1 CITY COUNCIL SPECIAL AND REGULAR
MEETING AGENDA
JULY 21, 2026
SPECIAL MEETING: 6:00 P.M. – 7:00 P.M
REGULAR MEETING: 7:00 P.M.
WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC
PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.
ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB ZmQZIHELh-ECEPZ2VwZg Notice is hereby given that the City Council will hold a Special and Regular Meeting at the City Council Chambers, 663 Main Street, Livingston, California. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on the day of the City Council meeting in order for them to be distributed to the Council prior to consideration of the matter. You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes).
Please include: PUBLIC COMMENT in the subject for the email. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt by 4:00 p.m., please call the City Clerk’s Office at (209) 394-8041, Ext. 121 (Note: This technology is not a guaranteed method).
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2 SPECIAL MEETING
1. Call to Order
2. Roll Call
3. Pledge of Allegiance.
4. Moment of Silence – First Responders and Military Members.
5. Citizen Comments
CLOSED SESSION
A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items:
personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 663 Main Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 633 Main Street, Livingston, California.
6. Conference with Legal Counsel – Anticipated Litigation – significant exposure to Litigation pursuant to Government Code § 54956.9(d)(2), (e)(1), 1 Matter.
7. Conference with Legal Counsel - Potential Initiation of Litigation pursuant to Government Code § 54956.9(d)(4) – 1 Matter.
8. Conference with Labor Negotiator (Government Code Section 54957.6) Labor Negotiator:
Jose Antonio Ramirez, City Manager
Employee Organizations: OE3- Clerical Bargaining Unit
Police Supervisory Employees Association
Livingston Police Officer Association
9. Public Employee Appointment, Pursuant to Government Code section 54957 Title: Interim Chief of Police.
REGULAR MEETING
CALL TO ORDER
Pledge of Allegiance.
Moment of Silence – First Responders and Military Members. 2 of 214
3 Roll Call.
Closed Session Announcement
Changes to the Agenda.
CITIZEN COMMENTS
This section of the agenda allows members of the public to address the City Council on any item NOT on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening.
COUNTY SUPERVISOR’S ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.
ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.
City Manager Announcements and Reports.
CONFLICT OF INTEREST DECLARATION
Members of the City Council will declare an actual or apparent conflict of interest before discussions or decisions about any matters in which they or anyone with whom they have a close personal relationship could directly or indirectly benefit or where such a benefit could be perceived.
CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by a member of the public, the City Manager or City Council Member. There will be no separate discussion of these items unless members of the public, City Council or City Manager request that specific items be removed. Public comment on consent agenda items shall be limited to three (3) minutes perperson regardless of the number of items contained within the consent agenda.
1. Ratify Warrants Register Dated July 10, 2026.
2. Approval of Minutes of Meeting Held on July 7, 2026.
3. City Treasurer’s Investment Report for the Month Ending June 30, 2026.
4. Consideration of Adopting a Resolution Amending The Comprehensive Pay Schedule Update The Salary Range For The Classification Of Chief Of Police, Effective July 21, 2026.
5. Consideration of Adopting a Resolution Accepting The Low Bid And Awarding A Contract To Hensley’s Paving And General Engineering, Inc. For The Total Bid Amount Of $206,368.00 For The Main Street 3 of 214
4 Rehabilitation – D Street To I Street Project, Authorizing A Contingency For Contract Change Orders Up To 10% Of The Contract Amount, And Authorizing The City Manager To Execute The Agreement.
6. Consideration Of Adopting 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
7. Consideration of Adopting 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.
8. Consideration of Adopting a Resolution Adopting An Application Fee For The Issuance Of A Sidewalk Vending Permit Pursuant To Livingston Municipal Code Section 3-2-4-4.
9. Consideration of a 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.
ANNOUNCEMENTS AND REPORTS
City Council Members’ Announcements and Reports.
Mayor’s Announcements and Reports.
Robert Wallis
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board Robert Wallis, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
• Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.
Jason Roth
• Merced County Local Agency Formation Commission (LAFCO) Jason Roth, Representative.
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
Japjeet Uppal
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Robert Wallis, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.
• Merced Integrated Regional Water Management Plan (MIRWMA) – Japjeet Uppal, Representative and Robert Wallis, Alternate Representative. 4 of 214
5 • Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.
Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.
Jose Moran
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.
COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
ADJOURNMENT
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STAFF REPORT
1 AGENDA ITEM: Warrant Register July 10, 2026
MEETING DATE: July 21, 2026
PREPARED BY: Consuelo Moreno, Account Clerk
REVIEWED BY: Happy Bains, Finance Director
RECOMMENDATION:
Ratify the warrant register dated July 10, 2026
DISCUSSION:
Government Code sections 37208(b) and 37209 provide that accounts payable warrants or checks drawn in payment of demands certified or approved by the finance director as conforming to a budget approved by ordinance or resolution of the legislative body need not be audited by the legislative body prior to payment.
In addition, Government Code section 37208(a) provides that payroll warrants or checks need not be audited by the legislative body prior to payment. Payrolls shall be presented to the legislative body for ratification and approval at the first meeting after delivery of the payroll warrants or checks. The sum of any payroll checks issued within the week prior to the date of the check register is also noted on the accompanying check register.
The following checks have been certified to be in accordance with the City’s approved budget.
The checks have been issued, and the check register is presented to the City Council for ratification:
June 20, 2026 – July 10, 2026
CHECKS #
NET PAYROLL……………………...........…. $ 434,639.48 4180-4222 GENERAL WARRANTS……………………. $ 1,253,733.62 16117-16265
ACH WARRANTS…………………………….$ 55,096.57
PAYROLL WARRANTS…………..….…...…$ 189,434.44
TOTAL WARRANTS………………………… $ 1,932,904.11
ATTACHMENTS:
Warrant Register (detailed by date and check number)
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Accounts Payable
User:
Printed:
[email protected]
7/13/2026 2:50 PM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
1000466 FIT Federal Tax Payments 06/23/2026 26,272.76
1000467 NBS1 National Benefit Services - AltaMont St Cla 06/23/2026 1,870.24 1000468 PERS Public Employ Retire System 06/23/2026 39,751.04 1000469 PTS PTS - Part Time Seasonal 457 Plan 06/23/2026 354.96 1000470 SIT State Tax Payments 06/23/2026 9,972.93
1000471 VALIC Variable Annunity Life Ins. 06/23/2026 1,320.00 Total for 6/23/2026: 79,541.93
16117 251 ABS Direct, Inc. 06/29/2026 117.12
16118 1769 Deanna Alvarez 06/29/2026 400.00
16119 1307 Amazon Capital Services 06/29/2026 1,865.84
16120 472 Aqua-Metric Sales Company 06/29/2026 209.25
16121 446 Belkorp Ag, LLC 06/29/2026 1,837.02
16122 1787 Burke,Williams & Sorensen, LLP 06/29/2026 30,537.66 16123 393 California State Disbursement Unit 06/29/2026 1,159.37 16124 UB*02180 BRISANXEL GUADALUPE CASTRO SA 06/29/2026 65.42 16125 1239 Clark Pest Control of Stockton, Inc. 06/29/2026 57.00 16126 683 Custom Locksmith & Alarm, Inc. 06/29/2026 1,108.20 16127 787 Custom Weed Control Inc. 06/29/2026 400.00
16128 1765 Nino Dimas 06/29/2026 255.00
16129 547 Don's Mobile Glass 06/29/2026 59.00
16130 UB*02181 MARIA ANGELICA SALAZAR EDILBER 06/29/2026 146.68 16131 1867 Employment Development Dept. 06/29/2026 385.43 16132 455 Ernest Packaging Solutions 06/29/2026 108.53
16133 163 EZ Auto Supply 06/29/2026 20.64
16134 1479 Ferguson Waterworks #2777 06/29/2026 862.00
16135 449 Fineline Striping 06/29/2026 6,590.00
16136 420 Frantz Wholesale Nursery, LLC. 06/29/2026 89.27 16137 1324 Robert Garcia 06/29/2026 1,500.00
16138 164 Garza Tire & Wheel, Inc 06/29/2026 800.90
16139 1807 GCP WW Holdco LLC 06/29/2026 136.40
16140 UB*02109 JOSE ANTONIO GONZALEZ TAFOLLA 06/29/2026 42.43 16141 356 Gouveia Engineering, Inc. 06/29/2026 160,699.75 16142 1505 Greenfields Outdoor Fitness, Inc 06/29/2026 8,795.37 16143 551 Griswold Industries 06/29/2026 2,616.02
16144 1821 Heritage Lanscape Supply Group, INC 06/29/2026 1,518.08 16145 266 Hilmar Lumber 06/29/2026 392.11
16146 358 Hilmar Ready Mix Rockery Nursery, LLC 06/29/2026 773.66 16147 482 Hi-Tech EVS, Inc, 06/29/2026 10,832.04
16148 501 Hunt & Sons, LLC 06/29/2026 18,067.61
16149 1033 Independent Investigations LLC 06/29/2026 1,397.13 16150 388 Interstate Battery System of Fresno 06/29/2026 637.49 16151 521 Jim Brisco Enterprises, Inc. 06/29/2026 1,171.24 16152 1869 Navleen Kaur 06/29/2026 216.00
16153 1130 Kellogg Supply 06/29/2026 665.92
16154 276 Livingston True Value Hardware, Inc. 06/29/2026 454.02 AP Checks by Date - Summary by Check Date (7/13/2026 2:50 PM) Page 1 (irty o,f Uving1sto1n
1416 C Stroot
Livingston, CA 95334,-
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Check No Vendor No Vendor Name Check Date Check Amount
16155 1170 Martin Marietta Materials, Inc. 06/29/2026 451.18 16156 524 Merced Chevrolet 06/29/2026 31.72
16157 269 Merced Pest Control 06/29/2026 90.00
16158 180 Mission Linen Service 06/29/2026 1,437.59
16159 270 Modern Air Mechanical 06/29/2026 866.00
16160 1818 Moore Twinning Associates, Inc. 06/29/2026 10,657.50 16161 2 Angelita Moran 06/29/2026 324.00
16162 459 Municipal Maintenance Equipment 06/29/2026 663.89 16163 1797 New Century Construction & Consulting, In 06/29/2026 9,665.50 16164 199 Northstar Chemical 06/29/2026 1,572.72
16165 302 Office Depot, Inc./ODP Business Solutions, 06/29/2026 1,266.13 16166 201 O'reilly Automotive, Inc. 06/29/2026 1,328.82 16167 1437 PrecisionWorks LLC 06/29/2026 39,912.52
16168 433 Razzari Ford 06/29/2026 9,236.75
16169 1215 Rexel USA, Inc. 06/29/2026 6,003.92
16170 208 Saenz Pest Control, Inc. 06/29/2026 131.00
16171 1330 James D Sanders 06/29/2026 800.00
16172 739 Self- Help Enterprises 06/29/2026 221.73
16173 1868 Frank Sequeira 06/29/2026 1,795.11
16174 589 Shannon Pump Co. 06/29/2026 8,846.40
16175 439 Sharpening Shop 06/29/2026 1,757.83
16176 307 Shred-It, C/O Stericycle, Inc. 06/29/2026 328.76 16177 873 Deanna Soria 06/29/2026 99.56
16178 1284 State of California 06/29/2026 65.08
16179 271 State Water Resources Control Board 06/29/2026 116,299.38 16180 1771 Subsurface Technologies, Inc 06/29/2026 18,860.50 16181 1829 Synergy Site Services Inc. 06/29/2026 217.06 16182 875 Taylor ER Veterinary Emergency Hospital 06/29/2026 161.28 16183 692 Tesco Controls, Inc. 06/29/2026 787.50
16184 313 U.S. Bank Equipment Finance 06/29/2026 453.17 16185 366 USABlueBook 06/29/2026 948.70
16186 1150 Valley 29 Electric, LLC 06/29/2026 13,320.40 16187 314 Valley Coffee & Water 06/29/2026 69.75
16188 277 Valley Farm Supply Stores, Inc. 06/29/2026 73.49 16189 935 Allison DeAnn Van Guilder 06/29/2026 1,000.00 16190 367 Verizon Wireless 06/29/2026 1,491.77
16191 409 Willdan Financial Services 06/29/2026 3,930.00 16192 597 Work Wellness 06/29/2026 180.00
Total for 6/29/2026: 512,336.31
16193 1866 1000Bulbs.com 06/30/2026 7,103.13
16194 1307 Amazon Capital Services 06/30/2026 99.16
16195 529 American Legal Publishing 06/30/2026 2,167.18 16196 508 City of Livingston (Petty Cash) 06/30/2026 30.00 16197 1239 Clark Pest Control of Stockton, Inc. 06/30/2026 45.00 16198 448 Empire Insignias 06/30/2026 765.00
16199 1151 Jose Flores 06/30/2026 75.00
16200 1033 Independent Investigations LLC 06/30/2026 1,250.00 16201 521 Jim Brisco Enterprises, Inc. 06/30/2026 1,788.94 16202 680 L.N. Curtis & Sons 06/30/2026 16,138.50
16203 180 Mission Linen Service 06/30/2026 156.17
16204 270 Modern Air Mechanical 06/30/2026 8,490.00
16205 UB*01943 JOSE PACHECO 06/30/2026 31.85
16206 1283 Sacramento County Sheriff's Office 06/30/2026 450.00 Total for 6/30/2026: 38,589.93
AP Checks by Date - Summary by Check Date (7/13/2026 2:50 PM) Page 2 8 of 214
Check No Vendor No Vendor Name Check Date Check Amount
ACH 1863 Benistar Admin Services, Inc. 07/02/2026 5,287.99 Total for 7/2/2026: 5,287.99
1000472 FIT Federal Tax Payments 07/07/2026 34,213.99
1000473 NBS1 National Benefit Services - AltaMont St Cla 07/07/2026 1,970.24 1000474 PERS Public Employ Retire System 07/07/2026 36,260.08 1000475 PTS PTS - Part Time Seasonal 457 Plan 07/07/2026 179.33 1000476 SIT State Tax Payments 07/07/2026 12,891.66
1000477 VALIC Variable Annunity Life Ins. 07/07/2026 1,340.00 Total for 7/7/2026: 86,855.30
ACH 1861 MidAmerica Administrative & Retrirement 07/08/2026 2,465.20 ACH 188 Frontier 07/08/2026 7,159.97
ACH 203 PG&E 07/08/2026 39,799.35
ACH 272 Charter Communications Holdings, LLC 07/08/2026 384.06 Total for 7/8/2026: 49,808.58
1000488 PERS Public Employ Retire System 07/10/2026 23,037.21 16207 434 AFSCME District Council 57 07/10/2026 914.76
16208 1307 Amazon Capital Services 07/10/2026 255.06
16209 396 American Fidelity Assurance 07/10/2026 3,331.22 16210 397 American Fidelity Assurance Company 07/10/2026 1,295.78 16211 1810 Amerine Systems Inc. 07/10/2026 34,887.80
16212 UB*02184 ARBITRAGE HOMES, LLC 07/10/2026 333.00
16213 1220 Rayona Armenta 07/10/2026 100.00
16214 445 Axon Enterprise, Inc. 07/10/2026 67,516.67
16215 193 BSK Associates 07/10/2026 4,485.00
16216 320 California Building Standards Commission 07/10/2026 56.70 16217 1693 California Consulting, Inc 07/10/2026 4,750.00 16218 393 California State Disbursement Unit 07/10/2026 1,159.37 16219 909 Canon Financial Services, Inc. 07/10/2026 334.64 16220 1287 CED Merced 07/10/2026 429.56
16221 291 City of Livingston c/o L &L District Irrigati 07/10/2026 17,585.41 16222 1239 Clark Pest Control of Stockton, Inc. 07/10/2026 301.00 16223 1835 ClearGov Inc. 07/10/2026 10,800.00
16224 447 Conco West, Inc 07/10/2026 115,995.00
16225 321 Department of Conservation Division of Ad 07/10/2026 129.46 16226 1790 Stephanie R. Dietz 07/10/2026 1,375.00
16227 319 Division of The State Architect 07/10/2026 12.80 16228 1867 Employment Development Dept. 07/10/2026 385.43 16229 449 Fineline Striping 07/10/2026 16,170.00
16230 1758 Garda CL West, Inc. Lockbox #233209 07/10/2026 215.76 16231 262 Gilton Solid Waste 07/10/2026 197,454.15
16232 266 Hilmar Lumber 07/10/2026 7,773.27
16233 267 Hoffman Security 07/10/2026 236.90
16234 501 Hunt & Sons, LLC 07/10/2026 1,745.55
16235 786 J.B, Anderson Land Use Planning 07/10/2026 49,004.80 16236 279 LAFCO of Merced County 07/10/2026 3,857.39
16237 268 Language Line Services, Inc. 07/10/2026 195.52 16238 276 Livingston True Value Hardware, Inc. 07/10/2026 597.17 16239 1671 Merced County Auditor/Controller's Office 07/10/2026 1,170.00 16240 269 Merced Pest Control 07/10/2026 180.00
AP Checks by Date - Summary by Check Date (7/13/2026 2:50 PM) Page 3 9 of 214
Check No Vendor No Vendor Name Check Date Check Amount
16241 389 Mid Valley IT 07/10/2026 11,506.22
16242 170 MintierHarnish Planning Consulants 07/10/2026 773.09 16243 180 Mission Linen Service 07/10/2026 80.33
16244 270 Modern Air Mechanical 07/10/2026 1,659.00
16245 1818 Moore Twinning Associates, Inc. 07/10/2026 745.00 16246 199 Northstar Chemical 07/10/2026 1,945.79
16247 302 Office Depot, Inc./ODP Business Solutions, 07/10/2026 346.21 16248 437 Operating Engineers Local 3 07/10/2026 477.00 16249 438 Operating Engineers Local Union No.3 07/10/2026 720.00 16250 1796 Power Business Technology 07/10/2026 17.90
16251 UB*02183 ENRIQUE RUIZ SANCHEZ 07/10/2026 78.43
16252 408 Sapien Family Trust 07/10/2026 1,000.00
16253 307 Shred-It, C/O Stericycle, Inc. 07/10/2026 415.05 16254 1284 State of California 07/10/2026 65.08
16255 1606 SVA Architects, Inc. 07/10/2026 6,300.00
16256 1829 Synergy Site Services Inc. 07/10/2026 697.18 16257 530 Telstar Instruments 07/10/2026 6,066.00
16258 564 Texas Life Insurance 07/10/2026 260.60
16259 383 The Bank of New York Mellon Trust Comp 07/10/2026 100,925.00 16260 310 Totlcom, Inc. 07/10/2026 427.71
16261 1150 Valley 29 Electric, LLC 07/10/2026 9,107.29
16262 314 Valley Coffee & Water 07/10/2026 8.00
16263 UB*02182 JOESHIO VEGA 07/10/2026 201.22
16264 608 Vision Service Plan- CA 07/10/2026 2,031.10
16265 409 Willdan Financial Services 07/10/2026 11,920.01 Total for 7/10/2026: 725,844.59
Report Total (167 checks): 1,498,264.63
AP Checks by Date - Summary by Check Date (7/13/2026 2:50 PM) Page 4 10 of 214
MEETING MINUTES
SPECIAL AND REGULAR MEETING
LIVINGSTON CITY COUNCIL
JULY7, 2026
A Special and Regular Meeting of the Livingston City Council was held on July 7, 2026, in the City Council Chambers with Acting Mayor Samra presiding.
