Agenda packet — Livingston City Council, October 21, 2025 (part 2 of 2)

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

THE PROPOSAL FROM KRAZAN & ASSOCIATES AND AWARDING A CONSULTANT

SERVICES AGREEMENT FOR THE GEOTECHNICAL ENGINEERING INVESTIGATION FOR THE 1,2,3-TCP REMOVAL TREATMENT SYSTEM PROJECT AND THE WELL NO. 18 IMPROVEMENTS AND (2) AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT
WHEREAS, the City of Livingston is required to treat raw water produced from groundwater wells for the removal of 1,2,3-TCP and the City has submitted a construction application to California State Water Resources Control Board; and
WHEREAS, the City of Livingston is working on adding new water sources and the City Council has authorized funding from the City’s Water Enterprise and Water Capital Funds and State (Anna Caballero) Funds for the construction of the new Well No. 18; and WHEREAS, the proposed improvements for the TCP treatment facilities and the new water well are currently in the design phases and a Geotechnical Engineering Investigation is needed for designing and constructing the subgrade and foundation improvements for these projects; and WHEREAS, the City requested proposals from Geotechnical Engineering Firms and received a total of three ranging from $17,700.00 to $30,900.00; and WHEREAS, City staff has evaluated the proposals and has selected Krazan & Associates with the most qualified proposal of $17,700.00; and
WHEREAS, funding of for this work was encumbered in fiscal year 2025/2026 in the TCP Settlement and Water Capital Fund Accounts; and
WHEREAS, City Council of the City of Livingston accepts the proposal from Krazan & Associates and finds it is in the best interest to award a contract for these geotechnical engineering services.

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 Geotechnical Engineering Investigation contract to Krazan & Associates, for the proposal fee of seventeen thousand seven hundred dollars and zero cents ($17,700.00) which Consultant Services Agreement is attached hereto and finds that said award is in the best interest of the City.

3. Directs Staff to appropriate the contract amount from the following accounts: the TCP Settlement (2106-830-7678) and Water Capital Fund Accounts (2104-830-7573), both from the approved fiscal year 2025/2026 budget.

Fund Account Description Account Amount
TCP Settlement Well 8,9,13,17
Project #2 & 3
2106-830-7678 $11,800.00
Water Capital Well 18 2104-830-7573 $5,900.00
Total $17,700.00
Item 7.6

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3. Authorizes the City Manager to execute the agreement for the Geotechnical Engineering Investigation for the 1,2,3-TCP Removal Treatment System Project and the Well No. 18 Improvements.

4. This resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2025-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 21st day of October 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 Barraza Tran, City Attorney
of the City of Livingston
Item 7.6
Project Name/No.: _640.20-2/640.34 Geotechnical Engineering Investigation Contract No: 640.20-2/640.34-2025
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CONSULTANT SERVICES AGREEMENT

ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, CITY:

The name of the “CONSULTANT” is as follows:
(Krazan & Associates)
Incorporated in the State of (California)
The Project Manager for the “CONSULTANT” will be (Dave Jarosz) The name of the “CITY” is as follows:
(City of Livingston)
The Contract Administrator for CITY will be (Jose A Ramirez) B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Proposal Fee.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the negligence, or willful misconduct of CITY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto.

CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of CITY.

E. CITY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the CITY as to the designation of tasks to be performed and the results to be accomplished.

F. Any third-party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the CITY. However, claims for money due or which become due to CONSULTANT from CITY under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without Item 7.6
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such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the CITY.

H. CONSULTANT shall be as fully responsible to the CITY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
Not Applicable to this AGREEMENT.

ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
Consultant services shall be those as listed in the Krazan & Associates Cost Proposal No. P040-25 dated September 4, 2025, incorporated hereto by reference.

B. Not used.

C. Not used.

D. Not used.

E. Local Agency Obligations
All data applicable to the project and in possession of CITY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.

F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the CITY. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

G. Not used.

H. Not used.

I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of CITY. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.

J. Deliverables and Number of Copies
The number of copies or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way parcel maps shall be specified. Provision may be made for payment for additional copies.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on (DATE), contingent upon approval by CITY, and CONSULTANT shall commence work after notification to proceed by CITY’S Contract Administrator. The AGREEMENT shall end on (DATE), unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on CITY until the AGREEMENT is fully executed and approved by CITY.

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ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. CONSULTANT will be reimbursed for hours worked at the hourly rates approved by CITY not to exceed the Proposal Fee. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by CITY’S Contract Administrator of itemized invoices in duplicate.

B. Not used.

C. Not used.

D. Not used.

E. Not used.

F. Reimbursement for transportation and subsistence costs shall not exceed the rates approved by CITY.

CONSULTANT will be responsible for transportation and subsistence costs in excess of approved rates.

G. Not used.

H. Progress payments will be made monthly in arrears based on services provided and actual costs incurred.

I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by CITY and notification to proceed has been issued by CITY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.

J. Not used.

K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by CITY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed.

Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the work. Invoices shall detail the work performed on each milestone or task. Invoices shall follow the format approved by CITY and shall reference this AGREEMENT number and project name. Credits due CITY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to CITY’s Contract Administrator at the following address:
(City of Livingston/Jose A Ramirez) (1416 C Street, Livingston, CA 95334) L. Not used.

M. Not used.

N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in the AGREEMENT, no payment will be made until the deliverable has been satisfactorily completed.

O. Not used.

P. The total amount payable by CITY for all work resulting from this AGREEMENT shall not exceed $17,700.00.

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by CITY, provided that CITY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate.

Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. CITY may temporarily suspend this AGREEMENT, at no additional cost to CITY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary Item 7.6
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suspension. If CITY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of this AGREEMENT by CONSULTANT, and CITY may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due CITY from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to CITY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. CITY shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by CITY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, Cost Proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, CITY, or local government officials are allowed full Item 7.6
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access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by CITY’s Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, CITY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the CITY’s Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report.

Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is one hundred percent (100%) or less - the accepted rate reimbursed will be one hundred percent (100%) of the proposed rate.
b. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. c. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. d. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to CITY final invoice only when all of the following items have occurred:
(1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of CITY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Item 7.6
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AGREEMENT and all other agreements executed between CITY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the CITY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the CITY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the CITY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the CITY’s Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the CITY.

E. Any substitution of Subconsultants must be approved in writing by the CITY’s Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal.

G. Prompt Payment of Withheld Funds to Subconsultants
The CITY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the CITY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The CITY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.

Method 1: No retainage will be held by the CITY from progress payments due to CONSULTANT.

CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the CITY’s prior written approval.

Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by CITY’s Contract Administrator shall be required before CONSULTANT Item 7.6
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enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by CITY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit CITY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY.

2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance).

These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at CITY construction sites, at CITY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve CITY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work.

Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct.

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b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the CITY’s Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CITY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform CITY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by CITY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the CITY’s Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775.

Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the CITY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to Item 7.6
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pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, CITY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If CITY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if CITY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by CITY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the CITY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices
Item 7.6
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1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this AGREEMENT or any ensuing CITY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing CITY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS

FOR LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

Item 7.6
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B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and Item 7.6
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performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. 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 three (3) years.

B. Any exceptions to this certification must be disclosed to CITY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION Not Applicable to this AGREEMENT.

ARTICLE XIX INSURANCE
A. Prior to commencement of the work described herein, 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 the CITY.

B. GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 0I, 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.

C. AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 0I 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, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

D. PROFESSIONAL LIABILITY INSURANCE (errors & omissions). 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.

E. WORKERS' COMPENSATION INSURANCE. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000).

F. CONSULTANT shall provide certificates of insurance to the CITY as evidence of the insurance coverage required herein. Current certification of insurance shall be kept on file with the CITY at all times during Item 7.6
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the term of this AGREEMENT.

G. The Certificate of Insurance will provide:

1. That the insurer will not cancel the insured’s coverage without thirty (30) calendar days prior written notice to CITY.

2. That CITY, its officers, agents, employees, and servants are included as additional insureds under CGL and Auto liability policies, but only insofar as the operations under this AGREEMENT are concerned.

3. That CITY will not be responsible for any premiums or assessments on the policy.

H. CONSULTANT agrees that insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT. New Certificates of Insurance are subject to the approval of CITY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, CITY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.

ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to CITY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or CITY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. CITY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by CITY’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team approved by CITY without prior written approval by CITY’s Contract Administrator.

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, CITY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Item 7.6
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Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of CITY’s Contract Administrator and (Finance Director), who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by CITY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit CITY to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by CITY Safety Officer and other CITY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, CITY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of CITY, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, CITY shall be entitled to, and CONSULTANT shall deliver to CITY, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to CITY which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by CITY.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of CITY without restriction or limitation upon its use or dissemination by CITY.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by CITY for another project or project location shall be at CITY’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).

Item 7.6
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E. CITY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the CITY shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by CITY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with CITY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that CITY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from CITY.

Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with CITY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to CITY’s operations, which are designated confidential by CITY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or CITY’s actions on the same, except to CITY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by CITY, and receipt of CITY’S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than CITY. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of CITY or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, CITY has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, CITY’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT 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 CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
Item 7.6
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CONSULTANT’s performance will be evaluated by CITY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
The CITY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the CITY fails to pay promptly, the CITY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the CITY shall act in accordance with both of the following:
(1) The CITY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The CITY must return any payment request deemed improper by the CITY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. PROMPT PAYMENT CERTIFICATION
Not Applicable to this AGREEMENT.

ARTICLE XXXII TITLE VI ASSURANCES
Not Applicable to this AGREEMENT.

ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be affected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT:

Krazan & Associates
Dave Jarosz , Project Manager
215 W Dakota Avenue
Clovis, CA 93612
CITY:

City of Livingston
Jose A Ramirez , Contract Administrator
1416 C Street
Livingston, CA 96334

ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named CITY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms Item 7.6
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and conditions of this AGREEMENT as evidenced by the signatures below.

ARTICLE XXXV SIGNATURES
City of Livingston Krazan & Associates
(Signature)
Jose A Ramirez, City Manager
(Signature)
David R Jarosz II, Managing Engineer
Date: Date:

Attest:
(Signature)
Monica Cisneros, Deputy City Clerk
Approved as to Form:

Burke, Williams & Sorensen, LLP
(Signature)
Marc B Tran, City Attorney
Item 7.6
& A S S O C I A T E S , I N C .

GEOTECHNICAL ENGINEERING  ENVIRONMENTAL ENGINEERING

CONSTRUCTION TESTING & INSPECTION
With Offices Serving The Western United States
215 W. Dakota Avenue  Clovis, California 93612  (559) 348-2200  Fax: (559) 348-2201 G:\Soils\PROPOSAL\2025\P040-25 City of Livingston Treatment System.docx September 4, 2025 KA Proposal No. P040-25
Mr. Jose Antonio Ramirez
City of Livingston
1416 C Street
Livingston, California 95334
RE: COST PROPOSAL FOR GEOTECHNICAL ENGINEERING INVESTIGATION City of Livingston TCP Removal Treatment System Project Various Locations
Livingston, California
Dear Mr. Ramirez:

Thank you for the opportunity to submit this cost estimate for the Geotechnical Engineering Investigation Report for the above-mentioned project.

For the purpose of this investigation, we plan to drill exploratory borings within the site to evaluate the subsurface soil conditions. The exploratory borings will be advanced to depths ranging from approximately 10 to 50 feet or auger refusal. The anticipated locations of the borings are presented in the table below. In addition, three (3) bulk subgrade samples: one form each location will be collected for R-Value testing. During drilling operations, penetration tests will be performed at regular intervals to evaluate the soil consistency and to obtain information regarding the engineering properties of the subsoils. Soil samples will be retained for laboratory testing. The soils encountered will be continuously examined and visually classified in accordance with the Unified Soil Classification System. All fieldwork will be done under the supervision of a Geotechnical Engineer.

Number of
Borings
Location of Borings Depth of
Borings
Cost
2 Well No 18 – Celia Drive & Main Street 10-50 Ft $5900.00 3 Arakelian Park – Emerald Drive 10-50 Ft $5900.00
3 Well No 8 – W. Main Street 10-50 Ft $5900.00
Total Cost Estimate: $17,700.00
Item 7.6
KA No. P040-25
Page No. 2
Krazan & Associates, Inc.

With Offices Serving The Western United States G:\Soils\PROPOSAL\2025\P040-25 City of Livingston Treatment System.docx Laboratory testing will be dependent on the results of the field-testing and sampling program, as well as consideration of the foundation system most practical and cost-effective for the project. At this time, a series of dry density determinations, moisture contents, expansion tests, direct shear tests, R-Value tests, and consolidation tests are anticipated. The results of the field exploration, laboratory testing, and engineering analysis will be presented in a formal report after thorough discussion of the project findings with the other Project Consultants.

The Geotechnical Engineering Investigation Report will address the following items:

I. Introduction
II. Site Description
III. Geologic Setting
IV. Soils Profile and Subsurface Conditions
V. Groundwater Conditions
VI. Engineering Conclusions and Recommendations of:

A. Site Preparation

1. Over-Excavation

2. Non-Expansive Fill

3. Compaction Requirements

4. Utility Trench Requirements

5. Mitigation Measures for Expansive Soils
B. Building Requirements

1. Bearing Capacity for Various Foundation Designs

2. Footing Depth Requirements

3. Anticipated Settlement

4. Floor Slab Reinforcement

5. Moisture Barrier Requirements

6. Lateral Earth Pressures

7. Chemically Reactive Soil Conditions Related to Construction Materials

8. Site Class, Site Coefficients, and Design Spectral Response Acceleration Parameters per 2022 CBC Code.

C. Pavement Requirements

1. R-Value Testing of Soils

2. Pavement Section for Various Traffic Loads

3. Compaction Requirements
VII. Site Plan with Boring Locations
VIII. Boring Logs
IX. Discussion of Field and Laboratory Testing Methods
Item 7.6
KA No. P040-25
Page No. 3
Krazan & Associates, Inc.

With Offices Serving The Western United States G:\Soils\PROPOSAL\2025\P040-25 City of Livingston Treatment System.docx The final Geotechnical Engineering Investigation Report would be ready within approximately 4 or 5 weeks after the field work is completed.

This estimate does NOT include environmental assessment costs, geologic hazards evaluation costs, percolations testing costs or construction testing and inspection costs. The scope of services does not include percolation testing or excavation of backhoe pits. If any of the additional services are needed, please do not hesitate to contact me. This proposal is valid for a period of 90 days after which Krazan & Associates reserves the right to modify its content.

STATEMENT OF QUALIFICATIONS
Krazan & Associates, Inc. is a professional engineering firm with approximately 300 employees. We assemble project teams tailored to the project requirements. Krazan & Associates, Inc. provides comprehensive services in soils engineering, engineering geology, groundwater analysis, environmental sciences, and construction quality control.

Presently, Krazan & Associates, Inc. has offices in Seattle, Sacramento, Pleasanton, Modesto, Fresno/Clovis, Visalia, Bakersfield, and Los Angeles. We also have portable field offices at various job site locations. In addition, we maintain six truck-mounted drill rigs for subsurface exploration. We maintain a fleet of approximately ninety radio-dispatched vehicles including four-wheel and two-wheel drive trucks and vans. Our laboratory facilities are completely equipped for materials testing including soils, concrete, mortar, grout, building block, steel, and welding.

If you have any questions, or if we may be of further assistance, please do not hesitate to contact our office at (559) 348-2200.

Respectfully submitted,
KRAZAN & ASSOCIATES, INC.

David R. Jarosz, II.

Managing Engineer
DRJ/kw
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AGREEMENT FOR

GEOTECHNICAL ENGINEERING SERVICES
THIS AGREEMENT is made by and between KRAZAN & ASSOCIATES, a California corporation, with its principal office located at 215 West Dakota Avenue, Clovis, California, 93612, hereinafter referred to as “Consultant”, and City of Livingston , hereinafter referred to as “Client.” This Agreement between the parties consists of the TERMS AND CONDITIONS (below), the attached PROPOSAL titled “TCP Removal System,” file number P040-25, dated September 4, 2025 (“PROPOSAL”), and any exhibits or attachments cited in the PROPOSAL, which are incorporated in full by this reference. This Agreement, executed in Clovis, CA,, is effective as of the date this Agreement is countersigned by Krazan & Associates, or the date on which Consultant initiates services as scheduled by Client, whichever occurs earlier. Scheduling of Consultant’s Services by Client or Client’s agent or designee will constitute Client’s acceptance of these terms and conditions. WITNESSETH, that the parties hereto, in consideration of the mutual promises and benefits flowing to each of the parties hereto as hereinafter stated, do mutually agree as follows:

1. DEFINITIONS

1.1. Contract Documents. Plans, specifications, and agreements between Client and Contractor, including addenda, amendments, supplementary instructions, and change orders.

1.2. Contractor. The contractor or contractors, and including its/their subcontractors of every tier, retained to construct the Project for which Consultant is providing Services under this Agreement.

1.3. Day(s). Calendar day(s) unless otherwise stated.

1.4. Hazardous Materials. The term Hazardous Materials means any toxic substances, chemicals, radioactivity, pollutants or other materials, in whatever form or state, known or suspected to impair the environment in any way whatsoever. Hazardous Materials include, but are not limited to, those substances defined, designated or listed in any federal, state or local law, regulation or ordinance concerning hazardous materials, toxic substances or pollution.

1.5. Services. The professional services provided by Consultant as set forth in this Agreement, as included in Consultant’s PROPOSAL and any written Purchase Orders, Service Orders, Task Orders or Work Orders, and Change Order or amendment to this Agreement, and Consultant’s professional services as scheduled by Client’s Contractor through oral or written communication.

1.6. Work. The labor, materials, equipment and services of the Contractor required to complete the project in accordance with the approved plans and specifications, and building code requirements. .

1.7. Fee Schedule. Consultant’s standard annual fee schedule unless a project-specific fee schedule is provided.

1.8. Inspection (or Observation). Visual determination of conformance with specific or, on the basis of Consultant’s professional judgment, general requirements.

1.9. Testing. Measurement, examination, performance of tests, and any other activities to determine the characteristics or performance of materials.

1.10. Governmental Agencies. All federal, state and local agencies having jurisdiction over the Project.

2. SCOPE OF SERVICES

2.1. Basic Services. Consultant will perform the Scope of Services set forth in the attached PROPOSAL.

2.2. Retention of Third-Party Consultant. The review of the geotechnical aspects of plans and specifications, and the observation and testing of earthwork related construction activities by Consultant are integral elements of the Services where Consultant has been retained to perform a geotechnical engineering investigation and is to remain in the capacity of Geotechnical Engineer-Of-Record through construction of the project. Client shall have the right to retain a party other than Consultant (Third Party Consultant) for review of plans and specifications, and the observation and testing of earthwork related construction activities. In the event that a Third-Party Consultant is retained by Client for those services, Client agrees that they will require the Third-Party Consultant to contractually agree to the assumption of the role of Geotechnical Engineer-Of-Record for the project including all responsibilities and liabilities. Client further agrees to indemnify and hold harmless Consultant, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, employees and agents (collectively “Consultant Entities”) from and against any and all claims, suits, liabilities, damages, expenses (including reasonable attorney’s fees and costs of defense), or other losses related to the geotechnical engineering aspects of the project.

2.3. Optional Services / Additional Services. Consultant’s PROPOSAL may include the performance of optional services as identified in the project-specific proposal (i.e. Environmental Lien Search services, seismic response spectrum) which will require specific written authorization by Client. In the absence of specific authorization to proceed with optional services when listed, said services will not be performed. Client expressly waives any claim against Consultant resulting from its failure to perform Optional or Additional Services recommended to Client that Client has not authorized Consultant to perform, and any claim that Consultant failed to perform services that Client instructs Consultant not to perform.

2.4. Changes in Scope. If Consultant provides Client with a written notice of a change in the PROPOSAL or the Services, it will become an amendment to this Agreement unless Client objects in writing within 5 business days after receipt. All Services performed by Consultant on the Project, whether requested and/or authorized by Client by oral or written communication, are subject to the terms and limitations of this Agreement. If Services are performed, but the parties do not reach agreement concerning modifications to the PROPOSAL, Services or compensation, then the terms and limitations of this Agreement apply to such Services, except for the payment terms. The parties agree to resolve disputes concerning modifications to scope or compensation pursuant to Article 16, “Disputes.”

2.5. Changes in Schedule. Because of the uncertainties inherent in the Services contemplated, time schedules are only estimated schedules and are subject to revision unless otherwise specifically stated in the PROPOSAL.

2.6. Licenses. Consultant will procure and maintain business and professional licenses and registrations necessary to provide its Services.

2.7. Sampling, Inspection & Test Locations, Site Protection. Unless specifically stated otherwise, the Scope of Services does not include surveying the Site or precisely identifying sampling, inspection or test locations, depths or elevations. Sampling, inspection and test locations, depths and elevations will be based on field estimates and information furnished by Client and its representatives. Unless stated otherwise in the report, such locations, depths and elevations are approximate. Consultant will take Item 7.6
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reasonable precautions to limit damage to the Project Site or Work due to the performance of Services, but Client understands that some damage may necessarily occur in the normal course of Services, and this Agreement does not include repair of such damage unless specifically stated in the PROPOSAL.

2.8. Excluded Services. Consultant’s Services under this Agreement include only those Services specified in the PROPOSAL.

2.8.1. General. Client expressly waives any claim against Consultant resulting from its failure to perform recommended additional Services that Client has not authorized Consultant to perform, and any claim that Consultant failed to perform services that Client instructs Consultant not to perform.

2.8.2. Biological Pollutants. Unless identified as the specific subject of the Consultant’s PROPOSAL, Consultant’s Services specifically excludes the investigation, detection, prevention or assessment of the presence of Biological Pollutants. The term “Biological Pollutants” includes, but is not limited to, molds, fungi, spores, bacteria, viruses, and/or any of their byproducts.

Consultant’s PROPOSAL will not include any interpretations, recommendations, findings, or conclusions pertaining to Biological Pollutants. Client agrees that Consultant has no liability for any claims alleging a failure to investigate, detect, prevent, assess, or make recommendations for preventing, controlling, or abating Biological Pollutants. Furthermore, Client agrees to defend, indemnify, and hold harmless Consultant from all claims by any third party concerning Biological Pollutants, except for damages caused by Consultant’s sole negligence.

2.8.3. Hazardous Materials. Unless identified as the specific subject of the Consultant’s PROPOSAL, Consultant’s PROPOSAL specifically excludes the investigation, detection, prevention or assessment of the presence of Hazardous Materials in the air, surface and groundwater, and soil. Consultant’s Services will not include any interpretations, recommendations, findings, or conclusions pertaining to Hazardous Materials. Client agrees that Consultant has no liability for any claims alleging a failure to investigate, detect, prevent, assess, or make recommendations for preventing, controlling, or abating Hazardous Materials.

Furthermore, Client agrees to defend, indemnify, and hold harmless Consultant from all claims by any third party concerning Hazardous Materials, except for damages caused by Consultant’s sole negligence.

Client understands that Consultant’s Services with respect to sampling of soils ,and groundwater if encountered, in the performance of a geotechnical investigation under this Agreement are limited to the geotechnical aspects of the soil and presence or absence of groundwater, and that Consultant has no responsibility to locate, identify, evaluate, treat or otherwise consider or deal with Hazardous Materials. Client recognizes that Consultant’s failure to detect the presence of hazardous materials at a site in the performance of a geotechnical or an environmental investigation, even though Consultant performed its services in accordance with the Standard of Care, does not guarantee that hazardous materials do not exist at the site. Similarly, Client recognizes that Consultant’s subsurface explorations may not encounter hazardous materials at a site, which may later be affected by hazardous materials due to natural phenomena or human intervention. Client recognizes that the state of practice, particularly with respect to contaminated site and materials conditions, is changing and evolving. While Consultant is required to perform in reasonable accordance with the standards in effect at the time the services are performed, it is recognized that those standards may subsequently change because of improvements in the state of practice. Client agrees to waive any claim against Consultant and agrees to defend, indemnify, and hold Consultant harmless from claims or liability for injury or loss arising from Consultant’s failure to detect the presence of hazardous materials through techniques commonly employed for the purpose.

