. Zhang. Z. et al. Recent advances in carbon dioxide utilization. Renew. Sustain. Energy Rev. 125, 109799 (2020).

15. Perera, M. S. A. et al. A review of CO,-enhanced oil recovery with a simulated sensitivity analysis. Energies 9, 481 (2016).

16. Wu, Y. & Li, P. The potential of coupled carbon storage and geothermal extraction in a CO,-enhanced geothermal system: a review.

Geotherm. Energy 8, 1-28 (2020).

17. Hamza. A. et al. CO2 enhanced gas recovery and sequestration in depleted gas reservoirs: A review. f. Petrol. Sci. Erig, 196. 107685 (2021).

18. Smith, S. A. ,Wo11i/oring ,md Remedilllio11 Wei/;; Problem Prevention. ,W11inlen,111ce, and Rehabilitation (Routledge, 2017).

I 9. Mansuey, N. & Miller, G. P. Treatment approach to reduce well maintenance costs. Ultrapure Water (2007).

20. Wilson, D.R. & Bell fr, T. A. Liquid carbon dioxide cleaning ofwellbores and near-wellbore areas (2006), US Patent 6,988,552. https://doi.org/10.1038/s41598 -024-64135-z nature portfolio 225 of 401
www.nature.com/scientificreports/
Scientific Reports I

21. King. S. liquid CO2 for the stimulation oilow-permeability reservoirs. In SPE!DOE Low Pl!rmt't1bility Gas Re;ervoirs Symposium (OnePetro. I 983).

22. Gromakovskii. D., Palanivel, M., Lopez. ,\ . & Mikaelyan, V. Efficient CO2 multistage acid stimulation in deep hot-gas reservoirs.

In SPE );fiddle fosl Oil and Gas Show and Co11fere11ce (OnePetro, 2019).

23. AI-Dhamen, M. & Soriano, E. Increased well productivity from the use of carbon dioxide to foam fracturing fluids during a refracturing treatment in saudi arabia. In SPE Lati11 America11 a11d Caribbean Pdroleum Engineering Conference: (One Petro, 20 I 5 ).

24. Catania, S. M. & Catania, C. L. :\,lethod for stimulation of liquid !low in a well ( 1995). C"S Patent 5,394,942.

25. Mansuy, .N., Catania, S. & Orlando, r. Method of water well rehabilitation (2022). US Patent 11.225,853.

26. Aqua Freed" and Aqua Gard" Case Studies. https://www.subsurfocelech.com/aqua-freed-case-sludies/. (Accessed 02 Tan 2023).

27. Pinheiro, r. C. & Bates, D. M. Linear mi.xed-etfects models: basic concepts and examples. Alixed-cffects models in Sand S-Plus 3-56 (2000).

28. Sharma, ,\ . & DiBella, E. Longitudinal modeling of stroke using stochastic distances and noddi diffusion model. [n Proceedi11gs of the 2023 / MR,"1 & IS,WRT Annual ,Weeting (ISMR,\,f, 2023).

29. The MathWorks Inc. linear mixed-effects models. https://www.mathworks.com/help/stats/linear-mixed-elfects-models.html (2022).

30. GroLindwater fundamentals. https://www.ngwa.org/what-is-groundwater/About-groundwater (2022) (Accessed 1.2 Feb 20231. 31 . McPherson, B. & Cole, B. Multiphase CO 1 flow, transport and sequestration in the powder river basin, Wyoming, USA./. Geochem.

Exp/or. 69, 65-69 (2000i.

32. Patil, V. V., McPherson, B. J., Priewisch, A., Moore, J. & Moodie, N. Factors affecting self-sealing of geological faults due to CO2 -leakage. Greenhouse Gases Sci. Tec/1110/. 7, 273-294 (201 7).

33. Audigane, P., Gaus, I., Czernichowski-Lauriol, !., Pruess, K. & Xu, T. Two-dimensional reactive transport modeling of CO2 injection in a saline aquifer at the Sleipner site, North Sea. Am. J. Sci. 307, 974-1008 (2007).

34. Xu, T., Kharaka, Y. K.. Doughty, C., Freifeld, B. M. & Daley, T. M. Reactive transport modeling to study changes in water chemistry induced by CO1 injection at the Frio-I Brine Pilot. Chem. Geo/. 271, 153-164 (2010).

35. Patil. V. & McPherson, B. J. Modeling coupled reactive transport through fault wnes: A critical review. Environ. Eng. Sci. 38, 165-180 /2021).

36. Iglauer, S. Optimum storage depths for structural CO2 trapping. Int. /. Greenhouse Gas Control 77, 82-87 (2018).

37. Szulczewski, M .. Hesse. M. & fuanes, R Carbon dioxide dissolution in structural and stratigraphic traps./. Fluid Mech. 736, 287-315 (2013i.

38. Burnside, N. & Naylor, M. Review and implications of relative permeability of CO2/brine systems and residual trapping of CO2.

J11r. J. Greenhouse Gas Co11lrol 23, 1-11 (2014 ).

39. Raza. A. el al. Assessment of CO2 residual trapping in depleted reservoirs used for geosequestration. /. Nal. Gas Sci. Eng. 43. 137-155 (2017),

40. Gilfillan, S. M. et al. Solubility trapping in formation water as dominant CO2 sink in natural gas fields. Nature 458. 614-618 (2009).

41. Gasda, S., Nordbotten, J. & Celia, M. Vertically a,·eraged approaches for CO2 migration with solubility trapping. Water Resour.

Res. 47 (201 I).

42. Bachu, S., Gunter, W. & Perkins, E. Aquifer disposal of CO2: Hydrodynamic and mineral trapping. Energy Convers. Manag. 35, 269-279 (I 994 ).

43. Xu, T., Apps. J. A. & Pruess. K. Numerical simulation of CO2 disposal by mineral trapping in deep aquifers. Appl. Geochem. 19, 917-936 (2004).

44. Patil, V., Moodie, N .. Sharma, A. & McPherson, B. J. QuanliJication of relative permeability induced uncertainty in CO2 trapping predictions. In AGUFa/1 ;'vJeetingAbslracls, Vol. 2020, GCII0-11 (2020).

45. Patil, V. V. Self-,ealing of faults i11 geological carbo11 sequestration. Ph.D. thesis, The University ofl.itah (2016).

46. Xiao, T., Kweon. H., McPherson, B. & Deo, M. Wormhole generations in Indiana limestone with CO2 intrusion: Numerical simulations based on core flooding experiments. Energy Fuels 31. 12487-12499 (201 7).

47. Brunet. J.-P.L., Li, L., Karpyn, Z. T. & Huerta. N. I. Fracture opening or self-sealing: Critical residence time as a unifying parameter for cement-CO2-brine interactions. [flt./. Gree11ho11,e Gas Conlrol 47, 25-37 (2016).

48. Tian. H. et al. A numerical study of mineral alteration and self-sealing efficiency of a caprock for CO2 geological storage. Acta Geotech. 9, 87-IO0 (2014).

49. Patil, V. & Simmons, S. Utah forge: Evaluation of potential geochemical responses to injection in the forge geothermal reservoir. https:/ lgdr.openei.org/submissions/1247 (2019).

50. hipton. Z. K. et aL ,\nalysis of CO2 le3kagc through 'low-permeability' faults from natural reservoirs in the Colorado Plateau, east-central utah. Geo/. Soc. Lo11d. Sp~cir1/ Pub/. 233, 43-58 (2004).

51. Patil. V. V. & McPherson, 8. J. Identifying hydrogeochemical conditions for fault self-sealing in geological storage. Water Resotff.

Res. 56, e2018WR024436 (2020).

52. Lions. J. et al. Potential impacts ofleakage from CO2 geological storage on geochemical processes controlling fresh groundwater quality: a review. /tit./. Greenhouse Gas Co11trol 22, 165-175 (2014).

53. Zheng, L., Apps, J. A., Zhang, Y., Xu. T. & Birkholzer, r. T. On mobilization oflead and arsenic in groundwater in response to CO2 leakage from deep geological storage. Chem. Geo/. 268, 281-297 (2009).

54. Xiao, T. et al. Potential chemical impacts of CO2 leakage on underground source of drinking water assessed by quantitative risk analysis. Int. f. Greenhouse Gas Co11trol 50, 305-3 16 (2016).

55. Biniek, K., Davies, R. & Henderson, K. Why commercial use could be the fu ture of carbon capture. https://www.mckinsey.com/ capabilities/sustainability/ our -insights/why-commercial -use-could-be-the-future- of-carbon-capture ( 2018).

56. Carbon america to construct. own and operate the first two commercial carbon capture and sequestration projects in colorado. https:/ I www.businesswire.com/ news/horn e/20220512005336/ en/Carbon -America -to-Construct -0 wn-and -Operate-the-FirstTwo-Commercial-Carbon-Capture-and-Seq uestration-Projects-in -Colorado (20221.

57. Sharma. A. & Gerig, G. Trajectories from distribution-valued functional curves: A unified wasserstein framework. In Medical Image Comp11ti11g and Comp11ler A;sisted lnterve11tion-MICCAI 2020: 23rd Jnternatio11al Conference, Lima, Pem, October 4- 8, 2020, Proceedings, Part VIJ 23, 343-353 (Springer, 2020).

58. Sharma, A. Temporal ,\,/odeli11g and A11alysis of Distributio11-Va/11ed Functional Curves: Application lo Di.ff11sio11 Tensor Imaging.

Ph.D. thesis, The University of Utah (2021 ).

59. The MathWorks Inc. MATLAB Version: 9.'1.0.813654 (R2018a) (2018).

60. Sharma, A. longitudinal-Wasserstein-brainMRI. https:/ /github.com/asharmaphd/longitudinal-Wasserstein-brainMRI/ (2023 ). 61 . Sharma, A. regression-for-distribution -valued-functional-curves. https:/ lgithub.com/asharmaphd/regression -for-distribution- ,·alued-functional-curves/ (2023 ).

Acknowledgements
The authors would like to thank Aqua America (Essential Utilities), Middlesex Water Company, and Golden States Water Company for their support and participation in this study by working with STI for collecting the https://doi.org/10.1038/s41598-024-6413S-z nature
226
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data included in this paper, and for their continued efforts to reduce their carbon footprint through responsible, environmentally-sound well maintenance programs.

Author contributions
VP, SC and CC conceived the overall study. VP designed the methodology and experiments. GB acquired the field data. VP performed the data modeling. VP analyzed the results and created the visuals. VP wrote the manuscript with inputs from GB. TO and RV provided technical mentorship to the study. CC funded the study.

Competing interests
The present data has been used to support a provisional patent application by Subsurface Technologies, [nc. (Inventors: Steven Catania, Christopher Catania and Vivek Patil) to the United States Patent and Trademark Office (Application number: 63/424,853; Filed at Alexandria, VA). Rest of the authors (Gabriella Basso, Tim Ostapuk and Robert Vince) declare no potential conflict of interest.

Additional information
Supplementary Information The online version contains supplementary material available at https://doi.org/

10.1038/s41598-024-64135-z.

Correspondence and requests for materials should be addressed to V.V.P.

Reprints and permissions information is available at www.nature.com/reprints.

Publisher's note Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.

Open Access This article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the ource. provide a link 10 the Crealive C-0mmons licence, and indicate if changes were made. The images or other third party material in this article arc included in th article's Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article's Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/. © The Author(s) 2024
Scientific Reports I (2024) 14:13838 I https://doi.org/10.1038/s41598-024-6413S-z nature 227
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July 25, 2025
Mr. Anthony Chavarria
City of Livingston
2238 Walnut Avenue
Livingston CA 95334
Dear Mr. Chavarria,

SUBSURFACE

TECH NO LOG I ES
On behalf of Subsurface Technologies, Inc. I am pleased to submit this cost proposal for Well 9.

The following is a brief outline of the work that we are proposing; the associated charge for each task is itemized on the enclosed proposal, and all costs are based on prevailing wage rates.

Pump Removal a,11d Testing: A pre-treatment step-rate pumping test will be performed using the existing pumping equipment and the owners flow meter, routing discharge into the system. The purpose of the test is to determine the pre-rehabilitation specific capacity and pump performance. Immediately following the test, the pumping equipment will be removed.

Pu.mp J11spectio11: Upon removal of the pumping equipment from the well, the pump, shaft, pipe, bearing retainers, and discharge head will be transported to an off-site facility for disassembly and inspection. All bearings will be checked for proper running clearances, and shafts will be inspected to verify straightness. After the inspection is complete, a report will be provided to the owner detailing the findings and any recommended repairs or replacements. The cost of any equipment repairs is not included in this proposal.

Video Surveys: A total of two video surveys per well will be performed. A video survey will be conducted before brushing, as well as upon completion of the rehabilitation. The purpose of the video survey is to verify the well construction, inspect the overall condition of the casing/screen and document the extent of plugging. The video equipment will be capable of both 90° side scan and straight view, A copy of the surveys will be supplied at the completion of the project.

Pre -Treatmeut Bmshing: The well casing will be brushed with a wire brush, and well screen will be brushed with a nylon brush. This step will aid in removing encrustation on the interior walls of the well, allowing for more efficient use of CO2 to penetrate the surrounding formation.

Aqua Freed Process: The well will be treated with the Aqua Freed'ro process. The well will be sealed to direct the carbon dioxide through perforated interval of the well. Depending on the casing diameter, either a packer or a 40 Stone Castle Road, Rock Tavern, NY 12575 - Phone: 845.567.0695; Fax: 845,567.1035 - http://www.subsurfacetech.com 228 of 401
temporary l" thick plate welded to the casing will be used to effectively seal the well. The well will be sealed for a period of approximately 12 hours following treatment, at which time the well will be vented to the atmosphere.

Mec:.hanical De11e/opme11t: Upon completion of the Aqua Freed ® Process, the well will be mechanically developed using a perforated dual-swab that will be surged and pumped concurrently using the air-lift method. This step will purge the well of the material that became detached as result of the Aqua Freed® process. Development discharge will be pumped into the adjacent site. Owner or owner's representative will be notified if additional development time is required. Additional development will be billed based on a daily rate.

Pump J11stallatio11: The owner's pumping assembly will be restored to the same setting as prior to rehabilitation. Immediately following installation, the well will be chlorinated and allowed to sit in the well for a minimum of 12 hours. Following chlorination, a post-rehabilitation step-rate pumping test will be performed using the owners pumping equipment, in which discharge will be routed through the owners' flow meter and into the system.

Final Report.: A summary report will be provided upon completion of the well rehabilitation project. It will include an overview of the work performed, a review of video surveys, and key details of the completed tasks.

Aqua Gard® Well Mai11te11ance: We recommend retrofitting Well 9 with the Aqua Gard® System. This will allow for scheduled, preventive maintenance cleanings to be performed on the well with the pump in place. The Aqua Gard® process utilizes carbon dioxide to clean the well and target deposits while they're still soft in nature. The Aqua Gard® system requires a minimum service interval of once per year and execution of a maintenance agreement.

Please note that this proposal is based on current site conditions and available information. All pricing and scope of work outlined herein are subject to change pending further evaluation, unforeseen field conditions, or changes in project requirements.

Please feel free to contact me with any questions you may have.

Best regards,
Keith Myers
Director of Business Development
40 Stone Castle Road, Rock Tavern, NY 12575 - Phone: 845.567.0695; Fax: 845.567.1035 - http://www.subsurfacetech.com 229 of 401

SUBSURFACE

TECHNOLOGIES
Well Rehabilitation Technology
40 Stone Castle Road, Rock Tavern, NY 12575
www.subsurfacetech.com
Phone: 916.869.4464
Fax: 845.567.1035
E-mail: [email protected]

REVISED PROPOSAL
Company Name: City of Livingston
Address: 1416 C Street
City, State, Zip: Livingston CA 95334
Attn: Anthony Chavarria
Mobilization/De-Mobilization
Pump Removal & Re-installation, Pre & Post Treatment Step Rate Tests and Pre & Post Video Survey's
Aqua Freed CO2 Well Rehabilitation to include:

Wire Brushing, Aqua Freed process, Setup/teardown of
development equipment, compressor rental and up to 40 hrs. of Mechanical Development.

Additional development if required will be billed at $5,000/day Complete Pump Assembly Inspection with Report
Travel & per diem
Fuel Surcharge
$
$
$
$
$
$
Date: August 7, 2025
Phone: 209-394-8044
E-mail: [email protected]
Site: Well #9

UNIT TOTAL
11,235.00 $
21,540.00 $
68,920.00 $
3,660.00 $
10,380.00 $
300.00 $
11,235.00
21,540.00
68,920.00
3,660.00
10,380.00
300.00
Total: $ 116,035.00
NOTE(S):
• Price and delivery for the goods listed in this proposal are based on current costs. The market for materials is highly volatile due to several global factors. Therefore, if our cost for any materials increase, we reserve the right to adjust our prices accordingly. If pricing has changed we will advise of the new price at time of order. • Site access for rubber tire vehicles to be provided and maintained by owner or owners representative.

All towing/dragging will to at owners expense. Standby rates will apply.

We propose to furnish material and labor -- in complete accordance with the above estimates, for the sum of $ 116,035.00 AS OUTLINED ABOVE, plus tax unless a current tax exempt certificate is provided. Payment to be made as follows: 1.5% 10 days Net 30. Partial billing may apply. Any unpaid balance over 30 days from the date of completion will have a finance charge added to the unpaid balance of 1.5% per month.

All material is guaranteed to be specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specification involving extra costs will be executed only upon consulting with client and approval and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. We will maintain commercial general liability, business automobile and workers compensation insurance for the duration of this work. The owner should purchase any additional insurance he deems necessary for the protection of his interests.

STI Authorized: -------------- Customer Accepted: _______________ _ Printed Name/Title: Printed Name/Title: -------------- ---------------- Date: Date:
---------------- WE ARE PLEASED TO SUBMIT THE ABOVE QUOTATION FOR YOUR CONSIDERATION, SHOULD YOU PLACE AN ORDER, BE ASSURED IT WILL RECEIVE OUR PROMPT ATTENTION. THIS QUOTATION IS SUBJECTED TO THE CONDITIONS PRINTED ON REVERSE SIDE, AND IS VALID FOR 10 DAYS. THEREAFTER IT IS SUBJECTED TO CHANGE WITHOUT NOTICE. 230 of 401

ST AND ARD TERMS AND CONDITIONS
STI agrees to provide the services set forth on the front of this Agreement pursuant to the terms of this Agreement, including, but not limited to, the following Standard Terms and Conditions which constitute a part of this Agreement.

ARTICLE 1. RIGHT OF ENTRY: The Customer grants a right of periodic entry to STI, its agents, staff, consultants and contractors or subcontractors, for the purpose of performing all acts, studies, and research (including, without limitation, the obtaining of samples and the performance of tests and evaluations) pursuant to the Stimulation.

ARTICLE 2. SAMPLING AND TESTING LOCATION: Test described in STl's report or shown on sketches are based on specific information furnished by others or estimates made in the field by STI's personnel. Such dimensions, depths or elevations are approximations and are not warranted to be exact.

ARTICLE 3. DOCUMENTS: Customer will furnish or cause to be furnished such reports, data, studies, plans, specifications, documents and other information deemed necessary by STI for the proper performance of STI's services pursuant to this Agreement. STI may rely upon documents provided by the Customer in performing the services required under this Agreement.

ARTICLE 4. LIABILITY: Customer agrees to limit STI's liability to customer arising from negligent or other acts, errors, or omissions, such that STI's total aggregate liability for any cause and based upon any legal theory, including strict liability, shall not exceed the Total Charges received by STI pursuant to this Agreement.

ARTICLE 5. UNFORESEEN OCCURRENCE: If, during the performance of services, any unforeseen conditions or occurrences are encountered which, in STI's sole judgment significantly affect or may affect the services to be performed under this Agreement by STI or the risk involved in providing the stimulation, STI will have the right to terminate this Agreement and the services effective on the date specified by STI in writing.

ARTICLE 6. FORCE MAJE URE: STI is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of STI ARTICLE 7. NO THIRD PARTY BENEFICIARIES: This Agreement gives no rights or benefits to anyone other than the Customer and STI and this Agreement has no third-party beneficiaries.

ARTICLE 8. LEGAL ACTION: All legal actions by either party against the other arising from this Agreement, or for the failure to perform in accordance with the applicable standard of care, or any other cause of action, will be barred I years from the date the claimant knew or should have known of its claim, but in any event no later than 2 years from the date of substantial completion of STI's services.

ARTICLE 9. SURVIVAL: All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating the responsibility or liability between Customer and STI shall survive the completion of the services and the termination of this Agreement.

ARTICLE 10. INTEGRATION: This Agreement and the documents attached hereto and which are incorporated herein constitute the entire Agreement between the parties and cannot be changed except by a written instrument signed by all parties hereto.