SPECIAL MEETING
Acting Mayor Samra called the meeting to order at 6:02 p.m.
ROLL CALL
D Mayor Jose A. Moran (Absent)
[:8] Mayor Pro Tern Gurpal Samra
[:8] Council Member Singh Uppal
[:8] Council Member Jason Roth
D Council Member Robe1t Wallis (Absent)
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited
MOMENT OF SILENCE
There was a moment of silence for First Responders and Militaiy Members.
CITIZEN COMMENTS
Acting Mayor Samra opened and closed citizen comments at 6:03 p.m., as there were no comments from the public, the Council went into Closed Session immediately thereafter to discuss the following matters.
CLOSED SESSION
6. Conference with Labor Negotiator (Government Code Section 54957.6) Labor Negotiator:
Jose Antonio Ramirez, City Manager
Employee Organizations:
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OE3- Clerical Bargaining Unit
OE3 - Police Supe1viso1y Employees
Association OE3 - Livingston Police Officer Association
7. Conference with Legal Counsel - Anticipated Litigation - significant exposure to litigation pursuant to Government Code§ 54956.9(d)(2), (e)(l), 2 Matters
8. Conference with Legal Counsel - Initiation of Litigation pursuant to Government Code§ 54956.9(d)(4) - I Matter.
City Attorney Tran pulled one matter from item 7. Instead of two matters, only one matter will be discussed in item 7 of closed session.
REGULAR MEETING
Acting Mayor Samra called the meeting to order at 7:08 p.m.
PLEDGE OF ALLEGIANCE
The pledge of allegiance to the flag was recited.
MOMENT OF SILENCE
There was a moment of silence for First Responders and Milita1y Members.
ROLL CALL
D Mayor Jose A. Moran (Absent)
[8J Mayor Pro Tern Gurpal Samra
[8J Council Member Singh Uppal
[8J Council Member Jason Roth
D Council Member Robe11 Wallis (Absent)
CLOSED SESSION ANNOUNCEMENT
Closed session will be reconvened after the regular meeting.
CHANGES TO THE AGENDA
None.
CITIZEN COMMENTS
Acting Mayor Samra opened citizen comments at 7:10 p.m.
Citizen Comments:
Russ Winton
Patiicia Zamora
Clerk Notes: Deputy City Clerk Cisneros allllounced for the record that a public comment was received by email from John Doe. It was posted on the city website.
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Mayor Moran closed citizen comments at 7:20 p.m., as there were no fmt her comments from the public.
AW ARDS, PRESENTATIONS, PROCLAMATIONS
1. Presentation by Ana Alberto, President of Livingston Surf, Hope Meza, Admin, and Alejandra Ruiz, Treasurer: Livingston Surf - Building Opportunities Through Soccer, Education, and Community Partnership.
Ana Alberto introduced this item. Hope Meza presented scholai·ships to volunteer students.
COUNTY SUPERVISOR'S ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Rep01ts.
None.
ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Repo1ts.
• Anthony ChavaiTia, Director of Public Works.
City Manager Announcements and Repo1ts.
• Jose A. Ramirez, City Manager
CONFLICT OF INTEREST DECLARATION
Members of the City Council will declare an actual or apparent conflict of interest before discussions or decisions about any matters in which they or anyone with whom they have a close personal relationship could directly or indirectly benefit or where such a benefit could be perceived.
None.
CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by a member of the public, the City Manager or City Council Member. There will be no separate discussion of these items unless members of the public, City Council or City Manager request that specific items be removed. Public comment on consent agenda items shall be limited to three (3) minutes per-person regardless of the number of items contained within the consent agenda.
Motion: MIS Uppal/Roth to pull items 2, 4, and 8 from the consent agenda for fmt her discussion.
The motion canied 3-0-2 by the following roll call vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
Uppal, Roth, and Samra
None
Moran and Wallis
3. Approval of Minutes of Meeting Held on June 16, 2026.
5. Consideration of Adopting a Resolution Accepting Completion Of The Max Foster Multiuse Path - Phase 1, Federal-Aid Project No. CML-5256(020), Authorizing The City
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Clerk To File A Notice Of Completion With Merced County, And Authorizing The City Manager To Make Final Payment Of Retention Monies To Taylor Backhoe Se1vice, Inc.
DBA TBS Contractors.
6. Consideration of Adopting a Resolution Accepting Completion Of The Max Foster Multiuse Path - Phase 2, Federal-Aid Project No. CML-5256(021), Authorizing The City Clerk To File A Notice Of Completion With Merced County, And Authorizing The City Manager To Make Final Payment Of Retention Monies To Taylor Backhoe Se1vice, Inc.
DBA TBS Contractors.
7. Consideration of Adopting a Resolution Ratifying The Contract Change Orders For Conco West, Inc., For The Well No. 8A Development And Equipment Project, Authorizing The Finance Depa1tment To Make A Supplemental Appropriation To The Water Capital Fund - Well #8A In An Amount Not To Exceed $291,108.17, And Autho1izing The City Manager Or His Designee To Execute All Related Documents.
Acting Mayor Samra opened and closed public comments at 8:07 p.m., as there were no comments from the public.
Motion: MIS Uppal/Roth to approve consent agenda items 3,5,6, and 7. The motion canied 3- 0-2 by the following roll call vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
Uppal, Roth, and Samra
None
Moran and Wallis
2. Ratify Wanants Register Dated June 26, 2026.
Acting Mayor Samra opened and closed public comments at 8: 14 p .m., as there were no public comments from the public.
Motion: MIS Uppal/Roth to Ratify Wanants Register Dated June 26, 2026. The motion canied 3-0-2 by the following roll call vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
Uppal, Roth, and Samra
None
Moran and Wallis
4. Consideration of Adopting a Resolution Approving the Award of Agreement for IT Managed Se1vices to MID Valley IT Se1vices and Authorizing the City Manager to Execute all Related Documents.
Motion: MIS Uppal to amend the contract language to have the two additional one-year te1ms come back for approval by council. The motion died due to a lack of a second.
Motion: MIS Samra/Roth to approve Resolution Approving the Award of Agreement for IT Managed Se1vices to MID Valley IT Se1vices and Autho1izing the City Manager to Execute all Related Documents. The motion canied 3-0-2 by the following roll call vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
Uppal, Roth, and Samra
None
Moran and Wallis
Page4 of7
14 of 214
Acting Mayor Samra opened public comments at 8:25 p.m.
Public Comments:
Parwinder Uppal
Acting Mayor Samra closed public comments at 8:26 p.m., as there were no further comments from the public.
Motion: MIS Samra/Roth to approve Resolution Approving the Award of Agreement for IT Managed Services to MID Valley IT Se1vices and Autho1izing the City Manager to Execute all Related Documents. The motion canied 3-0-2 by the following roll call vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
Uppal, Roth, and Samra
None
Moran and Wallis
8. Consideration of Adopting a Resolution Adopting the 2026-2027 Strategic Plan and Its Identified Priolities.
Acting Mayor Samra opened and closed public c01mnents at 8:49 p.m., as there were no comments from the public.
Motion: MIS Uppal/Roth to table item 8 to a future date to be determined. The motion caiTied 3-0-2 by the following roll call vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ANNOUNCEMENTS AND REPORTS
Uppal, Roth, and Samra
None
Moran and Wallis
City Council Members' Announcements and Repo1ts.
• Council Member Uppal
• Council Member Roth
• Mayor Pro-Tern Sa1ma
Mayor's Announcements and Repo1ts.
None.
Robert Wallis
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Boai·d - Robert Wallis, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Livingston Planning Commission- Jason Roth and Alternate Robert Wallis.
• Utility Stakeholders Committee - Japjeet Uppal and Robert Wallis.
Jason Roth
• Merced County Local Agency Fo1mation Commission (LAFCO) Jason Roth, Representative.
15 of 214
• Merced County Mosquito Abatement District Board of Directors - Gurpal Samra, Representative and Jason Roth, Alternate.
• City Council Liaison - Livingston Planning Commission - Jason Roth and Alternate Robert Wallis.
Japjeet Uppal
• Central Valley Division League of California Cities - Jose Moran, Representative and Japjeet Uppal, Alternate.
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board - Robert Wallis, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Parks, Recreation and Alts Commission - Jose Moran and Alternate Liaison Japjeet Uppal.
• Merced Integrated Regional Water Management Plan (MIRWMA) - Japjeet Uppal, Representative and Robert Wallis, Alternate Representative. • Utility Stakeholders Committee - Japjeet Uppal and Robert Wallis.
Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors - Gurpal Samra, Representative and Jason Roth, Alternate.
• Merced County Association of Governments (MCAG) Governing Board - Gurpal Samra, Representative and Jose Moran, Alternate.
Jose Moran
• Central Valley Division League of California Cities - Jose Moran, Representative and Japjeet Uppal, Alternate.
• Merced County Association of Governments (MCAG) Governing Board - Gurpal Samra, Representative and Jose Moran, Alternate.
• City Council Liaison - Parks, Recreation and Alts Commission - Jose Moran and Alternate Liaison Japjeet Uppal.
COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
• Bring an item regarding the 4th of July Event in September.
Council resumed closed session at 8:55 p.m.
CLOSED SESSION ANNOUNCEMENT
There was no repo1table action taken.
ADJOURNMENT
The meeting was aqjoumed by consensus at approximately 10:02 a.m.
Deputy City Clerk of the City of Livingston
16 of 214
APPROVED:
Mayor or Mayor Pro Tempore
The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting's proceedings. Digitally recorded verbatim minutes are available upon request and may be obtained at Livingston City Hall.
17 of 214
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
ELECTED OFFICIAL'S REPORT
Treasurer's Report June 2026
July 21 2026
Parwinder Singh Uppal - Elected City Treasurer
RECOMMENDATION:
Receive and File Treasurer's Report for the month ending June 30th, 2026.
BACKGROUND:
The Treasurer's Report is required to be presented to the governing body.
DISCUSSION:
Total Cash and City Investments including cash in the bank, and cash in the Local Agency Investment Fund are $42,761,245.79.
The attached Treasurer's report is a "snapshot" report of our cash position on the last day of the month in all our accounts per Bank Statements.
FISCAL IMPACT:
None.
ATTACHMENTS:
June 30, 2026, Treasurer's Report with signature
18 of 214
Total Cash & Investments Totals 42,761,245.79
Notes
1) There are currently no Investments, In an Institution, with a Maturity Date, and/or a Maturity Date of 12 Months or More. The City's Portfolio consists of Non Interest Bearing Items in F&M Bank, and funds deposited with the State Local Investment Agency (LAIF) 2) Percentage Yield Rate from the LAIF Website "PMIA Average Monthly Yield" Prepared By:
TREASURER'S REPORT
Bank Statement Period Ending
Report Date
Meeting Date
June 30, 2026
July 7, 2026
August 4, 2026
The following cash and investment information pertainsto the period ending per Bank Statements Average
Investment Monthly
Institution Acct# Type Yield %
State of California LAIF (Local Agency
Investment Fund) xx-xx-463 Pooled 3.810%
Parwinder Singh Uppal - City Treasurer
Balance
40,763,114.24
1,872,367.84
1,540.84
0.00 124,222.87
1,998,131.55
Non Interest Bearing Items
Farmers & Merchants Bank xxxxxx5801
Farmers & Merchants Bank xxxxxx6601
Farmers & Merchants Bank xxxxxx8201
Farmers & Merchants Bank xxxxxx3401
Subtotal F&M Bank
Operating Account
Payroll Account
Web Payments Account
Rec Desk Account
N/A
N/A
N/A
N/A
Subtotal
19 of 214
STAFF REPORT
AGENDA ITEM: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LIVINGSTON AMENDING THE COMPREHENSIVE PAY SCHEDULE
UPDATE THE SALARY RANGE FOR THE CLASSIFICATION OF
CHIEF OF POLICE, EFFECTIVE JULY 21, 2026
MEETING DATE: July 21, 2026
PREPARED BY: Arcelia Cruz, Human Resources Coordinator
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Staff recommends the City Council approve amending the Comprehensive Pay Schedule to update the salary range for the classification of Chief of Police, effective July 21, 2026.
BACKGROUND AND DISCUSSION:
The Chief of Police classification did not receive the four (4%) cost-of-living adjustment (COLA) effective July 1, 2024, nor the three (3%) COLA effective July 1, 2025, that was provided to other City classifications, resulting in salary compaction between the top step of the Police Lieutenant classification and the current top step for the Chief of Police classification.
Providing a seven (7%) salary adjustment to the Chief of Police classification will restore an appropriate salary separation between the top step Police Lieutenant classification to the proposed salary range for the Chief of Police classification. The revised salary range will also support the City’s recruitment and retention efforts by making the Chief of Police position more competitive in attracting qualified candidates.
Current salary range for the Chief of Police:
The proposed salary range for the Chief of Police position:
FISCAL IMPACT:
Authorize the Finance Department to make the necessary budget adjustments and supplemental appropriations within the Fiscal Year 2026/27 budget.
Hourly 64.53 67.16 71.15 74.71 78.44
Ch ief of Police IJ nrepresentedl 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 69.05 72.50 76.13 79.94 83.93
Chief of Police Unrepresented Monthly 11 ,968.90 12,567.35 13,195.71 13,855.50 14,548.28 Annually 143,626.83 150,808.17 158,348.58 166,266.01 174,579.31 20 of 214
ATTACHMENTS:
1. Resolution
2. Revised Comprehensive Pay Schedule adding new salary range for Chief of Police Position. Exhibit “A”
21 of 214
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING THE
COMPREHENSIVE PAY SCHEDULE UPDATE THE SALARY RANGE FOR THE CLASSIFICATION OF CHIEF OF POLICE, EFFECTIVE JULY 21, 2026 WHEREAS, the City Council of the City of Livingston desires to amend the Comprehensive Pay Schedule by revising the salary range for the Chief of Police classification, as set forth in Exhibit “A”, in order to improve the competitivities of the position; and, WHEREAS, the Chief of Police classification did not receive the four (4%) cost-of-living adjustment (COLA) effective July 1, 2024, nor the three (3%) COLA effective July 1, 2025, that was provided to other City classifications, resulting in salary compaction between the top step of the Police Lieutenant classification and the current top step for the Chief of Police classification; and
WHEREAS, providing a seven (7%) salary adjustment to the Chief of Police classification will restore an appropriate salary separation between the top step Police Lieutenant classification to the proposed salary range for the Chief of Police classification; and WHEREAS, the revised salary range will also support the City’s recruitment and retention efforts by making the Chief of Police position more competitive in attracting qualified candidates.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows:
Section 1. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. The City Council approves the amendment to the Comprehensive Pay Schedule by updating the monthly salary range for the Chief of Police classification $11,968.90 to $14,548.28, as reflected in Exhibit “A”.
Section 3. Authorize the Finance Department to make the necessary budget adjustments and supplemental appropriations within the Fiscal Year 2026/27 budget. .
Section 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 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:
ABSTAIN:
ABSENT:
___________________________
Jose Moran, Mayor
of the City of Livingston
22 of 214
ATTEST:
___________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
____________________________________
City Attorney or Assistant City Attorney
23 of 214
Exhib~A
Approved by Council on 6116/2026
CLASSIFICATION
Account Clert
Accountant I
Accountant II
Accounting Technician
Administrative Analyst
Administrative Analyst PW
Administrative Assistant
Assistant Planner
Assistant to the City ManagerlDeputy City Clerk
Building Official
Chief of Police
CityClert
City Council
City Manager
City Treasurer
Code Compliance Officer
Community Development Director
Communications/Records Manager
Community Setvice Officer
CuslOdian I
Custodian II
Director of Public Worts
Executive Assistant 10 the City Manager
Finance Director/Assistant City Manager
Human Resources Coordinator
lead Maintenance Wotker
lead Parks/landscape Weder
Maintenance Mechanic
COMPREHENSIVE PAY SCHEDULE
Effective: July 1, 2026
e~ ... inina Gro.-, Type A B C D E
H~"tv 18.25 19.16 20.12 21 .13 22.18
Cleric.al Monthlv 3,163.34 3,32·1.50 3,487.58 3,661 .96 3,845.06 Annually 37,960.06 39,858.06 41 ,850.96 43,943.51 46.140.69 H~"tv 3 1.16 32.7 1 34.35 36.07 37.87
Mgmt.lConfide-ntial Monthlv 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 1a.1n.1g H~"tv 36.06 37.87 38.76 4 1.75 43.84
Mgmt.lConfide-ntial Monthlv 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 sa.838.89 9 1.180.84 H~•~ 2 1.69 22.n 23.9 1 25.11 26.36
Cleric.al Monthlv 3,759.05 3,947.00 4,144.35 4,351 .57 4,569.14 Annually 45.108.56 47.363.99 49,732.18 52.2 18.79 54,829.73 H~,,1v 25.n 27.06 28.4 1 29.83 31.33
Cleric.al Monthlv 4,467.24 4,690.60 4,925. 13 5,1 71.39 5,429.96 Annually 53,606.87 56.287.22 59,10 1.58 62,056.65 65.159.49 Houdy 25.n 27.06 28.4 1 29.83 31.33
Cleric.al Monthlv 4,467.24 4,690.60 4,925.13 5,171.39 5,429.96 Annually 53,606.87 56.287.22 59,10 1.58 62,056.65 65.159.49 H°""" 22.23 23.34 24.51 25.73 21.02
Cleric.al Monthly 3.853.17 4,045.82 4,248.12 4,460.52 4,683.55 Annually 46.237.99 48,549.89 50.9n.39 53,526.26 56.202.57 H~•~ 24.05 25.25 26.52 27.84 29.23
Unrepresented Monthlv 4,168.75 4.3n.19 4,596.05 4,825.85 5,067.14 Annually 50,025.00 52,526.25 55,152.56 57,9 10.19 60,805.70 H~•~ 46.89 49.24 5 1.70 54.28 57.00
Mgmt.lConfide-ntial Monthlv 8.127.9 1 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 H~•~ 20.56 2-1.59 22.67 23.81 25.00
Unrepresented Monthlv 3,564.48 3,742.70 3,929.84 4,1 26.33 4,332.65 Annually 42773.76 44,912.45 47.158.07 49,5 15.97 51.991.77 H~•~ 69.05 72.50 76.13 79.94 83.93
Unrepresented Monthlv 11.968.90 12.567.35 13.195.71 13,855.50 14.548.28 Annually 143,:::- 150,808.17 158,348.56 166,266.01 174,579.31 Houdy
Elected Monthlv
Annually
H~,,1v
Elected Monthly 300.00
Annually
H~,,1v 72.30 76.10 80.11 84.32 88.76
Unrepresented Monthly 12531.18 1 13,190.7 1 I 13,884.96 I 14,6 15.75 15,385.00 ■ Annually 150,374.14 58.288.57 166.619.55 175,389.00 184,620.