2.9. Construction Phase Services

2.9.1. Scheduling. Client or their designated agent shall cause all required tests and inspections of the site, materials and work performed by their Contractor to be scheduled no less than one full work day prior to the time when Consultant is to perform their scheduled tests or inspections. No claims for loss, damage or injury shall be brought against Consultant by Client or any third party for tests or inspections not performed due to inadequate scheduling notice provided to the Consultant by Client.

2.9.2. Authority of Consultant. Consultant will report observations and data to the Client and the General Contractor. Consultant will report any observed work to the Client or Client’s representative, which, in Consultant’s opinion, does not conform with plans, specifications, and codes applicable to the Project. Consultant has no right or responsibility to approve, accept, reject, or stop work of any agent of the Client. Consultant is not responsible for Contractor’s means, methods, techniques or sequences during the performance of its Work. Consultant will not supervise or direct Contractor’s Work, or be liable for any failure of Contractor to complete its Work in accordance with the Project’s plans, specifications and applicable codes, laws and regulations. Consultant does not warrant or guarantee that all of the Work performed by Contractor meets the requirements of the approved plans and specifications for such Work or the Consultant’s recommendations. Consultant shall not be responsible for job site safety or the evaluating and reporting of job conditions concerning health, safety or welfare. No action of Consultant or Consultant’s representative can be construed as altering any Agreement between the Client and others. Consultant has no right to reject or stop work of any agent of the Client. Such rights are reserved solely for the Client.

2.9.3. Contractor’s Responsibilities. Contractor has sole responsibility for the means, methods, techniques or sequences during the performance of its Work. Client understands and agrees that Contractor, not Consultant, has sole responsibility for completion of the Work in accordance with the approved plans and the building code requirements, and for the safety of persons and property at the Project Site.

2.9.4. Review of Contractor’s Submittals. If included in the Scope of Services, Consultant will review and take appropriate action on the Contractor’s submittals, such as shop drawings, product data, samples, and other required submittals.

Consultant will review such submittals solely for general conformance with Design Consultant’s design, and will not include review for the following, all of which will remain the responsibility of the Contractor: accuracy or completeness of details, quantities or dimensions; construction means, methods, sequences or procedures; coordination among trades; or construction safety.

2.9.5. Site Meetings & Visits. When providing geotechnical engineering services during the construction phase of the project, Consultant will participate in job site meetings as requested by Client, and, unless otherwise requested by Client, visit the site at times specified in the PROPOSAL or, if not specified in the PROPOSAL, at intervals as Consultant deems appropriate to the various stages of construction to observe the geotechnical conditions encountered by Contractor and the progress and quality of the geotechnical aspects of the Work. Based on information obtained during such visits and on such observations, Consultant may inform Client of the progress of the geotechnical aspects of the Work. Client understands that Consultant may not Item 7.6
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be on site continuously; and, unless expressly agreed otherwise, Consultant will not observe all of the Work. Consultant will report any observed geotechnical related Work to the Client which, in Consultant’s professional opinion, does not conform with plans and specifications.

2.9.6. Variation of Material Characteristics and Conditions. Observations and standardized sampling, inspection and testing procedures employed by Consultant will indicate conditions of materials and construction activities only at the precise location and time where and when Services were performed. Client recognizes that conditions of materials and construction activities at other locations may vary from those measured or observed, and that conditions at one location and time do not necessarily indicate the conditions of apparently identical material(s) at other locations and times. Services of Consultant, even if performed on a continuous basis, should not be interpreted to mean that Consultant is observing, verifying, testing or inspecting all materials on the Project. Consultant is responsible only for those data, interpretations, and recommendations regarding the actual materials and construction activities observed, sampled, inspected or tested, and is not responsible for other parties' interpretations or use of the information developed. Consultant may make certain inferences based upon the information derived from these procedures to formulate professional opinions regarding conditions in other areas.

2.9.7. Tests. Tests performed by Consultant on finished Work or Work in progress are taken intermittently and indicate the general acceptability of the Work on a statistical basis. Consultant’s tests and observations of the Work are not a guarantee of the quality of Work and do not relieve other parties from their responsibility to perform their Work in accordance with applicable plans, specifications and requirements.

2.9.8. Certifications. Client agrees not to require that Consultant execute any certification with regard to Services performed or Work tested and/or observed under this Agreement unless: 1) Consultant believes that it has performed sufficient Services to provide a sufficient basis to issue the certification; 2) Consultant believes that the Services performed or Work tested and/or observed meet the criteria of the certification; and 3) Consultant has reviewed and approved in writing the exact form of such certification prior to execution of this Agreement. Any certification by Consultant is limited to an expression of professional opinion based upon the Services performed by Consultant, and does not constitute a warranty or guarantee, either express or implied.

2.10. Final Report. At the conclusion of Construction Phase Services, Consultant will provide Client with a written report summarizing the tests and observations, if any, made by Consultant. Issuance of the Final Report is contingent on payment in full by Client for all undisputed services provide by Consultant.

3. PAYMENTS TO CONSULTANT

3.1. Basic Services. Consultant will perform Services on either a Lump Sum/Fixed Fee or Time-and-Materials/Time-andExpense basis as identified in the PROPOSAL.

3.2. Additional Services. Any additional services performed under this Agreement, including increased hours or units for those services expressly identified in the PROPOSAL, and any additionally requested inspection and/or testing tasks, will be provided on a Time-and-Materials basis at the rates established for the project, above and beyond any prior quoted estimate, not-to-exceed or lump sum fee unless otherwise specifically agreed to in writing by both parties.

3.3. Estimate of Fees. Consultant will, to the best of its ability, perform the Services and accomplish the objectives defined in this Agreement within any written cost estimate provided by Consultant. Client recognizes that changes in scope and schedule, and unforeseen circumstances can all influence the successful completion of Services within the estimated cost. In particular, construction materials testing and inspection or observation services are highly dependent on contractors’ schedules, weather, overlapping of work and many other factors. Client recognizes that changes in scope and schedule, and unforeseen circumstances, Contractor performance and production of the Work can all influence the successful completion of Services within the estimated cost. The provision of an estimate of fees or a cost estimate is not a guarantee that the Services will be completed for that amount; Consultant’s Services shall continue on a time and expense basis to completion of the required Services unless directed otherwise by Client.

Furthermore, where a provision of a “not to exceed” limitation is included in the proposal it is not a guarantee that the Services will be completed for that amount; rather, it indicates that Consultant will not incur fees and expenses chargeable to Client in excess of the “not to exceed” limitation amount without notifying Client in writing that the “not-to-exceed” amount has been reached and that Services will continue on a Time-and-Materials basis unless directed by Client to discontinue any further Services.

3.4. Rates. Client will pay Consultant at the rates set forth in the PROPOSAL, and absent any project-specific rates, in accordance with Consultant’s annual Fee Schedule. Rates presented in the Fee Schedule and those presented in project-specific proposals shall be considered to be the Standard Rates. Rates are subject to annual cost of living adjustment.

3.5. Basis of Charges for Construction Phase Services.

3.5.1. Billing Increments. A four (4) hour minimum, portal to portal charge per call, applies to all Consultants services. Services beyond the initial minimum billing increment will be billed in increments of four (4) hours for the first 8 hours and at increments of one hour thereafter for each day’s Services for each assigned technician, unless modified in a project-specific proposal.

3.5.2. Billing Rate Premiums For Services in Northern California. Services initiated between the hours of 4:00 a.m. and 2:00 p.m. will be performed at the standard rates presented in the PROPOSAL and annual fee schedule with inclusion of rate premiums for weekends and holidays. Services initiated outside of these hours will be billed at the appropriate rate plus a shift differential premium of fifteen (15) percent.

3.5.3. Billing Rate Premiums For Services in Southern California. Services provided before 6:00 a.m. and after 5:00 p.m. on weekdays are subject to overtime rates.

3.5.4. Billing Rate Premiums - Overtime. Services rendered in excess of 8 hours on any weekday (excluding holidays) and up to 8 hours on Saturdays will be billed at one and one-half times (x 1.5) the standard hourly rate. Services rendered in excess of 12 hours on any weekday, in excess of 8 hours on a Saturday, on Sundays or holidays will be billed at double (x 2) the standard rate.

3.5.5. Late Cancellation. All cancellations without at least 4 hour notice of cancellation will be subject to the minimum charge per technician per day canceled. Notice of cancellation must be received by our office during our office hours of 8:00 am to 4:00 pm Monday through Friday (excluding holidays) and cannot be left on the voice mail system.

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3.6. Changes to Rates. Client and Consultant agree that the rates presented in the PROPOSAL and the Fee Schedule are applicable only through December 31 of the year published for non-prevailing wage projects and through June 30 for California Prevailing wage projects, unless stated otherwise in the PROPOSAL. Rates are subject to periodic review and amendment, as appropriate to reflect Consultant’s then-current fee structure. Unless otherwise provided for in the PROPOSAL, where non-prevailing wage projects are on-going beyond December 31 of the year the services were initiated, the rates presented in the PROPOSAL and Fee Schedule are subject to an annual cost of living adjustment of not less than five percent (5%) or based on the consumer price index for the geographic area where the services are being provided, whichever is greater. Notwithstanding the foregoing, where Prevailing Wage regulations apply, Consultant’s labor rates are subject to revision based on determinations made by the governing agency. Prevailing Wage rates are subject to annual increases effective July 1. Where labor rates are increased during the course of the project, Consultant’s billing rates presented in the PROPOSAL and the Fee Schedule shall be increased proportionally with respect to any mandated labor and/or employer payments rate increases unless otherwise stipulated in the PROPOSAL. In the event that the cost of fuel increases 10 percent or more over the course of the project a fuel surcharge may be imposed to recoup the added costs incurred by Consultant. Consultant will give Client at least 30 days advance notice of any changes. Unless Client objects in writing to the proposed amended fee structure within 30 days of notification, the amended fee structure will be incorporated into this Agreement and will then supersede any prior fee structure. If Client timely objects to the amended fee structure, and Consultant and Client cannot agree upon a new fee structure within 30 days after notice, Consultant may terminate this Agreement and be compensated as set forth under Article 15, “Termination.”

3.7. Prevailing Wage. The rates presented in the PROPOSAL and Fee Schedule are not applicable for projects where Prevailing Wage or other collective bargaining labor and benefits rates apply unless so specifically stated. Unless Client specifically informs Consultant in writing at the time of request for a proposal or services that prevailing wage regulations apply to the Project and Consultant confirms the inclusion of Prevailing Wage rates in the project-specific proposal, Client will reimburse, defend, indemnify and hold harmless Consultant from and against any liability resulting from a subsequent determination that prevailing wage regulations cover the Project, including but not limited to all added labor costs, administrative costs, fines and attorneys’ fees.

3.8. Expenses. Miscellaneous out-of-pocket charges, drilling permits, parking, air fare, car/equipment rental, mailing, shipping, subcontractor charges, etc., will be charged on a cost plus twenty percent (20%) basis. On remote jobs or at fabrication facilities, subsistence, when not furnished, regulatory file access fees, etc. will be an additional charge.

3.9. Payment Timing; Late Charge. Consultant shall invoice Client periodically, but no more frequently than every two (2) weeks. All invoices are due and payable upon receipt. Upon Consultant’s approval of Client for 30-day payment terms Client shall pay undisputed portions of each progress invoice within thirty (30) days of the date of the invoice. If Client objects to all or any portion of any invoice, Client will so notify Consultant in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and promptly pay when due that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the invoice amounts shall be presumed to be correct and the balance as stated on the invoice shall be paid. Consultant reserves the right to apply payments to Client’s outstanding invoices from oldest to most recent, regardless of project or invoice designation on checks received. All amounts unpaid when due will include a late payment charge from the date of the invoice, at the rate of 2% per month or the highest rate permitted by law on the unpaid balance from the invoice date until the invoice is paid. Payment thereafter will first be applied to accrued late payment charges interest on unpaid undisputed charges and then to the unpaid principal amount. Consultant reserves the right to require payment in full on any and all invoices on Client’s account regardless of project prior to releasing field notes, laboratory test data, photographs, analyses and/or reports. All undisputed amounts due to Consultant by Client shall be paid in full prior to Consultant’s release of final reports or other required forms of certified or verified reports. If the account becomes delinquent, the Client will reimburse Consultant for all time spent and expenses (including fees of any attorney, collection agency, and/or court costs) incurred in connection with collecting any delinquent amount. Consultant shall not be bound by any provision or agreement conditioning Consultant’s right to payment upon payment by a third party. In the event of a legal action for invoice amounts not paid, attorneys’ fees, court costs, and other related expenses shall be paid to the prevailing party. Client’s failure to pay Consultant when due the failure to pay will constitute a substantial failure of Client to perform under this Agreement and Consultant will have the right to stop all current work and withhold letters, reports, or any verbal consultation until the invoice is paid in full. In the event that Client fails to pay Consultant within sixty (60) days after any invoice is rendered, Client agrees that Consultant will have the right to consider the failure to pay Consultant's invoice as a material breach of this Agreement. If the Client requests back-up data or changes to the format of the standard invoice, an administrative fee of $100 per invoice may be charged plus $1 per page of back-up data.

4. STANDARD OF PERFORMANCE; DISCLAIMER OF WARRANTIES

4.1. Standard of Care. Subject to the limitations inherent in the agreed Scope of Services as to the degree of care, the amount of time and expenses to be incurred, and subject to any other limitations contained in this Agreement, Consultant will perform its Services in a manner consistent with the professional standard of care defined as the ordinary and reasonable care usually exercised by other professional consultants providing similar services on the same type of project, in the same geographic locale, under similar circumstances and conditions at the time the Services are performed. No other representation and no warranty or guarantee, express or implied, is included or intended by this Agreement or any report, opinion, document, or other instrument of service.

4.2. Level of Service. Consultant offers different levels of professional consulting services to suit the desires and needs of different clients. Although risk associated with site acquisition or development can never be eliminated, more detailed and extensive investigations yield more information, but at increased cost. Risks associated with construction defects can never be eliminated; however, more detailed and extensive observations, inspections and testing services yield more information, but at increased cost. It is for these reasons that Client must determine the level of Services adequate for its purposes. Client’s issuance of a Work Authorization is confirmation that Client has reviewed the PROPOSAL and has determined that it does not need or want a greater level of Services than that specifically identified in the PROPOSAL.

4.3. No Warranty. Client recognizes the inherent risks connected with property transactions, site development and construction activities, and understands when signing that those risks are not entirely eliminated through the services of Consultant.

Client recognizes that opinions relating to geologic or environmental conditions, including those associated with air, soil and groundwater, are based on limited data and that actual surface and subsurface conditions may vary from those observed at locations where borings, surveys, or explorations are made. Client recognizes that opinions relating to site and structure conditions, including Item 7.6
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but not limited hazardous materials and code compliance, are based on limited data and accessibility, that materials and/or conditions may be obscured by site constraints or building elements, and that actual conditions may vary from those observed during site reconnaissance activities. Client also recognizes that site conditions may change with time, conditions may vary from those encountered at the times when and locations where the data are obtained, despite the use of due professional care. Therefore, in signing this Agreement the Client understands that Consultant is not providing a warranty or assurance as to the surface and subsurface conditions throughout the site, the performance of the structure(s) or the project in general, or strict adherence to approved project plans and building code requirements. Client recognizes and agrees that Consultant’s tests and observations of the site conditions or Work are not a guarantee of the quality of Work and do not relieve other parties from their responsibility to perform their Work in accordance with applicable plans, specifications and requirements. This Agreement neither makes nor intends a warranty or guarantee, express or implied, of any type nor does it create a fiduciary responsibility to Client by Consultant.

5. CLIENT’S RESPONSIBILITIES
In addition to payment for the Services performed under this Agreement, Client agrees to:

5.1. Cooperation. Assist and cooperate with Consultant in any manner necessary and within its ability to facilitate Consultant’s performance under this Agreement.

5.2. Representative. Designate a representative with authority to receive all notices and information pertaining to this Agreement, communicate Client’s policies and decisions, and assist as necessary in matters pertaining to the Project and this Agreement. Client’s representative will be subject to change by written notice.

5.3. Rights of Entry. Provide access to and/or obtain permission for Consultant to enter upon all property, whether or not owned by Client, as required to perform and complete the Services. Consultant will operate with reasonable care to minimize damage to the Project Site(s) and any improvement located thereon. However, Client recognizes that Consultant’s operations and the use of investigative equipment may unavoidably alter conditions or affect the environment at the existing Project Site(s). The cost of repairing such damage will be borne by Client and is not included in the fee unless otherwise stated in the PROPOSAL. If Client desires or requires Consultant to restore the site to its former condition, upon written request Consultant will perform such additional work as is necessary and Client agrees to pay to Consultant the cost thereof.

5.4. Relevant Information. Supply Consultant with all information and documents in Client’s possession or knowledge which are relevant to Consultant’s Services. Client warrants the accuracy of any information supplied by it to Consultant, and acknowledges that Consultant is entitled to rely upon such information without verifying its accuracy. Prior to the commencement of any Services in connection with a specific property, Client will notify Consultant of any known, potential or possible health or safety hazards existing on or near the Project Site, to be tested, including its intended use, chemical composition, relevant MSDS, manufacturers’ specifications and literature, and any previous test results.

5.5. Subsurface Structures. If the Services require invasive subsurface exploratory work, Client will provide Consultant with all information in its possession regarding the location of underground utilities and structures or mark on the property, the location of all subsurface structures, such as pipes, tanks, cables and utilities within the property lines of the Project Site(s), and be responsible for any damage inadvertently caused by Consultant to any such structure or utility not so designated. Consultant is not liable to Client for any losses, damages or claims arising from damage to subterranean structures or utilities that were not correctly shown on plans furnished by Client to Consultant. Client waives any claim against Consultant, and agrees to defend, indemnify and hold Consultant harmless from all claims, suits, losses, costs and expenses, including reasonable attorney’s fees, as a result of personal injury, death or property damage occurring with respect to Consultant’s performance of its work and arising from subsurface or latent conditions or damage to subsurface or latent objects, structures, lines or conduits where the actual or potential presence and location thereof was not revealed to Consultant by Client.

5.6. Project Information. Client agrees to provide Consultant within 5 days after written request, a correct statement of the recorded legal title to the property on which the Project is located and the Client and/or Owner’s interest therein, and the identity and address of any construction lender.

5.7. Notification to Third Party Site Owner. In the event the project site is not owned by Client, Client agrees that it is the Client's responsibility to inform the property owner of the discovery of hazardous materials.

5.8. Monitoring Wells. Client will take custody of all monitoring wells and probes installed during an investigation by Consultant, and will take any and all necessary steps for the proper maintenance, repair or closure of such wells or probes at Client’s expense.

6. CHANGED CONDITIONS
If Consultant discovers conditions or circumstances that it had not contemplated at the commencement of this Agreement or any subsequent proposal or Work Authorization (“Changed Conditions”), Consultant will notify Client in writing of the Changed Conditions. Client and Consultant agree that they will then renegotiate in good faith the terms and conditions of this Agreement or a Work Authorization, as applicable. If Consultant and Client cannot agree upon amended terms and conditions within 30 days after notice, Consultant may terminate this Agreement and be compensated as set forth in Article 15, “Termination.”

7. HAZARDOUS MATERIALS RISK
Client understands that Consultant’s Services under this Agreement are limited to geotechnical engineering and that Consultant has no responsibility to locate, identify, evaluate, treat or otherwise consider or deal with Hazardous Materials. Client is solely responsible for notifying all appropriate federal, state, municipal or other governmental agencies, including the potentially affected public, of the existence of any Hazardous Materials located on or in the Project site, or encountered during the performance of this Agreement.

Client warrants that a reasonable effort to inform Consultant of known or suspected hazardous materials on or near the project site has been made. Hazardous materials may exist at a site where there is no reason to believe they could or should be present.

Consultant and Client agree that the discovery of unanticipated Hazardous Materials constitutes a changed condition under this Agreement mandating a renegotiation of the scope of services or termination of services. Consultant and Client also agree that the discovery of unanticipated hazardous materials may make it necessary for Consultant to take immediate measures to protect health and safety. Client agrees to compensate Consultant for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materials.

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Consultant agrees to notify Client when unanticipated hazardous materials or suspected hazardous materials are encountered.

Client is solely responsible for notifying all appropriate federal, state, municipal or other governmental agencies, and regulatory bodies, including the potentially affected public, of the existence of any Hazardous Materials located on or in the Project site(s), or encountered during the performance of this Agreement. Client also agrees to hold Consultant harmless for any and all consequences of disclosures made by Consultant which are required by governing law. In the event the project site is not owned by Client, Client agrees that it is the Client's responsibility to inform the property owner of the discovery of hazardous materials or suspected hazardous materials.

Notwithstanding any other provision of the Agreement, Client waives any claim against Consultant, and to the maximum extent permitted by law, agrees to defend, indemnify, and save Consultant harmless from any and all claims, liabilities, damages or expenses, including but not limited to delay of the Project, reduction of property value, fear of or actual exposure to or release of toxic or hazardous substances, and any consequential damages of whatever nature, which may arise directly or indirectly as a result of the services provided by Consultant under this Agreement.

Client recognizes that, while necessary for subsurface investigations, commonly used exploration methods, such as drilling borings, pushing probes or excavating trenches, involve an inherent risk. These exploration methods may penetrate through an aquifer of contaminated fluid and serve as a connecting passageway between the contaminated aquifer and an uncontaminated aquifer or groundwater, inducing cross-contamination. While backfilling with grout or by other means, according to the state of practice, is intended to provide a seal against such passageway, it is recognized that such a seal may be imperfect and there is an inherent risk of cross-contamination when drilling borings, pushing probes excavating trenches or implementing other methods of exploration in connection with a contaminated site. Client recognizes that the state of practice, particularly with respect to contaminated site and materials conditions, is changing and evolving. While Consultant is required to perform in reasonable accordance with the standards in effect at the time the services are performed, it is recognized that those standards may subsequently change because of improvements in the state of practice.

All laboratory and field equipment contaminated in performing Consultant’s services will be cleaned at Client's expense.

Contaminated consumables will be disposed of and replaced at Client's expense. Equipment (including tools) which cannot be reasonably decontaminated shall become the property and responsibility of Client. All such equipment shall be delivered to Client or disposed of in a manner similar to that indicated for hazardous samples. Client agrees to pay the fair market value of any such equipment which cannot reasonably be decontaminated.