ARTICLE 11. GOVERNING LAW: This Agreement shall be governed in all aspects by the laws of the State of New York 231 of 401
40 Stone Castle Road, Rock Tavern, NY 12575 – Phone: 845.567.0695; Fax: 845.567.1035 – http://www.subsurfacetech.com July 22, 2025
Jesus Jr. Chavez
City of Livingston
Public Works Dept.
2238 Walnut Avenue
Livingston CA 95334
To whom it may concern:

This letter will confirm that the Aqua Freed® process and related equipment are protected under United States Patent Number 11,225,853 granted January 18, 2022, and Aqua Gard® Preventative Maintenance Systems, protected under United States Patent Number 12,173,583 B2 granted December 24, 2024, are proprietary products owned exclusively by Subsurface Technologies, Inc.

Subsurface Technologies, Inc., 40 Stone Castle Road, Rock Tavern, NY is the only authorized provider in the state of California.

If you have any questions regarding the technologies or the proprietary rights to them, please feel free to contact me at the below referenced number. In closing, thank you for your interest in using the Aqua Freed® well rehabilitation and Aqua Gard® well maintenance processes to solve your water supply problems.

Best Regards,
Christopher L. Catania
President
CLC/dc

SUBSURFACE

TECH NO LOG I ES
232 of 401

CITY OF LIVINGSTON

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

2. COMPENSATION

2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant 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 Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant 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 any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the 234 of 401
fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

4. COORDINATION OF WORK

4.1 Representative of Consultant. Keith Myers is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. Jose Antonio Ramirez [or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).

5. INSURANCE AND INDEMNIFICATION
235 of 401

5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant 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. Consultant 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 $1,000,000 per occurrence, $2,000,000 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. Consultant 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 Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant 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.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage 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.
236 of 401
(b) Duration of coverage. Consultant 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 Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant 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.
(d) 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 Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant 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 Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 237 of 401
(i) Notice of cancellation. Consultant 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 Consultant’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. Consultant 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 Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant 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. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’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. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant 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.

5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified 238 of 401
Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer 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 Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
239 of 401
(d) Consultant shall promptly notify the City should Consultant 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 thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder.

Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. section 101, such documents and materials are hereby deemed “works made for hire” for the City. Not withstanding the foregoing, any and all data prepared, or used by Consultant related in any way to Contractors proprietary know-how and intellectual property, which will remain the exclusive property of Consultant.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.
240 of 401
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.

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

8. MISCELLANEOUS

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of 241 of 401
any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.4 Integration; Amendment. 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. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.8 Interpretation.

8.9 Counterparts.
242 of 401
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.

8.10 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. Consultant 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. Consultant 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. Consultant 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.

Consultant’s Authorized Initials _______

8.11 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.
[Signatures On The Following Page]
243 of 401
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF LIVINGSTON, a municipal
corporation

Jose Antonio Ramirez, City Manager
ATTEST:

Monica Cisneros, Deputy City Clerk
APPROVED AS TO FORM:

BURKE, WILLIAMS & SORENSEN, LLP

Marc Barraza Tran, City Attorney
CONSULTANT:

By:

Name: Christopher Catania
Title: CEO
By:

Name:

Title:

Address: 40 Stone Castle Rd.____________
Rock Tavern, NY 12575________________
Two corporate officer signatures required when Consultant 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. CONSULTANT’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 CONSULTANT’S BUSINESS ENTITY. 244 of 401
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following services:

July 25, 2025
Mr. Anthony Chavarria
City of Livingston
2238 \Valnut A venue
Livingston CA 95334
Dear Mr. Chavarria,

SUBSURFACE

TECH NO LOG I ES
On behalf of Subsurface Technotosies, Inc. I run pleased 10 submil lhis ooot proposal for Well 9.

The following is a brief outline of the work that we are prop0sing; the associated charge for each task is i1emi2ed on the enclosed proposal, and all costs are based on prevailing wage ~lies.

P11n,n Rt!mm-al nm/ Tt!sting: A pre-treatmenl step-ra1e pumping test will be performed usinf', the existing pumpinf', cquipmenl and 1he ownerS flow meler, rou1ing discharge in10 the system. The purpose of the 1cs1 is 10 de1ermine 1he prc-rehabilita1ion specific capacity and pump perfonnanoe. Immediately following 1he 1es1, the pumping equipment will be removed.

P11n,n Jns1,eclion: Up0n removal of 1he pumping equipmenl from 1he well, the pump, shafl, pipe, bearing retainer.:;, and discharge head will be transported to an off-si1e facility for dis.assembly and inSpection. All bearings will be <:-becked for proper running dearun<:e.s, and shafis will be inspected 10 verify straigh1ness. After 1he inSpeCtion is <:omple1e, a report will be provided to the owner detailing the findings and any recommended repairs or replacements. The cost of any equipment repair.:; is not included in this prOpOSal VldNJ S11n•m : A total of two video surveys per well will be performed. A video survey will be conducted before brushing, as well as upon completion of the rehabilitatio n. The purpOSC of the video survey is 10 veril)' the well construction, inSpect the overall condition of the casing/sc.reen and document the extent of plugging. The video equipment will be capable of both 90° side scan and straight view. A copy of the SUJ"\'eys will be supplied at the completion of the proj ect.

Prl'-Trt!atnumt Br11.'ll1lng: The well casing will be brushed with a wire brush, and well screen will be brushed with a nylon brush. This step will aid in removing encrustation on the in1erior walls of the well, allowing for more efficient use of COi 10 penetrate the surrounding formation.

A gun Fru .d Proust: The well will be treated with the Aqua Freed• process. The well will be scaled to direct the carbon dioxide through perfora1ed inter.-al of the well. Depending on the casing diameler, either a packer or a 245 of 401
temp0rary I" thick plate welded 10 lhe casing will be used to effec1ively seal lhe well. The well will be sealed for a period of approximately 12 hou~ following treatment, at which lime the well will be vented 10 lhe atmosphere.

Aft!chtw icn/ De.l!lt>pmt!nt: Upon completion of1he Aqua Freed• Process, lhe well wall be mechanically developed using a perforo1ed dual-swab 1hat will be surged and pumped cor.currenlly using the air-lift me1hod. This step will purge 1he well of 1hc ma1erial lhat became de1ached as result of 1hc Aqua F rttd.1 proce~. Development discharge will be pumped into the adj atenl si1e. Owner or owner's represerilative will be no1ified if addi1ional development time is required. Additional development will be billed based on a daily rote.

Puma /nuallaUarr- The owner's pumping: assembly will be restored 10 the same setting as prior 10 rehabili1a1ion. Immediately following installation, the well will be chlorina1ed and allowed 10 Sil in the well for a minimum of 12 hou~. Following chlorinalion, a post-rehabilitation s:iep-rate pumping test will be performed using the owners pumping equipment, in whic.h discharge will be routed through lhe ownerS' flow meter and into the system.

Final Rt!IJl>rt: A summary report will be provided up<>n completion of the well rehabilitation project. ll will include an overview of lhe work perfomted, a review of video surveys, and key details of the oompleted tasks.

Aqua Gard® Well Maintrnt111u : We recommend retrofiuing Well 9 with the Aqua Gard® System. This will allow for scheduled, prevenlive mainlenance cleanings 10 be perfonned on the well with the pump in place. The Aqua Gardl> process ulili2es carbon dioxide 10 clean the well and 1arget deposits while lhey're still son in narure. The Aqua Gard!) system requires a minimum service interval of once per year and execution of a mainlenance agreement.

Please note thal this prop0sal is based on <:uJTCnt site condi1ions and a\iailable infonnalion. All pricing and soope of work outlined herein are subject to change pending further evaluation, unforeseen field conditions, or changes in projecl requirements.

Please feel free to contacl me with any questions you may have.

Best regards,
Keith Mye~
Directo.r of O'u.i:int:1:,;, Oeve.Jopmenl
246 of 401

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Not applicable
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City updated of the status of performance by delivering the following status reports:

A. Final Report: A summary report upon completion of the well rehabilitation project, which will include an overview of the work performed, a review of video surveys, and key details of the completed tasks.

IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:

A. Anthony Chavarria
B. Jesus Chavez
C.
247 of 401
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Not Applicable
248 of 401
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
r,l'J SUBSURFACE

IMI TECHNOLOGIES
Well Rehabilitation Technology
40 Stone castle Road, Rock Tavern, NY 12575
www.subsurfacetech.com
Phone: 916.869.4464
Fax: 845.567.1035
E-mail: [email protected]

Wire Brushing, Aqua Freed process, Setup/teardown of
development equipment, compressor rental and up to 40 hrs. of Mechanical Development.

Additional development if required will be billed at $5,000/day Date: August 7, 2025
Phone: 209-394-8044
E-mail: [email protected]
Site: Well #9
UNIT
$ ll,2J5.00
$ 21,540.00
$ 68,920.00
$
$
$
TOTAL
11,235.00
21,540.00
68,920.00
Complete Pump Assembly Inspection with Report
Travel & per diem
Fuel Surcharge
$ 3,660.00
$ 10,380.00
$ 300.00
$
$
$
Total: $
3,660.00
10,380.00
300.00
116,035.00
NOTE{S):
• Price and delivery for the goods listed in this proposal are based on rurrent costs. The market for materials is highly volatile due to several global factors. Therefore, if our cost for any materials increase, we reserve the right to adjust our prices accordingly. If pricing has changed we will advise of the new price at time off order. • Site access for rubber tire vehicles to be provided and maintained by owner or owners representative.

All towing/dragging will to at owners expense. Standby rates will apply.

We propose to furnish material and labor •· in complete accordance with the above estimates, for the sum of $ 116,035.00 AS OUTLINED ABOVE, plus tax unless a current tax exempt certificate is provided. Payment to be made as follows: 1.5% 10 days Net 30. Partial billing may apply. Any unpaid balance over 30 days from the date of completion will have a finance charge added to the unpaid balance of 1.5% per month. All material is guaranteed to be specified. AU work to be completed rn a workmanlike manner according to stand&rd practices. My atteratkln or de.vfatkln from above specification involving extra costs will be executed only upon consu1tl1lg with dient and approval and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. W<! will maintain commercial general llabllity, business auromobile and workers compensation insurance for the duration of this W0fk. The owner should purchase any additional insurance he deems necessary fOf the protection of his interests.

ST! Authorized: _ __________ _
Printed Name/Tltle: ___________ _
Customer Accepted: _ _____________ _
Printed Name/Title: ______________ _
Date: Date: _ _____________ _ _ __________ _
WE ARE PlEASEO TO SU8MIT THE ABOVE QUOTATION FOR YOUR CONSIDERATION, SHOULD YOU PU\CE AN ORDER, BE ASSURED IT WILL RECEIVE OUR PROMPT AlTEl'/TION. THJS QUOTATION IS SUBJECTED TO THE CONDITIONS PRINTED ON REVERSE SIDE, AND IS VALID FOR 10 DAYS. THEREAFTER IT IS SUBJECTED TO OiANGE WITHD\IT NOTICE. 249 of 401
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as a part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.

IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

VI. Consultant’s billing rates for all personnel are attached as Exhibit C-1. 250 of 401
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
Not Applicable
251 of 401

STAFF REPORT
AGENDA ITEM: Authorizing and Approving Tobacco Grant Funding from the California Department of Justice through the Merced County Department of Public Health
MEETING DATE: September 02, 2025
PREPARED BY: John Ramirez, Interim Chief of Police

REVIEWED BY: Happy Bains, Finance Director/Assistant City Manager Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends the City Council adopt a resolution authorizing the City Manager to accept and allocate grant funding awarded under the California Department of Justice Tobacco Grant Program through the Merced County Department of Public Health to support enforcement, education, and outreach related to tobacco control efforts.

BACKGROUND AND DISCUSSION:

The City of Livingston has been awarded funding through the California Department of Justice’s Tobacco Grant Program through Merced County Department of Public Health for fiscal years 2024-2025, 2025-2026, 2026-2027. This grant is designed to support local jurisdictions in enforcing tobacco-related laws, conducting youth education and outreach, and reducing illegal sales of tobacco products to minors. Although approved for the beginning of fiscal year 2024-2025, the City of Livingston’s involvement would begin for fiscal year 2025- 2026.

The estimated costs associated with the implementation of this grant by the City of Livingston will be $43,500 for fiscal year 2025-2026 and $43,500 for fiscal year 2026-2027.

The City plans to use the grant funds to:
• Conduct operations targeting retailers for illegal sales/marketing of tobacco products to youth, including retail inspections, minor decoy operations, and undercover buys • Retailer and officer educational activities on tobacco laws and ordinances including providing education materials and on-site education
• Assist in establishing a new task force within Merced County in collaboration with other involved departments including the City of Livingston Police Department, City of Dos Palos Police Department, and Merced County Sheriff’s Office 252 of 401
FISCAL IMPACT:

The police department is requesting the finance department to make a supplemental budget appropriation for the following general fund accounts for:

Fiscal Year 2025-2026.
1100-102-4130 $43,000.00
1100-102-4619 $500.00
Total
1100-000-3352 $43,500.00
For Fiscal Year 2026-2027 our estimated/planned budget is as follows:
1100-102-4130 $43,000.00
1100-102-4619 $500.00
Total
1100-000-3352 $43,500.00
The FY 2026-2027 allocations will be budgeted within that fiscal year budget preparation at that time.

All project/enforcement related expenses will be reimbursed through the allocation of allowed grant funds.

ATTACHMENTS:

1. Tobacco Grant Resolution

2. Tobacco Grant Summary of Award

3. Tobacco Grant Program Grantee Handbook

4. Tobacco Grant Application

5. Tobacco Grant Exhibit B
253 of 401
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING

THE CITY MANAGER TO ACCEPT AND ALLOCATE FUNDING FROM THE CALIFORNIA

DEPARTMENT OF JUSTICE TOBACCO GRANT PROGRAM THROUGH THE MERCED

COUNTY DEPARTMENT OF PUBLIC HEALTH
WHEREAS, the California Department of Justic Tobacco Grant Program, administered through the Merced County Department of Public Health, has awarded the City of Livingston grant funding for Fiscal Years 2024-2025, 2025-2026, and 2026-2027; and WHEREAS, the purpose of the Tobacco Grant Program is to support local jurisdictions in enforcing tobacco-related laws, educating youth, conducting outreach, and reducing the illegal sale and marketing of tobacco products to minors; and
WHEREAS, the City of Livingston estimated implementation costs of $43,500 annually for fiscal years 2025-2026 and 2026-2027, all of which will be met or reimbursed through the grant; and
WHEREAS, the City of Livingston will use the grant funding to conduct targeted enforcement operations, including retail inspections, minor decoy operations, undercover buys, as well as education for retailers and law enforcement personnel regarding tobacco-related laws and ordinances, and assist in implementing a new county wide tobacco operations task force; and WHEREAS, The Tobacco Grant Program funding will enhance the City’s capacity to protect public health and safety without requiring additional City funding.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows:

Section 1. Accept grant funding from the California Department of Justic Tobacco Grant Program through the Merced County Department of Public Health for Fiscal Years 2025- 2026 and 2026-2027.

Section 2. Execute all necessary agreements and documentation required to receive and administer the funds.

Section 3. Allocate funds in accordance with the approved budget, scope, and requirements of the Tobacco Grant Program.

Section 4. The police department is requesting the finance department to make a supplemental budget appropriation for the following general fund accounts for the Fiscal Year 2025-2026.
1100-102-4130 $43,000.00
1100-102-4619 $500.00
Total
1100-000-3352 $43,500.00
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Section 5. For Fiscal Year 2026-2027 our estimated/planned budget is as follows:
1100-102-4130 $43,000.00
1100-102-4619 $500.00
Total
1100-000-3352 $43,500.00
The FY 2026-2027 allocations will be budgeted within that fiscal year budget preparation at that time.

All project/enforcement related expenses will be reimbursed through the allocation of allowed grant funds.

AYES:

NOES:

ABSENT:

ABSTAIN:

By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
Approved As To Legal Form
____________________________________
Marc Tran, City Attorney
of the City of Livingston
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TOBACCO GRANT PROGRAM

GRANTEE HANDBOOK
APRIL 2024

ROB BONTA
Attorney General

OFFICE OF THE ATTORNEY GENERAL
iberty
ndjust
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HANDBOOK FOR GRANTS MADE BY THE CALIFORNIA DEPARTMENT OF JUSTICE (DOJ) TO LOCAL AGENCIES UNDER PROPOSITION 56, THE HEALTHCARE, RESEARCH AND PREVENTION TOBACCO TAX ACT OF 2016 (ACT)
All items contained in this Handbook are subject to change. 261 of 401

TABLE OF CONTENTS
GRANT TERMS AND CONDITIONS ....................................................................... 3 Award Acceptance ............................................................................................................. 3 Required Opening Documents.............................................................................................................. 3 Grant Agreement.................................................................................................................................. 4 Start of Grant Activities......................................................................................................................... 4 Declination of Award ............................................................................................................................ 4 Performance Compliance, Audit, and Responsibility........................................................... 4 Reviews of Performance and Compliance ............................................................................................ 4 Non-Assignment.................................................................................................................................... 4 Procurement of Goods or Services....................................................................................................... 4 Supplanting ........................................................................................................................................... 5 Overpayment of Funds ......................................................................................................................... 5 Project Income...................................................................................................................................... 5 Non-Use of Funds.................................................................................................................................. 5 Non-Compliance ................................................................................................................................... 6 Withholding of 10% Pending Closeout ................................................................................................. 6 Audits.................................................................................................................................................... 6 DOJ Grant Management..................................................................................................... 7 Access.................................................................................................................................................... 7 Funding.............................................................................................................................. 7 Cost Criteria....................................................................................................................... 7 Allowable .............................................................................................................................................. 7 Reasonable............................................................................................................................................ 8 Allocable................................................................................................................................................ 8 Project Costs...................................................................................................................... 8 Personal Services (Personnel)............................................................................................................... 8 Operating Expenses and Equipment..................................................................................................... 8 Administrative Costs...........................................................................................................................10 Restricted Items............................................................................................................... 10 Record and Materials Maintenance.................................................................................. 11 262 of 401
Records Retention Period ...................................................................................................................11 Records to Maintain............................................................................................................................11 Tobacco Products................................................................................................................................11 Equipment...........................................................................................................................................11 Use of Submitted Data ..................................................................................................... 11 Public Records Act Notice................................................................................................. 12 GRANT MANAGEMENT .....................................................................................13 Invoicing .......................................................................................................................... 13 Invoice Packages................................................................................................................................. 13 Other Requirements ...........................................................................................................................13 Invoicing Frequency and Deadlines ....................................................................................................13 Reporting Requirements.................................................................................................. 14 Quarterly Progress Reports.................................................................................................................14 Enforcement Data Requirement.........................................................................................................14 Reporting Frequency and Deadlines...................................................................................................14 Modifications................................................................................................................... 14 Budget Modifications..........................................................................................................................14 Grant Modifications............................................................................................................................15 Extensions...........................................................................................................................................15 Closeout .......................................................................................................................... 15 DEFINITIONS .....................................................................................................16 263 of 401

GRANT TERMS AND CONDITIONS
By accepting these funds, your agency agrees to comply with, and be bound by, the conditions set forth in the Memorandum of Understanding (MOU) and documents incorporated by reference including the Request for Proposals (RFP), Program Regulations, Summary of Award, and this Handbook.

AWARD ACCEPTANCE

REQUIRED OPENING DOCUMENTS
Agencies must complete and submit each of the following documents in order to receive reimbursement from DOJ. Documents should be sent via email to [email protected].

Letter of Intent
Your award is not final upon initial notification. A Letter of Intent (LOI) to accept the award will be attached to the award notification. An awarded agency must affirm that either (1) it will seek a resolution to accept the award, if your agency has a governing body, or (2) no governing body exists and no resolution is required.

In order to officially accept the award, an awarded agency must return the completed, signed LOI within 15 calendar days of the date of the award letter.

Governing Body Resolution
If the awarded agency has a governing body from which it requires approval, the agency must submit a resolution from this governing body to DOJ in order to formally accept the grant. Once notified of selection, the awarded agency should promptly request the resolution to avoid funding delays.

The resolution must authorize the applicant to enter into agreement with DOJ, incur grant-related expenses, and receive reimbursement for those expenses. Also, the resolution should expressly authorize future amendments, if any, for the purpose of increasing funding provided in the original Grant Agreement, without an additional resolution from the governing body.

Government Taxpayer ID Form
The Governmental Taxpayer ID form is required in order for DOJ to reimburse your agency for grant expenses.

Summary of Award
The Summary of Award must be completed to reflect any reductions, restrictions, or requested revisions communicated by DOJ.

Memorandum of Understanding (MOU)
In order to be eligible for reimbursement of expenditures under the grant and start grant activities, an MOU between DOJ and the awarded agency is required. The MOU must be approved by a duly authorized representative of your agency or your agency’s governing body.

The MOU and other accompanying documents must be returned to DOJ via email to [email protected] within 90 calendar days of receipt. 264 of 401

GRANT AGREEMENT
The Grant Agreement represents the final agreement between DOJ and a Grantee that sets forth the terms and conditions of the Grant. The Grant Agreement includes the executed MOU, Request for Proposals (RFP) and associated documents, Summary of Award, Budget Detail, and this Handbook.