H~,,tv
Elected Monthlv 60.00
Annual!~
H~,,1v 25.9 1 21.20 28.56 29.99 31.49
LPOA Monthlv 4,490.47 4,714.99 4,950.74 5,198.28 5,458.19 Annual!~ 53,885.64 56,579.93 59,408.92 62,379.37 65,498.34 H~,,1v 57.8 1 60.70 63.73 66.92 70.26
Mgmt.lConfide-ntial Monthlv 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 Houdy 28.68 30.12 3 1.62 33.20 34.sa
Mgmt.lConfide-ntial Monthlv 4,97 1.57 5.220.15 5,48 1.15 5,755.21 6,042.97 Annually 59,658.8 1 62.641.75 65,773.84 69,062.53 72.515.66 H°""" 19.57 20.55 2 1.58 22.66 23.79
Unrepresented 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 47,1 32.75 49.489.39 H°""" 17.93 18.83 19.77 20.16 2·1.79
AFSCME/Public Wortts Monthlv 3,107.74 3.263.12 3,426.28 3,597.59 3.1n.41 Annually 37.292.84 39.157.48 41.115.36 43,171 .13 45.329.68 Houdy 20.25 2-1.26 22.33 23.44 24.6 1
AFSCME/Public Wortts Monthly 3,510.05 3,685.55 3,8a9.83 4,063.32 4.266.48 AMuallv 42120.56 44.226.59 46.437.92 48,759.81 51 ,197.80 Houdy 56.00 58.80 6 1.74 64.83 68.07
Unrepresented 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 14 1,588.49 H~,,1v 29.78 31.27 32.84 34.48 36.20
Mgmt.lConfide-ntial Monthly 5,162.57 5.420.70 5,691.74 5,976.32 6.275.14 Annually 61,950.86 65.048.4 1 68,300.83 7 1,7 15.87 75.301.66 H~,,tv 63.35 66.52 69.85 73.34 n .0 1
Unrepresented Monthlv 10,981.20 11.530.26 12,106.77 12,7 12.11 13,347.7 1 AMuallv 131 ,774.35 138,363.07 145,281.22 152,545.28 160,ln.55 H~,,1v 35.24 37.00 38.85 40.79 42.83
Mgmt.lConfide-ntial Monthlv 6,107.80 6,413.19 6,733.85 7,070.54 7.424.07 AMuallv 73.293.57 76,958.25 80.806.16 84,846.47 88,088.80 H~,,1v 27.92 29.32 30.79 32.33 33.94
AFSCME/Public Wortts Monthlv 4.840.11 5,082.11 5,336.22 5,603.03 5,883.18 Annually 58.08 1.30 60,985.36 64,034.63 67.236.36 70,598.18 Houdy 27.92 29.32 30.79 32.33 33.94
AFSCME/Public Wortts Monthlv 4.840.11 5,082.11 5,336.22 5,603.03 5,883.18 Annually 58.08 1.30 60,985.36 64,034.63 67.236.36 70,598.18 H°""" 26.63 27.96 29.36 30.83 32.37
AFSCME/Public Wortts Monthly 4.616.4 1 4,847.24 5,089.60 5,344.08 5.611.28 F
23.29 4,037.31
48,447.72
27.68 4,797.60
57,57 1.22
32.89 5,701.46
68,4 17.46
32.89 5,701.46
68,4 17.46
28.37 4,917.72
59,0 1270
24 of 214
Annuallv 55,396.08 58.166.83 61,075. 17 64,1 28.93 67.335.37 H~"tv 2 1.33 22.40 23.52 24.70 25.83
Maintenance Wotker I AFSCME/Public Wortts Monthlv 3,697.71 3,882.60 4,076.73 4,280.57 4,494.59 Annuallv 44,372.56 46,591.19 48,920.75 5 1,366.78 53,935.12 Houdy 24.70 25.93 27.23 28.59 30.02
Maintenance Wotker II AFSCME/Public Wortts Monthly 4.281.29 4,495.36 4,720. 13 4,956.13 5.200.84 Annually 51,375.54 53,944.3 1 56,641.53 59,473.60 62.447.28 Houdy 16.90 17.75 18.63 19.56 20.54 21.57
Office Assistant I Cleric.al Monthlv 2.929.34 3,075.8 1 3.229.60 3,391.08 3,560.63 3,738.86 Annually 35,152.08 36.909.68 38,755. 17 40.692.93 42.727.57 44.863.95 H~"tv 64. 13 67.34 70.71 74.24 n .95
Police Lieutenant Supervisory 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 H~"tv 39. 18 41.14 43.20 45.36 47.63
Police Commander Supervisory Monthly 6,791.75 7. 131.34 7,487.9 1 7.862.30 8.255.42 Annually 81,501.03 85.576.08 89.854.89 94,347.63 99.065.0 1 H~"tv 36. 13 37.94 39.84 4 1.83 43.92
Police Corporal LPOA Monthlv 6.263.38 6.576.55 6.905.38 7.250.65 7.613.18 Annuallv 75.160.59 78,918.62 82.8&4.55 87,007.77 9 1,358.16 H~"tv 37.96 39.86 4 1.85 43.95 46.14
Police Corporal w/Degree LPOA Monthlv 6.580.22 6.909.23 7.254.69 7,6 17.43 7.998.30 Annuallv 78,962.65 82.910.78 87,056.32 9 1,409.13 95,979.59 H~"tv 2 1.05 22.10 23.2 1 24.37 25.58
Police Dispatcher LPOA Monthlv 3.648.30 3.830.72 4,022.25 4.223.36 4,434.53 Annually 43.779.6 1 45.968.59 48,267.02 50.680.37 53.214.39 Houdy 18.80 19.74 20.73 2 1.77 22.86
Police Office Assistant II LPOA Monthlv 3.259.24 3,422.20 3.593.3 1 3.n2.98 3,961.63 Annually 39.110.90 4 1.066.45 43,119.77 45.275.76 47.539.55 H°""" 28.3 1 29.73 3 1.2 1 32.78 34.4 1
Police Officer LPOA Monthly 4,907.50 5. 152.88 5,4 10.52 5,681.05 5.965.10 Annually 58.890.00 6 1.834.50 64.926.23 68,1 72.54 71,581.1 7 H°""" 29.74 31.23 32.79 34.43 36.15
Police OfficerwiOegree LPOA Monthlv 5.155.6 1 5.413.39 5.684.06 5.968.27 6.266.68 Annually 61,867.35 64.960.72 68.208.76 7 1,6 19.19 75.200.15 H~•~ 18.62 19.55 20.53 2 1.56 22.64
Police Public Assistant LPOA Monthlv 3.227.79 3,389.18 3.558.64 3.736.57 3.923.40 Annually 38.733.49 40,670.17 42,703.67 44,838.86 47.080.80 H~•~ 17. 16 18.02 18.92 19.86 20.86
Police Records Assistant LPOA Monthlv 2,974.40 3,123.12 3.278.28 3,443.24 3,615.40 Annually 35,692.80 37.477.44 39,351.3 1 4 1,3 18.88 43,384.82 H~•~ 47.83 50.22 52.73 55.37 58.14
Police Sergeant Supervisory Monthlv 8.290.86 8,705.40 9,140.67 9,597.70 10,077.59 Annually 99,490.30 104,464.8 1 109,688.05 115, 172.45 120,931.08 H~•"" 50.25 52.76 55.40 58.17 61.08
Police Sergeant wiOegree Supervisory Monthlv 8,709.9 1 9. 145.40 9,602.67 10,082.81 10,586.95 Annually 104,518.89 109.744.83 115,232.08 120.893.68 127.043.36 H~•= 54.87 57.6 1 60.49 63.51 66.69
Police Support Operations Manager Mgmt.lConfide-ntial Monthly 9,510. 10 9.985.6 1 10,484.89 11,009.14 11,559.59 Annually 114.12 1.26 119.827.32 125,8 18.69 132,109.62 138,715.10 H~•"" 2 1.05 22.10 23.2 1 24.37 25.58
Pub6c Services Officer LPOA Monthly 3.648.30 3.830.72 4,022.25 4.223.36 4.434.53 Annually 43,779.6 1 45.968.59 48,267.02 50.680.37 53.214.39 H~•"" 27.08 29.38 30.85 32.39 34.0 1
Pub6c Worts Lead AFSCME/Public Wortts Monthly 4.850.3 1 5.092.83 5,347.47 5,6 14.84 5.895.58 Annual/~ 58.200.72 6 1,113.9 1 64,169.60 67.378.08 70,746.99 H~•"" 3 1.16 32.72 34.36 36.07 37.88
Pub6c Worts Street Supervisor Mgmt.lConfide-ntial Monthlv 5,40 1.29 5,671 .35 5.954.92 6.252.67 6.565.30 Annual/~ 64,815.48 68.056.25 71,459.06 75,032.02 78,783.62 H~•"" 4 1.55 43.63 45.8 1 48.10 50.50
Pub6c Worts Superintendent Mgmt.lConfide-ntial Monthlv 7.201.77 7.561.86 7.839.95 8.336.95 8,753.80 Annually 86,42 1.25 90,742.32 95,279.43 100,043.40 105.045.57 H~•"" 32.62 34.25 35.97 37.76 39.65
Pub6c Worts Supervisor Water Division Mgmt.lConfide-ntial Monthlv 5,654.48 5.937.20 6.234.06 6,545.76 6.873.06 Annually 67.853.70 71.246.39 74,808.71 78,549.14 82.476.60 Houdy 16.90 17.75 18.63 19.56 20.54 21.57
Recreation Cootdinator Cleric.al Monthlv 2,929.34 3,075.8 1 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 H°""" 18.24 19.16 20. 11 2 1.12 22.17 23.28
Recreation Specialist Cleric.al Monthly 3,162. 19 3.320.30 3,486.3 1 3.660.63 3.643.66 4,035.85 Annually 37.846.28 39.843.60 41,835.78 43,927.57 46. 123.94 48,430.14 H~•~ 26.87 28.2 1 29.63 3 1.11 32.66
Recreation Superintendent Mgmt.lConfide-ntial Monthlv 4,657.68 4,890.56 5,135.09 5.391.64 5,661.44 Annually 55,892. 14 58,686.74 61,621.08 64,702.13 67.937.24 H~•~ 2 1.16 22.22 23.33 24.50 25.72 27.01
Senior Account Clertc: Cleric.al Monthlv 3,668.37 3,851.79 4.1)44.38 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 H~•~ 49.85 52.34 54.96 57.71 60.59
Senior Accountant Mgmt.lConfide-ntial Monthlv 8,640.62 9.072.65 9,526.28 10,002.59 10,502.72 Annually 103,687.40 108,871 .77 114,3 15.36 120,031.13 126,032.69 H~•~ 28.45 29.88 3 1.37 32.84 34.59 36.32
Senior Administrative Analyst Cleric.al Monthlv 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 68,5 14.25 71.939.96 75.536.96 Houdy 30.0 1 31.5 1 33.09 34.74 36.48 38.30
Senior Administrative Analyst/Comm. Develop. Cleric.al Monthlv 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 72.26 .2◄ 75.874.3 1 79.668.02 H~•"" 16.90 17.75 18.63 19.56 20.54 21.57
Senior Office Assistant Cleric.al Monthly 2,929.34 3,075.8 1 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 H~•"" 38. 14 40 ◄ 42.05 44.15 ◄6 36
25 of 214
Senior Planner Mgmt.lConfide-ntial 6,610.55 6,941.08
79,326.62 83.292.95
22.95 24.10
Street Swe-eper Operator AFSCME/Public Works 3,978.63 4.1n .se
47.743.54 50.130.72
24.12 25.33
Utility Worter I AFSCME/Public Works 4,18 1.18 4,390.24
50.174.12 52,682.83
26.63 27.96
Utility Worter II AFSCME/Public Works 4,616.4 1 4,847.24 55,396.86 58,166.83
32.38 34.00
Water/Wastewater Operator I AFSCME/Public Works 5,612.28 5,882.68 67,347.33 70,714.70
36.71 38.55
Water/Wastewater Operator II AFSCME/Public Works Monthly 6,363.39 6.681.56 76,360.73 80.178.n
4 1.11 43.16
Water/Wastewater Operator Ill AFSCME/Public Works 7,125.36 7.481.63 85,504.35 89.n9.56
45.6 1
Water/Wastewater Manager
Water/Wastewater Operator OIT (in training)
FIRE SERVICES COMPREHENSIVE PAY SCHEDULE
CLASSIFICATION Bargaining Gro~ Type A
H~·""
Fire Captain TBD Monthlv
Annually
Houdy
Fire Engineer TBD Monthlv
Annually
H~•""
Fire Lieutenant TBD Monthly
Annually
Resident Firefighter TBD Daly
• Degree includes: AA, BA, Intermediate or Advanced Post Certificates. No compot.lldilg for multiple degrees or certificates as stated in the MOU's.
Classification of Office Assistant I, Office Assistant II, Administrative Assistant, Recreation Speciaist, 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 rooltiple departments as determined by tile City Manager.
Positions are filled on a ful -time or part-time basis as deterrrined by the City Manager.
PART-TIME COMPREHENSIVE PAY SCHEDULE
34.20 5,928.83
71.146.00
28.19 4,885.67
58,628.00
3 1.04
5,380.67
64,568.00
400.00
CLASSIFICATION STEP
Administrative Ans:ifvott
Administrative Assistant
Buildina Mailtenance Worter
Code Comp;iance Officer
Grants Analyst
Lifeguard
Maintenance Soecialist
Maintenance Worker I
Office Assistant I
Office Assistant II
Police Disoatcher
Police Records Assistant
Recreation Leader
Recreation Specialist
Reserve Police Officer
Sr. Adnwlistrative Analvst
"fllllt-TimeClnslllcadonsStttieH'nmumWacc lncrcasearceff«k ll1n02S ~ AMslc.lJ/COufdOfl tmn0'2S0AddldATOlr~ Elllc:Ulfw~
CltfCln
t 3020'2S•Addln8" " 111)SEMJIOAQ.mllludonl •~ V4'2025
3 1820'2S<Adi:lldl'bla~O,,..U:.M.tn..-rNm!MdAdi!llnlstr..,,..Sltwlolf. -
41202S•~ Slllfy~torN!lkWorbSUpwlnlilndMt
MdldM.:&teri- • SPICllillst Pllt>TI1Ma.s.slkdon •~ bf8Mdudon0fl7115'202S tt • 2C2S,Appr.,,._.COdt~ ONrc• PTPosflon
t2220'2S •~---~Mlnlmumw.tft~t/L/2026
A B C
19.38 20.35 21.37
16.72 17.55 18.43
16.90 17.75 18.63
25.91 2720 28.56
26.00 27.30 28.67
16.90 17.90 18.80
19.10 20.06 21.06
16.90 17.75 18.63
16.90 17.75 18.63
16.90 17.75 18.63
17.05 17.90 18.79
16.90 17.75 18.63
16.90 17.75 18.63
16.90 17.75 18.63
25.75 27.04 28.39
21.40 22.47 23.60
B
37.7 1
6,536.54
78,438.47
31.08 5,386.45
64,637.37
34.22 5.932.19
71.186.22
D
22.44 19.35
19.56 29.99
30.10 19.73
22.11 19.56
19.56 19.56
19.73 19.56
19.56 19.56
29.81 24.78
7,288.13 7,652.54 8,035.17
87,457.60 9 1,830.48 96.422.00
25.31 26.57 27.90
4,386.44 4,605.76 4,836.05
52,637.26 55.269.12 58,032.58
26.59 27.92 29.32
4,609.75 4,84-0.24 5,082.25
55,3 16.97 58,082.82 60,986.96
29.36 30.83 32.37
5,089.60 5,344.08 5,611.28
61,075.17 64,1 28.93 67.335.37
35.70 37.48 38.36
6,187.54 6,496.91 6,82·1.76
74,250.43 77,962.95 8 1,861.10
40.47 42.50 44.62
7,0 15.64 7,366.42 7.734.75
84,187.71 88,397.09 92.816.95
45.32 47.59 49.97
7,855.71 8.248.50 8,660.92
94,268.54 98,98 1.97 103,931.07
47.89 50.29 52.80
C D E F
4 1.58 45.84 50.53
7,206.53 7,945.20 8,759.00
86,478.4 1 95,342.44 105.108.00
34.26 37.77 41.58
5,938.56 6,547.26 7.207.83
71,262.70 78,567.13 86.494.00
37.73 4 1.60 45.8 1
6,540.23 7.2 10.61 7.941.1 7
78,482.8 1 86,527.30 95.294.00
420.00
E
23.56 20.32
20.54 31.49
31.60 20.72
23.22 20.54
20.54 20.54
20.72 20.54
20.54 20.54
31.30 26.02
26 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 - Pending Approval 7% Chief of Police
27 of 214
STAFF REPORT
AGENDA ITEM: Resolution Accepting the Low Bid and Awarding a Contract to Hensley’s Paving and General Engineering, Inc. for the Total Bid Amount of $206,368.00 for the Main Street Rehabilitation – D Street to I Street Project, Authorizing a Contingency for Contract Change Orders up to 10% of the Contract Amount, and Authorizing the City Manager to execute the Agreement
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- , accepting the low bid and awarding a contract to Hensley’s Paving and General Engineering, Inc. for the total bid amount of $206,368.00 for the Main Street Rehabilitation – D Street to I Street Project, authorizing a contingency for contract change orders up to 10% of the contract amount, and authorizing the City Manager to execute the Agreement.
