Livingston City Council
January 6, 2026

CITY COUNCIL SPECIAL AND REGULAR

AMENDED MEETING AGENDA
JANUARY 6, 2026
SPECIAL MEETING:

REGULAR MEETING:
6:00 P.M. -7:00 P.M
7:00 P.M.

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

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

ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB ZmQZIHELh-ECEPZ2VwZg Notice is hereby given that the City Council will hold a Special and Regular Meeting on January 6, 2026, at the City Council Chambers, 663 Main Street, Livingston, California. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received bv 2:00 p.m. on the day of the City Council meeting in order for them to be distributed to the Council prior to consideration of the matter.

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

1. Call to Order

2. Roll Call

3. Pledge of Allegiance.

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

5. Citizen Comments

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

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

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

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

7. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9, subdivision (d)(l): John Markle v. City of Livingston, et al., Case No. 23CV-01647.

8. Conference With Legal Counsel - Anticipated Litigation - Initiation Of Litigation Pursuant to Government Code§ 54956.9(D)(4) (2 Matters). 2

REGULAR MEETING

CALL TO ORDER
Pledge of Allegiance.

Moment of Silence - First Responders and Military Members.

Roll Call.

Closed Session Announcement
Changes to the Agenda.

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

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

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.

City Manager Announcements and Reports.

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

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

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

1. City Treasurer's Investment Report for the Month Ending November 30, 2025.

2. Ratify Warrants Register Dated December 12, 2025
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3. Consideration Of Resolution Approving a Professional Services Agreement with Mintier Hamish Planning Consultants to Set the Budget and Scope to Continue Work on the Livingston General Plan Update and Accompanying Environmental Impact Report and to Amend the Fiscal Year Budget by Increasing the Appropriation Limit Expenditures for the Update Effort and Authorizing the City Manager to Execute the Agreement. Staff Recommendation: Approve Resolution.

4. Resolution (I) Accepting The Low Bid And Awarding A Contract To Amerine Systems, Inc. For The Total Bid Amount Of$849,000.00 For The Construction Of The Briarwood Drive Sewer Lift Station & The Hammatt Avenue Sewer Lift Station Rehabilitation Project, (2) Authorizing The City Manager To Execute The Agreement, (3) Authorizing A Contingency For Contract Change Orders Up To 10% Of The Contract Amount, And (4) Authorizing The Finance Department To Make A Supplemental Appropriation In The Amount Not To Exceed $173,900.00 To The Sewer Enterprise Fund.

5. Resolution Of The City Council Of The City Of Livingston Authorizing The Destruction Of Certain Records Approved By City's Record Retention Schedule

PUBLIC HEARING

6. Waive Second Reading and Adopt Ordinance Adding A New Chapter 1-21 To The Livingston Municipal Code To Implement The California Uniform Public Construction Cost Accounting Act.

7. Continued Public Hearing - Introduce And Waive The First Reading, Repealing Ordinance No. 650, And Amending Title 4, Chapter I Of The Livingston Municipal Code Building Administration Codes And Adopting By Reference The California Code Of Regulations Title 24, 2025 Edition Of The California Building Standards And The 2024 Edition International Property Code, And To Set A Public Hearing For January 20, 2026, At 7:00 P.M. To Waive The Second Reading And Adopt The Ordinance.

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Discussion and Potential Direction on Livingston's Measure V Regional Projects.

9. Fire Department Update

10. Consideration of Resolutions Making Appointments to Fill the Vacancies on the Livingston Planning Commission.

11. General Discussion on Usage of City Attorney's Office Time.

12. Discussion and Direction Regarding Term Limits for City Council.

13. Discussion and Potential Direction on Goal Setting Workshop to Identify Strategic Priorities and Projects.

14. Discussion and Potential Direction on State and Federal Legislative Priorities for the City of Livingston.

ANNOUNCEMENTS AND REPORTS
4

City Council Members' Announcements and Reports.

Mayor's Announcements and Reports.

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

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

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

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

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

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

ADJOURNMENT
5

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

ELECTED OFFICIAL'S REPORT
Treasurer's Report November 2025
January 6, 2026
Parwinder Singh Uppal - Elected City Treasurer
RECOMMENDATION:

Receive and File Treasurer's Report for the month ending November 30, 2025.

BACKGROUND:

The Treasurer's Report is required to be presented to the governing body.

DISCUSSION:

Total Cash and City Investments including cash in the bank, and cash in the Local Agency Investment Fund is $43,148,493.28.

The attached Treasurer's report is a "snapshot" report of our cash position on the last day of the month in all our accounts per Bank Statements.

FISCAL IMPACT:

None.

ATTACHMENTS:

November 30, 2025, Treasurer's Report with signature

TREASURER'S REPORT
Bank Statement Period Ending
Report Date
Meeting Date
November 30, 2025
December 24, 2025
January 6, 2026
The following cash and investment information pertains to the period ending per Bank Statements Average
Institution
State of California LAIF (Local Agency
Investment Fund)
Non Interest Bearing Items
Acct#
xx-xx-463
Farmers & Merchants Bank xxxxxx5801
Farmers & Merchants Bank xxxxxx6601
Farmers & Merchants Bank xxxxxx8201
Farmers & Merchants Bank xxxxxx3401
Subtotal F&M Bank
Total Cash & Investments
Notes
Investment Monthly
Type
Pooled
Operating Account
Payroll Account
Web Payments Account
Rec Desk Account
Yield%

4.096%
N/A
N/A
N/A
N/A
Subtotal
Totals
Balance
39,312,435.46
3,428,436.36
11,786.35
366,616.33
29,218.78
3,836,057.82
43,148,493.28
1) There are currently no Investments, In an Institution, with a Maturity Date, and/or a Maturity Date of 12 Months or More. The City's Portfolio consists of Non Interest Bearing Items in F&M Bank, and funds deposited with the State Local Investment Agency (LAIF) 2) Percentage Yield Rate from the LAIF Website "PMIA Average Monthly Yield" Prepared By:

Parwinder Singh Uppal - City Treasurer

STAFF REPORT
AGENDA ITEM: Warrant Register December 12, 2025
MEETING DATE: January 06, 2026
PREPARED BY: Nancy Fuentes, Accountant I
REVIEWED BY: Happy Bains, Finance Director/Assistant City Manager RECOMMENDATION:

Ratify the warrant register dated December 12, 2025
DISCUSSION:

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

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

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

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

November 24, 2025- December 12,2025
GENERAL WARRANTS ......................... $
PAYROLL/WIRE WARRANTS ................. $
ACH WARRANTS ................................. $
TOTAL WARRANTS .............................. $
ATTACHMENTS:

Warrant Register (detailed by date and check number)
1,082,393.83 14774-14888
267,610.58 3934-3947
13,702.33
1,363,706.74

Accounts Payable
Checks by Date - Summary by Check Date
User: nfuentes
Printed: l2/22/2025 l l:32 AM
Check No Vendor No Vendor Name
l4774 25l ABS Direct, Inc.
14775 395 Administrative Solution, Inc.
14776 290 All-Phase Electric Supply Co.
14777 1307 Amazon Capital Services
14778 1798 Imelda Avalos
14779 162 Steve Bassi
14780 193 BSK Associates
14781 1693 California Consulting, Inc
14782 393 California State Disbursement Unit
14783 UB*02149 CASTLE ASSETS, LLC
14784 l239 Clark Pest Control of Stockton, Inc.
14785 1089 DAHLrN GROUP
14786 293 Department of Justice Accounting Office
14787 1793 Duarte Nursery Inc.
14788 491 Dutchman Drains & Plumbing Inc.
14789 455 Ernest Packaging Solutions
14790 1659 eScribe Software Ltd
14791 163 EZ Auto Supply
14792 260 First Communications, LLC
14793 1040 Flock Safety
14794 1151 Jose Flores
14795 322 Fresno City College
14796 188 Frontier
14797 262 Gilton Solid Waste
14798 356 Gouveia Engineering, Inc.
14799 1168 Herc Rentals, Inc.
14800 267 Hoffman Security
14801 501 Hunt & Sons, LLC
14802 1726 International Tele-Path
14803 388 Interstate Battery System of Fresno
14804 552 J & FAG Welding Shop
14805 UB*02150 JL CONSTRUCTION
14806 570 Jocelyn E. Roland, Ph.D., ABPP
14807 1551 Mohinder Kanda
14808 1130 Kellogg Supply
14809 680 L.N. Curtis and sons
14810 675 Lance, Soll & Lunghard, LLP
14811 276 Livingston True Value Hardware, Inc.
14812 1723 Jatinder Mann
14813 559 Merced County Environmental Health
14814 389 Mid Valley IT
14815 180 Mission Linen Service
14816 431 Monte Vista Small Animal Hospital
14817 1799 Consuelo Moreno Castillo
14818 302 Office Depot, Inc./ODP Business Solutions.
14819 201 O'reilly Automotive, Inc.
14820 525 Pape Machinery
AP Checks by Date - Summary by Check Date (12/22/2025 11 :32 AM) Check Date
l2/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
l2/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
l2/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
12/05/2025
Ciity of Livingston
1416 C Street
Livingston, CA 95334
Check Amount
200.24
200.00
133.12
2,634.59
150.00

25.00 2,012.52
4,750.00
2,318.74
170.97
245.00
5,715.00
714.00
1,000.00
300.00

80.26 5,950.00
129.61

17.51 42,000.00

25.00 294.00
5,274.22
12,070.55
117,581.55
436.94
619.68
6,269.94
3,870.00
491.47
749.99
720.51
500.00

25.00 208.66
l,739.24
44,775.00
175.66

25.00 3,426.00
l,541.83
502.08
792.60
2,000.00
783.62
591.95
5,570.67
Page I

Check No Vendor No Vendor Name Check Date Check Amount
14821 1748 Peac Solutions 12/05/2025 14.33
14822 203 PG&E 12/05/2025 181. 61
14823 1796 Power Business Technology 12/05/2025 101.85
14824 430 Quadient Finance USA, Inc. 12/05/2025 500.00
14825 208 Saenz Pest Control, Inc. 12/05/ 2025 [29.00
14826 561 Safe-T-Lite of Modesto, Inc . 12/05/2025 l,848.22 1482 7 499 Safety-Kleen Systems, Inc. 12/05/2025 840.24 14828 408 Sapien Family Trust l 2/05/2025 2,000 00
14829 439 Sharpening Shop 12/05/2025 408. 75
14830 989 Jasneil Singh 12/05/2025 25.00
14831 624 Smith Chevrolet Cadillac, Inc. 12/05/2025 348.93 14832 1284 State of California 12/05/2025 130.16
14833 836 State Water Resources Control Board 12/05/2025 65,725.00 14834 440 Target Specialty Products 12/05/2025 833.42
14835 692 Tesco Controls, Inc. 12/05/2025 6,950.00
14836 310 Totlcom, Inc. 12/05/2025 855.42
14837 313 U. S. Bank Equipment Finance 12/05/2025 494.34 14838 366 USABlueBook 12/05/ 2025 1,710.1 6
1483 9 1150 Valley 29 Electric, LLC 12/05/2025 2,022.25 14840 314 Valley Coffee & Water 12/05/2025 66.95
14841 277 Valley Farm Supply Stores, Inc . 12/05/2025 375.04 14842 1204 Valley Sanitation & Rentals LLC 12/05/2025 524.98 14843 608 Vision Service Plan- CA 12/05/2025 1,022.26
14844 296 Visual Edge IT, Inc 12/05/2025 600.83
14845 818 Renee Waite-Mendonca 12/05/2025 25.00
Total for 12/5/2025 : 367,541 .46
14846 1307 Amazon Capital Services 12/12/2025 864 03
14847 253 AT&T 12/12/2025 246.17
14848 1374 B&B Plumbing & Construction, Inc 12/12/2025 351 .00 14849 UB*02153 YESENIA BLAINE 12/12/2025 9.47
14850 193 BSK Associates 12/12/2025 453.34
14851 UB*02151 MARIA BUCIO DE GARCIA 12/12/2025 170. [7 14852 1787 Burke,Williams & Sorensen, LLP 12/12/2025 l 42,380.33 14853 272 Charter Communications Holdings, LLC 12/12/2025 233.48 14854 29 1 City of Livingston c/ o L &L District Irrigati I 2/12/2025 l 0,402.33 14855 1239 Clark Pest Control of Stockton, Inc. 12/12/2025 86.00 14856 518 Critical Reach, Inc. 12/12/2025 375.00
14857 1308 CSG Consultants, Inc. 12/12/2025 25,889.50
14858 293 Department of Justice Accounting Office 12/12/2025 494. 00 14859 1790 Stephanie R. Dietz 12/12/2025 5,375.00
14860 258 Ewing Irrigation Products, Inc. 12/12/ 2025 2,31 1.36 14861 356 Gouveia Engineering, Inc. I 2/12/ 2025 41,577.00 14862 811 Pete Hulse, DVM, Pa Hilmar Animal Hospi I 2/12/2025 243.00 14863 266 Hilmar Lumber 12/12/2025 l 11 .93
14864 50 1 Hunt & Sons, LLC 12/12/2025 2,626.95
14865 1726 International Tele-Path 12/12/2025 1,935.00
14866 786 J.B, Anderson Land Use Planning 12/12/2025 25,925.40 14867 675 Lance, Soll & Lunghard, LLP 12/12/2025 45,057.50 14868 268 Language Line Services, Inc. 12/12/2025 287.64 14869 276 Livingston True Value Hardware, Inc. I 2/12/2025 686.23 14870 269 Merced Pest Control 12/12/2025 85.00
14871 1_70 MintierHamish Planning Consulants 12/12/2025 2,547.50 14872 UB*02152 S ANDRES MAGANA CORTEZ MYRIM 12/12/2025 31 2. 10 14873 199 Northstar Chemical I 2/12/2025 3,29 1.31
14874 201 O'reilly Automotive, Inc. 12/12/2025 2,802.65 AP Checks by Date - Summary by Check Date (12/22/2025 11 :32 AM) Page 2

Check No Vendor No Vendor Name Check Date Check Amount
14875 433 Razzari Ford 12/12/2025 135. 12
148 76 1668 Rincon Consultants, Inc 12/12/2025 3,621.60 148 77 56 1 Safe-T-Lite of Modesto, Inc. 12/12/2025 284.71 148 78 18 01 Self Help Enterprises 12/ 12/2025 329,378.00 14879 307 Shred-It, C/O Stericycle, Inc. 12/12/2025 380.30 14880 323 Springbrook Holding Company LLC 12/12/2025 58,620.08 14881 1068 Steele Public Safety Systems I 2/12/2025 1,386 00 14882 1552 Turbo Data System, Inc. 12/12/2025 768.19
14883 1175 UBEO West, LLC 12/12/2025 759.15
14884 366 USABlueBook 12/12/2025 1,428.71
14885 314 Valley Coffee & Water 12/12/2025 66.95
14886 277 Valley Farm Supply Stores, Inc. 12/ 12/2025 70.67 14887 210 WGR Southwest, Inc. 12/12/2025 498. 50
14888 597 Work Wellness 12/ 12/2025 324.00
Total for 12/12/2025 : 714,852.37
Report Total (115 checks): 1,082,393.83
AP Checks by Date - Summary by Check Date (12/22/2025 11 :32 AM) Page 3

STAFF REPORT
AGENDA ITEM : Resolution Approving a Professional Services Agreement with Mintier Harnish Planning Consultants to continue work on the Livingston General Plan Update and a Request to amend the 2025-26 Fiscal Year Budget to Appropriate Funding from the General Fund to the General Plan Update Fund Account.