START OF GRANT ACTIVITIES
As noted above, prompt action to obtain the Governing Body Resolution (if the agency has a governing body) is imperative to start activities in a timely manner.

Once DOJ has signed the fully-executed MOU and verified that all required opening documents have been completed, the Grantee may begin funded activities and be eligible for reimbursement of expenditures.

DECLINATION OF AWARD
DOJ will consider an award declined in one the following instances:
• Failure to return the LOI within 15 calendar days of the date of the Award Letter; • Failure to execute the MOU and any other required documents within 90 calendar days of the date sent by DOJ; or
• Written notification from the awarded agency that they do not wish to accept the grant award.

PERFORMANCE COMPLIANCE, AUDIT, AND RESPONSIBILITY

REVIEWS OF PERFORMANCE AND COMPLIANCE
Grants and funding are subject to performance compliance reviews by DOJ and/or its designee in the form of site visits and other meetings, interviews with Grantees, contractors and other stakeholders, and review of relevant documents.

NON-ASSIGNMENT
The Grantee is the responsible agency and may not transfer or assign the grant to another entity.

PROCUREMENT OF GOODS OR SERVICES
The Grantee shall follow its own written procurement policies and procedures when procuring goods or services for activities relating to performance of the grant. All documents related to the procurement of goods or services shall be maintained by the Grantee for the records retention period of five years and copies shall be provided to DOJ when requesting reimbursement.

Use of Contractors
Grantees may contract for services under the following conditions:
• Contractor services must be clearly included within the Grantee’s approved Summary of Award and limited to the purpose of achieving the grant objectives specified. 265 of 401
• Grantees shall have a written agreement with each contractor and, prior to execution, shall submit a copy of the agreement to DOJ for review of alignment with the Summary of Award and provisions of the Grant Agreement as applicable.
• Grantees are responsible for ensuring that each contractor complies with the Grant Agreement, including, if applicable, collecting and reporting of progress and inspection data and disallowance of supplanting and restricted items.
• Contracting shall not affect the Grantee’s overall responsibility for the management of a Project, and the Grantee shall reserve sufficient rights and control to enable it to fulfill its responsibilities for the grant.

SUPPLANTING
Supplanting is prohibited. Supplanting is defined as using grant funds to pay for costs that are already funded within your agency’s budget, or for which other funding has already been received, in order to reallocate existing funding to other purposes. The effect of supplanting would be to reduce the total amount that would have been available for the purpose stated in the application or grant agreement.

If DOJ or the California State Auditor identifies that supplanting has occurred, DOJ may pursue remedies for non-compliance.

OVERPAYMENT OF FUNDS
If an agency is inadvertently reimbursed for more than the amount expended, the overpayment of funds must be returned to DOJ. If the grant for which the funds are being returned is still active (within the term of the MOU), then the returned funds can be shown as a credit on the next claim submitted for reimbursement. If the grant term has ended, the agency must return the funds within 90 days of notice of overpayment. Checks should be made payable to the California Department of Justice and mailed to:

California Department of Justice
Division of Operations
Tobacco Grant Program – 8th floor
P.O. Box 160187
Sacramento, CA 95816

PROJECT INCOME
Income generated from a project, if any, may be reinvested by the Grantee into the project for which the grant was awarded, returned to DOJ, or DOJ may approve other uses by the Grantee in accordance with the general purposes of the grant. Project income does not include fines, penalties, legal costs, attorney’s fees, or other property collected as a result of enforcement actions by the Grantee.

NON-USE OF FUNDS
Grantees are expected to start operations within six months of the execution date of the MOU, or approved start date, and are responsible for advising DOJ if they are unable to do so.

Grantees who have not started their project and expended any funds within the first year of the beginning of the grant term shall forfeit their award.
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NON-COMPLIANCE
In the event a Grantee fails to comply with any of the terms and conditions of the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund or Grant Agreement, DOJ will notify the Grantee in writing.

In the event DOJ and a Grantee are unable to resolve a Grantee’s non-compliance with the terms and conditions of the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund or Grant Agreement within 30 calendar days of the written notice, DOJ may take one or more of the following actions:
• Withhold payments
• Recover funds paid to the Grantee
• Impose additional conditions on the Grantee
• Terminate the Grant Agreement
• Disqualify the Grantee from consideration for future grants WITHHOLDING OF 10% PENDING CLOSEOUT
DOJ may withhold the final reimbursement claim(s) or 10% of the grant amount, whichever is more, pending approval by DOJ of the final Quarterly Progress Report (QPR).

AUDITS
Grantees and sub-recipients are subject to audit by both the California State Auditor and DOJ (Rev. & Tax. Code, § 30130.56, subdiv. (a)). In addition to formal audits, DOJ may conduct site visits and request other meetings with reasonable notice. Grantees are expected to be available for these meetings. All documentation related to the receipt and use of grant funds shall be made open to inspection upon request by the California State Auditor and/or DOJ.

Grantees are subject to a financial compliance review in the form of an audit, an agreed-uponprocedure, and/or both. A review will be conducted in accordance with the Generally Accepted Government Auditing Standards and Revenue and Tax Code, sections 30130.56 and 30130.57, subdivisions (e)(1), (f) & (g), designed to accomplish any one or more of the following: to monitor compliance with the requirements of the grant program and the terms and conditions of the grant agreement; to assess the quantity, quality, timeliness and cost of services the Grantee produces and delivers under the terms and conditions of the grant agreement; and to assess the performance of any contract entered into by a Grantee relating to a grant.

Grounds for Audit Exception
One or more of the following shall be grounds for an audit exception, which may require the refund of amounts paid with grant funds:
(1) Failure to fully complete the work or services described in the Summary of Award document; (2) Failure to assess the performance of any contract entered into by a Grantee; or 267 of 401
(3) Failure to maintain documents, records, receipts, and financial accounts supporting the expenditures reimbursed with grant funds.

DOJ GRANT MANAGEMENT
Each agency will be assigned a Grant Program Officer from DOJ for assistance with implementation and oversight of the agency’s specific grant program throughout the life cycle of the grant. Grant Program Officers will maintain regular communications with their agencies and will provide administrative direction and guidance.

ACCESS
Upon reasonable notice, Grantees shall allow DOJ access to the records of the project, the project sites (if applicable), and any employees or contractors who may reasonably have information related to the project. Also, upon reasonable notice, Grantees shall allow DOJ to accompany the Grantee on projectrelated activities.

FUNDING
All expenses claimed for reimbursement, including contracted services, must already be paid by the Grantee. Expenses incurred by subcontractors as part of the project must be invoiced to and paid by the Grantee for reimbursement. DOJ will not reimburse any amount greater than the actual cost of the expenses to the Grantee.

Goods and services must be received, invoiced, and paid by the Grantee during the Grant Term in order to be eligible for reimbursement. Any funds spent after the expiration of the Grant Agreement cannot be reimbursed, regardless of when they were obligated or problems with vendor fulfillment.

COST CRITERIA

ALLOWABLE
In general, costs must meet all of the following general criteria to be allowable. An allowable cost must:
• Be reasonable for the performance of the grant, and allocable to the grant • Be accorded consistent treatment
• In the event a cost is assigned in one way and another cost incurred for the same purpose in like circumstances was previously allocated in the agency’s budget in another way, the Grantee shall provide a description of both the current and the prior assignments. The description shall be sufficient for DOJ to ascertain whether or not funds have been supplanted. • Be adequately documented
• Comply with the California Healthcare, Research and Prevention Act and terms and conditions of the Grant Agreement
• Not be disallowed under the terms of the Grant Agreement 268 of 401
• Comply with applicable laws and regulations

REASONABLE
A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.

In determining the reasonableness of a given cost, consideration will be given to:
• Whether the cost is generally recognized as ordinary and necessary for the proper and efficient performance of the grant
• The requirements of the grant program and the terms and conditions of the grant agreement • Market prices for comparable goods or services for the geographic area • Whether the Grantee deviates from its established practices and policies regarding the incurrence of costs, which may unjustifiably increase a cost

ALLOCABLE
A cost is allocable to the grant if the cost is incurred for grant-related activities.

Unless otherwise provided for in the grant agreement, if a cost is incurred for the performance of grantrelated activities and also for other non-grant-related activities, and benefits both grant and non-grant activities, the proportion that is incurred for the performance of grant-related activities may be approximated using reasonable and properly documented methods and assigned to the grant.

PROJECT COSTS
Project costs may include the reasonable and necessary cost of tobacco-enforcement related items required to conduct grant-related operations. Specific costs that may be supported by funds awarded under the Tobacco Grant Program are as follows:

PERSONAL SERVICES (PERSONNEL)
Salaries, overtime, and benefits are allowable expenses as approved within the Grantee’s budget.

Amounts claimed must be based on actual wages and supported by payroll and attendance records kept by the agency and must be made available to DOJ upon request.

OPERATING EXPENSES AND EQUIPMENT
Equipment
Equipment that directly supports the applicant’s project proposal may be purchased using grant funds if approved within the Grantee’s budget. Equipment should be purchased within the first year of the project in order to maximize its utility during the grant term. Acceptable documentation for equipment purchases include copies of receipts and proof of payment (copies of checks or credit card statements).

Maintenance of property records related to equipment is required.

Travel
Travel by Grantees for tobacco-related grant activities (if approved within the Grantee’s budget) shall be in accordance with the State of California’s written travel policies, and subject to any further 269 of 401
requirement in the grant agreement. Travel that directly supports the applicant’s project may be reimbursed using grant funds subject to limitations indicated below.

Out-of-state travel requires prior approval and may be subject to additional restrictions.

Travel Cost and Reimbursement Limitations
Travel may be billed and reimbursed only as allowed by the State of California’s established travel reimbursement rates in effect as of the date(s) of travel and must be included in the approved budget.

Travel expenditures that exceed the State's allowable rates will be reimbursed only up to the amount allowed and the Grantee will be responsible for the balance.

Travel costs may only consist of the reasonable and necessary charges for commercial fares, public transportation, private vehicle, overnight and day parking of private or rental vehicles, bridge and road tolls, meals, lodging, and incidentals, incurred for travel necessary for the performance of the grant.

Documentation of Travel Expenses
Travel costs shall be substantiated by receipts made available to DOJ upon request for reimbursement.

Acceptable documentation of travel expenses includes copies of receipts for meals, lodging, etc., and if applicable, completed agency mileage forms. All receipts must show ‘paid’.

Training
Each grant recipient should send at least one representative to a workshop offered by the Tobacco Grant Program during the first year of each grant award.

All trainings must be Tobacco Grant-related. If the training is not offered by DOJ and specifically related to the Grant Agreement, then prior approval must be sought. To obtain prior approval for training, the Grantee must submit specific training information (e.g., flyer, agenda, registration notification, etc.) to confirm it covers tobacco-related content. No portion of training covering non-tobacco topics (e.g. alcohol, cannabis, or other drugs) will be reimbursable. Acceptable documentation for reimbursement of training expenses includes copies of receipts, proof of payment, and training information and approval notification from DOJ as noted above. Any travel associated with the training must comply with travel requirements noted above.

Other Expenses
Supplies and Materials
Supplies and materials that directly support the applicant’s project and are not restricted items may be purchased using grant funds. Items in this category must not meet the definition of Equipment and may be consumable.

All items which include artwork and/or anti-tobacco messaging require pre-approval from DOJ. As a guideline, the anti-tobacco logo/message must be the prominent feature and should be at least 25% larger than any other logo/message in the design. If there is a front and back to an item, the antitobacco logo/message must be placed on the front.

Examples of allowable supplies/materials (if approved in the budget) include but are not limited to:
• Education materials (pamphlets, brochures, flyers).
• Community outreach items (e.g., pop-up tent, table, tablecloth, prize wheel). 270 of 401
• Promotional materials with an anti-tobacco message (e.g., hats, t-shirts, pencils/pens, water bottles, draw string/reusable bags, lanyards). The anti-tobacco messaging should be predominant and can be an image and/or text. Approval of logo/messaging is required from DOJ prior to purchase of the items.

Operating Costs
Examples of allowable operating costs (if approved in the budget) include, but are not limited to:
• Contracts and inter-agency agreements.
• Cell phone, including monthly service costs, allocable to grant project activities. • Media campaigns (prior approval of logos, language/statements to be used, pictures/graphics, etc., must be obtained from DOJ prior to expenditure of funds). • Office equipment (e.g., laptop/PC/printer) allocable to the grant project activities. • Video/Audio recording devices (for enforcement operations). • “Buy Money” used in the course of enforcement operations.

ADMINISTRATIVE COSTS
Administrative costs, if included in the Grantee’s budget, are limited to no more than 5% of direct project expenses (See Rev. & Tax. Code, § 30130.57, subd. (f) and (g)).

RESTRICTED ITEMS
Grant funds shall not be used to purchase items that are considered restricted and/or intended for personal use. Examples include but are not limited to:
• Ammunition
• Awards
• Award certificates
• Balloons
• Briefcases
• Calendars (decorative)
• Cleaning supplies
• Coffee pots and supplies
• Drones
• Facilities lease/rent
• Facilities renovations
• Firearms and related accessories (scopes, holsters, racks, etc.) • Food, beverages, and any other consumables (including for meetings/conferences) • Gift Cards
• Hand sanitizers
• K9
• Kleenex/tissue papers
• Luggage
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• Luggage carriers
• Pepper spray
• Personalized products used to advertise an agency and/or programs (e.g., pens, magnets) that are not specific to an anti-smoking/anti-tobacco campaign • Picture frames
• Plastic eating utensils
• Portable fans
• Portable heaters
• Refrigerators
• Ribbons
• Uniforms and standard complement items (battle dress uniforms, vests, boots, etc.) • Vehicles and/or vehicle trailer purchases (vehicle usage, leases, fees, and mileage reimbursement are allowable)
If there is a question about whether an item will be approved for reimbursement, then prior approval from the Tobacco Grant Program should be sought.

RECORD AND MATERIALS MAINTENANCE

RECORDS RETENTION PERIOD
Your agency must maintain grant records for the retention period established by your agency for those types of records OR for five years after a grant is closed out by DOJ, whichever is longer.

RECORDS TO MAINTAIN
Your agency must maintain records relating to the application, grant agreement, budget, and performance of projects. These records include, but are not limited to, reports of enforcement activities, educational programs, policy programs; personnel activity records; payroll records; travel claims; receipts; documents showing the calculation or methodology for determining whether funds were supplanted; and documents showing the calculation or methodology for determining administrative costs.

TOBACCO PRODUCTS
Grantees shall retain and preserve the tobacco products purchased or otherwise obtained during the course of performing a project, and the purchase records for such tobacco products, in accordance with the Grantee’s written policies regarding retention, destruction or forfeiture of such items.

EQUIPMENT
Grantees shall maintain property records for the records retention period for each item of tangible property considered as equipment.

USE OF SUBMITTED DATA
Data submitted pursuant to the Grant Agreement may be compiled for DOJ use. 272 of 401

PUBLIC RECORDS ACT NOTICE
Grant documents, including correspondence, are considered public records and subject to the disclosure requirements of the California Public Records Act (CPRA) as solely determined by DOJ. 273 of 401

GRANT MANAGEMENT

INVOICING

INVOICE PACKAGES
Submit invoices using DOJ-provided forms with all required attachments via email to [email protected].

A complete invoice package must include:
• The invoice cover page signed by the agency representative; • The invoice detail pages; and
• Documentation of costs incurred and their subsequent payment for all Operating Expenses and Equipment (Section B) claimed. Goods and services received must be shown to have been paid in full.

Grantee must be in possession of supporting documentation for all claimed expenses prior to requesting reimbursement.

OTHER REQUIREMENTS
Prior to authorizing reimbursement on invoices submitted, DOJ will compare expenses claimed against all required reporting.

INVOICING FREQUENCY AND DEADLINES
Invoices, or requests for reimbursement, must be submitted quarterly (in arrears) by the deadlines listed below. If the date falls on a weekend or holiday, the reimbursement package will be due on the next business day:

Table 1. Invoicing Timeline
Quarter Date Range Covered
(based on payment dates)
Due Date
Summer July 1 – September 30 October 15
Fall October 1 – December 31 January 15
Winter January 1 – March 31 April 15
Spring April 1 – June 30 July 15
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REPORTING REQUIREMENTS

QUARTERLY PROGRESS REPORTS
Quarterly progress reports (QPRs) must be submitted electronically using a unique link and instructions sent by DOJ via email prior to each report due date. Grantees are expected to describe grant activities undertaken pursuant to the grant during the reporting period.

ENFORCEMENT DATA REQUIREMENT
Grantees performing tobacco retail enforcement or inspections must provide supplemental data regarding these activities on the same schedule as QPRs. This data must be submitted separately to [email protected] using the DOJ-provided form.

REPORTING FREQUENCY AND DEADLINES
Reports referenced below must be submitted quarterly by the deadlines listed below. If the date falls on a weekend or holiday, the report will be due on the next business day.

Table 2. Reporting Timeline
Quarter Date Range Covered
(based on activity dates)
Due Date
Summer July 1 – September 30 October 15
Fall October 1 – December 31 January 15
Winter January 1 – March 31 April 15
Spring April 1 – June 30 July 15

MODIFICATIONS
Grantees seeking to modify any aspect of their grant should first contact their Grant Program Officer by emailing [email protected] for assistance. Specific cut-off dates and limitations may apply.

BUDGET MODIFICATIONS
A Budget Modification is limited to moving funds from one fiscal year to another and/or realigning funds between existing line items up to a 10% increase of the original amount awarded for any single line item across all fiscal years. Budget Modification requests require the submission of the Modification Request form and a revised Budget Detail.

Up to three Budget Modifications are allowed per fiscal year during the Grant Term. 275 of 401

GRANT MODIFICATIONS
A Grant Modification involves change to the Grant Agreement that exceeds the scope of a Budget Modification. Requests for a Grant Modification may propose changes to the use of grant funds, project description, project timeline, or other changes related to the project or budget. Grant Modification requests require submission of the Modification Request form including written justification of the need for changes and description of how the proposed changes align with the grant award. Requests modifying the budget require submission of a revised Budget Detail. Requests modifying goals and activities require submission of a revised Summary of Award.

Only one Grant Modification is allowed during the Grant Term.

EXTENSIONS
DOJ cannot reimburse for any expenses paid after the end date of the Grant Term as specified in the MOU. Flexibility to expend funds across four fiscal years is built into the MOUs. DOJ will not consider requests to extend the Grant Term unless received by DOJ at least six months prior to the end date of the MOU.

CLOSEOUT
DOJ shall conduct closeout review activities prior to closing out each grant to ensure that all necessary administrative actions and projects have been completed by the Grantee. Closeout review activities include, but are not limited to, review of required reporting, verification that any performance issues are resolved, and verification that any audit or agreed-upon-procedure findings are resolved. 276 of 401

DEFINITIONS
The following definitions apply to the Tobacco Grant Program:

Administrative Costs
The necessary and reasonable indirect expenses as allowed under the terms and conditions of the grant agreement.

Application
An application is a request by an eligible agency to receive a grant from DOJ pursuant to Revenue and Taxation Code section 30130.57, subdivision(e)(1).

Contractor
An entity or person, including a consultant, that enters into a contract with a Grantee to perform an approved grant-related activity. May also be referred to as a “Partner.” DOJ
The California Department of Justice.

Equipment
An item that has a per-unit acquisition cost of $5,000 or more and a useful life of at least one year.

Equipment should be purchased within the first year of the project in order to maximize its utility during the grant term.

Grant
An award of financial assistance made to a Grantee, the principal purpose of which is the transfer of funds to carry out a project of public benefit authorized and intended by Revenue and Taxation Code section 30130.57, subdivision (e)(1), a Proposal, and the Grant Agreement between the Grantee and DOJ.

Grant Agreement
The final agreement entered into between DOJ and a Grantee, which sets forth the terms and conditions of the Grant. The grant agreement includes the executed MOU, Request for Proposals and associated documents, Summary of Award document, Budget Detail, and this Handbook.

Grant Program Officer
A DOJ staff member assigned as the primary point-of-contact for Grantees with regards to the implementation and administration of the grant. Formerly titled “Grant Administrator.” Grant Term
The period of time provided for in the Grant Agreement. Previously referred to as “Grant Duration.” Grantee
A local agency to which a Grant is awarded.
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Inspection Data
Information regarding retailer inspection or enforcement activity by a Grantee under the terms of the grant agreement, including, but not limited to, information about retailer location, retailer violations, retailer inspections, and retail-related citations, licensing actions, administrative proceedings, diversion proceedings, and prosecutions. Inspection data includes information regarding such activities whether or not a violation was found or a citation was issued. A grant agreement may contain further information about what constitutes inspection data, how it is to be gathered and retained by a Grantee, and how and when it is to be reported to DOJ.