BACKGROUND:
The City of Livingston has determined the need for rehabilitating the section of Main Street between D Street to I Street. Main Street is one of the most heavily traveled corridors in the City and these improvements will extend the life of the pavement another 20 years. This pavement rehabilitation will compliment a separate project by Self Help Enterprises that will improve the sidewalks, curb ramps and bike lane striping within this corridor.
The major work consists of planning (grinding) and repaving approximately 89,499 square feet of pavement using approximately 1,175 tons of asphalt concrete, applying pavement striping and markings, and other miscellaneous work on Main Street.
DISCUSSION:
Pursuant to public bidding requirements, the project was advertised in the Merced Sun Star on June 10, June 17, and June 24, 2026. The City received a total of five (5) bids that were opened and read aloud at 2:00 p.m. on July 1, 2026, at the City of Livingston City Hall, this being the advertised bid opening date and time. The bids were reviewed by the City Engineer, and the lowest responsive and responsible bid was submitted by Hensley’s Paving and General Engineering, Inc. The bid results are as listed:
Contractor Bid Amount
Hensley’s Paving and General Engineering, Inc. $ 206,368.00 Consolidated Engineering, Inc. $ 241,877.70
Avison Construction, Inc. $ 286,123.50
28 of 214
Machado and Sons Construction, Inc. $ 319,213.30
Juarez Brothers General Engineering, Inc. $ 328,270.97
Engineer’s Estimate $ 379,248.90
Staff recommends that a Contract be awarded to Hensley’s Paving and General Engineering, Inc. in the amount of two hundred six thousand three hundred sixty-eight dollars and zero cents ($206,368.00). Staff also recommend that the City Council authorize $20,637.00 for this project as 10% contingency. The contract amount plus the 10% contingency totals $227,005.00.
FISCAL IMPACT:
The funding for this project was encumbered during the Fiscal Year 2026/2027 and expended through the Measure V 80% Local Projects Account (1221-105-7530) and the Road Maintenance and Rehabilitation Account (1223-105-7530), each funding 50% of the total costs.
ATTACHMENTS:
1. Resolution No. 2026-
2. Abstract of Bids
3. Agreement
4. Contractor Bid Packages
29 of 214
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ACCEPTING THE LOW BID AND AWARDING A CONTRACT TO HENSLEY’S PAVING AND GENERAL ENGINEERING, INC. FOR THE TOTAL BID AMOUNT OF $206,368.00 FOR THE MAIN STREET REHABILITATION – D STREET TO I STREET PROJECT, AUTHORIZING A CONTINGENCY FOR CONTRACT CHANGE ORDERS UP TO 10% OF THE CONTRACT
AMOUNT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the City Council of the City of Livingston directed Staff to prepare the necessary documents to solicit bids for the construction of Main Street Rehabilitation – D Street to I Street Project; and
WHEREAS, the project will consist of planning (grinding) and repaving approximately 89,499 square feet of pavement using approximately 1,175 tons of asphalt concrete, applying pavement striping and markings, and other miscellaneous work on Main Street; and WHEREAS, the notice to bidders was advertised in the Merced Sun Star on June 10, June 17, and June 24, 2026; and
WHEREAS, a total of five (5) bids were received and read aloud at 2:00 p.m. on July 1, 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
Hensley’s Paving and General Engineering, Inc. $ 206,368.00 Consolidated Engineering, Inc. $ 241,877.70
Avison Construction, Inc. $ 286,123.50
Machado and Sons Construction, Inc. $ 319,213.30
Juarez Brothers General Engineering, Inc. $ 328,270.97
WHEREAS, the Engineer’s Estimate was $379,248.90; and
WHEREAS, the bids have been reviewed by the City Engineer, and Hensley’s Paving and General Engineering, Inc. submitted the lowest responsive and responsible bid; and WHEREAS, it is in the best interest of the City of Livingston to award the Main Street Rehabilitation contract to Hensley’s Paving and General Engineer, Inc., as it is the lowest responsive and responsible bid; and
WHEREAS, funding for this project was encumbered in fiscal year 2026/2027 in the Measure V 80% Local Projects Account (1221-105-7530) and the Road Maintenance and Rehabilitation Account (1223-105-7530) - each funding 50% of the total costs, for the recommended contract amount and 10% construction contingency; and
WHEREAS, the City Council of the City of Livingston accepts the bid from Hensley’s Paving and General Engineering, Inc. and now desires to enter into an agreement to construct the Project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby:
1. Finds that the above recitals are true and correct and incorporated by reference. 30 of 214
2. Adopts Resolution 2026- to award a contract to Hensley’s Paving and General Engineering, Inc. for two hundred six thousand three hundred sixty-eight dollars and zero cents ($206,368.00) to be expended from the approved Fiscal Year 26/27 budget in the Measure V 80% Local Projects Account (1221-105-7530) and the Road Maintenance and Rehabilitation Account (1223-105-7530) - each funding 50% of the total costs.
3. Authorizes the City Manager to utilize a contingency for contract change orders up to 10% of the contract amount in the amount not to exceed $20,637.00 from the approved Fiscal Year 26/27 budget in the Measure V 80% Local Projects Account (1221-105- 7530) and the Road Maintenance and Rehabilitation Account (1223-105-7530) - each funding 50% of the total costs.
4. Authorizes City Manager to execute the Agreement for construction of the Main Street Rehabilitation – D Street to I Street Project.
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 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 the City of Livingston
31 of 214
ABSTRACT OF BIDS FOR THE CITY OF LIVINGSTON
Main Street Rehabilitation - D Street to I Street
Bid Opening: July 1, 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 1 1 LS 15,000.00 15,000.00 4,044.10 4,044.10 14,000.00 14,000.00 15,000.00 15,000.00 11,675.94 * 11,675.94 15,000.00 15,000.00 2 1 LS 20,000.00 20,000.00 10,158.39 10,158.39 17,000.00 17,000.00 16,000.00 16,000.00 19,350.00 19,350.00 20,000.00 20,000.00 3 449 LF 9.00 4,041.00 6.13 2,752.37 2.00 898.00 10.00 4,490.00 14.60 6,555.40 20.82 * 9,348.18 4 89,499 SF 1.10 98,448.90 0.22 19,689.78 0.30 26,849.70 0.50 44,749.50 0.54 48,329.46 1.27 * 113,663.73 5 1,175 TN 150.00 176,250.00 125.01 146,886.75 118.00 138,650.00 145.00 170,375.00 148.20 174,135.00 126.96 * 149,178.00 6 5 EA 1,800.00 9,000.00 1,376.92 6,884.60 2,100.00 10,500.00 1,200.00 6,000.00 2,988.00 14,940.00 1,069.20 5,346.00 7 2 EA 2,000.00 4,000.00 1,473.21 2,946.42 2,100.00 4,200.00 2,000.00 4,000.00 3,140.00 6,280.00 2,473.00 4,946.00 8 3 EA 1,800.00 5,400.00 1,376.92 4,130.76 2,100.00 6,300.00 1,500.00 4,500.00 2,555.40 * 7,666.20 973.33 * 2,919.99 9 1,654 LF 8.00 13,232.00 1.97 3,258.38 4.50 7,443.00 3.00 4,962.00 6.45 10,668.30 1.75 * 2,894.50 10 1,783 SF 19.00 33,877.00 3.15 5,616.45 9.00 16,047.00 9.00 16,047.00 11.00 19,613.00 2.79 * 4,974.57 $379,248.90 $206,368.00 $241,887.70 $286,123.50 * $319,213.30 $328,270.97 * Corrected Totals * Corrected Totals
None Listed Pavement Recycling Centerline Striping Farwest Safety Inc. Safety Network Chrisp Company Pavement Recycling Systems Inc. Fineline Striping Chrisp Company
MobilizationTraffic ControlAsphalt Concrete Egde PlaningAsphalt Concrete Planing at 2-Inches DepthAdjust Valve Box to Grade
BID TOTAL
Madera, CA 93636
Engineers Estimate
Turlock, CA 95380
1000 S. Kilroy Road
Machado and Sons
Construction, Inc.
Juarez Brothers General
Engineering, Inc.
PO Box 449 17244 El Dorado Drive
Hensley's Paving and
General Engineering, Inc.
Furnish and Place Asphalt Concrete
Valley Springs, CA 95252 Madera, CA 93636
Item Description
Quantity
and Unit
Hickman, CA 95323
Consolidated Engineering,
Inc. Avison Construction, Inc.
PO Box 701 40434 Brickyard Drive
Adjust Manhole Cover to GradeAdjust Monument Cover to GradeApply Double 4 Inch Thermoplastic StripingApply Thermoplastic Markings Subcontractors Listed:
32 of 214
645.33
Project Name/No.: Main Street Rehabilitation-D Street to I Street Contract No.: 645.33-2026 Project Manager: José A. Ramírez
01424.0001/923138.1 1
PUBLIC WORKS AGREEMENT
BETWEEN CITY OF LIVINGSTON AND
_____________________
THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this ____ day of ________, 2026 by and between the CITY OF LIVINGSTON, a municipal corporation, (“City”) and HENSLEY’S PAVING AND GENERAL ENGINEERING, INC. (“Contractor”). City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”
RECITALS
A. The City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.
B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. Pursuant to the authority of the City of Livingston Municipal Code and California state law, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES
1.1 Scope of Work.
The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the Bid Documents for the project entitled MAIN STREET REHABILITATION – D STREET TO I STREET (“Project”). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. As used herein, “Bid Documents” refers to all of the documents included in the solicitation of bids for the Project to the extent applicable or appropriate (it being understood that one or more of such documents may not be applicable in the event a competitive bidding process is not utilized due to existence of emergency or exigent circumstances), including but not limited to, the Notice Inviting Bids, Summary of Work, Instructions to Bidders, Bid or Bid 33 of 214
-2- 01424.0001/923138.1
Proposal, General Provisions, Special Provisions, Plans, Drawings, and Addenda, and any other documents included, referenced, or incorporated therein. The Bid Documents are incorporated into this Agreement. In the event of any conflict between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.
1.2 Incorporation of Greenbook.
The provisions 2018 Edition of the Standard Specifications for Public Works Construction, as updated by errata, (“Greenbook”) are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Registration with DIR. Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. (c) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on with the City at 1416 C Street, Livingston, CA 95334 and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer. (d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified 34 of 214
-3- 01424.0001/923138.1
in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a 35 of 214
-4- 01424.0001/923138.1
periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.4 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed; (ii) has carefully considered how the services should be performed; and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
1.6 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site, materially different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by 36 of 214
-5- 01424.0001/923138.1
contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
1.7 Unidentified Utilities.
To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.
1.8 Trench Excavation.
Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000.00 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed therefor.
1.9 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work. 37 of 214
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1.10 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
1.11 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Project Manager to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Project Manager prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000.00, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the 38 of 214
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Work or to the interest of the City, may be approved by the Project Manager. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor’s Bid. If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Project Manager. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.12 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements,” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern. 39 of 214
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid, attached hereto as Exhibit A and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation of TWO HUNDRED SIX THOUSAND THREE HUNDRED SIXTY-EIGHT DOLLARS AND ZERO CENTS ($206,368.00) for completion of the work.
2.2 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement.
All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.
2.3 Payment.
City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.4 Retention.
Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107 of the Public Contract Code. 40 of 214
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In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.
2.5 Substitution of Securities.
(a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Schedule of Performance.
Contractor shall begin work within fifteen (15) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within TWENTY (20) consecutive working days from the date on which the work was started and in accordance with any schedule contained in or required to be provided by the Bid Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply.
3.2 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of EIGHT HUNDRED Dollars ($800.00) as liquidated damages for each calendar day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities. 41 of 214
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3.3 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. If City finds that Contractor’s work does not meet the requirements and standards provided in the Bid Document, Contractor shall remedy any defects in the work at Contractor’s sole expense following notice by the City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:
Daniel Dooley President
(Name) (Title)
Rebecca Hensley Secretary
(Name) (Title)
(Name) (Title)
The Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any 42 of 214
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of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
4.3 Project Manager.
The Project Manager shall be José A. Ramírez or any other person as may be designated by the Project Manager. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City General Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
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ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000.00 per occurrence, $4,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident. (c) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(d) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area. (e) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000.00 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. 44 of 214
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Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer.
5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) Proof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against 45 of 214
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City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change 46 of 214
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results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
(r) Endorsements.
5.3 Indemnification.
Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers (each, an “Indemnitee”) from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability 47 of 214
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involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.
5.5 Performance, Labor, and Warranty Bonds.
Concurrently with execution of this Agreement, Contractor shall deliver to the City the following bonds:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.
(b) A labor and materials bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1. (c) A warranty bond, guaranteeing the Contractor’s warranty under Section 1.9 of this Agreement, in an amount not less than 20% of the total compensation for this Agreement, as stated in Section 2.1.
All bonds shall be on a form approved by the City Clerk. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds required in Section 5.5 may be changed accordingly upon receipt of written notice from the City.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements 48 of 214
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charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.
In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
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6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Merced, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in the County of Merced, State of California.
7.2 Termination.
This Agreement may be terminated in accordance with Section 6-7 and 6-8 of the 2018 Edition of the Standard Specifications for Public Works Construction (the Greenbook). 50 of 214
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7.3 Dispute Resolution Process.
Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.
The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
For purposes of these procedures, “claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. 51 of 214
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(i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. 52 of 214
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(iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute and adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.
A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) Civil Actions for Claims of $375,000.00 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000.00 or less:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.
If the parties fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.
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(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies Are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Unfair Business Practices Claims.
Pursuant to Public Contract Code section 7103.5, in entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties. 54 of 214
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ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City. 55 of 214
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Provisions Required By Law.
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction.
9.2 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Livingston 1416 C Street, Livingston, CA 95334 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.3 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.4 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.5 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.6 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or 56 of 214
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decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.7 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
9.8 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
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CITY:
CITY OF LIVINGSTON, a California
Municipal Corporation.
__________________________________
José A. Ramírez, City Manager
CONTRACTOR:
HENSLEY’S PAVING AND GENERAL
ENGINEERING, INC.
License Number: 828289
DIR Number: 1000000913
By:
Name: Daniel Dooley
Title: President
ATTEST:
Monica Cisneros, Deputy City Clerk
By:
Name: Rebecca Hensley
Title: Secretary
Address: PO Box 449
Hickman, CA 95323
APPROVED AS TO FORM:
BURKE, WILLIAMS & SORENSEN, LLP
Marc Tran, City Attorney for the
City of Livingston
*Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY. 58 of 214
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EXHIBIT A
CONTRACTOR’S BID
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EXHIBIT B
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
If the Parties wish to revise provisions in the Agreement above (from page 1 through the signature page), then the revisions shall be presented in this Exhibit B, with deletions shown in strike through and additions shown in bold and italics.
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ECEfVE
~' 012026
er--, /:so / 'OF LlVINGSTJ1 1 ,-
HENSLEY'S PAVING & GENERAL
ENGINEERJNG, INC.
CONTRACTORS LIC# 828289 1 DIR# 1000000913
BID FOR:
MAIN STREET REHABILITATION - D
STREET TO I STREET
City of Livingston - Dept. of Public Works
1416 C Street, Livingston, CA 95334
Bid Date: July 1, 2026
Bid Opening Time: 2:00 P.M.
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ADDENDUM NO. 01
Project:
Date of Addendum: June 26, 2026
Main Street Rehabilitation - D Street to I Street
Owner: City of Livingston
Bid Date: July 1, 2026 at 2:00 p.m.
To:
From:
Prospective Bidders
Gouveia Engineering
456 Sixth Street
Gustine, CA 95322
I. This Addendum fonns a part of the Bidding Documents and will be incorporated into the Contract Documents, as applicable. All other cond itions of the Contract Documents remain unchanged. The following changes, additions, or deletions as set forth herein shall apply to the Contract Documents and shall be made a part thereof and shall be subject to all the requirements thereof as though originally shown and/or specified.
2. The Contract Documents are hereby modified to effect the following changes:
a. Replace page 9 in the Sample Agreement with the attached page 9. Section 3.2 Liquidated Damages was changed from "working day" to "calendar day".
3. Bids shall be submitted in accordance with this Addendum. All Bidders MUST acknowledge receipt of this Addendum by signing and returning this Addendum with your Bid. Failure to include this Addendum No. 01 with your bid shall result in your bid being rej ected as non-responsive.
Gouveia Engineering
By: Mario B. Gouveia, PE
Date:
645.33
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In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.
2.5 Substitution of Securities.
(a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor's direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor's completion of its obligations hereunder, as evidenced by the City's acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Schedule of Performance.
Contractor shall begin work within fifteen (15) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within TWENTY (20) consecutive working days from the date on which the work was started and in accordance with any schedule contained in or required to be provided by the Bid Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply.
3.2 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of EIGHT HUNDRED Dollars ($800.00) as liquidated damages for each worlciBg day calendar day of delay in the performance of any service required hereunder. The City may withhold any accrued I iquidated damages from any monies payable on account of services performed by the Contractor.
To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities. -9-
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DO NOT STAPLE
NAME OF BIDDER
PROPOSAL TO THE CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
Hensley's Paving and General Engineering, Inc.
----------------------
BUSINESS P.O. BOX P.O. Box 449 ----------------------
CITY STATE ZIP Hickman, CA 95323 ' I
( Please include even if P. 0 . Box used)
BUSINESS STREET ADDRESS 13101 Yosemite Blvd . ------------------ CITY, STATE, ZIP Waterford, CA 95386 TELEPHONE NO.: AREA CODE ( 209 ) _8_74_-9_7_1_0 __________ _ FAX NO.: AREA CODE ( 209 ) ..;;... 87"-4'--'-2"-"3-'-9""-5 __________ _ CONTRACTOR LICENSE NO.: 828289
- ----------------- Department of Industrial Relations (DIR) Registration No.: _1_00_0_0_00_9_1_3 _ ____ _ The work for which this proposal is submitted is for construction in accordance with the special provisions (including the payment of not less than the State general prevailing wage rates), the project plans described below, including any addenda thereto, the contract annexed hereto, and also in accordance with the Current California Department of Transportation Standard Plans, Standard Specifications, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.