MEETING DATE: January 6, 2026
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Adopt City Council Resolution No. 2026-_, a Resolution of the City Council of the City of Livingston approving a professional services agreement with Mintier Harnish Planning Consultants to set the budget and scope to continue work on the Livingston General Plan Update and accompanying Environmental Impact Report and to amend the fiscal year budget by increasing the appropriation limit expenditures for the update effort and authorizing the City Manager to execute the agreement.

BACKGROUND AND DISCUSSION :

On January 21 , 2020, the City Council approved Resolution No. 2020-07 to authorize the City Manager to execute a professional service agreement with Mintier Harnish Planning Consultants for the preparation of a general plan update and accompanying Environm ental Impact Report (EIR). The Frist Agreement expired.

A new agreement is required. The City seeks to enter into a new agreement with Mintier Harnish Planning Consultants ("Second Agreement") to continue the scope of work from the previous agreement.

On November 24, 2025, Mintier Harnish submitted an updated Scope of Services and Work Plan for the City of Livingston General Plan Update to continue work on the Livingston General Plan update, See Attachment 2. The scope includes the following tasks:

1. Evaluating Alternatives - Task 5.5 - Preferred Land Use Alternative.

Mintier Harnish and City staff will facil itate a series of meetings that will lead to the selection of a Preferred Land Use Alternative pol icy option direction by the City Council. Mintier Harnish will first facil itate a study session with the Planning Com mission to review the Draft Alternatives Report and sol icit their feedback and recommendations on a preferred land use alternative and key policy choices. Mintier Harnish and City staff will then facil itate a study session with the City Council to review the Alternatives Report and recommendations from the Planning Commission. The purpose of this meeting will be to gain City Council direction on the preferred alternatives package that Mintier Harnish will use to prepare the Draft General

Plan .

2. Preparing the General Plan .

Mintier Harnish will craft the updated General Plan as an effective tool for staff implementation and a highly graphical , engaging plan that is easy for everyone in the community to use and understand.

3. Environmental Review
Mintier Hamish's approach in preparing the Programmatic EIR (PEIR) for Livingston's General Plan is to develop a user:-friendly PEIR that can be used as a Tier 1 CEQA document to streamline future processing of projects within Livingston that is consistent with the General Plan and easily understood. This PEIR would also be integrated with General Plan pol icies that are self-mitigating whereby projects consistent with or implementing General Plan pol icies will reduce potentially significant CEQA impacts to a less than significant level . This provides an incentive for projects to be consistent with the General Plan and streaml ines their approval process.

4. Public Review, Final Documents, and Adoption
During this phase of the Project, Mintier Harnish will prepare the final documents, including an Administrative Draft General Plan, and facil itate public hearings, certification of the Final Program EIR, and adoption of the General Plan. Following General Plan adoption, Mintier Harnish will prepare the final version of the adopted General Plan and print final copies .

ENVIRONMENTAL ASSESSMENT:

Consideration of the Second Agreement is an administrative activity, which is exempt from the California Environmental Qual ity ACT (CEQA) as it does not involve a physical change in the environment
FISCAL IMPACT :

The contracted amount in this Second Agreement is for the amount of $456,768.00. Authorize the finance department for a supplemental appropriation to not exceed $1 50,000.00, which includes an estimated contingency of $18,000.00 from account (2007-1 08-4554).

NEXT STEPS:

Once approved, staff will execute a Second Agreement.

ATTACHMENTS:

1. Resolution 2026-XX

2. Exhibit A - Professional Services Agreement.

3. Scope of Services, Work Plan and Budget dated November 24, 2025, from Mintier Harnish.

Attachment 1
RESOLUTION NO. 2026-_

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING A

PROFESSIONAL SERVICES AGREEMENT WITH MINTIER HARNISH PLANNING

CONSULTANTS TO SET THE BUDGET AND SCOPE TO CONTINUE WORK ON THE

LIVINGSTON GENERAL PLAN UPDATE AND ACCOMPANYING ENVIRONMENTAL

IMPACT REPORT AND TO AMEND THE FISCAL YEAR BUDGET BY INCREASING THE

APPROPRIATION LIMIT EXPENDITURES FOR THE UPDATE EFFORT AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, a Request for Proposal from qualified firms for the preparation of a General Plan Update and accompanying Environmental Impact Report (EIR) was issued on October 9, 2019; and
WHEREAS, the City Council approved Resolution No. 2020-07, authorizing the City Manager to execute a professional service agreement with Mintier Harnish Planning Consultants for the preparation of a general plan update and accompanying Environmental Impact Report; and WHERAS, Mintier Harnish Planning Consultants has completed a number of tasks related to the preparation of the general plan update; and
WHERAS, the professional service agreement with Mintier Harnish has expired; and WHEREAS, the City seeks to enter into another professional service agreement with Mintier Harnish to complete the general plan update and accompanying Environmental Impact Report; and
WHEREAS, the proposed Professional Service Agreement has been reviewed and approved by the City Attorney.

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

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

2. Authorizes the City Manager to execute an agreement in the form presented herewith for and on behalf of the City, subject to changes to the indemnity provisions as approved by the City Attorney.

3. The contracted amount in this Second Agreement is for the amount of $456,768.00.

Authorize the finance department for a supplemental appropriation to not exceed $1 50,000.00, which includes an estimated contingency of $1 8,000.00 from account (2007-1 08-4554).

NOW, THEREFORE, BE IT RESOLVED that the Livingston City Council hereby adopts Resolution 2026-__ , approving a professional services agreement with Mintier Harnish Consultants for the preparation and completion of the General Plan Update and accompanying EIR.
1 of 2

I hereby certify the foregoing Resolution No. 2026-_ 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 6 th day of January 2026, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
Marc Tran, City Attorney
By: ___________ _
Jose Moran, Mayor
of the City of Livingston
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Attachment 2

CITY OF LIVINGSTON

CONTRACT PRPOFESSIONAL SERVICES AGREEMENT
THIS CONTRACT PROFESSIONAL SERVICES AGREEMENT (herein
"Agreement") is made and entered into on January 6, 2026, by and between the CITY OF LIVINGSTON, a municipal corporation ("City") and Mintier Hamish (herein "Consultant").

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

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

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

1.3 California Labor Law. If the Scope of Services includes any "public work" or "maintenance work," as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1 ,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1 770 et seq. and 1810 et seq., and all other applicable laws.

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

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

2. COMPENSATION

2. 1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of $456,768.00 Dollars) ("Contract Sum").

2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this 01 222 0001 /64360 1. 1

Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit "C", and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period . In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent ( 10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed .

3. PERFORMANCE SCHEDULE
Agreement.

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

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

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental 2

agency, includ ing the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified . The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant 's sole remedy being extension of the Agreement pursuant to this Section.

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

4. COORDINATION OF WORK

4. 1 Representative of Consultant. Jim Hamish is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant 's staff and subcontractors, and shall keep City informed of any changes.

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

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

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

5. INSURANCE AND INDEMNIFICATION
3

5. 1 Insurance Coverages. Without limiting Consultant's indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercia l general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1 ,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended . Any endorsement restricting standard ISO "insured contract" language will not be accepted .
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1 ,000,000 combined single limit for each accident.
( c) Professional liability ( errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1 ,000,000 per claim and in the aggregate.

Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3 ) years after completion of the services required by this Agreement. (d) Workers' compensation insurance . Consultant shall maintain Workers ' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1 ,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other msurance, as may be required in the Special Requirements in Exhibit "B".

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of al l required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to 4

property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. ( d) City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class Vl (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
(t) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract prov1s1ons (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation ( except 5

for nonpayment for which a ten ( l 0) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (1) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for rev1ew.
(n) Agency's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant 's compensation.
( o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether 6

actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant 's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement , except claims or liabilitie s occurring as a result of City's sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6. 1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

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

6.3 Confidentiality and Release of Information .
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.
(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant 's conduct.
(d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the 7

right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the "documents and materials") prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a resu lt of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. section 101, such documents and materials are hereby deemed "works made for hire" for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7. 1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Merced, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern District of California.

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

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

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

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with 8

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

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7 .2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated .

8. MISCELLANEOUS

8. 1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class

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

8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Livingston, 1416 C Street, Livingston, CA 95334, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in 9

writing. Notice shall be deemed communicated at the time personally delivered or in seventytwo (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

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

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8. 7 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.

8.8 Interpretation.

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

8.9 Counterparts.

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

8. 10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1 09 1 or 1091. 5. Consultant warrants 10

and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

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

Consultant's Authorized Initials ---

8. 11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound . This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures On The Following Page]
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lN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

ATTEST:

Monica Cisneros, Deputy City Clerk
APPROVED AS TO FORM:

BURKE, WILLIAM & SORENSEN, LLP
Marc Barraza Tran, City Attorney
CITY:

CITY OF LIVINGSTON, a municipal
corporation
Jose Moran, Mayor
CONSULT ANT:

By: ___________ _
Name :

Title :

By: ___________ _
Name:

Title :

Address: --------------
Two co rpo rate officer signatures required when Consultant is a corpo ration, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULT ANT 'S SIGNATURES SHALL BE DULY NOTARIZED, A.m APPROPRIATE ATTESTATIONS SHALL BE 12

INCLUDED AS MAY BE REQUIRE D BY THE BYLAWS, ARTICLES OF l�CORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULT MT'S BUSINESS ENTITY. 13

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer comp leting this certificate verifies only the identity of the individua 1 who signed the document to which this certificate is attached, and not the truthfulness, accuracy or va lidity of that document.

ST ATE OF CALIFORNlA

COUNTY OF MERCED
On ----� 2026 before me, _______ , persona Uy appeared _______ ,proved to me on the ba sis of satisfactory evidence to be the person(s) whose names(s) is/a re subscribed to the with in in strument and acknowledged to me tha t he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

W1TNESS my hand and officia l sea l.

Signature: ________________ _

OPTIONAL
Though the data below is not required by law, it may prove va luable to persons relying on the document and coull prevent fraudulent reatta chment of this form.

CAPACITY CLAIMED BY SIGNER
I

NDIVIDUAL

CORPORATE OFFICER

TITLE(S)

PARTNER(S)LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER ____________ _
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
0 1 222 .000 I /64360 1 . 1

DESCRIPTION OF ATTACHED DOCUMENT

TITLE OR TYPE OF DOCUMENT

NUMBER OF PAGES

DATE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE

EXHIBIT "A"

SCOPE OF SERVICES
City of Livingston General Plan Update
Work Plan
(Revised November 24, 2025)
Phase 1: Initiation - Phase completed
Phase 2: Getting Started - Phase completed
Phase 3: Existing Conditions and Trends - Phase completed Phase 4: Community Vision and Guiding Principles - Phase completed Phase 5: Evaluating Alternatives
Attachment 3
During this phase, Mintier Harnish wi ll faci litate dialogue with the community and decisionmakers to establ ish community priorities for future growth and change. Mintier Harnish wi ll use the results of the Existing Conditions and Trends Workbook, and Vision and Guiding Principles to faci litate development of alternatives. Mintier Harnish wi ll develop alternatives based on community input from the community open house, onl ine forum results, and a Joint Planning Commission/City Counci l study session focused on growth options and pol icy choices.

Mintier Harnish
Task 5.1: Community Engagement - Task completed
• City Counci l Study Session #3: Preferred Land Use Alternative and Key Pol icy Choices Task 5.2:

Task 5.3:

Task 5.4:

Task 5.5:

Land Use Alternative Concepts and Policy Option Topics - Task completed Evaluate Growth Alternatives and Identify Policy Options - Task completed Alternatives Report - Task completed
Preferred Alternative - Task partial ly completed
Mintier Harnish and City staff wi ll faci litate a series of meetings that wi ll lead to the selection of a Preferred Land Use Alternative pol icy option di rection by the City Counci l. Mintier Harnish wi ll fi rst faci litate a study session with the Planning Commission to review the Draft Alternatives Report and sol icit thei r feedback and recommendations on a preferred land use alternative and 01 222 OOO l /64360 1. 1 A-1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
key pol icy choices. Mintier Harnish and City staff wi ll then faci litate a study session with the City Council to review the Alternatives Report and recommendations from the Plan ning Commission . The purpose of this meeti ng wi ll be to ga in City Counci l direction on the preferred alternatives package that Mintier Harnish wi ll use to prepare the Draft General Plan .

Phase 6: Preparing the General Plan
Mintier Harnish wi ll craft the updated General Plan as an effective tool for staff implementation and a highly graphical, engaging plan that is easy for everyone in the community to use and understand.

Task 6.1 : Community Engagement
The fol lowi ng Commu nity engagement activities wi ll occur duri ng Phase 6:
• Newsletter #5 : Prel imi nary Draft General Plan
• Community Workshop - Environmental Justice
• Community Open House #3: Prel imi nary Draft General Plan • Eblasts, social media, press releases, General Plan Kiosks, aspirational mural, youth engagement
• Online engagement: Prel imi nary Draft General Plan
• Plan ning Commission Study Session #4: Prel iminary Draft General Plan • City Council Study Session #4: Prel imi nary Draft General Plan Task 6.2: General Plan Goals, Policies, and Programs
Mintier Harnish wi ll work with City staff to prepare an Admi nistrative Review Draft General Plan. Mintier Harnish wi ll format the General Plan to be attractive, contemporary, and userfriend ly, using extensive photos, illustrations, and maps. As part of th is coordi nation, Mintier Harnish wi ll propose solutions for the organization and layout of the General Plan elements.

This wi ll be based on a review of the current element structure and the need to cover a wi de range of new State requirements enacted si nce the General Plan was last updated . As part of the design, the separation or combi nation of topics into various elements wi ll be discussed .

Mintier Harnish wi ll also look at potential to address cross-cutting themes (topics that relate to multi ple elements) by including identifyi ng icons. This may be appropriate for items such as environmental justice, community health, greenhouse gas reductions, and pol icies directly related to environmental impact mitigation .
01222.0001/643601 I

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
As part of the Update, Mintier Harnish wi ll ensure that al l the requirements of State law, such as complete streets, environmental justice, GHG reduction, adaptation, and resi liency are covered. Mintier Harnish wi ll also ensure ful l compliance with the State's General Plan Gui del ines. The Plan wi ll reflect best practices for addressing contemporary planning issues, such as retai l trends, transportation technology, and community health.

Duri ng the consideration of a preferred land use alternative in Phase 5, City staff and City counci l suggested additional optional elements be considered to address important issues that we raised during the preferred land use alternative discussions. Based in these discussions, Mintier Harnish is assuming new elements wi ll be added to the General Plan, includ ing Agricultural and Economic Development Elements. Mintier Harnish is also including an Environmental Justice Element to assure compl iance with State law (SB 1000) . The Phase 6 budget has been increased accord ingly.