8. ALLOCATION OF RISK

8.1. Limitation of Liability. The total cumulative liability of Consultant, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, employees and agents (collectively “Consultant Entities”), to Client and its successors, all parties included as additional insured on Consultant’s insurance policies and those parties granted report reliance rights by Consultant and all of their respective shareholders, directors, officers, employees and agents (collectively “Client Entities”) arising from Services under this Agreement, including attorney’s fees due under this Agreement, will not exceed the gross compensation received by Consultant under this Agreement or fifty thousand dollars ($50,000.00), whichever is greater; provided, however, that such liability is further limited as described below. This limitation applies to all lawsuits, claims or actions that allege professional errors or omissions in Consultant’s Services, whether alleged to arise in tort, contract, warranty, or other legal theory. This limit is an aggregate limit with respect to all services on the project, whether provided under this, prior or subsequent agreements, unless modified in writing, agreed to and signed by authorized representatives of the parties. Upon Client’s written request, Consultant and Client may agree to increase the limitation to a greater amount in exchange for a negotiated increase in Consultant’s fee, provided that they amend this Agreement in writing as provided in Article 17. Consultant Entities and Client Entities also agree that the Client Entities will not seek damages in excess of the limitations indirectly through suits with other parties who may join Consultant as a third-party defendant.

8.2. Indemnification. Client will indemnify, defend and hold harmless Consultant, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, employees and agents (collectively “Consultant Indemnitees”) from and against any and all claims, suits, liabilities, damages, expenses (including without limitation reasonable attorney’s fees and costs of defense) or other losses (collectively “Liabilities”) caused or alleged to be caused by the negligence or willful misconduct of Client, its design consultants and contractors, and their respective employees, agents and/or subcontractors. In addition, except to the extent caused solely by Consultant’s negligence, Client waives any claim against Consultant, and to the maximum extent permitted by law, expressly agrees to defend, indemnify and hold harmless Consultant Indemnitees from and against any and all Liabilities, arising from or related to the existence, disposal, release, discharge, treatment or transportation of Hazardous Materials, or the exposure of any person to Hazardous Materials, or the degradation of the environment due to the presence, discharge, disposal, release of or exposure to Hazardous Material.

8.3. Consequential Damages. Neither Client nor Consultant will be liable to the other for any special, consequential, incidental or penal losses or damages of whatever nature including but not limited to losses, damages or claims related to the unavailability of property or facilities, shutdowns or service interruptions, loss of use, loss of profits, loss of revenue, or loss of inventory, or for use charges, cost of capital, or claims of the other party and/or its customers, which may arise directly or indirectly as a result of the Services provided by Consultant under this Agreement.

8.4. Continuing Agreement. The provisions of this Article 8, “Allocation of Risk,” will survive the expiration or termination of this Agreement. If Consultant provides Services to Client that the parties do not confirm through execution of an amendment to this Agreement, the provisions of this Article 8 will apply to such Services as if the parties had executed an amendment.

8.5. No Personal Liability. Client and Consultant intend that Consultant’s Services will not subject Consultant’s individual employees, officers or directors to any personal liability. Therefore, and notwithstanding any other provision of this Agreement, Client agrees as its sole and exclusive remedy to direct or assert any claim, demand or suit only against the business entity identified as “Consultant” on the first page of this Agreement.

9. INSURANCE

9.1. Consultant’s Insurance. Consultant carries Statutory Workers’ Compensation and Employer’s Liability Insurance with limits of $1,000,000 each accident and policy; Commercial General Liability Insurance for bodily injury and property damage with limits of $1,000,000 each occurrence and $2,000,000 general aggregate; Automobile Liability Insurance, including liability for all Item 7.6
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owned, hired and non-owned vehicles with limits of $1,000,000 combined single limit (each accident); and Professional Liability Insurance with limits of $1,000,000 per claim and annual aggregate. Aggregates are per policy, not per project. Certificates of insurance can be furnished upon written request but may not be processed unless accompanied or preceded by a signed agreement.

Waiver of Subrogation Endorsements are not included. Inclusion of waiver of subrogation endorsements, available for commercial general liability and auto liability only will be considered and may be provided for an additional administrative fee. Waivers of subrogation endorsement are not issued for worker’s compensation and professional liability policies. Consultant assumes the risk of damage caused by Consultant’s personnel to Consultant’s supplies and equipment.

9.2. Contractor’s Insurance. Client shall require that all Contractors (including Client when applicable) and subcontractors for the Project to name Consultant as an additional insured under their General Liability and Automobile Liability insurance policies.

Upon request, Client will provide Consultant with certificate(s) of insurance evidencing the existence of the policies required herein.

10. OWNERSHIP AND USE OF DOCUMENTS

10.1. Client Documents. All documents provided by Client will remain the property of Client. Consultant will return all such documents to Client upon request, but may retain file copies of such documents.

10.2. Consultant’s Documents. Unless otherwise agreed in writing, all documents and information prepared by Consultant or obtained by Consultant from any third party in connection with the performance of Services, including, but not limited to, Consultant’s reports, boring logs, maps, field data, field notes, drawings and specifications, laboratory test data and other similar documents (collectively “Documents”) are instruments of professional service, not products, and are the property of Consultant. Consultant has the right, in its sole discretion, to dispose of or retain the Documents. Consultant reserves the right to copyright such documents; however, such copyright is not intended to limit the Client's use of the services provided under this Agreement other than as described below.

10.3. Use of Documents. All Documents prepared by Consultant are solely for use by Client and will not be provided by either party to any other person or entity, other than the project Architect, Structural Engineer, General Contractor and Building Department, without Consultant’s prior written consent. Except as set forth herein, neither Consultant nor Client will disclose, disseminate or otherwise provide such reports or information except as required for the design of the project and completion of Contractor’s Work or the monitoring of the Project by Governmental Agencies.

10.4. Use by Client. Client has the right to reuse the Documents for purposes reasonably connected with the Project for which the Services are provided, including without limitation design and licensing requirements of the Project, subject to any specific reliance or reuse limitations presented in the Document.

10.5. Use by Consultant. Consultant retains the right of ownership with respect to any patentable concepts or copyrightable materials arising from its Services and the right to use the Documents for any purpose.

10.6. Electronic Media. Consultant may agree at Client’s request to provide Documents and information in an electronic format.

Client recognizes that Documents or other information recorded on or transmitted as electronic media are subject to undetectable alteration due to (among other causes) transmission, conversion, media degradation, software error, or human alteration. Accordingly, all Documents and information provided by Consultant in electronic media are for informational purposes only and not as final documentation; the paper original issued by Consultant will remain the final documentation of the Services.

10.7. Unauthorized Reuse. No party other than Client may rely on, and Client will not represent to any other party that it may rely on, Documents without Consultant’s express prior written consent and receipt of additional compensation. Client will not permit disclosure, mention, or communication of, or reference to the Documents in any offering circular, securities offering, loan application, real estate sales documentation, or similar promotional material without Consultant’s express prior written consent. Client waives any and all claims against Consultant resulting in any way from the unauthorized reuse or alteration of Documents by itself or anyone obtaining them through Client. Client will defend, indemnify and hold harmless Consultant from and against any claim, action or proceeding brought by any party claiming to rely upon information or opinions contained in Documents provided to such person or entity, published, disclosed or referred to without Consultant’s prior written consent.

11. SAMPLES AND CUTTINGS

11.1. Sample Retention. If Consultant provides laboratory testing or analytic Services, Consultant will preserve such soil, rock, water, or other samples collected for geotechnical or environmental consulting services as it deems necessary for the Project, but no longer than 30 days after issuance of any Documents that include the data obtained from these samples. All samples shall remain the property of the Client and, in the absence of evidence of contamination, Consultant shall dispose of samples for the Client. All soil and construction materials samples collected during construction phase services will be disposed of or destroyed at the completion of testing unless Consultant is otherwise advised by Client. Samples may be held for up to a thirty (30) day period at Consultant’s discretion or at the Client’s request received in writing before the samples are tested. Client will promptly pay and be responsible for the analytical testing, removal and lawful disposal of all contaminated samples, cuttings, Hazardous Materials, and other hazardous substances. Upon request, Consultant will deliver samples to the Client or will store them for an agreed delivery or storage charge.

11.2. Cuttings. All cuttings, drilling fluid and wash water shall remain the property of the Client, and Client shall be responsible for and promptly pay for the analytical testing, removal and lawful disposal of cuttings, drilling fluids, wash water and hazardous materials, unless otherwise agreed in writing.

12. RELATIONSHIP OF THE PARTIES
Consultant will perform Services under this Agreement as an independent contractor.

13. ASSIGNMENT AND SUBCONTRACTS
During the term of this Agreement and following its expiration or termination for any reason, neither party may assign this Agreement or any right or claim under it, in whole or in part, without the prior written consent of the other party, except for an assignment of proceeds for financing purposes. Any assignment that fails to comply with this paragraph will be void and of no effect. Consultant may subcontract for the services of others without obtaining Client’s consent if Consultant deems it necessary or desirable for others to perform certain Services.

14. SUSPENSION AND DELAYS

14.1. Procedures. Client may, at any time by 10 days written notice suspend performance of all or any part of the Services by Consultant. Consultant may terminate this Agreement if Client suspends Consultant’s Services for more than 60 days and Client will Item 7.6
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pay Consultant as set forth under Article 15, “Termination.” If Client suspends Consultant’s Services, or if Client or others delay Consultant’s Services, Client and Consultant agree to equitably adjust: (1) the time for completion of the Services; and (2) Consultant’s compensation in accordance with Consultant’s then current Fee Schedule for the additional labor, equipment, and other charges associated with maintaining its workforce for Client’s benefit during the delay or suspension, or charges incurred by Consultant for demobilization and subsequent remobilization.

14.2. Liability. Consultant is not liable to Client for any failure to perform or delay in performance due to circumstances beyond Consultant’s control, including but not limited to pollution, contamination, or release of hazardous substances, strikes, lockouts, riots, wars, fires, flood, explosion, “acts of God,” adverse weather conditions, acts of government, labor disputes, delays in transportation or inability to obtain material and equipment in the open market.

15. TERMINATION

15.1. Termination for Convenience. Consultant and Client may terminate this Agreement for convenience upon 30 days written notice delivered or mailed to the other party.

15.2. Termination for Cause. In the event of material breach of this Agreement, the non-breaching party may terminate this Agreement if the breaching party fails to cure the breach within 5 days following delivery of the non-breaching party’s written notice of the breach to the breaching party. The termination notice must state the basis for the termination. The Agreement may not be terminated for cause if the breaching party cures the breach within the 5-day period.

15.3. Payment on Termination. Following termination other than for Consultant’s material breach of this Agreement, Client will pay Consultant for Services performed prior to the termination notice date, and for any necessary Services and expenses incurred in connection with the termination of the Project, including but not limited to, the costs of completing analysis, records and reports necessary to document job status at the time of termination and costs associated with termination of subcontractor contracts in accordance with Consultant’s then current Fee Schedule.

16. DISPUTES

16.1. Informal Negotiation. Any dispute regarding this Agreement shall be attempted to be resolved first by exchange of documents by senior management of the parties, who may be assisted by counsel. The parties may then negotiate directly. If informal negotiation is unsuccessful, the parties may then proceed to Mediation.

16.2. Mediation. In the event that informal negotiation does not resolve a dispute, all disputes between Consultant and Client, except those involving Client’s failure to pay undisputed invoices as provided herein and excluding Consultant’s perfection of any mechanic’s lien, are subject to mediation. Either party may demand mediation by serving a written notice stating the essential nature of the dispute, amount of time or money claimed, and requiring that the matter be mediated within 45 days of service of notice. The mediation shall be administered by the American Arbitration Association or by such other person or organization as the parties may agree upon, in accordance with the rules of the American Arbitration Association.

16.3. Precondition to Other Action. No action or suit, except those involving Client’s failure to pay undisputed invoices as provided herein and excluding Consultant’s perfection of any mechanic’s lien, may be commenced unless the mediation did not occur within 45 days after service of notice; or the mediation occurred but did not resolve the dispute; or a statute of limitation would elapse if suit was not filed prior to 45 days after service of notice. If the matter is referred to arbitration, the arbitration shall be conducted in Fresno County, California. The arbitrator shall be appointed within 60 days of the arbitrators’ receipt of a written request to arbitrate the dispute. The arbitrator shall be authorized to provide all recognizable remedies available in law or equity for any cause of action that is the basis of the arbitration (to the extent such remedy is not otherwise precluded under this Agreement), provided that (i) the arbitrator shall not have the authority to award punitive damages, and (ii) each party shall bear its own costs and attorney’s fees related to the arbitration.

16.4. Choice of Law; Venue. This Agreement will be construed in accordance with and governed by the laws of the state of California. Except for actions, such as for enforcement of mechanic's liens, which are required by statute to be brought in a specific venue, or unless the parties agree otherwise, any mediation or other legal proceeding will occur in Fresno County, California. Client waives the right to have the suit brought, or tried in, or removed to, any other county or judicial jurisdiction. The prevailing party will be entitled to recovery of all reasonable costs incurred, including court costs, reasonable attorney's fees, and other claim related direct expenses.

16.5. Statutes of Limitations. Any applicable statute of limitations will be deemed to commence running on the earlier of the date of substantial completion of Consultant’s Services under this Agreement or the date on which claimant knew, or should have known, of facts giving rise to its claims.

17. MISCELLANEOUS

17.1. Notices. Any and all notices, requests, instructions, or other communications given by either party to the other for purposes of requesting services, project scope and fee proposals, or authorizing Services must be in writing and delivered by email, hand delivered to the recipient or delivered by first-class mail to the local Krazan office that will provide services or to the Corporate addresses listed below.

Any and all notices, requests, instructions, or other communications given by either party to the other for purposes other than requesting services, project scope and fee proposals, or Services authorization, must be in writing and delivered by email, USPS first-class mail with return receipt (postage prepaid) or recognized courier with tracking and signature required for delivery and addressed to the following:

To Consultant: To Client:

Krazan & Associates, Inc. _______________________________________ 215 West Dakota Avenue _______________________________________ Clovis, California 93612 _______________________________________ Attn: Mr. Dave Jarosz _______________________________________ [email protected] _______________________________________ Item 7.6
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Either Party may, at any time, designate a new or different address to which notices are to be sent.

Any notice shall be deemed delivered as of the time that the same is personally delivered or as of the date of signature confirming receipt by the recipient.

17.2. Headings. The headings used in this Agreement are for convenience only and are not a part of this Agreement.

17.3. Waiver. The waiver of any term, conditions or breach of this Agreement will not operate as a subsequent waiver of the same term, condition, or breach. One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver of any other term, condition or covenant.

17.4. Integration and Severability. This Agreement reflects the entire agreement of the parties with respect to its terms and conditions, and supersedes all prior agreements, whether written or oral. If any portion of this Agreement is void or voidable, such portion will be deemed stricken and the Agreement reformed to as closely approximate the stricken portions as the law allows. If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired.

17.5. Modification of This Agreement. This Agreement may not be modified or altered, except by a written agreement signed by authorized representatives of both parties and referring specifically to this Agreement. No person other than a corporate officer (President, Vice President, or Chief Financial Officer) of Client is authorized to amend, change, modify, or waive any term or provision of this Agreement.

17.6. Survival. These terms and conditions survive the completion of the Services and/or the termination of this Agreement, whether for cause or for convenience.

17.7. Warranty Of Authority To Sign, Personal Guarantee. The person signing this contract warrants that he/she has authority to sign on the behalf of the Client for whose benefit Consultant’s services are rendered. If such person does not have such authority, he/she agrees that he/she is personally liable for obligations under this Agreement and all breaches of this contract and that in any action against him/her for breach of such warranty, reasonable attorney’s fees shall be included in any judgment rendered.

Further, if Client fails to perform and is in breach of this Agreement the person signing this Agreement agrees that he/she is personally liable for obligations under this Agreement and all breaches of this contract and that in any action against him/her for breach of such warranty, reasonable attorney’s fees shall be included in any judgment rendered.

17.8. Precedence. These Terms and Conditions take precedence over any inconsistent or contradictory provisions contained in any other agreement term, proposal, Purchase Order, Requisition, Notice To Proceed, or other document regarding Consultant’s Services.

17.9. Incorporation of Provisions Required By Law. Each provision and clause required by law to be inserted in this Agreement is included herein, and the Agreement should be read and enforced as though each were set forth in its entirety herein.

17.10. Electronic Copies. The Parties agree that a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties hereto shall be deemed an original and may be introduced or submitted in any action or proceeding as competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce or tender an original, executed counterpart of this Agreement and without the requirement that the unavailability of such original, executed counterpart of this Agreement first be proven. This Agreement may be executed in two or more counterparts, each of which will be considered an original, but all of which together will constitute one and the same instrument.

17.11. No Third-Party Rights. This Agreement shall not create any rights or benefits to parties other than Client and Consultant.

18. ENTIRE AGREEMENT
This Agreement between the parties consists of these Terms and Conditions, the PROPOSAL by the Consultant, and any exhibits or attachments noted in the PROPOSAL is intended by the parties to be the full and final expression of their agreement with respect to the Services to be performed in connection with this Agreement, unless modified in writing and agreed to by both parties in an amendment to this Agreement. Together, these elements will constitute the entire Agreement superseding any and all prior negotiations, correspondence, or agreements either written or oral.

The Parties have read the foregoing, understand completely the terms, and willingly enter into this Agreement. This Agreement was developed to be fair and reasonable to both parties. The terms of this Agreement will prevail over any different or additional terms in Client’s purchase order or other forms provided by Client to Consultant as part of the authorization process unless agreed in writing by Consultant. Any terms and conditions referenced or included in, or attached to, a Purchase Order or any other form of authorization issued by Client prior to or subsequent to Client’s executing this Agreement shall be without force or effect. The parties acknowledge that there has been an opportunity to negotiate the terms and conditions of this Agreement and agree to be bound accordingly. Consultant’s acceptance of this Agreement is pending credit review and a retainer fee may be required.

Client: City of Livingston Consultant: KRAZAN & ASSOCIATES Signature Date Signature Date
Name (Please Print) Name (Please Print)
Title Title
Item 7.6
August 27, 2025 TES No. GP25-176AP
Revised September 16, 2025
Mr. Jose Antonio Ramirez
City of Livingston
1416 C Street
Livingston, California 95334
Phone: 209.394.8041
Project: Proposed TCP Treatment Improvements
Arakelian Park, Well 18, and Well 8
Livingston, California
Subject: Proposal for Geotechnical Investigation Report Dear Mr. Ramirez,
TECHNICON Engineering Services, Inc. (TECHNICON) is pleased to submit this proposal to provide geotechnical engineering services for the above-mentioned project in Livingston, California. This proposal outlines our understanding of the proposed project, describes our proposed scope of services, provides our estimate for the cost of service, and details the limitations of our work.

GENERAL INFORMATION
The project involves improvements at three separate locations within the City of Livingston:

Arakelian Park, Well No. 18, and Well No. 8. The following describes the proposed improvements at each location.

Arakelian Park:
• 1-Million Gallon Treated Water Reservoir, partially buried • Twelve (12) GAC Filters
• Electrical and Chemical Building
• Diesel Generator
• Miscellaneous Treatment System Improvements
Well No. 18:
• New Test Well No. 18
• Well Building
• Access Road
Well No. 8:
• 1.5 Million Gallon Treated Water Reservoir Tank
• Four (4) GAC Filters
• Miscellaneous Treatment System Improvements
Item 7.6
Proposal for Geotechnical Investigation Report TES No. GP25-176A TCP Treatment Improvements, Arakelian Park, Well 18 and Well 8, Livingston, California Page 2 The proposed improvements are anticipated to be supported on conventional shallow foundations, concrete mat/slab, and reinforced concrete ringwall foundations. Appurtenant improvements are anticipated to include asphalt concrete pavements, underground utilities, and concrete hardscape. Cut and fill elevations are anticipated to be minimal, 1 to 2 feet, to achieve level building pads and positive site drainage.

PURPOSE AND SCOPE OF SERVICES
The purpose of the proposed investigation is to explore the subsurface soil conditions around the tank to evaluate the current state of the foundation soils and the potential for the soils to settle under the estimated tank loads. To achieve the objective, we propose the following scope of services:

Arakelian Park:

We will drill three (3) borings within the locations of the proposed improvements. Test borings will be drilled with a truck-mounted drill rig to depths of approximately 20, 30, and 50 feet below ground surface. Relatively undisturbed and disturbed samples will be collected for laboratory testing. Additionally, we will collect one (1) bulk sample of the near surface soils within the proposed pavement areas for R-value testing.

Well No. 18:

We will drill two (2) borings within the locations of the proposed improvements. Test borings will be drilled with a truck-mounted drill rig to depths of approximately 15 and 20 feet below ground surface. Relatively undisturbed and disturbed samples will be collected for laboratory testing.

Additionally, we will collect one (1) bulk sample of the near surface soils within the proposed pavement areas for R-value testing.

Well No. 8:

All Sites:

We will perform laboratory tests to determine pertinent engineering and index properties of the soils removed from the site. These tests may include moisture content, dry density, collapse potential, consolidation, etc.

We will present the collected data in an engineering report containing our findings, evaluation, and conclusions regarding the relative density and moisture of the subgrade soils and the potential for settlement based on estimated loads. Our professional services would be performed, and our findings obtained in accordance with generally accepted geotechnical engineering principles and practices.

Item 7.6
Proposal for Geotechnical Investigation Report TES No. GP25-176A TCP Treatment Improvements, Arakelian Park, Well 18 and Well 8, Livingston, California Page 3 Based on our current workload we can schedule and complete the field investigation in approximately 3 to 4 weeks, weather and site conditions permitting. The report will be completed within 5 to 6 weeks upon the completion of fieldwork.

ESTIMATE OF SERVICES
The estimated cost to provide the above-mentioned investigation as outlined is $5,770.00. A breakdown of the estimate fee is provided below.

FEE ESTIMATE
Task Unit Unit Cost Total Unit
Cost
Notification of USA/Mark Boring Locations 6 Hours $105/Hour $2,640.00 Arakelian Park
Drill Rig Mobilization/Onsite 8 Hours $350/Hour $2,800.00 Drill Rig Overtime 2 Hours $525/Hour $1,050.00
Field Engineer 8 Hours $165/Hour $1,320.00
Field Engineer Overtime 2 Hours $247.5/Hour $495.00
Direct Shear Test 2 Each $250/Each $500.00
R-value Test 1 Each $300/Each $300.00
Std. Geotechnical Lab Tests (Sieve, Moisture, etc.) Lump Sum $500/LS $500.00 Project Management/Engineering/Letter Lump Sum $1,000/LS $1,000.00 Subtotal for Arakelian Park $7,965.00
Well No. 18
Drill Rig Mobilization/Onsite 5 Hours $350/Hour $1,750.00 Field Engineer 5 Hours $165/Hour $825.00
Direct Shear Test 1 Each $250/Each $500.00
R-value Test 1 Each $300/Each $300.00
Std. Geotechnical Lab Tests (Sieve, Moisture, etc.) Lump Sum $300/LS $300.00 Project Management/Engineering/Letter Lump Sum $1,000/LS $1,000.00 Subtotal for Well No. 18 $4,675.00
Well No. 8
Drill Rig Mobilization/Onsite 8 Hours $350/Hour $2,800.00 Drill Rig Overtime 2 Hours $525/Hour $1,050.00
Field Engineer 8 Hours $165/Hour $1,320.00
Field Engineer Overtime 2 Hours $247.5/Hour $495.00
Direct Shear Test 2 Each $250/Each $500.00
R-value Test 1 Each $300/Each $300.00
Std. Geotechnical Lab Tests (Sieve, Moisture, etc.) Lump Sum $500/LS $500.00 Project Management/Engineering/Letter Lump Sum $1,000/LS $1,000.00 Subtotal for Well No. 8 $7,965.00
Total Estimated Fee for Geotechnical Investigation Report $23,245.00 Item 7.6
Proposal for Geotechnical Investigation Report TES No. GP25-176A TCP Treatment Improvements, Arakelian Park, Well 18 and Well 8, Livingston, California Page 4 The fees above include prevailing wages for the driller and driller helper. If this project does not qualify for prevailing wages, a revised cost estimate can be provided. If there are any questions or concerns regarding the proposed services and associated fees, please do not hesitate to contact TECHNICON at your earliest convenience. TECHNICON strives to satisfy our client’s needs and meet their expectations. Consequently, we will make every effort to accommodate requested changes in our understanding of the project, assumptions, scope or services, and fees, as appropriate.