Letter of Intent (LOI)
A document affirming an awarded agency’s intent to accept the grant award.

Local Law Enforcement Agency
A local government entity, such as a county, city, district, public authority, public agency, and any other political subdivision or public corporation that can support and hire law enforcement peace officers (as defined in Penal Code section 830) and is authorized to:
(1) Investigate or conduct an official inquiry into enforcement of state and local laws, ordinances, regulation, and policies related to the illegal sales and marketing of tobacco products to minors and youth, or
(2) Prosecute or otherwise conduct a criminal or civil proceeding arising from the illegal sales of tobacco products to minors and youth.

Project
An undertaking that is planned to conduct activities and achieve stated goals and objectives for which funds were awarded by DOJ to a Grantee from the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund.

Quarterly Progress Reports (QPRs)
Reports of grant-related activity performed in accordance with the approved project. Submission of these reports is required on a quarterly basis.

Records Retention Period
The period of time after the grant is closed out that a Grantee must maintain records related to the grant, which is at least five years from the date the grant is closed by DOJ.

Request for Proposals (RFP)
A solicitation for project proposals from eligible Local Law Enforcement Agencies.

Summary of Award
Document that contains the Grantee’s approved goals/objectives and budget narrative reflective of any reductions and/or revisions.

Supplant
Using grant funds to pay for costs that are already funded within your agency’s budget, or for which other funding has already been received, in order to reallocate existing funding to other purposes. The 278 of 401
effect of supplanting would be to reduce the total amount that would have been available for the purpose stated in the application or grant agreement.

Tobacco Products
The same meaning as in Revenue and Taxation Code section 30121. 279 of 401
2024/25 Tobacco Grant Program -
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2. Agency Profile
Agency Name
Merced County
Division/Section/Department
Public Health
County
Merced County
Entity Type
Public Agency
Agency Type
Public Health
Does agency have authority to enforce state tobacco laws or local tobacco ordinances covering retail establishments?
No

3. Submitter Information
First Name
Marisol
Last Name
Please review your responses for completeness and accuracy.

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Torres
Job Title
Division Manager
Classification/Contact Role
Agency Staff Member
Street Address 1
260 E. 15th St.

City
Merced
Zipcode (5 or 9 digits w/dash)
95341
Phone Number
(209) 381-1200
Email Address
[email protected]
Confirm Email Address
[email protected]

4. Alternate Agency Contact
First Name
Lizbeth
Last Name
Bravo
Classification/Contact Role
Agency Staff Member
Street Address 1
260 E. 15th St.

City
Merced
Zipcode (5 or 9 digits w/dash)
95340
Phone Number
(209) 381-1065
Email Address
[email protected]
Confirm Email Address
[email protected]
Do you have additional alternative contact for your agency? Yes

5. Alternate Agency Contacts
2 First Name
Jessica
Last Name
Montoya-Juarez
Street Address 1
260 E. 15th St.

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City
Merced
Zipcode (5 or 9 digits w/dash)
95340
Phone Number
(209) 381-1200
Email Address
[email protected]
Confirm Email Address
[email protected]

6. Project Summary
Funding Requested
$1,079,739
Funding Duration
36 months
Planned Start Date (MM/DD/YYYY)
11/01/2024
Summary of Proposed Project.

Socio-economic characteristics associated with tobacco use are prevalent in Merced. Risk factor such as low educational attainment and poverty rates are higher than the state of California (CA). According to the 2022 CA Tobacco Facts and Figures, Tobacco products sold to underage decoys among licensed tobacco retailers, in the Central Valley Region, which includes Merced County, the retailer violation rate is 33.3%.

This is 5.6% higher than the statewide average of 27.7%.

Moreover, the 2022 Merced County Department of Public
Health (MCDPH) Community Health Assessment (CHA)
surveyed 639 community members and "just under half of
those surveyed agreed or strongly agreed that it is easy to obtain drugs, alcohol, or tobacco products" in Merced County.

This highlights the need for tobacco prevention and
enforcement initiatives in Merced County. The MCDPH will collaborate with Dos Palos, Livingston Police, Sheriff's Office, and young adults to assist with enforcement of state tobacco laws, compliance checks, and law enforcement education. The planned interventions for this grant will include minor decoy operations, and undercover buys in stores. Finally, these efforts ensure limited youth access to tobacco products in Merced County.

7. Partnering Agencies
Will your agency have other local agencies, departments, or contractors involved to complete any of the proposed activities? Yes
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8. Partner Agency and Roles
Partner Agency 1
City of Dos Palos Police Department
Partner Agency Roles in Project
The City of Dos Palos Police Department's role in this project is as a subcontractor to conduct minor decoy, and/or undercover buys in stores; conduct compliance checks and inspections of tobacco retailers. In addition, attend Task Force Meetings.

Do you have additional partnering agencies to add?
Yes

14. Problem Statement
Geographic Areas Covered by Project
For this project, the MCDPH will partner with the cities of Dos Palos (93620), Livingston (95334), and the Sheriff's Office to implement Tabacco enforcement efforts. The City of Dos Palos is located 17 miles southeast of Los Banos. The City of Livingston is located 7 miles west-northwest of the City of Atwater. The Sheriff's Office will serve the unincorporated areas of the county in the hard-to-reach areas (95365, 95333, 95388) of Planada, LeGrand, Winton and Ballico (95388).

Total Population within Project Area (Resource for data:
https://cthat.org/)
48113
Population % Under Age 21 within Project Area (Resource for data:
https://cthat.org/)
16090
Retailers within Project Area (Resource for data: https://cthat.org/) 54 Retailers within 1,000 Feet of Schools (within Project Area) - Resource for data: https://cthat.org/
20 Local Ordinance for Flavored Tobacco?
No
Have prosecutors or public attorneys in the project area filed cases against retailers in past two years?
No
Problem Statement Narrative
Merced County (MC) tobacco use rates, 6.2%, are significantly higher than the state 10.9%. Tobacco use in minors is a major concern. Youth smoking rates are concerning when considering

7.3% of youth use any tobacco product and 14.1% of children are exposed to secondhand smoke in the last 2 weeks.

Additionally, tobacco use was highest among 12th grader (9.4%), LGBTQ+ (11.4%), and those with mental health (14.8%).

The most common method of obtaining cigarettes was buying them (26.5%) and purchasing at a gas station/convenience store (41.0%). This data concurs with MCDPH 2023 CHA, where 44% of respondents stated that it was easy to purchase
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Tobacco products.

Systematic level enforcement interventions have not been implemented across all communities in MC. Previously
implemented tobacco control programs in MC addressed
outcomes in unincorporated areas. Collaboration with
Livingston PD, Dos Palos PD, and the Sheriff's will extend these health interventions to the most underserved communities within MC. A factor that exacerbates negative health outcomes among the youth is the positioning of tobacco retailers. There are over 200 tobacco retailers in MC. 57.3% of MC stores sell tobacco products near candy compared to the state's 39.1%.

15. Goals and Objectives
Activity Area
Retailer Inspections
Minor Decoy Operations
Undercover Buys
Retailer Education
Enforcement Officer Education
Task Force

16. Retailer Inspections
Number of tobacco retailers that will be inspected per year 100
Will inspections address flavor ban (state law or local ordinance)? Yes
Additional details regarding retail inspections planned The Goal is to conduct 100 tobacco retailers inspection per year to ensure tobacco sellers are compliant with state laws and regulations.

Objective 1: By Q1, Train a minimum of three (3) young adults or youth to conduct retail inspections in Livingston, Dos Palos, and in the unincorporated areas of Merced.

Objective 2: By Q4, conduct a minimum of 100 retailers' observations in Merced County.

17. Minor Decoy Operations
Number of minor decoy operations planned per year
20 Number of tobacco retailers targeted for operations
20 Will operations address retail flavor ban (state law or local ordinance)?
Yes
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Additional details regarding minor decoy operations planned The MCDPH's goal is to reduce youth access to tobacco by conducting minor decoy operations in collaboration with Dos Palos PD, Livingston PD, and the Sheriff's Office. Minor decoy operations will be performed in order to deter retailer sale to underage youth. The MCDPH will train at a minimum 4 young adults on how to conduct minor decoy operations. In addition, at a minimum conduct two rounds of minor decoy operations, visiting each store at least twice in the grant period.

Furthermore, MCDPH staff will be conducting
educational/informational visits to retailers, this includes once before minor decoy operations are conducted and after
operations are conducted. MCDPH website will be updated to include Tobacco education for retailers.

19. Undercover Buy
Operations
Number of undercover buy operations planned per year
4 Number of tobacco retailers targeted for operations
4 Will operations address retail flavor ban (state law or local ordinance)?
Yes
Additional details regarding undercover buy operations planned The Dos Palos PD, Livingston PD and Sheriff's Office will conduct at a minimum 4 undercover buy operations per year.

The Goal is to reduce the illegal sales of tobacco products to persons under 21 years of age through effective enforcement of the STAKE Act. The MCDPH will conduct at minimum 2
tobacco enforcement training to local law enforcement agency partners to effectively conduct undercover buy operations within their jurisdiction.

20. Retailer Education
Type of Educational Activity
On-site Education
Other: Social Media campaign and website
Number of retailers to receive educational materials per year 20 Number of retailers to receive education on-site per year 20 Will on-site retailer education address retail flavor ban (state law or local ordinance)?
Yes
Additional details regarding educational activities
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promotes tobacco control. Grant funds for this proposal will be used to collect surveys that provide updated information on youth tobacco use and where products are purchased. Surveys results will be used to target retailers and create tailored messages for youth/retailers.

21. Enforcement Officer
Education
Number of officers to receive tobacco education per year 5 Will officer education address retail flavor ban (state law or local ordinance)?
Yes
Additional details regarding enforcement officer education planned MCDPH staff observed in previous grant cycles that our
jurisdiction uses Penal Code 308 instead of STAKE Act. This is an equity concern since retail clerks are cited instead of the owner. Moreover, since Penal Code 308 cites the employee making the transaction instead of the owner, the store may continue to sell to minors, as they may not be aware of the illegal sale. MCDPH believes this practice may be happening uniformly across the county, therefore MCDPH plans to provide training and technical assistance to law enforcement.

Objective 1: Meet with Law Enforcement across the county to discuss tier education
Objective 2: Plan and conduct at a minimum STAKE Act training, and address equity concern. Training audience: Law
enforcement.

23. Task Force
Will the task force be newly created or does it already exist? New Task Force
Please describe the task force activities planned.

The MCDPH in collaboration will establish a task force to coordinate and share lessons learned on Tobacco enforcement operations activities in Merced County.

Objective 1: By Q1, the MCDPH will research and identify potential task force members to invite to the first Merced County Task Force Kick off Meeting.

Objective 2: By Q2, Recruit at a minimum two (3) law
enforcement agencies to participate in the Merced County Task Force.

Objective 3: By Q3, establish Merced County Task Force by planning and facilitating first kick off meeting.

Objective 4: By Q4, Establish Merced County Task Force
governance structure.

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25. Project Personnel
Does the applicant agency have personnel that will perform grant activities?
Yes

26. Project Personnel 1
Personnel Classification/Rank
Public Health Division Manager
Will operations by this personnel be done on overtime, straight time, or both?"
Straight Time
Percentage of Straight Time Planned (%)
5%
Personnel Duties
Retailer Education
Task Force
Additional details regarding personnel duties planned
The MCDPH Division Manager will be responsible in overseeing staff (In-Kind) responsible in developing Retailer Information Education packets. In addition to facilitating Task Force Meetings, and oversight of DOJ Tabacco subcontractors' scope of work and budget.

Are there additional personnel that will perform project activities? Yes

27. Project Personnel 2
Personnel Classification/Rank
Office Assistant III
Will operations by this personnel be done on overtime, straight time, or both?
Straight Time
Percentage of Straight Time (%)
5%
Personnel Duties
Retailer Education
Task Force
Additional details regarding personnel duties planned
MCDPH OA III will be responsible in developing and
disseminating retailer education materials to retail stores. In addition, will be assisting DM, and coordinator in planning and recording meeting minutes for Task Force Meetings.

Are there additional personnel that will perform project activities? Yes
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28. Project Personnel 3
Personnel Classification/Rank
Public Health Coordinator
Will operations by this personnel be done on overtime, straight time, or both?
Straight Time
Percentage of Straight Time (%)
0%
Personnel Duties
Retailer Education
Enforcement Officer Education
Task Force
Additional details regarding personnel duties planned
The MCDPH Program Coordinator (In-Kind) will provide retailer education to merchants and their staff members, will training Enforcement Officer regarding codes and regulations pertaining to Tobacco Enforcement. In addition, will recruit law
enforcement agencies to participate in the Task Force.

Are there additional personnel that will perform project activities? No

33. Grant History And
Community Support
Has your agency had a prior grant or does it have a current grant through the Tobacco Grant Program?
Yes
Prior Award(s) Comparison: Describe any interaction between proposed activities and those awarded under any prior grant.

Previous grant funding activities include conduct tobacco minor decoy operations for 50% tobacco retailers in Merced County at least in the grant period. Conduct a minimum of at least 100 retail observation to gather information on tobacco sale compliance, address equity by providing minimum of two
trainings. Engage at lease 3-6 youth to collect tobacco surveys and create one comprehensive tobacco prevention campaign targeted at retailers. Create a comprehensive data resource to be utilized for targeted enforcement and control. These initiatives were implemented during FY 2022-2023, in
collaboration with Los Banos PD, Atwater PD and the Sheriff's Department.

Prior Grant Successes/Challenges: Describe the agency's previous award(s) including successes and challenges. Provide evidence of the impact of the agency's previous actions performed as part of the previous grant award(s).

Previous DOJ award accomplishments include:
1) MCDPH collaborated with the Sheriff's Office to successfully complete minor decoy operations. 13 out of the 42 stores sold to minor decoys during 2019-2022. Each retailer was provided with subsequent education on the law.

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2) MCDPH provided direct education to 136 retailers during the grant cycle. All 136 retailers were provided informational packets that included informational sheets on law and impact of tobacco sales.
3) Youth successfully collected over 120 surveys from their peers in the City of Merced, Atwater and Winton. Youth then used this information to create educational materials for both youth and retailers. This information was used to promote tailored messages on social media.

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1. I have reviewed this application, and it is complete and accurate to the best of my knowledge. *
⚪ Yes
66%
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Exhibit B – Budget
Grant: Tobacco Law Enforcement Grant
Agency: Livingston Police Department
Budget/Budget Justification FY24 – FY25
Year 1 – FY24/25
Personnel and Fringe Benefits
Position Budget Justification Salary Hours Budget Request Police Officer 1 Officer will assist with minor
decoy operations.
/hr
Police Officer 2 Officer will assist with minor
decoy operations.
/hr
Police Officer 3 Officer will assist with minor
decoy operations.
/hr
Police Officer 4 Officer will assist with minor
decoy operations.
/hr
Police Sergeant Sergeant will oversee minor
decoy operations and Deputies.
/hr
Total
Total Personnel
Fringe Benefits
Fringe Benefits - % %
Total Personnel and Fringe Benefits $
Mileage
Local Travel (incounty)Travel costs for decoy
operations
(Mile rate) $0.70/mile
Total Travel $
Petty Cash
Cash for decoy operations $
Year 1 – Total Estimated Costs $41,500.00
Year 2 – FY 25/26
Personnel and Fringe Benefits
Police Officer 1 Officer will assist with minor
decoy operations.
/hr
Police Officer 2 Officer will assist with minor
decoy operations.
/hr
Police Officer 3 Officer will assist with minor
decoy operations.
/hr
Police Officer 4 Officer will assist with minor
decoy operations.
/hr
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I I
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Police Sergeant Sergeant will oversee minor
decoy operations and Deputies.
/hr
Total
Total Personnel
Fringe Benefits
Fringe Benefits - % %
Total Personnel and Fringe Benefits $
Mileage
Local Travel (incounty)Travel costs for decoy
operations
(Mile rate) $0.70/mile
Total Travel $
Petty Cash
Cash for decoy operations $
Year 2 – Total Estimated Costs $43,500.00
Year 3 – FY 26/27
Personnel and Fringe Benefits
Police Officer 1 Officer will assist with minor
decoy operations.
/hr
Police Officer 2 Officer will assist with minor
decoy operations.
/hr
Police Officer 3 Officer will assist with minor
decoy operations.
/hr
Police Officer 4 Officer will assist with minor
decoy operations.
/hr
Police Sergeant Sergeant will oversee minor
decoy operations and Deputies.
/hr
Total
Total Personnel $
Fringe Benefits
Fringe Benefits - % %
Total Personnel and Fringe Benefits $
Mileage
Local Travel (incounty)Travel costs for decoy
operations
(Mile rate)
$0.70/mile
Total Travel $
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Petty Cash
Cash for decoy operations $
Year 3 - Total Estimated Costs $43,500.00
Total 3-year Estimated Contract Cost $128,500.00
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STAFF REPORT
AGENDA ITEM: A Resolution of the City Council of the City of Livingston (1) Accepting the Bid and Awarding a Contract to Loprest, a Division of Water Remediation Technology, LLC, for the Total Bid Amount of $1,408,672.00 for the Supply of Greensand Filtration Equipment for Arsenic Treatment at Well No. 8A, and (2) Authorizing the City Manager to Execute the Agreement
MEETING DATE: September 2, 2025
PREPARED BY: Mario Gouveia, City Engineer

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

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

BACKGROUND AND DISCUSSION:

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

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

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

Contractor Bid
Loprest, a Division of Water Remediation
Technology, LLC.
$ 1,408,672.00
Engineer’s Estimate $ 1,390,000.00
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Staff recommends awarding a contract to Loprest, a Division of Water Remediation Technology, LLC., in the amount of one million four hundred eight thousand six hundred seventy-two dollars and zero cents ($1,408,672.00).

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

ATTACHMENTS:

1. Resolution No. 2025-___

2. Abstract of Bids

3. Contractor’s Bid and Detailed Breakdown

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

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

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

EXECUTE THE AGREEMENT
WHEREAS, the City of Livingston is currently in the process of constructing the new Well No. 8A; and
WHEREAS, the groundwater quality testing results obtained during well development indicated that the water produced by the new well will contain arsenic in excess of the State’s MCL of 10µg/l; and
WHEREAS, the major work consists of supplying greensand filtration equipment for the arsenic treatment at Well No. 8A which will be procured by the City and installed separately as part of a construction contract for the Well No. 8A site; and
WHEREAS, the Invitation to Bid for the Supply of Greensand Filtration Equipment project was advertised in the Merced Sun Star on July 23, 2025, and July 30, 2025; and WHEREAS, a total of one (1) bid was received and read aloud at 2:00 p.m. on August 6, 2025, at the City of Livingston City Hall, this being the advertised bid opening date and time. The bid results were as listed below:

Contractor Bid
Loprest, a Division of Water Remediation
Technology, LLC.
$ 1,408,672.00
WHEREAS, the Engineer’s Estimate was $1,390,000.00; and WHEREAS, the bid has been reviewed by the City Engineer, and Loprest, a Division of Water Remediation Technology, LLC., submitted the lowest responsive and responsible bid; and WHEREAS, it is in the best interest of the City of Livingston to award the Supply of Greensand Filtration Equipment contract to Loprest, a Division of Water Remediation Technology, LLC., as it is the lowest responsive and responsible bid; and
WHEREAS, funding for this project was encumbered in fiscal year 2025/2026 in the Water Capital Fund (2104-830-7641); and
WHEREAS, The City Council of the City of Livingston accepts the bid from Loprest, a Division of Water Remediation Technology, LLC., and now desires to enter into an agreement to construct the project.

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

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

2. Awards the Supply of Greensand Filtration Equipment contract to Loprest, a Division of Water Remediation Technology, LLC., in the total bid amount of one million four 295 of 401
hundred eight thousand six hundred seventy-two dollars and zero cents ($1,408,672.00) from the approved fiscal year 2025/2026 budget from the Water Capital Fund (2104-830-7641), which construction contract is attached hereto as Exhibit “A” and finds that said award is in the best interest of the City.