Mintier Harnish wi ll integrate the 2023-2031 Housing Element into the General Plan Update. As part of this work, Mintier Harnish wi ll prepare any amendments, if necessary, to the Housing Element to ensure it is consistent with the Draft General Plan and wi ll assist the city in coordinating with HCD on their review of the updated Housi ng Element if any changes are necessary. The intent wi ll be to prepare updates needed to mai ntain consistency with the rest of the General Plan and is not intended to be a more substantial update of the adopted Housing Element.

Fol lowing City staff review, Mintier Harnish wi ll make appropriate revisions to the Administrative Draft General Plan and prepare a Prel imi nary Draft General Plan for review by the community, Planni ng Commission, and City Counci l. Based on input and recommendations from the community, Planni ng Commission, and direction from the City Council, Mintier Harnish wi ll prepare the Draft General Plan for publ ication and environmental review.

Task 6.3: Land Use and Circulation Diagrams
Mintier Harnish wi ll prepare an updated land use diagram as part of the Draft General Plan.

Mintier Harnish wi ll discuss options for updating the land use designations and graphic design options for making the land use diagram user friendly. Based on the distribution of land uses on the Land Use Diagram, Mintier Harnish wi ll develop and prepare a Draft Circulation Diagram.

Mintier Harnish wi ll review existi ng roadway classifications and work with City staff to develop a concise set of roadway classifications that fit the needs of the City and that address new State regulations related to multi -modal transportation.

Task 6.4: General Plan Consultation and Referrals
State law req uires consultation with a variety of Federal, State, regional, and local agencies whenever a jurisdiction updates or amends its general plan (e.g., Native American Tribes, 01 222 .000 1 /64360 1 1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Military Branches, water agencies) . These statutes are located throug hout the Government Code and have varying requirements for when draft and final documents must be submitted and how long agencies have to review and provide comments. Mintier Harnish maintains a comprehensive checkl ist of agency consultati on requirements that Mintier Harnish wi ll use to ensure the City provi des the Draft General Plan to the appropriate agencies.

Phase 7: Environmental Review
Mintier Hamish's approach in preparing the Programmatic EIR (PEIR) for Livingston's General Plan is to devel op a user-friend ly PEI R that can be used as a Tier 1 CEQA document to streamline future processing of projects with in Livingston that is consistent with the General Plan and easi ly understood . This PEIR woul d also be integrated with General Plan pol icies that are self-mitigating whereby projects consistent with or implementing General Plan pol icies wi ll reduce potential ly significant CEQA impacts to a less than significant level . This provi des an incentive for projects to be consistent with the General Plan and streamlines their approval process.

Mintier Harnish approach wi ll also identify new CEQA impacts to be addressed including Greenhouse Gas (GHG), Cultural Tribal Resources, Energy, and Environmental Justice, and to address transportation impacts using Veh icle Mi les Traveled (VMT) as the significance criteri a replacing the trad iti onal Level of Service (LOS) standard. In updating the PEIR, Mintier Harnish wi ll tier off the previ ous General Plan PEIR for issue areas where there has been minimal change or sti ll addresses the potential impacts, reducing costs for the City.

Al l del iverables for the CEQA process, including noticing, wi ll be provi ded as electronic versi ons compatible with Microsoft Office and saved in PDF format that can be easi ly placed on the City's website for easy access to the community.

Task 7.1: Notice of Preparation and Scoping Meeting
Mintier Harnish wi ll prepare a draft NOP pursuant to CEQA Guidel ines and upon City approval, submit the NO P to the State Clearinghouse and assist the City with identification of agencies, organizations, and indivi duals to whom the City shoul d distribute the NO P. During the 30-day NO P review process, Mintier Harnish wi ll assist the City with faci litating a publ ic scoping meeting to obtain the publ ic's input on the environmental issues they woul d like to see addressed in the EIR.

Task 7.2: Draft Program EIR
Administrative Draft Program EIR
0 1222.000 l /643 60 I. I

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Mintier Harnish wi ll prepare the ADPEIR fol lowi ng the most recent guidel ines and requirements of State law to be a legal ly defensible TIER 1 EIR. Mintier Harnish approach wi ll result in a straight-forward, easily understood envi ronmental document that assists with the implementation of the City's General Plan. The ADPEIR wi ll incl ude al l the requi red sections of an EIR: Introduction; Exec utive Summary; Project Descri ption and Envi ronmental Setti ng; Analysis, Impacts, and Mitigation Measures; Alternatives Analysis; Cumulative Impacts; and Other CEQA Sections. The most central section of an EIR is the analysis of impacts and determi nation of their level of sig nificance. Mintier Harnish wi ll write this section with four main components:
• Setting (descri ption of current conditions with respect to the issue in question, includi ng the existing regulatory environment)
• Impact Analysis (discussion of potential ly sig nificant effects of the proposed project; impacts are typical ly compared to establ ished CEQA "th reshol ds of significance") • Programmatic Mitigation Measures (developed to the extent feasible as General Plan goals, pol icies, and prog rams)
• Level of Significance After Mitigation (discussion of whether proposed mitigation measures reduce impacts to below the adopted significance th reshol d) The number of impacts to be analyzed and the depth of analysis wi ll be a function of the responses to the NO P and staff direction based on current needs, and those sti ll adequately addressed by the current General Plan PEIR. Mintier Harnish wi ll identify Impacts and prepare mitigation measures to red uce significant impacts to a less-than-significant level, when feasible.

For each potential ly significant impact identified in the ADPEIR, Mintier Harnish wi ll develop in coordi nation with City staff General Pla n goals, pol icies, and prog rams to avoi d or red uce identified impacts as self-mitigati ng pol icies. Mintier Harnish wi ll develop mitigation measures on ly if self-mitigating pol icies are determi ned not feasible or reasonable.

The alternatives analysis wi ll focus on developi ng alternatives that cou ld potential ly red uce identified significant impacts to a less than significant level . Mintier Harnish wi ll then assess these alter natives as to thei r abi lity to reach the City's identified project objectives and if these alternatives would have additional or other impacts beyond the proposed project. Mintier Harnish wi ll develop an alternatives matrix to provi de an easy way to compare each of the alternatives to one another and the project for each impact area.

Draft Program EIR
Fol lowing internal City staff comments on the ADPEIR, Mintier Harnish wi l l i ncor porate appropriate revisions to the ADPEI R, and prepare a Screenc heck Draft PEIR for fi nal internal 0 1 222 .000 1 /643 60 1 I

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
review. Mintier Harnish wi ll then prepare the Publ ic Review Draft PEIR (DPEIR) for publ ic circulation, and distri bute the DPEIR to the State Clearinghouse, responsible agencies, and interested agencies, organizations, and persons as part of the 45 -day publ ic circulation and review period per CEQA regulations.

Task 7.3: Draft Program EIR Comment Period
Mintier Harnish wi ll oversee the submittal of the Draft Program EIR to the State Clearing house to start the 45-day public review period. Mintier Harnish wi ll prepare for posting a Notice of Avai labi l ity with the City and Merced County Clerk's offices. Mintier Harnish wi ll be responsible for mai ling the Notice of Avai labi lity to the County Clerk, responsi ble and local agencies, stakehol ders, and a newspaper of general circulation.

Task 7.4: Response to Comments
Mintier Harnish wi ll prepare draft Response to Comments. As part of preparing the responses, Mintier Harnish wi ll conduct internal City staff meetings to discuss comment responses.

Fol lowing internal comments on the draft responses, Mintier Harnish wi ll prepare the final Responses to Comments. Concurrent with the Responses to Comments report, Mintier Harnish wi ll prepare Findings of Fact and a Mitigation Monitoring and Reporting Plan to be included in the Final PEIR.

Task 7.5: Final Program EIR
Mintier Harnish wi ll prepare the Final PEIR after receipt of al l written comments received during the review period. The Final PEIR wi ll consist of the comments, responses, and corrections to the Draft PEIR, if any are warranted. Mintier Harnish wi ll prepare a screencheck Final PEIR for internal City staff review and confirmation. Within one day of PEIR certification and project approval, Mintier Harnish wi ll submit the Notice of Determination ( NO D) to the County Clerk per CEQA regulations. Mintier Harnish assumes that no more than 100 hours of professional time wi ll be required to respond to public comments on the Draft EIR. As necessary, Mintier Harnish wi ll mod ify text or data in the Final PEIR based on the responses to comments and as requested by the City.

Phase 8: Public Review, Final Documents, and Adoption
During this phase of the Project, Mintier Harnish wi ll prepare the final documents, including an Administrative Draft General Plan, and facil itate publ ic hearings, certification of the Final Program EIR, and adoption of the General Plan. Fol lowing General Plan adoption, Mintier Harnish wi ll prepare the final version of the adopted General Plan and print final copies.

Task 8.1: Planning Commission Hearing
01 222.000 I /643 60 I I

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Mintier Harnish wi ll attend a publ ic hearing with the Planning Commission to review the Draft General Plan and Fi nal Program EIR. The Plan ning Commission wi ll consi der the comments made duri ng the publ ic heari ng and make recommendations to the City Counci l.

Task 8.2: City Council Hearings (2)
Mintier Harnish wi ll attend up to two publ ic heari ngs with the City Council to review the Draft General Plan and Fi nal Program EIR. At these heari ngs, the City Counci l wi ll consider the Planni ng Commission recommendations and the comments made at the Planni ng Commission publ ic heari ngs. After the first heari ng, the City Council wi ll direct Mintier Harnish to incorporate their recommendations and prepare the Fi nal General Plan and Fi nal Program EIR.

At the second heari ng, the City Council wi ll certify the Fi nal Program EIR and adopt the Fi nal General Plan.

Task 8.3: Final General Plan Documents
Fol lowi ng publ ic review of the Draft General Plan, Mintier Harnish wi ll prepare the Fi nal General Plan for adoption .
01222 000 1 /64360 1 .1

LIVINGSTON
GENERAL PLAN UPDATE · TOTAL BUDGET

PHASES / TASKS
PHASE 1: INITIATION · Phose comleted
PHASE 2: GETTING STARTED · Phase completed
PHASE 3: EXISTING CONDITIONS AND TRENDS · Phase completed PHASE 4: COMMUNITY VISION AND GUIDING PRINCIPLES· Phase compfeted PHASES: EVALUATING ALTERNATIVES
Task S.5: Preferred Alternative
Subtotal
. , . ,, . . ' . '
Task 6.1: Community Engagement
Task 6.2: General Plan Goals, Policies, and Programs
Task 6.3: Land Use and Circulation 01agrams
Task 6A: General Plan Consultation and Referrals
Subtotal
Task 7.1: Notice of Preparation and Scoping Meeting
Task 7.2: Draft Program EIR
Task 7.3: Draft E!R Public Comment Period
Task 7.4: Response to Comments
Task 7.5: Final EIR
Subtotal
'' "
Task 8. l: Planning C_omm1ssion Hearings (2)
Task 8.2: City Council Heanngs {2)
Task 8.3: Final General Plan Documents
Subtotal
Subtotal
Total Hours
f • lt' I
2019 81lling Rates (subject to change evcry January lst) Labor Subtotals
Direct hpenses (e.g., pnnting, travel, online engagement, translation) 10TALCOST
I OPTIONAL TASKS (Costs not included in total)
1) rh1s represents a rotol cosr based on rhe proposed scope of work.

I
Mintier Harnish
lillmammmil!llllil!m ----lalllm
Editor HOURS
JOI ,
5 1 1001 1751
30 45 100 0 175
5-0 60 110
16 60 180 256
12 20 32
0 16 112 2/ilJ 0 398
0 8 4 12
0 8 8 16
0 16 u 0 0 28
8 8 16
8 8 16
4 4 20 8 36
4 20 36 8 68
401 401 I 601 140 1
106 239 396 68 809
5300 $215 $185 $15-0
$31,800 $53,775 $73,260 $10,200
TOTAl
COST
$22,350
$51,600
$6,400
5-0
$80,350
5-0
$3,300
50 $4,200
5-0
$7,500
S3,280
$3,280
$7,000
$13,560
$30,000
$169,035
$3,929
$172,964
2) fhe distribution of hours between firms, staff coregories and iasks ore on est,mote. While !he total costs will not change, the diHribution of hours/costs may vory depend,ng on actual execution
EXHIBIT "C"

SCHEDULE OF COMPENSATION
Rincon
li!l!lll!llll� il!!!ll!ll!!llle.im:illlml!lllalll:llll!l7./Dlalllm Principal I! Super U -- --- HOURS
c=i 0
0 0
0 0
0 0 0 0 0 0 0 0 0
1 10 8 2 2 23
28 100 64 400 31 30 12 16 682
8 16 1 8 2 36
6 17 3 50 1 6 83
1 8 1 11 1 2 28
37 143 69 486 32 37 20 28 852
8 8
8 8
0 0 16 0 0 0 0 0 0 16
6 8 16 30
43 167 69 486 32 37 20 44 898
$318 5264 5230 $203 $152 $160 $130 $111
$13,674 $44,088 $15,870 $98,658 $4,864 $5,920 $2,600 $4,884 TOTAl
COST
Senior
Trans
GHD
if1Wil'iFl"IIDP..,,.,,....fflilJiJilll'llmil!llll!llllrmllllll!l!li!l Trans TOTAl
0 I I I 0
1 5-0 0
5-0 16 10 60 14 80 24 246
$0 2 4 10 8 24 58
5-0 0
$0 18 24 80 32 80 48 304
$5,124 0
$144,224 4 12 24 24 8 40 112
$6,942 0
SlB,062 4 8 12
56,186 2 4 4 JO
$180,538 10 24 28 24 8 40 134
$2,112 0
$2,112 16 16
so 0
$4,224 0 16 0 0 0 0 16
$5,796 8 20 l J
36 84 108 56 88 88 454
5300 $224 $160 5200 $15-0 $15-0
$190,558 $10,800 $18,816 $17,280 $11,200 $13,200 $13,200 $5,000
$195,558
TOTAL
COST
5-0
S39,280
$9,896
so
$49,176
5-0
$19,728
5-0
$2,992
SZ,136
$24,856
5-0
S3,584
5-0
$3,584
$6,880J
$84,4961
$3,750
$88,248 J
GRANO
TOTAl
SZZ,350
S90,881J
$16,296
5-0
$119,526
$5,124
$167,252
$6,942
S25,}54
$8,322
$211,894
SS,392
$8,976
$7,000
$2t368
$42,676
$444,089
$11,679
$456,768

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

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

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

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

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

The total compensation for the Services shall not exceed the Contract Sum as provided in Section

2.1 of this Agreement.

