Livingston City Council
July 21, 2026

STAFF REPORT
AGENDA ITEM: ADOPT A RESOLUTION RATIFYING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF LIVINGSTON AND THE
LIVINGSTON POLICE OFFICERS’ ASSOCIATION FOR THE PERIOD
OF JULY 1, 2025 THROUGH JUNE 30, 2026 AND ADOPTING A

REVISED COMPREHENSIVE PAY SCHEDULE
MEETING DATE: July 21, 2026
PREPARED BY: Arcelia Cruz, Human Resources Coordinator
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution ratifying the Memorandum of Understanding between the City of Livingston and the Livingston Police Officers’ Association for the term of July 1, 2025 through June 30, 2026 and adopting a revised Comprehensive Pay Schedule.

BACKGROUND:

The current Memorandum of Understanding (MOU) between the City of Livingston (City) and the Livingston Police Officers’ Association (LPOA) expired on June 30, 2025. The City started its labor negotiation meetings with the membership on April 22, 2025. Effective May 1, 2026, the LPOA is no longer represented by Operating Engineers OE-3 and the LPOA desires to maintain status quo for the successor MOU for the period of July 1, 2025 to June 30, 2026.

DISCUSSION
The parties have agreed to the terms as noted in the side letter (Exhibit A).

Item #1
Terms of Agreement Section 1: Maintain MOU status quo for the period of July 1, 2025, to June 30, 2026.

Item #2
Increases During Term of this Memorandum of Understanding Section 8.7: Effective retroactively to July 1, 2025 and within a reasonable period after City Council approval of this successor MOU, the City shall provide a three percent (3%) base pay increase to the pay ranges for all Association represented classifications with individual members maintaining their respective steps within those adjusted pay ranges.
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FISCAL IMPACT:

The Fiscal Year 2026/2027 approved budget includes 3% to cover base pay increases to all employees in the represented unit.

ATTACHMENTS:

1. Resolution 2026-___, of the City Council of the City of Livingston approving a successor Memorandum of Understanding (MOU) between the City of Livingston and Livingston Police Officers’ Association.

2. Side Letter – Exhibit A

3. Revised Comprehensive Pay Schedule
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RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON RATIFYING THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LIVINGSTON AND THE LIVINGSTON POLICE OFFICERS’ ASSOCIATION FOR THE PERIOD OF JULY 1, 2025 THROUGH JUNE 30, 2026, AND ADOPTING A REVISED COMPREHENSIVE PAY

SCHEDULE
WHEREAS, the current Memorandum of Understanding (“MOU”) between the City and the Livingston Police Officers’ Association (“Association”) covering the period July 1, 2024, through June 30, 2025 (“LPOA MOU 2024-25”) expired June 30, 2025; and WHEREAS, the City Manager and the Association Representatives have mutually agreed to maintain status quo for the MOU term of July 1, 2025, through June 30, 2026 WHEREAS, a MOU side letter has been presented to reflect all the negotiated terms of the MOU agreement (EXHIBIT A); and
WHEREAS, the Comprehensive Pay Schedule (Exhibit B) has been updated to reflect a three percent (3%) base pay increase to the pay ranges for all Association represented classifications with individual members maintaining their respective steps within those adjusted pay ranges WHEREAS, the City Council now desires to formally approve those changes in the Memorandum of Understanding as has been negotiated and approved by the Parties.

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

1. Approve a Successor Memorandum of Understanding between the City of Livingston and the Livingston Police Officers’ Association (LPOA), in a form approved by the City Attorney, and consistent with the terms included in the agreement attached hereto as Exhibit A, for the period of July 1, 2025, through June 30, 2026.

2. Adopt a revised Comprehensive Pay Schedule as shown in Exhibit B attached hereto and incorporated by this reference.

3. The Fiscal Year 2026/2027 approved budget includes 3% to cover base pay increases to all employees in the represented unit.

4. The above recitals are true and correct.

5. Authorize the City Manager to execute the Successor Memorandum of Understanding and approved side letter agreement terms.

6. This resolution is effective immediately upon adoption.

I hereby certify that the foregoing Resolution No. 2026-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 21st day of July 2026, by the vote recorded as follows:
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AYES:

NOES:

ABSENT:

ABSTAIN:

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

APPROVED AS TO LEGAL FORM
____________________________________
City Attorney or Assistant City Attorney
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Exhibit A
1 MOU Side Letter Agreement Between the City of Livingston and Livingston Police Officers’ Association
Re: Fiscal Year 2025/2026
Item #1
Terms of Agreement Section 1: Maintain MOU status quo for the period of July 1, 2025, to June 30, 2026.

Item #2
Increases During Term of this Memorandum of Understanding Section 8.7: Effective retroactively to July 1, 2025, and within a reasonable period after City Council approval of this successor MOU, the City shall provide a three percent (3%) base pay increase to the pay ranges for all Association represented classifications with individual members maintaining their respective steps within those adjusted pay ranges.

This letter of agreement shall become fully effective upon signature of the City representative and association representative and upon ratification by City Council and Bargaining Unit. ____________________________________ Date__________________ Daihn Villarreal, Association Representative
____________________________________ Date__________________ Destiny Mendoza, Association Representative
____________________________________ Date__________________ Jose Antonio Ramirez, City Manager
City of Livingston
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Exhibit B
Approved by Council on 6/16/2026
CLASSIFICATION Bargaining Group Type A B C D E F
Hourly 18.25 19.16 20.12 21.13 22.18 23.29
Monthly 3,163.34 3,321.50 3,487.58 3,661.96 3,845.06 4,037.31 Annually 37,960.06 39,858.06 41,850.96 43,943.51 46,140.69 48,447.72 Hourly 31.16 32.71 34.35 36.07 37.87
Monthly 5,400.51 5,670.53 5,954.06 6,251.76 6,564.35
Annually 64,806.07 68,046.38 71,448.70 75,021.13 78,772.19 Hourly 36.06 37.87 39.76 41.75 43.84
Monthly 6,251.22 6,563.79 6,891.98 7,236.57 7,598.40
Annually 75,014.70 78,765.43 82,703.71 86,838.89 91,180.84 Hourly 21.69 22.77 23.91 25.11 26.36 27.68
Monthly 3,759.05 3,947.00 4,144.35 4,351.57 4,569.14 4,797.60 Annually 45,108.56 47,363.99 49,732.18 52,218.79 54,829.73 57,571.22 Hourly 25.77 27.06 28.41 29.83 31.33 32.89
Monthly 4,467.24 4,690.60 4,925.13 5,171.39 5,429.96 5,701.46 Annually 53,606.87 56,287.22 59,101.58 62,056.65 65,159.49 68,417.46 Hourly 25.77 27.06 28.41 29.83 31.33 32.89
Monthly 4,467.24 4,690.60 4,925.13 5,171.39 5,429.96 5,701.46 Annually 53,606.87 56,287.22 59,101.58 62,056.65 65,159.49 68,417.46 Hourly 22.23 23.34 24.51 25.73 27.02 28.37
Monthly 3,853.17 4,045.82 4,248.12 4,460.52 4,683.55 4,917.72 Annually 46,237.99 48,549.89 50,977.39 53,526.26 56,202.57 59,012.70 Hourly 24.05 25.25 26.52 27.84 29.23
Monthly 4,168.75 4,377.19 4,596.05 4,825.85 5,067.14
Annually 50,025.00 52,526.25 55,152.56 57,910.19 60,805.70 Assistant to the City Manager/Deputy City Clerk Hourly 46.89 49.24 51.70 54.28 57.00 Mgmt./Confidential Monthly 8,127.91 8,534.30 8,961.02 9,409.07 9,879.52 Annually 97,534.90 102,411.65 107,532.23 112,908.84 118,554.28 Hourly 20.56 21.59 22.67 23.81 25.00
Monthly 3,564.48 3,742.70 3,929.84 4,126.33 4,332.65
Annually 42,773.76 44,912.45 47,158.07 49,515.97 51,991.77 Hourly 64.53 67.76 71.15 74.71 78.44
Monthly 11,185.89 11,745.18 12,332.44 12,949.07 13,596.52 Annually 134,230.68 140,942.21 147,989.32 155,388.79 163,158.23 Hourly
Monthly 100.00
Annually
Hourly
Monthly 300.00
Annually
Hourly 72.30 76.10 80.11 84.32 88.76
Monthly 12,531.18 13,190.71 13,884.96 14,615.75 15,385.00 Annually 150,374.14 158,288.57 166,619.55 175,389.00 184,620.00 Hourly
Monthly 60.00
Annually
Hourly 26.68 28.02 29.42 30.89 32.43
Monthly 4,625.18 4,856.44 5,099.27 5,354.23 5,621.94
Annually 55,502.21 58,277.32 61,191.19 64,250.75 67,463.29 Hourly 57.81 60.70 63.73 66.92 70.26
Monthly 10,019.75 10,520.74 11,046.78 11,599.12 12,179.07 Annually 120,237.05 126,248.90 132,561.35 139,189.42 146,148.89 Hourly 28.68 30.12 31.62 33.20 34.86
Monthly 4,971.57 5,220.15 5,481.15 5,755.21 6,042.97
Annually 59,658.81 62,641.75 65,773.84 69,062.53 72,515.66 Hourly 19.57 20.55 21.58 22.66 23.79
Monthly 3,392.92 3,562.57 3,740.69 3,927.73 4,124.12
Annually 40,715.04 42,750.79 44,888.33 47,132.75 49,489.39 Hourly 17.93 18.83 19.77 20.76 21.79
Monthly 3,107.74 3,263.12 3,426.28 3,597.59 3,777.47
Annually 37,292.84 39,157.48 41,115.36 43,171.13 45,329.68 Hourly 20.25 21.26 22.33 23.44 24.61
Monthly 3,510.05 3,685.55 3,869.83 4,063.32 4,266.48
Annually 42,120.56 44,226.59 46,437.92 48,759.81 51,197.80 Hourly 56.00 58.80 61.74 64.83 68.07
Monthly 9,707.10 10,192.46 10,702.08 11,237.18 11,799.04 Annually 116,485.20 122,309.46 128,424.94 134,846.18 141,588.49 Hourly 29.78 31.27 32.84 34.48 36.20
Monthly 5,162.57 5,420.70 5,691.74 5,976.32 6,275.14
Annually 61,950.86 65,048.41 68,300.83 71,715.87 75,301.66 Hourly 63.35 66.52 69.85 73.34 77.01
Monthly 10,981.20 11,530.26 12,106.77 12,712.11 13,347.71 Annually 131,774.35 138,363.07 145,281.22 152,545.28 160,172.55 Hourly 35.24 37.00 38.85 40.79 42.83
Monthly 6,107.80 6,413.19 6,733.85 7,070.54 7,424.07
Annually 73,293.57 76,958.25 80,806.16 84,846.47 89,088.80 Hourly 27.92 29.32 30.79 32.33 33.94
Monthly 4,840.11 5,082.11 5,336.22 5,603.03 5,883.18
Annually 58,081.30 60,985.36 64,034.63 67,236.36 70,598.18 Hourly 27.92 29.32 30.79 32.33 33.94
Monthly 4,840.11 5,082.11 5,336.22 5,603.03 5,883.18
Annually 58,081.30 60,985.36 64,034.63 67,236.36 70,598.18 Hourly 26.63 27.96 29.36 30.83 32.37
Monthly 4,616.41 4,847.24 5,089.60 5,344.08 5,611.28