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

4. This resolution will become effective immediately.

AYES:

NOES:

ABSENT:

ABSTAIN:

By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
____________________________________
Marc Tran, City Attorney
of the City of Livingston
296 of 401

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

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

BID TOTAL
640.34
I
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Extremely Urgent
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CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS

BID BOOK
FOR

SUPPLY OF GREENSAND

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

GOUVEIA ENGINEERING
456 Sixth Street, Gustine, California 95322
299 of 401

BID BOOK

TABLE OF CONTENTS
PROPOSAL TO CITY ..................................................................................................................................... 1-12 BID SCHEDULE ... .... ............................................ .......... ............................................ ......... .... .. .... .................. 3-12 STATEMENT OF QUALIFICATIONS ............... ..................... .. .................... .. .. .. .... .. .. .......... ........................... 4-12 EQUAL OPPORTUNITY CERTIFICATION ............ .... .......... .............. .. ........... .. .......... ... ................................ 5-12 PUBLIC CONTRACT CODE STATEMENTS .. ..................... .................... .............. ........................................ 6-12 PUBLIC CONTRACT CODE QUESTIONAIRE ............................................... .. ............................................. 7-12 CONTRACTOR'S CERTIFICATION REGARDING WORKER'S COMPENSATION INSURANCE ............... 7-12 NONCOLLUSION AFFIDAVIT .. ............................................ ........ ............ ................ .... ... ........ .. ...... ............... 8-12 DEBARMENT AND SUSPENSION CERTIFICATION .. ................... ............ ......... .. ....................................... 9-12 NPDES/MS4 COMPLIANCE CERTIFICATION ...................... ....................... ................... .. ........ .................... 9-12 SIGNATURE PAGE ............... ............................ ............ ........................... .. .. ............... ................................... 10-12 BID BOND ..................................................................... .......................................... ........................................ 11-12 - TABLE OF CONTENTS I - 300 of 401

PROPOSAL TO THE CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS
NAME OF BIDDER __ L_o_p_re_s_t,_a_D_i_v_is_io_n_o_f _WR_T ____________ _ BUSINESS P.O. BOX ___________________ _
CITY, STATE, ZIP _____________________ _
( Please include even if P. 0 . Box used)
BUSINESS STREET ADDRESS 901 W 116th Ave., Suite 400
CITY, STATE, ZIP __ W_ es_t_m_in_s_te_r_, C_O_8_0_23_4 _____________ _ TELEPHONE NO.: AREA CODE ( 303 ) _4_2_4_-5_3_55 __________ _ FAX NO.: AREA CODE ( ) ______________ _
CONTRACTOR LICENSE NO.: _________________ _
Department of Industrial Relations (DIR) Registration No.: _________ _ The work for which this proposal is submitted is for construction in accordance with the special provisions (including the payment of not less than the State general prevailing wage rates), the project plans described below, including any addenda thereto, the contract annexed hereto, and also in accordance with the Current California Department of Transportation Standard Plans, Standard Specifications, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.

The special provisions and plans for the work to be done are dated July 2025 and are entitled:
640.34

CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS

CONTRACT DOCUMENTS
FOR

SUPPLY OF GREENSAND

FILTRATION EQUIPMENT
BID 1 of 12
301 of 401
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.

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

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

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

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

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

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

The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal is accepted, that he will contract with the CITY of LIVINGSTON, in the form of the copy of the contract 640.34
BID2-12
302 of 401
annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefore the following prices, to wit:

ITEM

CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS

BID SCHEDULE

SUPPLY OF GREENSAND

FILTRATION EQUIPMENT

ESTIMATED UNIT
NO. BID ITEM DESCRIPTION QUANTITY PRICE
ITEM
TOTAL
1 Supply of Greensand Filtration
Equipment 1 LS $ 1,408,672$ 1,408,672
TOTAL BID $ 1,408,672
------------- NOTE: "TOTAL BID" shall include equipment cost, taxes, freight and delivery cost. 640.34
BID 3-12
303 of 401

STATEMENT OF QUALIFICATIONS
Experience
Bidder shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
1 2 3
EMWD-San Santa Paula Discovery Bay Well 8
Project Title Jacinto Valley Wells 7 & 8
Public Agency Eastern Municipal Santa Paula Town of Discovery Bay Water District CSD
1191 Hewitt St Santa Paula St. and 1800 Willow Lake Road Address San Jacinto, CA 92583 Harvest Loop Discovery Bay, CA 94505 Santa Paula, CA 93060
Amanda Taylor Lou Nagy Kelly Rajala Telephone No. 909-344-6368 805-653-7900 925-634-1131 Tetra Tech WREA-Water Luhdorff & Scalmanini Engineer in Charge Resource Engineering Associates
Project Value($) Filters: $1 ,500,000 Filter: $1 ,500,000 Filter: $500,000 Date Accepted 04/12/24 02/09/24 12/18/23
Claims Filed? No No
No
ff yes explain
below:
640.34
304 of
BID
401
4-12
(THE BIDDER'S EXECUTION ON THE S/GNA TURE PORTION OF THIS PROPOSAL SHALL ALSO

CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERT/FICA TIONS WHICH ARE A

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
Loprest, a Division of WRT The bidder ____ _ _ _________________ , proposed subcontractor(s) (list Subcontractor(s) above)
hereby certifies that he
D has
IX! has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 640.34
305 of
BID
401
5-12

PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder D has
IX] has not
been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes
IX] No
If the answer is yes, explain the circumstances in the following space. 640.34
306 of
BID
401
6-12
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

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

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

CONTRACTOR'S CERTIFICATION REGARDING WORKERS'

COMPENSATION INSURANCE
State of Oa(ifomia Colorado
County of _ A_d_a_m_s _______ _
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commending the performance of the work of this Contract.

Loprest, a Division of WRT
(Name of Contractor)
By: Ron Dollar
l ~ D~
(Authorized Signature of Contractor)
Date: 08/04/25
640.34
307 of
BID
401
7-12
640.34
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY of LIVINGSTON DEPARTMENT OF PUBLIC WORKS.

In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.

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

BID 8-12
308 of 401

DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions to an additional sheet of paper and include with the bid.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

NPDES/MS4 Compliance Certification
All construction projects within the City limits must comply with the National Pollutant Discharge Elimination System (NPDES) storm water regulation adopted by the EPA, and as applicable, and the Phase II Small Municipal Separate Storm Sewer System (MS4) General Permit requirements, regardless of size.

The City is required under these permits to provide information to Contractors performing work within City limits about training opportunities to assist in managing potential pollutants from construction -related activities, selection, installation, implementation, and maintenance of Best Management Practices (BMPs), as well as overall program compliance.

The Bidder acknowledges that they are aware of the necessity to be in compliance with the NPDES and MS4 permits while working within City limits.

Note: Providing false information may result in criminal prosecution or administrative sanctions. 640.34
The above certifications are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of these Certifications.

BID 9-12
309 of 401
Accompanying this proposal is _ b_i_dd_e_r'_s_b_o_n_d _________________ _ (NOTICE: INSERT THE WORDS "CASH($ ___ ~," "CASHIER'S CHECK," "CERTIFIED CHECK," OR "BIDDER'S BOND," AS THE CASE MAY BE.) in amount equal to at least ten percent of the total of the bid.

The names of all persons interested in the foregoing proposal as principals are as follows:

IMPORTANT NOTICE
If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.

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

ADDENDA
This Proposal is submitted with respect to the changes to the contract included in Addenda Number/s (Fill in addenda numbers if addenda have been received and insert, in this Proposal, any Engineer's Estimate sheets that were received as part of the addenda.)
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). 640.34
Date: 08/04/25
Sian ~ !
i.
~
~
nere Ron Dollar, VP Sales & Marketing
Authorized Signature and Title of Bidder
Business Address _ _ 90_1_W_1_1_6_th_A_ve __ ,_S_u_it_e_4_0_0 __ , _W_e_s_tm_i_n_st_e~r, _C_O_ 8_02_3_4 __ Place of Business __ 9_0_1 _w_ 1 _16_t_h_A_v_e_, s_ui_te_4_o_o_,_w_e_s_tm_in_s_te_r,_c_o_ 8_0_2_34 __ Place of Residence ------------------ - ---
BID 10-12
310 of 401

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

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

BID
City of Livingston
1416 "C" Street
Livingston, CA 95334
Houston, TX 77040
Bid Due Date: August 6, 2025
Description: (Project Name and
Location) Supply of Greensand Filtration Equipment, Livingston, CA BOND
Bond
Number: Bid Bond
Date: July 25, 2025
Penal
Sum: Ten Percent of the Total Amount Bid
(Words)
$
10%
(Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER
Water Remediation Technology, LLC
By:

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

Title
(Seal)
Attest:

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

Provide execution by any additional parties, such as joint venturers, if necessary. • 640.34
BID 11-12
311 of 401

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

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

3. This obligation shall be null and void if:

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

3.2 All Bids are rejected by Owner, or

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

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

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

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

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

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

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

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

11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. 640.34
BID 12-12
312 of 401

TOKIO MARINE
HCC

POWER OF ATTORNEY

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

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

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

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

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

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

State of California
County of Los Angeles
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accurac or validi of that document On this 18th day of April 2022, before me, Sonia 0 . Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

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

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

In Witness Whereof, have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 25th day of July _2_02_s __ _
Corporate Seals
Bond No. Bid Bond --------
Agency No. 16589 - PDF POA
HCCSMANPOA02/2023
visit tmhcc.com/surety for more information
313 of 401

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

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

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

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

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

LINDSEY MINUTILLO
Notary Public
State of Colorado
Notary ID# 20174017004
My Commission Expires 04-19-2029 My Commission Expires: April 19, 2029 314 of 401
' I
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DESIGN

DEVELOP

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

LUPREST

A DIVISION OF WRT
Water Treatment Solutions Since 1928
loprest.com
901 W. 116th Ave., Suite 400 • Westminster, CO 80234 • 303-424-5355 315 of 401

LUPREST

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

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

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

About Loprest

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

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

WATER SCOUR
The pressurized Water Scour system is
designed to maintain forward flow and
enhance media cleaning without
de pressurizing the filter system.
8/4/2025 25-067 Rl I L1v1ng5ton Well 8A Page 2 of 7
316 of 401

LUPREST

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

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

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

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

0.9 PPM

0.3 PPM
4000 GPM
2 3
280 SQFT

7.1 GPM / SQ FT
100 PSI
12 IN
18 IN
> 24 HRS
1,400 GPM
187 GPM
46,000 GAL
201,000 LBS
< 10 PPB
< 0.1 PPM
< 0.02 PPM
8/4/2025 25 0G7 Rl I Livingston Well 8A Page 3 of 7
317 of 401

LOPREST

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

Rinse to Quality
Electrical Check
Operation Training
Operation and Maintenance Manual
8/4/2025 25-0b7 Rl I Livingston Well 8A PagP 4 of 7
318 of 401

LUPREST
Bid Pricing

WATER TREATMENT SYSTEM

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

Payments must be made by ACH or
check.

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

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

EXCLUSIONS
• Pipe supports
• Offloading, setting, and
installation.
8/4/70 2S 25-067 Rl I t1v1n~~ton Well 8A Pelt;(• ', of 7 319 of 401
L@PREST A DIVISION OF WRT
Standard Terms and Conditions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12. Governing Law. This Agreement and any disputes or claims arising from it shall be governed by and construed according to the laws of the State of Colorado.
8/4/2025 25-067 Rl I L1v1ng~ton Well 8A Page 6 of 7
320 of 401

LUPREST

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

Corporate Offices: 901 W. 116th Ave., Suite 400 • Westminster, CO 80234 ,,
321 of 401
Supply of Greensand Filtration Equipment
Cost Breakdown of Bid submitted by Loprest, a Division of Water Remediation Technology, LLC.

Item Description Cost
1 Filter Vessels and Internals $ 706,000.00
2 Filter Media $ 92,142.00
3 Filter Valves and Piping $ 197,000.00
4 Instrumentation and Controls (I&C) $ 162,000.00
5 Tax $ 89,678.00
6 Startup Services $ 26,472.00
7 Freight $ 56,240.00
8 Bond $ 79,140.00
Total Bid $ 1,408,672.00
322 of 401

PUBLIC WORKS AGREEMENT

BETWEEN CITY OF LIVINGSTON AND
_____________________
THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this ____ day of ________, 2025 by and between the CITY OF LIVINGSTON, a municipal corporation, (“City”) and LOPREST, a DIVISION of WATER REMEDIATION TECHNOLOGY, LLC, (“Contractor”). City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”

RECITALS
A. The City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.

B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. Pursuant to the authority of the City of Livingston Municipal Code and California state law, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.

NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the Bid Documents for the project entitled SUPPLY OF GREENSAND FILTRATION EQUIPMENT (“Project”). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. As used herein, “Bid Documents” refers to all of the documents included in the solicitation of bids for the Project to the extent applicable or appropriate (it being understood that one or more of such documents may not be applicable in the event a competitive bidding process is not utilized due to existence of emergency or exigent circumstances), including but not limited to, the Notice Inviting Bids, Summary of Work, Instructions to Bidders, Bid or Bid 323 of 401
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 NOT USED

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 NOT USED

1.7 NOT USED

1.8 NOT USED

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 324 of 401
negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.10 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming 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.
325 of 401
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000.00, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Project Manager. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor’s Bid. If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Project Manager. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.12 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. 326 of 401
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid, attached hereto as Exhibit A and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation of ONE MILLION FOUR HUNDRED EIGHT THOUSAND SIX HUNDRED SEVENTY-TWO DOLLARS AND NO CENTS ($1,408,672.00) for completion of the work.

2.2 NOT USED

2.3 Payment.

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

2.4 NOT USED

2.5 Substitution of Securities.
(a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
327 of 401
(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall begin work within fifteen (15) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within TEN (10) consecutive working days from the date on which the work was started and in accordance with any schedule contained in or required to be provided by the Bid Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply.

3.2 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of EIGHT HUNDRED Dollars ($800.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.

3.3 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. If City finds that Contractor’s work does not meet the requirements and standards provided in the Bid Document, Contractor shall remedy any defects in the work at Contractor’s sole expense following notice by the City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively. 328 of 401
ARTICLE 4. COORDINATION OF WORK

4.1 NOT USED

4.2 Status of Contractor.

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

4.3 Project Manager.

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

4.4 Independent Contractor.

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

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for 329 of 401
the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000.00 per occurrence, $4,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident. (c) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(d) NOT USED
(e) NOT USED

5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) Proof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current 330 of 401
certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
331 of 401
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
(r) Endorsements.
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5.3 Indemnification.

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

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

5.4 Notification of Third-Party Claims.

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

5.5 Performance, Labor, and Warranty Bonds.

Concurrently with execution of this Agreement, Contractor shall deliver to the City the following bonds:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.
(b) A labor and materials bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1. 333 of 401
(c) A warranty bond, guaranteeing the Contractor’s warranty under Section 1.9 of this Agreement, in an amount not less than 20% of the total compensation for this Agreement, as stated in Section 2.1.

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

5.6 Sufficiency of Insurer or Surety.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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

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

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein, 334 of 401
Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

6.3 Ownership of Documents.

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

6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed 335 of 401
there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Termination.

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

7.3 Dispute Resolution Process.

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

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

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

The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or 336 of 401
changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. (i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s 337 of 401
failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute and adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, 338 of 401
or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.

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

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

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

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any 339 of 401
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.

7.6 Unfair Business Practices Claims.

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

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

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the 340 of 401
Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

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

9.2 Notices.

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

9.4 Counterparts.

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

9.5 Integration; Amendment.

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

9.6 Severability.

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

9.7 Warranty & Representation of Non-Collusion.

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

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or 342 of 401
employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

9.8 Corporate Authority.

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

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

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

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

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

BURKE, WILLIAMS & SORENSEN, LLP
Marc Tran, City Attorney
Address:
_____________________________________
_____________________________________
_____________________________________
*Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY. 344 of 401

EXHIBIT A
CONTRACTOR’S BID
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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.
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STAFF REPORT
AGENDA ITEM: Public Hearing – First Reading of Zoning Text Amendment No. 2022- 02 – Development Standards Ordinance. An Ordinance to update the Livingston Municipal Code (LMC) to update various development standards related to building setback requirements, off-street parking, Site Plan and Design Review, definitions, and to the commercial uses zoning matrix.

MEETING DATE: September 2, 2025
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Jose Ramirez, City Manager
RECOMMENDATION:

Adopt Ordinance No. __, approving Zoning Ordinance Text Amendment No. 2022-02, a Development Standards Ordinance to update the Livingston Municipal Code (LMC) to update various development standards related to building setback requirements, off-street parking, Site Plan and Design Review, definitions, and to the commercial uses zoning matrix.

BACKGROUND AND DISCUSSION:

The proposed Zoning Ordinance Text Amendment, hereinafter referred to as the “proposed amendment,” is a staff-initiated proposal to modify the LMC to update various Development Standards, Site Plan and Design Review Procedures, Definitions, and the Commercial Zoning Matrix.

The amendments include the following components:
• Amend Table 8, “Building Structure Setback Requirements,” of LMC Section 5-3-16: Lot Development Standards to:
o Add a minimum corner side yard setback of fifteen (15) feet for properties zoned Residential (e.g., R-E, R-1, R-2, and R-3);
o Add a minimum corner side yard setback of twenty (20) feet for properties zoned Industrial (e.g., M-1 and M-2);
o Revise the minimum interior side yard setback from ten (10) to five (5) feet; o Revise the first floor minimum rear yard setback for R-1 from five (5) feet to fifteen (15) feet;
o Revise the second floor minimum rear yard setback for R-1 from fifteen (15) feet to twenty (20) feet;
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o Revise the minimum rear yard setback for R-2 from fifteen (15) to twenty (20) feet; and
o Add minimum setbacks for Front Yard Porches, Side Loaded Garage, and Rear Yard Covered Patios for properties zoned Residential (e.g., R-E, R-1, R-2, and R3). • Amend LMC Section 5-4-5: Off Street Parking and Loading to replace Figure 2: Parking Standards with a new off-street parking Figure consistent with the City’s Engineering Design Standards and add a table to provide regulations for parking space dimensions, aisle width, and angle parking requirements.
• Amend LMC Section 5-4-5: Off Street Parking and Loading to remove Figure 3, Parking Layout and associated table.
• Amend LMC Section 5-4-5(C)(2) through (C)(4) to remove the Parking Layout Dimension table in Section 5-4-5(C)(3), make other minor text edits, and renumber the remaining subdivisions.
• Amend LMC Section 5-6-7: Site Plan and Design Review to:
o Add language that Site Plan and Design Review shall apply to significant exterior alterations to exterior structures, as defined in Section 5-7-2 and determined by the Community Development Director;
o Clarify that the Community Development Director shall be the recommending body, instead of the Planning Commission, and that the Planning Commission shall be the approving body for the Design Review process, instead of City Council; o Rename the “Judicial Review” subsection to “Appeal,” and add language to reference LMC Section 5-6-12-6: Appeals for the appeal process for decisions made by Planning Commission; and
o Add a subsection stating that minor modifications may be approved by the Community Development Director.
• Amend LMC Section 5-7-2: Definitions to add the definitions for the terms “Irregular Shaped Lots” and “Significant Exterior Alterations to Exterior Structures”. • Amend Table 3, “Commercial Uses,” of LMC Section 5-3-15: Land Use Regulations (Zoning Matrix) to add “Social Halls” as a Conditional Use in the C-1, DTC, C-2, C-3, M1, and P/OS Zoning Districts. Amend the “Office, Professional/Business and Medical” use to be permitted in the C-3 Zoning District.

ANALYSIS:

The proposed amendments will modify the following Chapters and Sections of the LMC:

Chapter 3, Section 5-3-16: Lot Development Standards
The proposed amendments to Table 8: Building Structure Setback Requirements are as follows:
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Table 8: Building Structure Setback Requirements
(All Setbacks Measured in Feet)
Zone Minimum
Front
Yard
Setback
Minimum
Side Yard
Setback
Minimum
Corner Side
Yard
Setback
Minimum
Rear Yard
Setback
Minimum
Front Yard
Setback -
Porches
Minimum
Front Yard
Setback –
Side
Loaded
Garage
Minimum
Rear Yard
Setback –
Covered
Patios
R-E 251 10 15 20 15 15 10
R-1 20 105 15 15 (first
floor)
1520
(second
floor)
10 10 10
R-2 15 52 15 1520 10 10 10
R-3 15 53 153 15 10 10 10
C-1 n/a4 n/a5 n/a5 n/a6 n/a n/a n/a
DTC n/a4 n/a5 n/a5 n/a6 n/a n/a n/a
C-2 n/a4 n/a5 n/a5 n/a6 n/a n/a n/a
C-3 n/a4 n/a5 n/a5 n/a6 n/a n/a n/a
M-1 n/a7 n/a8 208 n/a9 n/a n/a n/a
M-2 n/a4 n/a5 20
PD n/a10 n/a10
The purpose of the proposed amendment to Table 8: Building Structure Setback Requirements is to add more flexibility to the setbacks required for the R-1 Zoning District, including reducing the Minimum Side Yard Setback, adding a Minimum Corner Side Yard Setback, and increasing the Minimum Rear Yard Setback for the first floor and second floor. The amendments also add setback standards for Porches, Side Loaded Garages and Covered Patios in the Residential Districts.

Chapter 4, Section 5-4-5: Off-Street Parking and Loading The proposed amendments would replace Figure 2: Parking Standards with a new Figure that is consistent with the City’s Engineering Standards. The new Figure includes requirements for parking space dimensions and aisle width depending on the angle of the parking space. A new Table accompanies the Figure to include the specific requirements.

The proposed amendments would also completely remove Figure 3: Parking Layout and the accompanying Table in Section 5-4-5(C)(3) as they are no longer needed, make other text amendments, and renumber the remaining subsections.