MlnUer Hamish T earn
Livingston General Plan Update:

Task 1.2: Develo_e_ Final Work Plan and Schedule
Task 1.3: Existin_s. Conditions Information and Needs
Subtotal
Task 2.1: Community Engagement
Task 2.2: Audit Existing General Plan
Subtotal
Task 3.1: Community Engagement
Task 3.2: Existin� Conditions and Trends Workbook
Task 3.3: Story Maps
Subtotal
Task 4.1: Community Enga_Kement
Task 4.2: Vision and Guiding Principles
Subtotal
Task 5.1: Community Engagement
TOT AL Cost Estimate <v<•I
0 0
0 0
Task 5.2: Land Use Alternative Concepts and Policy Option Topics Task 5.3: Evaluate Growth Alternatives and Identify Policy O_e_tions Task 5.4: Alternatives Re�ort
Task 5.5: Preferred Alternative 30
Subtotal 30
Task 6.1: Community En���ement
Task 6.2: General Plan Goals, Policies, and Programs 16 Task 6.3: land Use and Circulation Diagrams
Task 6.4: General Plan Consultation and Referrals
Subtotal 16
Task 7.1: Notlce of Preparation and Scoping Meeting
Task 7.2: Draft Program EtR
Task 7 .3: Draft ElR Public Comment Period
Task 7.4: Response to Comments
Task 7 .S: Final EIR
Subtotal 16
Task 8.1: Planning Commission Hearings (2)
Task 8.2: City Council Hearin_�s (2)
Task 8.3: Final General Plan Documents
Subtotal 4
Subtotal 40
Total Hours 106
2019 Billing���? isubject to change ev�ry Janua
_
ry l�t)
_
$300
0 0
45 45
40 60
12 112
12 20
40 229
$225
Labor Subtotals $31,800 $51,525
Direct Expenses (e.g., printing, travel, online engagement, translation) rorAL COST
OPTIONAL TASKS (Costs not included In total}
1) This represents a total cast based on the proposed scope of work. 0 0
$0
0 $0
0 0 0 1$
0 $0
0 $0
0 $0
0 0 0 1$
$0
$0
0 0 0 $0
0 $0
$0
$0
$0
100 175 $37,625
100 0 175 $37,625
40 80 $16,400
120 196 $40,500
20 32 $6,400
0 $0
1BO 0 308 $63,300
$0
12 $3,300
$0
16 $4,200
0 $0
0 0 28 $7,500
16 $3,280
16 $3,280
20 36 $7,000
36 8 68 $13,560
60 140 $30,000
316 68 719
$185
$58,460 $151,985
$3,929
$155,914
2) The distribution of hours between firms, staff categories and tasks are an estimate. While the total costs will not change, the distribution of hours/costs may vary depending on actual execution.

Mintier Harnish T earn
Task 1.3: Existing Conditions Information and Needs
Subtotal
Task 2.1: Community Engagement
Task 2.2: Audit Existing General Plan
Subtotal
Task 3.1: Community En��ement
Task 3.2: Existin_£ Conditions and Trends Workbook
Task 3.3: Story Maps
Subtotal
Task 4.1: Community Engagement
Task 4.2: Vision and Guiding Principles
Subtotal
Task 5.1: Community Engagement
Task 5.2: land Use Alternative Concepts and Policy Opt!o_� !epics Task 5.3: Evaluate Growth Alternatives and ldenti_fy_ P9l_i�tQptions Task 5.4: Alternatives Re_e_ort
Task 5.5: Preferred Alternative
Subtotal
Task 6.1: Community Engagement
Task 6.2: General Plan Goals, Policies, and Programs
Task 6.3: Land Use and Circulation Diagrams
Task 6.4: General Plan Consultation and Referrals
Subtotal
Task 7.1: Notice of Preparation and Scoping Meeting
Task 7.2: Draft Projram EIR
Task 7.3: Draft EIR Public Comment Period
Task 7.4: Res_e_onse to Comments
Task 7.5: Final EIR
Subtotal
Task 8.1: Plannin�ommis_
si_�n -����i�s (2)
Task 8.2: City Council Hearings (2)
Task 8.3: Final General Plan Documents
Subtotal
Subtotal
Total Hours
2019 Billing Rates (subject to change every January 1st) labor Subtotals
Direct Expenses (e.g., printing, travel, online engagement, translation)

TOTAL COST
OPTIONAL TASKS {Costs not included in total)
1) This represents a total cost based on the proposed scope of work. 2) The distribution of hours between firms, staff categories and tasks are on estima1 depending on actual execution.

Livingston General Plan Update:

TOT AL Cost Estimate <1><•>
0 0
0 0 0
0 0 0 0
0 0 0
10 28 100 64 400
16 17 50
12 37 143 69 486
0 16
167 69 486
$264 $230 $203
$44,088 $15,870 $98,658

0 0 0 0
$0
0 $0
0 0 0 0 $0
$0
$0
$0
0 0 0 0 $0
$0
$0
0 $0
0 $0
0 $0
$0
0 $0
0 $0
0 $0
$0
$0
$0
0 $0
0 0 0 0 0 $0
23 $5,124
32 30 12 16 682 $144,224
36 $6,942
83 $18,062
28 $6,186
32 37 20 28 852 $180,538
$2,112
$2,112
$0
0 0 0 0 16 $4,224
16 30 $5,796
32 37 20 44 898
$152 $160 $130 $111
$4,864 $5,920 $2,600 $4,884 $190,558
$5,000
$195,558
December Page 16, 402019
Mintier Harnish Team
Livingston General Plan Update:

Task 1.3: Existing Conditions Information and Needs
Subtotal
Task 2.1: Communit_y_��Bil�ement
Task 2.2: Audit Existing General Plan
Subtotal
Task 3.1: Community Engagement
Task 3.2: Existing Conditions and Trends Workbook
Task 3.3: Sto_!Y Maps
Subtotal
Task 4.1: Community En
_
ga�ement
Task 4.2: Vision and Guiding Principles
Subtotal
Task 5.1: Communlty Engagement
Task 5.2: Land Use Alternative Concepts and Policy Option Topics Task 5.3: Evaluate Growth Alternatives and Identify __!Jo_!!�_Q_ptions Task 5.4: Alternatives Re_e_ort
Task 5.5: Preferred Alternative
Subtotal
Task 6.1: Community Engagement
Task 6.2: General Plan Goals, Policies, and Programs
Task 6.3: Land Use and Circulation Diagrams
Task 6.4: General Plan Consultation and Referrals
Subtotal
Task 7 .1: Notice of Preparation and Scoping Meeting
Task 7 .2: Draft Program EIR
Task 7.3: Draft EIR Public Comment Period
Task 7.4: Response to Comments
Task 7.5: Final EIR
Subtotal
Task 8.1: Planning Commission Hearings (2)
Task 8.2: City Council Hearings (2)
Task 8.3: Final General Plan Documents
Subtotal
Subtotal
Total Hours
2019 Billing R<!_!:�� _(subject to change e�ery January l�tl Labor Subtotals
Direct Expen��j ::-,
_ �ri':!t
_
ir\8,
_!!�"'.el,
_�line eng�gement, tra_ns�]�

TOTAL COST
OPTIONAL TASKS Jf!Jsts not included in t'!_ta
_
ll
1) This represents a total cost based on the proposed scope of work. 2) The distribution of hours between firms, staff categories and tasks are an estimo1 depending on actual execution.

TOTAL Cost Estimate l1ll•>
0 0 0
0 0
0 16 20 60
20 18 24 BO
12 24
10 24 28
16 0 16
20 36 84 108
$300 $224 $160
$10,BOOI $18,816 $17,280

0 0
0 24
32 24
24 0
56 $200
$11,200
o $0 $0
o $0 $0
0 0 0 $0 $0
$0 $0
o $0 $0
o $0 $0
0 0 0 $0 $0
$0 $0
$0 $0
0 0 $0 $0
o $0 $0
$0 $0
$0 $0
o $0 $0
o $0 $37,625
0 $0 $37,625
$0 $16,400
80 24 246 $39,280 $79,lBO
24 58 $9,896 $16,296
$0 $0
BO 48 304 $49,176 $112,476
$0 $5,124
40 112 $19,728 $167,252
o $0 $6,942
12 $2,992 $25,254
10 $2,136 $8,322
8 40 134 $24,856 $212,894
o $0 $5,392
16 $3,584 $8,976
o $0 $7,000
0 0 16 $3,584 $21,368
$6,880 $42,676
88 88 454
$150 $150
$13,200 $13,200 $84,496 $427,039
$3,750 $12,679
$88,246 $439,718
December Page 41 16. 2019
AGENDA ITEM:

MEETING DATE:

PREPARED BY:

APPROVED By:

STAFF REPORT
Resolution of the City Council of the City of Livingston (1 ) Accepting the Low Bid and Awarding a Contract to New
Amerine Systems, Inc. for the Total Bid Amount of
$849,000.00 for the Construction of the Briarwood Drive Sewer Lift Station & the Hammatt Avenue Sewer Lift Station Rehabil itation Project, (2) Authorizi ng the City Manager to Execute the Agreement, (3) Authorizi ng a Contingency for Contract Change Orders up to 10% of the Contract Amount, and (4) Authorizing the Fi nance Department to Make a
Supplemental Appropriation in the Amount Not to Exceed
$1 73,900.00 to the Sewer Enterprise Fund.

January 6, 2026
Mario B. Gouveia, City Engineer
Jose A. Ramirez, City Manager
Anthony Chavarria, Public Works Director
RECOMMENDATION:

Staff recommends Cou ncil adopt Resolution No. 2026- __ , (1 ) accepti ng the low bid and awarding a contract to Ameri ne Systems, Inc. for the total bid amount of $849,000. 00 for the construction of the Briarwood Drive Sewer Lift Station & the Hammatt Avenue Sewer Lift Station Rehabil itation Project, (2) authorizing the City Manager to execute the agreement, (3) authorizing a contingency for contract change orders up to 10% of the contract amount, and (4) authorizing the Finance Department to make a supplemental appropriation in the amount not to exceed $1 73, 900.00 to the Sewer Enterprise Fund .

BACKGROUND
The Briarwood Drive Sewer Lift Station and Hammatt Avenue Sewer Lift Station were identified for improvements by the City's current Infrastructure Work Plan . The City determined the need to replace the existing aging sewer pumps, equipment, and controls in order to improve system reliability. The major work consists of removing the existing sewer pumps and equipment, furnishing and installing new submersi ble pumps, piping , hatches, appurtenances, electrical equipment, controls, and programming at Briarwood Drive Sewer Lift Station and at Hammatt Avenue Sewer Lift Station in the City of Livi ngston.
1 of 2

DISCUSSION :

Pursuant to public bidding requirements, the project was advertised in the Merced Sun Star on November 19, 2025, November 26, 2025, and December 3, 2025. The City received a total of two (2) bids that were opened and read aloud at 2:00 p.m. on December 16, 2025, at the City of Livingston City Hall, the advertised bid open ing date and time. The bids were reviewed by the City Engineer, and the lowest responsible and responsive bid was submitted by Amerine Systems, Inc. The bid resu lts are as listed below:

Contractor
Amerine Systems, Inc.

Un ited Pavement Maintenance, Inc.

Engineer's Estimate
Bid
$849,000.00
$963,446.00
$8 10,000.00
Staff recommends that a contract be awarded to Amerine Systems, Inc. in the amount of eight hundred forty-nine thousand dollars ($849,000.00). Staff also recommends that City Council authorize additional funding of $84,900.00 for this project as 10% conti ngency. The contract amount plus the 10% contingency totals $933,900.00.

City Council previously approved $760, 000 .00 from the Fiscal Year 2025/2026 budget to fund the construction cost for this project. However, an add itional $1 73, 900.00 is required to fu lly fund the construction phase for this project.

FISCAL IMPACT:
$760,000 .00 wi ll be expended from the approved Fiscal Year 2025/2026 budget from the Sewer Enterprise Fund (2 1 01 -81 5-7445) .

Staff is requesting authorizing the Finance Department to make a supplemental appropriation in the Fiscal Year 2025/2026 budget to the Sewer Enterprise Fund (2 1 01 - 81 5-7445) in the amount not to exceed $1 73,900.00.

ATTACHMENTS:

1. Resolution No. 2026 -

2. Abstract of Bids

3. Ag reement

4. Ameri ne Systems, Inc. Bid

5. United Pavement Maintenance, Inc. Bid
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RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1)

ACCEPTING THE LOW BID AND AWARDING A CONTRACT TO AMERINE SYSTEMS, INC. FOR THE TOTAL BID AMOUNT OF $849,000.00 FOR THE

CONSTRUCTION OF THE BRIARWOOD DRIVE SEWER LIFT STATION &

THE HAMMATT AVENUE SEWER LIFT STATION REHABILITATION
PROJECT, (2) AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, (3) AUTHORIZING A CONTINGENCY FOR CONTRACT
CHANGE ORDERS UP TO 10% OF THE CONTRACT AM OUNT, AND (4)

AUTHORIZING THE FINANCE DEPARTMENT TO MAKE A SUPPLEMENT AL APPROPRIATION IN THE AM OUNT NOT TO EXCEED $1 73,900.00 TO THE SEWER ENTERPRISE FUND.

Attachment 1
WHEREAS, the City of Livingston has identified the need to rehabilitate the Briarwood Drive Sewer Lift Station and the Hammatt Avenue Sewer Lift Station; and WHEREAS, the major work consists of removing the existing sewer pumps and equipment, furnishing and installing new submersible pumps, piping, hatches, appurtenances, electrical equipment, controls, and programming at Briarwood Drive Sewer Lift Station and at Hammatt Avenue Sewer Lift Station in the City of Livingston; and WHEREAS, the Invitation to Bid for the Briarwood Drive Sewer Lift Station & Hammatt Avenue Sewer Lift Station Rehabilitation Project was advertised in the Merced Sun Star on November 19, 2025, November 26, 2025, and December 3, 2025; and
WHEREAS, a total of two (2) bids were received and read aloud at 2:00 p.m. on December 16, 2025, at the City of Livingston City Hall, the advertised bid opening date and time. The bid results are as listed below:

Contractor
Amerine Systems, Inc.

Un ited Pavement Mai nten ance, Inc.

WHEREAS, the Engineer's Estimate was $810,000.00; and
$
$
Bid
849,000.00
963,446.00
WHEREAS, the bids have been reviewed by the City Engineer, and Amerine Systems, Inc. submitted the lowest responsive and responsible bid; and WHEREAS, it is in the best interest of the City of Livingston to award the Briarwood Drive & Hammatt Avenue Sewer Lift Station Rehabilitations contract to Amerine Systems, Inc. as it is the lowest responsive and responsible bid; and
WHEREAS, funding of $760,000.00 for the construction cost for this project was encumbered in Fiscal Year 2025/2026; and
WHEREAS, the City Council authorizes the Finance Department to make a supplemental appropriation of $173,900.00 for the FY 2025/2026 budget to offset the higher bid price and a 10% construction contingency; and
WHEREAS, the City Council of the City of Livingston accepts the bid from Amerine Systems, Inc. and now desires to enter into an agreement to construct the project.

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

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

2. Awards the Briarwood Drive & Hammatt Avenue Sewer Lift Station Rehabilitations contract to Amerine Systems, Inc. , Inc. , in the total bid amount of eight hundred fortynine thousand dollars ($849,000.00) from the approved Fiscal Year 2025/2026 budget in the Sewer Enterprise Fund (2101-815-7445), which construction contract is attached hereto as Exhibit "A" and finds that said award is in the best interest of the City.

3. Authorizes the City Manager to utilize a contingency for contract change orders up to 10% of the contract amount in the amount not to exceed $84,900.00 from the approved Fiscal Year 2025/2026 budget in the Sewer Enterprise Fund (2101-815-7445).

4. Authorizes the Finance Department to make a supplemental appropriation in the amount not to exceed $173,900.00 in the FY2025/2026 budget to the Sewer Enterprise Fund (2101-815-7445).