COMPREHENSIVE PAY SCHEDULE
Effective: July 21, 2026
Lead Maintenance Worker AFSCME/Public Works
Lead Parks/landscape Worker AFSCME/Public Works
Maintenance Mechanic AFSCME/Public Works
Finance Director/Assistant City Manager Unrepresented
Human Resources Coordinator Mgmt./Confidential
Custodian II AFSCME/Public Works
Director of Public Works Unrepresented
Executive Assistant to the City Manager Mgmt./Confidential Communications/Records Manager Mgmt./Confidential
Community Service Officer Unrepresented
Custodian I AFSCME/Public Works
City Treasurer Elected
Code Compliance Officer LPOA
Community Development Director Mgmt./Confidential
City Clerk Elected
City Council Elected
City Manager Unrepresented
Assistant Planner Unrepresented
Building Official Unrepresented
Chief of Police Unrepresented
Account Clerk Clerical
Accountant I Mgmt./Confidential
Administrative Analyst PW Clerical
Administrative Assistant Clerical
Accountant II Mgmt./Confidential
Accounting Technician Clerical
Administrative Analyst Clerical
-I I I I ■
111111111111111
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Annually 55,396.98 58,166.83 61,075.17 64,128.93 67,335.37 Hourly 21.33 22.40 23.52 24.70 25.93
Monthly 3,697.71 3,882.60 4,076.73 4,280.57 4,494.59
Annually 44,372.56 46,591.19 48,920.75 51,366.78 53,935.12 Hourly 24.70 25.93 27.23 28.59 30.02
Monthly 4,281.29 4,495.36 4,720.13 4,956.13 5,203.94
Annually 51,375.54 53,944.31 56,641.53 59,473.60 62,447.28 Hourly 16.90 17.75 18.63 19.56 20.54 21.57
Monthly 2,929.34 3,075.81 3,229.60 3,391.08 3,560.63 3,738.66 Annually 35,152.08 36,909.68 38,755.17 40,692.93 42,727.57 44,863.95 Hourly 64.13 67.34 70.71 74.24 77.95
Monthly 11,116.52 11,672.34 12,255.96 12,868.76 13,512.19 Annually 133,398.19 140,068.09 147,071.50 154,425.07 162,146.33 Hourly 39.18 41.14 43.20 45.36 47.63
Monthly 6,791.75 7,131.34 7,487.91 7,862.30 8,255.42
Annually 81,501.03 85,576.08 89,854.89 94,347.63 99,065.01 Hourly 37.22 39.08 41.03 43.09 45.24
Monthly 6,451.28 6,773.85 7,112.54 7,468.17 7,841.58
Annually 77,415.40 81,286.17 85,350.48 89,618.01 94,098.91 Hourly 39.10 41.06 43.11 45.27 47.53
Monthly 6,777.63 7,116.51 7,472.33 7,845.95 8,238.25
Annually 81,331.53 85,398.10 89,668.01 94,151.41 98,858.98 Hourly 21.68 22.76 23.90 25.10 26.35
Monthly 3,757.75 3,945.64 4,142.92 4,350.07 4,567.57
Annually 45,093.00 47,347.65 49,715.03 52,200.78 54,810.82 Hourly 19.37 20.34 21.35 22.42 23.54
Monthly 3,357.02 3,524.87 3,701.11 3,886.17 4,080.48
Annually 40,284.23 42,298.44 44,413.36 46,634.03 48,965.73 Hourly 29.16 30.62 32.15 33.76 35.45
Monthly 5,054.73 5,307.46 5,572.83 5,851.48 6,144.05
Annually 60,656.70 63,689.54 66,874.02 70,217.72 73,728.60 Hourly 30.64 32.17 33.78 35.47 37.24
Monthly 5,310.28 5,575.80 5,854.58 6,147.31 6,454.68
Annually 63,723.37 66,909.54 70,255.02 73,767.77 77,456.16 Hourly 19.18 20.14 21.15 22.20 23.31
Monthly 3,324.62 3,490.86 3,665.40 3,848.67 4,041.10
Annually 39,895.50 41,890.27 43,984.79 46,184.02 48,493.23 Hourly 17.67 18.56 19.49 20.46 21.48
Monthly 3,063.63 3,216.81 3,377.65 3,546.54 3,723.86
Annually 36,763.58 38,601.76 40,531.85 42,558.44 44,686.37 Hourly 47.83 50.22 52.73 55.37 58.14
Monthly 8,290.86 8,705.40 9,140.67 9,597.70 10,077.59
Annually 99,490.30 104,464.81 109,688.05 115,172.45 120,931.08 Hourly 50.25 52.76 55.40 58.17 61.08
Monthly 8,709.91 9,145.40 9,602.67 10,082.81 10,586.95
Annually 104,518.89 109,744.83 115,232.08 120,993.68 127,043.36 Hourly 54.87 57.61 60.49 63.51 66.69
Police Support Operations Manager Mgmt./Confidential Monthly 9,510.10 9,985.61 10,484.89 11,009.14 11,559.59 Annually 114,121.26 119,827.32 125,818.69 132,109.62 138,715.10 Hourly 21.68 22.76 23.90 25.10 26.35
Monthly 3,757.75 3,945.64 4,142.92 4,350.07 4,567.57
Annually 45,093.00 47,347.65 49,715.03 52,200.78 54,810.82 Hourly 27.98 29.38 30.85 32.39 34.01
Monthly 4,850.31 5,092.83 5,347.47 5,614.84 5,895.58
Annually 58,203.72 61,113.91 64,169.60 67,378.08 70,746.99 Hourly 31.16 32.72 34.36 36.07 37.88
Monthly 5,401.29 5,671.35 5,954.92 6,252.67 6,565.30
Annually 64,815.48 68,056.25 71,459.06 75,032.02 78,783.62 Hourly 41.55 43.63 45.81 48.10 50.50
Monthly 7,201.77 7,561.86 7,939.95 8,336.95 8,753.80
Annually 86,421.25 90,742.32 95,279.43 100,043.40 105,045.57 Hourly 32.62 34.25 35.97 37.76 39.65
Monthly 5,654.48 5,937.20 6,234.06 6,545.76 6,873.05
Annually 67,853.70 71,246.39 74,808.71 78,549.14 82,476.60 Hourly 16.90 17.75 18.63 19.56 20.54 21.57
Monthly 2,929.34 3,075.81 3,229.60 3,391.08 3,560.63 3,738.66 Annually 35,152.08 36,909.68 38,755.17 40,692.93 42,727.57 44,863.95 Hourly 18.24 19.16 20.11 21.12 22.17 23.28
Monthly 3,162.19 3,320.30 3,486.31 3,660.63 3,843.66 4,035.85 Annually 37,946.28 39,843.60 41,835.78 43,927.57 46,123.94 48,430.14 Hourly 26.87 28.21 29.63 31.11 32.66
Monthly 4,657.68 4,890.56 5,135.09 5,391.84 5,661.44
Annually 55,892.14 58,686.74 61,621.08 64,702.13 67,937.24 Hourly 21.16 22.22 23.33 24.50 25.72 27.01
Monthly 3,668.37 3,851.79 4,044.38 4,246.60 4,458.93 4,681.87 Annually 44,020.44 46,221.46 48,532.54 50,959.16 53,507.12 56,182.48 Hourly 49.85 52.34 54.96 57.71 60.59
Monthly 8,640.62 9,072.65 9,526.28 10,002.59 10,502.72
Annually 103,687.40 108,871.77 114,315.36 120,031.13 126,032.69 Hourly 28.45 29.88 31.37 32.94 34.59 36.32
Monthly 4,932.10 5,178.70 5,437.64 5,709.52 5,995.00 6,294.75 Annually 59,185.18 62,144.44 65,251.66 68,514.25 71,939.96 75,536.96 Hourly 30.01 31.51 33.09 34.74 36.48 38.30
Monthly 5,201.83 5,461.92 5,735.02 6,021.77 6,322.86 6,639.00 Annually 62,421.98 65,543.08 68,820.23 72,261.24 75,874.31 79,668.02 Hourly 16.90 17.75 18.63 19.56 20.54 21.57
Monthly 2,929.34 3,075.81 3,229.60 3,391.08 3,560.63 3,738.66 Annually 35,152.08 36,909.68 38,755.17 40,692.93 42,727.57 44,863.95 Hourly 38.14 40.04 42.05 44.15 46.36
Senior Office Assistant Clerical
Senior Planner Mgmt./Confidential
Senior Accountant Mgmt./Confidential
Senior Administrative Analyst Clerical
Senior Administrative Analyst/Comm. Develop. Clerical
Recreation Specialist Clerical
Recreation Superintendent Mgmt./Confidential
Senior Account Clerk Clerical
Public Works Superintendent Mgmt./Confidential
Public Works Supervisor Water Division Mgmt./Confidential Recreation Coordinator Clerical
Public Services Officer LPOA
Public Works Lead AFSCME/Public Works
Public Works Street Supervisor Mgmt./Confidential
Police Records Assistant LPOA
Police Sergeant Supervisory
Police Sergeant w/Degree Supervisory
Police Officer LPOA
Police Officer w/Degree LPOA
Police Public Assistant LPOA
Police Corporal w/Degree LPOA
Police Dispatcher LPOA
Police Office Assistant II LPOA
Police Lieutenant Supervisory
Police Commander Supervisory
Police Corporal LPOA
Maintenance Worker I AFSCME/Public Works
Maintenance Worker II AFSCME/Public Works
Office Assistant I Clerical
Maintenance Mechanic AFSCME/Public Works
169 of 214
Monthly 6,610.55 6,941.08 7,288.13 7,652.54 8,035.17
Annually 79,326.62 83,292.95 87,457.60 91,830.48 96,422.00 Hourly 22.95 24.10 25.31 26.57 27.90
Monthly 3,978.63 4,177.56 4,386.44 4,605.76 4,836.05
Annually 47,743.54 50,130.72 52,637.26 55,269.12 58,032.58 Hourly 24.12 25.33 26.59 27.92 29.32
Monthly 4,181.18 4,390.24 4,609.75 4,840.24 5,082.25
Annually 50,174.12 52,682.83 55,316.97 58,082.82 60,986.96 Hourly 26.63 27.96 29.36 30.83 32.37
Monthly 4,616.41 4,847.24 5,089.60 5,344.08 5,611.28
Annually 55,396.98 58,166.83 61,075.17 64,128.93 67,335.37 Hourly 32.38 34.00 35.70 37.48 39.36
Monthly 5,612.28 5,892.89 6,187.54 6,496.91 6,821.76
Annually 67,347.33 70,714.70 74,250.43 77,962.95 81,861.10 Hourly 36.71 38.55 40.47 42.50 44.62
Monthly 6,363.39 6,681.56 7,015.64 7,366.42 7,734.75
Annually 76,360.73 80,178.77 84,187.71 88,397.09 92,816.95 Hourly 41.11 43.16 45.32 47.59 49.97
Monthly 7,125.36 7,481.63 7,855.71 8,248.50 8,660.92
Annually 85,504.35 89,779.56 94,268.54 98,981.97 103,931.07 Hourly 43.44 45.61 47.89 50.29 52.80
Monthly 7,529.73 7,906.22 8,301.53 8,716.61 9,152.44
Annually 90,356.80 94,874.64 99,618.37 104,599.29 109,829.25 Transitional Phase for Water/Wastewater Operators
Hourly 26.60 27.93 29.32 30.79 32.33 33.95
Monthly 4,610.39 4,840.91 5,082.95 5,337.10 5,603.95 5,884.15 Annually 55,324.64 58,090.87 60,995.42 64,045.19 67,247.45 70,609.82 CLASSIFICATION Bargaining Group Type A B C D E F
Hourly 34.20 37.71 41.58 45.84 50.53
Monthly 5,928.83 6,536.54 7,206.53 7,945.20 8,759.00
Annually 71,146.00 78,438.47 86,478.41 95,342.44 105,108.00 Hourly 28.19 31.08 34.26 37.77 41.58
Monthly 4,885.67 5,386.45 5,938.56 6,547.26 7,207.83
Annually 58,628.00 64,637.37 71,262.70 78,567.13 86,494.00 Hourly 31.04 34.22 37.73 41.60 45.81
Monthly 5,380.67 5,932.19 6,540.23 7,210.61 7,941.17
Annually 64,568.00 71,186.22 78,482.81 86,527.30 95,294.00 Resident Firefighter TBD Daily 400.00 420.00
* Degree includes: AA, BA, Intermediate or Advanced Post Certificates. No compounding for multiple degrees or certificates as stated in the MOU's.

Classification of Office Assistant I, Office Assistant II, Administrative Assistant, Recreation Specialist, Recreation Coordinator, Administrative Analyst and Sr. Administrative Analyst positions are not specific to one department. Their positions can be used in any of the City's various departments and/or may be used by multiple departments as determined by the City Manager.

Positions are filled on a full-time or part-time basis as determined by the City Manager.

CLASSIFICATION STEP

A B C D E
Administrative Analyst 19.38 20.35 21.37 22.44 23.56
Administrative Assistant 16.72 17.55 18.43 19.35 20.32
Building Maintenance Worker 16.90 17.75 18.63 19.56 20.54 Code Compliance Officer 25.91 27.20 28.56 29.99 31.49
Grants Analyst 26.00 27.30 28.67 30.10 31.60
Lifeguard 16.90 17.90 18.80 19.73 20.72
Maintenance Specialist 19.10 20.06 21.06 22.11 23.22
Maintenance Worker I 16.90 17.75 18.63 19.56 20.54
Office Assistant I 16.90 17.75 18.63 19.56 20.54
Office Assistant II 16.90 17.75 18.63 19.56 20.54
Police Dispatcher 17.05 17.90 18.79 19.73 20.72
Police Records Assistant 16.90 17.75 18.63 19.56 20.54
Recreation Leader 16.90 17.75 18.63 19.56 20.54
Recreation Specialist 16.90 17.75 18.63 19.56 20.54
Reserve Police Officer 25.75 27.04 28.39 29.81 31.30
Sr. Administrative Analyst 21.40 22.47 23.60 24.78 26.02 *Part-Time Classifications State Minimum Wage Increase are effective 1/1/2025 Approved Revision by Council on 1/21/2025 - Added ATCM removed Executive Assistant/Deputy City Clerk

1.30.2025 - Adding 4% to SEA/LPOA Classifications - Approved 2/4/2025

3.18.2025 -Added Police Support Operations Manager removed Administrative Services Manager

4.1.2025 - Updated Salary Range for Public Works Superintendent Added Maintenance Specialist Part-Time Classification - Approved by Resolution on 7/15/2025

11.4.2025 - Approved Code Compliance Officer PT Position

12.2.2025 - Approved updated State Minimum Wage effective 1/1/2026 Water/Wastewater Operator OIT (in training) AFSCME/Public Works Senior Planner Mgmt./Confidential
Street Sweeper Operator AFSCME/Public Works

PART-TIME COMPREHENSIVE PAY SCHEDULE
Water/Wastewater Operator II AFSCME/Public Works
Water/Wastewater Operator III AFSCME/Public Works
Water/Wastewater Manager Mgmt./Confidential
Utility Worker I AFSCME/Public Works
Utility Worker II AFSCME/Public Works
Water/Wastewater Operator I AFSCME/Public Works

FIRE SERVICES COMPREHENSIVE PAY SCHEDULE
Fire Captain TBD
Fire Engineer TBD
Fire Lieutenant TBD
170 of 214

1.20.2026 - Approved 3% to Management and Confidential Classifications, Finance Director/ASM, Director of Public Works.

1.20.2026 - Approved Fire Services classifications

2.3.2026 - Approved 3% to AFSCME Bargaining Group

6.16.2026 - Approved 3% SEA effective 7/1/2025

6.16.2026 - Approved 3% to Management and Confidential Classifications, Finance Director/ASM, Director of Public Works. Approved 3% to AFSCME effective 7/1/2026

7.21.2026 - Draft pending Council Approval of LPOA 3% effective 7/1/2025 171 of 214

STAFF REPORT
AGENDA ITEM: Adopt a Resolution Accepting Completion of the Well No. 8A Development and Equipment Project, Authorizing the City Clerk to File a Notice of Completion with Merced County, and Authorizing the City Manager to Make Final Payment of Retention Monies to Conco West, Inc.

MEETING DATE: July 21, 2026
PREPARED BY: Mario Gouveia, City Engineer
REVIEWED BY: Jose A. Ramirez, City Manager
Anthony Chavarria, Public Works Director
RECOMMENDATION:

Staff recommends Council adopt Resolution No. 2026- , accepting completion of the Well No. 8A Development and Equipment Project, authorizing the City Clerk to file a Notice of Completion with Merced County, and authorizing the City Manager to Make Final Payment of Retention Monies to Conco West, Inc.

BACKGROUND AND DISCUSSION:

Existing Well No. 8 is nearing its useful life and is in need of replacement. Well No. 8A was constructed on-site, approximately 200 feet southeast of the existing well location, to serve as the replacement production well for the City’s existing Well No. 8.

The major work for the project consisted of drilling and casing a new municipal well, including developing, testing, and related tasks at the City of Livingston Well No. 8A site located on North Main Street, approximately 300 feet north of Celia Drive. Work also included equipping a 1,700-gpm municipal well with a vertical turbine pump, electric motor, well discharge and site yard piping, connection to the existing GAC filter piping manifold, electrical equipment and controls, and miscellaneous improvements to the well site.