Chapter 6, Section 5-6-7: Site Plan and Design Review
The proposed amendments would add language that Site Plan and Design Review shall apply to significant exterior alterations to exterior structures, as defined in LMC Section 5-7-2 and determined by the Community Development Director.
-
- - - -
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Currently, Site Plan and Design Review applications are reviewed by Planning Commission for recommendation to City Council, which is the approving body. This is contrary to the norm in the Planning profession as the Planning Commission is typically the approving authority for Site Plan and Design Review applications. The proposed amendment would revise the language in Section 5-6-7(F): Design Review Process to clarify that the Community Development Director will recommend approval, approval with conditions, or denial, and that the Planning Commission is the final approving body of the design review process.

The proposed amendment would rename Section 5-6-7(G): Judicial Review to Appeal and reference the Appeal Section of the LMC (Section 5-6-12-6). Any decision by the Planning Commission may be appealed to the City Council and the procedures for filing the appeal (timing, application, process, etc.) is defined in Section 5-6-12-6.

The proposed amendments would also add a new subsection stating that minor modifications may be approved by the Community Development Director
Chapter 7, Section 5-7-2: Definitions of Words and Phrases The proposed amendments would add two (2) new Definitions to the LMC:

Irregular Shaped Lots: The Community Development Director shall determine the setback measurements and minimum lot width and depth for lots that are not rectangular in shape (more or less than four sides), contains an arc, or do not have lot lines that are at right angles to one another.

Significant Exterior Alterations to Exterior Structures. The community development director shall consider the following criterion when determining when an exterior alteration to an existing structure is significant: a 15% change in the height of the building, a different roof line or design, a minimum 40% surface change in the building’s façade or elevation (including windows and doors), a minimum 40% change in building materials, a minimum increase in overall square footage.

The Irregular Shaped Lots provides flexibility for the community development director to determine the setbacks and minimum lot width and depth for a parcel in such cases where the parcel is irregular in shape. An example of this is lots at the end of a cul-de-sac or “knuckle” where the minimum lot width and depth may not meet the minimum because of the shape of the parcel.

The Significant Exterior Alterations to Exterior Structures is related to the Code Text Amendment to Section 5-6-7: Site Plan and Design Review and provides a definition for when a Site Plan and Design Review application is required.

Chapter 3, Section 5-3-15: Land Use Regulations (Zoning Matrix) The proposed amendment would modify the Zoning Matrix for Commercial Uses by:
1) Permitting the use “Office, professional/business and medical” in the C-3, Highway Service Commercial Zoning District; and
2) Add “Social Halls” to the Zoning Matrix and permit the use in the C-1 (Neighborhood Commercial) DTC (Downtown Commercial), C-2 (Community Commercial, C-3 (Highway Service Commercial), M-1 (Limited Industrial), and P/OS (Parks and Open Space) Zoning Districts.
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ISSUES
Staff did not identify any issues with the proposed amendments to the Zoning Ordinance.

GENERAL PLAN
Zoning Code Text Amendment proposals are required to be reviewed for conformance with the City’s General Plan. After review, staff believes that the Zoning Code Text Amendment proposal is consistent with the General Plan. The following discussion evaluates how the project conforms to the City’s current General Plan.

The 1999 Livingston General Plan included the following Land Use Objectives.

A. Ensure the provision of adequate commercial shopping opportunities and office space locations to meet anticipated needs.

Policy 3. The Downtown Commercial designation is used in the downtown area in order to attract and accommodate growth, which includes commercial, financial, office, and governmental uses.

Policy 6. Commercial and office site planning shall be compatible with the surrounding neighborhood, signage, and landscaping.

The proposed amendment would permit “Social Halls” in the Downtown Commercial Zoning District, would permit “Office, professional/business and medical” uses in the C-3, Highway Service Commercial Zoning District, and would further accommodate growth and commercial uses. These amendments are consistent and compatible with the objectives, policies, general land uses, and programs specified in the General Plan, including the objective to ensure the provision of adequate commercial shopping opportunities and office space locations to meet anticipated needs.

ENVIRONMENTAL REVIEW:

The proposed amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines (Cal. Code Regs., tit. 14, div. 6, ch. 3) by the “Common Sense Exemption,” which states that CEQA applies only to projects that have a potential for causing a significant effect on the environment.

The proposed amendments do not change the zoning designation on any individual property and do not affect existing land uses. The amendment will enable the City’s zoning ordinance to be updated in certain development standards, Site Plan and Design Review procedures, definitions and the commercial zoning matrix. Because it can be seen with certainty that there is no possibility that the activity in question may have a significant on the environment, it is exempt from CEQA.

PLANNING COMMISSION ACTIONS AND RECOMMENDATION:

The Planning Commission held a Public Hearing on December 13, 2022, to consider this Zoning Code Text Amendment. Staff attended the meeting to present the staff-initiated proposal and answer questions from the Commission. There were no questions from members from the public in attendance. At the conclusion of the public comments, the Commission on a vote of 3-0, 351 of 401
approved Planning Commission Resolution No. 2022-09, recommending approval of this Zoning Code Text Amendment to the City Council, subject to findings contained in the Resolution.

City staff made some minor editorial and technical amendments to the proposed texts that was presented to the Planning Commission.

FISCAL IMPACT:

No Fiscal Impact
RECOMMENDATION:

Staff and the Planning Commission recommends the City Council adopt Ordinance No.__, approving Zoning Ordinance Text Amendment No. 2022-02, a Development Standards Ordinance to update the Livingston Municipal Code (LMC) to update various development standards related to building setback requirements, off-street parking, Site Plan and Design Review, definitions, and to the commercial uses zoning matrix.

ATTACHMENTS:

1. Ordinance

2. Planning Commission Resolution 2022-09
352 of 401
ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING LIVINGSTON MUNICIPAL CODE TITLE 5, CHAPTER 3, CHAPTER 4, CHAPTER 6, AND CHAPTER 7 RELATED TO VARIOUS DEVELOPMENT STANDARDS, SITE PLAN AND

DESIGN REVIEW PROCEDURES, DEFINITIONS, AND COMMERCIAL ZONING MATRIX WHEREAS, pursuant to Title 5, Chapter 6, Section 5-6-2(B)(4) of the Livingston Municipal Code (LMC), the City Planner, by the Authority of the City Manager, has prepared text amendments to the language of various sections of Chapters 3, 4, 6 and 7 of Title 5 of the LMC to update various development standards and definitions, including, but not limited to, building structure setback requirements, off-street parking standards, and the site plan approval process; and WHEREAS, the Planning Commission, has reviewed the proposed text amendments at a duly noticed public hearing on December 13, 2022, and has fully considered all comments whether orally or in writing regarding the proposed text amendments and has adopted its Resolution 2022-09, recommending that the City Council amend the LMC, as provided for in this Ordinance; and
WHEREAS, the City Council reviewed the proposed text amendments at a duly noticed public hearing on September 2, 2025, and has fully considered all comments whether orally or in writing regarding the proposed text amendments; and
WHEREAS, LMC Section 5-6-2(A) states that City zoning regulations shall be consistent with the General Plan in accordance with California Government Code Section 65860. The Planning Commission has determined, and the City Council concurs, that the proposed text amendments are consistent with the 1999 Livingston General Plan, including, but not limited to, Objective A, “ensure the provision of adequate commercial shopping opportunities and office space locations to meet anticipated needs.”

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON, CALIFORNIA does ordain as follows:

SECTION 1. Findings. The City Council hereby finds, determines, and declares that:
(A) The City Council of the City of Livingston hereby finds and determines that all of the above Recitals are true and correct and incorporates such Recitals into this Ordinance as fully set forth herein; and
(B) The proposed amendments to Title 5 of the Livingston Municipal Code are consistent with the general plan; and
(C) The proposed amendments to Title 5 of the Livingston Municipal Code will not be detrimental to the public health, safety or welfare of the City or its residents.

SECTION 2. Table 8 “BUILDING STRUCTURE SETBACK REQUIREMENTS” of Section 5-3- 16: “LOT DEVELOPMENT STANDARDS” of Title 5 of the Livingston Municipal Code is revised to read as follows:

Table 8: Building Structure Setback Requirements
353 of 401
(All Setbacks Measured in Feet)
Zone Minimum
Front
Yard
Setback
Minimum
Side Yard
Setback
Minimum
Corner Side
Yard
Setback
Minimum
Rear Yard
Setback
Minimum
Front Yard
Setback -
Porches
Minimum
Front Yard
Setback –
Side
Loaded
Garage
Minimum
Rear Yard
Setback –
Covered
Patios
R-E 251 10 15 20 15 15 10
R-1 20 105 15 15 (first
floor)
1520
(second
floor)
10 10 10
R-2 15 52 15 1520 10 10 10
R-3 15 53 153 15 10 10 10
C-1 n/a4 n/a5 n/a5 n/a6 n/a n/a n/a
DTC n/a4 n/a5 n/a5 n/a6 n/a n/a n/a
C-2 n/a4 n/a5 n/a5 n/a6 n/a n/a n/a
C-3 n/a4 n/a5 n/a5 n/a6 n/a n/a n/a
M-1 n/a7 n/a8 208 n/a9 n/a n/a n/a
M-2 n/a4 n/a5 20
PD n/a10 n/a10
Notes:

1. Setback requirements for R-E districts shall include a 40 foot minimum garage setback.

2. In no instance shall residence on adjoining R-2 lots be closer than 8 feet from the primary structure to primary structure, except on the side next to a street on a corner lot, which shall be 15 feet deep. If a garage is present, or if developing on a reverse corner lot, street side yard setback shall be 20 feet.

3. Each interior lot in an R-3 district shall have a minimum side yard of 5 feet. Corner lots shall have 15 feet, except in the case of a reverse corner lot or a garage; then it shall be 20 feet.

4. No minimum, except where the frontage in a block is partially in a residential district; in which case the front yard shall be the same as required in such residential district.

5. No minimum, except where the side of a lot abuts a residential district; in which case the side yard shall not be less than 105 feet.

6. No minimum, except where the rear of a lot abuts a residential district; in which case a rear yard of 15 feet shall be required.

7. Where any of the lots within the same block are already developed with front yards less than 15 feet, then a minimum of 10 feet shall be required for the front yard depth.

8. On corner and reverse corner lots in the M-1 district, the side yard which faces the street shall be 20 feet.

9. When no alley intervenes between the rear property lines, each lot in the M-1 district shall maintain a rear yard of not less than 10 feet, except the rear yard may be less than 10 feet when the building is built in compliance with the requirements of the fire code after approval from the planning commission is obtained.

10. As determined by planned development overlay permit. -
- - -
354 of 401
SECTION 3. Figure 2 “PARKING STANDARDS” of Section 5-4-5: “OFF STREET PARKING AND LOADING” of Title 5 of the Livingston Municipal Code is revised to read as follows:

FIGURE 2

PARKING STANDARDS
Existing
•fflll'C
j_
.....
r
PAR.KING STANDARDS
I0'-0"
STANOAAD Orf' BTREli!T
PAAl<INa STALL FOR R·1
ANO R-2 ZON!iS
25 ENT OF ReOWAED OFF &TREST
PAA Q MAY Bli Di,8IQNATE0 AB SM.Alt.

C AOE8 (SMALL CAR SPACE'.11 $HALL
BE WIDS BY le' LCNQ 1,/,10 MUST
B lO!tNTIFIED.All SMALL CAA SPACES],
ICAPPED Ol'F BTREEl'
INCi BTAU.
at. 8t1111dard Sign
I

LLEL PARKING LAYOUT
za'-o•
11Jo• On•W'f'J ◄- td•ri' Tllo W•Y ~
355 of 401
New
<J... "' iP ARKING ANGLE.
''A • "' CllRB LENGTH PER CAR. 11 e " = DEPTH or: STALL. " C " "' AISLE WlCITH.
1'A"
" D • "' TOT A!L DEPTH OF TWO STALLS INTERLOCKING AT ANY ANGLE. " ! ~ e: TOTAL DEPTH OF T\IVO STAJLl!.S IN A45" HERRIN:GBOME PATIE:R:N =" D '' A 45°. p F " "'' TOT AL DePTl-1 OF ST Al.LS Sl:PARATeD BY AISlE. 11 G M = T\IVO FEET (2') MAXIM UM (INCLUDED IN AREA CACIJL.A:T.ION). "H '' "' TYPICAi. CURBED •POCKETS FO,R LANDSCAP1
ING AS REQUIRED BY Tl-:IE
DEPT. OF COMMUNITY DEVELOPMENT OR ON~ mR EVERY 10 SPACES. 356 of 401
New
Figure 2 Parking Layout Dimensions

DEGREES
“A”
(FEET)
“B”
(FEET_
ONEWAY

TRAFFIC
“C”
(FEET
TWOWAY

TRAFFIC
“C”
(FEET)
“D”
(FEET)
0 22.5 8.0 12 20 -
20 26.3 15.3 12 20 22.1
25 21.3 16.6 12 20 25.0
30 18.0 17.8 12 20 27.8 46.6 55.6
35 15.7 18.8 12 20 30.2 49.6 57.6
40 14.0 19.8 12 20 32.7 51.6 59.6
45 12.7 20.5 12 20 34.6 53.0 61.0
50 11.7 21.1 12 20 36.4 54.2 62.2
55 11.0 21.5 12 20 37.8 55.0 63.0
60 10.4 21.8 15 20 39.1 58.6 63.6
65 9.9 21.9 17 21 40.0 60.8 64.8
70 9.6 21.9 20 22 40.7 63.8 65.8
75 9.3 21.6 23. 23 40.9 66.2 66.2
80 9.1 21.3 24 24 41.0 66.6 66.6
85 9.0 20.7 24 24 40.6 65.4 65.4
90 9.0 20 24 24 40.0 64.0 64.0
NOTES:

1. Parking stall dimensions other than 9’ x 20’ giving a total area of 180 sq. ft. may be used subject to approval by the City Engineer.

2. Minimum parking stall dimensions for compact car shall be 8’ x 17’.

3. Absolute minimums: Length = 17.0’, Width = 8.0’, One-way aisle = 12.0’, Two-way aisle = 20.0’

4. These details shall be considered the minimum requirements and the City may increase these requirements in certain instances.

5. Landscaping shall be provided pursuant to 5-4-4: Landscaping and 5-4-5: OffStreet Parking and Loading.

6. Twenty-five percent of required off-street parking may be designated as compact car spaces and shall have a minimum parking stall dimensions as described in Note #2.

7. The number of handicap parking spaces shall be determined by the adopted Building Code
SECTION 4. Figure 3 “PARKING LAYOUT” of Section 5-4-5: “OFF STREET PARKING AND LOADING” of Title 5 of the Livingston Municipal Code is revised to read as follows:

FIGURE 3
357 of 401

PARKING LAYOUT
SECTION 5. Subdivisions (C)(2) through (C)(4) of Section 5-4-5: “OFF STREET PARKING AND LOADING” of Title 5 of the Livingston Municipal Code are revised to read as follows:

2. Bumpers. Where bumpers overhang planters on raised walkways, the depth of parking stalls may be reduced by 2 feet, to 18 feet.
;i -
11 ◄- On• Wor
l ., ,,.
11 ., -► Tw• w.,
, .. ,
358 of 401
x = stall not accessible in certain layouts

3. Parking layout dimension. Parking layout dimension (in feet) for 8'6" stalls at various angles Dimensions 80° 70° 60° 50° 45° 40° 30° 20°
A Stall width, parallel
to aisle
8'8" 9'1" 9'10" 11'1" 12'0" 13'3" 17'9" 21'10"
B Stall length of line 21'6" 23'1" 25'0" 27'2" 28'6" 30'2" 34'9" 43'4" C Stall depth to wall 21'2" 21'8" 22'0" 20'9" 20'2" 19'4" 17'4" 14'10" D Aisle width (bot.
stall lines)
24'0" 20'0" 14'6" 12'0" 12'0" 12'0" 12'0" 12'0"
E Stall depth,
interlock
120'5" 20'0" 20'0" 18'1" 17'2" 18'2" 13'9" 10'10"
F Module, wall to
interlock
65'7" 61'11" 54'6" 50'10" 49'4" 47'6" 43'1" 37'8"
G Module,
interlocking
64'10" 60'6" 54'6" 48'2" 46'4" 44'4" 39'6" 33'8"
H Module, interlock
to curb face
63'1" 59'6" 54'2" 48'8" 47'4" 46'0" 42'1" 36'8"
I Bumper overhang
(typical)
2'6" 2'5" 2'5" 2'2" 2'0" 1'6" 1'0" 1'0"
J Offset 0'3" 1'1" 2'10" 4'7" 6'0" 7'9" 12'9" 21'11"
K Setback 3'6" 6'10" 9'7" 12'10" 14'2" 15'4" 17'3" 18'9" L Cross aisle (one- 14'0" 14'0" 14'0" 14'0" 14'0" 14'0" 14'0" 14'0" _, ......... rl.... 1 ...... -__ - 1
' -----., - . , .... - -... ... l't:- ~ i-- - ·- '_ ' ,.,..... - ' ' /
~ / V
/ I,"'
, ... l/
" ~ ~ V
' ~ / V
./ V' '
/ ' V ~
/ "'~ / " '-
/ ~
359 of 401
way)
Section 4. Off-street parking requirements.

Off-Street Parking Requirements
Residential land uses
Boarding houses At least 1 garage, carport or off-street space for each 2 occupants of a boarding house
Home occupations At least 1 off-street parking space
Mobilehomes 2 parking spaces for each mobilehome unit
Multi-family dwellings At least 2 garage, carport or off-street parking spaces for each dwelling unit in multiple-family projects consisting of 3 to 6 units At least 1 garage, carport or off-street parking space for each dwelling unit in multiple-family projects consisting of 7 or more units; the Planning Commission may require the provision of visitor parking in addition to the required parking for multiplefamily projects of 7 or more units, based on a finding of need due to factors such as available on street parking, distance of units to the street, and the type and size of the units; such visitor parking shall be marked and will be provided at a minimum of
1 space per each 10 units
Residential care facilities 1 parking space for each 1 employee Rest homes At least 1 parking space for each 3 beds in any rest home Second unit dwellings 1 off-street parking space for each bedroom in unit Single-family and two-family
dwellings
At least 2 garage, carport or off-street (driveway) parking spaces for each dwelling unit on the same lot
Public and quasi-public land uses
Cemeteries As per use permit
Churches At least 1 parking space for every 5 seats for all churches (18 in. of bench = 1 seat)
Communication facility 1 parking space for each 500 sq. ft. of gross floor area Community center At least 1 parking space for each 100 sq. ft. of floor area of any community center or related public use facility
Daycare center 1 parking space for each 1 employee, plus 1 space for each 4 clients
Government offices 1 parking space for each 300 sq. ft. of floor area Libraries 1 parking space for each 300 sq. ft. of floor area Lodges, for social halls, union
halls and private clubs
1 parking space for every 50 sq. ft. of gross floor area Parks For active recreational areas over 5 acres in size, at least 5% of the total area shall be provided for off-street parking facilities 360 of 401
Public buildings At least 1 parking space for every 3 employees in public buildings and public utility buildings and substations
Schools At least 1 parking space for each employee in schools; in addition, 1 parking space for each 3 seats in the main auditorium or assembly hall in intermediate schools; and 1 parking space for every 7 students in senior high schools
Commercial recreational land uses
Amusement center 1 space for every 200 sq. ft. of floor area, plus 1 space for each employee
Bowling alleys 4 parking spaces for each lane
Golf courses At least 10 off-street parking spaces for each hole on a golf course
Overnight recreation vehicle
parks
1 parking space for each rental unit
Skating rinks 1 parking space for every 100 sq. ft. of skating area Swimming pools 1 parking space for each 100 sq. ft. of pool deck area Tennis courts 2 parking spaces for each court
Commercial and industrial land uses
Beauty shops and
barbershops
1 parking space for each 300 sq. ft. of floor area for all personal retail services
Commercial, light industrial
use
2 parking spaces per use, plus 1 space per 750 sq. ft. of gross floor area
Drive-ins A minimum of 15 parking spaces
Drive-through facilities To be considered on an individual basis, based on number of employees and size of facility; shall include provisions for driveup queue out of driveway circulation areas Gas stations 1 parking space for each employee; areas devoted to retail or food sales shall be determined separately
Health/fitness facilities 1 parking space for each 300 sq. ft. of floor area Hotel At least 1 off-street parking space for each room of a hotel Industrial uses 1 off-street parking space for each 1 employee, or 1 space for each 250 sq. ft. of office area; plus, 1 space for each 1,000 sq. ft. of building area devoted to other than office, and 1 space for each company vehicle
Laboratory research 1 parking space for each 500 sq. ft. of gross floor area Laundries and dry cleaning 1 parking space for each 300 sq. ft. of floor area Medical and dental office 1 parking space for each 200 sq. ft. of gross floor area, plus 1 additional space for each employee or staff member
Motel At least 1 off-street parking space for each sleeping or dwelling unit of a motel
Motor vehicle, machinery and
garage repairs
1 parking space for each 400 sq. ft. of floor area and 1 for each vehicle used in conduct of the business; as for outdoor motor vehicle or machinery sales lots, 3 parking spaces, plus 1 for each 361 of 401
employee for each lot
Professional office for banks,
law firms, repair stores and the
like (except for medical and
dental offices)
At least 1 parking space for every 300 sq. ft. of a business or professional office, plus 1 additional space for each employee or staff member
Recycling collection center 2 parking spaces per collection area Restaurants, cafés and bars 1 parking space for each 50 sq. ft. of dining, indoor/outdoor seating, waiting and lounge areas
Retail commercial 1 parking space for each 300 sq. ft. of gross floor area for retail sales
Salvage yards 1 space for each 2 employees, plus 1 space for each 10,000 sq. ft. of lot area, or 2 spaces for each 100 sq. ft. of floor area, whichever is the greater
Service repair stations 4 parking spaces per station, plus 1 space per 300 sq. ft. of floor area
Theaters, auditoriums and
sports arenas
1 parking space for every 5 seats (18 in. of bench = 1 seat) Veterinary services/kennel 1 parking space for each 400 sq. ft. of gross floor area Wholesale 1 parking space for every 1 employee or 1 parking space for every 2,000 sq. ft. of gross floor area
SECTION 5. Section 5-6-7: “SITE PLAN AND DESIGN REVIEW” of Title 5 of the Livingston Municipal Code is revised to read as follows:
(A) Intent: The purpose of site plan and design review is to permit the city to evaluate site plans and designs of new and existing structures to assure compatibility, harmony in appearance in neighborhoods, reduction of negative impacts of nonaesthetic development and orderly development of the community. Approval of site plan may be conditioned upon the construction of curbs, gutters and/or sidewalks on the subject property. (B) Application For Site Plan And Design Review.