5. Authorizes the City Manager to execute the agreement for construction of the Briarwood Drive Sewer Lift Station & Hammatt Avenue Sewer Lift Station Rehabilitation Project.

6. This resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2026- is a full, true and correct copy of a resolution duly passed and adopted by City Council of the City of Livingston at a regular meeting thereof duly held on 6
th day of January 2026, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
Marc Tran, City Attorney

By: __________ _
Jose A. Moran, Mayor
of the City of Livingston

ABSTRACT OF BIDS FOR OWNER
Briarwood Drive and Hammatt A venue Sewer Lift Station Rehabilitations Bid Opening: December 16, 2025 at 2:00 p.m.

Amerine Systems Inc. United Pavement Maintenance, lnc.

Engineer's Estimate I 0866 Cleveland Avenue 2907 Tully Road Oakdale, CA 9536 1 Hughson, CA 95326
Item Quantity
No. Item Description and Unit Unit Price Amount Unit Price Amount Unit Price Amount

BRIARWOOD DRIVE LIFT STATION REHABILITATION
I Mobil ization I LS 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 l 0,000.00 2 Traffic Control Plan 1 LS 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 3 Briarwood Drive Lift Station Temporary
Sewer Bypass I LS 15,000.00 15,000.00 20,000.00 20,000.00 26,635.00 26,635.00 4 Briarwood Drive Lift Station Demolition I LS 20,000.00 20,000.00 50,000.00 50,000.00 16,980.00 I 6,980.00 5 Briarwood Drive Lift Station Improvements I LS 290,000.00 290,000.00 31 0,000.00 31 0,000.00 394,738.00 394,738.00 6 Coordination, Arc-Flash and Short Circuit
Study I LS 10,000.00 10,000.00 10,000.00 10,000 00 6,000.00 6,000.00 7 SCADA, PLC, and OIT Programming J LS 55,000.00 55,000.00 50,000.00 50,000.00 30,000.00 30,000.00 Briarwood Drive Lift Station Rehabilitation Total Bid 405,000.00 455,000.00 489,353.00

HAMMATT A VENUE LIFT STATION REHABILITATION
8 Mobilization I LS 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 9 Traffic Control Plan I LS 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 10 Hammatt Avenue Lift Station Temporary
Sewer Bypass 1 LS 15,000.00 15,000.00 20,000.00 20,000.00 26,475.00 26,475.00 11 Hammatt Avenue Li ft Station Demolition I LS 20,000.00 20,000.00 50,000.00 50,000.00 l6,950 .00 J 6,950.00 12 Hammatt Avenue Lift Station Improvements 1 LS 290,000.00 290,000.00 249,000.00 249,000.00 379,668.00 379,668.00 13 Coordination, Arc-Flash and Short Circuit
Study 1 LS 10,000.00 10,000.00 10,000.00 I 0,000.00 6,000.00 6,000.00 14 SCA.DA, PLC, and OIT Programming I LS 55,000.00 55,000.00 50,000.00 50,000.00 30,000.00 30,000.00 Hammatt Avenue Lift Station Rehabilitation Total Bid 405,000.00 394,000.00 474,093.00 COMBINED TOTAL BID OF BOTH (2) PROJECTS $81 0,000.00 $849,000.00 $963,446.00 Subcontractors Listetl: None Backmon & Woody Electrical Co.

Attachment 2
630. 12

Attachment 3
Project Name/No.: Briarwood Drive & Hammatt Avenue Sewer Lift Station Rehabilitations Contract No. : 630. 12-2026
Project Manager: Jose A. Ramirez, City Manager Approved:

PUBLIC WORKS AGREEMENT

BETWEEN CITY OF LIVINGSTON AND
THIS PUBLIC WORKS AGREEMENT ("Agreement") is made and entered into this day of ____ , 2026 by and between the CITY OF LIVINGSTON, a municipal corporation, ("City") and AMERINE SYSTEMS, INC., ("Contractor"). City and Contractor may be referred to, sometimes individually or collectively, as "Party" or "Parties."

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

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

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

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

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

AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the Bid Documents for the project entitled Briarwood Drive & Hammatt Avenue Sewer Lift Station Rehabilitations ("Project"). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. As used herein, "Bid Documents" refers to all of the documents included in the solicitation of bids for the Project to the extent applicable or appropriate (it being understood that one or more of such documents may not be applicable in the event a 01 424.0001 '923138.1

compet1t1ve bidding process is not utilized due to existence of emergency or exigent circumstances), including but not limited to, the Notice Inviting Bids, Summary of Work, Instructions to Bidders, Bid or Bid Proposal, General Provisions, Special Provisions, Plans, Drawings, and Addenda, and any other documents included, referenced, or incorporated therein.

The Bid Documents are incorporated into this Agreement. In the event of any conflict between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.

1.2 Incorporation of Green book.

The provisions 20 18 Edition of the Standard Specifications for Public Works Construction, as updated by errata, ("Greenbook") are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the tem1s of this Agreement shall govern.

1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a "public work" as defined in Labor Code Section 1 720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Registration with DIR. Pursuant to Labor Code section 1771.l, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. ( c) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on with the City at 1416 C Street, Livingston, CA 95334 and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act ( 40 U. S.C. § 3141 et seq. ), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer. (d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep -2-
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accurate payroll record s and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

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

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (l ½) times the basic rate of pay.
(i) Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
(j) Contractor's Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including -3-
01 424.000 I /923 13 8.1

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

1.4 Licenses, Permits, Fees and Assessments.

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

1.5 Familiarity with Work.

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

1.6 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25 11 7 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site, materially different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazard ous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by -4-
01424.000 I /92 3 138.1

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

1.7 Unidentified Utilities.

To the extent required by Government Code section 42 15, City will compensate Contractor for the cost oflocating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4126 through 42 16.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.8 Trench Excavation.

Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000 .00 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed therefor.

1.9 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintammg storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City's own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work. -5-
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1.10 Warranty.

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

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

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

1.1 1 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Project Manager to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor ("Change Order"). All Change Orders must be signed by the Contractor and Project Manager prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (l 0%) of the Contract Sum or $25 ,000.00, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the -6-
01424.000 I /923138.1

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

1.12 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements," attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern. -7-
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor's Bid, attached hereto as Exhibit A and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation of EIGHT HUNDRED THOUSAND FORTY -NINE DOLLARS AND ZERO CENTS ($849,000.00) for completion of the work.

2.2 Invoices.

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

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

2.3 Payment.

City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor's correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period . In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code section 20 104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.4 Retention.

Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107 of the Public Contract Code. -8-
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In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

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

3.2 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of ONE THOUSAND DOLLARS AND ZERO CENTS ($ 1 ,000.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code section 42 15, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.
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3.3 Inspection and Final Acceptance.

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

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

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

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

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any -10-
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of Contractor's officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Project Manager.

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

4.4 Independent Contractor.

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

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor's expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void . No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
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ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor's indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 0 l, in an amount not less than $2,000,000 .00 per occurrence, $4,000,000 .00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended . Any endorsement restricting standard ISO "insured contract" language will not be accepted .
(b) Automobile liability insurance . Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1 ,000,000 .00 combined single limit for each accident. (c) Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1 ,000,000).
(d) Builder's Risk Insurance . Contractor shall maintain Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3 ) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area. (e) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor's Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1 ,000,000 .00 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. -12-
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Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed "by or on behalf' of the insured . Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the msurer.

5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) Proof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
( c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured .
(e) City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against -13-
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City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation ( except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be add itional insureds under such policies. This provision shall also apply to any excess/umbrel la liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of lnsureds. A severability of interests provision must apply for all add itional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency's Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change -14-
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results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation.
( o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional lnsurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
(r) Endorsements.

5.3 Indemnification.

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

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability -15-
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involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

5.4 Notification of Third-Party Claims.

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

5.5 Performance, Labor, and Warranty Bonds.

Concurrently with execution of this Agreement, Contractor shall deliver to the City the following bonds:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement , as stated in Section 2. 1.
(b) A labor and materials bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than l 00% of the total compensation for this Agreement, as stated in Section 2. l. ( c) A warranty bond, guaranteeing the Contractor's warranty under Section 1.9 of this Agreement, in an amount not less than 20% of the total compensation for this Agreement, as stated in Section 2. 1.

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

5.6 Sufficiency of Insurer or Surety.

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements -16-
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charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed . The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required .

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

6.2 Reports.

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

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials") prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and Contractor's guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City.
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6.4 Confidentiality and Release of Information.
( a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of Contractor's conduct. ( d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Termination.

This Agreement may be terminated in accordance with Section 6-7 and 6-8 of the 20 18 Edition of the Standard Specifications for Public Works Construction (the Greenbook). -18-
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7.3 Dispute Resolution Process.

Section 20 104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375 ,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20 104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

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

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

Supporting Documentation. The Contractor shall submit all claims in the (i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based .
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim's cost, if any.
(vi) Analysis of the claim's time/schedule impact, if any. ( c) City's Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed . Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. -19-
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(i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City's written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City's written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City's response or within 15 days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. ( e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed . Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. -20-
01424.000 I /92 3 138. I

(ii i) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20 104.4 to mediate after litigation has been commenced . (iv) All unresolved claims shall be considered jointly m a single mediation, unless a new unrelated claim arises after mediation is completed . (f) City's Responses. The City's failure to respond to a clain1 from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute and ad verse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City's failure to respond shall not waive City's rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comp ly with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed cond itions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.

A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted . For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) Civil Actions for Claims of $375,000 .00 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375 ,000 .00 or less:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section.

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

If the parties fail to select a mediator within the 15 -day period, either party may petition the court to appoint the mediator.
-2 1-
0 1 424.000 1 /923 1 3 8 I

(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2 .5 ( commencing with Section 11 41.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 11 41.1 1 of that code. The Civil Discovery Act (Title 4 ( commencing with Section 20 1 6.0 l 0) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed the ir customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 11 41. 10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

7.4 Waiver.

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

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

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

7.5 Rights and Remedies Are Cumulative.

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

7.6 Unfair Business Practices Claims.

Pursuant to Public Contract Code section 7103.5, in entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15 ) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties. -22-
01424 000 1 /923 1 38 . I

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

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

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 11 01 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. -23-
0 1 424 0001 /923 1 38 . I

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

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

9.2 Notices.

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

9.3 Interpretation.

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

9.4 Counterparts.

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

9.5 Integration; Amendment.

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

9.6 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or -24-
01424 .000 1 /92 3 13 8. 1

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

9.7 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091 .5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

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

9.8 Corporate Authority.

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

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

Ill
Ill
Ill
Ill
Ill
01 42 4.000 l /92 3 I 38. I
-25-

CITY:

CITY OF LIVINGSTON, a California
Municipal Corporation.

Jose A. Ramirez, City Manager
ATTEST:

Monica Cisneros, Deputy City Clerk
APPROVED AS TO FORM:

BURKE, WILLIAMS & SORENSEN, LLP
Marc Tran, City Attorney
CONTRACTOR:

AMERINE SYSTEMS INC.

License Number: 493203
DIR Number: 1000005707
By:

Name : Gary Amerine
Title: President
By:

Name : Garrett Ame1ine
Title: General Manager
Address:
*Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACT OR'S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. -26-
01424.0001 /9231 38. 1

01424 0001,9231 38 I

EXIDBIT A

CONTRACTOR'S BID
A-1

EXHIBIT B

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
If the Parties wish to revise provisions in the Agreement above (from page 1 through the signature page), then the revisions shall be presented in this Exhibit B, with deletions shown in strike through and add itions shown in bold and italics.
01 424.000 1 /92 3 13 8.1

__________.....
- -- Attachme nt 4

CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS

BID BOOK
FOR

CONSTRUCTION OF

BRIARWOOD DRIVE & HAMMATT AVENUE

SEWER LIFT STATION REHABILITATIONS
Bid Opening Date: December 16, 2025 at 2:00 P .M. PST

GOUVEIA ENGINEERING
456 Sixth Street, Gustine, Cal ifornia 95322

BID BOOK

TABLE OF CONTENTS
PROPOSAL TO CITY ................ ..... ........ ........................................ .......... .................. ........... ... ................ ...... 1-14 BID SCHEDULE .. ................. ....... .............. .......... ................. ............................ ............................................... 3-14 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS ........................... ........... ... ................. ............ 5-14 STATEMENT OF QUALIFICATIONS ....... .... .................................................................. ....... ... ..... ................. 6-1 4 EQUAL OPPORTUNITY CERTIFICATION .......... ............. .............................. ............ ......................... .. ........ 7-14 PUBLIC CONTRACT CODE STATEMENTS ... ............ ..................... ......................... .................................... 8-14 PUBLIC CONTRACT CODE QUESTIONNAIRE .................. ............................................... ........... ....... ......... 8-14 CONTRACTOR'S CERTIFICATION REGARDING WORKER'S COMPENSATION INSURANCE ..... .......... 9-1 4 NONCOLLUSION AFFIDAVIT ................ ............ ............ ........... ... .... .................... .. .. ................. ...... ............... 10-14 DEBARMENT AND SUSPENSION CERTIFICATION .............................. ....... .......... .............. ...................... 11 -14 NPDES/MS4 COMPLIANCE CERTIFICATION ........................... ...................... ....... ...................................... 11-14 SIGNATURE PAGE .......................... ...... ......... .. ................... ................. ................................. ........... . ...... ...... 12-14 BID BOND .................. .......... ........... ........ ........... ...... ......... ................................. ....... ............ .......................... 13-14 - TABLE OF CONTENTS I -

PROPOSAL TO THE CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS
NAME OF BIDDER Amerine Systems Inc.

BUSINESS P.O. BOX ____________________ _
CITY, STATE, ZIP _____________________ _
{ Please include even if P. 0. Box used)
BUSINESS STREET ADDRESS ------------------ 1 0866 Cleveland Ave CITY STATE ZIP Oakdale, CA, 95361 ' '
TELEPHONE NO.: AREA CODE ( 209 ) ___;;;_8-'-47"--.;;;._59;;;_;;6;_;;;.8 _________ _ FAX NO.: AREA CODE ( } __________ _
CONTRACTOR LICENSE NO.: ------------------ 493203
Department of Industrial Relations (DIR) Registration No.: _1 0_0_0_0_0_57_0_7 ____ _ The work for which this proposal is submitted is for construction in accordance with the special provisions (including the payment of not less than the State general prevailing wage rates), the project plans described below, including any addenda thereto, the contract annexed hereto, and also in accordance with the Current California Department of Transportation Standard Plans, Standard Specifications, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.

The special provisions and plans for the work to be done are dqted NOVEMBER 2025 and are entitled:
630.12

CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS

CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

BRIARWOOD DRIVE & HAMMATT AVENUE

SEWER LIFT STATION REHABILITATIONS
BID 1 of 14

Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.