Following a public bidding process, on February 7, 2023, the City Council awarded a contract to Conco West, Inc. in the amount of three million six hundred twenty-one thousand five hundred dollars and zero cents ($3,621,500.00), and subsequently entered into an Agreement with the Contractor on February 17, 2023.

The project’s construction phase started on September 1, 2023. The Contractor completed all work as of May 28, 2026, and the Public Works Department and City Engineer have completed a final inspection of the project. The work was found to be in compliance with the approved plans and specifications.

Therefore, the work should be accepted as complete and a Notice of Completion filed with Merced County. If no claims are filed within 35 days after recordation, the retention in the amount of one hundred ninety four thousand three hundred eighty dollars and forty one cents ($194,380.41) should be paid to Conco West, Inc.

The City issued twelve (12) Change Orders in the total amount of two hundred sixty six thousand one hundred eight dollars and seventeen cents ($266,108.17). The final construction contract cost inclusive 172 of 214
of all authorized work was three million eight hundred eighty seven thousand six hundred eight dollars and seventeen cents ($3,887,608.17).

A summary of contract costs are as follows:

PROJECT COST SUMMARY
Original Contract Award $ 3,621,500.00
Change Order No. 1 ($6,095.00)
Change Order No. 2 $9,982.00
Change Order No. 3 $31,533.00
Change Order No. 4 $23,052.50
Change Order No. 5 $32,258.50
Change Order No. 6 (Time extension only) $0.00
Change Order No. 7 $56,001.47
Change Order No. 8 $120,094.00
Change Order No. 9 $20,316.41
Change Order No. 10 $3,965.29
Change Order No. 11 (Time extension only) $0.00
Change Order No. 12 ($25,000.00)
Final Construction Cost $3,887,608.17
The change orders primarily addressed modifications to well construction and pumping components, additional water quality testing and sampling related to arsenic levels, and operational improvements to maintain functionality of the existing well system. Additional work also included site and trench stabilization measures, installation of well pump control equipment, and owner-requested system modifications, along with associated construction items.

FISCAL IMPACT:

Funding for this project was encumbered during Fiscal Year 2025/2026 and expended through the Water Capital Fund (2104-830-7641)-Well #8A.

ATTACHMENTS:

1. Resolution 2026-

2. Notice of Completion
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RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ACCEPTING COMPLETION OF THE WELL NO. 8A DEVELOPMENT AND EQUIPMENT

PROJECT, AUTHORIZING THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH

MERCED COUNTY, AND AUTHORIZING THE CITY MANAGER TO MAKE FINAL PAYMENT OF RETENTION MONIES TO CONCO WEST, INC.

WHEREAS, the City of Livingston determined the need to replace existing Well No. 8, which is nearing the end of its useful life, through construction of Well No. 8A; and WHEREAS, the major work for the project consisted of drilling and casing a new municipal well, including developing, testing, and related tasks at the City of Livingston Well 8A site located on North Main Street, approximately 300 feet north of Celia Drive, including equipping a 1,700- gpm municipal well with a vertical turbine pump, electric motor, well discharge and site yard piping, connection to the existing GAC filter piping manifold, electrical equipment and controls, and miscellaneous improvements to the well site; and
WHEREAS, on February 7, 2023, the City Council awarded a contract to Conco West, Inc. in the amount of three million six hundred twenty-one thousand five hundred dollars and zero cents ($3,621,500.00); and
WHEREAS, the City subsequently entered into an Agreement with Conco West, Inc. on February 17, 2023; and
WHEREAS, the project’s construction phase started on September 1, 2023; and WHEREAS, Conco West, Inc. completed all work associated with the Project as of May 28, 2026, and the Public Works Department and City Engineer have completed a final inspection of the Project and recommend final acceptance; and
WHEREAS, the City issued twelve (12) Change Orders in the total amount of two hundred sixty six thousand one hundred eight dollars and seventeen cents ($266,108.17); and WHEREAS, the final construction contract cost inclusive of all authorized work was three million eight hundred eighty seven thousand six hundred eight dollars and seventeen cents ($3,887,608.17); and
WHEREAS, upon approval of the final acceptance of the Project by the City Council, the City Clerk will file a Notice of Completion with Merced County; and WHEREAS, the City Manager will release retention monies in the amount of one hundred ninety four thousand three hundred eighty dollars and forty one cents ($194,380.41) due to Conco West, Inc. thirty-five (35) days after the recording date; and WHEREAS, funding for this project was encumbered during Fiscal Year 2025/2026 and expended through the Water Capital Fund (2104-830-7641)-Well #8A.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:
174 of 214

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

2. Adopts Resolution 2026- accepting the Well No. 8A Development and Equipment Project as complete.

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

4. Authorizes the City Manager to make a final payment of retention monies to Conco West, Inc. 35 days after the recording date.

5. 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 the City Council of the City of Livingston at a regular meeting thereof duly held on the 21st day of July 2026, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

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

APPROVED AS TO LEGAL FORM
________________________
City Attorney or Assistant City Attorney
Of City of Livingston
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RECORDING REQUESTED BY:

City Clerk
City of Livingston
WHEN RECORDED RETURN TO:

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

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

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

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

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

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

4. That on the 28th day of May, 2026 a work of improvement on the real property hereinafter described was completed.

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

Conco West, Inc.
(If no contractor for work of improvement as a whole, insert “No Contractor”)

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

The major work consisted of drilling and casing a new municipal production well, including well development, testing, installation of a vertical turbine pump and motor, well discharge and site piping, connection to the existing GAC filter piping manifold, electrical equipment and controls, and associated site improvements for the Well No. 8A Development and Equipment Project in the City of Livingston.

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

July 21, 2026 By:

Date Signature of Owner
Jose Ramirez, City Manager
City of Livingston
Print Name

VERIFICATION
I understand, state:

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

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

Executed at Livingston, California City of Livingston
This 21st day of July, 2026. Owner
By:

Jose Ramirez, City Manager
City of Livingston
176 of 214

1 of 2

STAFF REPORT
AGENDA ITEM: Adopt a Resolution approving an Initial Sidewalk Vending Application Fee of $60.00 and an Annual Sidewalk Vending Renewal Fee of $60.00.

MEETING DATE July 21, 2026

PREPARED BY: Jose Antonio Ramirez
REVIEWED BY: Jose Antonio Ramirez
RECOMMENDATION:

Staff recommends that the City Council adopt a resolution approving an initial Sidewalk Vending Application Fee of $60.00, and an Annual Sidewalk Vending Renewal Fee of $60.00, to take effect immediately upon adoption.

BACKGROUND:

On April 21, 2026, the City Council adopted Ordinance No. 665 establishing a regulatory framework for sidewalk vendors operating within the public right-of-way and on public property, in response to changes in state law affecting permitting practices. Chapter 3-2-4 of the City of Livingston Municipal Code requires vendors, prior to engaging in operations, to obtain a valid Sidewalk Vending Permit and to pay a non-refundable application fee in an amount set by City Council resolution that covers the cost of application review and processing.

Chapter 3-2-4-4 provides that, at the time of application filing with the City Clerk, the applicant must pay a non-refundable fee covering the costs of general review and processing.

ANALYSIS:

This item implements the Sidewalk Vending Program fee schedule to recover the reasonable costs of processing, reviewing, and issuing sidewalk vending permits. The resolution is grounded in the City’s police power and the City’s regulatory framework for sidewalk vending, aligns with Proposition 26’s cost-of-service principles, and is supported by a staff cost analysis. The fees are set to balance cost recovery with maintaining a low barrier to entry for local entrepreneurs.

The resolution establishes fees to cover the costs of general review and processing of sidewalk vending applications and renewals and reflects the City Council’s desire to ensure cost recovery while keeping the economic barrier to entry low. Staff conducted a cost-of-service analysis to calculate personnel hours, processing steps, and overhead associated with reviewing applications, mapping locations, and issuing permits, and determined that a $60.00 fee for both initial applications and annual renewals is aligned with the actual time and overhead necessary to perform these tasks. The fees do not exceed the reasonable and anticipated costs of 177 of 214
2 of 2
inspecting, processing, and issuing sidewalk vending permits and therefore are not a tax under Proposition 26.

Upon adoption, the fees take effect immediately. Departments will incorporate the fees into application materials, online and in-person workflows, and cashiering systems, and staff will apply the fee to all new and renewal applications consistent with code requirements.

ENVIRONMENTAL ANALYSIS:

This action is exempt from the California Environmental Quality Act (“CEQA”) the action is exempt from CEQA under Guidelines Section 15378(b)(4) as a government fiscal activity or funding mechanism that does not involve commitment to a specific project.

FISCAL IMPACT:

The adopted fees are intended to recover the City’s reasonable and anticipated costs to review, process, and issue sidewalk vending permits and to conduct related inspections, thereby avoiding general fund subsidy for this regulatory program. Annual revenue will depend on the number of new and renewal applications processed each year.

ATTACHMENTS:

1. Resolution No.

2. Sidewalk Vending Application.
178 of 214
RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

ADOPTING AN APPLICATION FEE FOR THE ISSUANCE OF A SIDEWALK VENDING PERMIT PURSUANT TO LIVINGSTON MUNICIPAL CODE SECTION 3- 2-4-4
WHEREAS, the City of Livingston ("the City") has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, California Constitution Article XI, section 7; and
WHEREAS, in August 2024 the City passed Ordinance 656 to regulate the activity of itinerant vendors which broadly included sidewalk vendors, mobile food facilities, and food trucks.

WHEREAS, the State Legislature enacted Senate Bill 635, effective January 1, 2026, which, among other things, prohibits local governments from obtaining criminal histories, fingerprints, or background checks as part of an application for a permit or license; and
WHEREAS, on April 21, 2026, the City Council of the City of Livingston subsequently adopted Ordinance No 665, establishing a regulatory framework for sidewalk vendors operating within the public right-of-way and on public property; and WHEREAS, pursuant to Chapter 3-2-4 of the City of Livingston Municipal Code, all sidewalk vendors are required to obtain a valid Sidewalk Vending Permit prior to engaging in vending operations; and
WHEREAS, pursuant to Chapter 3-2-4-4 of the Municipal Code, at the time the application for a permit is filed with the City Clerk, the applicant shall provide the City with a non-refundable fee to process their application in an amount that covers the costs of general review and processing of the application, which shall be established, and from time to time may be amended by resolution of the City Council.

WHEREAS, California Constitution Article XIII C (Proposition 26) dictates that fees levied by local government entities must not exceed the estimated reasonable costs of providing the service or regulatory activity; and
WHEREAS, City Staff conducted a Cost-of-Service analysis to calculate the exact personnel hours, processing steps, and operational overhead needed to review applications, map proposed locations, and issue permits; and WHEREAS, the City Council desires to keep the economic barrier to entry low for local entrepreneurial participants while ensuring full cost recovery for administrative services.

NOW THEREFORE, the City Council of the City of Livingston does hereby ordain as follows:

SECTION 1. The above recitals are incorporated hereby by reference. 179 of 214
SECTION 2. The City Council hereby approves and adopts the following fee for the Sidewalk Vending Program:

Initial Sidewalk Vending Application Fee: $60.00
Annual Sidewalk Vending Renewal Fee: $60.00
SECTION 3. Based on the staff cost analysis, the City Council finds that the fees established herein do not exceed the reasonable and anticipated costs of inspecting, processing, and issuing sidewalk vending permits, and therefore do not constitute a tax under Proposition 26.

SECTION 4. The City Council finds that the adoption of this resolution is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(4) because it represents a government fiscal activity or funding mechanism that does not involve commitment to any specific project causing physical impact to the environment.

SECTION 5. This Resolution shall take effect immediately upon its adoption.

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 the 21st day of July 2026, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
Of the City of Livingston
180 of 214

APPROVED AS TO LEGAL FORM
____________________________________
City Attorney or Assistant City Attorney
Of the City of Livingston
181 of 214
City of Livingston
Application for Sidewalk Vending Permit

Sidewalk and/or non-motorized vending within the City is absolutely prohibited without first applying for and receiving a permit from the Finance Department under Livingston City Municipal Code, Chapter 3-2-4 Sidewalk and Non-Motorized Vendors.

PART 1: REQUIRED SIDEWALK VENDING FEES
____ $60.00 New Application Fee* _____ $60.00 Annual Renewal Fee (License fees will not be prorated if Applicant wishes to operate for less than a year) *All Applicants wishing to obtain a Sidewalk Vending Permit must obtain a Business License pursuant to Livingston Municipal Code Chapter 3-2, and comply with the requirements set forth in Section 3-2-3 (B) relating to flat fee license tax for Vending Vehicles and Pushcarts:
$15.00 per quarter per vehicle
$25.00 registration fee
$4.00 Disability Access and Education Fee (CASp fee)
For Staff Use Only:
 New Application  Renewal – Expiration Date of Previous Permit: ________  $___ Nonrefundable sidewalk vendor application fee has been paid. Sidewalk Vending Permit Renewals will be $___ per year.
 Business License Registration Fee  CASp Fee
 Business License Quarterly Fee
City Finance Staff Signature: _____________________
Today’s Date: _____/______/______
PART 2: OWNER INFORMATION
Applicant Name: ____________________________________________________ Applicant Height:____ Weight:____ Eye Color: ____ Hair Color:____ Applicant Date of Birth:___________
Applicant must provide evidence of one or more of the following:

1. California Driver’s License or Identification Card;

2. Social Security Number;

3. Individual Tax Identification Number
(This information is confidential and shall not be available to the public for inspection except as required to administer the permit or comply with applicable laws.) 182 of 214
City of Livingston
Application for Sidewalk Vending Permit

Legal Name of the Sidewalk Vending business: ___________________________ Business Address: __________________________________________________ It is important that the business license, insurance certificate and permit all contain the Legal Owner’s name and that they all match. The Legal Owner may be an LLC, or other nonindividual type entity.