The special provisions and plans for the work to be done are dated MAY, 2026 and are entitled:
645.33
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
CONTRACT DOCUMENTS
FOR CONSTRUCTION OF
MAIN STREET REHAB/LITA TION -
D STREET TO I STREET
BID 1 of 13
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Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.
The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item.
In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount of the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the CITY of LIVINGSTONs Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise, if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.
Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.
The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the CITY of LIVINGSTON, and that discretion will be exercised in the manner deemed by the CITY of LIVINGSTON to best protect the public interest in the prompt and economical completion of the work. The decision of the CITY of LIVINGSTON respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.
If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the 2 bonds in the sums required by the State Contract Act, with surety satisfactory to the CITY of LIVINGSTON, within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the CITY of LIVINGSTON that the contract has been awarded, the CITY of LIVINGSTON may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this proposal shall operate and the same shall be the property of the CITY of LIVINGSTON.
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal 645.33
BID 2-13
65 of 214
is accepted, that he will contract with the CITY of LIVINGSTON, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefore the following prices, to wit:
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
BID SCHEDULE
MAIN STREET REHABILITATION -
D STREET TO I STREET
ITEM ESTIMATED UNIT ITEM
NO. BID ITEM DESCRIPTION QUANTITY PRICE TOTAL
1 Mobilization 1 LS $ 4 ,044.10 $4,044.10
*(Item 1 not to exceed $15,000.00) *(See Note)
2 Traffic Control Plan 1 LS $ 10,158.39 $10,158.39
**(Item 2 not to exceed $20,000.00) .. (See Note)
3 Asphalt Concrete Edge Planing 449 LF $ 6.13 $2,752.37 4 Asphalt Concrete Planing at 2-lnches
Depth 89,499 SF $ 0.22 $ 19,689.78
5 Furnish and Place Asphalt Concrete 1,175 TN $ 125.01 $ 146,886.75 6 Adjust Valve Box to Grade 5 EA $1,376.92 $ 6,884.60
7 Adjust Manhole Cover to Grade 2 EA $ 1,473.21 $2,946.42 8 Adjust Monument Cover to Grade 3 EA $1,376.92 $4,130.76 9 Apply Double 4 Inch Thermoplastic
Striping 1,654 LF $ 1.97 $3,258.38
10 Apply Thermoplastic Markings 1,783 SF $ 3.15 $ 5,616.45 TOTAL BID $ 206,368.00
NOTE: "TOTAL BID" is only on the last page of the Bid Schedule List 645.33
BID 3-13
66 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: https://www.dir.ca.gov/Public-Works/ContractorRegistration. htm I In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms.
Percent Dept. of
Bid Item Description of Work to be Performed of Total Subcontractor's Industrial Subcontractor's Name and Address No. Contract License No. Relations (DIR) Registration No.
NA
645.33
BID 4-13
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STATEMENT OF QUALIFICATIONS
Experience
Bidder shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
1 2 3
City of Waterford Great Valley Academy Las Palmas Elementary Project Title G Street Improvements Parking Lot
City of Waterford Great Valley Academy Patterson Joint Unified Public Agency School District
101 E St. 3200 Tully Rd. 624 West Las Palmas Av
Address Waterford, CA 95386 Modesto, CA 95350 Patterson, CA 209) 239-6229
Telephone No.
{209) 576-2283 (209) 523-8323
Niklaus Stephens Leah Silvestre Franklin David Starck
Engineer in Charge
$643,579.50 $919,166.32 $314,913.00
Project Value ($)
07/24/2025 02/06/2025 06/20/2025
Date Accepted
N N N
Claims Filed?
If yes explain
below:
645.33
BID 5-13
68 of 214
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder Hensley's Paving and General Engineering, Inc. proposed subcontractor(s) (list Subcontractor(s) above)
hereby certifies that he
Ql has
D has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 645.33
BID 6-13
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PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder D has
f;zJ has not
been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealabte finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
645.33
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
BID 7-13
70 of 214
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes
bZI No
If the answer is yes, explain the circumstances in the following space.
CONTRACTOR'S CERTIFICATION REGARDING WORKERS'
COMPENSATION INSURANCE
State of California
County of Stanislaus
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commending the performance of the work of this Contract.
Hensley's Paving and General Engineering, Inc.
(Name of Contractor)
By: Daniel Dooley, President
~~;_;;2
(Authorized Signature of Contractor)
Date: 7/1/2026
645.33
BID 8-13
71 of 214
645.33
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF LIVINGSTON, DEPARTMENT OF PUBLIC WORKS
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication. or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not. directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
BID 9-13
72 of 214
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions to an additional sheet of paper and include with the bid.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
NPDES/MS4 Compliance Certification
All construction projects within the City limits must comply with the National Pollutant Discharge Elimination System (NPDES) storm water regulation adopted by the EPA, and as applicable, and the Phase II Small Municipal Separate Storm Sewer System (MS4) General Permit requirements, regardless of size.
The City is required under these permits to provide information to Contractors performing work within City limits about training opportunities to assist in managing potential pollutants from construction -related activities, selection, installation, implementation, and maintenance of Best Management Practices (BMPs), as well as overall program compliance.
The Bidder acknowledges that they are aware of the necessity to be in compliance with the NPDES and MS4 permits while working within City limits.
Note: Providing false information may result in criminal prosecution or administrative sanctions. 645.33
The above certifications are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of these Certifications.
BID 10-13
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Accompanying this proposal is _B_id_d_e_r_'s_B_o_n_d _________________ _ (NOTICE: INSERT THE WORDS "CASH ($ 1 Oo/o ), • "CASHIER'S CHECK," "CERTIFIED CHECK,• OR "BIDDER'S BOND,• AS THE CASE MAY BE.) in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE
If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, end manager thereof,· if a coparlnership, state true name offirm, also names of all individual coparlners composing firm; if bidder or other interested person is an individual, state first and last names in full.
Hensley's Paving and General Engineering, Inc., a California Corporation Daniel Dooley, President Karen Nelson, CFOrrreasurer
Rebecca Hensley, Secretary
Licensed in conformance with an act providing for the registration of Contractors, License No. 828289 Classification(s) _A _ _________ _
Department of Industrial Relations (DIR) Registration No. _10_0_0_0_0_0_9_1_3 _____ ___ _ By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code).
Date: 7/1/202 6
, Sm ~2
I~ ; r-ere Daniel Dooley, President
-----
Authorized Signature and Title of Bidder
Business Address 13101 Yosemite Blvd., Waterford, CA 95386 Place of Business Waterford, CA
Place of Residence Ceres, CA ----------------------
645.33
BID 11-13
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BID BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
BIDDER (Name and Address)
Hensley's Paving and General Engineering Inc
PO Box 49
Hickman, CA 95323
OWNER (Name and Address):
City of Livingston
1416 C Street
Livingston, CA 95334
BID
Bid Due Date: July 1, 2026
Description: (Project Name and
SURETY (Name, and Address of Principal Place
of Business):
U.S. Specialty Insurance Company
801 S Figueroa St Ste 700
Los Angeles, CA 90017
Location) Main Street Rehabilitation- D Street to I Street Livingston, CA - On I Street from D Street to BOND
Bond
I Street
Number: N/A
Date: June 18, 2026
Penal $
Sum: Ten Percent of Amount Bid 10% of amount bid
(Vvords) (Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.
BIDDER
Hensley's Paving and General Engineering_ Inc
(:::;eat)
Bidder's Name and co:_::;te Seal
By: <?j9=< ~ Signature
JA,,ljz:>06
Print Nam~
P,i'.J/164-
Title
SURETY
U.S. Specialty Insurance Co~~-:n,y (Seal)
surety's Name and oq~orate Seal
By:
Marc Q O'Neil
Print Name
Attorney-in-Fact
Title
Attest: ~ 4c::J (2_~
Sinature
Note: Addresses are to be used for giving any required notice.
Provide execution by any additional parties, such as joint venturers, if necessary. 645.33
BID 12-13
75 of 214
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.
3. This obligation shall be null and void if:
3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or
3.2 All Bids are rejected by Owner, or
3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.
5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent.
6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.
7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.
11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. 645.33
BID 13-13
76 of 214
TOKIO MARI NE
HCC
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIAL TY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint:
Anna Stewart; Kimber lee Walker, Andrea Robles, Sara Neville, Jeffrey J. Quinn, Marc Q. O'Neil, Nancy Q. O'Neil, Alma G. Sablan. Carol F. McFarland or Nelson M. Aldrich of Turlock. California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other Instruments or contracts of suretyshlp to Include riders, amendments, and consents of surety, providing the bond penalty does not exceed ~-•Fifteen Million·--~ Dollars ( ... $151 000.000.oo· .... ).
This Power of Attorney shall expire without further action on January 31'1 2028. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attorney-In-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It Is attached.
AMERICAN CONTRACTORS INDEMNITY COMPANY, TEXAS
BONDING COMPANY, UNITED STATES SURETY COMPANY,
U.S. SPEC AL TY INSURANCE COMPANY
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accurac or validi of that document.
State of California
County of Los Angeles
On this 1st day of February 2024, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WlTNESS myha~lseal.,
Signature ~ Ji (seal)
I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect.
A'ant Secretary
HCCSMANPOA0212024
77 of 214
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Stanislaus
On ] u t1 e / 8 fh, ~ O ~ 6 before me, Alma Sablan, Notary Public (insert name and title of the officer)
personally appeared _ M_a_rc_Q_. _O_'N_ei_l ____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _ ~----'------~~ - ___ A ........ Jlvn ____ _ (Seal) £:UU:llllllllllllllllllflllllllllllllllllllllllllllllllllllllllllU:1111111111111111111£1 ~ tt<-'.-"'~· ALMA G. SABLAN ~ ;:; • ~ COMM. ;J24<13602 ~ ~ • t~·e:.,;0 NOTARY PUSUC • CAUFORNIA ~ ~ -;,[? . .,y-' STANrSlAUS COUN1Y E ~ ~<t;;;· r.t1• Comm. E.~p. /'.r.r. OG. 2027 s !l1:;:umin:a11111111111111111111111n1111111:1:mu111:1~1111111m111111111111111i-;; 78 of 214
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
~~.:)880008000I~-
A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate ls attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of~\(}S\\~, D
On \o k~2;)r;:&\Q
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the in:;trument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. •••••••• REBECCA l. HfNSlEY l
Notary Public - Callfornl:
Stanislaus County i
Commission # 2540097 -
y Comm. Expires Nov 28, 2029
Place Notary Seo/ and/or Stomp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Document Date: _____________________ Numberof Pages: ___ _ Signer(s) Other Than Named Above: __________________ _____ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ___________ _
□ Corporate Officer - Title(s): ______ _
□ Partner - D Limited D General
□ Individual
D Trustee
o Attorney in Fact
o Guardian or Conservator
D Other: ______________ _
Signer is Representing: ________ _
Signer's Name: ___________ _
o Corporate Officer - Title(s): _ _____ _
o Partner - □ Limited □ General
D Individual □ Attorney in Fact
o Trustee □ Guardian or Conservator
D Other:
~·
Signer is Representing: _________ _
©2019 National Notary Association
79 of 214
l,;UN I KACI UK::>
STATE LICENSE BOARD
ACTIVE LICENSE
lk, ........ .,828289 e .. ,, CORP
eu:ln,,:Nom, HENSLEY'S PAVING Al\1O GEf\JERAL
ENGINEERING INC
e,,.,uonoot, '12/31/2027 www cslb.ca.gov
Any change of business address/name must be reported to the Reglsltar within 90 day~ This license Is not transrerrable. and shall be returned to the Registrar upon demand when suspended. revoked, or invalidated for any reason.
This pocket card is valid through the expiration date only.
If found. drop in any mailbox
Postage guaranteed by
Contractors State License 8oarcl
P 0 . Box 26000. Sacramento CA 95826
80 of 214
HENSLEY'S PAVING & GENERAL ENGINEERING, INC.
P.O. BOX 449
HICKMAN, CA 95323
CONTRACTORS LIC # 8282891 DIR# I 000000913
CORPORATE RESOLUTION
Office: (209) 874-971 O
Fax: (209) 874-2395
HENSLEY'S PAVING & GENERAL ENGINEERING, INC.
May 26, 2026
Officers Authorized to Contract
To authorize the officers to contract and obligate the corporation, in the ordina1y course of business, the following resolution was, upon motion duly made, seconded, and carried, adopted:
RESOLVED: That the following officers or either of them acting alone is, and the same hereby are, authorized to sign contracts, bind the corporation, submit proposals and bids, and otherwise enter into obligations for and on behalf of the corporation:
President - Daniel Dooley
Treasurer/CFO - Karen Nelson
Secretary - Rebecca Hensley
I, Rebecca Hensley, Secretary of the Board of Directors of Hensley's Paving & General Engineering, Inc., do hereby declare and attest that the above resolution of Hensley's Paving & General Engineering, Inc., is true and correct and was passed unanimously by the Board of Directors of Hensley's Paving & General Engineering, Inc. at its meeting on May 1, 2026.
Hensley·s Pnving & General Engineering, Inc.
A Califomia Coll)oration
Corporate Address:
13101 Yosemite Boulevnrd
Waterford, California, 95386
DIR II 1000000913 - Expires: 6/30/2028
Mailing Aduress:
PO Box 449
Hickman. Ca 95323
81 of 214
Foun W=9
(Rev. March 2024)
Dopar1menl of tho T roa$u,Y
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Go to www.lrs.gov/FormW9 for Instructions and the latest information.
Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below.
G ive form to t he
request er . Do not
send to the IRS.
1 Name of entity/individual. An entry Is required. (For a sole proprietor or disregarded entity, enter the owner's name on line 1, and enter the business/disregarded entity's name on line 2.)
HENSLEY'S PAVING AND GENERAL ENGINEERING, INC.
2 Business name/disregarded entity name, if different from above.
C?
G) 3a Check tho appropriate box for federal tax classification of tho enlitynndividual whose na111e is enle1 ed on fine 1. Checl1 4 Exemptions (codes apply only to .,
0) only 0110 of tho following scvsn boxos. certain entities, not individuals; a. D Individual/sole proprietor 0 C corporation 0 S corporation D Pallncrshlp 0 Trust/estate see instructions on p~e 3): C 0 • II) D LLC. Enter the tax classification (C : C corporation, S ,. S corporation, P : Partnership) Exempt payee code (If any) G) C: a. .Q Note: Chee!< the "LLC" box above Md, in lhe enloy spaoe, enter the appropriate code (C, S, or P) for lhe tax ___ ~t
0 2 classification ol lhe LLC, unless ii is a disregarded entity. A disregarded enlily should inslead check lhe appropriale Exemption from Foreign Account Tax box for the lax classlflcatton of 11s owner. Compliance Act (FATCA} reporting ~t;; 0 Other (see instructions} code QI ony) 'C ,S a. <> :t: 3b If on line 3a you checked "Partnership" or "TrusVestate," or checked "LLC" and entered "P" as its tax classilication, (Applies to accounts maintained i and you are providing this form to a partnership, 1rus1, or estate In which you have an ownership interest, check ~ this box if you have any foreign par1ners. owners. or beneliciaries. See instructions □ outside the United Slates.) G)
G)
Cf)
5 Address (number. street. and apt. or suite no.). See Instructions. Requester's name and address (optional) P.O. BOX 449
6 City, state. and ZIP code
HICKMAN, CA 95323
7 List account number(s) here (optional}
:l:T •• Taxpayer Identification Number (TIN)
I Social security numb or I Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For Individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Instructions for Part I, later. For other entitles, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.
DIJ-[D-1 I I I I
or
Note: If the account is in more than one name, see the instructions for fine 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter. - 1111111 Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because (a) I am exempt from bacl<up Withholding, or (b) I have not been notllled by the Internal Revenue Service {IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding: and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax relum. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contribUtions to an individual retirement arrangement ORA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, late,.
Sign Signature of
Here U.S. person _...,,,. • .,...,, Oate
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. For the latest information about developments related to Form W-9 and its instructions, such as leglslatlon enacted after they were published, go to www.irs.gov/FormW9.
What's New
Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that Is a disregarded entity should check the appropriate box for the taK classification of its owner. Otherwise, It should check the "LLC" box and enter its appropriate tax classification. cat. No. 10231x
New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners. owners. or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reponing requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules l<-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Form W-9 (Rev. 3-2024)
82 of 214
Sealed Bid For
Main Stre~t Rehabilitation
D Street to t Street
City of Livin~ston
1416 C Street
Livingston Ca 9532~
Consolidated Engineel'ing lt'lc.
P.O. Box 701 Valley Springs Ca.95336
CONT LIC # 1013580
DIR # 1000529783
Bid date 7 /1 /26 2:00 PM
EtEIVED
JUL O 1 t02.6
\ t,J.\>,...,
CITY Of l\\qt\GSfON
83 of 214
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
BID BOOK
FOR
CONSTRUCTION OF
MAIN STREET REHABILITATION -
D STREET TO I STREET
Bid Opening Date: July 1, 2026 at 2:00 P.M. PDT
GOUVEIA ENGINEERING
456 Sixth Street, Gustine, California 95322
84 of 214
BID BOOK
TABLE OF CONTENTS
PROPOSAL TO CITY ..................................................................................................................................... 1-13 BID SCHEDULE .............................................................................................................................................. 3-13 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS ...................................................................... 4-13 STATEMENT OF QUALIFICATIONS ............................................................................................................. 5-13 EQUAL OPPORTUNITY CERTIFICATION ............... , .................................................................................... 6-13 PUBLIC CONTRACT CODE STATEMENTS ................................................................................................. 7-13 PUBLIC CONTRACT CODE QUESTIONNAIRE ............................................................................................ 8-13 CONTRACTOR'S CERTIFICATION REGARDING WORKER'S COMPENSATION INSURANCE ............... 8-13 NONCOLLUSION AFFIDAVIT ........................................................................................................................ 9-13 DEBARMENT AND SUSPENSION CERTIFICATION ................................................................................... 10-13 NPDES/MS4 COMPLIANCE CERTIFICATION .............................................................................................. 10-13 SIGNATURE PAGE ........................................................................................................................................ 11-13 BID BOND ....................................................................................................................................................... 12-13 - TABLE OF CONTENTS I - 85 of 214
DO NOT STAPLE
PROPOSAL TO THE CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
NAME OF BIDDER Consolidated Engineering Inc .