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

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

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

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

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

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

The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal 630.12
BID 2-14

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

CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS

BID SCHEDULE

BRIARWOOD DRIVE & HAMMATT AVENUE

SEWER LIFT STATION REHABILITATIONS

BRIARWOOD DRIVE LIFT STATION REHABILITATION

ITEM ESTIMATED UNIT
NO. BID ITEM DESCRIPTION QUANTITY PRICE
1 Mobilization 1 LS $ $ 10,000.00
*{Item 1 not to exceed $10,000.00)
2 Traffic Control Plan 1 LS $ $5,000.00
""(Item 2 not to exceed $5,000.00)
3 Briarwood Drive Lift Station Temporary
Sewer Bypass $20,000.00 1 LS $
4 Briarwood Drive Lift Station Demolition 1 LS $ $ 50,000.00 5 Briarwood Drive Lift Station
Improvements 1 LS $ $ 310,000.00
6 Coordination, Arc-Flash and Short Circuit
Study $1 0,000.00 LS $
7 SCADA, PLC, and OIT Programming 1 LS $ $50,000.00
BRIARWOOD DRIVE LIFT STATION $ 455,000.00 REHABILITATION TOTAL BID $

HAMMATT AVENUE LIFT STATION REHABILITATION

ITEM ESTIMATED UNIT
NO. BID ITEM DESCRIPTION QUANTITY PRICE
8 Mobil ization 1 LS $ $1 0,000.00
*(Item 8 not to exceed $10,000.00)
9 Traffic Control Plan 1 LS $ $5,000.00
**(Item 9 not to exceed $5,000.00)
630.12
$
$
$
$
$
$
$
$
ITEM
TOTAL
*(See Note)
**(See Note)
ITEM
TOTAL
*(See Note)
-rsee Note)
BID 3-14

10 Hammatt Avenue Lift Station Temporary
Sewer Bypass 1 LS $ $20,000.00 $
11 Hammatt Avenue Lift Station Demolition 1 LS $ $50,000.00 $ 12 Hammatt Avenue Lift Station
$ $ 249,000.00 Improvements 1 LS $
13 Coordination, Arc-Flash and Short Circuit
Study $ i0,000.00 1 LS $ $
14 SCADA, PLC, and OIT Programming 1 LS $ $ 50,000.00 $ HAMMATT AVENUE LIFT STATION $ 394,000.00 REHABILITATION TOTAL BID $ TOTAL BID $ $ 849,000.00

TOTAL BID IS THE SUM OF BRIARWOOD DRIVE LIFT STATION REHABILITION PLUS HAMMATT AVENUE

LIFT STATION REHABILITATION TOTAL BID
NOTE: "TOTAL BID" is only on the last page of the Bid Schedule List 630.12
BID 4-14

INFORMATION REQUIRED OF BIDDER
List of Subcontractors
As of March 1,2015, Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/ContractorRegiS_ttatiPo.html In accordance with Title 49, Section 26.1 1 of the Code of Federal Regulations, and Section 41 04 of the Public Contract Code of the State of Cal ifornia, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 {whichever is greater). Photocopy this form for additional firms.

Bid Item
No. Description of Work to be Performed
630.12
1 1 Percent
I of Total
, Contract
Dept. of
Subcontractor's Industrial
License No. Relations (DIR) Subcontractor's Name and Address - _ . Realstration No.

Page
BID 5-
82 14

STATEMENT OF QUALIFICATIONS
Experience
Bidder shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
1 2 3
Los Banos West I Natural Disaster Modesto SR-1 32
Project Title Street Water Storage Rosemore Ave
Mitigation Project Pumping Plant
Public Agency City Of Los Banos Mariposa County City Of Modesto 31 1 West I St Nearest address to
Address Los Banos, CA, Multiple Work Sites site is 700 Rosemore 93635 Ave, Modesto CA
Telephone No. (209) 875-2948 {661 )487-2092 (209) 232-9078 Engineer in Charge Anna Chavez Richard Knight John Rawles Project Value ($) $ 699,251 .00 $ 572,900.00 $ 902,660.00 Date Accepted 2025 2025 2023
Claims Filed? NIA N/A N/A
If yes explain
below:
630.12
BID 6-1 4

(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder __
A
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e
_
ri
_
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_
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_
y
_
s
_
t
_
e
_
m_
s_
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_
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. _____________
. proposed subcontractor(s)
(list Subcontractor(s) above)
hereby certifies that he
□ has
00 has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable fi lling requirements.

Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 630.12
BID 7-14

PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder □ has
00 has not
been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 11 01 , with any public entity, as defined in Public Contract Code Section 11 00, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

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

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

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? □ Yes
00 No
If the answer is yes, explain the circumstances in the following space. 630.12
BID 8-14

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

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

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

CONTRACTOR'S CERTIFICATION REGARDING WORKERS'

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

Amerine Systems Inc.

By:
� 1"--- ,..r C.nntractor)
(Authorized Signature of Contractor)
Date: / � • ilr>-as630.12
BID 9-14

630.12
Noncollusion Affidavit
(Title 23 United States Code Section 11 2 and
Public Contract Code Section 71 06)
To the CITY of LIVINGSTON DEPARTMENT OF PUBLIC WORKS.

In conformance with Title 23 United States Code Section 11 2 and Public Contract Code 71 06 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and , further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

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

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

BID 10-14

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

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

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

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

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

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

Note: Providing false information may result in criminal prosecution or administrative sanctions.

The above certifications are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of these Certifications. 630.12
BID 11-14

Accompanying this proposal is _..,._&_...�· =�-11���-r:1'-"-'". -�Z,_c::J.�.,,,_/�· _· __________ _ (NOTICE: INSERT THE WORDS "CASH ($ __ ___,, " "CASHIER'S CHECK, " "CERTIFIED CHECK, " OR "BIDDER'S BOND, " AS THE CASE MAY BE.) in amount equal to at least ten percent of the total of the bid.

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

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

Licensed in conformance with an act providing for the registration of Contractors, License No. ----------- 493203 Classification{s) A, C-4, C-27, C-61 , D-21 , C-57, C-1 0 Department of Industrial Relations (DIR) Registration No. _1_0_0_0_0_0_5_7_0_7 _______ _

ADDENDA
This Proposal is submitted with respect to the changes to the contract included in Addenda Number/s (Fill in addenda numbers if addenda have been received and insert, in this Proposal, any Engineer's Estimate sheets that were received as part of the addenda.)
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 81 03 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). 630.12
Date: /l_/;tz,/z. JSiCll
!�
" rere
Authorized Signature and Title of Bidder
Business Address 10866 Cleveland Ave, Oakdale Ca 95361
Place of Business 1 0866 Cleveland Ave, Oakdale Ca 95361 Place of Residence 1 0866 Cleveland Ave, Oakdale Ca 95361 BID 12-14

ADDENDUM NO. 01
Date of Addendum: December 9, 2025
Project: Briarwood Drive & Hammatt A venue Sewer Lift Station Rehabilitations Owner: City of Livingston
Bid Date: December 16, 2025 at 2:00 p.m.

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

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

2. The Technical Specification are hereby modified to effect the following changes:
a. Add Section 4061 13 SCADA Modifications and Control 'System Provisions, attached.

Also attached for reference are screenshots of the existing SCADA display screens.

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

Gouveia Engineering Firm Name:

By:

Title:

By: Nick Fontaine, PE
Date: Jl.- Jl,.- .1S:
630. 12

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

BIDDER (Name and Address)
Amerine Systems Inc
10866 Cleveland Ave
Oakdale, CA 9536 1
OWNER (Name and Address):

CITY OF LIVINGSTON
1416 C Street
Livingston, CA 95334
BID
Bid Due Date: 12/1 6/2025
Description: (Project Name and
SURETY (Name, and Address of Principal Place
of Business):

Old Republic Surety Company
P.O. BOX 1635,
MILWAUKEE, WI 53201 - 1635
Location) BRIARWOOD DRIVE & HAMMATT AVENUE SEWER LIFT STATION REHABILITATIONS - Merced County, CA BOND
Bond
Number:

Date:

Penal
Sum:

BID
December 12, 2025
Ten Percent of Total Amount Bid $ (10% of Total Amount Bid) (Words) (Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER
_
A_
m
_
e
_
ri_
n_
e_s_ys_
t_
em_s_
ln_
c _______ (Sealj
Bidder'p Name �md �orporate Seal
By:

SURETY
By:

Old Republic Surety Company ______________ (Sealj
Surety's Name and Corporate Seal
Signature (Attach Power of Attorney)
Katherine Dupont
Print Name
Attorney-in-Fact
Title
Attest:

Signature
Lina Ramirez, Receptionist
Title
Note: Addresses are to be used for giving any required notice.

Provide execution by any additional parties, such as joint venturers, if necessary. 630.12
BID 13-1 4

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

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

3. This obl igation shall be null and void if:

3. 1 Owner accepts Bidder's Bid and Bidder del ivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

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

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

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

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

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.
8 . Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal del ivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and del iver such Bond and bind the Surety thereby. 1 0. This Bond is intended to conform to all applicable statutory requirements. Any appl icable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length . If any provision of this Bond confl icts with any appl icable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in confl ict therewith shall continue in full force and effect.
1 1 . The term "Bid" as used herein includes a Bid, offer, or proposal as appl icable. 630.12
BID 14-14

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

State of California
County of Sacramento
on ----'/'--. _2 __ /___._J_L___._/_Z_5 __ before me,
Rozy Gonzalez, Notary Public
(insert name and title of the officer)
personal ly appeared Katherine DuPont
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand anrl official seal.

Signature _______________ _ (Seal)
ROZ'i c;ot-iZALEZ
t-lotary Public • California f Sacramento County -
Commi��ion # 1489156
Y Comm. Expir� May 3, 2028

****
* *
! OLD REPUBLIC SURETY COMPANY
** ***

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint:

John T. Page, Ryan L. Tash, Susan Fournier, Katherine Dupont of Rancho Cordova, CA its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required) , bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds}, as follows:

ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed.

This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.

This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982.

RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person.

RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the preside nt, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons.

RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond , undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed.

IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 31st day of October 2022
�,,,,,�t
\11�;;'{:',,,
✓,, OLD REPUBLIC SURETY COMPANY
"-'� tfb" ---- ; � f�..:,
/
,.
c.0""°,_•; \1C'o \
[; 1 SEAL : H
\ o\, 1oa, /:�J ��� - .... , -- .,, , §"$ '"�,_,,,,1,,1,11,�111;v\\\�..f:' Assl'!,anl Secrela.v V President

STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
On this 31st day of October 2022
, personally came before me, Alan Payljc
and Karen J Haffner
, to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the - said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.

V Notary Public
My Commission Expires: September 28, 2026
CERTIFICATE (Expiration af notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore , that the Resolutions of the board of directors set forth in the Power of 70 0081
ORSC 22262 (3-06)
AssuredPartners of Ca Ins Serv
12th December Signed and sealed at the City of Brookfield , WI this ______ day of _______ _ 2025

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

BIDDER (Name and Address) SURETY (Name, and Address of Principal Place of Business):

OWNER (Name and Address):

BID
Bid Due Date:

Description: (Project Name and
Location)
BOND
Bond
Number:

Date:

Penal
Sum:
(Words)
$
(Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY
____________ (Sealj ____________ (Sealj
Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: ____________ By:

Signature Signature (Attach Power of Attorney)
Print Name Print Name
Title Title
Attest:

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

Provide execution by any additional parties, such as joint venturers, if necessary. 630.12
BID 13-14

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

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

3. This obl igation shall be null and void if:

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

3.2 All Bids are rejected by Owner, or

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

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

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

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

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

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

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

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

11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. 630.12
BID 14-14

UNITED

PAVEMENT

MAINTENANCE
P.O. BOX 1017 Hughson, CA 95326
Ph. NO. (209)883-4345
License NO. 905503 DBE # 49472
SB-PW# 2035821
DIR# 1000878534
2:00 p.m. (PST) on December 16, 2025
Bid For
Briarwood Drive & Hammatt Avenue Sewer Lift Station Rehabilitations Attention City Clerk
Office of the City Cierk of the City of Livingston,
1416 C Street Livingston, CA 95334
Attachment 5

CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS

BID BOOK
FOR

CONSTRUCTION OF

BRIARWOOD DRIVE & HAMMATT AVENUE

SEWER LIFT STATION REHABILITATIONS
Bid Opening Date: December 16, 2025 at 2:00 P.M. PST

GOUVEIA ENGINEERING
456 Sixth Street, Gustine, Cal ifornia 95322

BID BOOK

TABLE OF CONTENTS
PROPOSAL TO CITY ........................... ....... ......... ....... .... .. .............................................................. ........... .... 1-14 BID SCHEDULE ..... ....... ............... ... .......... .......... ....... ............. ..... ....... .......... ......... .. .......... .............. .... ...... ..... 3-14 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS ................ ..... ........ .... ...... ......... .................. .... 5-14 STATEMENT OF QUALIFICATIONS .... ........... ......... ...... .... ............ ........................ ........... .............. ... ........... 6-14 EQUAL OPPORTUNITY CERTIFICATION ........ ................ ...... ..... ..... ......... ............. ........ ...... .......... .............. 7-14 PUBLIC CONTRACT CODE STATEMENTS ............. ............. ........ ..................... ...................... .................... 8-14 PUBLIC CONTRACT CODE QUESTIONNAIRE ............. ....... ........ .... ....... .......... ....................... ....... .. ..... .. .... 8-14 CONTRACTOR'S CERTIFICATION REGARDING WORKER'S COMPENSATION INSURANCE ........ ....... 9-14 NONCOLLUSION AFFIDAVIT .. . ...... . .... ... .. ... .... ...... ... ... ....... . .. ............ . ................ .. . . .. ... . . ....... . . . . . .. . ..... ...... .... . ... 10-1 4 DEBARMENT AND SUSPENSION CERTIFICATION ............. ..... ..... .................. .... .......... ....... ...... ........ ... .... 11-14 NPDES/MS4 COMPLIANCE CERTIFICATION ...... .... ...... .................. .. ....... .. ... .... ............ ........... ................... 11-14 SIGNATURE PAGE ..... ....... ................. ................. .... .................. .......... ................ ........ .............................. .... 12-14 BID BOND .... ...... ..... .. .... .............. ..... ........................... .............. .. ..... .................. ........................ .. ... ................ 13-14 - TABLE OF CONTENTS I

PROPOSAL TO THE CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS
NAME OF BI DDER United Pavement Maintenance, Inc.

BUSINESS P.O. BOX --------------------- 1 01 7
CITY, STATE, ZIP Hughson, CA 95326
( Please include even if P. 0. Box used)
BUSINESS STREET ADDRESS ------------------ 2907 Tully Rd CITY, STATE, ZIP Hughson, CA 95326
TELEPHONE NO.: AREA CODE ( 209 ) _8_8_3-_4_34_5 __________ _ FAX NO.: AREA CODE ( 209 ) _4_9_8-_52_7_3 __________ _
CONTRACTOR LICENSE NO. : ------------------ 905503
Department of Industrial Relations (DIR) Registration No. : _1 _00_0_8_7_85_3_4 _____ _ The work for wh ich this proposal is submitted is for construction in accordance with the special provisions (including the payment of not less than the State general prevailing wage rates), the project plans described below, including any addenda thereto, the contract annexed hereto, and also in accordance with the Current California Department of Transportation Standard Plans, Standard Specifications, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accompl ished.

The special provisions and plans for the work to be done are dated NOVEMBER 2025 and are entitled:
630. 12

CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS

CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

BRIARWOOD DRIVE & HAMMATT AVENUE

SEWER LIFT STATION REHABILITATIONS
BID 1 of 14

Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.