Permanent Home Address - Physical Street Address Only (Not a P.O. Box) City, State, Zip:
___________________________________________________________________ Home Phone: _________ Business Phone: __________ Cell Phone __________ Email: _________________________________
Local Mailing Address: (if different from above) City, State, Zip. (All correspondence, such as renewals and notices, will be sent to the mailing address.) ___________________________________________________________________ ___________________________________________________________________ PART 3: BUSINESS DESCRIPTION
Description of Vending Business to Be Conducted and Merchandise or Food to be Offered for Sale:
___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ Description of How You Will Maintain Sanitary Conditions and Contain all Trash and Recycling Materials, Until Proper Disposal:
___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 183 of 214
City of Livingston
Application for Sidewalk Vending Permit

If employed: Name, Address and Telephone Number of Employer, or if acting as agent, the name, address and telephone number of the principal who is being represented:
___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ (Must show credentials establishing the relationship and the authority of the employee or agent to act for the employer or principal)
Length of time for which the permit is desired (maximum length of permit is one (1) fiscal year, OR June 30 current year until July 1 of the following year):
____________________
The days, hours and location of operation:

Days Operating Hours – Start/End Times* Location
Mon-Fri
Saturday
Sunday
*No vending is allowed between the hours of 8:00 P.M. and 8:00 A.M. PST.

PART 3: REQUIRED DOCUMENTS (PLEASE ATTACH TO APPLICATION):

Proof of possession of any license or permit which, under federal, state, or local laws or regulations, is required in order to conduct the proposed business, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of this chapter, including, but not limited to, the following:
a. A copy of the California seller's permit (CA Department of Tax and Fee Administration sales tax number), if the applicant is required to have a seller's permit.
b. A copy of the valid health permit issued by the Merced County Division of Environmental Health or Department of Public Health, if food is being vended or prepared.

If a non-motorized vehicle is to be used, a description and photograph of each vehicle to be used.
□
□
184 of 214
City of Livingston
Application for Sidewalk Vending Permit

PART 4: PLEASE READ AND INITIAL THE FOLLOWING:
_____ I have read and understand and agree to the operating conditions as specified in Chapter 3-2-4 of the City of Livingston Municipal Code (attached). _____ I acknowledge that sidewalk vending is prohibited in certain locations, and I will not vend in those prohibited locations.
_____ I acknowledge that sidewalk vending is prohibited unless a valid sidewalk vendor permit and valid business license has been issued by the City of Livingston. _____ I acknowledge that an approved sidewalk vendor permit is required prior to obtaining an official City business license, as set forth in LMC Chapter 3-2, to carry on the activities authorized by said permit.
_____ I acknowledge that I will comply with all other generally applicable local, State, and Federal laws.
_____ I have paid all previous administrative fines, completed all community services, and completed any other alternative dispositions associated in any way with a previous violation of this Chapter or any other City regulation governing sidewalk vending. _____ I acknowledge that the use of public property is at my own risk. The City does not take any steps to ensure public property is safe or appropriate for my sidewalk vending activities, and that I am using public property at my own risk. _____ I acknowledge that I will obtain and maintain insurance required by the City of Livingston required throughout the duration of any permit issued under this Chapter of the City of Livingston Municipal Code.

PART 5: RELEASE AND INDEMNIFICATION:

I agree to waive and release the City and its officers, agents, employees, and volunteers from and against any and all claims, costs, liabilities, expenses or judgments, including attorneys’ fees and court costs arising out of any activities or any illness or injury resulting from the issuance of this permit or any sidewalk vending activity, and shall agree to indemnify and hold harmless the City, its officers, agents, employees, and volunteers from and against any negligence or willful misconduct on the part of the City, its officers, agents, employees, and volunteers. I further acknowledge that the use of any sidewalk is at my own risk, and the City does not take any steps to ensure any sidewalk is safe or appropriate for the sidewalk vending activities.

PART 6: CERTIFICATION
I hereby certify under penalty of perjury that the information given is true and correct to the best of my knowledge. I understand that providing false information is grounds for denial or revocation of my permit and may subject me to criminal or administrative penalties. I hereby authorize the City of Livingston’s agents and employees to verify the information contained in 185 of 214
City of Livingston
Application for Sidewalk Vending Permit

this application. I further understand that I may not conduct the activity applied for until a permit has been granted.
______________________________ _________________________________

APPLICANT NAME (PRINT) APPLICANT NAME (SIGNATURE)
______________
DATE
______________________________ _________________________________

FINANCE STAFF NAME (PRINT) FINANCE STAFF NAME (SIGNATURE) _______________
DATE
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STAFF REPORT
AGENDA ITEM: Resolution Authorizing the City Manager to Reject all Bids for the Construction of the Well No. 18 Development and Equipment Project and to Rebid the Project
MEETING DATE: July 21, 2026
PREPARED BY: Mario Gouveia, City Engineer
REVIEWED BY: Jose A. Ramirez, City Manager
Anthony Chavarria, Public Works Director
RECOMMENDATION:

Staff recommends Council adopt Resolution 2026- , authorizing the City Manager to reject all bids for the construction of the Well No. 18 Development and Equipment Project and to rebid the project.

BACKGROUND:

The City of Livingston has determined the need for a new production well, Well No. 18. On February 18, 2025, the City Council accepted the bid to construct Well No. 18 Test Well at Lucero Park, in the City of Livingston, and the construction of the test well was completed in April 2025.

The test well for Well No. 18 indicated that the proposed location was suitable for a final production well. City staff directed engineering to proceed with preparing the necessary documents to solicit bids for the construction of Well No. 18 Development and Equipment Project.

The major work consists of drilling and casing a new municipal well, including developing, testing, and related tasks at Lucero Park located at 801 Celia Drive in the City of Livingston. Work also includes equipping an estimated 1,600-gpm municipal well with a vertical turbine pump, electric motor, well discharge and site yard piping, constructing a CMU well building with chemical feed and electrical equipment, furnishing and installing an emergency generator, connection to the existing water distribution system, and miscellaneous improvements to the well site.

DISCUSSION:

Pursuant to public bidding requirements, the project was advertised in the Merced Sun Star on May 27, June 3, and June 10, 2026. The City received a total of five (5) bids that were opened and read aloud at 2:00 p.m. on June 23, 2026 at the City of Livingston City Hall, this being the advertised bid opening date and time. The bid results are as listed:

Contractor Bid Amount
Dason-Mauldin, LLC $ 4,215,900.00
Conco West, Inc. $ 4,274,875.00
WM Lyles Co. $ 4,421,080.00
Koch & Koch, Inc. $ 4,657,602.00
Clark Bros Inc. $ 4,987,000.00
187 of 214

Engineer’s Estimate $ 4,677,560.00
Dawson-Mauldin, LLC was the apparent low bidder. On a letter dated June 25, 2026, Conco West, Inc. formally submitted a bid protest against Dawson-Mauldin, LLC claiming that Dawson-Mauldin, LLC’s bid should be considered non-responsive due to 1) not sufficiently listing all mandatory subcontractors as required in their bid and 2) Dawson-Mauldin could not self-perform specialty work under the California State Licensing Board rules. On a letter dated June 30, 2026, DawsonMauldin, LLC provided a response to Conco-West, Inc.’s protest to support their bid. Additional correspondence followed with each contractor rebutting the other’s claim as shown on the attachments.

Based on the information provided by the contractors, City staff has determined it is in the best interest of the City of Livingston to reject all bids and to rebid the project to ensure that all bidding requirements are met. There would be additional costs for rebidding the project which would be paid for from the budgeted Water Enterprise funds for this project.

FISCAL IMPACT:

There is no fiscal impact for the City Council’s action to reject all bids at this time.

ATTACHMENTS:

1. Resolution No. 2026-

2. Abstract of Bids

3. Bid Protest Documents
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RESOLUTION NO. 2026-

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

THE CITY MANAGER TO REJECT ALL BIDS FOR THE CONSTRUCTION OF THE WELL NO. 18 DEVELOPMENT AND EQUIPMENT PROJECT AND TO REBID THE PROJECT WHEREAS, the City Council of the City of Livingston directed staff to prepare the necessary documents to solicit bids for the construction of Well No. 18 Development and Equipment; and WHEREAS, the project will consist of drilling and casing a new municipal well, including developing, testing, and related tasks at Lucero Park located at 801 Celia Drive in the City of Livingston. Work also includes equipping an estimated 1,600-gpm municipal well with a vertical turbine pump, electric motor, well discharge and site yard piping, constructing a CMU well building with chemical feed and electrical equipment, furnishing and installing an emergency generator, connection to the existing water distribution system, and miscellaneous improvements to the well site; and
WHEREAS, the notice to bidders was advertised in the Merced Sun Star on May 27, June 3, and June 10, 2026; and
WHEREAS, a total of five (5) bids were received and read aloud at 2:00 p.m. on June 23, 2026, at the City of Livingston City Hall, this being the advertised bid opening date and time. The bid results are as listed below:

Contractor Bid Amount
Dawson-Mauldin, LLC $ 4,215,900.00
Conco West, Inc. $ 4,274,875.00
WM Lyles Co. $ 4,421,080.00
Koch & Koch, Inc. $ 4,657,602.00
Clark Bros Inc. $ 4,987,000.00
WHEREAS, the Engineer’s Estimate was $4,677,560.00; and WHEREAS, Dawson-Mauldin, LLC submitted the apparent lowest bid; and WHEREAS, on a letter dated June 25, 2026, Conco West, Inc. formally submitted a bid protest claiming that Dawson-Mauldin, LLC’s bid should be considered non-responsive due to 1) not sufficiently listing all specialty subcontractors as required in their bid and 2) Dawson-Mauldin could not perform specialty work under the California State Licensing Board rules; and WHEREAS, on a letter dated June 30, 2026, Dawson-Mauldin, LLC provided a response to Conco West, Inc.’s bid protest to support their bid; and WHEREAS, City staff has determined it is in the best interest of the City of Livingston to reject all bids for the construction of the Well No. 18 Development and Equipment Project and to rebid 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. 189 of 214

2. Finds it is in the best interest of the City of Livingston that all bids for the construction of the Well No. 18 Development and Equipment Project be rejected to ensure compliance with all bidding requirements.

3. Authorizes the City Manager to reject all bids and to rebid the construction of the Well No. 18 Development and Equipment Project.

4. 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 the 21st day of July, 2026, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

APPROVED AS TO LEGAL FORM
____________________________________
City Attorney or Assistant City Attorney
Of City of Livingston
---
190 of 214

ABSTRACT OF BIDS FOR THE CITY OF LIVINGSTON
WELL NO. 18 DEVELOPMENT AND EQUIPMENT
Bid Opening: June 23, 2026 at 2:00 p.m.

Item No. Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Bid Schedule
1 1 LS 120,000.00 120,000.00 120,000.00 120,000.00 120,000.00 120,000.00 120,000.00 120,000.00 88,000.00 88,000.00 120,000.00 120,000.00 2 1 LS 15,000.00 15,000.00 10,000.00 10,000.00 15,000.00 15,000.00 15,000.00 15,000.00 1,800.00 1,800.00 15,000.00 15,000.003 50 LF 1,200.00 60,000.00 800.00 40,000.00 640.00 32,000.00 1,143.00 57,150.00 1,900.00 95,000.00 1,000.00 50,000.00 4 445 LF 400.00 178,000.00 250.00 111,250.00 225.00 100,125.00 302.00 134,390.00 454.00 202,030.00 266.00 118,370.005 361 LF 800.00 288,800.00 630.00 227,430.00 565.00 203,965.00 778.00 280,858.00 393.00 141,873.00 660.00 238,260.00 6 129 LF 1,200.00 154,800.00 950.00 122,550.00 745.00 96,105.00 1,126.00 145,254.00 1,333.00 171,957.00 990.00 127,710.00 7 1 LS 30,000.00 30,000.00 30,000.00 30,000.00 25,000.00 25,000.00 31,000.00 31,000.00 25,000.00 25,000.00 27,000.00 27,000.00 8 40 HRS 750.00 30,000.00 550.00 22,000.00 550.00 22,000.00 565.00 22,600.00 450.00 18,000.00 500.00 20,000.009 1 LS 30,000.00 30,000.00 17,000.00 17,000.00 20,000.00 20,000.00 8,000.00 8,000.00 16,000.00 16,000.00 14,000.00 14,000.00 10 1 LS 20,000.00 20,000.00 30,000.00 30,000.00 46,000.00 46,000.00 7,000.00 7,000.00 21,000.00 21,000.00 30,000.00 30,000.0011 1 LS 30,000.00 30,000.00 45,000.00 45,000.00 110,000.00 110,000.00 76,000.00 76,000.00 37,000.00 37,000.00 190,130.00 190,130.0012 1 LS 400,000.00 400,000.00 370,000.00 370,000.00 300,000.00 300,000.00 577,000.00 577,000.00 305,000.00 305,000.00 381,000.00 381,000.0013 1 LS 400,000.00 400,000.00 160,000.00 160,000.00 325,000.00 325,000.00 310,000.00 310,000.00 259,000.00 259,000.00 500,000.00 500,000.0014 1 LS 60,000.00 60,000.00 145,000.00 145,000.00 85,000.00 85,000.00 118,000.00 118,000.00 133,000.00 133,000.00 175,000.00 175,000.0015 1 LS 400,000.00 400,000.00 600,000.00 600,000.00 432,000.00 432,000.00 508,448.00 508,448.00 502,000.00 502,000.00 750,000.00 750,000.0016 1 LS 60,000.00 60,000.00 25,000.00 25,000.00 55,000.00 55,000.00 49,000.00 49,000.00 48,000.00 48,000.00 30,000.00 30,000.0017 1 LS 70,000.00 70,000.00 44,000.00 44,000.00 55,000.00 55,000.00 55,000.00 55,000.00 65,000.00 65,000.00 65,000.00 65,000.0018 1 LS 1,100,000.00 1,100,000.00 1,100,000.00 1,100,000.00 1,240,000.00 1,240,000.00 841,000.00 814,000.00 1,273,000.00 1,273,000.00 850,000.00 850,000.0019 1 LS 350,000.00 350,000.00 140,000.00 140,000.00 250,000.00 250,000.00 363,000.00 363,000.00 284,000.00 284,000.00 475,000.00 475,000.0020 1 LS 150,000.00 150,000.00 144,000.00 144,000.00 90,000.00 90,000.00 106,000.00 106,000.00 24,000.00 24,000.00 170,000.00 170,000.0021 1 LS 100,000.00 100,000.00 175,000.00 175,000.00 135,000.00 135,000.00 95,000.00 95,000.00 196,000.00 196,000.00 170,000.00 170,000.0022 1 LS 20,000.00 20,000.00 45,000.00 45,000.00 15,000.00 15,000.00 50,000.00 50,000.00 37,000.00 37,000.00 11,500.00 11,500.0023 1 LS 10,000.00 10,000.00 6,000.00 6,000.00 10,000.00 10,000.00 1,500.00 1,500.00 13,000.00 13,000.00 2,500.00 2,500.00 Total of Bid Schedule $4,076,600.00 $3,729,230.00 $3,782,195.00 $3,944,200.00 $3,956,660.00 $4,530,470.00 Additive Bid Schedule A
24 662 LF 330.00 218,460.00 285.00 188,670.00 390.00 258,180.00 440.00 291,280.00 441.00 291,942.00 315.00 208,530.00 25 1 EA 7,500.00 7,500.00 10,000.00 10,000.00 14,500.00 14,500.00 12,000.00 12,000.00 14,000.00 14,000.00 11,000.00 11,000.00 Total of Additive Bid Schedule A $225,960.00 $198,670.00 $272,680.00 $303,280.00 $305,942.00 $219,530.00 Additive Bid Schedule B
26 1 LS 375,000.00 375,000.00 288,000.00 288,000.00 220,000.00 220,000.00 173,600.00 173,600.00 395,000.00 395,000.00 237,000.00 237,000.00 $375,000.00 $288,000.00 $220,000.00 $173,600.00 $395,000.00 $237,000.00 $4,677,560.00 $4,215,900.00 $4,274,875.00 $4,421,080.00 $4,657,602.00 $4,987,000.00 Ace Fence Bockmon & Woody Ace Fence WM B. Saleh Zim Industries Howk Systems Quality Well Drillers Camblin Steel Blackstar McCurly and Day Masonry Fresno, CA 93721
Engineers Estimate
Grass Valley, CA 95945
13084 John Bauer Avenue
Koch & Koch, Inc. Clark Bros Inc.
3410 McCall Ave. Suite 106 745 Broadway Street
Dawson-Mauldin, LLC Conco West, Inc. W.M. Lyles Co.