LIMITATIONS OF PROPOSAL
This proposal assumes that access around the property will be provided. Time spent to gain access (standby) to the residence/property will be billed on a time and materials basis over and above the budgeted amount. TECHNICON will be exploring the near surface of the site to a depth of 10 feet. No liability will be assumed by TECHNICON for damage to underground facilities, landscaping, or other improvements. The owner will be responsible for providing access and moving any landscaping, furniture, and floor coverings for TECHNICON to access the necessary locations.

CLOSING
We appreciate the opportunity to present our proposal. If you should have any questions or comments, or require additional information, please contact me at (559) 276-9311.

Sincerely,
TECHNICON Engineering Services, Inc.

Adam AhTye, PE
Geotechnical Engineering Manager
AA:km
Accepted by:

City of Livingston /Authorized Representative
Signature
/
Title Date
Item 7.6
Proposal for Geotechnical Investigation Report TES No. GP25-176A TCP Treatment Improvements, Arakelian Park, Well 18 and Well 8, Livingston, California Page 5 CONSULTING Page 1 of 2
CONTRACT TERMS AND CONDITIONS (REV 1/2025)

I SCOPE
Consultant (TECHNICON) agrees to perform the services described in the proposal which incorporates these terms and conditions. Unless modified in writing by the parties hereto, the duties of Consultant shall not be construed to exceed those services specifically set forth in the proposal. The proposal and these terms and conditions, when executed by Client, shall constitute a binding agreement on both parties.

II COMPENSATION
Client agrees to pay for the described services in accordance with the compensation provisions in the proposal. Unless otherwise specified in the proposal, payment to Consultant will be made within 30 days of the date of billing; interest on the unpaid balance will accrue beginning on the 31st day at that rate of 2 percent per month or the maximum interest rate permitted by law, whichever is less. Such interest is due and payable when the overdue payment is made. Client agrees that periodic billings from Consultant to client are correct, conclusive, and binding on client unless Client, within ten (10) calendar days from the receipt of such billing, notifies Consultant in writing of alleged inaccuracies, discrepancies, or errors in the billing. Client agrees that if Client requests services not specified pursuant to the scope of services description within this agreement, Client agrees to pay for all such additional services as extra work in accordance with the project fee schedule.

III RESPONSIBILITY
Consultant is employed to render a professional service only, and any payments made by Client are compensation solely for such services rendered and recommendations made in carrying out the work. Consultant shall follow the practice of the engineering profession to make findings, provide opinions, make factual presentations, and provide professional advice and recommendations. Consultant shall only act as an advisor in all governmental relations. In performing the services under this contract, Consultant shall act as agent of Client. Consultant's review or supervision of work prepared or performed by other individuals or firms employed by Client shall not relieve those individuals or firms of complete responsibility for the adequacy of their work.

It is understood that any resident engineering or inspection provided by Consultant is for the purpose of determining compliance with the technical provisions of the project specifications and does not constitute any form of guarantee or insurance with respect to the performance of a contractor. Consultant does not assume responsibility for methods or appliance used by a contractor, for safety of construction work, or for compliance by contractors with laws and regulations.

IV SCOPE OF CLIENT SERVICES
Client agrees to cooperate with Consultant in every way on the project, including but not limited to:

1. Coordinate with tenants for access to sampling locations.

2. Provide all available information on past history and operations at the site.

3. Provide all available information on the location of all underground tanks, piping, and utilities at the site.

Client agrees not to use or permit any other person to use plans, drawings, or other work products prepared by Consultant, which plans, drawings, or other work products are not final and which are not signed and stamped or sealed by Consultant. Client agrees to be liable and responsible for any such use of not final plans, drawings, and other work products not signed and stamped or sealed by Consultants and waives liability against Consultant for their use. Client further agrees that final plans, drawings, or other work product are for the exclusive use of Client and may be used by Client only for the project described on the face hereof. Such final plans, drawings or other work products may not be changed nor used on a different project without the written authorization or approval Consultant.

V INDEMNIFICATION
Consultant agrees to indemnify, and hold Client harmless from liability arising out of the sole negligent errors or sole negligent omissions of Consultant, its agents, employees, officers, directors, or representatives in the performance of Consultant's duties under this Agreement Consultant's liability shall be limited to the actual loss sustained, but in no event shall it exceed the limits of Consultant's insurance policies in force at the time of this work. Such negligence shall be measured by standards in effect at that time services are rendered, not by later standards. Client may not assert any claim against Consultant after the shorter of: (1) 3 years from substantial completion of services giving rise to the claim; or (2) the statute of limitation provided by law. Client acknowledges Consultant will perform part of the work at facilities that may contain hazardous materials or conditions, and that Consultant had no prior role in the generation, treatment, storage, or disposition of any hazardous materials or conditions that may be encountered at the site. In consideration of the associated risks that may give rise to claims by third parties or employees of Client, Client agrees to indemnify, defend and hold Consultant harmless (including attorney's fees) from any and all losses, damages, claims, or actions brought by any third party or employee of Client against Consultant or Consultant's employees, agents, officers, or directors, in any way arising out of the presence of hazardous materials at the site, except for claims shown by final judgment to arise out of the sole negligence of Consultant.

Item 7.6
Proposal for Geotechnical Investigation Report TES No. GP25-176A TCP Treatment Improvements, Arakelian Park, Well 18 and Well 8, Livingston, California Page 6 CONSULTING Page 2 of 2
CONTRACT TERMS AND CONDITIONS (REV 1/2025)

VI SUBCONTRACTS
Consultants shall be entitled, to the extent determined appropriate by Consultant to subcontract any portion of the work to be performed under this project.

VII ASSIGNMENT
This agreement is binding on the heirs, successors, and assigns of the parties hereto. The Agreement is not to be assigned by either Client or Consultant without the prior written consent of the other.

VIII INTEGRATION
These terms and conditions and the letter agreement to which they are attached represent the entire understanding of Client and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. The Agreement may not be modified or altered except in writing signed by both parties.

IX JURISDICTION
This agreement shall be administered and interpreted under the laws of the state of California. Jurisdiction of litigation arising from the agreement shall be in that state. If any part of the agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall be in full force and effect.

X PROJECT DELAY
Client agrees that Consultant is not responsible for delays caused by activities or factors beyond Consultant's reasonable control, including but not limited to, delays by reason of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of Client to furnish timely information or approve or disapprove Consultant's work promptly, faulty performance by Client or other contractors or governmental agencies.

When such delays beyond Consultant's reasonable control occur, Client agrees consultant is not responsible for damages nor shall Consultant be deemed to be in fault of this agreement.

Client also agrees that Consultant shall not be liable for damages resulting from the actions or inactions of governmental agencies including, but not limited to, permit processing, environmental impact reports, general plans and amendments thereto, zoning matters, annexations or consolidation, use or conditional use permits, project or plan approvals, and building permits.

XI SUSPENSION OF WORK
Client may suspend, in writing, all or a portion of the work under the Agreement in the event unforeseen circumstances beyond the control of the Client make normal progress in the performance of the work impossible. Consultant may request that the work be suspended by notifying Client, in writing, of circumstances that are interfering with normal progress of the work. Consultant may suspend work on the project in the event Client does not pay invoices within 30 days of the date of billing. If Client fails to pay Consultant within 30 days after invoices are rendered, Client agrees Consultant shall have the right to consider such default in payment a material breach of this entire agreement, and, upon written notice, the duties, obligations, and responsibilities of Consultant under this agreement are terminated. The time for completion of the work shall be extended by the number of days the work is suspended. In the event that the period of suspension exceeds 90 days, the terms of the agreement are subject to renegotiation and both parties are granted the option to terminate work on the suspended portion of the project, in accordance with Article XII.

XII TERMINATION OF WORK
Client or Consultant may terminate all or a portion of the work covered by the Agreement for its convenience. Either party may terminate work in the event the other party fails to perform in accordance with the provisions of the Agreement by giving 15 days prior written notice from the party initiating termination to the other. Notice of termination shall be by certified mail with return receipt to sender. In such event, Client shall promptly pay consultant for all fees, charges, and services provided by Consultant.

XIII ARBITRATION
All claims, disputes, and other matters in question between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof, which are not disposed by mutual agreement of the parties, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association (AAA). No arbitration arising out of or relating to this Agreement shall include, by consolidation, joiner, or in any other manner, any additional person not a party to this Agreement except by written consent containing a specific reference to this Agreement and signed by the parties hereto and such persons to be joined. This agreement to arbitrate and any agreement to arbitrate with an additional person or persons shall be specifically enforceable under prevailing arbitration law. Notice of demand for arbitration shall be filed in writing with the parties to this Agreement and with the AAA within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when the institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final, and judgment may be entered in accordance with applicable law in any court having jurisdiction thereof.

Item 7.6
4729 W. Jacquelyn Avenue
Fresno, California 93722
(559) 271-9700 Office
(559) 275-0827 Fax
LOS ANGELES • SAN JOSE • FRESNO • STOCKTON • BAKERSFIELD DALLAS • SEATTLE • DENVER
August 28, 2025 Proposal P1-225-0080
Mr. Jose Antonio Ramirez, City Manager
City of Livingston
1416 C Street
Livingston, California 95334 phone 209-394-8041
SUBJECT: PROPOSAL AND ESTIMATE OF FEES

GEOTECHNICAL ENGINEERING INVESTIGATION
1, 2, 3 TCP TREATMENT SYSTEM IMPROVEMENT PROJECT
THREE (3) TREATMENT SITES

CITY OF LIVINGSTON

LIVINGSTON, CALIFORNIA
Dear Mr. Ramirez:

SALEM Engineering Group, Inc. (SALEM) is pleased to submit this Proposal and Estimate of Fees to conduct a Geotechnical Engineering Investigation for the proposed improvements of existing well and treatment sites, and development of a future well site at three (3) sites, in Livingston, California. The following sections present a brief description of our understanding of the proposed project, the project objectives, our proposed scope of services, and our cost estimate to complete the work. It is our understanding this project is subject to California Prevailing Wage laws.

1.0 PROJECT DESCRIPTION
Our understanding of the project is based on your request for proposal (email dated January 21, 2025), including site plans prepared by Gouveia Engineering, Inc. The three (3) treatment sites are Well #8 Expansion, Arakelian Park, and Well #18 at Lucero Park. The geotechnical engineering scope included in this proposal addresses the following proposed improvements:

Well #8 Expansion: 1.5 million gallon treated water reservoir tank (100’ diameter by 27’ height), booster pump station, flow meter vault, restroom, and a future expansion tank/filter area. Site coordinates:
(37.392938, -120.719817)
Arakelian Park: 1 million gallon treated water reservoir tank (120’ length by 70’ width), GAC filters, flow meter vault, chlorine injection vault, electrical and chemical building, catch basin, and diesel generator.

Site address: 915 J Street, Livingston, CA
Well #18 at Lucero Park: Test well #18, well building, perimeter fencing or block wall, and well site access road. Site address: 801 Celia Drive, Livingston, CA Grading is expected to be minimal. We anticipate cuts and fills during earthwork of up to about 1 to 2 feet to provide level building pads and positive site drainage.

2.0 PURPOSE AND SCOPE
Item 7.6
Proposal No. P1-225-0080
August 28, 2025
Page No. 2
The purpose of this investigation is to conduct a field exploration program and laboratory analyses of soil samples, evaluate the subsurface conditions encountered during field exploration, and to provide a geotechnical engineering investigation report.

The scope of our investigation includes a program of drilling test borings, conducting laboratory testing, engineering evaluation, and report preparation.

2.1 Field Exploration
Based on the site plans and information provided, the following test borings are proposed:

Well #8 Expansion: One (1) boring to 100 feet BSG in the 1.5 million gallon treated water tank area, and one (1) boring to 20 feet BSG in the future expansion tank/filter area.

Arakelian Park: Two (2) borings to 50 feet BSG in the 1 million gallon treated water reservoir area, and two (2) borings to 20-30 feet BSG in the GAC filters pad(s) area.

Well #18 at Lucero Park: One (1) boring to 30 feet BSG in the well building area, and one (1) boring to 5 feet BSG in the access road area.

The borings will be drilled to the proposed depths, or practical refusal, whichever is encountered first.

Drilling and soil sampling will be performed under the direction of a Geotechnical Engineer or Engineering Geologist.

Soil sampling will be conducted in accordance with standard procedures wherein split spoon samples or other drive barrel samples are obtained in subsurface soils. Disturbed samples will be obtained from the auger cuttings. Three (3) samples are typically obtained in the top 10 feet, and one sample is generally obtained every 5 feet for the remaining depth of the boring. Soils within the upper 10 feet are typically sampled using a California Modified ring sampler for evaluation of in-situ density, moisture content, and collapsible/expansive soils, if encountered. Soil samples will be visually classified in general accordance with the Unified Soil Classification System (USCS).

Hollow-Stem or Solid Flight augers will be utilized to perform the exploratory drilling. Drilling and soil sampling will be performed in accordance with ASTM D1586 and D1587. Soil borings will permitted in accordance with Merced County requirements and backfilled with neat cement grout. Excess cuttings will be spread in open areas at the site.

Prior to drilling, SALEM will contact local utility companies by contacting Underground Service Alert (USA). SALEM will meet with authorized representatives on site (if requested) to identify where the planned drilling is to occur. Subsurface utilities in the vicinity of the proposed test borings must be located and marked prior to the commencement of the proposed field exploration. SALEM will practice due diligence prior to fieldwork and notify all required/relevant personnel and organizations, but cannot be held responsible for damage caused to utilities that are not identified prior to commencement of the proposed field exploration. Prior to demobilizing from the site, SALEM will notify the client of any adverse conditions encountered, and will be prepared to perform additional testing, if requested.

2.2 Laboratory Testing
Item 7.6
Proposal No. P1-225-0080
August 28, 2025
Page No. 3
The laboratory-testing program incorporates physical tests for soil classification, determination of soil strength, compressibility and corrosion potential in accordance with applicable ASTM standards. Standard laboratory testing includes:
 In-Situ Moisture and Density
 Intact or Remolded Shear Strength
 Consolidation
 Soil Corrosion: Soluble Sulfates, Chlorides, pH, Resistivity  Sieve Analysis
 Atterberg Limit (if warranted)
 Expansion Index (if warranted)
 R-value

2.3 Geotechnical Evaluation
Based on the results of the field exploration and laboratory-testing program, engineering analyses will be conducted to evaluate site conditions and present recommendations for site preparation procedures for the proposed buildings, flatwork, and pavements, and foundation design recommendations for the buildings, bleachers, and lighting. A separate report will be prepared for each school site and will include:
 Site Location and Description
 Site Plan with Test Boring Locations
 Logs of Test Borings
 General Geologic Conditions
 Liquefaction Evaluation and Estimate of Magnitude of Potential Seismic-Induced Settlement  Results of Laboratory Tests
 Soil and Groundwater Depth Conditions
 Site Preparation Procedures
 Standards for Engineered Fill
 Surface Drainage Control Recommendations
 Foundation Design Parameters (Allowable bearing capacity, frictional resistance)  Anticipated Static and Seismic Settlements for Design  Passive Active and At-rest Soil Pressures
 Recommendations for Slabs on Grade
 Estimates of Structural Settlement & Coefficient of Friction  Lateral Earth Pressures and Recommended Factors of Safety  Seismic Design Criteria per 2022 CBC*
 Results of Corrosion Soil-Borne Sulfate Testing
 Utility Pipe Bedding and Backfilling Recommendations
 Pavement Design for Parking Lots, Track, and Tennis Courts based on R-value Testing  Recommendations for Handling Groundwater Problems (if any)  Recommendations for Construction Observations and Testing * Does not include a site specific ground motion analysis. It is assumed the planned construction will satisfy, and the structural engineer will utilize, code exemptions outlined in ASCE 7-16 section 11.4.8.

Item 7.6
Proposal No. P1-225-0080
August 28, 2025
Page No. 4

3.0 SCHEDULE AND FEES

3.1 Schedule
We will mobilize for this project to mark the boring locations for Underground Service Alert within a few days of your authorization to proceed. We anticipate that the fieldwork will take one or two days per site to complete, provided no delays are experienced due to access difficulties or weather. Laboratory testing can be completed within approximately 5 to 10 working days following completion of the field work. Based on the aforementioned schedule, we anticipate that a draft report will be submitted to you within about 15 working days of field work completion. To expedite your design effort, verbal design recommendations can be made as data become available.

3.2 Fee Estimate
Task 1 # 8 Well Expansion FEE
Geotechnical Engineering Investigation/Report-Well #8 Expansion $ 7,550 Merced County Well/Boring Permit $ 400
Grout Backfill (required by County) $1,800
Total Fee Task #1 $9,750
Task 2 – Arakelian Park
Geotechnical Engineering Investigation/Report-Arakelian Park $ 11,575 Merced County Well/Boring Permit $ 400
Grout Backfill (required by County) $ 2,200
Total Fee Task #2 $14,175
Task 3 – Well #18 at Lucero Park
Geotechnical Engineering Investigation/Report-Well #18 at Lucero Park $ 5,575 Merced County Well/Boring Permit $ 400
Grout Backfill (required by County) $ 1,000
Total Fee Task #3 $6,975
Combined Estimated Fee (Task 1, 2, and 3) $ 30,900
ADDITIONAL SERVICES (if requested)
Plan Review Services $ 600/set/site

3.3 Inclusions/Exclusions
Our invoice will not exceed the stated amount without your written authorization. This Fee Estimate is based on the assumption that fees are prevailing wage. Also, this Fee Estimate is based on the assumption that the boring locations are accessible to a truck mounted drill rig. This Fee Estimate is valid only if the field exploration is performed continuously and without delay.

Delays encountered during field exploration will be subject to a charge of $400.00 per hour of delay. Other site conditions may require implementation of alternate methods of field exploration; this Fee Estimate does not include alternative field exploration methods. This Fee Estimate does NOT include environmental assessment costs, or percolation testing. If any of the additional services are needed, please do not hesitate to contact our offices for a revised proposal and updated Fee Estimate. This proposal is valid for a period of 90 days after which SALEM reserves the right to modify its content.

Item 7.6
Proposal No. P1-225-0080
August 28, 2025
Page No. 5

4.0 QUALIFICATIONS
SALEM Engineering Group, Inc. is the best selection for this contract above and beyond any other competing firm. Comprised of over 75 full-time Professional Engineers, Geologists, Environmental Professionals, Certified Technical staff, and qualified support staff, SALEM is a competent and accessible firm that solves challenges in an efficient, team oriented, and timely manner. Over the past ten years, SALEM has provided Geotechnical Engineering Investigation services, Environmental Engineering Services, and Testing & Inspection services for various project located throughout the state of California.

With each successful project completion, we have proven that high quality service need not be sacrificed while providing cost-effective engineering services. SALEM Engineering Group, Inc. (SALEM) is a consulting engineering firm with extraordinary determination to provide superior customer service. We specialize in geotechnical engineering, environmental engineering, and most importantly construction testing and inspection services. We have full capabilities to perform virtually all aspects of geotechnical engineering services, including initial soils and foundation investigations, geologic/seismic hazards studies, and environmental site assessments.

Our firm includes multi-disciplined Professional Engineers, special inspectors, and administrative staff that strive to provide efficient and dependable service. In addition to our field and office staff, our local Materials Laboratory includes state of the art equipment utilized for testing of construction materials such as soils, concrete, aggregates, bituminous products, masonry, steel and other materials.

SALEM is certified by Division of State Architect (DSA), Laboratory Evaluation and Acceptance Program (LEA) and the City of Los Angeles Department of Building and Safety. Our firm is also an active participant in the Cement and Concrete Reference Laboratory (CCRL) proficiency sample program and laboratory inspection process.

Our procedures, equipment, and personnel qualifications conform to the requirements as outlined in ASTM E-329. All annually-required calibrations on laboratory equipment are performed by an outside agency and by SALEM Engineering’s internal quality assurance program. SALEM includes staff that are licensed professional engineers in California, Arizona, Nevada, Oregon, Washington, New Mexico, Texas, Utah, Alaska, Colorado, Hawaii, and Idaho.

SALEM can provide responsive and reliable Geotechnical Engineering Investigation services anywhere within California for a low fixed price, guaranteed to be lower than the competition; the recommendations presented within our reports are always made with careful consideration to applicable building codes and standards, as well as the most economic and cost-saving measures during design and construction. As indicated by the sheer volume of retail projects completed for developers and large retail chains directly, SALEM has proven itself well-versed with individual design and development procedures specific to each client.

5.0 INSURANCE QUALIFICATIONS
SALEM maintains professional insurance to meet the requirements of our clients. In addition to our Professional Liability coverage of $2,000,000 per occurrence and $4,000,000 aggregate. SALEM also carries General Liability of $2,000,000 per occurrence, $4,000,000 aggregate, Umbrella Liability of $5,000,000 each incident and $5,000,000 aggregate. SALEM’s Workers Compensation coverage is in the Item 7.6
Proposal No. P1-225-0080
August 28, 2025
Page No. 6
amount of $1,000,000 per accident and our Commercial Automobile coverage is in the amount of $1,000,000 per combined single limit.

6.0 CLOSING
We appreciate the opportunity to submit this proposal for your consideration and look forward to working with you on this project. Should you have questions regarding this proposal, please contact the undersigned at (559) 271-9700.

Respectfully submitted,
SALEM Engineering Group, Inc.

Dean B. Ledgerwood II, PE, PG, CEG
Geotechnical Manager
PE 94395 / PG 8725 / CEG 2613
R. Sammy Salem, MS, PE, GE
Principal Managing Engineer
RCE 52762 / RGE 2549
Item 7.6
P1-225-0080 Page 1 of 3

CONTRACT
This Agreement is between the City of Livingston, hereinafter referred to as CLIENT, and SALEM Engineering Group Inc., hereinafter referred to as CONSULTANT, for Geotechnical Engineering Investigationsto be provided by CONSULTANT for the proposed 1,2,3 TCP Treatment System Improvement Project at Three (3) Treatment Sites, in Livingston, California. CONSULTANT will render these services and CLIENT will compensate CONSULTANT in accordance with our proposal (P1-225-0080) dated, August 28, 2025, which is incorporated in full by this reference, including any exhibits or attachments noted in the proposal. CONSULTANT acknowledges that the proposal represents an estimate and approximation of the services to be provided and the costs associated therewith; neither payment nor services are limited by the proposal, which is not a Not-to-Exceed estimate.

1. Services
The CLIENT recognizes the inherent risks connected with construction. CONSULTANT’s services under this Agreement include only those services specified in the proposal. CLIENT expressly releases any claim against CONSULTANT relating to any additional services that CONSULTANT recommended, but that CLIENT either did not authorize or instructed CONSULTANT not to perform. Where applicable, observations and standardized sampling, inspection and testing procedures employed by CONSULTANT will indicate conditions of materials and construction activities only at the precise location and time where and when services were performed. CLIENT recognizes that actual conditions at the subject property, or where applicable, conditions of materials and construction activities at other locations, may vary from those measured or observed by CONSULTANT when performing the services, and that conditions at one location and time do not necessarily indicate the conditions of apparently identical material(s) at other locations and times. Services of CONSULTANT, even if performed on a continuous basis, should not be interpreted to mean that CONSULTANT is observing, verifying, testing or inspecting all materials on the project. CONSULTANT is responsible only for those data, interpretations, and recommendations based solely on information available to CONSULTANT and will only be valid as of the date of observation. Furthermore, where applicable, CONSULTANT is only responsible for those data, interpretations, and recommendations regarding actual materials and construction activities observed, sampled, inspected or tested. CONSULTANT will not be responsible for other parties’ interpretations or use of any information developed by CONSULTANT. However, CONSULTANT may make certain inferences based upon the information derived from these procedures to formulate professional opinions regarding conditions in other areas.