1. Site plan and design review shall apply to all DTC, C-1, C-2, C-3, M-1 and M-2 districts, as well as all new development in R-2 and R-3 districts. Site Plan and Design Review shall also apply to significant exterior alterations to exterior structures, as defined in Section 5-7-2 and determined by the Community Development Director.

2. Applications for new developments shall be made on a form prescribed by the city, together with copies of such site plans and sets of architectural drawings, if applicable.

Site plans shall be drawn to a scale that shall indicate the full dimensions, topographic features and information necessary for the council to make an evaluation of the request.

Architectural drawings shall be of such scale and contain such information as to permit the council to make a full evaluation of the outside appearance, color, texture of materials and appurtenances necessary for the development of the structure. 362 of 401

3. Scale drawings of all signs, which will be included within the subject property, shall also be submitted concurrently with the site plan and architectural plans of any proposed project.
(C) Project Description: Site plans shall identify:

1. All potentially reflective exterior building materials, location of the materials in relation to the position of the sun, and to the location of motorists and other persons within sight of the project.

2. The type of activities to be performed, what hours they will be performed, where on the property they will be performed, and what types of shielding/screening will be employed.

3. Each exterior light source according to type, location, wattage, height, direction of lighting patterns, type of shielding, when in use, and whether the light is steady or pulsating. An outline of directly illuminated areas, including points of overlap between lighting patterns, all streets within the lighting system, and all adjacent property lines must be submitted for a lighting plan.

4. Conditions requiring additional review to determine whether mitigation measures are necessary:
(a) Any light source that directly illuminates adjacent properties. (b) Additional indirect illumination of adjacent properties in excess of 1.5 foot-candles. (c) For pedestrian lighting systems, a point of overlap between light patterns greater than seven feet (7').
(d) Intensity of lighting within the physical limits of an area required to be lighted that is greater than seven (7) foot- candles.
(D) Design Requirements:

1. The provision for benches, telephones and shaded areas at major transit destinations shall be determined based upon necessity with city approval during a site plan review procedure.

2. The height and scale of new commercial and industrial development should be compatible with that of surrounding buildings where an established pattern or character is apparent. New development shall provide a transition from the height of adjacent structures to the maximum height of new development.

3. All roof equipment shall be screened from a horizontal line of sight. Ground or interior mounted mechanical equipment with appropriate screening is encouraged as an alternative to roof mounting.

4. Entries shall be protected from the elements and shall create a focus or sense of entry for the building. Use of wall recesses, roof overhangs, canopies, arches, signs, and similar architectural features shall be integral elements of the building's design. 363 of 401

5. Buildings, landscaping, parking and other development features shall be arranged in a manner that is compatible with the size, scale and appearance of nearby development.

6. Site planning shall emphasize a strong relationship to the adjoining street(s) and encourage pedestrian circulation and access. Pedestrian access shall be separate from vehicular access, where feasible.

7. Site plans shall provide safe and well defined pedestrian connections from buildings to parking areas, from buildings to the adjoining street(s), and among buildings on the same site.

Pedestrian connections between commercial development and surrounding residential neighborhoods should also be provided.

8. Buildings, sidewalks, and parking lots shall be located to minimize conflicts between pedestrian and vehicular circulation on a site.

9. On site circulation shall be designed to provide safe and efficient access for delivery vehicles, visitors and employees, and pedestrians.

10. Loading and trash facilities shall be located where they may be adequately screened from view, generally at the rear of the structures, away from the street.

11. Long expanses of fence shall be offset and architecturally designed to prevent monotony. Landscaped pockets and limited openings are encouraged.

12. Where industrial development abuts nonindustrial uses, appropriate buffering techniques shall be employed such as setbacks or screening landscaping.

13. Site design for new industrial development shall consider the following:
(a) Controlled site access;
(b) Service, storage, and loading areas located at the rear or side of buildings; (c) Screened storage and outdoor work areas and equipment; (d) Landscaping, signage and other features that emphasize the main entrance; (e) Landscaping provided for all areas not developed for parking, storage, or buildings.

14. Compliance with other applicable provisions of the city's design guide. (E) Undesirable Design Elements To Be Avoided:

1. Large, blank, flat wall surfaces.

2. Exposed, untreated precision block walls.

3. Chainlink fence and barbed wire.

4. False fronts.
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5. "Stuck on" mansard roofs.

6. Materials requiring high maintenance (such as stained wood, shingles or light gauge metal siding).

7. Mirror window glazing.

8. Loading doors facing the street.

9. Exposed roof drains.
(F) Design Review Process: The Community Development Director planning commission shall be the recommending body, with the Planning Commissioncity council as the final approving body of the design review process. Upon submission of drawings and applications for review, the Community Development Director planning commission and city council shall meet and render a written report recommending approval, approval with conditions, or denial. The city council Planning Commission shall make final approval. (G) Judicial ReviewAppeal: The time to appeal a decision of the Planning Commission city council pursuant to this section shall be governed by the provisions of § 5-6-12-6 of this code California Code Of Civil Procedure section 1094.6. (H) Occupancy Permits: Before a building may be occupied, the building official shall certify that the site or structure has been developed in conformity with the plans and conditions approved herein. (Ord. 533, 8-16-2005)
(I) Minor Modifications: Minor modifications are modifications to previously approved plans or permits where the change is in substantial conformity with the approved plan or permit. The Community Development Director shall be the approving body of minor modifications to previously approved plans or permits. The Community Development Director may approve, conditionally approve, or deny a Minor Modification.

SECTION 6. Section 5-7-2: “DEFINITIONS OF WORDS AND PHRASES” of Title 5 of the Livingston Municipal Code is revised to read as follows:

The words, terms and phrases used in this title shall be given the meanings commonly assigned in the English language.

ABUTTING: Land or zoning district boundaries having a common property line. Lands or district boundaries separated by an alley, street or right of way shall be considered ABUTTING.

ACCESSORY BUILDING: A detached subordinate structure or building located on the same premises as the main building or buildings, the use of which is customarily incidental to that of the main building or to the use of the land. Where any portion of a wall of an accessory building or structure is attached to the main building, or where an accessory structure is attached to the main building in a substantial manner by a roof or deck, the ACCESSORY BUILDING or structure shall be considered and treated as part of the main building.

ACCESSORY DWELLING UNIT. An attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include 365 of 401
permanent provisions for living, sleeping, cooking, and sanitation on the same parcel as the single-family dwelling or multifamily dwelling is or will be situated. An ACCESSORY DWELLING UNIT also includes the following: (A) an efficiency unit; and (B) a manufactured home.

ACCESSORY USE: A use naturally and normally incidental to, subordinate to, or exclusively devoted to a principal use and located on the same lot therewith.

AFFORDABLE HOUSING: Affordable sales housing or affordable rental housing.

AFFORDABLE HOUSING focuses on moderate, low and very low income households as defined herein and by state statute.

AGRICULTURE: The tilling of soil, the raising of crops and horticulture, including all uses customarily incidental thereto, but not including slaughterhouses, feed yards, hog farms, fertilizer works, bone yards or plants for the reduction of animal matter or any other industrial or agricultural use which is similarly objectionable because of noise, odor, smoke, dust or fumes.

ALLEY: Any public or private thoroughfare less than forty feet (40') in width, which affords only a secondary means of access to property, where such property is accessible by a STREET as defined in this section.

APARTMENT: One or more rooms in an apartment house intended or designed to be occupied by one family for living and sleeping purposes and containing kitchen and bath facilities.

APPLICANT: The person, public or private, listed as the applicant on an application for a project and includes the record owner of the real property that is the subject of the project at the time of the application for the project.

BASEMENT: That portion of a building between the floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from grade to floor is greater than the vertical distance from grade to ceiling.

BLOCK: All property fronting on one side of a street between intersecting and intercepting streets, or between a street railroad right of way, dead end street, waterway, natural barrier or unsubdivided acreage. An intercepting street shall determine only the boundary of the block on the side of the street that it intercepts.

BUILDING: Any permanent structure built for the occupancy, support, shelter or enclosure of persons or animals, or personal property of any kind and/or for use in commercial, industrial or other enterprises.

BUILDING, ACCESSORY: A subordinate building such as a carport or garage, the use of which is clearly incidental and secondary to that of the main building, on the same lot or parcel of land.

BUILDING AREA: The total amount of ground area occupied by all buildings and structures on a parcel of land.

BUILDING HEIGHT: The vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the main building to the topmost point of the roof of such building.
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BUILDING, MAIN: A building in which is conducted the principal use of the lot upon which it is situated.

BUILDING SITE: The ground area of a building or group of buildings with its principal building fronting on a street, road or highway, together with all yard and open spaces as required by this title.

CANNABIS: Shall have the same meaning as set forth in Business and Professions Code section 19300.5(f) as the same may be amended from time to time. For purposes of this title, CANNABIS and marijuana shall have the same meaning. CANNABIS means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. CANNABIS also means the separated resin, whether crude or purified, obtained from cannabis. CANNABIS does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this definition, CANNABIS does not mean INDUSTRIAL HEMP as defined by section 11018.5 of the Health and Safety Code.

CANNABIS CULTIVATION: Means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, including nurseries.

CANNABIS CULTIVATION AREA: Means the total aggregate area(s) of cannabis cultivation on a single premises as measured around the outermost perimeter of each separate and discrete area of cannabis cultivation at the drip-line of the canopy expected at maturity and includes, but is not limited to, the space between plants within the cultivation area, the exterior dimensions of garden beds, garden plots, hoop houses, green houses, and each room or area where cannabis plants are grown, as determined by the review authority.

CANNABIS CULTIVATION - INDOOR: Means the cultivation of cannabis using exclusively artificial lighting.

CANNABIS CULTIVATION - MIXED-LIGHT: Means the cultivation of cannabis using any combination of natural and supplemental artificial lighting. Greenhouses, hoop houses, hothouses and similar structures, or light deprivation systems are included in this category.

CANNABIS CULTIVATION - OUTDOOR: Means the cultivation of cannabis using no artificial lighting conducted in the ground or in containers outdoors with no covering. OUTDOOR CULTIVATION does not include greenhouses, hoop houses, hothouses or similar structures.

CANNABIS CULTIVATION SITE: Means the premises, leased area(s), property, location or facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where all or any combination of those activities.

CANNABIS DISPENSARY, DISPENSARY or RETAIL CANNABIS ACTIVITY: Means a facility, whether fixed or mobile, operated in accordance with State and local laws and regulations, where cannabis and/or cannabis products are offered for retail sale, including an establishment that delivers cannabis and/or cannabis products as part of a retail sale. 367 of 401
CANNABIS DISTRIBUTION FACILITY: Means the location or a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed dispensaries or delivery operations, and the inspection, quality assurance, batch testing by a type 8 licensee, storage, labeling, packaging and other processes, prior to transport to licensed dispensaries or delivery operations. This facility requires a type 11 license pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA") or a State cannabis license type subsequently established.

CANNABIS LICENSE: Means a State license issued pursuant to MAUCRSA.

CANNABIS LICENSEE: Means a person issued a State license under MAUCRSA to engage in commercial cannabis uses or activity.

CANNABIS MANUFACTURER: Means a person that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or re-labels its container, that holds a valid State type 6 or 7 license, or a State cannabis license type subsequently established, and that holds a valid local license or permit.

CANNABIS MANUFACTURING: Means a facility, whether fixed or mobile, that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a licensee for these activities.

CANNABIS NURSERY: Means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.

CANNABIS PRODUCTS: Means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

CANNABIS TESTING SERVICE or CANNABIS TESTING LABORATORY: Means a laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products, including the equipment provided by such laboratory, facility, or entity.

CAREGIVER or PRIMARY CAREGIVER: Shall have the same meaning as set forth in Health and Safety Code section 11362.7 as the same may be amended from time to time.

CARPORT: A permanent roofed structure, not enclosed on more than two (2) sides, used or intended to be used for vehicular shelter and storage.

CENTERLINE: The centerline of a street as referred to in this title shall mean the right-of-way centerline as established by official survey.

CHILD CARE CENTER: Shall have the same meaning as "child day care facility" in Health and Safety Code section 1596.750, and as "day care center" in Health and Safety Code section 368 of 401
1596.76, as both may be amended from time to time: any child care facility, and includes infant centers, preschools, extended day care facilities, and school-age child care centers where nonmedical care is provided to children under eighteen (18) years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty four (24) hour basis.

CITY MANAGER: Means the City Manager or his/her designee(s).

COMMERCIAL CANNABIS ACTIVITY or COMMERCIAL CANNABIS USES: Means any commercial cannabis activity licensed pursuant to MAUCRSA, including but not limited to, cultivation, possession, distribution, laboratory testing, labeling, transport, retail activity, delivery, sale or manufacturing of cannabis or cannabis products. COMMERCIAL CANNABIS USES also means any cannabis activity licensed pursuant to additional State laws regulating such businesses. COMMERCIAL CANNABIS USES shall not include legal medical cannabis or cannabis activities carried out exclusively for one's personal use that does not involve commercial activity or sales.

COMMERCIAL CANNABIS PERMIT or CANNABIS PERMIT: Means a permit issued by the City pursuant to this title and section 5-5-14 of this title for the operation of a commercial cannabis business within the City.

CONDOMINIUM: A building/structure wherein the owner holds title to his/her dwelling unit while sharing title to the land and other common areas of the development and sharing maintenance/operating costs with other dwelling unit owners through a condominium corporation.

COURTYARD: An open, unoccupied space, other than a yard on the same lot with a building, and bounded on two (2) or more sides by such building or buildings.

CULTIVATION SITE: Shall have the same meaning as set forth in Business and Professions Code section 19300.5(x) as the same may be amended from time to time.

DENSITY BONUS: Entitlement to build additional residential units above the maximum number of units permitted pursuant to the existing General Plan, applicable specific plan and zoning designations. Density bonus units may be constructed only in developments where units of affordable housing are located. DENSITY BONUS means a bonus of units awarded to a development pursuant to Government Code section 65915 et seq.

DISTRIBUTOR: Means any commercial cannabis operation that distributes cannabis or cannabis products under a valid State type 11, or a State cannabis license type subsequently established.

DISTRICT: An area of the City defined on the official zoning map within which certain uses of land and building regulations and requirements or various combinations thereof apply under provisions of this title.

DWELLING: A building or portion thereof designed and used exclusively for residential occupancy with cooking and bath facilities. Uses include single-family, two-family, multiplefamily dwellings and apartments, but not hotels or motels or boarding houses. 369 of 401
DWELLING GROUP: A group of two (2) or more detached or semidetached dwellings occupying a parcel of land in one ownership and having a yard, court or place in common, but not including motels.

EASEMENT: A space on a lot or parcel of land and so indicated on a subdivision map or in a deed restriction, reserved for and/or used for public utilities and/or public uses.

EFFICIENCY UNIT: Has the same meaning as defined in Section 17957.1 of the Health and Safety Code.

FAMILY: One or more persons occupying a dwelling unit and living as a single housekeeping unit, and distinguished from a group occupying a boarding house, lodging house, motel or hotel.

FENCE: A constructed, unroofed barrier of wood, metal, masonry, or other material as allowed in this zoning ordinance that is intended to enclose, separate, define, secure, protect, and/or screen one or more areas of a site.

GARAGE, PRIVATE CARPORT: A building or portion of a main building, enclosed on three (3) or more sides and designed for the storage of private passenger motor vehicles wherein no service for profit is rendered.

GARAGE, PUBLIC: The use of any building for the storage, care or repair of motor vehicles for compensation and profit.

GENERAL PLAN: Statement of goals and policies and all amendments thereto, adopted by the City Council as a long range, comprehensive guide to the City's growth and development.

GRADE: The ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the height of the structure.

GUESTHOUSE: A detached structure necessary to a single-family dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities.

JUNIOR ACCESSORY DWELLING UNIT: A unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JUNIOR ACCESSORY DWELLING UNIT may include separate facilities, or may share sanitation facilities within the existing structure.

IRREGULAR SHAPED LOTS: The Community Development Director shall determine the setback measurements and minimum lot width and depth for lots that are not rectangular in shape (more or less than four sides), contain an arc, or do not have lot lines that are at right angles to one another.

JUNK: Any worn out, cast off or discarded article or material that is ready for destruction or has been collected or stored for salvage or conversion to some other use. Any article or material which, unaltered or unchanged and without further reconditions, can be used for its original purpose as readily as when new, shall not be considered JUNK.

JUNKYARD: Primary or accessory use of a parcel of land for the storage or keeping of junk, including scrap metals or other scrap materials.
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KITCHEN: A room or space within a building used or intended to be used for the cooking or preparation of food, which includes any of the following: refrigerator, stove, oven, range top, dishwasher, kitchen sink.

LANDSCAPING: The planting and continued maintenance of ornamental plant material including the installation, use and continued maintenance of a permanent irrigation system.

LIVESTOCK ANIMALS: Animals of a category normally referred to as livestock, including horses, goats, sheep or cattle, but not including swine.

LIVING AREA: The interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

LOADING SPACE, OFF STREET: An off street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

LOT: A parcel of land occupied or to be occupied by a use, building or a unit group of buildings and accessory buildings and uses, under the provisions hereof, including both the building site and all required yards and other open spaces as defined in this title, and having the required street frontage.

LOT AREA: The total horizontal area included within lot lines of a parcel of land.

LOT, CORNER: A lot located at the intersection of two (2) or more streets or bounded on two (2) or more adjacent sides by street lines.

LOT DEPTH: The horizontal length of a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.

LOT FRONT: The portion of any lot that is adjoining a public street. Where a rectangular or roughly rectangular shaped lot is a corner lot, that portion which adjoins a street and is the lesser, measured linearly, than any other portion adjoining any other street, is the front of the corner lot. Where portions adjoin two (2) or more streets and the linear measurements of each such adjoining portions are the same, then the front of the lot shall be determined at the option of the owner, but once such front has been so determined, such portion shall be the front of the lot for all purposes provided in this title.

LOT, INTERIOR: A lot other than a corner lot.

LOT, KEY: The first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot, exclusive of the width of any alley and fronting on the street which intercepts the street on which the corner lot fronts.

LOT, REVERSED CORNER: A corner lot, the side street line of which is substantially a continuation of the front line of the lot to its rear.

LOT, THROUGH: A lot having frontage on two (2) parallel or approximately parallel streets. 371 of 401
LOT WIDTH: The horizontal distance between side lot lines measured at right angles to the lot depth at the required front setback line.

LOT LINE:

LOT LINE, FRONT: A line defining the front lot. The front lot line for lots fronting on a curved street shall be determined by measuring a cord located twenty five feet (25') from the edge of the street right-of-way.

LOT LINE, REAR: A line which is opposite and most distant from the front lot line, and in the case of an irregular, triangular or gore shaped lot, a line within a lot ten feet (10') in length, parallel to and at the maximum distance from the front lot line.

LOT LINE, SIDE: Any lot lines other than the front or rear lot lines.

MANUFACTURE: Means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

MANUFACTURED CANNABIS: Means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product.

MANUFACTURER: Means a licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.