PO Box 1360 525 W. Alluvial Avenue
Overpumping and TestingMobilization, Demobilization, Bonds and InsuranceTraffic Control Plan38" Bore and 30" Diameter Conductor Casing Complete, Grouted in Place28" Diameter Bore16" Diameter Blank (Plain) Well Casing Complete in Place with Gravel Encasement and with Development16" Diameter Steel Well Screen Complete in Place with Gravel Encasement and with DevelopmentInstallation and Removal of Test Pumping Equipment Subcontractors Listed:

Manteca, CA 95337 Fresno, CA 93711
Item Description
Quantity
and Unit
Selma, CA 93662
Furnish and Install Blow OffFurnish and Install 12-Inch WaterlineConstruct Concrete PedestalClearing and GrubbingEarthworkWell Pump and MotorWell Discharge and Site Yard PipingChemical Feed SystemWell Building Total of Bid plus Additive Schedule A & B
Emergency Generator
Total of Additive Bid Schedule B
Waste and Floor Drain Gravity PipingChain Link Fence and GatesElectrical and InstrumentationUtility Service ImprovementsSite Surface ImprovementsSite Access ImprovementsStartup and TrainingRecord Drawings and O&M Manuals 191 of 214
640.33

ABSTRACT OF BIDS FOR THE CITY OF LIVINGSTON
WELL NO. 18 DEVELOPMENT AND EQUIPMENT
Bid Opening: June 23, 2026 at 2:00 p.m.

Item No. Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Fresno, CA 93721
Engineers Estimate
Grass Valley, CA 95945
13084 John Bauer Avenue
Koch & Koch, Inc. Clark Bros Inc.
3410 McCall Ave. Suite 106 745 Broadway Street
Dawson-Mauldin, LLC Conco West, Inc. W.M. Lyles Co.

PO Box 1360 525 W. Alluvial Avenue
Manteca, CA 95337 Fresno, CA 93711
Item Description
Quantity
and Unit
Selma, CA 93662
McCurly and Day Masonry Howk Systems Zim Industries Barton Overhead Doors Cal Valley ConstructionPacific Steel Group Altamont Rebar Corp American Paving McCurly and Day Masonry Stockton Fence Quality Well Drillers Stockton Fence WM B. Saleh Howk Systems WM B. SalehLighthouse Electric Ransome Paving Nations Roofing Calwater Drilling Graham Prewett Inc.WM B. Saleh McPhee Masonry Blocka Construction Graham Prewett Inc. Blocka Construction Kings Roofing Lighthouse Electric Blocka Construction Telstar InstrumentsAMS Heating Stoney Masonry, Inc. Stockton FenceCoffey Building Valley 29 ElectricMason PaintingBarton Overhead Doors 640.33

I I I I I I I I I
192 of 214
c•
Conca West Inc
June 25, 2026
City of Livingston
1416 C Street
Livingston, CA 95334
Subject: Bid Protest - Subcontractor Listing Deficiency Project Name: Well No. 18 Development and Equipment
Bid Opening Date: June 23, 2026
To Whom It May Concern:

Cal Sme License #353199
P.O. Box 1360
Manteca , CA 95336
(209) 239-2110
FAX (209) 239-2384
This letter serves as a formal bid protest submitted by Conco-West, Inc. regarding the intended award of the above-referenced project to Dawson-Mauldin, LLC ("Apparent Low Bidder").

We request that the City of Livingston reject Dawson-Mauldin, LLC's bid as non-responsive due to material failure to comply with the mandatory subcontractor listing requirements.

The apparent low bidder (Dawson-Mauldin, LLC) failed to properly list subcontractors in accordance with the bid solicitation requirements. Specifically:
• Dawson -Mauldin, LLC completely omitted the required subcontractor listings for HVAC and Metal Roofing portions of the work.
• Each of these specialty subcontractor's portions of work would exceed .5% of DawsonMauldin, LLC's bid and therefore would have been required to be listed. • Dawson-Mauldin cannot self-perform this specialty work under the California State Licensing Board rules.

Under the rules of this bid solicitation, strict adherence to the subcontractor listing requirements is a material and mandatory condition. A failure to properly name subcontractors undermines the competitive bidding process and prevents the City from verifying subcontractor qualifications and preventing bid shopping. Because this variance is material, the City has a mandatory duty to reject Dawson-Mauldin, LLC's bid as non-responsive. 193 of 214

Conca-West, Inc.

June 25, 2026
As Conca-West, Inc. is the next lowest responsive and responsible bidder, we request that the City:

1. Find Dawson-Mauldin, LLC's bid non-responsive.

2. Sustain this bid protest.

3. Award the contract to Conca-West, Inc. as the low responsive and responsible bidder.

Vice President
322 E. Wetmore Street
Manteca, CA. 95336
{209) 993-1819
Cc: Dawson-Mauldin, LLC
W.M. Lyles Co.

Koch & Koch, Inc.

Clark Bros, Inc.
194 of 214
Dawson-Mauldin
June 30, 2026
City of Livingston
1416 C Street
Livingston CA 95334
Re: City of Livingston Wel l No. 18 Development and Equipment Lie No. A 1042654
General Engineering Comractor
This letter is a response to Conco West, Inc's request to list Dawson-Mauldin, LLC as a non-responsive bidder. Please see our responses below:

1. The HVAC equipment is part of Bid Item# 15 and the only equipment listed is an Exhaust Fan, which is also classified as a fixture. This is being supplied and installed by the listed Electrical Subcontractor. Not only does this contractor have a specialty license for Electrica l, but they also possess a General Building B license.

2. A Roofing Contractor is completing this project as labor only, and Dawson-Mauldin is providing the materials. This contractor is below the .05% threshold and we are not requ ired to list at the time of the bid.

Let me know if you have any questions or nee? any additional clarification on the matters above.

Michael Mauldin
President
Dawson-Mauldin, LLC
[email protected]
3410 McCall Ave Ste 106
Selma CA 93662
P. (559) 896-0098
C. (559) 240-9518
F. (559) 896-1572
Cc: Conco West, Inc.

Gouveia Engineering, Inc.
3410 McCall Ave Ste 106 Selma, California 93662 Phone: (559) 896-0098 Fax: (559) 896-1572 195 of 214
.......

I LIGHTHOUSE;,
~ELECTRICAL
520 Park Creek Drive
Clovis, CA 93611
Office (559) 498-3017
Fax (559) 498-0292
www.lighthouseelec.com
Lie# 871256
PWC# 1000024650
FIXED PRICE QUOTATION FIXED PRICE QUOTATION# L13225A
6/23/2026
Bill: Bidding Contractor Ship: Bidding Cont ractor
Description Unit Cost Amount
-1Pr0\Xde materials and services in a ccordance with Lighthouse Electrical 1 !
Scope L 13225A. t - ~ id~ em 18- - Electrical, lns_bu'!'eniali~n. and ,:=~ols • - -i - _____ tApprox 300LF of trenching is ne~_?eq _JBid Item 19 - Utility Service
7 Approx 1300LF of trenching is needed
] Bid Item 26 - Generator • -
[ -
tlternate Option: Bid Item 15: Well Building EXHAUST FAN $4,890.00 Payment Terms: Lump-sum Total
Monthly progress payments based on completed work (Net 30) Conditions:

This is a lump-sum fixed price quotation that Includes any applicable sales tax.

This quote is based on the current costs of equipment and materials. After acceptance of this quote, any cost increases due to excessive inflation rates, taxes/tariffs, and/or increased shipping costs would be t he customer's responsibility.

This quote expires 30 calendar days after the proposal date.

Submittals will be given to the customer 6-8 weeks after receipt of the order and approval of credit terms. The items will be ready for pickup or shipment, depending on the vendors' lead times, after the approval of submittal drawings. Due to current supply shortages, this is only an estimate and can be impacted by backlogs and product availability.

Any standby time due to equipment malfunction, project scheduling, equipment, materials provided by others, etc., will be in addition to this quotation.

All work will be performed M-F, 7:00 am - 3:30 pm.

Any additional hardware or services will be in addition to this proposal. This includes, but is not limit ed to, control or communicatioll to any other devices not listed here.

If a formal contract is required, its conditions must not deviate from this proposal without LEl's written permission.

This quoto!ion constiiules an offer to sell which expressly limits acceptance to the Standard Terms and Conditions which are by reference incorporated into this agreement os though fully set forth herein. Subject to approval of Buyer's credit worthiness and return of this Agreement with Buyer's signature and Purchase Order number.

Buyer:

Bidding Contractor By:

Date:

PO#:
_O_l13225A
Seller:
vu1~do Lighthouse Electrical
Inc.
520 Park Creek Drive By:

Clovis, CA 93611 Date: 6/23/2026
6/23/2026
FIXED PRICE QUOTATION L13225A - Page# 1 of 2
196 of 214
HERZOG 7847 Highland Ave. Clovis CA 93619 • 559-322-6777 C O N S T RUCTI O N, I N C. State License #1153432 C-39 • General Building, Workers Composition, General Liability PROPOSAL I CONTRACT 06/23/2026
PROJECT: LIVINGSTON WELL 11
PREY AILING WAGE: YES
ADDENDUMS AND RFI'S: YES
A: BASE BID SCOPE OF WORK - 24 GAUGE STAt,'DING SEAM METAL ROOFING SUPPLY AND INSTALL PER MANUFACTURER'S REQUIREMENTS:

INST ALL 30 LB UNDER LA YMENT FELT PAPER.

INSTALL 2X2" DRIP EDGE.

INSTALL METAL RIDGE CAP
INSTALL GABLE/RAKE "METAL.

CLEAN UP ALL ROOFING RELATED DEBRIS.
**INSURANCE INCLUDED** **5 YEAR LABOR GUARANTEE**
**20YEARMATERIAL WARRANTY ONLY**
PRICE $9,850.00 - 24 GAUGE ST ANDING SEAM METAL ROOFING (LABOR ONLY) B: PROJECT CLARIFICATIONS/REQUIREMENTS
ALL 'WORK BASED ON STANDARD WORK WEEKS AND DURJNC REGULAR BUSINESS HOURS.

THIS PROPOSAL MUST BE INCLUDED AS AN EXHIBIT TO ANY CONTRACT. PERJ.WITS AND ASSOCIATED FEE'S ARE NOT 1NCLUDED. UNLESS STATED OTHERWISE IN THIS DOCUMENT, NO ALLOW Al'\f CES HA VE BEEN IJ.'ICLUDED IN OUR BASE BID. ONE (1) MOBILIZATION IS INCLUDED WITH THIS BID. ADDITIONAL MOBILIZATIONS WILL REQUIRE AN ADDITIONAL FEE. PROTECTING THE NEW ROOF INSTALLATION FROM OTHER TRADES IS THE RESPONSIBILITY OF THE GENERAL CONTRACTOR, REGARDLESS OF IF THlS REQUIRE1'11ENT IS LISTED ASP ART OF ANY REFERENCED SPECIFICATION AS NO QUAl'ffITY OR AREA HAS BEEN DEFINED AS PART OF ANY BID DOCUMENTS. ALL PENETRATIONS MUST MEET MINI1WUM CLEARANCES TO ALLOW FOR PROPER DETAILING. WARRANTIES, AS SUPPLIED BY THE MANUFACTURER ARE AVAILABLE AS WRITTEN BY SAID MANUFACTURER. CUSTOM OR SPECIALIZED \V ARRANTIES MUST BE APPROVED IN ADV Al'ICE OF THE PROJECT START. ADDITIONAL FEES FOR A SPECIALIZED OR CUSTOM WARRANTY MAY REQUIRE AN ADDITIONAL FEE. PROPOSAL IS BASED OFF OUR COMPANIES STM'DARD WORKERS COlVIP AND LIABILITY INSURANCE, ANY ADDITIONALINSURANCE COVERAGE WILL BE AT AN ADDITIONAL COST TO THE CONTRACT. ANY BONDS OR ADDITIONAL UNSURED REQUIREMENTS WOULD BE ADDITIONAL COST DUE TO CHANGE ORDER.

TIIlS PROPOSAL IS GOOD FOR 30 DAYS.

C: ADDITIONAL COSTS:
$44.00 PER FOOT FOR ADDITONAL WALK PADS, IF REQUIRED.

SOLAR PENETRATIONS TO BE CHARGED BASED ON TIME AND 1\/L.\TERIAL RATE.

SAFETY TAPE TO BE CHARGED PER LINEAR FOOT BASED ON Tll\lIE AND lVIATERIAL RATE.

D: EXCLUSIONS:

WORK CLEARLY NOT STATED IN SCOPE SECTION ABOVE.

TAPERED INSULATION TO ACHIEVE SLOPE ON ROOF DECK TOWARDS DRAINS.

INSULATION, DENS DECK OR COVERBOARD ON INSIDE FACE WALLS/CURBS.