2. Standard of Care
CONSULTANT will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of the profession practicing in the same or similar locality. It is understood that no warranty, either expressed or implied, is provided.

3. Site Access and Site Conditions
CLIENT will grant or obtain free access to the subject property for all equipment and personnel necessary for CONSULTANT to perform the work set forth in this Agreement. CLIENT will notify any and all occupants of the subject property that CLIENT has granted CONSULTANT free access to the subject property.

CLIENT will furnish or cause to be furnished such reports, data, studies, plans, specifications, documents, and other information regarding surface and subsurface conditions required by CONSULTANT for proper performance of its services. CONSULTANT shall be entitled to rely upon CLIENT-provided documents and information in performing the services required under this Agreement. However, CONSULTANT assumes no responsibility or liability for their accuracy or completeness. CLIENT-provided documents will remain the property of the CLIENT. The CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities. CONSULTANT will take reasonable precautions to avoid known subterranean structures, and the CLIENT waives any claim against CONSULTANT, and agrees to defend, indemnify, and hold CONSULTANT harmless from any claim or liability for injury or loss, including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition, CLIENT agrees to compensate CONSULTANT for any time spent or expenses incurred by CONSULTANT in defense of any such claim, with compensation to be based upon CONSULTANT’s prevailing fee schedule and expense reimbursement policy.

CLIENT hereby warrants that if CLIENT knows or has any reason to assume or suspect that hazardous materials/waste may exist at the subject property, CLIENT shall furnish or cause to be furnished to CONSULTANT all documents and information know to CLIENT that relate to the identity, location, quantity, nature or characteristics of the hazardous condition, material, or waste at, on, or under the subject property. CONSULTANT agrees to notify CLIENT when unanticipated hazardous materials or suspected hazardous materials are encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies regarding known releases of hazardous materials/wastes. CONSULTANT and CLIENT agree that the discovery of unanticipated hazardous materials/wastes constitutes a changed condition mandating a renegotiation of the scope-of-work or termination of services. CONSULTANT and CLIENT agree that the discovery of unanticipated hazardous materials may make it necessary for CONSULTANT to take immediate measures to protect health and safety.

CLIENT agrees to compensate CONSULTANT for any equipment decontamination or other costs incidental to the discovery of unanticipated hazardous materials/wastes. Contaminated consumables will be disposed of and replaced at CLIENT'S expense. CLIENT also agrees to hold CONSULTANT harmless for any and all consequences of disclosures made by CONSULTANT which are required by governing law. In the event the project site is not owned by CLIENT, the CLIENT recognizes that it is the CLIENT'S responsibility to inform the subject property owner of the discovery of unanticipated hazardous materials/wastes or suspected hazardous materials/wastes. Notwithstanding any other provision of the Agreement, CLIENT waives any claim against CONSULTANT, and to the maximum extent permitted by law, agrees to defend, indemnify, and hold CONSULTANT harmless from any claim, liability, and/or defense costs for injury or loss arising from CONSULTANT'S discovery of unanticipated or suspected hazardous materials/wastes including any costs created by delay of the project and any cost associated with possible reduction of the subject property's value.

4. Hazardous Materials Risks
On projects relating to efforts to ascertain the presence or absence of hazardous substances or underground tanks, the level of effort may range from very limited observation and inquiry to extensive investigation and testing. The level of uncertainty with respect to opinions reached on such projects will vary, depending on the extent of the investigation, but some level of uncertainty will exist in every project. CLIENT recognizes that CONSULTANT'S failure to detect the presence of hazardous materials/wastes at a site, even though hazardous materials may be assumed or expected to exist, through the use of appropriate and mutually agreed upon sampling techniques, does not guarantee that hazardous materials do not exist at the site. Similarly, CLIENT recognizes that CONSULTANT'S subsurface explorations may not encounter hazardous materials/wastes at a site, which may later be impacted by hazardous materials/wastes due to natural phenomena or human causes. Where applicable, the CLIENT should recognize that any assessment services performed in support of this Agreement shall not be considered and/or construed as a comprehensive site characterization. The findings and conclusions in such reports will be predicated on the information obtained through conducting the services outlined in the written scope-of-work. It should also be recognized that the services performed should not be interpreted as a statistical evaluation of the subject property, but are rather intended to provide a preliminary indication of impacts to the subject property from the possible usage, generation, or releases of hazardous materials/wastes. If no significant indicators of the presence of contaminants are encountered during performance of CONSULTANT’S services, this does not preclude the presence of contaminants on the subject property. A statistical evaluation of the subject property would include a comprehensive sampling strategy and laboratory analysis of samples collected to provide a basis for estimating the potential for the presence of contaminants with a numerical confidence value. The services shall only be deemed conclusive with respect to the tasks performed and the information obtained. No guarantee of the results of the services is implied within this contract.

Item 7.6
P1-225-0080 Page 2 of 3
CLIENT agrees to waive any claim against CONSULTANT and agrees to defend, indemnify, and hold CONSULTANT harmless from claims or liability for injury or loss arising from CONSULTANT'S inability to detect the presence of hazardous materials/hazardous wastes through techniques commonly employed for this purpose.

5. Hazardous Materials Generation/Disposal
The CLIENT is considered the owner of contaminated materials and/or investigation-derived wastes that may be generated during CONSULTANT’S subsurface exploration or monitoring activities including, but not limited to, contaminated water or soil. It is understood and agreed that, unless specifically negotiated in writing, CONSULTANT is not, and has no responsibility as, a handler, generator, operator, treater or storer, transporter or disposer of hazardous or toxic substances found or identified at the subject property, and that CLIENT shall undertake, or arrange for, either directly or indirectly through subcontractors, the handling, removal, treatment, storage, transportation and disposal of hazardous materials/wastes or constituents thereof found or identified at the subject property.

The costs associated with characterization and disposal of investigation-derived wastes shall be the sole responsibility of the CLIENT.

6. Samples
All samples will be disposed of or destroyed upon completion of testing unless CONSULTANT is otherwise advised. Upon written request, CONSULTANT will deliver samples to the CLIENT, or will store them for a period not to exceed 60 days for an agreed upon storage fee.

7. Risk Allocation
Many risks potentially affect CONSULTANT by virtue of entering into this Agreement to perform professional engineering services on behalf of CLIENT. The principal risk is the potential for human error by CONSULTANT. In order to obtain a lower fee from CONSULTANT, among other benefits, and in order for CONSULTANT to reduce its residual risk created by providing services to CLIENT, the CLIENT agrees to limit any and all claims for damages, costs of defense or other expenses or claims of liability or damages of whatever type, which are sought to be levied against CONSULTANT as the result of alleged negligent acts, errors and omissions on CONSULTANT'S part, such that the total aggregate liability of CONSULTANT to the CLIENT will not exceed CONSULTANT'S total fee for services rendered on this project or $5,000, whichever is greater. CLIENT and CONSULTANT shall allocate certain of the other risks so that, to the fullest extent permitted by law, CLIENT shall limit CONSULTANT’s total aggregate liability to all the parties, including contractors, subcontractors of all tiers, materialmen, and others involved in the CLIENT’s project to the greater of $10,000 or the total compensation received from CLIENT by CONSULTANT for services rendered on this project. CLIENT understands that dollar limits higher than those indicated may be available. If CLIENT wishes to negotiate other limits, and the resulting impact on CONSULTANT’s retained risk and fee, CLIENT shall notify CONSULTANT in writing. If CLIENT fails to notify CONSULTANT in writing prior to accepting this Agreement, through signature or, without signature, by verbally or in writing authorizing CONSULTANT to commence services, CLIENT shall be deemed to have accepted the limits indicated above. Limitations on liability and indemnities in this Agreement are business understandings between the parties voluntarily and knowingly entered into, and shall apply to all theories of recovery including but not limited to, breach of contract, warranty, tort (including negligence), strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence. The parties also agree that CLIENT will not seek damages in excess of limitations indirectly through suits with other parties who may join CLIENT as a third party, nor by an award or attorney’s fees and costs to the prevailing party in excess of the aggregate liability agreed upon herein by the parties. Both CLIENT and CONSULTANT agree that they will not be liable to each other, under any circumstances, for special, indirect, consequential or punitive damages arising out of or related to this Agreement. This provision takes precedence over any other conflicting provisions of this agreement.

8. Insurance
CONSULTANT agrees to maintain during the performance of services: (1) statutory Worker’s Compensation coverage; (2) Commercial General Liability Coverage in the sum of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, and; (3) Automobile Liability insurance coverage in the sum of not less than $1,000,000 single limit.

9. Claims by CLIENT
In the event the CLIENT makes a claim or brings any action against CONSULTANT for any act arising out the performance of these services, and the CLIENT fails to prove such claim or action, then the CLIENT shall pay all legal and other related costs and expenses incurred by CONSULTANT in defense of such claim or action.

10. Assignments
Neither party to this Agreement shall assign its rights, duties, and obligations hereunder without the prior written consent of the other party.

11. Payment
CLIENT will pay CONSULTANT the lump sum amount indicated in the proposal or, if no lump sum amount is indicated, in accordance with CONSULTANT'S Fee Schedule rates as included in the proposal and its attachments. CLIENT is responsible for payment of all fees in excess of SALEM’s original estimate regardless of the issuance of an approved change order. Invoices will be submitted to CLIENT by CONSULTANT, and will be due and payable upon receipt. If CLIENT objects to all or any portion of any invoice, CLIENT will so notify CONSULTANT in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the balance as stated on the invoice will be paid in full.

Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. CLIENT is advised that invoice payment may be made via check, wire transfer, or credit card payment. If CLIENT chooses to render payment via credit card, CLIENT is hereby notified that a credit card surcharge in the amount of 3% of the invoice amount will be added to the payment amount and CLIENT is responsible for payment of the surcharge percentage at the time of payment. An administrative fee of 1.5% per month will be included for invoices over 30 days, excluding any portion of the invoiced amount in dispute and resolved in favor of CLIENT. All time spent and expenses incurred (including any attorney's fees) in connection with collection of any delinquent amount will be paid by the CLIENT to CONSULTANT, per CONSULTANT'S current fee schedule. In the event CLIENT fails to pay CONSULTANT within sixty (60) days after invoices are rendered, CLIENT agrees that CONSULTANT will have the right to consider the failure to pay CONSULTANT'S invoice as a material breach of this Agreement and CONSULTANT will have the right to stop all current work and withhold letters, reports, or any verbal consultation until the invoice is paid in full. If the CLIENT requests back-up data or changes to the format of the standard invoice, an administrative fee of $200 per invoice may be charged plus $5 per copy of back-up data.

CLIENT understands, acknowledges, and agrees that any failure or refusal by CLIENT to make payment to CONSULTANT in accordance with the provisions of this Agreement is a material breach of the Agreement, and is sufficient grounds for CONSULTANT to cease performance (including, but not limited to, refusing to transmit or provide reports or other deliverables to the CLIENT pending payment) under the Agreement and/or to terminate this Agreement in accordance with the Termination provisions stated herein. CLIENT further understands, acknowledges, and agrees that any failure or refusal by CLIENT to approve additional work (or change order) is sufficient grounds for CONSULTANT to cease performance (including, but not limited to, refusing to transmit or provide reports or other deliverables to the CLIENT pending approval) under the Agreement and/or to terminate this Agreement in accordance with the Item 7.6
P1-225-0080 Page 3 of 3
Termination provisions stated herein.

12. Termination
This Agreement may be terminated by either party seven (7) days after written notice in the event of any breach of any provision of this Agreement or in the event of substantial failure of performance by the other party, or if the CLIENT suspends the work for more than three (3) months. In the event of termination, CONSULTANT will be paid for services performed prior to the date of termination plus reasonable termination expenses, including the cost of completing analyses, records and reports necessary to document job status at the time of termination.

13. Binding Dispute Resolution
The parties shall submit all disputes, claims or demands of any kind relating to, or arising out of, this Agreement to binding arbitration in accordance with the rules and regulations of the American Arbitration Association (or other, mutually agreeable, private arbitrator). The prevailing party in arbitration shall be entitled to recover all reasonable costs incurred, including staff time, arbitration or court costs, attorney’s fees, and other claim related expenses. Application may be had by any party to any court of general jurisdiction for entry and enforcement of judgment based on the arbitration award. The foregoing notwithstanding, either party may maintain, for the purpose of obtaining a provisional remedy or provisional relief, any underlying action or claim on which such affirmative relief may be based. The court, pending arbitration of claims, shall stay the prosecution of such party’s underlying claims on which any provisional remedies or relief are based.

14. Warranty of Authority to Sign
The person signing this contract warrants that he/she has authority to sign on the behalf of the CLIENT for whose benefit CONSULTANT'S services are rendered.

If such person does not have such authority, he/she agrees that he/she is personally liable for all breaches of this contract and that in any action against him/her for breach of such warranty, a reasonable attorney's fee shall be included in any judgment rendered.

15. Fair Construction
This Agreement will be construed as a whole in accordance with its fair meaning and without regard to California Civil Code Section 1654 or similar statutes.

16. Governing Law, Waiver and Survival
The law of the State of California will govern the validity of these terms, their interpretation and performance.

Waiver by either party of any breach of this Agreement, will not constitute a waiver of any subsequent breach of the same or any other provision. If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Risk allocation and indemnities will survive termination or failure of this Agreement for any cause.

The parties have read or had the opportunity to read the foregoing, including all attachments, addendums, and exhibits hereto, have had an opportunity to discuss the same, completely understand the terms, and willingly enter into this Agreement which will become effective on the date signed below.

17. Prevailing Wage Obligations
The CLIENT retains sole responsibility to inform CONSULTANT, in writing and prior to full execution of the contract if the above-referenced project is all or in part constitutes a “public work” under any and all federal, state, and/or local prevailing wage laws, and/or living wage laws, and/or ordinances, including but not limited to California Prevailing Wage laws, Davis-Bacon Act, the provisions of California Labor Code Section 1720 et seq., as well as any and all off-site work pursuant to California Streets and Highway Code 670.1. In addition, CLIENT shall notify CONSULTANT in writing if the CONSULTANT is obligated by statute, any public contracting authority, and/or a developer to pay prevailing wages and benefits and/or any other predetermined wages or benefits (collectively, “prevailing wage obligations”). In the event that CONSULTANT must adhere to federal, state, and/or local prevailing wage obligations for work performed, CLIENT shall provide CONSULTANT with any and all prevailing wage determinations applicable to the work to be performed by CONSULTANT.

CLIENT understands and agrees that CONSULTANT’s fee for work performed under this agreement will be calculated, in part, on the basis of representations by CLIENT regarding the existence and amount of any and all prevailing wage obligations and that, if such obligation exists, CONSULTANT’s fee might be different. CLIENT shall also be responsible for informing CONSULTANT in writing and within ten (10) days of commencement of work whether certified payroll records are required to be submitted. CLIENT further understands and agrees that CONSULTANT will rely on the representations made by the CLIENT with regard to prevailing wage obligations and CLIENT agrees to defend, indemnify and hold harmless CONSULTANT against any and all claims, liabilities, suits, demands, losses, costs, and expenses, including but not limited to, reasonable attorney’s fees, and all legal expenses and fees, fines, penalties, or sanctions, arising from CONSULTANT’s reliance upon CLIENT’s representations regarding prevailing wage obligations.

The subject project Does Not constitute a “public work” under any and all federal, state, and/or local prevailing wage laws. Initial ____________ The subject project, all or in part, constitutes a “public work” under Federal Davis Bacon prevailing wage laws only. Initial ____________ The subject project, all or in part, constitutes a “public work” under State and/or local prevailing wage laws. Initial ____________

18. Entire Agreement
This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other prior or contemporaneous agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. Any changes to this Agreement must be mutually agreed to in writing.

CITY OF LIVINGSTON SALEM ENGINEERING GROUP, INC.
by Date Signature Date
R. SAMMY SALEM, GE

PRINCIPAL ENGINEER
Name Title Name Title
Note: Make sure to check appropriate box above signature lines related to labor categories.

Item 7.6

STAFF REPORT
AGENDA ITEM: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

DECLARING ITS INTENTION TO ANNEX TERRITORY TO A

COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY

OF SPECIAL TAXES THEREIN, THE CITY OF LIVINGSTON
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (PUBLIC SERVICES) ANNEXATION NO. 4
MEETING DATE: October 21, 2025
PREPARED BY: Willdan Financial Services
REVIEWED BY: Jose A. Ramirez, City Manager
RECOMMENDATION:

To initiate proceedings to annex property into Community Facilities District No. 2017-1 (Public Services) (the “CFD”), Annexation No. 4 to pay for the impact of new development on public services, including the maintenance of streets, drainage, parks, public landscape areas, and to maintain service levels for police and fire protection services provided by the City of Livingston (the “City”).

It is recommended that the City Council adopt:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON DECLARING ITS

INTENTION TO ANNEX TERRITORY TO A COMMUNITY FACILITIES DISTRICT AND TO

AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN, THE CITY OF LIVINGSTON COMMUNITY FACILITIES DISTRICT NO. 2017-1 (PUBLIC SERVICES) ANNEXATION NO. 4 The recommended action will declare the City Council’s intent to annex property into the CFD pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California as amended, for the purpose of financing the impact of new development on the maintenance of streets, drainage, parks, public landscape areas, and to maintain service levels for police and fire protection services.

BACKGROUND
By Resolution No. 2018-20, the City Council established the CFD with the intention that future development within the City would annex into this CFD. The special taxes collected from the property owners within the CFD are to be used for the funding of maintenance of streets, drainage, parks, public landscape areas, and to maintain service levels for police and fire protection services due to new development in the City.

There is one project proposed for annexation. The detail for the project is as follows:

Item 7.7

1. A development owned by Livingston B Street LP consisting of multifamily affordable housing on 3.95 acres of land. The project is located on B Street between Robin Ave and F Street. The boundary of the annexation includes the area within assessor’s parcel numbers 022-010-021 and 022-010-023 as depicted on Exhibit A.

Development of these properties changes the characteristics of undeveloped land. Once developed, these projects will have intensified the use of the properties, creating a need for more services under this CFD.

The Resolution of Intention is the first step in the process of annexing new developments into the CFD. The resolution also establishes December 2, 2025 as the public hearing date for the final consideration of the annexation of the property into the CFD. Once the annexation is complete, the property owners of the Project will be required to pay annual special taxes for the CFD, beginning in Fiscal Year 2026/2027 as itemized on their property tax bill in accordance with the rate set forth in the Amended Rate and Method of Apportionment of Special Tax shown in Exhibit B. The rates for Fiscal Year 2025/2026 are shown in Exhibit C.

The Amended Rate and Method of Apportionment of Special Tax was established as part of the formation of the CFD and fixed Fiscal Year 2018/2019 as the base year for the annual special tax rate. The special tax rates are anticipated to increase each year based on the Annual Escalation Factor specified in the Amended Rate and Method of Apportionment of Special Tax.

DISCUSSION
The attached resolution will begin the proceedings for the annexation of the projects into the CFD.

The conditions of approval for the projects require them to annex into the CFD, which was established as an annexable district to provide funding to offset the increased cost for maintenance of streets, drainage, parks, public landscape areas, and to maintain service levels for police and fire protection services.

FINANCIAL IMPACT
The annual revenue received by the City for the CFD will be based on the maximum special tax rates outlined in the Amended Rate and Method of Apportionment of Special Tax, inflated by the Annual Escalation Factor. The estimated revenue amount from the development projects based on Fiscal Year 2025/2026 maximum special tax rates is $58,151. The process for the annexation is funded by the developers and no general fund monies are used for this effort.

ATTACHMENTS:

1. Resolution
Item 7.7
RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON DECLARING ITS

INTENTION TO ANNEX TERRITORY TO A COMMUNITY FACILITIES DISTRICT AND TO

AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN, THE CITY OF LIVINGSTON COMMUNITY FACILITIES DISTRICT NO. 2017-1 (PUBLIC SERVICES) ANNEXATION NO. 4 WHEREAS, this City Council has conducted proceedings to establish Community Facilities District No. 2017-1 (Public Services) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and
WHEREAS, under the Act, this Council, as the legislative body for the CFD, is empowered with the authority to annex territory to the CFD, and now desires to undertake proceedings to annex territory to the CFD.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON HEREBY RESOLVES AS FOLLOWS:

1. This Council hereby finds and determines that public convenience and necessity require that territory be added to the CFD.

2. The name of the existing CFD is “Community Facilities District No. 2017-1 (Public Services).”

3. The territory included in the existing CFD is as shown on the map thereof filed in Book 14 of Maps of Assessment and Community Facilities Districts at Page 40, as well as the map for Annexation No. 1, Annexation No. 2, and Annexation No. 3 filed in Book 15 of Maps of Assessment and Community Facilities Districts at Pages 6, 27-28, and 36-37, respectively, in the office of the County Recorder, County of Merced, State of California, to which maps reference is hereby made.

The territory now proposed to be annexed to the CFD is as shown on the Annexation Map No. 4 to the CFD, on file with the City Clerk, a copy of which is attached hereto as Exhibit A and made a part hereof, the boundaries of which territory are hereby preliminarily approved. The City Clerk is hereby directed to cause the recordation of said Annexation Map No. 4 to the CFD, showing the territory to be annexed, in the Office of the County Recorder of the County of Merced within fifteen days of the date of adoption of this resolution.

4. The types of public services financed by the CFD and pursuant to the Act consist of those services (the “Services”) described in Exhibit A to Resolution No. 2018-20 adopted by the Council on the 17th day of April, 2018, (the “Resolution of Formation”). It is presently intended that the Services will be shared, without preference or priority, by the existing territory in the CFD and the territory proposed to be annexed to the CFD. It has been determined that this project will intensify the use of the property, creating a need for more services under this CFD.

Item 7.7
RES. NO. 2025 - _____
October 21, 2025

Page 2 ends

5. Except to the extent that funds are otherwise available to the CFD to pay for the Services and/or the principal and interest as it becomes due on bonds of the CFD issued to finance the Services, a special tax sufficient to pay the costs thereof is intended to be levied annually within the CFD and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, and in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, is described in Exhibit B, which is hereby incorporated by this reference.

6. Notice is given that on December 2, 2025, at 7:00 p.m., in the regular meeting place of this Council, being the City Council Chambers, located at 1416 C Street, Livingston, California, the Council, as legislative body for the CFD, will conduct a public hearing on the annexation of territory to the CFD and consider and finally determine whether the public interest, convenience and necessity require said annexation of territory to the CFD and the levy of said special tax therein.

7. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form specified in Section 53339.4 of the Act. The City Clerk shall also cause a copy of the Resolution of Annexation, or a notice thereof, to be mailed to each landowner (and to each registered voter, if any) within the territory proposed to be annexed, which resolution or notice shall be mailed at least fifteen days before the date of said hearing.