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

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

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

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

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

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

The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person , firm, or corporation ; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal 630. 12
BID 2-14

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

CITY OF LIVINGSTON

DEPARTMENT OF PUBLIC WORKS

BID SCHEDULE

BRIARWOOD DRIVE & HAMMATT AVENUE

SEWER LIFT STATION REHABILITATIONS

BRIARWOOD DRIVE LIFT STATION REHAB/LITA TION

ITEM ESTIMATED UNIT
NO. BID ITEM DESCRIPTION QUANTITY PRICE
1 Mobil ization LS $ ,ol
ooo
*(Item 1 not to exceed $10,000.00)
2 Traffic Control Plan LS $ 6 IC!:X)
**(Item 2 not to exceed $5,000.00)
3 Briarwood Drive Lift Station Temporary
Sewer Bypass 1 LS $ ri.-lo , c.oBS
•
4 Briarwood Drive Lift Station Demolition 1 LS $\.\,p , 950 $
$
$
$
ITEM
TOTAL
l01DDD
*(See Note)
6!D0(J
**(See Note)
2=l,p I lo Os
\Lo ,q�o
5 Briarwood Drive Lift Station
Improvements LS $ 39±;J.35$ 3q4 110B
6 Coordination, Arc-Flash and Short Circuit v1 DD0 $ v Study 1 LS $ 1 DOD 7 SCADA, PLC, and OIT Programming LS $w1coo $ c:J) > 0 0 () BRIARWOOD DRIVE LIFT STATION 4'89 ss3 .
-
REHABILITATION TOTAL BID $

HAMMATT AVENUE LIFT STATION REHABILITATION

ITEM ESTIMATED UNIT ITEM
NO. BID ITEM DESCRIPTION QUANTITY PRICE TOTAL
8 Mobil ization 1 LS $ \D 1oo0 $ \Ol DDO
*(Item 8 not to exceed $10,000.00) *(See Note)
9 Traffic Control Plan 1 LS $ S\ODO $ 5 1 D0 0
**(Item 9 not to exceed $5,000.00) **(See Note)
630. 12
BID 3-14

10 11
12 13
14 Hammatt Avenue Lift Station Temporary
Sewer Bypass 1 LS $ 1-\o) 1f1 s $ '2--lp }±J s
Hammatt Avenue Lift Station Demol ition 1 LS $ \w19so $ \v> ) QSQ Hammatt Avenue Lift Station
$ b]q 1
Improvements 1 LS l oLDR $ :b7 9 ; Le LP i
Coordination, Arc-Flash and Short Circuit
Study 1 LS $ �\DOD $ lo l DDD
SCADA, PLC, and OIT Programming 1 LS $,?:1)1
DOO $ :C01
ooC)

HAMMATT AVENUE LIFT STATION
REHABILITATION TOTAL BID $ ___
1 '-t"�\� J�1 l.--f...:-,,\ () -:J...... --
)
....:0;;;;;_,,'-1.;..v=-•;...,__=
TOTAL BID $ ===='=,;;;i...�-=J q l_p6 ;'-==...!...=�=== 1 L-\ j:lp , --

TOTAL BID IS THE SUM OF BRIARWOOD DRIVE LIFT STATION REHABILITION PLUS HAMMATT AVENUE

LIFT STATION REHABILITATION TOTAL BID
NOTE: "TOTAL BID" is only on the last page of the Bid Schedule List 630. 12
BID 4-14

INFORMATION REQUIRED OF BIDDER
List of Subcontractors
As of March 1,2015, Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/ContractorRegistration . html In accordance with Title 49, Section 26. 11 of the Code of Federal Regulations, and Section 41 04 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $1 0,000 (whichever is greater). Photocopy this form for additional firms.

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

Backmon & Woody Electrical Company
�.7, 13 & 14 Electrical 41 % C1 0-588308 1000002789 1528 El Pinal Dr Stockton, Ca. 95201 630. 12
BID 5-14

STATEMENT OF QUALIFICATIONS
Experience
Bidder shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
1 2 3
Thornton Water Main Loopir g Clinton St Sewer & Odessa Way & Mark Ct Project Title Water Mains Improvement Project
County of San Joaquin City of Madera City of Oakdale
Public Agency
1 8 1 0 E. Hazel lton Ave 428 E. Yosemite Ave 455 S Fifth Ave Address Stockton, Ca. 95202 Madera, Ca. 93638 Oakdale, Ca. 209-60 1-1 599 559-66 1 -541 0 209-845-3600
Telephone No.

Daniel Saldana Elisa Perez Corina McDonald
Engineer in Charge
$1 ,1 46,934.00 $767,246.75 $708,826.30
Project Value ($)
09/24/2024 02/06/2025 03/1 9/2025
Date Accepted
No No No
Claims Fi led?
If yes explain
below:

N/A
630. 12
BID 6-14

(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

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

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The b
idder ___ U_n_i_te_d_P_a_v_e_m_e_n_t_M_a_i n_t_e_n_a_n_c_e_, _I n__c. _____ , propose� subcontractor(s) (list Subcontractor(s) above)
hereby certifies that he
f2l has
D has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 1111 4, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 630. 12
BID 7-1 4

(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

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

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder ___ _Un_ite_d_P_a_v_e_m__n e _Mt _a_in_t_e_n_a_n_c_e�, _I n_c_. _____ _, proposed subcontractor(s) Bockman & Woody Electrical Company
(list Subcontractor(s) above)
hereby certifies that he
IX] has
D has not
participated in a previous contract or subcontract subject to the equal opportu nity clauses, as required by Executive Orders 10925, 111 14, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Eq ual Employment Opportun ity, all reports due under the applicable fi lling requirements.

Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 630. 12
BID 7-14

(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

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

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder _______
u
_
n
_
it
_
e
_
d
_
P_
a_v_
em_en_t_M_a_i_nt_en_a_n_c_e_, l_n_c. _____ , proposed subcontractor(s) Chrisp Company
(list Subcontractor(s) above)
hereby certifies that he
fii'has
D has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the appl icable filling requirements.

Note: The above certification is part of the bid . Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 630. 12
BID 7-14

{THE BIDDER'S EXECUTION ON THE SIGNA TURE PORTION OF THIS PROPOSAL SHALL ALSO

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

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder _______
U_n_it_e_d_P_a_v_em_en_t_M_a_in_t_en_a_n_c_e_,
l_nc_. ____ � proposed subcontractor(s)
Verux, Inc.
(list Subcontractor(s) above)
hereby certifies that he
@has
D has not
participated in a previous contract or subcontract subject to the equal opportu nity clauses, as required by Executive Orders 10925, 11 11 4, or 11 246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportun ity, all reports due under the applicable fi lling requirements.

Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 630. 12
BID 7-14

PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285. 1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder D has
i;;zJ has not
been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, col lusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 11 01 , with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285. 1.

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

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

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? □ Yes
i;;z) No
If the answer is yes, explain the circumstances in the following space.

N/A
630. 12
BID 8-1 4

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

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

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

CONTRACTOR'S CERTIFICATION REGARDING WORKERS'

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

United Pavement Maintenance, Inc.
(Name of Contractor)
By: Rodolfo Ruvalcaba
(Authorized Signature of Contractor)
Date: 12/16/2025
630. 12
BID 9-1 4

630. 12
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 71 06)
To the CITY of LIVINGSTON DEPARTMENT OF PUBLIC WORKS.

In conformance with Title 23 United States Code Section 112 and Public Contract Code 71 06 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly col luded, conspired , connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

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

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

BID 10-14

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

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

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

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

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

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

Note: Providing false information may result in criminal prosecution or administrative sanctions.

The above certifications are part of the Proposal . Signing this Proposal on the signature portion thereof shall also constitute signature of these Certifications. 630. 12
BID 11 -14

"Bidder's Bond" Accompanying this proposal is ______________________ _ (NOTICE: INSERT THE WORDS "CASH ($ 1 0% J. " "CASHIER'S CHECK, " "CERTIFIED CHECK, " OR "BIDDER'S BOND, " AS THE CASE MAY BE.) in amount equal to at least ten percent of the total of the bid.

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

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

United Pavement Maintenance, Inc. S Corporation A California Corporation Rodolfo Ruvalcaba President.Treasurer, and Manager
Mabel Ruvalcaba Corporate Secretary
Licensed in conformance with an act providing for the registration of Contractors, License No. ----------- 905503 Classification(s) ___ A_, _B_, _C_1_0_, _C_3_1_, _C_3_2_.

Department of Industrial Relations (DIR) Registration No. __ 1 _0_0_0_8_7_8_5_3_4 ______ _

ADDENDA
This Proposal is submitted with respect to the changes to the contract included in Addenda Number/s 1 (Fill in addenda numbers if addenda have been received and insert, in this Proposal, any Engineer's Estimate sheets that were received as part of the addenda.)
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of Cal ifornia, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285. 1 are true and correct and that the bidder has complied with the requirements of Section 81 03 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the Cal ifornia Administrative Code). 630. 12
Date: 1 2/1 6/2025
Sian
�� i�
� r-ere Rodolfo Ruvalcaba - President
Authorized Signature and Title of Bidder
Business Address 2907 Tul ly Rd, Hughson, CA, 95326
Place of Business ---------------------- Hughson, CA
Place of Residence -Hughs ----- on , CA ---------------- BID 12-1 4

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

BIDDER (Name and Address)
United Pavement Maintenance, Inc.

P.O. Box 1017
Hughson, CA 95326
OWNER (Name and Address) :

BID
City of Livingston
1416 C Street
Livingston, CA 95334
Bid Due Date: December 16th, 2025
Description: (Project Name and
SURETY (Name, and Address of Principal Place
of Business): Atlantic Specialty Insurance Company
605 Highway 169 North, Suite BOO
Plymouth, MN 55441
Location) Briarwood Drive & Hammatt Avenue Sewer Lift Station Rehabil itations at Hammatt Avenue BOND
Lift Station in the City of Livingston
Bond
Number: CSBA-33057
Date: December 5th, 2025
Penal
Sum: Ten Percent of the Amount Bid
(Words)
$10%
(Figures)
Su rety and Bidder, intending to be legally bound hereby, subject to the terms set forth below. do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER
By :

United Pavement Maintenance, Inc. (Seal)
Bidd�r·s j-Jame a,:id Corporate Seal
v _,ignature
f.riod..o I r:,o f;,vvt< lc.a L '\
rlnt Name
�v-e s i cLevi. +-
Title
SURETY
By:

Atlantic Specialty Insurance Company (Seal)
Surety'�N�e and Corporate Seay--.

Sign1ture)Attach Power or ,o.rromey)
Magdalena R. Wolfe
Print Name
Attorney-in-Fact
Title
Attest:

See Attached Notary
Acknowledgment
Certificate Signature
Title
Note: Addresses are to be used for giving any required notice.

Provide execution by any additional parties, such as joint venturers, if necessary. 630.12
BID 13-14

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

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

3. This obligation shall be null and void if:

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

3.2 All Bids are rejected by Owner, or

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

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

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

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

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

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

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

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

11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. 630. 12
BID 14-14

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

State of California
County of Marin
On DEC O 5 2025 before me, -----------
Benjamin Wolfe, Notary Public
(insert name and title of the officer)
personally appeared Magdalena R. Wolfe
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature�

Bond No. CSBA-33057
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Adrian Langrell, Arturo Ayala, Ben Stong, Benjamin WoHe, Chelsea Liberatore, Daniel Huckabay, Frank Morones, Magdalena R. WoHe, Michael D Stong, Robert Wood, Shaunna Rozelle Ostrom, each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:

Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-inFact.

Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.

This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIAL TY INSURANCE COMPANY on the twenty-fifth day of September, 2012:

Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.

IN WITNESS WHEREOF, A TIANTIC SPECIAL TY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023.

STATE OF MINNESOTA

HENNEPIN COUNTY
By
Sarah A. Kolar, Vice President and General Counsel
On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIAL TY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she aclrnowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.

ALISON D. NASH-TROUT

NOTARY PUBLIC - MINNESOTA
My Commission Expires
January 31, 2030 Notary Public
I
I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force.

Signed and sealed. Dated 5th day of December 2025
This Power of Attorney expires
January 31, 2030
Please direct bond verifications to Sl.l.ll!Oc@inraqin,nrnncc mm Kara L.B. Barrow, Secretary

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

State of California
county of Stanislaus }
on
December 12, 2025 before me, Annette M Kinsfater, Notary Public Date Here Insert Name and Title of the Officer
Rodolfo Ruvalcaba - President
personally appeared --------------------------------
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ········�
ANNmE M. KINSFATER
Notary Public - California z
Merced County �
Commission # 2460852 -
y Comm. Expires Aug 25, 2027
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of Ca l ifornia that the foregoing
paragraph is true and correct.

WITNESS my hand and officia l seal.

Signature -----------,-�
Signature of Nofary P¢/ic

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

Description of Attached Document
Title or Type of Document: _B_id_B_o_n_d ____________________ _ Document Date: December 5, 2025 Number of Pages: Four
Signer(s) Other Than Named Above: _N_
0_0_1h_e_r_si_gn_e_rs __________________ _
Capacity(ies) Claimed by Signer(s)
Signer's Na me: _R_o_do_ti_o_R_u_va_lc_a_b_a ______ _
� Corporate Officer - Title(s):P_re_s_id_e_nt ____ _
□ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:

Signer is Representing: _________ _
Signer's Name: ____________ _
□ Corporate Officer - Title(s): ______ _ □ Partner - □ Limited □ General □ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:

Signer is Representing: _________ _
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STAFF REPORT
AGENDA ITEM : RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS

APPROVED BY CITY'S RECORD RETENTION SCHEDULE
MEETING DATE: January 6, 2026
PREPARED BY: Happy Bains, Finance Director/Assistant City Manager APPROVED BY: Jose A. Ramirez, City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt the attached resolution authorizing the destruction of certain records approved by city's records retention schedule.

BACKGROUND AND DISCUSSION :

The City Council , by Resolution , adopted a citywide records retention schedule, which establ ishes specified time periods to retain public records. Based on that schedule, each department periodically reviews its records and prepares a list of files that are no longer needed in the normal course of business and may legally be destroyed.

In accordance with the City's Records Retention Schedule, the City Manager's Department has identified boxes of records from 1999-2015 eligible for destruction and requests authorization to destroy the documents listed in Attachment 1.