TRANSITIONING TAPE TO SAF/SASM OR Al\'Y SYSTEM TYPE TBA T IS NOT TPO ROOF RELATED.

PAINTING, SHEET :METAL, SCAFFOLDING, PLUJVIBING, ELECTRICAL, AND CARPENTRY.

SHll\11\illNG OF WALLS OR DECKS THAT ARE NOT TRUE.

197 of 214

ENGINEERING, SPECIAL INSPECTIONS, PERMITS, BONDS, WINDOW AND DOOR FLASHINGS & EXTERIOR PAPER OR WALL FLASHING.

RIGLETS, COPING METAL, CURBS, SPECIALTY METAL, METAL TRELLIS', SCUPPERS, CRICKETS,

SUNSHADES, CANOPIES, MECHANICAL FLASHINGS, DRAINS, ELECTRJCAL AND CONDENSATION LINES AT A/C UNITS. HERZOG CONSTRUCTION INC. RETAINS ALL EXCESS MATERIAL.

E: ADDITIONAL INFORMATION
DECK ACCEPTANCE: PRIOR TO INSTALLATION OF ANEW ROOF SYSTEM, THE MANUFACTURER MAY CONDUCT A MANDATORY FASTENER PULL-OUT TEST FOR DECKING. IN THE EVENT THAT THE RESULTS DO

NOT MEET THEIR REQUIREMENTS DUE TO ROOF DECK INADEQUANCIES, THE OWNER MAY IN CURE ADDITIONAL COSTS TO SUPPLEMENT ADDITIONAL FASTENER REQUIREMENTS.

BUILDING PERFORMANCE/CONDENSATION: PROVIDING A NEW OR OVERLAY ROOF SYSTEM l\lIAY IN SOME CASES CHANGE THE OVERALL BUILDING PERFORMANCE AND CONDENSATION. OUR PROPOSAL IS LIMITED TO THE PERFORMANCE OF THE ROOF SYSTEM ONLY, EXPRESSED, OR IMPLIED. ALL CONCERNS

ABOUT THE P,OTENTIAL IMPACT OF A NEW ROOF ASSEMBLY ON THE OVERALL BUILDING PERFORMANCE SHOULD BE ADDRESSED BY OTHERS.

DEVIATION: CANT STRIP IS CONSIDERED NECESSARY OR REQUIRED TO OBTAIN A MANUFACTURER'S

WARRANTY AND IS SPECIFICALLY EXCLUDED REGARDLESS OF SPECIFICATION OR DRAWING

REQUIREMENTS,
METALS: OIL CANNING IS AN INHERENT PART OF LIGHT GAUGE METAL PRODUCTS INCLUDING ARCIDTECTURAL ROOFING. OIL CANNING CAN BE CAUSED BY VARIATIONS IN THE ROOFING SUBSTRATE AND/OR BY THERMAL MOVEMENT. OIL CANING IS AN AESTHETIC ISSUE AND NORMALLY DOES NOT AFFECT THE STRUCTURAL INTEGRITY OF THE ROOF SYSTEM. SINCE MANY UNCONTROLLABLE FACTORS

ARE INVOLVED, NO MANUFACTURER OR INSTALLER, INCLUDING CENCAL ROOFING CAN ASSURE THE ELIMINATION OF OIL CANNING.

TERMS: PROGRESS PAYMENT OF 50% OF THE CONTRACT AMOUNT WILL BE REQUIRED UPON DELIVERY OF MATERIAL.

F: GENERAL INFORMATION
ATTORNEY'S FEES: IN THE EVENT THAT IT IS NECESSARY FOR EITHER PARTY TO ENGAGE THE SERVICES

OF AN ATTORNEY REGARDING THE BREACH OF THE TERMS OF THIS AGREEMENT BY THE OTHER, THE

ENFORCEMENT OF TIIE TERMS HEREUNDER, OR A DECLARATION OF THE RIGHTS AND DUTIES

HEREUNDER, WHETHER ARBITRATION PROCEEDINGS OR A LAWSUIT BE INSTITUTED OR NOT, THE PREVAILING PARTY, IN ADDITION TO THE OTHERRIGHTS 1-TMAY:JIAVE, SHALL BEENTITLED-TO-AIJ:-

COSTS INCURRED IN CONNECTION THEREWITH INCLUDING ACTUAL ATTORNEY'S FEES AND COSTS OF SUITS.

ARBITRATION: ALL PARTIES AGREE THAT ANY DISPUTE ARISING UNDER THIS CONTRACT WILL BE

RESOLVED BY SUBMISSION TO BIDING ARBITRATION UNDER THE CONSTRUCTION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE PARTIES AGREE THAT ARBITRATION MUST BE INITIATED

WITHIN ONE YEAR AFTER THE CLAIMED BREACH OCCURS AND THAT THE FAILURE TO INITIATE

ARBITRATION WITH THE ONE-YEAR PERIOD CONSTITUTES AN ABSOLUTE BAR TO THE INSTITUTION OF PROCEEDINGS.

WARRANTY: TIIE ABOVE PROPOSAL IS COVERED BY OUR FIVE (S) YEAR WORKMANSHIP WARRANTY. THIS

CONTRACT INCORPORATES ALL TERMS AND CONDITTONS OF CEN CAL ROOFING'S STANDARD WARRANTY WHICH CONTAINS EXCLUSIONS. ANY MATERIAL WARRANTIES WILL BE HANDLED THRU THE MATERIAL MANUFACTURER.

ACCEPTANCE OF PROPOSAL
THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED.

YOU ARE AUTHORIZED TO DO THE SPECIFIED WORK. PAYMENT WILL BE MADE AS OUTLINED ABOVE. THE

PARTIES HERETO AGREE THAT ALL OTHER DISCUSSIONS, PROMISES, AND AGREEMENTS ARE INCORPORATED INTO TlllS WRITTEN AGREEMENT, AND THAT THERE ARE NO OTHER PROMISES,

CONDITIONS OR AGREEMENTS NOT SET FORTH HEREIN, AND THAT THEY HA VE ENTERED INTO THIS AGREEMENT FREELY AND VOLUNTARILY.

CONTRACTOR: ______________ DATE. _________ _
OWNER: ________________ ....;DATE, _________ _

HERZOG CONSTRUCTION, INC
198 of 214
c•
Conco West Inc
July 6, 2026
City of Livingston
1416 C Street
Livingston, CA 95334
Subject: Bid Protest - Subcontractor Listing Deficiency Project Name: Well No. 18 Development and Equipment
Bid Opening Date: June 23, 2026
To Whom It May Concern:

Cal State License #353199
P.O. Box 1360
Manteca, CA 95336
(209) 239-2110
FAX (209) 239-2384
This letter serves as our rebuttal to Dawson-Mauldin, LLC's response to the referenced bid protest.

1. The HVAC equipment is not limited to the exhaust fan. The description of Bid Item 15 lists the Exhaust Fan and HVAC. This would include all louvers, gable vents, roof curbs, damper, and ducting, in addition to the exhaust fan. Of the proposals received for this work and listed by Conco-West, Inc. and all other bidders, each exceeded .5% subcontractor listing requirement.

2. Dawson-Mauldin, LLC states that their electrical subcontractor has a B license that allows them to perform the HVAC work. Possessing a Class B license does not allow a subcontractor to perform the work of specialty trades unless they also possess the appropriate specialty license.

3. Dawson-Mauldin. LLC states that their electrical subcontractor is to perform the HVAC work related to Bid Item 15, however, their subcontractor listing form only included Bid Items 18,19 and 26 for the work to be performed by their electrical subcontractor.

4. Under the California Subletting and Subcontracting Fair Practices Act, Dawson-Mauldin, LLC was required to list a separate HVAC subcontractor in its bid. (Pub. Contract Code § 4106.) By failing to do so, Dawson-Mauldin, LLC represented it would self-perform the work listed in Bid Item 15. Dawson-Mauldin, LLC lacks the required specialty license and is thus prohibited from self-performing that work. (Bus.& Prof. Code §§ 7056, 7059; Cal.

Code of Regs., Title 16, Div. 8, Art. 3.)

5. All bidders, other than Dawson-Mauldin, LLC, found it necessary and appropriate to list a roofing subcontractor to perform the roofing portion of this project. Dawson-Mauldin, LLC contends they have a roofing subcontractor that will perform installation only with 199 of 214

Conco-West, Inc.

July 6, 2026
materials being provided by Dawson-Mauldin, LLC. Although this is a possible scenario, it is unlikely that a reputable roofing subcontractor would assume the risk of a 20-year material warranty for less than $10,000.00 of labor. The only reason they would do this is if they were asked to do so after the fact. We contend this to be the case as the scope of work proposal provided by the roofing subcontractor, Herzog Construction, Inc., clearly states in A: Base Bid Scope of Work, supply and install per manufacturer requirements and in E:

Additional Information Terms: progress payments of 50% of the contract amount will be required upon delivery of materials. This indicates that the original proposal was provided as furnish and install but was subsequently partially altered to be labor only.

We maintain our request that the City of Livingston reject Dawson-Mauldin, LLC's bid as nonresponsive due to material failure to comply with the mandatory subcontractor listing requirements.

Under the rules of this bid solicitation, strict adherence to the subcontractor listing requirements is a material and mandatory condition. A failure to properly name subcontractors undermines the competitive bidding process and prevents the City from verifying subcontractor qualifications and preventing bid shopping. Because this variance is material, the City has a mandatory duty to reject Dawson-Mauldin, LLC's bid as non-responsive.

As Conco-West, Inc. is the next lowest responsive and responsible bidder, we request that the City:

1. Find Dawson-Mauldin, LLC's bid non-responsive.

2. Sustain this bid protest.

3. Award the contract to Conco-West, Inc. as the low responsive and responsible bidder. 322 E. Wetmore Street
Manteca, CA. 95336
(209) 993-1819
Encl:

Cc: Dawson-Mauldin, LLC
200 of 214
1 il'EM #i 1 - EARTHWORK
This is a lump sum item for work related to excavation, overexcavation and conditioning, earth fill, and rough grading for the well site and access road as required for the project and in accordance with the Technical Specifications and Geotechnical Report.

ITEM #12 - WELL PUMP AND MOTOR
This is a lump sum item for furnishing and installing the vertical turbine pump, electric motor, and column pipe. Other work includes field performance testing, field operating tests, and pump disinfection as shown on the plans and in accordance with the Technical Specifications.

ITEM #13-WIELL DISCHARGE AND SITE YARD PIPING
This is a lump sum item for furnishing and installing all yard pIpmg for the 12-inch well discharge, 12-inch site piping, 8-inch pump to waste, and connection to the existing distribution system. The work includes valves, couplings, fittings, magnetic flow meters, thrust blocks, backflow preventer, hose bibs, taps, grating, disinfection, pressure testing, pipe trenching and backfilling, conditioning and compacting subgrade, and completing all other work required for a complete in place well discharge and site yard piping as shown on the plans and in accordance with the Technical Specifications. Work also includes furnish and installing the waterline and connection to the existing distribution system including all required demolition, trenching, backfilling, furnishing and installing piping, valves and fittings, thrust blocks, valve boxes, service saddles, removal/abandoning existing waterlines as required to complete the connections, removing and replacing AC pavement, thermoplastic striping repairs, landscape restoration, and all other work required for the completion of the improvements. The work also includes furnishing and installing the 1-1/2" service line from the existing water main to the onsite backflow including all applicable work.

ITEM #14S - CHEMICAL fEED SYSTEM
This is a lump sum item for furnishing and installing the chemical feed system including the chemical storage tanks, metering pumps skid, tank level sensor, chemical injection mixer, and chlorine residual analyzer. Other work includes furnishing and installing all associated chemical feed system components such as the storage tank foundation and concrete slab, skid pedestal, piping, valves, tubing, conduit, eyewash and shower assembly, pressure testing, and all other work required for a complete in place chemical feed system as shown on the plans and in accordance with the Technical Specifications.

ITEM #15 - WELL !BUILDING
This is a lump sum item for constructing a well building with work including concrete slab, foundation, walls, roof and ceiling, doors, louvers, skylight, roof hatch, exhaust fan, vent piping, lighting, HVAC, final grading, conditioning and compacting subgrade, placing aggregate base, sand layer and vapor barrier, structure excavation and backfill, adjacent reinforced concrete slabs, and all other work required for a complete in place well building as shown on the plans and in accordance with the Technical Specifications.

BID ITEM DESCRIPTIONS (012200) 012200-3
201 of 214

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: htt s://www.dir.ca. ov/Pu lic-Works/ContractorReg istration. htm I 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 $10,000 (whichever is greater). Photocopy this form for additional firms.

Percent Dept. of
Bid Item Description of Work to be Performed or Total Subcontractor's Industrial Subcontractor's Name and Address No. Contract License No. Relations (DIR) Reaistration No.
l1 Ac,e i='e..1'\c:.,e ,.c.
-P-eV\C.e. -r ~ .,._ , , l i:~ e ' It:
all+e t 1 c ~si~ie \ CODOt> ~lo I I C:).:::f ~" . <c ~"'< n , i ,v c13·1 'J .Pc \1;,c )'('.. I J.\b~ fYesno (Fl 7 ~ \ J-. -HOL'!,f<.. s .. ,ste"?"I S
.f} l)..,l'V\ \' \1\-\.o+o<' 8% 419019
1iJ-;1y,,5e.,r11tG t~lvdJr- t cooooJ <os~ M ode~-rc, , 0 /t lJ 5 ~54 ll'\-C. Cv...v, lY, C\. t1 d PA-y !Vlo.sc,nrv
1s ,.scz lPa,os eo;;1.

Si 4 o E. Sh.1-e.1d.c;. /'N.e_
t\ri o..Scnr v I 0000 ; c) 4~ s r{''<' ")'(lO, ( l"'t q~-,~7 ~ ,,c;, 11}8 f l'o..<.:i-h'c St-,e-e/ ~rl' ., p
J.I) -~to r~lxtf
., 5'1c~ q973<30 {DOODD4 fo / 't'B l.j N . Ja..c...k.S..,n e' ;? . C,4 C, '?, 7 o ~ 3 /tfJ)~ C,uP..lrtil b..JQ .. H Or i (1 -e r s
\,-Je..H (\6( I i" n.a )b'io 4 <o ~'l 3j.,, IODIOJ4'r<tn:l. ). (Do A-i r Po..r I< Rd . A twcd --e..l' c.,A C/~?>o I lig l ,9)
J fA'5 h-/' l"O{A. se. Cc,./ ec.. f1A i c.,
e \€C.-\Y i' Ca. I Jq"Z 5)1/d-S<o

5.;,,.o i:-:'c:... r l< G/'-e--e k. l.)r
'J'lo I DiJDO J4G:,5o C..lo I 1'';,. C fr 93&U
iJ.11?;, ,c;, W 1Y'\ • (3. So..1-eh Co .
.)3~1 C. e pne .... s c.~ .
va:;nt J°lo J. ~3to2 f oococ '.?(l o ~ o..k e v-s ~-e.lJ , CA c:i '3;0 ~ 640.33
202 of
BID5-14
214
CSLB's GET LICENSED TO BUILD WORKSHOP Friday, July 10th, 10 a.m.