MEDICAL CANNABIS or MEDICINAL CANNABIS: Means cannabis that is intended to be used for medical cannabis purposes in accordance with the Compassionate Use Act 1 ("CUA"), the Medical Marijuana Program Act 2 ("MMPA") and the Medicinal and MAUCRSA Act.

MICROBUSINESS: Means a commercial cannabis facility operating under a State type 12 license, or a State cannabis license type subsequently established, and meeting the definition of microbusiness Business and Professions Code section 26070(a)(3)(A), as may be amended from time to time, which cultivates less than ten thousand (10,000) square feet of cannabis and acts as a licensed distributor, level 1 manufacturer, and retailer.

NURSERY: Shall have the same meaning as set forth in Business and Professions Code section 26001(aj), and is a commercial cannabis use that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.

OPEN SPACE: Land which is available for outdoor recreational activities, passively or actively, for public or private use.

OPERATOR: Means the natural person or designated officer responsible for the operation of any commercial cannabis use.

OUTDOOR DINING AREA: An area for dining which is not located within an enclosed structure and where patrons may consume food and/or beverages provided by an abutting 372 of 401
restaurant/cafe. Such restaurants/cafes may either provide table service in the OUTDOOR DINING AREA or sell takeout items to be consumed in the outdoor dining area. All alcohol served outdoors (beer, wine, hard alcohol) and amplified live entertainment requires a conditional use permit.

OVERLAY ZONE: A supplementary zoning designation applied to property in addition to a primary zoning district that highlights special regulations applying to those properties within the overlay zoning district.

PARKING AREA, PUBLIC: An open area, other than a street or alley which is paved, graveled or otherwise surfaced, and used for the parking or storage of vehicles and available for public use whether free, for compensation or as an accommodation for patrons, customers or clientele of a business, professional office or other commercial enterprise.

PARKING SPACE: A space within a lot or public parking area or a building or parking garage exclusive of driveways, ramps, columns, office and work area, for the temporary parking or storage of one vehicle.

PERSON: Means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, tribe, or any other group or combination acting as a unit and includes the plural as well as the singular number.

PERSONAL CANNABIS CULTIVATION: Shall mean that cannabis cultivation which is allowed for a single qualified patient or caregiver for medicinal purposes or that cultivation which is allowed for an adult twenty one (21) years of age or older.

PLANNED DEVELOPMENT: An area of land controlled by a landowner, which is, has been or is proposed to be developed as a single entity for any residential or neighborhood commercial endeavor, the plan for which need not conform in lot size, bulk or type of structure, number of structures per lot, height or yard regulations established for the affected district or districts by any other articles of this title. Such development will be permitted only after a planned unit permit is secured.

PREMISES: Means a legal parcel, or a leasehold interest in land, or a leased or owned space in a building where the commercial cannabis use or activity is or will be conducted.

PUBLIC TRANSIT: A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

QUALIFYING PATIENT or QUALIFIED PATIENT: Shall have the same meaning as set forth in Health and Safety Code section 11362.7 as the same may be amended from time to time.

REVIEW AUTHORITY: Means the individual or official City body (the City Manager, Director, Council, Commission, or Board) and others as identified in this Code as having the responsibility and authority to review and approve or deny land use permit applications.

SALE, SELL, and TO SELL: Shall have the same meaning as set forth in Business and Professions Code section 26001(as), as the same may be amended from time to time: any transaction whereby, for any consideration, title to cannabis is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed 373 of 401
for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom such cannabis or cannabis product was purchased.

SCHOOL: Means any public or private school providing instruction to students in kindergarten or any grades 1 through 12.

SHIPPING CONTAINER: Any enclosed container constructed of metal, wood, or other material which container was designed or patterned after structures used in containerized shipping operations. No SHIPPING CONTAINER or similar structure shall be used as an accessory structure in any residential or commercial zoning district unless granted a temporary use permit pursuant to section 5-6-9 of this title. SHIPPING CONTAINERS shall be painted an approved neutral color, allowing it to blend in with its surroundings.

SIGHT DISTANCE AREA: A triangular area, on a corner lot or reverse corner lot bounded by the lot line of such corner lot and a line joining points along such lot lines measured from the intersection of two (2) property lines or their projection to a distance equal to the sum of the building setbacks on each of the two (2) intersecting streets.

SIGNIFICANT EXTERIOR ALTERATIONS TO EXTERIOR STRUCTURES: The community development director shall consider the following criterion when determining when an exterior alteration to an existing structure is significant: a 15% change in the height of the building, a different roof line or design, a minimum 40% surface change in the building’s façade or elevation (including windows and doors), a minimum 40% change in building materials, a minimum 15% increase in overall square footage.

STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet (6') above grade, such basement or cellar shall be considered a STORY.

STREET: A public thoroughfare that affords principal means of access to abutting property, including avenue, place, way, boulevard, drive, lane, highway, road and any thoroughfare except an "alley" as defined herein.

STRUCTURAL ALTERATION: Any change in the supporting members of a building, including bearing walls, columns, beams, or girders, floor joist, ceiling joist or roof rafters, foundations, piles or retaining walls or similar components or changes in roof or exterior lines.

STRUCTURE: Shall mean a building completely enclosed and detached from a residence that complies with the California Building Code, as adopted by the City, and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors.

SUPPORTIVE HOUSING: Housing with no limit on length of stay, that is occupied by the target population and that is linked to on site or off site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. SUPPORTING HOUSING UNITS are residential uses allowed in any zone allowing residential uses, subject only to those 374 of 401
requirements and restrictions that apply to other residential uses of the same type in the same zone.

SWIMMING POOL: A structure designed to contain water in excess of eighteen inches (18") in depth, located above or below grade or ground surface, commonly constructed of concrete, metal, wood, fiberglass, and/or plastic, and designed and used for recreation or therapy.

TARGET POPULATION: Persons with low income who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act 1 and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

TESTING LABORATORY: Shall have the same meaning as set forth in Business and Professions Code section 26001(at), and means a laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products and that is both of the following:
credited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State and licensed by the State Bureau of Cannabis Regulation.

TRANSITIONAL HOUSING: Rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months from the beginning of the assistance. TRANSITIONAL HOUSING UNITS are residential uses allowed in any zone allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

USE: The purpose for which land or a building is arranged, designed or intended for which either land or a building is or may be occupied or maintained.

VOLATILE SOLVENT: Means volatile organic compounds, including but not limited to: a) explosive gases, such as butane, propane, xylene, styrene, gasoline, kerosene, O2 or H2; and b) dangerous poisons, toxins, or carcinogens, such as methanol, methylene chloride, acetone, benzene, toluene, and tri-chloro-ethylene as determined by the Fire Marshal.

YARD: An open space other than a court, on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided therein.

YARD, FRONT: A yard extending across the full width of the lot, the depth of which is the distance between the front property line and the setback line.

YARD, REAR: A yard extending across the full width of the lot between the most rear main building and the rear property line. The depth of the required REAR YARD shall be measured horizontally from the nearest part of a main building toward the nearest point of the rear property line.

YARD, SIDE: A yard, between a main building and the side property line, extending from the front yard to the rear yard. The width of the required SIDE YARD shall be measured horizontally from the nearest point of the side property line toward the nearest part of the main building. -
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YOUTH CENTER: Shall have the same meaning as in section 11353.1 of the Health and Safety Code, as may be amended from time to time: any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

ZONE: A "district" as defined in this title. Portions of territory in the City within which certain uniform regulations and requirements or various combinations apply pursuant to this title.

ZONING MAP: An official map subscribed by the City and on file with the City that serves to delineate the boundaries of each "district" as defined herein. (Ord. 533, 8-16-2005; and. Ord. 556, 12-19-2006; Ord. 619, 6-17-2014; Ord. 626, 1-19-2016; Ord. 627, 4-5-2016; Ord. 632, 12- 19-2017)
SECTION 7. Table 3 “COMMERCIAL USES” of “Section 5-3-15: “LAND USE REGULATIONS (ZONING MATRIX)” of Title 5 of the Livingston Municipal Code is revised to read as follows:

Table 3: Commercial Uses
RER-1 R29R-39 C19DTC
9 C29C39M-19 M-29 PFP/O
S
Commercial uses:

Agricultural C
Amusement center C C
Automobile repair P P P P
Bar, cocktail lounge C C5 C C
Body art establishment C
Business service P P P P
Commercial cannabis
activity/uses:

Cannabis
dispensary/retail activity
with or without
storefront11
Commercial cannabis
cultivation - indoor11
C C
Commercial cannabis
cultivation - mixed light
(enclosed)11
C C
Commercial cannabis
cultivation - outdoor11
Commercial cannabis
distribution11
C C
Commercial cannabis
manufacturing
C C
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(volatile/nonvolatile)11
Commercial cannabis -
microbusiness (no retail;
no outdoor cultivation)11
CC
Commercial cannabis
nursery - indoor or mixed
light/greenhouse11
CC
Commercial cannabis
testing11
CCC
Medical cannabis
delivery only (originating
from outside the City)11

CCCCCCCCCCCC
Nonmedical cannabis
delivery only11
Commercial servicesPPPPPP
Cultivation8CCCCCCCCCCCC
Daycare centerCCCC
Emergency shelterCPP
Equipment sales, rental,
repair
PPP
Financial institution, bankPPPP
Horticultural nurseryPP
HospitalC
Hotels, motelsCCP
Laboratory, research
institute
PPP
Licensed community
care facility
1 P
6 P
6 CC
Mixed use
2 CC
Office,
professional/business
and medical
PPPP C7
Outdoor salesPPPP
Public utility
building/substation

CCCCCCP
RecreationCCCCCC
Recreational vehicle
site/trailer court
CC
Residence/manager/own
er
3 CCCCCC
Rest homeCC
Restaurant/cafePPPP
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Restaurant, drive-in C C
Retail and professional
services

P P P P P
Retail sales P P P P
Service stations,
gasoline
C C C
Shipping container
accessory structure

C C C C C C C C C C C C
Social Halls C C C C C C
Smoke shop/smoking
lounge10
C C
Storage P P
Vehicle sales4 C C
SECTION 8. CEQA. The City Council of the City of Livingston hereby finds and determines that the adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines (Cal. Code Regs., tit. 14, div. 6, ch. 3) Section 15061(b)(3), the “Common Sense Exemption,” because it can be seen with certainty that there is no possibility that the activity in question may have a significant on the environment.

SECTION 9. Effective Date. This Ordinance shall become effective thirty (30) days after its final passage and adoption.

SECTION 10. Severability. If any section, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 11. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law. 378 of 401
Introduced: September 2, 2025
Passed and Adopted: _________________, 2025
______________________
JOSE MORAN, Mayor
of the City of Livingston
ATTEST:
______________________________
Monica Cisneros, Deputy City Clerk
APPROVED AS TO FORM:
______________________________
Marc B. Tran, City Attorney
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ATTEST:

State of California )
County of Merced )
City of Livingston )
I hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the 2 day of September, 2025, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston this ____ day of _____, ____, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Monica Cisneros, Deputy City Clerk
of the City of Livingston
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ATTACHMENT 2
PLANNING COMMISSION RESOLUTION 2022-09

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

LIVINGSTON RECOMMENDING TO THE CITY COUNCIL

APPROVAL OF A ZONING ORDINANCE TEXT AMENDMENT TO
TITLE 5, CHAPTER 3, SECTION 5-3-16: LOT DEVELOPMENT
STANDARDS, SECTION 5-3-15: LAND USE REGULATIONS, CHAPTER 4, SECTION 5-4-5: OFF STRET PARKING AND LOADING, CHAPTER 6, SECTION 5-6-7: SITE PLAN AND DESIGN REVIEW, CHAPTER 7,
SECTION 5-7-2: DEFINITIONS OF WORDS AND PHRASES, AND
CHAPTER 3 (ZONING MATRIX)
WHEREAS, pursuant to Title 5, Chapter 6, Section 2 (B) 4 of the Livingston Municipal Code (LMC), the City Planner, by the Authority of the City Manager, has prepared text amendments to the language of Title 5, Chapters 3, 4, 6 and 7 of the LMC related to various development standards, Site Plan and Design Review Procedures, definitions and the commercial zoning matrix; and
WHEREAS, the Planning Commission, has reviewed the proposed text amendments at a duly noticed public hearing on November 8, 2022, and has fully considered all comments whether orally or in writing regarding the proposed text amendments; and WHEREAS, LMC Section 5-6-2 (A) states that City zoning regulations shall be consistent with the General Plan in accordance with California Government Code, Section 65860 and the Planning Commission determines that the proposed text amendments are consistent with the 1999 Livingston General Plan Objective A, “Ensure the provision of adequate commercial shopping opportunities and office space locations to meet anticipated needs”; and
WHEREAS, staff has reviewed the project with reference to the 1999 General Plan, and the Zoning Ordinance (specifically Sections 5-3-15, 5-3-16, 5-4-5, 5-6-7 and 5-7-2); and finds that, based on the evidence documented within the associated staff report and proceedings of the public hearing, is generally consistent with the General Plan.

WHEREAS, the proposed text amendments are categorically exempt from the California Environmental Quality Act (“CEQA”) under the CEQA Guidelines, Section 15061 (b)(3), the “Common Sense Exemption,” because it can be seen with certainty that the activity will not have a significant effect on the environment.

NOW, THEREFORE, BE IT RESOLVED that the Livingston Planning Commission hereby adopts Resolution 2022-09, recommending that the City Council amend the LMC, as provided for in attached Exhibit A.
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The foregoing resolution was introduced and moved for adoption on November 8, 2022, by Commissioner _____, and being duly seconded by Commissioner ________, was passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
__________________________ ________________________________ Chair, ROBERT WALLIS Secretary of the Planning Commission

MIGUEL GALVEZ
Attachment:

Exhibit A – Draft City Council Ordinance
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STAFF REPORT
AGENDA ITEM: INFORMATIONAL: COMPENSATION ANALYSIS FOR ENGINEERING, PLANNING AND BUILDING DEPARTMENT.

MEETING DATE: September 2, 2025
PREPARED BY: José Antonio Ramírez, City Manager
REVIEWED BY: José Antonio Ramírez, City Manager
BACKGROUND / DISCUSSION:

A majority of cities in the Central Valley do not fully outsource their planning, engineering and building departments, but instead use a hybrid model combining in-house staff with contracted-out services for specific projects. The level of outsourcing varies significantly depending on the city's size, budget, and project needs.

Both options present unique advantages and drawbacks that require careful consideration to ensure efficient, cost-effective, and high-quality outcomes for the public and the community as a whole.

The hybrid model: Combining in-house and outsourced services • Small cities: Smaller cities with less frequent or complex engineering needs often contract out most of their engineering, planning and building needs. • Large cities: Large, fast-growing municipalities generally maintain larger in-house engineering, planning and building departments. However, they do hire outside consultants for specialized expertise or to manage the workload of large, complex projects. This allows them to avoid hiring permanent employees for temporary spikes in work.

Reasons For Outsourcing
Cities typically decide to outsource engineering, planning and building work for several key reasons:

Budgetary constraints: Outsourcing can be a way to manage costs, especially during times of fiscal hardship. We can use outside consultants on an as-needed basis, avoiding the long-term costs of a larger in-house staff, such as salaries, benefits, and retirement (OPEB Liabilities).

Access to specialization: Consulting firms often have highly specialized expertise that city staff may lack. This allows us to bring in expert knowledge for complex projects. 383 of 401
Workload management: Contracting-Out projects provides flexibility to manage a fluctuating workload. We can keep a lean in-house team for day-to-day operations while bringing in outside firms to handle a surge of new projects. We rely on external expertise, and a hybrid approach allows us to balance costs, access specialized expertise, and manage their workflow effectively, without fully relying on either an exclusively in-house or outsourced model.

In-house vs Outsourcing Advantages and Disadvantages to take into consideration:

Advantages

1. Through Oversight and Control: over project management, design, and adherence to our standards and our priorities.

2. Great Institutional Knowledge: of our infrastructure, regulations, and long-term community goals.

3. Response Times Should Be Faster: to developing situations.

4. Cost Savings (Long-Term): Could be more cost-effective in the long run.

Disadvantages

1. Initial Investment and Overhead: significant upfront costs for salaries, benefits, equipment, and training. There could be months with low activity.

2. Fluctuations: project workloads are not constant so our staff can be underutilized, increasing the cost per project.

3. Technology and Best Practices: This will be challenging for our staff.

4. Hiring and Retaining: specialized talent for a wide range of services is difficult.

5. Political Interference: compromising independent decision-making is real and can happen.

ATTACHMENTS:

1. Compensation Analysis for Engineering, Planning and Building Department. 384 of 401
City Population Type Exempt or Non-Exempt A B C D E F G H I J K City of Chowchilla 19,669
Effective salary date: 07/1/2025 Exempt
Senior Building Inspector Hourly $ 37.73 $ 38.67 $ 39.64 $ 40.63 $ 41.65 $ 42.69 $ 43.76 $ 44.85 $ 45.97 $ 47.12 $ 48.30 Monthly $ 6,539.87 $ 6,702.80 $ 6,870.93 $ 7,042.53 $ 7,219.33 $ 7,399.60 $ 7,585.07 $ 7,774.00 $ 7,968.13 $ 8,167.47 $ 8,372.00 Annually $ 78,478.40 $ 80,433.60 $ 82,451.20 $ 84,510.40 $ 86,632.00 $ 88,795.20 $ 91,020.80 $ 93,288.00 $ 95,617.60 $ 98,009.60 $ 100,464.00 City of Coalinga 17,199
Effective salary date: 1/1/2025
Building Inspector I Hourly $ 26.56 $ 27.88 $ 29.28 $ 30.74 $ 32.28 $ 33.89 Monthly $ 4,602.92 $ 4,833.07 $ 5,074.72 $ 5,328.46 $ 5,594.88 $ 5,874.63 Annually $ 55,235.08 $ 57,996.83 $ 60,896.67 $ 63,941.51 $ 67,138.58 $ 70,495.51 Effective salary date: 1/1/2025
Building Inspector II Hourly $ 27.88 $ 29.28 $ 30.74 $ 32.28 $ 33.89 $ 35.59 Monthly $ 4,833.07 $ 5,074.72 $ 5,328.46 $ 5,594.88 $ 5,874.63 $ 6,168.36 Annually $ 57,996.83 $ 60,896.67 $ 63,941.51 $ 67,138.58 $ 70,495.51 $ 74,020.29 City of El Segundo 15,931
Effective salary date: 06/28/2025 Exempt
Building Inspector I Hourly $ 37.03 $ 38.88 $ 40.82 $ 42.86 $ 45.01 Monthly $ 6,417.84 $ 6,738.73 $ 7,075.66 $ 7,429.45 $ 7,800.93 Annually $ 77,014.08 $ 80,864.77 $ 84,907.94 $ 89,153.41 $ 93,611.10 Effective salary date: 06/28/2025 Exempt
Building Inspector II Hourly $ 40.87 $ 42.91 $ 45.06 $ 47.31 $ 49.68 Monthly $ 7,084.10 $ 7,438.30 $ 7,810.21 $ 8,200.73 $ 8,610.76 Annually $ 85,009.15 $ 89,259.59 $ 93,722.49 $ 98,408.70 $ 103,329.16 City of Ripon 16,036
Effective salary date: 2025
Senior Building Inspector I Hourly $ 42.48 $ 44.61 $ 46.84 $ 49.18 $ 51.64 Monthly $ 7,362.42 $ 7,730.50 $ 8,117.08 $ 8,522.92 $ 8,949.08 Annually $ 88,349.00 $ 92,766.00 $ 97,405.00 $ 102,275.00 $ 107,389.00 Effective salary date: 2025
Senior Building Inspector II Hourly $ 46.83 $ 49.18 $ 51.64 $ 54.22 $ 56.93 Monthly $ 8,117.08 $ 8,522.92 $ 8,949.08 $ 9,396.50 $ 9,866.33 Annually $ 97,405.00 $ 102,275.00 $ 107,389.00 $ 112,758.00 $ 118,396.00 Effective salary date: 2025
Building Inspector Hourly $ 33.76 $ 35.45 $ 37.22 $ 39.08 $ 41.04 Monthly $ 5,852.25 $ 6,144.83 $ 6,452.08 $ 6,774.67 $ 7,113.42 Annually $ 70,227.00 $ 73,738.00 $ 77,425.00 $ 81,296.00 $ 85,361.00 Effective salary date: 2025
Building Inspector - Part Time Hourly Non-Exempt $ 40.00 Monthly $ 6,933.33
Annually $ 83,200.00
City of King 14,293
Effective salary date: 7/1/2023 Exempt
Building Inspector Hourly $ 33.81 $ 35.50 $ 37.28 $ 39.14 $ 41.10 $ 43.16 $ 45.31 Monthly $ 5,861.01 $ 6,154.07 $ 6,461.77 $ 6,784.86 $ 7,124.10 $ 7,480.30 $ 7,854.32 8/28/2025 Building Inspector Comp Study
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Livingston City CouncilSeptember 2, 2025

Livingston City Council
September 2, 2025