FISCAL IMPACT :

The cost for these services will be expended from the approved Fiscal Year 2025/2026 budget to do not exceed $3,500 from the following accounts:
4896-3 702-43 88 v I

Department Account Description Amount
Gen era l Fu nd - Cou ncil 1100- 100-4310 Contra ct Servi ces $350 Gen era l Fu nd - Ad min 1100- 101-4310 Contra ct Servi ces $350 Gen era l Fu nd - Poli ce Depa rtment 1100- 102-4310 Contra ct Servi ces $350 Fi re Depa rtment 1231- 103-4310 Contra ct Services $350 Bu ilding Depa rtment 1120- 107-4310 Contra ct Servi ces $350 Pla nning Depa rtment 1120- 108-4310 Contra ct Services $350 Recreati on Depa rtment 1125- 106-4310 Contra ct Servi ces $350 Water Enterprise 2100-810-4310 Contra ct Services $350
Wa stewater Enterprise 2101-815-4310 Contra ct Services $350 Sa nitation Enterprise 2103-825-4310 Contra ct Servi ces $350 ATTACHMENTS:

1. Resolution No. 2026-XXX; Exhibit A - Records Destruction List

2. City of Livingston Records Retention Schedule

3. Shred-It Quote
4896-3 702-43 88 v I

RESOLUTION NO. XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS APPROVED BY

CITY'S RECORD RETENTION SCHEDULE
WHEREAS, the City Council, by Resolution, adopted a records retention schedule in accordance with the State's record retention schedule and established the procedure for the destruction of records; and
Attachment 1
WHEREAS, Government Code section 34090 provides that the head of a City department may destroy certain records, documents or instruments under his or her charge, without duplication, with the approval of the City Council by resolution and with the written consent of the City Attorney; and
WHEREAS, in compliance with the City of Livingston records retention schedule, it has been determined that certain records are no longer required for retention and accumulation of records has become unduly cumbersome.

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

1. Authorizes the destruction of the records reflected and attached and incorporated hereto, on the attached Exhibit A.

2. Directs City Staff to arrange for the actual destruction of listed records thereof.

3. The cost for these services will be expended from the approved Fiscal Year 2025/2026 budget to do not exceed $3,500 from the following accounts :

De partment Account Descri ption Amount
General Fund - Council 1100- 100-4310 Co ntract Services $350 General Fund -Admin 1100- 101-4310 Co ntract Servi ces $350 General Fund - Po lice Department 1100- 102-4310 Co ntract Services $350 Fi re Department 1231- 103-4310 Co ntract Servi ces $350 Buildin g Department 1120- 107-4310 Co ntract Services $350 Planning Department 1120- 108-4310 Co ntract Servi ces $350 Recreati on Department 1125- 106-4310 Co ntract Services $350 Water Enterp rise 2100-810-4310 Co ntract Services $350 Wastewater Enterprise 2101-815-4310 Co ntract Services $350 Sanitati on Enterprise 2103-825-4310 Co ntract Services $350 I hereby certify that the foregoing Resolution No. 2026-__ is a full, true and correct copy of a resolution duly passed and adopted by City Council of the City of Livingston at a regular meeting thereof duly held on XX day of January 2026, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

Resolution No. XXXX
ABSTAIN:

ATTEST:

Monica Cisneros, Deputy City Clerk
APPROVED AS TO LEGAL FORM:

Marc Barraza Tran, City Attorney
Exhibits
A. Records Destruction List
By :

-----------
Jose A. Moran, Mayor
of the City of Livingston

Resolution No. XXXX
Exhibit A
The City of Livingston Staff will destroy the following records:

Below is a list of the items that are in the boxes to be purged from 1999 to 2015.

Payroll
Accounts Payable
Cash Receipts
Building Plans
Building Perm its
Journal Entries
Bank Reconciliation
Utilities Files
o Final Billings
o Adjustments
o Billings
o Meter Reads
Online Payment Reports
Yard Sales
Citizen Concern Forms
Grants
Contract Agreements
Accounts Receivables
Bids, RFPS, RFQs
City Council Agendas and Staff Reports
Business Licenses

RECORDS MANAGEMENT · SUPPLEMENTAL
Records Retention Schedule
Table of Contents
Attachment 2

Citywide .............................................................................................................. 1 Attorney ................................... . .................................................................... .. .... 6 City Clerk .. .. ....... . ......................................................................................... . .... 10 City Manager .................................................................................................... 16 Development Services ........................................................... ........................... 17 Finance ............................................. . .......... . ...... .. .... . .... . ........................ . ......... 25 Fire .................................. ................................................. . ... . ........................ . .. 32 Human Resou rces ................................................. . ............. . .. . ..................... . ... 36 Information Technology .. . ........ . ............................... . .......... .................... . ..... . ... 41 Parks and Recreation .................................................... . ....... ........................... 43 Pol ice ................................................................................................................ 46 Public Works ........ . ..................................................... . ........ ....................... . ..... 53 Livingston Redevelopment Successor Agency (LRSA) ........ ............................ 58

RECORDS MANAGEMENT - SUPPLEMENTAL
Contact Information
Scope/Type :

Effective Date :

Category:

Document Authority:

Title :

Citywide Policy
04/20/2 1
Records
City Clerk
Records Retention Sched ule

Summary: The City of Livi ngston Records Management Pol icy ("Policy") provides for the preservation, protection , retention and legal disposition of records. It provides standards regarding the retention or disposal of City records and ensures information is avai lable when it is needed . This Records Retention Schedule is part of the Policy, and the Policy shall be referenced for more specific information regarding the City's record retention pol icies and procedures
Contact Information
For questions or concerns regarding this document contact:

Name :

Title:

Department:

Phone:

Email:

Mon ica Cisneros
Deputy City Clerk
City Clerk
(209) 394-5544
mcisneros@l ivi ngstoncity.com

RECORDS MANAGEMENT - SUPPLEMENTAL
Legend & Code Abbreviations
LEGEND
Active (AC) = The period of time that a record has yet to fulfill its administrative, fiscal, and/or legal fu nction/pu rpose.

Adoption (AD) = That point in time which a record , document, proposal, plan, or amendment is approved and given operative effect.

Affordabil ity Period = The period of time during which assisted property is encumbered by rent (AP) and occu pancy restriction s/covenants
Audit (AU) = The effective date of the ann ual audit (i.e., Ju ne 30). This term will generally be used in connection with fi nancial documents.

Closed/Completed = The poi nt in time which there is no further work to be done in connection (CL) with the task, project, or subject matter of the record .

Current (CU) = A record is cu rrent th roug hout the calendar year in which it was created.

Date of Birth (DOB) = Date of Birth
Election (E) = Election shall mean the election for which the materials were created.

Life (L) = The period of time during which a record or docu ment has admin istrative, fiscal or legal sign ificance or effect.

Permanent (P) = Records that are req uired to be kept in perpetu ity, usually identified by statute or other written guidance.

Repayment (R) = The fu ll repayment of fu nds previously borrowed or owed to the City.

Supersede (S) = The point in time in which a record is replaced or made obsolete, useless in favor of a new record .

Termination (T) = The point in time constituti ng the end , conclusion , resolution, or decision not to conti nue a pol icy, condition or relationsh ip.

Original may be = A docu ment which may be reprod uced and stored electron ically as the stored original record in complia nce with Government Code section 34090 .5 . electron ically Followi ng electronic conversion , the orig inal hardcopy may be destroyed (®) upon approval of City Manager.

CODE ABBREVIATIONS
B&P = Cal ifornia Busi ness & Professional Code
CAC = California Administrative Code
CCP = Code of Civil Proced ure
CCR = Code of Cal ifornia Reg ulations
CEQA = Cal ifornia Environmental Qual ity Act
B&P = Code of Federal Reg ulations
EC = Cal ifornia Elections Code
GC = California Government Code
H&S = California Health & Safety Code
HUD = Housing and Urban Development
OSHA = Occupational Safety & Health Agency
PC = Cal ifornia Penal Code
POST = Police Officers Standards Training
sos = Secretary of State
UFC = Uniform Fire Code
USC = United States Code
WIC = Welfare & Institutions Code

RECORDS MANAGEMENT - SUPPLEMENTAL
Common Citywide Documents
Items listed below can be found in almost every City department. The assigned retention period for any particu lar item is the same, regardless of the department in which it resides.

By listing the freq uently occu rri ng documents here, they need not be listed individ ually under each department. Further, most of the listed items refer to copies. However, a reader interested in learning the retention period for an original is encouraged to check the retention sched ule of the Primary Record-Keeping Department. If no department is ind icated under the Primary Record-Keeping Department column, there is no department for that item.

Subject / Item Retention Primary Record-Keeping
Period Department
Accounts Payable AU+5 Finance
Admin. Policies, citywide S+2 City Manager's Office
Ag reements/Contracts (includes leases, T+5 City Clerk's Office service, equip, & suppl ies) - Not CIP
Audio and Video Recordings - City Council 90 days City Clerk's Office.

Board & Commission Meetings
Awards/Certificates ( departmental) CU+3 Keep longer, if historically sign ificant
Bids, RFPs, RFQs - Successfu l AU+5 Finance/Public Works/City Clerk Bids, RFPs, RFQs - Unsuccessfu l CU+2 Finance/Public Works/City Clerk Brochures, publ ications, newsletters S+2
Budget Files (Departmental Work Files) AU+2
Cash Recei pts (copies) AU+4 Finance
CEQA Documentation p
Chronological/Miscellaneous Correspon dence CL+2
fi les ( departmental)
Legislative Body Agendas CU+5 In itiati ng Department (City Council, Commissions,
Committees, etc.)
Legislative Body Staff Reports CU+5 In itiating Department (City Council, Commissions,
Committees, etc. )
Legislative Body Minutes p City Clerk's Office
City Council communication CU+3
Closed Sess ion confidential memos AC+2 City Man ager's Office Conflict of Interest Statements (includes FPPC CU+7 City Clerk An nual Filing
Departmental personnel fi les of employees Tra nsfer Human Resources transferred to another dept. Date
+2
Departmental personnel fi les of terminated T+2 Human Resources employees (copies)
Fee Sched ules CU+2
Grant Files (subject to grant req uirements) CL+4
Grants - CDBG p
Litigation Hold Notices CL+2

RECORDS MANAGEMENT · SUPPLEMENTAL
Subject / Item Retention Department/Division (or
Period Comments)
Material Req uisition Forms (copies) AU+4 Finance
Miscel laneous correspondence, if not attached CU+2 Non-records retained as an to a working fi le (non-record) integral part of a fi le or in conjunction with original records
shall be reta ined in accordance
with the appropriate retention
sched ule
Municipal Code/Ord ina nces p City Clerk's Office
Operati ng Bud get document (copies) S+2 Finance (Department Reference) Operati ng Budget working fi les AC+2 Finance (Department Reference) Payroll Printouts (copies) AU+4 Finance
Payroll Times heets (copies) AU+6 Finance
Payroll Adj ustment Forms (copies) AU+4 Finance
Policies & proced ures (departmental) S+ 5
Press Releases cu +2 City Manager's Office
Purchase Orders (copies) AU+2 Finance
Safety Committee fi les (copies) CL+2 HR/Risk Management Telephone message pads/logs CU+1
Travel reimbursement (copies) AU+2

RECORDS MANAGEMENT · SUPPLEMENTAL

CITY CLERK
sos City Statutory Records Series Title Retention Retention Virtual Requirement Description Pol icy

ADMINISTRA TIVE
Applications for CL+2 Candidates not selected
commissions,
committees
Applications for T+5 Cand idates selected
commissions,
comm ittees
Articles of p ® City's birth certificate
Incorporation
Assessment Districts p ® Includes Engi neer's Report,
staff report, roll, etc.

Certifications/ CU+2 ® Copies used as samples;
Declarations (copies) orig inals are presented or
mailed
City Clerk's budget s S+2 Copies of adopted budget for
binder (copies) pu blic review
Contracts and T+5 ® CCP Leases , eq ui pment,
Agreements 337.2 services, su pplies
(Exel . Ca pital
Improvements)
Contracts and CL+10 ® CCP Construction, reconstruction , Agreements Incl uding 337. 15 mod ifications, upgrades; CIP particu larly CIP projects
OMV Correspondence CU+2 ® If not attached to agreement or project fi le
Litigated cases p ® GC Court docu ments/agreement
34090(b) re: fi nal actions/settlements
(received from legal counsel
after disposition)
Life Certificates p Orig inals are prepared & given
(copies) to pensioners from other
cou ntries
Mai ntenance Districts p ® Original documentation
Chronological/ CU+2 ® Orig inating department not a
miscellaneous part of an agreement or project
correspondence fi le
Mun icipal Code p ® Su pplements included
Program Work Files CU+2 ®
Proclamations copies CU+2 ® Orig inals are presented in person or mai led

RECORDS MANAGEMENT - SUPPLEMENTAL

CITY CLERK
sos City Statutory Records Series Title Retention Retention Virtual Requirement Description Pol icy
Proofs of Publ ication E+2 Proof of publication or posting, (Notifications and certification and listing of notice
Publ ications) of posting; copy of newspaper
notice and certification of offices
o be voted for at forthcom ing
election
Public Records Act CL+2 @
req uests
Subject fi les, generally CU+2 @
Su bpoenas p @ GC 34090(b)
Summons p GC 34090(b)
Recorded Documents p @ GC 34090(a) Orig inal documents with Merced Cou nty's recorded
information , & our unique
trackinq number
Recorded p @ GC 34090(a) City's evidence of
Documents Filed documents submitted
with Merced Cou nty and those never returned
Recorder
Recorded p @ GC 34090(a) Listing of all recorded
Documents documents with identifyi ng
Tracki ng Log information

CITY COUNCIL
Agendas, Council CU+2 CU+5 @ City Council Agendas
Agenda Staff Reports CU+2 CU+5 @ Staff reports, backup for agendas
Ordinances p @ GC 34090(e)
Ordinance Posting p @
Affidavits
Public Comment & cu + 2
Spea ker Cards
Resolutions p @ GC 34090(e) Orig inal legislative actions for City Council , RDA, Planning
Commission , etc.

Tapes - aud io/video CU+90 CU+2 @ GC 34090 .7 Ta pes, discs, or other days media record ings of
Council meetings, when
min utes for meeti ng exist.

Stud ies and Reports CL+2
(adopted )

RECORDS MANAGEMENT - SUPPLEMENTAL

CITY CLERK
sos City Statutory Records Series Title Retention Retention Virtual Requirement Description Pol icy

ELECTIONS
Ballots - Prop 218 CL+2 GC 53753
(Assessment Districts)
Canceled affid avits of E+5 @ EC 17000 Original may be dig itized and reg istration destroyed followi ng the first
general election after the
date of ca ncellation
Election Work Files CU+2 CU+5 Except papers with historical va lue; remove and reta in
History p @ Historica l value:
resolutions, ca nvass,
sample bal lot, preci nct
map, staff reports, costi ng
memo
Notices & Publ ications E+2 CU+5 GC 34090 Proofs of publication & posti ng, notices, etc.

Petitions: In itiative, 8 mos. EC 17200, After certification of election Referend um, Recall 17400 or if no election is held 8
months
after the clerk's fi nal
examination of the petition
Roster and Voter Lists E+5 EC 17300
FPPC FILINGS **May be dig itized and
destroyed after 2 years
Statements of T+7 @ GC 81 009(e) Form 700 (and outd ated Economic Interest 72 1)
Council campaign p @ GC 81 009(b) Including committees
statements supporting the officeholder
Elected Officials or candidate
Council campaign CU+5 @ GC 81 009(b) Including committees statements (not elected ) supporti ng the officeholder
or candidate
Campaign statements CU+? @ GC 81 009(c) Council fi ling as candidates for all other officials for
higher office
Misc. reports or CU+4 @ GC 81 009(f)
statements received by
the City Clerk
FPPC Forms 80 1 & T+7 @ GC 81 009(e) Forms publ ished Virtual to 802 re main
on City website for 4 years