I hereby certify the foregoing Resolution No. 2025-____ is a full and true copy of a resolution passed and adopted by the Livingston City Council at a regular meeting thereof duly held on the 21st day of October 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
Item 7.7
RES. NO. 2025 - _____
October 21, 2025

Page 3 ends

APPROVED AS TO LEGAL FORM
Marc Tran, City Attorney
Item 7.7
RES. NO. 2025 - _____
October 21, 2025

Page 4 ends

EXHIBIT A
City of Livingston Community Facilities District No. 2017-1 (Public Services)
Boundary Map-Annexation No. 4
Item 7.7

EXHIBIT B

AMENDED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A Special Tax of City of Livingston Community Facilities District No. 2017-1 (Public Services) (“CFD”) shall be levied on all Assessor's Parcels within the CFD and collected each Fiscal Year commencing in Fiscal Year 2018-19 in an amount determined by the Special Tax Administrator through the application of the rate and method of apportionment of the Special Tax set forth below.

All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended. “Administrative Expenses” means the following actual or reasonably estimated costs incurred by the City as administrator of the CFD, provided that such costs are directly related to administration of the CFD: costs to determine, levy and collect the Special Taxes, including an allocable share of the salaries and benefits of City employees, the fees of consultants, and legal counsel; the costs of collecting installments of the Special Taxes upon the general tax rolls, including any charges levied by County departments; and the preparation of required reports and any other costs required to administer the CFD in accordance with the Act, as determined by the City.
“Annual Escalation Factor” means the greater of (i) two percent (2%) or (ii) the annual percentage increase in the Consumer Price Index for All Urban Consumers for San Francisco-Oakland-Hayward Area as determined by the Bureau of Labor Statistics for the twelve months ending the previous December. If said index is discontinued, then an alternative index may be used as determined by the Special Tax Administrator. “Assessor's Parcel” means a Lot or parcel of land shown on an Assessor's Parcel Map with a parcel number assigned by the Assessor of the County that corresponds to a number shown on the County Assessor’s roll.
“Assessor's Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.
“Attached Residential” means an Assessor’s Parcel within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure or structures sharing common walls and/or common spaces, qualified as Attached Residential at the City’s discretion, consisting of two or more Dwelling Units, including, but not limited to duplexes, triplexes, and apartment units, as of May 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Base Year” means Fiscal Year ending June 30, 2019.

Item 7.7
Exhibit B

Page 2 ends

“Building Permit” means a permit issued for new construction of a residential or nonresidential structure. For purposes of this definition, “Building Permit” shall not include permits issued solely for grading, utility improvements, or other such improvements that are constructed and installed and are not intended for human occupancy. “CFD” means City of Livingston Community Facilities District No. 2017-1 (Public Services).
“City” means the City of Livingston.
“City Clerk” means the City Clerk for the City or his or her designee. “City Engineer” means the City Engineer for the City or his or her designee. “Commercial Property” means an Assessor's Parcel of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any commercial use, including related parking, including hotels, motels, and Office Property, and all other property considered commercial, as coded by the County’s assessor or as determined by the City, as of May 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Council” means the City Council of the City, acting as the legislative body of the CFD. “County” means the County of Merced, California.
“Detached Residential” means an Assessors’ Parcel within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure consisting of one single-family detached Dwelling Unit, including Mobile Homes, as of May 1st preceding the Fiscal Year in which the Special Tax is being levied. “Developed Property” means, for Detached Residential, Attached Residential, Commercial Property, or Industrial/Business Park/Agricultural Processing Property, an Assessor’s Parcel within the CFD for which a Building Permit was issued on or prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied, based on the number of Dwelling Units or Lot Area, as applicable, per City or County records for that Assessor’s Parcel. “Developed Property” means, for Farm Property, an Assessor’s Parcel within the CFD for which the City has granted permission to allow farming operations or for which Land Use Class of Farm Property is designated at the City’s discretion on or prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied, based on the Lot Area, as applicable, per City or County records for that Assessor’s Parcel.
“Dwelling Unit” means each separate residential unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential units, in which a person or persons may live, which comprises an independent facility and is not Item 7.7
Exhibit B

Page 3 ends

considered to be for non-residential use only, and as defined in the City of Livingston's Municipal Code.
“Exempt Property” means for each Fiscal Year, an Assessor's Parcel within the CFD not subject to the Special Tax. Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement such as railroad parcels, roads and landscape lots, (iv) Undeveloped Property and (v) property reasonably designated by the City or Special Tax Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors that may make development of such property impractical for human occupancy. “Farm Property” means property used to grow crops or raise animals, which county use code starts with 07 or the City designates as Farm Property. “Final Map” means an Assessor’s Parcel Map, a Final Subdivision Map, parcel map, condominium plan, or any other map functionally considered to be an equivalent development map that has been recorded in the Office of the County Recorder. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “Industrial/ Institutional/ Agricultural Processing Property” means an Assessor's Parcel of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any allowable industrial, institutional, or agricultural use, including related parking, and all other property considered industrial or institutional, including Medical Property, private schools and daycares, or used for agricultural processing, which is not a Commercial Property or Office Property, as coded by the County’s assessor or as determined by the City, as of May 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Land Use Class” means any of the classes listed in Table 1 and defined herein. “Lot” means an individual legal lot created by an Assessor’s Parcel Map or Final Map. “Lot Area” means the gross horizontal area of the Lot or Assessor’s Parcel. “Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C below, that can be levied by the CFD in any Fiscal Year on any Assessor’s Parcel.
“Medical Property” means an Assessor's Parcel of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for any medical use, including related parking, including hospitals, convalescent homes, medical property, dental property, clinics, medical offices, and dental offices, and all other property used for medical purposes, which is not a Commercial Property or Office Item 7.7
Exhibit B

Page 4 ends

Property, as coded by the County’s assessor or as determined by the City, as of May 1st preceding the Fiscal Year in which the Special Tax is being levied, “Mixed-Use Property” means an Assessor’s Parcel of Developed Property containing or planned for containing a structure or structures that consists of one or more Dwelling Units, but also has dedicated space for Non-Residential use.
“Mobile Home” means a vehicle designed and equipped for human habitation as defined by the California Health & Safety Code § 18008.
“Non-Residential” means an Assessor’s Parcel of Taxable Property within the CFD for which a Building Permit has been or could be issued for a non-residential use, including Commercial Property and Industrial/ Institutional/ Agricultural Processing Property or which the City may designate as Farm Property.
“Office Property” means an Assessor’s Parcel of Developed Property for which a building permit(s) has been issued for purposes of constructing non-residential property for office use other than Medical Property, including related parking, including savings and loans property, property for legal assistance, and other office buildings, as determined by the City, as of May 1st preceding the Fiscal Year in which the Special Tax is being levied. “Park” means a public park, open space, trail, dog park dedicated to and/or managed by the City of Livingston.
“Park and Landscaping Maintenance” means the labor, material, administration, personnel, equipment, contract services, and utilities (i.e., water and power) necessary to maintain landscaping improvements within, and associated with, the CFD, including trees, turf, ground cover, shrubs, weed removal, irrigation systems, sidewalk, drainage facilities, lighting, signs, monuments, graffiti removal, walkways, and associated appurtenant facilities located within, or associated with, the CFD and reasonable costs of providing park maintenance, including but not limited to (i) the costs of contracting for park maintenance services, including trees, plant material, restrooms, irrigation systems, sidewalks, drainage facilities, weed control, lighting, and parking lot maintenance, (ii) the salaries and benefits of City staff, including maintenance staff, that directly provide park maintenance services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) utility costs such as water, sewer, lighting and power and (v) City overhead costs associated with providing such services within the CFD.
“Park and Landscaping Maintenance Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Park and Landscaping Maintenance applicable to the CFD for such Fiscal Year. “Police, Fire, and/or Paramedic Services” means the estimated and reasonable costs of providing Police Services, Fire Suppression Services, and/or Paramedic services Item 7.7
Exhibit B

Page 5 ends

including but not limited to (i) the costs of contracting for police, firefighters, and paramedics, (ii) the salaries and benefits of City staff, if the City directly provides Police Services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, and (iv) City overhead costs associated with providing such services within the CFD.
“Police, Fire, and/or Paramedic Services Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Police, Fire, and/or Paramedic Services applicable to the CFD for such Fiscal Year. “Property Owner Association Property” means for each Fiscal Year any property within the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder, to a property owner association, including any master or subassociation, which consists of property owned in common by owners of surrounding properties and it is intended for use for community purposes. “Proportionately” means, for Taxable Property, that the ratio of the actual Special Tax levied per Assessor’s Parcel of Taxable Property to the Maximum Special Tax per Assessor’s Parcel of Taxable Property is equal for all Assessor’s Parcels of Taxable Property.
“Public Property” means for each Fiscal Year any property within the CFD that is, or is expected to be, used for rights-of-way, parks, public schools or any other public purpose determined by the Special Tax Administrator or is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency.
“Reserve Fund” means a fund that shall be created and maintained for the CFD for each Fiscal Year to provide necessary cash flow to cover maintenance and operational cost overruns, and delinquencies in the payment of Special Taxes. “Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below. “Special Tax Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“Special Tax Requirement” means that amount required in any Fiscal Year for the CFD to pay for (i) the Park and Landscaping Maintenance Requirement, (ii) the Police, Fire, and/or Paramedic Services Requirement, (iii) the Street and Drainage Maintenance Requirement, (iv) Administrative Expenses of the CFD, and (v) and any amounts required to establish or replenish a Reserve Fund for that Fiscal Year.

Item 7.7
Exhibit B

Page 6 ends

“State” means the State of California.
“Street and Drainage Maintenance” means the labor, material, administration, personnel, equipment and utilities necessary to maintain streets, streetlights, drainage, storm systems, and associated appurtenant facilities within, and associated with, the CFD, including City overhead costs associated with providing such services within the CFD. “Street and Drainage Maintenance Requirement” means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Street and Drainage Maintenance applicable to the CFD for such Fiscal Year. “Taxable Property” means all Assessor’s Parcels of Developed Property within the CFD that are not Exempt from the Special Tax pursuant to law or as defined herein. “Undeveloped Property” means, for each Fiscal Year, an Assessor’s Parcel within the CFD for which a Building Permit has not been issued, or the City has not designated as Farm Property, on or prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied and is not classified as Property Owner Association Property or Public Property, including an Assessor’s Parcel that is designated as a remainder parcel by any final documents and/or maps available to the Special Tax Administrator.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, commencing with Fiscal Year 2018-19, using the definitions above, each Assessor’s Parcel within the CFD shall be classified as Taxable Property or Exempt Property. In addition, each Fiscal Year, beginning with Fiscal Year 2018-19, Taxable Property shall be further classified as Attached Residential, Detached Residential, MixedUse Property, Commercial Property, or Industrial/ Institutional/ Agricultural Processing Property.

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property
Item 7.7
Exhibit B

Page 7 ends

Table 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2017-1 (Public Services) Fiscal Year 2018-19
Land
Use
Class
Description Maximum Special Tax
1 Detached Residential $763.00 per Dwelling Unit
2 Attached Residential $572.00 per Dwelling Unit
3 Mixed-Use Property Sum of Maximum Special Tax for
each applicable Land Use Class
4 Commercial Property $0.130 per square foot of Lot Area 5 Industrial/ Institutional/
Agricultural Processing $0.077 per square foot of Lot Area 6 Farm Property $0.007 per square foot of Lot Area
7 Medical Property $0.077 per square foot of Lot Area
8 Office Property $0.130 per square foot of Lot Area
For each Fiscal Year following the Base Year, the Maximum Special Tax rates in Table 1 shall be increased by the Annual Escalation Factor. A different Maximum Special Tax may be added to the CFD as a result of future annexations or if future annexations involve a new Land Use Class.

2. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section A.

For each Fiscal Year, if the use or ownership of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in Section A, therefore making such Assessor's Parcel no longer eligible to be classified as Exempt Property, such Assessor's Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.1.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2018-19, and for each subsequent Fiscal Year, the Special Tax Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement:

The Special Tax shall be Proportionately levied each Fiscal Year on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax. The applicable Maximum Special Tax shall be based on the Developed Property’s Item 7.7
Exhibit B

Page 8 ends

classification as Detached Residential, Attached Residential, Mixed-Use Property, Commercial, Industrial/ Institutional/ Agricultural Processing Property, or Farm Property.

E. APPEALS
Any landowner who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor’s Parcel is in error shall first consult with the Special Tax Administrator regarding such error. If following such consultation, the Special Tax Administrator determines that an error has occurred, the Special Tax Administrator may amend the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any, the landowner believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel. Upon the receipt of any such written notice, the City Clerk shall forward a copy of such notice to the City Finance Director, who shall either (1) refer the matter to the City’s existing hearing board for administrative appeals; or (2) establish as part of the proceedings and administration of the CFD, a special threemember Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The hearing board or Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner appeals, as herein specified. The decision of the hearing board or Review/Appeal Committee shall be final and binding as to all persons.

F. MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided however that (i) the CFD may directly bill the Special Tax, and (ii) the CFD may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD or as otherwise determined appropriate by the City Council.

G. TERM OF SPECIAL TAX
Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity or until the City Council takes appropriate actions to terminate the Special Tax pursuant to the Act.

Item 7.7

EXHIBIT C
Maximum Special Tax for Developed Property
Community Facilities District No. 2017-1
Fiscal Year 2025/2026
Land
Use
Class
Description Maximum Special Tax
1 Detached Residential $969.608 per Dwelling Unit
2 Attached Residential $726.888 per Dwelling Unit
3 Mixed-Use Property Sum of Maximum Special Tax for
each applicable Land Use Class
4 Commercial Property $0.165 per Square Foot of Lot Area 5 Industrial/ Institutional/
Agricultural Processing $0.097 per Square Foot of Lot Area 6 Farm Property $0.008 per Square Foot of Lot Area
7 Medical Property $0.097 per Square Foot of Lot Area
8 Office Property $0.165 per Square Foot of Lot Area
On each July 1st following the Base Year, the Maximum Special Tax rates in Table 1 shall be increased in accordance with the Annual Escalation Factor as defined in the Amended Rate and Method of Apportionment (RMA).

Item 7.7

STAFF REPORT
AGENDA ITEM: City Council Hold a Discussion and Provide Direction on which Project(s) to Submit CMAQ Application(s) in Response to the MCAG 2025 CMAQ Call for Projects
MEETING DATE: October 21, 2025
PREPARED BY: Mario Gouveia, City Engineer
APPROVED By: Jose A Ramirez, City Manager
Anthony Chavarria, Public Works Director
RECOMMENDATION:

Staff recommends the City Council hold a discussion and provide direction on which project(s) to submit CMAQ Application(s) in response to the MCAG 2025 Call for Projects.

BACKGROUND:

The Merced County Association of Governments (MCAG) initiated a Call for Projects on August 22nd, 2025. MCAG is in the process of programming approximately $8 million in future federal funds for the Congestion Mitigation and Air Quality (CMAQ) Program. This funding is to be awarded to member agencies based on competitively scoring applications submitted to MCAG by its member agencies. MCAG provided the following Tentative schedule for the Call for Projects:

Schedule:
 Application Deadline – October 24, 2025
 CMAQ committee evaluation of applications – Week of November 10, 2025 (tentative)
 MCAG Board to Act on Recommendations – December 18, 2025 (tentative) The CMAQ program’s primary goals are to improve air quality and reduce congestion.

CMAQ funding is used to fund transportation projects that will contribute to the attainment or maintenance of the National Ambient Air Quality Standards for ozone, and particulate matter (both PM10 and PM2.5).

Item 8.1
DISCUSSION:

City of Livingston (City) Staff met and developed a list of potential projects that best fit the application guidelines using the CMAQ project criteria and existing transportation programming documents. The list of potential projects that fit the funding criteria are summarized below (projects are listed in no particular order). These projects were presented during the Engineering Report at the September 16th, 2025, Council Meeting.

A. Arakelian Park Path Project
The project consists of constructing a combination of concrete sidewalk and multiuse path facilities. Multiuse path facilities would be constructed along the West side of the MID canal running parallel with Emerald Avenue. The proposed improvements also include the construction of infill sidewalk facilities along the park frontage along J Street. This project will utilize a portion of the City’s existing right of way and will also use a portion of the existing MID right of way. This is a “quality of life” project and a continuation of the City’s CMAQ efforts to promote walkability and reduce emissions.

B. Winton Parkway Path Project
The project consists of constructing a shared use path along the MID canal parallel with a portion of the future Winton Parkway Extension, continuing along the canal, and terminating at B Street. This project will utilize a portion of the City’s existing right of way and will also use a portion of the existing MID right of way. This is a “quality of life” project and a continuation of the City’s CMAQ efforts to promote walkability and reduce emissions.

C. Newcastle Pedestrian Improvements Project
The project consists of constructing new sidewalk improvements along the West side of Main Street from the end of the sidewalk improvements North of Newcastle Drive and South of Peach Avenue on the South side of the City.

These improvements would be limited to the City’s existing right of way and would be modified by development as the adjacent properties develop. This is a “quality of life” project and a continuation of the City’s CMAQ efforts to promote walkability and reduce emissions.

D. Stefani Sidewalk Infill Project
The project consists of constructing new sidewalk and wheelchair ramps along the West side of Stefani between Campbell Boulevard and Davis Street on the North side of the City. This is a “quality of life” project and a continuation of the City’s CMAQ efforts to promote walkability and reduce emissions. The project improvements focus on the construction of sidewalks where there are still discontinuities in pedestrian facilities, hence providing connectivity and safe pedestrian access to schools, commercial areas, parks, churches, etc.

Additionally, based on a request made by the Mayor the sidewalk infill segment on the South side of Peach Avenue between the Santa Fe Supermarket and Sun Valley Avenue was researched. The City does not have ownership of the ultimate right of way (ROW) along Peach Avenue. Along with ROW concerns, construction of sidewalk improvements on this side of Peach Avenue would pose a number of grading Item 8.1
challenges, would require a MID canal bridge crossing, and has several property access constraints.

FISCAL IMPACT:

No fiscal impact to submit these project applications.

ATTACHMENTS:

1. Project Scoping Exhibit – Stefani Sidewalk & Newcastle Path

2. Project Scoping Exhibit – Arakelian Park & Winton Parkway Trails Item 8.1
Sep 25, 2025 - 12:56pm V:\COL\695\02\cad\exhibits\69502-01-25infillsw.dwg • • • City of Livingston - Potential CMAQ Class I Facilities Projects - Location Map Scope Exb LEGEND WINTON PARKWAY PATH N ARAKELIAN PARK PATH N Item 8.1 Sep 24, 2025 - 4:33pm V:\COL\695\02\cad\exhibits\69502-01-25infillsw.dwg • • • City of Livingston - Potential CMAQ Infill Sidewalk Projects - Location Map Scope Exb LEGEND STEFANI SIDEWALK INFILL N NEWCASTLE PED IMPS N Item 8.1

Page 1 of 2 ends

STAFF REPORT
AGENDA ITEM: INFORMATIONAL: COMPENSATION ANALYSIS FOR ENGINEERING,

PLANNING AND BUILDING DEPARTMENT (ITEM WAS CONTINUED FROM THE SEPTEMBER 2, 2025, CITY COUNCIL MEETING)
MEETING DATE: October 16, 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.

Item 8.2

Page 2 of 2 ends

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.