Register on Web ex ~P Presentation
..&..
ti~ CONTRACTORS ij~ STATE LICENSE BOARD
a
~ Licensing Classifications Lifit~sing Classifications Detail B - General Building Contractor
Business 1k Professions Code
Division 3, Chapter 9. Contractors, Article 4. Classifications Select Language 'I'
70S7. (a) Except as provided in this section, a general building contractor is a contractor whose principal contracting business is in connection with any structure built, being built, or to be built, for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, requiring in its construction the use of at least two unrelated building trades or crafts, or to do or superintend the whole or any part thereof.

This does not include anyone who merely furnishes materials or supplies under Section 7045 without fabricating them into, or consuming them in the performance of the work of the general building contractor. (b) A general building contractor may take a prime contract or a subcontract for a framing or carpentry project. However, a general building contractor shall not take a prime contract for any project involving trades other than framing or carpentry unless the prime contract requires at least two unrelated building trades or crafts other than framing or carpentry, or unless the general building contractor holds the appropriate license classification or subcontracts with an appropriately licensed specialty contractor to perform the work. genera I bu i@iog contractor shafl not take a subcontract involving trades other than.Jramiog oi:.carpe.n y,_un ess ! he subcontract requires at leasttwo unrelat!'!d trades or crafts other than framing or carpentry, or unless the general building contractor holds the appropriate license classification. The general building contractor may not count framing or carpentry in calculating the two unrelated trades necessary in order for the general building contractor to be able to take a prime contract or subcontract for a project involving other trades.
(c) No general building contractor shall contract for any project that includes the "C-16" Fire Protection classification as provided for in Section 7026.12 or the "C-57" Well Drilling classification as provided for in Section 13750.5 of the Water Code, unless the general building contractor holds the specialty license, or subcontracts with the appropriately licensed specialty contractor. (Amended by Stats. 199 7, Chapter 812 (SB 857).)
Fast Facts: What Jobs a "B" General Contractor Can/Cannot Perform Copyright© 2026 State of California
X
203 of 214
7847 Highland twe. Clovis CA 93619 • 559-322-6777
O:ON.STRU<:Tl•::>N, INC, Stat'? License #1153432 C-39 • General 8uilcling, 1/1/orxer~ Corrposi~ior:. Gsr.e,-al Liability PROPOS.\L I CO>i'fR.\.C'f 06/23/2026
PROJ!i:CT: u vmGSTON WEL L 1.1
PREVAILING WAGE: YES
AODE~DUMS A\fD R.FI'S: YES
_.\: 8.\SE BID SCOPE OF WORK-24 G_\t:GE SL\.t'I.DL.'JG S.EAL\.l }JKfAL ROOFL'IG ,,."'PPL\ A '-ID Il'iST ALL PER ~LJ..NUFACTlffiER'S REQUIRE:VrENTS:

L~ST\LL JO LB lfr\l>ER LA YM:ENT FELT PAPER.
!..t'l3T.-\LL 2X2" DRIP EDGE.
f!\ISTALL ~illT.'\L RIDGE Cc\P
1:':STALL GA.BLE/R.-\KE METAL.

CLE..\..'! VP ALL ROOFING RELATED DEBRIS.
"'*f:'iSl,-RANCE Ii'[CLL'DED'''' *'°'5 YEAR L.A.BOR GUt-\.R,.\J,."lTEE'-~,·, ,dz!) Y:EAR 'iYIATERL'-\L WARRA.NTY ON1,Y*,,
PRlCE 59,850.00 - 24 GAUGE STAi'TDING SEAM LY'il:T.-\1, ROOTING (LABOR ONL 11:') B: .PROJECT Cl A.R!FICATIONS/REOL'lREME.YfS
.\.LL WORl{ BASED ON STA~ARD WORK '\YEEKS M~D DtfRfNG R.ECUL.-\..~ tlUSI.'."ES5 HOURS.

THiS PROPOSAL MUST BE L'iCLUDED AS AN EXrITBH TO ANY CO~TR.ACT. l'ER.J.\U'TS AND ASSOCL\. TED FI.E'S AR.E :'-iO'T INCLUI>ED. UNLESS STATED OTHERWISE .l:,"\j THIS DOCUMENT, :.',10 ALLOW A.c'fCES .HAVE BEEN . 1:",CLUDED L'J OUR BASE BID. ONE (1) MOBILIZATION IS lt'\'CLUD:ED WITH THIS BID. ADDITIONAL MOBILlZATIONS WILL REQUIRE AN ADDITIONAL FEE. PROTEC'IINC THE NEW ROOF INSTALL..~ TION FROM OTH.&R TRADES IS THE RESPONSIBILITY OF THE GENERAL CONTR.\CTOR, REGARDLESS OF IF TH.IS REQUtREiW.ENT [S LISTED AS PART OF A.1'fY REFERENCED SPEC{F(CATION AS NO QUA.1'\;TlTY OR AREA HAS 3F, li:N DEFINED AS PART OF ANY BID OOCUMK:•ns. ALL PENETR.\ TIONS MUST MEET 1\-IINTh.ITJ:\,l CLEARA.1~CES TO ALLOW FOR PROPER DET .\lLING. W ARRAI'l'TfES, AS SUPPLIED BY THE MANlJF ACTURER A.RE.\. VAfLABLE AS 'rVRITTE:."i BY SAID i\UN'tJFACTURER. CUSTOM OR SPECLUIZED WARRANTIES i.\-lliST BE APPROVED 1,"\j' ADVANCE OF THE PROJ'.ECT ST ART. ADDITIONAL FEES IWR A SPECIALIZED OR CUSTOW W-\RRA.!.'lTY i'VIA Y REQUIRE AN ADDITIONAL FEE. PROPOSAL IS .BASED OFF OUR COi'vfPANJES ST.<.\_'iOARD WORKE1{S corvIP AJ.'fD LIABILITY INSURAi\'CE, ANY ADDlTT.ON . .\Ll:'liSUl.<\_'{CE COVERAGE WILL BE AT AN ADDITIONAL COST TO THE CONTRACT. ANY BONDS OR A.D.DITIONAI. UNSCRED REQUIREMENTS WOULD BE .-\DDITIO".'i"AL COST DUE TO Cl:IAi.'iGE ORDER.
·nus PROPOSAL IS GOOD FOR 30 DAYS.

C: ,;\DD1TIONAL COSTS:

S-1-4.00 PER FOOT FOR A.DDITONAL W . .\.LK PADS, IF REQUIRED.

SOLAR PENETR..,\TIONS TO BE CHARGED BASED ON TllWE AND ;\,UTERL.\L R~TE.

SA.FETY TAPE TO BE CHARGED PER LTh"EAR FOOT BASED ON TT..\:fE A1.';D MATERIAL RATE.

D: ii.XCLUSIONS:

WORK CLEARLY NOT Sl A TED L'l SCOPE SECTJON ABOVE.
"fAPERED fNSULAT(ON 'TO .\C.HIEVE SLOP E: ON ROOF DECK TOWARDS DR0 \.1NS.

L\SULATION, DENS DECK OR COVERBOARD 0:--J lNSIDE FACE WALLS/CG RBS.

TRA .. \iSITlONING TAP'E TO SAF/SASM OR A:'\-Y SYSTEM TYPE THAT 1S NOT TPO ROOF REL.-\ TE D.

P.UNTNG, SHEET i\tIETAL, SCAFFOLDING, PLL"i\-lBING, ELEC1'RICAL, . .\J.'fD CARPENTRY.

SHL'\D-llNG OF WALLS OR DECKS TH..~ 1 ARE NOT TRL'E.
p:3.ge 1 of2
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ENGINEERING, SPECIAL INSPECTIONS, PERlVIlTS, .BONDS, Wil\fDOW AND UOOR FLASff.INGS & EXTERIOR PAPER OR WALL FLASHING.

RIGLETS, COPING METAL, CURBS, SPECL'\.LTY METAL, METAL TRELL.IS', SCUPPERS, CRICKETS, SUNSHADES, CANOPIES, MECHANICAL FLASHINGS, DRAINS, ELECTRICAL AND CONDENSATION LlNES AT A/C UNITS. HERZOG CONSTRUCTION INC. RETAINS ALL EXCESS MATERIAL.

E: ADDITIONAL INFORMATION
DECK ACCEPTANCE: PRIOR TO INSTALLATION OF A NEW ROOF SYSTEM, THE MANUFACTURER MAY CONDUCT A MANDATORY FASTENER PULL~OUT TEST FOR DECKING. IN THE EVENT THAT THE RESULTS DO NOT MEET THEIR REQUIRElVIENTS DUE TO ROOF DECK INADEQUANCJES, THE O"V\-'NER MAY IN CURE ADDITIONAL COSTS TO SuPPLElYIENT ADDITIONAL FASTENER REQUIREiVIENTS.

BUILDING PERFORMANCE/CONDENSATION: PROVIDING A NEW OR OVERLAY ROOF SYSTEM MAY IN SOME CASES CHANGE THE OVEUALL BUlLDING PERFORMANCE AND CONDENSATION. OUR PROPOSAL IS Lil'v.llTED TO THE PERFO.Rl\tIANCE OF THE ROOF SYSTEM ONLY, EXPRESSED, OR 11.VlPLIED. ALL CONCERNS

ABOUT THE POTENTIAL IMPACT OF A NEW ROOF ASSEMBLY ON THE OVERALL BUILDING PERFORJVIANCE SHOULD BE ADDRESSED BY O'IT.{ERS.

DEVIATION: CANT STRIP J.S CONSIDERED NECESSARY OR REQU1RED TO OBTAIN A MANUFACTURER'S WARRANTY AND IS SPECIFICALLY EXCLUDED REGARDLESS OF SPECIFICATION OR DRA WlNG REQUIREMENTS.
lVIETALS: on, CANNING IS AN INHERENT PART OF LIGHT GATIGE i"-IETAL PRODUCTS INCLUDING ARCIDTECTURAL ROOFING. on, CANNING CAN BE CAUSED :BY VARIATIONS IN THE ROOFlNG SUBSTRA'F.E AND/OR BY THERMAL MOVEMENT. OIL CANING IS AN AESTHETIC ISSUE AND "NORl\-lALLY DOES NOT AFFECT TilE STRUCTURAL lNTEGRITY OF THE ROOF SYSTEM. SL.'fCE MANY UNCONTROLLABLE FACTO.RS ARE INVOLVED, NO MANUFACTIJRER OR INSTALLER, INCLUDING CENCAL ROOFING CAN ASSUllli THE "ELlMINATION OF OIL CANNJNG.

TERl\-,fS: PROGRESS PAYMENT OF 5-0% OF THE CON1'Ri.CT AMOUNT WlLL B.E REQUIRED UPON D.IU .. lVERY Otr M'.ATERIAL.

F: GENERAL INFORl\tIATION
A.TI ORNE Y'S FEES: IN THE EVENT TIJAT IT IS NECESSARY FOR !i:ITFIER P AR'fY 'IO "ENGAGE THE SERV!CES OF AN ATTO".RNEY REGARDING TlIE BREACH OF THE T.lm1"1S OF Tms AGRE"EA-IENT BY THE OTHER, THE ENFORCEi\iffiNT OF THE TERMS lf.EREUNDER, OR A DECLARA.110N OF THE RIGHTS At'ID DUTIES HEREUND.E.R, WllETHER ARBITRATION PROC:EEDINGS OR AL-\ WSUIT .B:E INSTITUTED OR NOT, TI.IE PREVAILING P.AR:TY, IN AD-DlTIOl'fto Tfffi OTHER RIGl:ITSIT 1\liAY HA VE, SB.ALL BE ENTI'fLED TO :xc:t COSTS INCURRED lN CONNECTION THEREWITH INCLUD'CNG ACTUAL ATTOlli.'1.EY'S FEES AND COSTS OF SUITS.

ARillTRJ.\.TION: ALL PARTIES AGREE THAT ANY DISPUTE ,ARISING UNDJ£.R TIU.S CONTRACT WILL BE RESOLVED BY SUBMISSION TO BIDlNG ARBITRATION UNDER T.l:IE CONSTRUCTION RULES OF THE Al\ilERICAN ARBITRATION ASSOCIATION. THE PARTIES AGREE THAT ARBITRATION MUST BE INITIATED WITHIN ONE YEAR AFTER THE CLA.llVIED BREACH OCCURS Ai""D 'ffl..1.\,T THE flA.lUJRE TO L.'ITfIAT.E ARBITRATION WITH THE ONE-YEAR PERIOO CONST1'.fUT€.S AN ABSOLUT~ BAR TO TH!£ iNSTITUTION OF PROCE"EDJNGS.

WARRANTY: THE ABOVE PROPOSAL IS COVERED BY OUR FIVE (5) YE.AR WO.RK1VH.1'!SIIIP WARRANTY. THIS CONTRACT JNCORPORATES ALL TER1'¥1S AL"'ID CONDITIONS OF C:EN CAL ROOFING'S STAi."IDARU W AR.t"'U.l'UY WfilCH CON'f AINS EXCLUSIONS . . -\i.T:i J.VU.TERIAL WARRA.1.YfIES WiLL BE HA.t"\l".DLE.D THRU THE MATERIAL lVIANUF ACTURER.

ACCEPT.Ai'TCE OF PROPOSAL
THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY Al.'ID ARE HEREBY ACCEPTED.

YOU ARE AUTHORIZED TO DO TEIE SPECIF.Um WORK. PAYMENT WILL BE MADE AS OUTl..INED ABOVE. TEIB PARTIES HERETO AGREE THAT ALL OTHE.R DISCUSSIONS, PROMISES, AND AGREJ,,1\IIENTS ARE INCORPORATED INTO TillS WRITTEN AGREE1"1ENT, AND THAT THERE ARE NO O'fHER PROl\,USES, CONDITIONS OR AGREEl\tlENTS NO'f SET FORTH UEREIN, AND THAT THEY HA VE ENTERED INTO T.HJS AGREEMENT F.REELY AND VOLUNTARlLY.