BUSINESS P.O. BOX 701 ----------------------
CITY STATE ZIP Valley Springs Ca. 95252
' ' ( Please include even if P. 0. Box used)
BUSINESS STREET ADDRESS 5860 Amos Lane ------------------ CITY, STATE, ZIP Valley Spri ngs Ca. 95252
TELEPHONE NO.: AREA CODE ( 2 O 9 ) __ 4 _____ 8-=2_- -'-- 0 l=-6"--4 __________ _ FAX NO.: AREA CODE ( ) N/A
CONTRACTOR LICENSE NO.: 1 013580 -------------------
Department of Industrial Relations (DIR) Registration No.: 100052 97 83 The work for which this proposal is submitted is for construction in accordance with the special provisions (including the payment of not less than the State general prevailing wage rates), the project plans described below, including any addenda thereto, the contract annexed hereto, and also in accordance with the Current California Department of Transportation Standard Plans, Standard Specifications, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.
The special provisions and plans for the work to be done are dated MAY, 2026 and are entitled:
645.33
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
CONTRACT DOCUMENTS
FOR CONSTRUCTION OF
MAIN STREET REHAB/LITA T/ON -
D STREET TO I STREET
BID 1 of 13
86 of 214
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.
The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item.
In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount of the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the CITY of LIVINGSTON's Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise, if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.
Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.
The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the CITY of LIVINGSTON, and that discretion will be exercised in the manner deemed by the CITY of LIVINGSTON to best protect the public interest in the prompt and economical completion of the work. The decision of the CITY of LIVINGSTON respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.
If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the 2 bonds in the sums required by the State Contract Act, with surety satisfactory to the CITY of LIVINGSTON, within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the CITY of LIVINGSTON that the contract has been awarded, the CITY of LIVINGSTON may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this proposal shall operate and the same shall be the property of the CITY of LIVINGSTON.
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal 645.33
BID 2-13
87 of 214
is accepted, that he will contract with the CITY of LIVINGSTON, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefore the following prices, to wit:
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
BID SCHEDULE
MAIN STREET REHABILITATION -
D STREET TO I STREET
ITEM ESTIMATED UNIT ITEM
NO. BID ITEM DESCRIPTION QUANTITY PRICE TOTAL
1 Mobilization 1 LS $ I y (""JCY°> - $ \"-\OCC)
*(Item 1 not to exceed $15,000.00) *(See Note)
2 Traffic Control Plan 1 LS $ 170{'10- $ l 7CJ<?J 6 -
0 (/tem 2 not to exceed $20,000.00) **(See Note)
3 Asphalt Concrete Edge Planing 449 LF $ -z. $ 5<'9 ~ - 4 Asphalt Concrete Planing at 2-lnches
Depth 89,499 SF $ . ·30 $ 7.l,,g4cy, 10
5 Furnish and Place Asphalt Concrete 1,175 TN $ 1 l ~- $ l ·3 '6 l£, s.-D - 6 Adjust Valve Box to Grade 5 EA $ -z.. t <::!:)0 $ \O S"OD - 7 Adjust Manhole Cover to Grade 2 EA $ -Z.l 00- $ Lt 2-0C> - 8 Adjust Monument Cover to Grade 3 EA $ "2.\00 $ &:, 300 9 Apply Double 4 Inch Thermoplastic
Striping 1,654 LF $ Y .,;;-o $ 74.'-13
10 Apply Thermoplastic Markings 1,783 SF $ cc $ \b647
TOTAL BID $ --Z.4l ~~7,70
NOTE: "TOTAL BID" is only on the last page of the Bid Schedule List 645.33
8ID3-13
88 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: https://www.dir.ca.gov/Public-Works/ContractorReg istration. htm I In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms.
Percent Dept. of
Bid Item Description of Work to be Performed of Total Subcontractor's Industrial Subcontractor's Name and Address No. Contract License No. Relations (DIR) Registration No.
3- 4 Aspha l t Grinding 4 .5Y 569352 1000003363 Pavement Recyc l ing 21 50 Bell Ave Sacramento
<1 - \ C. S~ .fJ.. ' II) ! ~ (,, ((, 57 "3 7 '-! "-00 l C:'C.'.Cc::J co 30~ CH'2.•SP (c,,'\J, (>A~ 'f l ~OS' tb:!·.:.\"'1.£..0.. St WCOOU\,,,__"..
645.33
)
89 of 214
BID 4-13
STATEMENT OF QUALIFICATIONS
Experience
Bidder shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
1 2 3
See attached She ~t
Project Title
Public Agency
Address
Telephone No.
Engineer in Charge
Project Value ($)
Date Accepted
Claims Filed? NO See attached sheet
If yes explain
below:
645.33
BID 5-13
90 of 214
925. 752.5366
CE/ Reference List: 01/06/25
Consolidated Engineering Inc.
P.O. Box 701
Valley Springs, CA 95252
5.1 Six (6) most recently completed public works projects within the last three (3) years:
1. 6.1- Project Name: city of Lathrop Mckinley Ave pavement rehabilitation project
6.2 - Location: Mckinley road Lathrop, Ca
6.3 - Owner: City of Lathrop
6.4- Owner Contact: Zachary Karver 209.207 .2651
6.5 - Architect or Engineer Name: City of Lathrop public works
6.6-Architect or Engineer Contact: A.A. 209.207.2651
6.7 - Project Manager (name and current phone number): Zachary Karver 209.207.2651
6.8 - Description of Project and Scope of Work Performed: remove existing roadway section 14" deep, import 5,500 tons of AB for new roadway section and HMA pave new roadway section 5,000 tons. Install approx. 10,000 LF of electrical conduit and pull boxes. New roadway striping
6.9 - Initial Contract Value (at time of bid award): $1,093,857.85
6.10- Final Cost of Construction (including change orders): $1,100,958.07
6.11 - Original Scheduled Completion Date: 10/25/24
6.12 -Time Extensions Granted (number of days): o
6.13 -Actual Date of Completion: 10/20/24
6.14- Number and Amount of Stop Notices or Mechanic's Liens Filed: n/a
6.15-Amount of Liquidated Damages Assessed Against Bidder: n/a
6.16- Nature and resolution of any claim, lawsuit, and/or arbitration between Bidder and the owner:
2. 6.1- Project Name: city of Los Banos rod rehabilitation 2024
6.2 - Location: Multiple streets city of Los Banos
6.3 - Owner: City of Los Banos
6.4 - Owner Contact: Charles Bergson 916.215.3196
6.5 -Architect or Engineer Name: Gouveia Engineering inc
6.6 - Architect or Engineer Contact: 209.854.3300
6.7 - Project Manager (name and current phone number): Anna Chavez 209.827.7056
6.8 - Description of Project and Scope of Work Performed: Mill and pave 5,000 tons of roadways within city limits of Los Banos, Ca new striping and adjust iron
6.9 - Initial Contract Value (at time of bid award): $971,707.91
6.10- Final Cost of Construction (including change orders): $1,150,605.91
6.11- Original Scheduled Completion Date: October 31st 2024
6.12 - Time Extensions Granted (number of days): n/a
6.13 - Actual Date of Completion: October 15th 2024
6.14 - Number and Amount of Stop Notices or Mechanic's Liens Filed: n/a
6.15 - Amount of Liquidated Damages Assessed Against Bidder: n/a 91 of 214
925.752.5366 Consolidated Engineering Inc.
P.O. Box 701
Valley Springs, CA 95252
6.16 - Nature and resolut ion of any claim, lawsuit, and/or arbitration between Bidder and the owner: n/a
3. 6.1- Project Name: City of Rocklin Whitney Park
6.2 - l ocation: Whitney park, rocklin, ca
6.3 - Owner: City of Rocklin
6.4- Owner Contact: Hunter Young
6.5 -Architect or Engineer Name: Kimley Horn
6.6 - Architect or Engineer Contact: 916.858.5800
6.7 - Project Manager (name and current phone number): Bryce Moore 916.833.9688
6.8 - Description of Project and Scope of Work Performed: demo existing facilities, construct brand new parking lot, underground utilities, gradin, base rock, HMA paving, street light s/electrical and landscaping
6.9- Init ial Contract Value (at time of bid award): $1,047,055
6.10 - Final Cost of Construction (including change orders): $1,140,240.03
6.11- Original Scheduled Completion Date: 09/25/24
6.12 - Time Extensions Granted (number of days): n/a
6.13 -Actual Date of Completion: 9/18/24
6.14- Number and Amount of Stop Notices or Mechanic's Liens Filed: n/a
6.15 - Amount of Liquidated Damages Assessed Against Bidder: n/a
6.16 - Nature and resolution of any claim, lawsuit, and/or arbitration between Bidder and the owner: n/a
4. 6.1- Project Name: Modesto Jr College west parking lot
6.2 - Location: 2201 blue gum Ave, Modesto, Ca
6.3 - Owner: Modesto junior College
6.4 - Owner Contact: Jennifer Desanto 209.575.6540
6.5 - Architect or Engineer Name: Teter architects
6.6 -Architect or Engineer Contact: 559.437 .0887
6.7 - Project Manager (name and current phone number): Jennifer Desanto 209.575.6540
6.8 - Description of Project and Scope of Work Performed: demolish existing parking lot, grade new parking lot, import approx. 7,000 tons of base rock, HMA pave lot 3,000 tons HMA. Install new street lights/electrical, concrete curbs and flatwork. Landscaping
6.9 - Initial Contract Value (at time of bid award): $1,564,600
6.10 - Final Cost of Construction (including change orders): $1,599,315
6.11 - Original Scheduled Completion Date: September 25, 2024
6.12 - Time Extensions Granted (number of days): n/a
6.13 - Actual Date of Completion: September 25, 2024
6.14- Number and Amount of Stop Notices or Mechanic's Liens Filed: n/a
6.15 -Amount of Liquidated Damages Assessed Against Bidder: n/a
6.16 - Nature and resolution of any claim, lawsuit, and/or arbitration between Bidder and the owner: n/a
92 of 214
925.752.5366 Cons~lidated Engineering Inc.
5. 6.1- Project Name: SIR Lassen Indian Health Center
6.2 - Location: Susanville, CA
P.O. Box 701
Valley Springs, CA 95252
6.3 - Owner: Susanville Indian Rancheria (SIR)/Lassen Indian Health Center
6.4-Owner Contact: Earl 4-Tribes (530) 250-5410
6.5 -Architect or Engineer Name: NST Engineering, Inc.
6.6-Architect or Engineer Contact: 1 (530) 257-5173
6.7 - Project Manager (name and current phone number): Earl 4-Tribes (530) 250-5410
6.8 - Description of Project and Scope of Work Performed: Trenching/Installation of Conduit/Bedding/Backfill, Grading, Base Rock, Paving
6.9 - Initial Contract Value (at time of bid award): $2,067,530.00
6.10- Final Cost of Construction (including change orders): $2,067,530.00
6.11- Original Scheduled Completion Date: n/a
6.12 - Time Extensions Granted (number of days): n/a
6.13 -Actual Date of Completion: In Progress
6.14- Number and Amount of Stop Notices or Mechanic's liens Filed: n/a
6.15 - Amount of liquidated Damages Assessed Against Bidder: n/a
6.16 - Nature and resolution of any claim, lawsuit, and/or arbitration between Bidder and the owner: n/a
6. 6.1- Project Name: city of Vallejo Georgia and Tuolumne Road rehabilitation
6.2 - Location: Georgia st and Tuolumne st Vallejo ca
6.3 - Owner: city of Vallejo
6.4- Owner Contact: Oscar Alcantar 707.648.4105
6.5 -Architect or Engineer Name: City of Vallejo Engineering
6.6 -Architect or Engineer Contact: Daniel Sequeira 707.648.4105
6.7 - Project Manager (name and current phone number): Oscar Alcantar 707.648.4105
6.8 - Description of Project and Scope of Work Performed: mill and overlay multiple streets in Vallejo ca, restripe roadways and adjust iron
6.9 - Initial Contract Value (at time of bid award): $568,762.00
6.10- Final Cost of Construction (including change orders): $1,099,947. The city of Vallejo asked CEI to add more roadways/ scope with city council approval
6.11-Original Scheduled Completion Date: 12/31/24
6.12 - Time Extensions Granted (number of days): n/a
6.13 -Actual Date of Completion: 12/31/24
6.14 - Number and Amount of Stop Notices or Mechanic's liens Filed: n/a
6.15 -Amount of liquidated Damages Assessed Against Bidder: n/a
6.16 - Nature and resolution of any claim, lawsuit, and/or arbitration between Bidder and the owner: n/a
5.2 Three (3) largest completed projects within the last three (3) years:
SEE ABOVE FOR 3 LARGEST PROJECTS COMPLETED IN LAST 3 YEARS. 93 of 214
925.752.5366 Consolidated Engineering Inc.
P.O. Box 701
Valley Springs, CA 95252
5.3 Any project which is similar to this Project including magnitude and character of the work:
SEE ABOVE FOR PROJECTS INCLUDING SIMILAR MAGNITUDE AND CHARACTER OF THE WORK. 94 of 214
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERT/FICA TIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder Conso lidated Engineering I nc. , proposed subcontractor(s) Pavement Recycling Inc.
{list Subcontractor(s) above)
hereby certifies that he
m has
D has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 645.33
BID 6-13
95 of 214
645.33
BID 6-13
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder________________________________________________________, proposed subcontractor(s) , (list Subcontractor(s) above)
hereby certifies that he
has
has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications.
Chrisp Company
96 of 214
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder D has
IB] has not
been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
645.33
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
BID 7-13
97 of 214
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes
~No
If the answer is yes, explain the circumstances in the following space.
CONTRACTOR'S CERTIFICATION REGARDING WORKERS'
COMPENSATION INSURANCE
State of California
County of Calaveras
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commending the performance of the work of this Contract.
Consol idated Eng i neering Inc .
(Name of Contractor)
By: Casey Cur tin President
2 ~ re ofContractor)
Date: 6/29/26
645.33
BID 8-13
98 of 214
645.33
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF LIVINGSTON, DEPARTMENT OF PUBLIC WORKS
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
BID 9-13
99 of 214
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions to an additional sheet of paper and include with the bid.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
NPDES/MS4 Compliance Certification
All construction projects within the City limits must comply with the National Pollutant Discharge Elimination System (NPDES) storm water regulation adopted by the EPA, and as applicable, and the Phase II Small Municipal Separate Storm Sewer System (MS4) General Permit requirements, regardless of size.
The City is required under these permits to provide information to Contractors performing work within City limits about training opportunities to assist in managing potential pollutants from construction - related activities, selection, installation, implementation, and maintenance of Best Management Practices (BMPs), as well as overall program compliance.
The Bidder acknowledges that they are aware of the necessity to be in compliance with the NPDES and MS4 permits while working within City limits.
Note: Providing false information may result in criminal prosecution or administrative sanctions. 645.33
The above certifications are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of these Certifications.
BID 10-13
100 of 214
Accompanying this proposal is _B_i_d_d_e_r_s_B_o_n_d _______________ _ (NOTICE: INSERT THE WORDS "CASH($ ___ ~,• "CASHIER'S CHECK," "CERTIFIED CHECK," OR "BIDDER'S BOND," AS THE CASE MAY BE.) in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE
If bidder or other interested person is a corporation, state legal name of corporation, 8/so names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full. •
Consolidated Engineering I nc.
Casey Curtin President
Licensed in conformance with an act providing for the registration of Contractors, License No. 101358 0 Classification(s) _A _____ _____ _ Department of Industrial Relations (DIR) Registration No. _1_0_0_0_5_2_9_7_8_3 _______ _ By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations {Chapter 5, Title 2 of the California Administrative Code). 645.33
Date: 6/29/26
Sian
~ • nere
---
Casey Curtin President
Authorized Signature and Title of Bidder
Business Address 58 60 Amos Lane Valley Springs Ca .
Place of Business Val ley Springs Ca .
Place of Residence Sutter Hill Ca.
BID 11-13
101 of 214
BID BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
BIDDER (Name and Address)
Consolidated Engineering, Inc.
5860 Amos Lane
SURETY (Name, and Address of Principal Place
of Business):
Valley Springs, CA 95252
OWNER (Name and Address):
City of Livingston
1416 C Street
Livingston, CA 95334
BID
Bid Due Date: July l, 2026
Description: (Project Name and
Old Republic Surety Company
P.O. Box 1635
Milwaukee, WI 53201
Location) Main Street Rehabilitation -D Street to I Stree.t BOND
Bond
Number: N/A
Date: June 26, 2026
Penal
Sum: Ten Percent of the Total Amount of Bid
(Words)
$
10% of Bid
(Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.
BIDDER SURETY
_Co_n_s_ol_id_at_ed_ E_ng ... i_ne_e_ri_ng,,,,_I_nc_._____ (Seal) Bidder's Nam~ ate Seal
Old Republic Sure1y Company (Seal)
By: By:
Surety's Name and Corporate Seal
c:?::z:::::=_ 1'Mw S'. Ynrov
7 Signature Signature (Attach Power of Attorney)
(~CvWv-. PrintNae
Nicole 5. Moon
Print Name
Attorney-In-Fact
Title
, , , , , 11 ' , , , , , Attest: SEE A TT ACHED ACKNOWLEDGMENT ,,,,' ~~<??_{/Y$,,'',, Signature
,:, '~.-~¢OR4f~·~'~ .. " ·o~ ~ :y .. ~ <:( [<-> s~~c. ~: E~ Title ::9.~ '2.0'\u --!~ ::
~t>.-~-<1 No~~jses are to be used for giving any required notice. ',, o'~•f lP.?o~fd~~cution by any additional parties, such as joint venturers, if necessary. ,,,, 0~ -1( ,,,' ,,,,.,,,,,, 645.33
8ID12-13
102 of 214
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.
3. This obligation shall be null and void if:
3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents ( or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or
3.2 All Bids are rejected by Owner, or
3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents ( or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.
5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent.
6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.
7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.