2. Council Member Japjeet Uppal together with supporting documents from the City.

Item 8.2
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 Page 1
Item 8.2
Annually $ 70,332.17 $ 73,848.78 $ 77,541.22 $ 81,418.28 $ 85,489.19 $ 89,763.65 $ 94,251.83 City of Lathrop 47,031
Effective salary date: 7/5/2025
Building Inspector I Hourly $ 37.64 $ 39.52 $ 41.49 $ 43.57 $ 45.75 Monthly $ 6,524.00 $ 6,850.00 $ 7,192.00 $ 7,552.00 $ 7,930.00 Annually $ 78,284.00 $ 82,198.00 $ 86,308.00 $ 90,624.00 $ 95,155.00 Effective salary date: 7/5/2025
Building Inspector II Hourly $ 40.53 $ 42.56 $ 44.69 $ 46.92 $ 49.27 Monthly $ 7,025.00 $ 7,377.00 $ 7,745.00 $ 8,133.00 $ 8,539.00 Annually $ 84,304.00 $ 88,519.00 $ 92,945.00 $ 97,592.00 $ 102,471.00 Effective salary date: 7/5/2025
Building Inspector III Hourly $ 44.74 $ 46.98 $ 49.32 $ 51.79 $ 54.38 Monthly $ 7,755.00 $ 8,142.00 $ 8,549.00 $ 8,977.00 $ 9,426.00 Annually $ 93,055.00 $ 97,708.00 $ 102,593.00 $ 107,722.00 $ 113,110.00 Effective salary date: 7/5/2025
Senior Building Inspector Hourly $ 49.38 $ 51.85 $ 54.44 $ 57.17 $ 60.02 Monthly $ 8,560.00 $ 8,988.00 $ 9,437.00 $ 9,909.00 $ 10,404.00 Annually $ 102,716.00 $ 107,852.00 $ 113,244.00 $ 118,906.00 $ 124,851.00 City of Patterson 25,889
*Building Inspector contracted out*
City of Kerman 18,037
Effective salary date: 08/2025 Exempt
Building Official Hourly $ 37.98 $ 39.88 $ 41.87 $ 43.96 $ 46.16 $ 48.47 $ 50.90 Monthly $ 6,583.00 $ 6,912.00 $ 7,258.00 $ 7,620.00 $ 8,001.00 $ 8,402.00 $ 8,822.00 Annually $ 78,996.00 $ 82,944.00 $ 87,096.00 $ 91,440.00 $ 96,012.00 $ 100,824.00 $ 105,864.00 City of Mendota 12,491
*No stand alone position, city manager carries out duties of B.I.* City of Atwater 32,132
*No known Building Inspector*
City of Los Banos 50,463
Effective salary date: 07/1/2025
Inspector I Hourly $ 32.24 $ 33.85 $ 35.54 $ 37.32 $ 39.18 $ 41.15 Monthly $ 5,589.00 $ 5,868.00 $ 6,161.00 $ 6,469.00 $ 6,792.00 $ 7,132.00 Annually $ 67,068.00 $ 70,416.00 $ 73,932.00 $ 77,628.00 $ 81,504.00 $ 85,584.00 City of Oakdale 22,931
*Building Inspector contracted out*
Effective salary date: 07/1/2025
Senior Building Inspector Hourly $ 38.37 $ 40.19 $ 42.10 $ 44.10 $ 46.19 Monthly $ 6,651.11 $ 6,965.41 $ 7,297.65 $ 7,643.38 $ 8,005.56 Annually $ 79,813.32 $ 83,584.92 $ 87,571.80 $ 91,720.56 $ 96,066.72 8/28/2025 Building Inspector Comp Study Page 2
Item 8.2
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: 07/1/2024 Exempt
Engineer I Hourly $ 35.37 $ 36.25 $ 37.16 $ 38.09 $ 39.04 $ 40.02 $ 41.02 $ 42.05 $ 43.10 $ 44.18 $ 45.28 Monthly $ 6,130.80 $ 6,283.33 $ 6,441.07 $ 6,602.27 $ 6,766.93 $ 6,936.80 $ 7,110.13 $ 7,288.67 $ 7,470.67 $ 7,657.87 $ 7,848.53 Annually $ 73,569.60 $ 75,400.00 $ 77,292.80 $ 79,227.20 $ 81,203.20 $ 83,241.60 $ 85,321.60 $ 87,464.00 $ 89,648.00 $ 91,894.40 $ 94,182.40 Effective salary date: 07/1/2024 Exempt
Engineer II Hourly $ 37.18 $ 38.11 $ 39.06 $ 40.04 $ 41.04 $ 42.07 $ 43.12 $ 44.20 $ 45.31 $ 46.44 $ 47.60 Monthly $ 6,444.53 $ 6,605.73 $ 6,770.40 $ 6,940.27 $ 7,113.60 $ 7,292.13 $ 7,474.13 $ 7,661.33 $ 7,853.73 $ 8,049.60 $ 8,250.67 Annually $ 77,334.40 $ 79,268.80 $ 81,244.80 $ 83,283.20 $ 85,363.20 $ 87,505.60 $ 89,689.60 $ 91,936.00 $ 94,244.80 $ 96,595.20 $ 99,008.00 Effective salary date: 07/1/2024 Exempt
Engineer III Hourly $ 41.03 $ 42.06 $ 43.11 $ 44.19 $ 45.29 $ 46.42 $ 47.58 $ 48.77 $ 49.99 $ 51.24 $ 52.52 Monthly $ 7,111.87 $ 7,290.40 $ 7,472.40 $ 7,659.60 $ 7,850.27 $ 8,046.13 $ 8,247.20 $ 8,453.47 $ 8,664.93 $ 8,881.60 $ 9,103.47 Annually $ 85,342.40 $ 87,484.80 $ 89,668.80 $ 91,915.20 $ 94,203.20 $ 96,553.60 $ 98,966.40 $ 101,441.60 $ 103,979.20 $ 106,579.20 $ 109,241.60 City of Coalinga 17,199
Effective salary date: 1/1/2025
Assistant Engineer Hourly $ 29.28 $ 30.74 $ 32.28 $ 33.89 $ 35.59 $ 37.37 Monthly $ 5,074.72 $ 5,328.46 $ 5,594.88 $ 5,874.63 $ 6,168.36 $ 6,476.78 Annually $ 60,896.67 $ 63,941.51 $ 67,138.58 $ 70,495.51 $ 74,020.29 $ 77,721.30 City of El Segundo 15,931
Effective salary date: 06/28/2025 Exempt
Civil Engineering Assistant Hourly $ 38.90 $ 40.85 $ 42.89 $ 45.03 $ 47.28 Monthly $ 6,742.76 $ 7,079.89 $ 7,433.90 $ 7,805.58 $ 8,195.86 Annually $ 80,913.15 $ 84,958.74 $ 89,206.75 $ 93,666.99 $ 98,350.27 Effective salary date: 06/28/2025 Exempt
Engineering Technician Hourly $ 37.03 $ 38.88 $ 40.82 $ 42.86 $ 45.01 Monthly $ 6,417.84 $ 6,738.73 $ 7,075.66 $ 7,429.45 $ 7,800.92 Annually $ 77,014.08 $ 80,864.76 $ 84,907.92 $ 89,153.40 $ 93,611.04 City of Ripon 16,036
Effective salary date: 2025
City Engineer Hourly $ 79.71 $ 83.69 $ 87.88 $ 92.27 $ 96.88 Monthly $ 13,815.83 $ 14,506.67 $ 15,232.00 $ 15,993.58 $ 16,793.25 Annually $ 165,790.00 $ 174,080.00 $ 182,784.00 $ 191,923.00 $ 201,519.00 Effective salary date: 2025
Senior Civil Engineer Hourly $ 56.92 $ 59.78 $ 62.76 $ 65.90 $ 69.20 Monthly $ 9,866.33 $ 10,359.67 $ 10,877.58 $ 11,421.50 $ 11,992.58 Annually $ 118,396.00 $ 124,316.00 $ 130,531.00 $ 137,058.00 $ 143,911.00 Effective salary date: 2025
Assistant Civil Engineer Hourly $ 38.53 $ 40.46 $ 42.48 $ 44.61 $ 46.84 Monthly $ 6,677.92 $ 7,011.83 $ 7,362.42 $ 7,730.50 $ 8,117.08 8/28/2025 City Engineer Comp Study Page 1
Item 8.2
Annually $ 80,135.00 $ 84,142.00 $ 88,349.00 $ 92,766.00 $ 97,405.00 Effective salary date: 2025
Associate Civil Engineer 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
Engineer Tech I Hourly $ 31.08 $ 32.64 $ 34.27 $ 35.98 $ 37.78 Monthly $ 5,387.75 $ 5,657.17 $ 5,940.00 $ 6,237.00 $ 6,548.83 Annually $ 64,653.00 $ 67,886.00 $ 71,280.00 $ 74,844.00 $ 78,586.00 Effective salary date: 2025
Engineer Tech II Hourly $ 34.94 $ 36.70 $ 38.53 $ 40.46 $ 42.48 Monthly $ 6,057.08 $ 6,359.92 $ 6,677.92 $ 7,011.83 $ 7,362.42 Annually $ 72,685.00 $ 76,319.00 $ 80,135.00 $ 84,142.00 $ 88,349.00 City of Lathrop 47,031
Effective salary date: 07/5/2025
Engineering Technician I Hourly $ 35.82 $ 37.61 $ 39.50 $ 41.47 $ 43.54 Monthly $ 6,209.00 $ 6,520.00 $ 6,846.00 $ 7,188.00 $ 7,548.00 Annually $ 74,512.00 $ 78,238.00 $ 82,150.00 $ 86,257.00 $ 90,570.00 Effective salary date: 7/5/2025
Engineering Technician II Hourly $ 39.54 $ 41.52 $ 43.59 $ 45.77 $ 48.06 Monthly $ 6,854.00 $ 7,197.00 $ 7,556.00 $ 7,934.00 $ 8,331.00 Annually $ 82,247.00 $ 86,360.00 $ 90,677.00 $ 95,212.00 $ 99,972.00 Effective salary date: 7/5/2025
Junior Engineer Hourly $ 43.65 $ 45.83 $ 48.12 $ 50.53 $ 53.05 Monthly $ 7,565.00 $ 7,944.00 $ 8,341.00 $ 8,758.00 $ 9,196.00 Annually $ 90,786.00 $ 95,325.00 $ 100,091.00 $ 105,095.00 $ 110,351.00 Effective salary date: 7/5/2025
Senior Engineering Technician Hourly $ 43.65 $ 45.83 $ 48.12 $ 50.53 $ 53.05 Monthly $ 7,565.00 $ 7,944.00 $ 8,341.00 $ 8,758.00 $ 9,196.00 Annually $ 90,786.00 $ 95,325.00 $ 100,091.00 $ 105,095.00 $ 110,351.00 Effective salary date: 7/5/2025
Assistant Engineer Hourly $ 50.62 $ 53.15 $ 55.81 $ 58.60 $ 61.53 Monthly $ 8,774.00 $ 9,212.00 $ 9,673.00 $ 10,157.00 $ 10,664.00 Annually $ 105,283.00 $ 110,547.00 $ 116,075.00 $ 121,879.00 $ 127,973.00 Effective salary date: 7/5/2025
Associate Engineer Hourly $ 58.70 $ 61.64 $ 64.72 $ 67.95 $ 71.35 Monthly $ 10,175.00 $ 10,684.00 $ 11,218.00 $ 11,779.00 $ 12,367.00 Annually $ 122,097.00 $ 128,202.00 $ 134,612.00 $ 141,343.00 $ 148,409.00 8/28/2025 City Engineer Comp Study Page 2
Item 8.2
Effective salary date: 7/5/2025
Senior Civil Engineer Hourly $ 64.79 $ 68.03 $ 71.44 $ 75.01 $ 78.76 Monthly $ 11,231.00 $ 11,793.00 $ 12,382.00 $ 13,001.00 $ 13,651.00 Annually $ 134,773.00 $ 141,511.00 $ 148,586.00 $ 156,015.00 $ 163,816.00 Effective salary date: 7/5/2025 Exempt
City Engineer Hourly $ 87.14 $ 91.50 $ 96.07 $ 100.88 $ 105.92 Monthly $ 15,104.00 $ 15,860.00 $ 16,653.00 $ 17,485.00 $ 18,360.00 Annually $ 181,253.00 $ 190,317.00 $ 199,832.00 $ 209,824.00 $ 220,315.00 City of Patterson 25,889
Effective salary date: 7/1/2024
Assistant Engineer Hourly $ 48.44 $ 50.86 $ 53.41 $ 56.08 $ 58.88 Monthly $ 8,396.69 $ 8,816.52 $ 9,257.35 $ 9,720.22 $ 10,206.23 Annually $ 100,760.28 $ 105,798.24 $ 111,088.20 $ 116,642.64 $ 122,474.76 Effective salary date: 7/1/2024
Associate Engineer Hourly $ 53.47 $ 56.14 $ 58.95 $ 61.90 $ 64.99 Monthly $ 9,268.37 $ 9,731.79 $ 10,218.38 $ 10,729.30 $ 11,265.77 Annually $ 111,220.44 $ 116,781.48 $ 122,620.56 $ 128,751.60 $ 135,189.24 Effective salary date: 7/1/2024
Engineering Technician I Hourly $ 28.14 $ 29.55 $ 31.02 $ 32.57 $ 34.20 Monthly $ 4,877.34 $ 5,121.21 $ 5,377.27 $ 5,646.13 $ 5,928.44 Annually $ 58,528.08 $ 61,454.52 $ 64,527.24 $ 67,753.56 $ 71,141.28 Effective salary date: 7/1/2024
Engineering Technician II Hourly $ 31.06 $ 32.61 $ 34.24 $ 35.96 $ 37.75 Monthly $ 5,383.67 $ 5,652.85 $ 5,935.50 $ 6,232.27 $ 6,543.89 Annually $ 64,604.04 $ 67,834.20 $ 71,226.00 $ 74,787.24 $ 78,526.68 Effective salary date: 7/1/2024
Senior Civil Engineer Hourly $ 59.02 $ 61.97 $ 65.07 $ 68.33 $ 71.74 Monthly $ 10,230.55 $ 10,742.08 $ 11,279.18 $ 11,843.14 $ 12,435.30 Annually $ 122,766.60 $ 128,904.96 $ 135,350.16 $ 142,117.68 $ 149,223.60 City of Kerman 18,037
Effective salary date: 08/2025
*Engineer contracted out*
City of Mendota 12,491
*City Engineer contracted*
City of Atwater 32,132
Effective salary date: 06/19/2025
City Engineer Hourly $ 49.20 $ 51.66 $ 54.25 $ 56.96 $ 59.81 $ 62.80 8/28/2025 City Engineer Comp Study Page 3
Item 8.2
Monthly $ 8,528.42 $ 8,954.84 $ 9,402.58 $ 9,872.71 $ 10,366.34 $ 10,884.66 Annually $ 102,340.99 $ 107,458.04 $ 112,830.94 $ 118,472.49 $ 124,396.12 $ 130,615.92 Effective salary date: 06/19/2025
Civil Engineering Assistant Hourly $ 29.05 $ 30.50 $ 32.02 $ 33.63 $ 35.31 $ 37.07 Monthly $ 5,034.76 $ 5,286.50 $ 5,550.83 $ 5,828.37 $ 6,119.79 $ 6,425.78 Annually $ 60,417.18 $ 63,438.04 $ 66,609.94 $ 69,940.44 $ 73,437.46 $ 77,109.33 City of Los Banos 50,463
Effective salary date: 07/1/2025
City Engineer Hourly $ 81.80 $ 85.89 $ 90.18 $ 94.70 $ 99.43 $ 104.41 Monthly $ 14,179.00 $ 14,888.00 $ 15,632.00 $ 16,414.00 $ 17,235.00 $ 18,097.00 Annually $ 170,148.00 $ 178,656.00 $ 187,584.00 $ 196,968.00 $ 206,820.00 $ 217,164.00 Effective salary date: 07/1/2025
Assistant City Engineer Hourly $ 74.75 $ 78.48 $ 82.41 $ 86.53 $ 90.85 $ 95.39 Monthly $ 12,956.00 $ 13,604.00 $ 14,284.00 $ 14,998.00 $ 15,748.00 $ 16,535.00 Annually $ 155,472.00 $ 163,248.00 $ 171,408.00 $ 179,976.00 $ 188,976.00 $ 198,420.00 City of Oakdale 22,931
*City Engineer contracted out*
Effective salary date: 07/1/2025
Senior Engineering Tech Hourly $ 35.07 $ 39.03 $ 40.95 $ 42.89 $ 44.93 Monthly $ 6,079.38 $ 6,765.94 $ 7,097.45 $ 7,433.87 $ 7,788.26 Annually $ 72,952.56 $ 81,191.28 $ 85,169.40 $ 89,206.44 $ 93,459.12 8/28/2025 City Engineer Comp Study Page 4
Item 8.2
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: 07/1/2024 Exempt
Senior Planner Hourly $ 41.03 $ 42.06 $ 43.11 $ 44.19 $ 45.29 $ 46.42 $ 47.58 $ 48.77 $ 49.99 $ 51.24 $ 52.52 Monthly $ 7,111.87 $ 7,290.40 $ 7,472.40 $ 7,659.60 $ 7,850.27 $ 8,046.13 $ 8,247.20 $ 8,453.47 $ 8,664.93 $ 8,881.60 $ 9,103.47 Annually $ 85,342.40 $ 87,484.80 $ 89,668.80 $ 91,915.20 $ 94,203.20 $ 96,553.60 $ 98,966.40 $ 101,441.60 $ 103,979.20 $ 106,579.20 $ 109,241.60 City of El Segundo 15,931
Effective salary date: 06/28/2025 Exempt
Assistant Planner Hourly $ 37.95 $ 39.85 $ 41.84 $ 43.93 $ 46.13 Monthly $ 6,578.29 $ 6,907.20 $ 7,252.57 $ 7,615.19 $ 7,995.95 Annually $ 78,939.49 $ 82,886.42 $ 87,030.80 $ 91,382.32 $ 95,951.40 Effective salary date: 06/28/2025 Exempt
Planning Technician Hourly $ 29.65 $ 31.13 $ 32.69 $ 34.32 $ 36.04 Monthly $ 5,138.96 $ 5,395.90 $ 5,665.69 $ 5,948.98 $ 6,246.43 Annually $ 61,667.49 $ 64,750.76 $ 67,988.33 $ 71,387.71 $ 74,957.17 City of Ripon 16,036
Effective salary date: 2025
Director of Planning and Econ. Dev. Hourly $ 79.71 $ 81.70 $ 83.74 $ 85.83 $ 87.98 Monthly $ 13,815.83 $ 14,161.25 $ 14,515.25 $ 14,878.17 $ 15,250.08 Annually $ 165,790.00 $ 169,935.00 $ 174,183.00 $ 178,538.00 $ 183,001.00 City of King 14,293
Effective salary date: 1/1/2025 Exempt
Planning Technician Hourly $ 28.17 $ 29.58 $ 31.06 $ 32.61 $ 34.24 $ 35.95 $ 37.75 Monthly $ 4,882.66 $ 5,126.80 $ 5,383.14 $ 5,652.29 $ 5,934.91 $ 6,231.65 $ 6,543.24 Annually $ 58,591.96 $ 61,521.56 $ 64,597.64 $ 67,827.52 $ 71,218.89 $ 74,779.84 $ 78,518.83 City of Lathrop 47,031
Effective salary date: 7/5/2025
Planning Technician I Hourly $ 35.82 $ 37.61 $ 39.50 $ 41.47 $ 43.54 Monthly $ 6,209.00 $ 6,520.00 $ 6,846.00 $ 7,188.00 $ 7,548.00 Annually $ 74,512.00 $ 78,238.00 $ 82,150.00 $ 86,257.00 $ 90,570.00 Effective salary date: 7/5/2025
Planning Technician II Hourly $ 39.54 $ 41.52 $ 43.59 $ 45.77 $ 48.06 Monthly $ 6,854.00 $ 7,197.00 $ 7,556.00 $ 7,934.00 $ 8,331.00 Annually $ 82,247.00 $ 86,360.00 $ 90,677.00 $ 95,212.00 $ 99,972.00 Effective salary date: 7/5/2025
Assistant Planner Hourly $ 43.65 $ 45.83 $ 48.12 $ 50.53 $ 53.05 Monthly $ 7,565.00 $ 7,944.00 $ 8,341.00 $ 8,758.00 $ 9,196.00 Annually $ 90,786.00 $ 95,325.00 $ 100,091.00 $ 105,095.00 $ 110,351.00 Effective salary date: 7/5/2025
Associate Planner Hourly $ 49.38 $ 51.85 $ 54.44 $ 57.17 $ 60.02 8/28/2025 City Planner Comp Study Page 1
Item 8.2
Monthly $ 8,560.00 $ 8,988.00 $ 9,437.00 $ 9,909.00 $ 10,404.00 Annually $ 102,716.00 $ 107,852.00 $ 113,244.00 $ 118,906.00 $ 124,851.00 Effective salary date: 7/5/2025
Senior Planner Hourly $ 57.27 $ 60.13 $ 63.14 $ 66.30 $ 69.61 Monthly $ 9,927.00 $ 10,423.00 $ 10,944.00 $ 11,491.00 $ 12,066.00 Annually $ 119,119.00 $ 125,075.00 $ 131,329.00 $ 137,895.00 $ 144,789.00 Effective salary date: 7/5/2025 Exempt
Chief Planning Official Hourly $ 75.14 $ 78.90 $ 82.84 $ 86.99 $ 91.34 Monthly $ 13,025.00 $ 13,676.00 $ 14,360.00 $ 15,078.00 $ 15,831.00 Annually $ 156,294.00 $ 164,109.00 $ 172,314.00 $ 180,930.00 $ 189,977.00 Effective salary date: 7/5/2025
Chief Planning Official II Hourly $ 77.02 $ 80.87 $ 84.92 $ 89.16 $ 93.62 Monthly $ 13,350.00 $ 14,018.00 $ 14,719.00 $ 15,455.00 $ 16,227.00 Annually $ 160,202.00 $ 168,212.00 $ 176,624.00 $ 185,454.00 $ 194,727.00 City of Patterson 25,889
Effective salary date: 7/1/2024
Associate Planner Hourly $ 38.79 $ 40.73 $ 42.77 $ 44.90 $ 47.15 Monthly $ 6,723.47 $ 7,059.64 $ 7,412.62 $ 7,783.25 $ 8,172.42 Annually $ 80,681.64 $ 84,715.68 $ 88,951.44 $ 93,399.00 $ 98,069.04 Effective salary date: 7/1/2024
Assistant Planner Hourly $ 35.14 $ 36.90 $ 38.74 $ 40.68 $ 42.71 Monthly $ 6,091.13 $ 6,395.69 $ 6,715.47 $ 7,051.24 $ 7,403.81 Annually $ 73,093.56 $ 76,748.28 $ 80,585.64 $ 84,614.88 $ 88,845.72 Effective salary date: 7/1/2024
City Planner Hourly $ 57.58 $ 60.46 $ 63.49 $ 66.66 $ 69.99 Monthly $ 9,981.03 $ 10,480.08 $ 11,004.08 $ 11,554.28 $ 12,132.00 Annually $ 119,772.36 $ 125,760.96 $ 132,048.96 $ 138,651.36 $ 145,584.00 Effective salary date: 7/5/2025
Senior Planner Hourly $ 42.82 $ 44.96 $ 47.20 $ 49.56 $ 52.04 Monthly $ 7,421.45 $ 7,792.52 $ 8,182.15 $ 8,591.26 $ 9,020.82 Annually $ 89,057.40 $ 93,510.24 $ 98,185.80 $ 103,095.12 $ 108,249.84 City of Kerman 18,037
*No city planner*
Effective salary date: 08/2025 Exempt
Associate Planner Hourly $ 33.19 $ 34.85 $ 36.59 $ 38.42 $ 40.34 $ 42.36 $ 44.48 Monthly $ 5,753.00 $ 6,041.00 $ 6,343.00 $ 6,660.00 $ 6,993.00 $ 7,342.00 $ 7,710.00 Annually $ 69,036.00 $ 72,492.00 $ 76,116.00 $ 79,920.00 $ 83,916.00 $ 88,104.00 $ 92,520.00 Effective salary date: 08/2025 Exempt
8/28/2025 City Planner Comp Study Page 2
Item 8.2
Assistant Planner Hourly $ 30.04 $ 31.54 $ 33.12 $ 34.78 $ 36.51 $ 38.34 $ 40.26 Monthly $ 5,207.00 $ 5,467.00 $ 5,740.00 $ 6,028.00 $ 6,329.00 $ 6,645.00 $ 6,978.00 Annually $ 62,484.00 $ 65,604.00 $ 68,880.00 $ 72,336.00 $ 75,948.00 $ 79,740.00 $ 83,736.00 City of Mendota 12,491
*City Planner contracted*
City of Atwater 32,132
Effective salary date: 06/19/2025
Assistant Planner Hourly $ 26.42 $ 27.74 $ 29.12 $ 30.58 $ 32.11 $ 33.71 Monthly $ 4,578.67 $ 4,807.61 $ 5,047.99 $ 5,300.39 $ 5,565.41 $ 5,843.68 Annually $ 54,944.07 $ 57,691.28 $ 60,575.84 $ 63,604.63 $ 66,784.86 $ 70,124.11 Effective salary date: 06/19/2025
Associate Planner Hourly $ 28.46 $ 29.89 $ 31.38 $ 32.95 $ 34.60 $ 36.33 Monthly $ 4,933.57 $ 5,180.25 $ 5,439.26 $ 5,711.23 $ 5,996.79 $ 6,296.63 Annually $ 59,202.87 $ 62,163.02 $ 65,271.17 $ 68,534.73 $ 71,961.46 $ 75,559.54 Effective salary date: 06/19/2025
Senior Planner Hourly $ 35.40 $ 37.17 $ 39.03 $ 40.98 $ 43.03 $ 45.18 Monthly $ 6,135.92 $ 6,442.71 $ 6,764.85 $ 7,103.09 $ 7,458.25 $ 7,831.16 Annually $ 73,631.00 $ 77,312.55 $ 81,178.18 $ 85,237.09 $ 89,498.94 $ 93,973.89 City of Los Banos 50,463
Effective salary date: 07/1/2025
Associate Planner Hourly $ 38.43 $ 40.35 $ 42.37 $ 44.49 $ 46.71 $ 49.05 Monthly $ 6,661.00 $ 6,994.00 $ 7,344.00 $ 7,711.00 $ 8,097.00 $ 8,502.00 Annually $ 79,932.00 $ 83,928.00 $ 88,128.00 $ 92,532.00 $ 97,164.00 $ 102,024.00 Effective salary date: 07/1/2025
Assistant Planner Hourly $ 31.31 $ 32.87 $ 34.52 $ 36.24 $ 38.05 $ 39.96 Monthly $ 5,427.00 $ 5,698.00 $ 5,983.00 $ 6,282.00 $ 6,596.00 $ 6,926.00 Annually $ 65,124.00 $ 68,376.00 $ 71,796.00 $ 75,384.00 $ 79,152.00 $ 83,112.00 Effective salary date: 07/1/2025
Senior Planner Hourly $ 45.04 $ 47.29 $ 49.66 $ 52.14 $ 54.74 $ 57.48 Monthly $ 7,807.00 $ 8,197.00 $ 8,607.00 $ 9,037.00 $ 9,489.00 $ 9,963.00 Annually $ 93,684.00 $ 98,364.00 $ 103,284.00 $ 108,444.00 $ 113,868.00 $ 119,556.00 City of Oakdale 22,931
*City Planner contracted out*
8/28/2025 City Planner Comp Study Page 3
Item 8.2
Proposal (All)
Sum of Amount Column Labels
Row Labels Building Inspector City Engineer City Planner Permit Technician Senior Administrative Analyst/Comm.Devlop. Grand Total A_Salaries $ 89,766.85 $ 167,205.25 $ 166,082.05 $ 55,675.65 $ 67,743.49 $ 546,473.30 B_Special Pay $ 9,950.26 $ 9,950.26
D_Health Care $ 29,745.22 $ 29,745.22 $ 29,745.22 $ 27,514.32 $ 27,514.32 $ 144,264.30 F_Salaries - Overtime $ 454.55 $ 454.55 $ 909.09
G_Group Insurance $ 5,150.17 $ 5,367.00 $ 5,363.85 $ 5,054.72 $ 5,088.51 $ 26,024.25 I_FICA-Medicare $ 1,301.62 $ 2,424.48 $ 2,408.19 $ 813.89 $ 1,133.15 $ 8,081.32 J_PERS - Employer Contribution $ 7,196.18 $ 13,275.09 $ 13,186.92 $ 4,520.02 $ 6,248.44 $ 44,426.65 L_Unemployment Insurance $ 203.00 $ 203.00 $ 203.00 $ 203.00 $ 203.00 $ 1,015.00 M_Workers' Compensation $ 353.43 $ 663.19 $ 658.69 $ 217.07 $ 265.34 $ 2,157.72 S_Employment Training Tax $ 7.00 $ 7.00 $ 7.00 $ 7.00 $ 7.00 $ 35.00 Grand Total $ 133,723.47 $ 218,890.22 $ 217,654.93 $ 94,460.21 $ 118,608.06 $ 783,336.89 8/28/2025 Cost Detail Step A Page 1
Item 8.2
Proposal (All)
Sum of Amount Column Labels
Row Labels Building Inspector City Engineer City Planner Permit Technician Senior Administrative Analyst/Comm.Devlop. Grand Total A_Salaries $ 108,808.64 $ 202,935.50 $ 201,570.24 $ 67,370.57 $ 85,059.85 $ 665,744.80 B_Special Pay $ 12,547.71 $ 12,547.71
D_Health Care $ 29,745.22 $ 29,745.22 $ 29,745.22 $ 27,514.32 $ 27,514.32 $ 144,264.30 F_Salaries - Overtime $ 454.55 $ 454.55 $ 909.09
G_Group Insurance $ 5,203.49 $ 5,467.04 $ 5,463.22 $ 5,087.46 $ 5,136.99 $ 26,358.21 I_FICA-Medicare $ 1,577.73 $ 2,942.56 $ 2,922.77 $ 983.46 $ 1,421.90 $ 9,848.42 J_PERS - Employer Contribution $ 8,690.96 $ 16,079.92 $ 15,972.74 $ 5,438.07 $ 7,811.67 $ 53,993.37 L_Unemployment Insurance $ 203.00 $ 203.00 $ 203.00 $ 203.00 $ 203.00 $ 1,015.00 M_Workers' Compensation $ 429.60 $ 806.11 $ 800.65 $ 263.85 $ 334.61 $ 2,634.81 S_Employment Training Tax $ 7.00 $ 7.00 $ 7.00 $ 7.00 $ 7.00 $ 35.00 Grand Total $ 154,665.63 $ 258,186.35 $ 256,684.84 $ 107,322.29 $ 140,491.61 $ 917,350.71 8/28/2025 Cost Detail Step E Page 1
Item 8.2
City Population Type Exempt or Non-Exempt A B C D E F G City of Chowchilla 19,669
Effective salary date: 07/1/2025
Permit Technician I Hourly Non-exempt $ 25.41 $ 26.05 $ 26.70 $ 27.37 $ 28.05 $ 28.75 $ 29.47 $ 30.21 $ 30.97 $ 31.74 $ 32.53 Monthly $ 4,404.40 $ 4,515.33 $ 4,628.00 $ 4,744.13 $ 4,862.00 $ 4,983.33 $ 5,108.13 $ 5,236.40 $ 5,368.13 $ 5,501.60 $ 5,638.53 Annually $ 52,852.80 $ 54,184.00 $ 55,536.00 $ 56,929.60 $ 58,344.00 $ 59,800.00 $ 61,297.60 $ 62,836.80 $ 64,417.60 $ 66,019.20 $ 67,662.40 Permit Technician II Hourly Non-exempt $ 28.76 $ 29.48 $ 30.22 $ 30.98 $ 31.75 $ 32.54 $ 33.35 $ 34.18 $ 35.03 $ 35.91 $ 36.81 Monthly $ 4,985.07 $ 5,109.87 $ 5,238.13 $ 5,369.87 $ 5,503.33 $ 5,640.27 $ 5,780.67 $ 5,924.53 $ 6,071.87 $ 6,224.40 $ 6,380.40 Annually $ 59,820.80 $ 61,318.40 $ 62,857.60 $ 64,438.40 $ 66,040.00 $ 67,683.20 $ 69,368.00 $ 71,094.40 $ 72,862.40 $ 74,692.80 $ 76,564.80 City of El Segundo 15,931
Effective salary date: 06/28/2025 Exempt
License/Permit Specialist I Hourly $ 25.57 $ 26.84 $ 28.19 $ 29.59 $ 31.07 Monthly $ 4,431.28 $ 4,652.85 $ 4,885.50 $ 5,129.77 $ 5,386.26 Annually $ 53,175.41 $ 55,834.23 $ 58,625.97 $ 61,557.24 $ 64,635.16 Effective salary date: 06/28/2025 Exempt
License/Permit Specialist II Hourly $ 28.92 $ 30.37 $ 31.89 $ 33.48 $ 35.16 Monthly $ 5,013.61 $ 5,264.28 $ 5,527.50 $ 5,803.88 $ 6,094.07 Annually $ 60,163.34 $ 63,171.38 $ 66,330.01 $ 69,646.51 $ 73,128.90 Effective salary date: 06/28/2025 Exempt
License/Permit Specialist III Hourly $ 34.38 $ 36.10 $ 37.91 $ 39.80 $ 41.79 Monthly $ 5,959.61 $ 6,257.59 $ 6,570.47 $ 6,898.99 $ 7,243.94 Annually $ 71,515.27 $ 75,091.10 $ 78,845.66 $ 82,787.88 $ 86,927.30 City of Ripon 16,036
Effective salary date: 2025
Secretary/Bookkeeper Hourly $ 30.19 $ 31.70 $ 33.29 $ 34.95 $ 36.70 Monthly $ 5,232.33 $ 5,493.92 $ 5,768.67 $ 6,057.08 $ 6,359.92 Annually $ 62,788.00 $ 65,927.00 $ 69,224.00 $ 72,685.00 $ 76,319.00 City of Lathrop 47,031
Effective salary date: 7/5/2025
Permit Technician I Hourly $ 33.27 $ 34.93 $ 36.68 $ 38.51 $ 40.43 Monthly $ 5,766.00 $ 6,054.00 $ 6,357.00 $ 6,675.00 $ 7,009.00 Annually $ 69,191.00 $ 72,652.00 $ 76,284.00 $ 80,098.00 $ 84,103.00 Effective salary date: 7/5/2025
Permit Technician II Hourly $ 36.72 $ 38.56 $ 40.48 $ 42.51 $ 44.63 Monthly $ 6,364.58 $ 6,682.92 $ 7,017.00 $ 7,367.83 $ 7,736.25 Annually $ 76,375.00 $ 80,195.00 $ 84,204.00 $ 88,414.00 $ 92,835.00 Effective salary date: 7/5/2025
Permit Technician III Hourly $ 40.53 $ 42.56 $ 44.69 $ 46.92 $ 49.27 8/28/2025 Permit Technician Comp Study Page 1
Item 8.2
Monthly $ 7,025.00 $ 7,377.00 $ 7,745.00 $ 8,133.00 $ 8,539.00 Annually $ 84,304.00 $ 88,519.00 $ 92,945.00 $ 97,592.00 $ 102,471.00 Effective salary date: 7/5/2025
Permit and Plan Check Supervisor Hourly $ 55.87 $ 58.67 $ 61.60 $ 64.68 $ 67.91 Monthly $ 9,684.00 $ 10,169.00 $ 10,677.00 $ 11,211.00 $ 11,772.00 Annually $ 116,213.00 $ 122,024.00 $ 128,125.00 $ 134,532.00 $ 141,259.00 City of Patterson 25,889
Effective salary date: 7/1/2024
Permit Technician I Hourly $ 24.26 $ 25.48 $ 26.75 $ 28.09 $ 29.49 Monthly $ 4,205.72 $ 4,416.00 $ 4,636.80 $ 4,868.64 $ 5,112.07 Annually $ 50,468.64 $ 52,992.00 $ 55,641.60 $ 58,423.68 $ 61,344.84 Effective salary date: 7/1/2024
Permit Technician II Hourly $ 26.78 $ 28.12 $ 29.53 $ 31.00 $ 32.55 Monthly $ 4,642.32 $ 4,874.44 $ 5,118.16 $ 5,374.07 $ 5,642.77 Annually $ 55,707.84 $ 58,493.28 $ 61,417.92 $ 64,488.84 $ 67,713.24 City of Kerman 18,037
Effective salary date: 08/2025 Exempt
Permit Technician I Hourly $ 23.88 $ 25.08 $ 26.34 $ 27.65 $ 29.03 $ 30.48 $ 32.01 Monthly $ 4,140.00 $ 4,347.00 $ 4,565.00 $ 4,793.00 $ 5,032.00 $ 5,284.00 $ 5,548.00 Annually $ 49,680.00 $ 52,164.00 $ 54,780.00 $ 57,516.00 $ 60,384.00 $ 63,408.00 $ 66,576.00 Effective salary date: 08/2025 Exempt
Permit Technician II Hourly $ 25.10 $ 26.36 $ 27.68 $ 29.06 $ 30.51 $ 32.04 $ 33.64 Monthly $ 4,351.00 $ 4,569.00 $ 4,797.00 $ 5,037.00 $ 5,289.00 $ 5,553.00 $ 5,831.00 Annually $ 52,212.00 $ 54,828.00 $ 57,564.00 $ 60,444.00 $ 63,468.00 $ 66,636.00 $ 69,972.00 City of Mendota 12,491
*No permit tech*
City of Atwater 32,132
Effective salary date: 06/19/2025
Building Permit Technician I Hourly $ 20.76 $ 21.79 $ 22.88 $ 24.03 $ 25.23 $ 26.49 Monthly $ 3,597.62 $ 3,777.50 $ 3,966.38 $ 4,164.69 $ 4,372.93 $ 4,591.58 Annually $ 43,171.44 $ 45,330.01 $ 47,596.51 $ 49,976.34 $ 52,475.16 $ 55,098.91 Effective salary date: 06/19/2025
Building Permit Technician II Hourly $ 22.88 $ 24.03 $ 25.23 $ 26.49 $ 27.81 $ 29.21 Monthly $ 3,966.38 $ 4,164.70 $ 4,372.94 $ 4,591.58 $ 4,821.16 $ 5,062.22 Annually $ 47,596.60 $ 49,976.43 $ 52,475.25 $ 55,099.01 $ 57,853.96 $ 60,746.66 City of Los Banos 50,463
*No permit tech*
8/28/2025 Permit Technician Comp Study Page 2
Item 8.2
City of Oakdale 22,931
Effective salary date: 07/1/2025
Building Permit Technician Hourly $ 25.39 $ 26.54 $ 27.79 $ 29.06 $ 30.43 Monthly $ 4,400.15 $ 4,600.70 $ 4,816.21 $ 5,037.73 $ 5,274.18 Annually $ 52,801.80 $ 55,208.40 $ 57,794.52 $ 60,452.76 $ 63,290.16 Hourly Average $ 26.09 $ 27.30 $ 28.58 $ 29.91 $ 31.30
Monthly $ 4,522.36 $ 4,748.48 $ 4,985.91 $ 5,235.20 $ 5,496.96 Annually $ 54,268.36 $ 56,786.70 $ 59,438.87 $ 62,204.94 $ 65,112.83 8/28/2025 Permit Technician Comp Study Page 3
Item 8.2
From: Japjeet Singh
To: Jose A. Ramirez; Happy Bains
Cc: Jose Moran
Subject: Contract Planner/Engineers vs Full Time Planner/Engineers Date: Friday, August 15, 2025 9:56:55 AM
Good morning,
I just spoke with Mr. Moran, he is on board with moving this item past the August 19th meeting. Let's shoot for first meeting in September (9/2/25) to bring this back.