CONTRACTOR: _______________ .DATE ______ _ __ _
OWNER: _________________ DATI!: ___ _____ _ _
HE:RZ0G CONSTRUCTION, (NC
205 of 214
1 Nick Fontaine
From: Noe Martinez
Sent: Tuesday, July 14, 2026 3:41 PM
To: Jose A. Ramirez; Anthony Chavarria
Cc: Mario Gouveia; Linda Gouveia; Nick Fontaine
Subject: FW: Livingston Well 18 Bid Protest - 20260714 - Response to Conco - Supplemental.pdf Attachments: Livingston Well 18 Bid Protest - 20260714 - Response to Conco - Supplemental.pdf Follow Up Flag: Follow up
Flag Status: Flagged
Jose Antonio and Anthony,
Our office just received the aƩached leƩer and email below in regards to the bid protest for Well 18. Please review and let us know if you’d like to discuss. In the meanƟme, we are proceeding with the staff report and resoluƟon for rejecƟng all bids for this project based on your direcƟon. Thank you.

Regards,
Noe Martinez, PE
Vice President/Principal Engineer
Gouveia Engineering, Inc.

C. 209.648.0415 Ph. 209.854.3300
www.gouveiaengineering.com
From: Nick Fontaine <[email protected]>
Sent: Tuesday, July 14, 2026 3:13 PM
To: Noe Martinez <[email protected]>
Subject: FW: Livingston Well 18 Bid Protest - 20260714 - Response to Conco - Supplemental.pdf Here is the latest response from Dawson Mauldin regarding the bid protest… Nick Fontaine, PE
Senior Civil Engineer
Gouveia Engineering, Inc.
456 Sixth Street
Gustine, CA 95322
Ph. 209.854.3300
C. 209.648.0408
From: Ashley Owens <[email protected]>
Sent: Tuesday, July 14, 2026 2:55 PM
To: Nick Fontaine <[email protected]>
Cc: Mike Mauldin <[email protected]>
Subject: Livingston Well 18 Bid Protest - 20260714 - Response to Conco - Supplemental.pdf Good afternoon Nick,
I hope you're doing well.
206 of 214
2 Attached is Dawson-Mauldin's supplemental response to Conco-West's bid protest. We've invested a significant amount of time and eƯort into preparing this bid and remain committed to delivering a successful project for the City.

We simply ask that our response be included as part of the procurement record and considered alongside the protest so the City has a complete and accurate understanding of the facts.

If you or the City's review team have any questions, please don't hesitate to reach out. We're happy to provide anything needed.

Thank you, Nick. We appreciate your time and consideration.

Regards,
Ashley Owens
Project Controls, Preconstruction & Claims Manager
3410 McCall Ave., Ste. 106, Selma, California 93662
Office 559.896.0098 • Cell 559.499.9933 • Fax 559.896.1572 [email protected]

HUMAN NOTICE:

If this email finds you outside of normal working hours, please know I’m not trying to win any “Most Dedicated Inbox” awards. We operate at a digitally enabled pace that doesn’t always respect dinner, sleep, or family Ɵme. I’m sending this when it works for me—it’s a reflecƟon of my schedule, not an expectaƟon of yours. Please respond when it’s convenient for you.

CONFIDENTIALITY NOTICE:

This message (and any aƩachments) is confidenƟal and may be privileged. It is intended solely for the named recipient. If you’ve received this in error, congratulaƟons on your excellent email luck—but please do not read, share, copy, or act on it. Kindly noƟfy the sender by reply email and delete the message. Thank you for your cooperaƟon.

Dawson-Mat1ldin
207 of 214
Dawson-Mauldin l.ic. A UN1654
July 14, 2026
City of Livingston
1416 C Street
Livingston, CA 95334
General Engi11eeri11g Co11/rc1ctor
RE: City of Livingston - Well No. 18 Development and Equipment Project SUBJECT: Response to Conco-West Inc. Bid Protest
Bid Opening Date: June 23, 2026
To Whom It May Concern:
34 10 McCall Avenue, Sic l06
Selma, CA 93662
Phone; (559) 396-0098
Dawson-Mauldin LLC respectfully submits this supplemental response to Conco-West, lnc.'s bid protest and subsequent supplemental submission. Before considering the merits of any allegation, DawsonMauldin respectfully requests that the City first determine whether Con co-West has satisfied the mandatory bid protest procedures established by the Contract Documents.

I. The Contract Documents Require a Complete Protest
The Contract Documents require that an initial protest contain:
• a complete statement of the basis for the protest;
• all supporting documentation;
• identification of the specific Contract Document provisions supporting the protest; and • compliance with all procedural protest requirements.

These procedural requirements are mandatory and constitute the protesting bidder's sole and exclusive remedy (See Exhibit 1). The burden of demonstrating non-responsiveness rests with the protesting bidder.

II. Conco-West Has Not Met Its Burden
The burden rests with Conco-West to establish that Dawson-Mauldin's bid is non-responsive. That burden cannot be satisfied through assumptions, speculation, or conclusions unsupported by competent evidence or the Contract Documents.

The Contract Documents require a protesting bidder to identify the specific Contract Document provisions supporting its position and to submit all supporting documentation with its protest. Conca-West has not identified any provision of the Contract Documents requiring separate HVAC or roofing subcontractor listings under the circumstances presented here, nor has it produced competent evidence demonstrating that DawsonMauldin intended to award undisclosed qualifying subcontracts.

Instead, Conca-West asks the City to infer that Dawson-Mauldin's bid is non-responsiveness from assumptions rather than evidence or specific requirements contained in the Contract Documents. 208 of 214
Dawson-Mauldin Uc, AJ 041654
General E11gi11eeri1tg Ctmtroctor
Ill. Request for Determination
Accordingly, Dawson-Mauldin respectfully requests that the City:
3410 M cCall l\vcnul:. St\! 106
Selma. CA 93-662
Phone: (559) 896-01198

1. Determine whether Conco-West's protest complied with the mandatory requirements of the Contract Documents;

2. Determine whether Cenco-West's supplemental filing complies with the protest procedures established by the Contract Documents;

3. Determine whether Conco-West has established, through competent evidence and reference to the Contract Documents, that Dawson-Mauldin's bid is non-responsive;

4. Disregard allegations unsupported by competent evidence or any identified provision of the Contract Documents; and

5. Deny Conca-West's protest.

Respectfully submitted,

DAWSON-MAULDIN LLC
I declare under penalty of perjury under the laws of the State of Cal ifornia that I have personal knowledge of the facts stated herein and have reviewed Dawson-Mauldin LLC's contemporaneous bid preparation records relating to those matters, and that the foregoing is true and correct.

Executed on July 14, 2026, at __ ,_3_e_\...~":\--Pr ____ . California. wens
Project Controls, Preconstruction & Claims Manager
Dawson-Mauldin LLC
Contractor License No. 1042654
DIR Registration No. 1000060481
209 of 214
Dawson-Mauldin f.ic A/0416.5.J
Ge/feral E11gineeri11g Contractor
EXHIBIT 1
3410 McCall Avtouc. St.: 106
!>elm~. CA 93602
Phone: (559) 896-0098
210 of 214
640.33
INFORMATION FOR BIDDERS 7 of 8
Issuance of a Notice to Proceed On or before: August 10, 2026 (tentative) Construction to Begin On or before: Sept. 1, 2026 (tentative) Qualification of Bidder
The Owner may make such investigation as it deems necessary to determine the ability of the Bidder to provide the services requested, and the Bidder shall furnish to the Owner all information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid should the evidence submitted by, or investigation of, the Bidder fail to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Bid and to complete the requirements contemplated therein.

Governing Law and Venue
This bid, or any contract that may result from the award of this bid, shall be deemed to be made under, and shall be governed by and construed in accordance with, the laws of the State of California. Any action brought to enforce the terms, or provision of this bid or any contract that may result from the award of this bid, shall have venue in the County of Merced, State of California.

Bid Protest Procedure
Inquiries or questions based on alleged patent ambiguity of the plans, specifications or estimate must be communicated as a Bidder Inquiry prior to bid opening. Any such inquiries or questions, submitted after bid opening, will not be treated as a bid protest.

Pursuant to Bid protests, the lack of prompt procedure to resolve disputes regarding the bidding process would impair the Owner's ability to carry out its purpose of contracting this project in a timely manner.

Therefore, to the maximum extent authorized by law and notwithstanding any other procedures specified in these Contract Documents, all disputes and/or protests regarding the bidding process shall be subject to the following procedure. In submitting a Bid to the Owner for this project, the Bidder agrees to comply with and to be bound by this procedure.

Any Bid protest must be submitted in writing to the City before 5:00 p.m. on the fifth (5th) working day following Bid opening.

1. The initial protest document must contain a complete statement of the basis for the protest, and all supporting documentation. A non-refundable fee of One Thousand Dollars ($1,000) made payable to the "City of Livingston" shall accompany the protest documents and will be used by the Owner to recover costs in evaluating the bid protest. A bid protest submitted without the requisite fee will be considered incomplete and will not be considered by the Owner.

2. The party filing the protest must have actually submitted a Bid for the work. A subcontractor of a party submitting a Bid for the work may not submit a Bid protest.

3. A party may not rely on the Bid protest submitted by another Bidder, but must timely pursue its own protest.

4. The protest must refer to the specific portion of the Contract Documents which forms the basis for the protest.

5. The protest must include the name, address and telephone number of the person representing the protesting party.

6. The party filing the protest must concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
211 of 214
640.33
INFORMATION FOR BIDDERS 8 of 8

7. The Owner will give the protested Bidder five (5) working days after the receipt of the protest to submit a written response. The responding Bidder shall transmit the response to the protesting Bidder concurrent with the delivery to the Owner.

8. The procedure and time limits set forth in this paragraph are mandatory and are the Bidder's sole and exclusive remedy in the event of Bid protest. The Bidder's failure to comply with these procedures shall constitute a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings.

If the Owner determines that a protest is frivolous, the protesting Bidder may be determined to be nonresponsible and that Bidder may be determined to be ineligible for future contract awards.

Cancellation of Contract
The Owner may terminate any Contract derived from this Bid as follows:
• Without cause at any time by giving thirty (30) calendar days written notice to the successful Contractor;
• With cause (Default) at any time by giving ten (10) calendar days written notice to the successful Contractor. Cancellation for cause shall be at the discretion of the Owner and shall be, but is not limited to, failure to supply the items, materials, equipment or services specified within the time allowed or within the terms, conditions or provisions of this Bid.

The successful Contractor may not cancel any contract derived from this Bid, without prior written consent of the Owner.
- END OF SECTION -
212 of 214
1 Nick Fontaine
From: Noe Martinez
Sent: Wednesday, July 15, 2026 11:08 AM
To: Jose A. Ramirez; Anthony Chavarria
Cc: Nick Fontaine; Mario Gouveia; Linda Gouveia
Subject: FW: Livingston well 18 Contractors State License Board Attachments: contractors state license board.pdf
As menƟoned earlier today, here is the addiƟonal correspondence received by our office on the bid protest.

Regards,
Noe Martinez, PE
Vice President/Principal Engineer
Gouveia Engineering, Inc.

C. 209.648.0415 Ph. 209.854.3300
www.gouveiaengineering.com
From: Nick Fontaine <[email protected]>
Sent: Wednesday, July 15, 2026 10:02 AM
To: Noe Martinez <[email protected]>
Subject: FW: Livingston well 18 Contractors State License Board More from Dawson Mauldin…
Nick Fontaine, PE
Senior Civil Engineer
Gouveia Engineering, Inc.
456 Sixth Street
Gustine, CA 95322
Ph. 209.854.3300
C. 209.648.0408
From: Mike Mauldin <[email protected]>
Sent: Wednesday, July 15, 2026 9:54 AM
To: Nick Fontaine <[email protected]>
Cc: Vel Chan <[email protected]>
Subject: Livingston well 18 Contractors State License Board Nick,
This is straight from the CSLB website. It states that we can do a single trade (specialty work). This is cut and dry.

The city needs to stick to their guns and not let a protesting bidder push them around.

The city needs to follow through with there determination to award this project to us.

Thanks
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fJ~ . . "'"' or CONSUlll • •• , •
".:.11 CONTRAC TORS ~ . STATE LICENSE BOARD
. Home. : ff' about us .i facts , __ ?_U.'-~~n. g o 1c1al information -~~.'.9.:.. 0Building Official Information Guide
...

Get information about how all building department personnel can help identify and resolve problems created by licensed and unlicensed contractors.
81, l'..'ln•J Department Referral Ferm
Select Language T
Use this form to notify CSLB about unlicensed activity, contractors working without workers' compensation insurance, and building code violations.

A. General Engnec:r •19 ContractOi
Can an "A" General Engineering contractor contract to perform the work of a single trade (specialty work)Jf that specialty wocf< is an integral part o{ the scope of work for a general
engir:ieerin9 contractor? For example, an "A" contractor can build a freeway, which can include pouring concrete and putting up fences. Can the "A" contractor take a contract for concrete work only or to build a fence only?
An "A" contractor can contract to perform all or any part of a project that falls under the "A" classification. California Code of Regulations section 834(a) states " ... a general enginee_ring contraGtor shall operate only ~vithin those areas defined in Sect(on 7056 of th.e [Business and Profession~ (B&P)J Code."T herefore an "A" contractor could t~ke a contract to build a fence or pour concrete lf the work 1,vas 01jginally or is currently part of the type of proJects listed in B&P Code section 7056 {airports, roads and ,similar ''fixed works'l
'B" General Building Cortrador
How is a "B" General Building contractor defined in
Contractors License Law?
Section 7057(a) broadly defines general building contractor as a contractor whose principal business is in connection with any structure built, being built, or to be built, requiring in its construction the use of at least two unrelated building trades or cra~s; however, framing or carpen try projects may be performed without limitation. In some instances, a general building contractor may take a contract for projects involving one trade only if the general contractor holds the appropriate specialty license or subcontracts with an appropriately licensed specialty contractor to perform the work.

Subsections (b) & (c) of B&P Code section 7057 specifically define the situations in which a "B" contractor may take a prime contract or subcontract.
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