11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. 645.33
BID 13-13
103 of 214
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Sacramento
On June 26, 2026 before me, Tina S. Salas, Notary Public (insert name and title of the officer)
personally appeared _ N_i_c_o_le_S_._M_o_o_n ____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WIT~ d and official seal.
Sign ~ .t&k (Seal)
•
- - ,
0 •n'!; s!s a O ,
j ? Nc:itaty PubUc • Callfornla 1 , • Sacram,nto County f • , • • Commissron • 2'4098 IS - MV Comm. Expires Jul 4, 2026 104 of 214
•*** * * ! OLD REPUBLIC SURETY COMPANY
***** POWER OF ATTORNEY
KNOW All MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint:
David Weise, Nicole S. Moon, Catherine A. Pinney, Stephanie Agapoff, Jose Lemus of Rancho Cordova, CA its true and lawful Attorney(s}-in-Fact. with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-Insurance worl(ers compensation bonds guaranteeing payment of benefits, or black tung bonds), as follows:
ALL WRITTEN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact. pursuant to these presents. are ratified and confirmed.
This appointment is made under and by authority oflhe board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when sigMd by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attomey issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance. or other suretyship obligations of the company: and such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF. OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 15th day of August 2024 ~\l'l ' ' 'WJr,1 *~,,~ SV't1}'9,,;& ,ll• , --... >-c,\ ~ ~ eofllllPO•A"•\: O ~ i C • ~ : i S\ SEAL Jj l \~ 0 ,.,, / 'T,~ ~,1, ,__ :§ , .. ,,,,, * '!,,$-~
~"tl111n-'•'""
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
OLD REPUBLIC SURETY COMPANY
/4k
President
On this 15th day of August 2024 , personally came before me, Alan Pavljc and Karen J Haffner , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, end that said corporate seeil and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
My Commission Expires: September 28, 2026
CERTIFICATE (Expiration of notary's commission does not in,alidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been r~vokel:'; and furthermore, that the Resolutions of the board of directors set forth in the Power of 31 3225 Signiid and sea!ed at tt;e City of Brookfield. WI this _____ _ 26th June 2026 ORSC 22262 (3·06)
USI CA Insurance Services LLC
105 of 214
ADDENDUM NO. 01
Date of Addendum: June 26, 2026
Project: Main Street Rehabilitation - D Street to I Street Owner: City of Livingston
Bid Date: July 1, 2026 at 2:00 p.m.
Prospective Bidders
Gouveia Engineering
To:
From:
456 Sixth Street
Gustine, CA 95322
1. This Addendum fo1ms a part of the Bidding Documents and will be incorporated into the Contract Documents, as applicable. All other conditions of the Contract Documents remain unchanged. The following changes, additions, or deletions as set fotth herein shall apply to the Contract Documents and shall be made a part thereof and shall be subject to all the requirements thereof as though originally shown and/or specified.
2. The Contract Documents are hereby modified to effect the following changes:
a. Replace page 9 in the Sample Agreement with the attached page 9. Section 3.2 Liquidated Damages was changed from "working day" to "calendar day".
3. Bids shall be submitted in accordance with this Addendum. All Bidders MUST acknowledge receipt of this Addendum by signing and returning this Addendum with your Bid. Failure to include this Addendum No. 0 I with your bid shall result in your bid being rejected as non-responsive.
Gouveia Engineering Firm Name: Consol i d a ted Engi nee ring I n c.
By: Casey Curtin z~
Title: President
By: Mario B. Gouveia, PE
Date: 6 / 2 9 / 2 6 ---- - -----------
645.33
106 of 214
In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.
2.5 Substitution of Securities.
(a) In conformance with the State of California Public Contract Code , Part 5 , Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor's direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor's completion of its obligations hereunder, as evidenced by the City's acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten ( 10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Schedule of Performance.
Contractor shall begin work within fifteen (15) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within TWENTY (20) consecutive working days from the date on which the work was started and in accordance with any schedule contained in or required to be provided by the Bid Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time pe1iod, liquidated damages shall apply.
3.2 Liquidated Damages.
Since the determination of actual damages for any delay in pe1formance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of EIGHT HUNDRED Dollars ($800.00) as liquidated damages for each werking day calendar day of delay in the performance of any service required hereunder. The City may withhold any accmed liquidated damages from any monies payable on account of services performed by the Contractor.
To the extent required by Government Code section 4215, Contractor shat I not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities. -9-
01424.0001/923138. l
107 of 214
40434 Brickyard Drive CA lic.ense #823535
Madera, CA 93636 A-General Engineering
SS9.431.0317/559.431.0321F DIR #1000003258
BID PROPOSAL:
"DO NOT OPEN UNTIL BID TIME"
BID NAME: MAIN STREET REHABILITATION - D STREET TO I STREET BID DATE & TIME: W ednesday July 1, 2026@ 2:00 PM
City of Livingston
Office of the City Clerk
1416 C. Street
Livingston, CA 95334 t:~ tf VE
JUL O 12026
\ ... ~, pr.
CJ , 'Or:L,VJ,,JGSTON ----
108 of 214
BID BOOK
TABLE OF CONTENTS
PROPOSAL TO CITY ..................................................................................................................................... 1-13 BID SCHEDULE .............................................................................................................................................. 3-13 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS ...................................................................... 4-13 STATEMENT OF QUALIFICATIONS ............................................................................................................. 5-13 EQUAL OPPORTUNITY CERTIFICATION .................................................................................................... 6-13 PUBLIC CONTRACT CODE STATEMENTS ................................................................................................. 7-13 PUBLIC CONTRACT CODE QUESTIONNAIRE ............................................................................................ 8-13 CONTRACTOR'S CERTIFICATION REGARDING WORKER'S COMPENSATION INSURANCE ............... 8-13 NONCOLLUSION AFFIDAVIT ........................................................................................................................ 9-13 DEBARMENT AND SUSPENSION CERTIFICATION ................................................................................... 10-13 NPDES/MS4 COMPLIANCE CERTIFICATION .............................................................................................. 10-13 SIGNATURE PAGE ........................................................................................................................................ 11-13 BID BOND ....................................................................................................................................................... 12-13 - TABLE OF CONTENTS I - 109 of 214
DO NOT STAPLE
PROPOSAL TO THE CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
NAME OF BIDDER Avison Construction, Inc .
BUSINESS P.O. BOX ___________________ _
CITY, STATE, ZIP ___ _ _________________ _
(Please include even if P.O. Box used)
BUSINESS STREET ADDRESS 40434 Brickyard Drive - - - -~------------- CITY, STATE, ZIP Madera, CA 93636
TELEPHONE NO.: AREA CODE ( 559 ) _4"'"'3;;...; 1....;-0;;...;; 3;..;. 1..;... 7 _________ _ FAX NO.: AREA CODE ( 559 ) _4..;._;3;;...; 1....; -0;..;;; 3-=2..;... 1 _ ________ _ CONTRACTOR LICENSE NO.: 823535 -------------------
Department of Industrial Relations (DIR) Registration No.: 1000003258 The work for which this proposal is submitted is for construction in accordance with the special provisions (including the payment of not less than the State general prevailing wage rates), the project plans described below, including any addenda thereto, the contract annexed hereto, and also in accordance with the Current California Department of Transportation Standard Plans, Standard Specifications, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.
The special provisions and plans for the work to be done are dated MAY, 2026 and are entitled:
645.33
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
CONTRACT DOCUMENTS
FOR CONSTRUCTION OF
MAIN STREET REHAB/LITA TION -
D STREET TO I STREET
B1D1 of 13
110 of 214
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.
The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item.
In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount of the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
{b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the CITY of LIVINGSTON's Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise, if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.
Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.
The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the CITY of LIVINGSTON, and that discretion will be exercised in the manner deemed by the CITY of LIVINGSTON to best protect the public interest in the prompt and economical completion of the work. The decision of the CITY of LIVINGSTON respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.
If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the 2 bonds in the sums required by the State Contract Act, with surety satisfactory to the CITY of LIVINGSTON, within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the CITY of LIVINGSTON that the contract has been awarded, the CITY of LIVINGSTON may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this proposal shall operate and the same shall be the property of the CITY of LIVINGSTON.
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal 645.33
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BID 2-13
is accepted, that he will contract with the CITY of LIVINGSTON, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefore the following prices, to wit:
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
BID SCHEDULE
MAIN STREET REHABILITATION -
D STREET TO I STREET
ITEM ESTIMATED UNIT ITEM
NO. BID ITEM DESCRIPTION QUANTITY PRICE TOTAL
1 Mobilization 1 LS $ lC:-,ooo $
*(Item 1 not to exceed $15,000.00) i *(See Note)
2 Traffic Control Plan 1 LS $ \ ii ,(){}n $ ,~ ,-ow *"(Item 2 not to exceed $20,000.00) *"(See Note) 3 Asphalt Concrete Edge Planing 449 LF $ (0 - $ l{, yqo 4 Asphalt Concrete Planing at 2-lnches
Depth 89 50~ ~ '--l , ( <-{ Gf I :;,-0 ,499 SF $ $
5 Furnish and Place Asphalt Concrete 1,175 TN $ I~~- $ 170137::,-- 6 Adjust Valve Box to Grade 5 EA $ l ~DO $ (, I 000
7 Adjust Manhole Cover to Grade 2 EA $ ~ l(X)'.) $ ~, (J(){)- 8 Adjust Monument Cover to Grade 3 EA $ l/>00 $ 4, soo ~ 9 Apply Double 4 Inch Thermoplastic
Striping 1,654 LF $ 3- $ 4,G'12- ~
10 Apply Thermoplastic Markings 1,783 SF $ 9- $ I '7,0'fl , TOTAL BID $ a~"' /1◊ () ,!>
NOTE: "TOTAL BID" is only on the last page of the Bid Schedule List 645.33
BID 3-13
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INFORMATION REQUIRED OF BIDDER
List of Subcontractors
As of March 1,2015, Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/ContractorReg istration. htm I In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms.
Percent Dept. of
Bid Item Description of Work to be Performed of Total Subcontractor's Industrial Subcontractor's Name and Address No. Contract License No. Relations (DIR) Reoistratlon No. • ' 'i- \0 S +rq) ' ""1 l'/ 4~q:,(.(5 ( t,0000 l{O .30 C-tn+v1 t n t ~7 r,-µ_, "!'1 ~~"• Oi' "'\) or. eLJl- 6-rtJik, G
c:;~ ·2
645.33
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BID 4-13
STATEMENT OF QUALIFICATIONS
Experience
Bidder shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
1 2 3
Project Title
Safety Improvements at Various
Shaw Avenue WideninQ, Ph. 1 HWY 33 Beautification Sites Public Agency
City of Clovis Citv of FirebauQh City of Dinuba
Address
1033 Fifth Street 1133 P Street 405 E. El Monte Way
Clovis CA 93612 Firebauah CA 93622 Dinuba, CA 93618
Telephone No.
(559) 324-2313 (559) 659-2043 (559) 591 -5900
Engineer in Charge Michael Harrison Mario Gouveia Jason Watts (559) 324-2000 (209) 854-3300 {559) 244-3123
Project Value ($)
$12,687,240 $2,070,714 $1 ,953,247
Date Accepted
2/1/2025 8/1/2025 2/1 1/2025
Claims Filed?
If yes explain
below: - - -
645.33
BID 5-13
114 of 214
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERT/FICA TIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder Avison Construction, Inc.
(list Subcontractor(s) above)
hereby certifies that he
1K] has
D has not
, proposed subcontractor( s)
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 645.33
BID 6-13
115 of 214
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERT/FICA TIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder ~c\\DG ~~"'( , proposed subcontractor(s)
/list Subcontractor(s) above)
hereby certifies that he
~s
D has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: the above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 645.33
B106-13
116 of 214
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has
[2g has not
been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
645.33
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
BID 7-13
117 of 214
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes
liJ No
If the answer is yes, explain the circumstances in the following space.
CONTRACTOR'S CERTIFICATION REGARDING WORKERS'
COMPENSATION INSURANCE
State of California
County of __ M_a ..... d~e~ra~--- ---
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commending the performance of the work of this Contract.
Avison Construction, Inc .
By: _ _...., c = _2:;;/J_ (N_a_m==e z:; of--:C,... o""'"""'""'lo,;.-r-VJ ______ _ Curtis Short, President
(Authorized Signature of Contractor)
Date: 7/1/2026
645.33
BID 8-1 3
118 of 214
645.33
Noncollusion Affidavit
{Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF LIVINGSTON, DEPARTMENT OF PUBLIC WORKS
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit. or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
BID 9-13
119 of 214
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions to an additional sheet of paper and include with the bid.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
NPDES/MS4 Compliance Certification
All construction projects within the City limits must comply with the National Pollutant Discharge Elimination System (NPDES) storm water regulation adopted by the EPA, and as applicable, and the Phase II Small Municipal Separate Storm Sewer System (MS4) General Permit requirements, regardless of size.
The City is required under these permits to provide information to Contractors performing work within City limits about training opportunities to assist in managing potential pollutants from construction - related activities, selection, installation, implementation, and maintenance of Best Management Practices (BMPs), as well as overall program compliance.
The Bidder acknowledges that they are aware of the necessity to be in compliance with the NPDES and MS4 permits while working within City limits.
Note: Providing false information may result in criminal prosecution or administrative sanctions. 645.33
The above certifications are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of these Certifications. 120 of
BID
214
10-13
Accompanying this proposal is ----=B .... id=d=-e=r-=s_,B=-o=n"""'d"'--___________ _ (NOTICE: INSERT THE WORDS "CASH($ __ ~ ," "CASHIER'S CHECK,. "CERTIFIED CHECK,• OR "BIDDER'S BOND," AS THE CASE MAY BE.) in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE
If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, a/so names of all individual copartners composing firm; If bidder or other interested person is an individual, state first and last names in full.
Curtis Short President
Stephen Avila, Vice President
Christopher Avila, CFO/Secretary
Licensed in conformance with an act providing for the registration of Contractors, License No. 823535 -'--'-..;....;;..------- Classification(s) _A_,._C_3_1 _______ _ Department of Industrial Relations (DIR) Registration No. ----'1C...C0-"0--=-0--=-0--=-0--=-3=2--=-58=---------- By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). 645.33
Date:_ ----::7...:../1.a.:./=20=2=6"---------
Curtis Short, President
Authorized Signature and Title of Bidder
Business Address 40434 Brickyard Drive, Brickyard Drive. Madera. CA 93636 Place of Business 40434 Brickyard Drive, Brickyard Drive, Madera, CA 93636 Place of Residence ____ F ___ re ___ s ___ n___ o._C ....A __________________ _ 121 of
BID
214
11-13
BID BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
BIDDER (Name and Address)
Avison Construction, Inc.
40434 Brickyard Drive
Madera, CA 93636
OWNER (Name and Address):
City ofLivingston
1416 C. Street
Livingston, CA 95334
BID
Bid Due Date: July I, 2026
Description: (Project Name and
SURETY (Name, and Address of Principal Place
of Business):
Travelers Casualty and Surety Company of America
One Tower Square
Hartford, CT 06183
Location) Main Street Rehabilitation - D Street to I Street Livingston, CA 95334
BOND
Bond
Number: N/ A
Date: June 26, 2026
Penal $
Sum: ten percent of amount bid** 10% of amount bid***
(Words) (Figures)
Surety and Bidder, Intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.
BIDDER SURETY
Curtis Short
Print Nam&
President
Title T?I
Altest,~ fJ!l ,,;z;;;;/¾
1 nature
Roberta Voss - Bond Specialist
Title
Note: Addresses are to be used for giving any required notice.
Provide execution by any additional parties, such as joint venturers, if necessary. 645.33
BID 12-13
122 of 214
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.
3. This obligation shall be null and void if:
3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to In writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or
3.2 All Bids are rejected by Owner, or
3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.
5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent.
6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.
7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mall, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.
11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. 645.33
BID 13-13
123 of 214
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Fresno
on __ Ju_n_e_2_6_,_20_2_6 _____ beforeme, Roberta Voss Notary Public (insert name and title of the officer)
personallyappeared ___ Ju_s_ti_n_s_m_i_t ____________________ _, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shefthey executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, •
WITNESS my hand and official seal.
Signature~~ (Seal)
~ • ,. • • • • mf.lvots
•
COllllf254574' J ¾ NOTARY PUBUC-CALIFORNIA f j FRESNO COUNTY a a !~;.~:;1:,~ !
124 of 214
.... TRAVELERSJ
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casually and Surety Company of America. Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint JUSTIN SMIT of FRESNO , California . their lrue and lawful Attorney(s)-ln-Fact lo sign, execute. seal and acknowledge any and all bonds, recognizances, condilionat undertakings end other writings obligatory ln the nature thereof on behalf of the Companies ln their business of· guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranleelng bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the companies have caused this Instrument to be signed, and their corporate seals to be hereto amxed, this 21st day of Aprll, 2021.
State or Connecticut
City of Hartford ss.
On this the 21st d\lY of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies. and that he, as such, being authorized so to do, executed the foregoing Instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2026
AnnaP. Nowik, Notary Public
This Power of Attorney Is granted under and by Iha authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now In full force and effect, reading as follows; RESOLVED, that the Chairman, the President, any Vice Chairman, any ExecuUve Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer. the Corporate Secretary or any Assistant Secretary may appoint Attornoys-in-Faot and Agents lo act for and o.n behalf of ihe Company and may give such appointee such authority as his or her certificate of authority may presaibe to sign wllh the Company"s name and seal wilh lhe Company's seal bonds, recognizances, conlracts of Indemnity, and other wrlllngs obligatory In the nature of a bond, recognizance, or oondlllonal undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power gi~en him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part or the foregoing authority to one or more officers or employees of this Company, provided that each such delegation Is In writing and a copy thereof Is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory In the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secrelary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant lo the power prescribed In his or her ce·rtmcate or their certificates of authority or by one or more Company officers pursuant to a written delegallon of authority; and It Is • FURTHER RESOLVED, that the signature or each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Asslslanl Secretary, and the seal of the Company may be affixed by facsimile lo any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or AUomeys-inF act for purposes only Qf executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any.such power so executed and cettifled by such facsimile signature and facsimile seel shall be valld and binding on the Company In lhe future with respect to any bond or understanding to which It Is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing Is a true and correct copy of the Power of P.,ttorney executed by said Companies. which remains In full force and effect.
Dated this 26th day of June . 2026 .