I request the following information be presented when this item comes back:

1. All money paid to contract planner(s) and contract engineer(s) from FY 18-19 to present (including the funds they were paid out from).
a. As discussed, five (5) years is generally good reference; however, the early 2020s were not as productive of a time and skew the sample.

2. All money expected to be paid to contract planner(s) and engineer(s) in the next three (3) Fiscal Years (FY 25-26, FY 26-27, FY 27-28).

3. Total number of hours contract planner(s) and engineer(s) have invoiced the City from FY 18-19 present.
a. It would be helpful to have a yearly total for each Fiscal Year and break that down to an average weekly number for both Departments.

4. Cost estimate to have in-house planner(s) and engineer(s) at City Hall. a. Mr. Ramirez, you mentioned over the phone that we may need multiple staff members to fulfill multidisciplinary needs. Is it possible to compare different inhouse models which might look like:
i. Multiple staff who have niche expertise (assuming 3-4 are needed) i. One-two staff who have multidisciplinary expertise

5. Cost comparison for in-house model(s) vs contract model for the next three (3) Fiscal Years.

Item 8.2
Please let me know if any clarification is needed. Thank you for your time.

Japjeet
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Item 8.2
Fiscal Year 2018 Fiscal Year 2019 Fiscal Year 2020 Fiscal Year 2021 Fiscal Year 2022 Fiscal Year 2023 Fiscal Year 2024 Fiscal Year 2025 Fund Fund Name July 2017 - June 2018 July 2018 - June 2019 July 2019 - June 2020 July 2020 - June 2021 July 2021 - June 2022 July 2022 - June 2023 July 2023 - June 2024 July 2024 - June 2025 Totals 1100 General Fund $ 217,398.88 $ 26,131.27 $ 16,991.16 $ 6,424.41 $ 17,090.26 $ 21,791.07 $ 36,581.10 $ 31,260.79 $ 373,668.94 1120 Community Development Fund $ - $ 131,424.93 $ 89,741.89 $ 81,976.89 $ 124,470.61 $ 184,329.87 $ 202,344.45 $ 299,694.05 $ 1,113,982.69 1200 Gas Tax Fund $ 472.50 $ 89.25 $ 111.56 $ - $ - $ - $ - $ - $ 673.31 1201 Transportion Development Act Fund $ 14,663.26 $ 32,763.09 $ - $ 38,568.75 $ - $ - $ - $ - $ 85,995.10 1202 Regional Surface Transportation Program (RSTP) Fund $ 295.31 $ - $ - $ - $ - $ - $ - $ - $ 295.31 1212 Benefit Assessment Districts (BAD) Fund $ 283.50 $ - $ - $ - $ - $ - $ - $ - $ 283.50 1213 Community Facilities District (CFD) 2005-1 Fund $ 58.13 $ - $ - $ - $ - $ - $ - $ 13,493.73 $ 13,551.86 1221 Measure V 80% Other Transportation Needs Fund $ 4,740.58 $ - $ 94,412.82 $ 59,098.16 $ 35,261.06 $ 11,673.28 $ 40,020.92 $ 17,252.25 $ 262,459.07 1223 Road Maint. & Rehab (RMRA) $ - $ - $ - $ - $ - $ - $ - $ 17,252.21 $ 17,252.21 1224 Measure V Regional Improvements Fund $ - $ - $ - $ - $ 546.00 $ 2,596.13 $ 656.25 $ 4,665.21 $ 8,463.59 1300 Grant Capital Expenditures Fund $ 26,406.50 $ 19,958.25 $ 115,543.83 $ 54,886.01 $ 142,865.60 $ 51,418.42 $ 57,163.68 $ 21,244.07 $ 489,486.36 1301 General Capital Expenditures Fund $ - $ - $ - $ - $ - $ 44,197.32 $ - $ 1,346.80 $ 45,544.12 2000 Fire Protection Development Impact Fees Fund $ - $ - $ 283.08 $ 440.43 $ 284.79 $ - $ - $ - $ 1,008.30 2001 Police Development Impact Fees Fund $ - $ - $ 283.08 $ 373.49 $ 284.79 $ - $ - $ - $ 941.36 2002 Municipal Facilities Development Impact Fees Fund $ - $ - $ 283.09 $ 440.43 $ 284.80 $ - $ - $ 211.31 $ 1,219.63 2003 Parks Development Impact Fees Fund $ - $ - $ 283.09 $ 440.43 $ 284.80 $ - $ - $ - $ 1,008.32 2004 Streets and Bridges Development Impact Fees $ 5,780.62 $ 1,838.81 $ 283.10 $ 979.87 $ 284.81 $ - $ - $ - $ 9,167.21 2005 Storm Drainage Development Impact Fees Fund $ - $ - $ 283.08 $ 912.93 $ 284.81 $ - $ - $ - $ 1,480.82 2100 Water Operations Fund $ 54,304.89 $ 84,695.98 $ 63,443.88 $ 53,770.78 $ 113,158.91 $ 126,433.08 $ 93,746.77 $ 138,278.70 $ 727,832.99 2101 Wastewater Operations Fund $ 33,800.03 $ 29,569.25 $ 14,481.27 $ 16,271.74 $ 24,882.98 $ 35,920.06 $ 33,514.17 $ 208,977.97 $ 397,417.47 2102 Industrial Wastewater Fund $ - $ - $ - $ - $ - $ 1,417.50 $ - $ - $ 1,417.50 2103 Sanitation Fund $ 11,869.92 $ - $ 149.31 $ - $ - $ - $ - $ - $ 12,019.23 2104 Water Capital Projects Fund $ 205,762.21 $ 241,890.94 $ 56,758.51 $ 912.92 $ 599.82 $ 1,762.68 $ 58,133.10 $ 73,443.81 $ 639,263.99 2105 Wastewater Capital Projects Fund $ - $ - $ 172,283.09 $ 20,371.73 $ 186,268.50 $ 48,599.92 $ 32,169.08 $ 18,342.98 $ 478,035.30 2106 TCP Settlement Fund $ - $ 29,587.00 $ 178,805.96 $ 166,538.53 $ 57,372.21 $ 49,335.05 $ 5,480.23 $ 54,766.98 $ 541,885.96 9000 Developments $ 14,272.71 $ 19,705.51 $ 1,045.56 $ - $ - $ - $ - $ - $ 35,023.78 Grand Total $ 590,109.04 $ 617,654.28 $ 805,467.36 $ 502,407.50 $ 704,224.75 $ 579,474.38 $ 559,809.75 $ 900,230.86 $ 5,259,377.92 Fiscal Year Projected
Estimated Total
Number of Hours Average Weekly Hours
2026 $ 945,242.40 Fiscal Year 2019-2020 3,744.84 72.02
2027 $ 992,504.52 Fiscal year 2020-2021 3,618.86 69.59
2028 $ 1,042,129.75 Fiscal Year 2021-2022 4,533.37 87.18 Fiscal Year 2022- 2023 3,250.01 62.50
Estimated 5% increase each year for the projected Fiscal Years Fiscal Year 2023- 2024 4,055 77.98 Fiscal Year 2024-2025 5,481.75 105.42
** Travel/Mileage and costs are not part of this analysis ** Gouveia Engineering Services
Fiscal Year 2018 - 2025
Questions 1-3
Item 8.2
Fund Department FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 FY2024 FY2025 1100 General Fund - Building $351,782.70
1120 Community Development - Building $277,247.91 $277,042.66 $253,588.07 $283,706.73 $171,680.66 $311,342.90 $271,637.47 Totals $351,782.70 $277,247.91 $277,042.66 $253,588.07 $283,706.73 $171,680.66 $311,342.90 $271,637.47 Fiscal Year Consultant Fiscal Year Projected
2017-2018 4 Leaf and West Coast Consultants 2026 $ 288,491.32 2018-2019 West Coast Consultants 2027 $ 302,915.89
2019-2020 West Coast Consultants 2028 $ 318,061.68
2020-2021 West Coast Consultants Estimated 5% increase each year for the projected Fiscal Years 2021-2022 West Coast Consultants
2022-2023 West Coast Consultants
2023-2024 West Coast Consultants and CSG Consultants
2024-2025 CSG Consultants Estimated Total Number of Hours Average Weekly Hours Fiscal Year 2019-2020 2,080.00 40.00
Fiscal year 2020-2021 2,080.00 40.00
Fiscal Year 2021-2022 2,080.00 40.00
Fiscal Year 2022- 2023 2,080.00 40.00
Fiscal Year 2023- 2024 1,700.00 32.69
Fiscal Year 2024-2025 1,820.00 35.00
** This is for the Building Permit Tech and Building Inspector ** Community Development - Building Department
Fiscal Year 2018 - 2025
Questions 1-3
Item 8.2
Fund Department FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 FY2024 FY2025 1100 General Fund - Planning $98,525.00
1120 Community Development - Planning $99,525.00 $112,371.00 $99,697.50 $126,668.96 $175,025.28 $76,816.85 $210,426.20 Totals $98,525.00 $99,525.00 $112,371.00 $99,697.50 $126,668.96 $175,025.28 $76,816.85 $210,426.20 Fiscal Year Consultant Fiscal Year Projected
2017-2018 Collins & Schoettler 2026 $ 131,126.07
2018-2019 Collins & Schoettler 2027 $ 137,682.37
2019-2020 Collins & Schoettler 2028 $ 144,566.49
2020-2021 Collins & Schoettler Estimated 5% increase each year for the projected Fiscal Years 2021-2022 Collins & Schoettler and JB Anderson
2022-2023 JB Anderson
2023-2024 JB Anderson
2024-2025 JB Anderson Estimated Total Number of Hours Average Weekly Hours Fiscal Year 2019-2020 1,029.70 19.80
Fiscal year 2020-2021 986.75 18.98
Fiscal Year 2021-2022 575.15 11.06
Fiscal Year 2022- 2023 1,416.20 27.23
Fiscal Year 2023- 2024 745.00 14.33
Fiscal Year 2024-2025 1,141.30 21.95
** Only for the Planner **
Community Development - Planning Department
Fiscal Year 2018-2025
Questions 1-3
Item 8.2
Question 4
Item 8.2
Item 8.2
Item 8.2

ENGINEERING ORGANIZATIONAL CHART
City Manager
City Engineer Alternate City
Engineer
Public Works
Director
Reports, Regulatory Capital Projects Private Development Compliance,
Coordination, Meetings,
Planning Documents
Funding Procurement
Yearly Reports
Technical Studies
Water/Sewer Assessments
QAP
ADA Compliance
Feasibility Studies
Master Plans
CIP
PER's
PSR's
AB1600
Grant Administration
and
Management
Grant Applications
Water
Pre-Entitlement
Site Plan Review
Conditions of
Approval
Mapping
Tentative Maps
Parcel Maps
Final Maps
Surveying
Improvement
Plans
Review/Approve
Plans and
Estimate
Construction
Inspection
Water Resources Transportation Permits
Streets,
Pedestrian
Facilities
Geodetic
Information
Environmental, Design, Plans, Specifications, Estimates, Contract Documents Bidding/Award
Contract
Administration
Construction
Management
Storm
Drainage Wastewater
Collection/
Disposal
Treatment
Regulatory
Compliance
Production
Treatment
Regulatory
Compliance
Collection/Conveyance
Treatment
Regulatory Compliance
Item 8.2

Livingston City CouncilOctober 21, 2025

Livingston City Council
October 21, 2025