I Kevin E. Hughes*5(int Secretary
To verify the authentidty of this Power of Attorney, please call us at 1 ·BO0-421-388O.
Please refer to the above-named Attorney{s]-in-Foct and the details of t he bond to which this Power of Attorney is attached. 125 of 214
ADDENDUM NO. 01
Project:
Date of Addendum: June 26, 2026
Main Street Rehabilitation - D Street to I Street
Owner: City of Livingston
Bid Date: July 1, 2026 at 2:00 p.m.
Prospective Bidders
Gouveia Engineering
To:
From:
456 Sixth Street
Gustine, CA 95322
1. This Addendum forms a part of the Bidding Documents and will be incorporated into the Contract Documents, as applicable. All other conditions of the Contract Documents remain unchanged. The following changes, additions, or deletions as set forth herein shall apply to the Contract Documents and shall be made a part thereof and shall be subject to all the requirements thereof as though originally shown and/or specified.
2. The Contract Documents are hereby modified to effect the following changes:
a. Replace page 9 in the Sample Agreement with the attached page 9. Section 3.2 Liquidated Damages was changed from "working day" to "calendar day".
3. Bids shall be submitted in accordance with this Addendum. All Bidders MUST aclrnowledge receipt of this Addendum by signing and returning this Addendum with your Bid. Failure to include this Addendum No. 01 with your bid shall result in your bid being rejected as non-responsive.
Gouveia Engineering Firm Name:
By:
Title: Curtis Short, President
Date: 7/1/2026
645.33
126 of 214
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127 of 214
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
BID BOOK
FOR
CONSTRUCTION OF
MAIN STREET REHABILITATION -
D STREET TO I STREET
Bid Opening Date: July 1, 2026 at 2:00 P.M. PDT
GOUVEIA ENGINEERING
456 Sixth Street, Gustine, California 95322
128 of 214
BID BOOK
TABLE OF CONTENTS
PROPOSAL TO CITY ..................................................................................................................................... 1-13 BID SCHEDULE .............................................................................................................................................. 3-13 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS ...................................................................... 4-13 STATEMENT OF QUALIFICATIONS ............................................................................................................. 5-13 EQUAL OPPORTUNITY CERTIFICATION .................................................................................................... 6-13 PUBLIC CONTRACT CODE STATEMENTS ................................................................................................. 7-13 PUBLIC CONTRACT CODE QUESTIONNAIRE ............................................................................................ 8-13 CONTRACTOR'S CERTIFICATION REGARDING WORKER'S COMPENSATION INSURANCE ............... 8-13 NONCOLLUSION AFFIDAVIT ........................................................................................................................ 9-13 DEBARMENT AND SUSPENSION CERTIFICATION ................................................................................... 10-13 NPDES/MS4 COMPLIANCE CERTIFICATION .............................................................................................. 10-13 SIGNATURE PAGE ........................................................................................................................................ 11-13 BID BOND ....................................................................................................................................................... 12-13 - TABLE OF CONTENTS I - 129 of 214
DO NOT STAPLE
PROPOSAL TO THE CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
NAME OF BIDDER Machado and Sons Construction Inc.
BUSINESS P.O. BOX _ _ __________________ _
CITY, STATE, ZIP ____ ____ ___ ___________ _
(Please include even if P.O. Box used)
BUSINESS STREET ADDRESS 1ooo S. Kilroy Road ------------------- CITY, STATE, ZIP _T_u_rl_oc_k~, _C_A_. 9_5_3_80 _________________ _ TELEPHONE NO.: AREA CODE ( 209} ~63~2~-5=2~60~----------- FAX NO.: AREA CODE ( 209 ) _6-3_2-_3_96-3 ____________ _ CONTRACTOR LICENSE NO.: 719936
-------------------
Department of Industrial Relations (DIR) Registration No.: _ 10_
0_0_
01_
3_8_
72 ______ _
The work for which this proposal is submitted is for construction in accordance with the special provisions (including the payment of not less than the State general prevailing wage rates), the project plans described below, including any addenda thereto, the contract annexed hereto, and also in accordance with the Current California Department of Transportation Standard Plans, Standard Specifications, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.
The special provisions and plans for the work to be done are dated MAY, 2026 and are entitled:
645.33
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
CONTRACT DOCUMENTS
FOR CONSTRUCTION OF
MAIN STREET REHABILITATIOND STREET TO I STREET
BID 1 of 13
130 of 214
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.
The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item.
In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount of the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the CITY of LIVINGSTONs Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise, if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.
Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.
The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the CITY of LIVINGSTON, and that discretion will be exercised in the manner deemed by the CITY of LIVINGSTON to best protect the public interest in the prompt and economical completion of the work. The decision of the CITY of LIVINGSTON respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.
If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the 2 bonds in the sums required by the State Contract Act, with surety satisfactory to the CITY of LIVINGSTON, within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the CITY of LIVINGSTON that the contract has been awarded, the CITY of LIVINGSTON may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this proposal shall operate and the same shall be the property of the CITY of LIVINGSTON.
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal 645.33
BID 2-13
131 of 214
is accepted, that he will contract with the CITY of LIVINGSTON, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefore the following prices, to wit:
ITEM
NO.
1 2
3 4
5 6
7 8
9 10
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
BID SCHEDULE
MAIN STREET REHAB/LITA TION -
D STREET TO I STREET
ESTIMATED UNIT
BID ITEM DESCRIPTION QUANTITY PRICE
Mobilization 1 LS $ 11,675.84
*(Item 1 not to exceed $15,000.00)
Traffic Control Plan 1 LS $ 19,350.00
... (Item 2 not to exceed $20,000.00)
Asphalt Concrete Edge Planing 449 LF $ 14.60
Asphalt Concrete Planing at 2-lnches
Depth 89,499 SF $ 0.54
Furnish and Place Asphalt Concrete 1,175 TN $ 148.20
Adjust Valve Box to Grade 5 EA $ 2,988.00
Adjust Manhole Cover to Grade 2 EA $ 3,140.00
Adjust Monument Cover to Grade 3 EA $ 2,555.40
Apply Double 4 Inch Thermoplastic $ 6.45 Striping 1,654 LF Apply Thermoplastic Markings 1,783 SF $ 11.00
TOTAL BID $ 319,212.00
NOTE: "TOT AL BID" is only on the last page of the Bid Schedule List 645.33
ITEM
TOTAL
$ 11 ,675.94
*(See Note)
$ 19,350.00
... (See Note)
$ 6,555.40
$ 48,329.46
$ 174,135.00
$ 14,940.00
$ 6,280.00
$ 7,665.00
$ 10,668.30
$ 19,613.00
BID 3-13
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STATEMENT OF QUALIFICATIONS
Experience
Bidder shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
1 2 3
125009 D-1701 1250016 Casa de 1 250038-1 6th Garth Ct, Project Title Asphalt Restoration Amigos MHP Vallejo Public Agency
Pacific Gas & Electric Pacific Gas & Electric Pacific Gas & Electric PO Box 28209 Oaklanc , PO Box 770000 San 300 Lakeside Dr, Address CA 94612 Francisco, CA 94177 Oakland, CA 94612
Telephone No.
Engineer in Charge NIA NIA NIA
Project Value ($) $196,226.10 $918,493.00 $51,383.75
Date Accepted 0411112025 0611112025 04129125
Claims Filed? NIA NIA NIA
If yes explain
below:
645.33
BID 5-13
133 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: https://www.dir.ca.gov/Public-Works/ContractorReg istration. htm I In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms. - Percent Dept. of
Bid Item Description of Work to be Performed of Total Subcontractor's Industrial Subcontractor's Name and Address No. Contraet License No. Relations (DIR) Registration No.
\t"O. ~(\ (.., G>,ry\ro\ ? \O.("\ 5.0··,, 5z.31i, ~ \ 00000 ,~ i l ro.rwe ~ \- '::)o. ·k .\:-~ , :r. ,-,c..
2. 2 -z ~ N · tho,'"' ~\-,
Loo., .., 0\- Q 5'2 '--t 0
L\
~~rr'°' \ ~ lo>"\C-r e,~ t'\o. n i " ~ S-fuOi "6~2 ~,000003"?>~~ Pc,.ueme"~ Q~e,_\,~ S~~\eMS :Cnt o..\-- Z -°!:"X,1--\e,::, 0<.!p-th '5 .0·1, \t>2-~t> ~ ..... Se.~11'\Cl Ur:,,.y _, ~\)l"UPO\ Vc,.\\t'-\., c.Pt q l1 Sl
~flp\y \)oulc:)1-e.. L..\. -Cl"'\c..lr--. ::> 7 '-\ (o coo ~ 0-,.r- 1~p Co/Y\f>O\~ °' \~f"f'(\-0~\0,!,~ L,. {Y)o.d-(; '"'j :!> ., ' l 000O002>o(p 1001 o.\-oK.e5, kJ~J Sh" ~ foV", t ,A- q ~ '21 'S'
-Ai>P'" ~~• N\'O ?\¾,t-1c.... {f)c,. r"; "',3 ') "!,i~ ~C)C> ~ O-r-1~~ U)W"lpO.I"\~ lo (p"j. 1 0000000 o G \ i)C)\ ~,\-o\.(~ A.J'e. J
~ -+1) '-' '-'.-4-u...._ c,f)r q~21$'
645.33
BID4-13
134 of 214
{THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERT/FICA TIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder __ M_a_c_ha_d_o_a_n_d_S_o_n_s_C_o_n_st_ru_c_ti_on __ln_c_. _________ , proposed subcontractor(s) ~~~~~~ ~!l.l...::O~~~~~!..J1_~~..!...!ct-~:ID:!.:.:~J...\M.~ ~IOUlobl.L;\ p; \ hereby certifies that he
[]I has
D has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing t shall also constitute signature of these certification
645.33
BID 6-13
135 of 214
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder D has
p;a.has not
been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
Note: The bidder must place a check mark after "has" or •has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing t • Proposal on the signature portion thereof shall also constitute signature of this Statement. Bi cautioned that making a false certification may subject the certifier to criminal prosecutio .
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
645.33
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
BID 7-13
136 of 214
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes
(R]No
If the answer is yes, explain the circumstances in the following space.
CONTRACTOR'S CERTIFICATION REGARDING WORKERS'
COMPENSATION INSURANCE
State of California
County of _ _ s_ta_n_is_la_u_s ______ _
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commending the performance of the work of this Contract.
Machado and Sons Construction Inc.
(Name of Contractor}
Date: 06/30/2026
645.33
BID 8-13
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645.33
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF LIVINGSTON. DEPARTMENT OF PUBLIC WORKS
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization. bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.
Bidders are cautioned that makin a false certification may subject the certifier to criminal prosecution.
BID 9-13
138 of 214
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions to an additional sheet of paper and include with the bid.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
NPDES/MS4 Compliance Certification
All construction projects within the City limits must comply with the National Pollutant Discharge Elimination System (NPDES) storm water regulation adopted by the EPA, and as applicable, and the Phase II Small Municipal Separate Storm Sewer System (MS4) General Permit requirements, regardless of size.
The City is required under these permits to provide information to Contractors performing work within City limits about training opportunities to assist in managing potential pollutants from construction -related activities, selection, installation, implementation, and maintenance of Best Management Practices (BMPs), as well as overall program compliance.
The Bidder acknowledges that they are aware of the necessity to be in compliance with the NPDES and MS4 permits while working within City limits.
Note: Providing false information may result in criminal prosecution or administrative sanctions.
The above certifications are part of Signing this Proposal on the signature portion thereof shall also constitute signature o ese
645.33
BID 10-13
139 of 214
Accompanying this proposal is __,\?>""'_,_,ck}e"'-=c...,__._•\,_1 ---'S=----"l>o= ..... r,,......_..cA'-'--____________ _ (NOTICE: INSERT THE WORDS "CASH($.~~...,....,..-,•• "CASHIER'S CHECK," "CERTIFIED CHECK," OR "BIDDER'S BOND," AS THE CASE MAY BE.) in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORT ANT NOTICE
If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.
Machado and Sons Construction Inc. Michael J. Machado - CEO Manuel B. Machado-President Manuel J. Machado-Vice President Mary Machado-Secretary
Licensed in conformance with an act providing for the registration of ~ontr~ctors, A,B.C-8,C 12 License No. 719936 Classification(s) C-61/006,C-61/030
Department of Industrial Relations (DIR) Registration No. _ 1_00_0_0_1_3_8_7_
2 _________ _
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). 645.33
Date: 06/30/2026
Michael J. Mac~
Sian
t~·
• Mere CEO
Authorized Signature and Title of Bidder
Business Address 1000 S. Kilroy Road Turlock, CA. 95380 Place of Business 1000 ~- K,\c-o'=t 9.oru). Ju.-\ ,,c__\(,, {'A Qn&O Place of Residence mo<:> $ , ~\\r-o '4 Q ~ 1"' v'" \., kt::, cA q ,;3.QU BID 11-13
140 of 214
BID BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
BIDDER (Name and Address)
Machado and Sons Construction Inc.
1000 South Kilroy Road
Turlock, CA 95380
OWNER (Name and Address):
City of Livingston
1416 C Street
Livingston, CA 95334
BID
Bid Due Date: July 1, 2026
SURETY (Name, and Address of Principal Place
of Business):
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr.
Peoria, IL 61615
Description: (ProjectNameand Main Street Rehabilitation - D Streetto I Street, Livingston, CA Location)
BOND
Bond
Number:
Date:
Penal
Sum:
N/A- Bid Bond
June 24, 2026
Ten Percent of Bid Amount
(Words)
$
(10%)
(Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.
BIDDER SURETY
By:
Signature
ction Inc. (Seal)
te Seal
Contractors Bonding and Insurance Company (Seal)
Surety's Name and Corporate Seal <
By:
(Y),c'oo.r,\ :) {")o.c'no.o\o _K_im _ _ _ _______ _ Print Name Print Name te O _Attorney-in-Fact __ ..a._ ____ _ ____ _
Title Title
Attest: See Attached Power of Attorney
Signature
Title
Note: Addresses are to be used for giving any required notice.
Provide execution by any additional parties, such as joint venturers, if necessary. 645.33
141
BID
of
12 214-13
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Fresno
) ss
)
On ~V\.e, JY 1
z_6Z.0 . before me, Bonnie Gonzalez, Notary Public. personally appeared Kim Wilson, who proved to me on the basis of satisfactory evidence to be the personfst whose namets} is~ subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 4"s/her/thei-F authorized capacity,{iest, and that by R+S/her/tReif-signaturet5} on the instrument the personW, or the entity upon behalf of which the personts} acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
-ee&ee••,
BONNIE GOtlZALEZ
Notary
Fresno
Public
County
• California ~ l:
Commission /12529452 -
y Comm. Expires Aug 8, 2029
142 of 214
. .
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria, IL 61615
Phone: 800-645-2402
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint:
Lyn Genito, Bonnie Gonzalez, Kim Wilson, Joseph Shea, jointly or severally in the City of Fresno , State of California its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25.000.000.00 ) for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company.
RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Sr. Vice President with its corporate seal affixed this 18th day of September 2025 .
State of Ohio
County of Cuyahoga } ss
On this 18th day of September . 2025 , before me, a Notary Public, personally appeared Eric Raudjns . who bemg by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insura.nce Company and acknowledged said instrument to be the voluntary act and deed of said corporation.
Notary Public
0414668010212
RLI Insurance Company
: •~g:;;~mp,oy
Eric Raudins Sr. Vice President
CERTIFICATE
I, the undersigned officer of RLI Insurance Company and/or Conlractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, tl1at the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance ComP.any and/or C~ractors Bonding anJl Insurance Company th.is~ day of q M'.'\-R,. .a.n:.Ll:>
RLI Insurance Company
Contractors Bonding and Insurance Company
ay: ---~~-~ ...... h __ ,a-~-~-·-~-t.i-• ...... , ___ _ Christina Dean Corporate Secretary A0058D19
143 of 214
ADDENDUM NO. 01
Project:
Date of Addendum: June 26, 2026
Main Street Rehabilitation - D Street to I Street
Owner: City of Livingston
Bid Date: July 1, 2026 at 2:00 p.m.
Prospective Bidders
Gouveia Engineering
To:
From:
456 Sixth Street
Gustine, CA 95322
1. This Addendum forms a part of the Bidding Documents and will be incorporated into the Contract Documents, as applicable. All other conditions of the Contract Documents remain unchanged. The following changes, additions, or deletions as set forth herein shall app1y to the Contract Documents and shall be made a part thereof and shall be subject to all the requirements thereof as though originally shown and/or specified.
2. The Contract Documents are hereby modified to effect the following changes:
a. Replace page 9 in the Sample Agreement with the attached page 9. Section 3.2 Liquidated Damages was changed from "working day" to "calendar day".
3. Bids shall be submitted in accordance with this Addendum. All Bidders MUST acknowledge receipt of this Addendum by signing and returning this Addendum with your Bid. Failure to include this Addendum No. 01 with your bid shall result in your bid being rejected as non-responsive.
Gouveia Engineering Finn Name: Machado and Sons Construction Inc.
By: Michael J. Machado
Title: CEO
By: Mario B. Gouveia, PE
Date: 6/30/2026
-------- --------
645.33
144 of 214
RECl: IVED
" Jlll 01 ZOZ6
Cl: Y OF LlVJNGSTON
MAIN STREET REHABILITATION -
DSTREETTOISTREET
Livingston City Hall
1416 C Street, Livingston, CA 95334
145 of 214
ADDENDUM NO. 01
Project:
Date of Addendum: June 26, 2026
Main Street Rehabilitation - D Street to I Street
Owner: City of Livingston
Bid Date: July 1, 2026 at 2:00 p.m.
Prospective Bidders
Gouveia Engineering
To:
From:
456 Sixth Street
Gustine, CA 95322
1. This Addendwn forms a part of the Bidding Documents and will be incorporated into the Contract Documents, as applicable. All other conditions of the Contract Documents remain unchanged. The following changes, additions, or deletions as set forth herein shall apply to the Contract Docwnents and shall be made a part thereof and shall be subject to all the requirements thereof as though originally shown and/or specified.
2. The Contract Documents are hereby modified to effect the following changes:
a. Replace page 9 in the Sample Agreement with the attached page 9. Section 3.2 Liquidated Damages was changed from "working day" to "calendar day".
3. Bids shall be submitted in accordance with this Addendum. All Bidders MUST acknowledge receipt of this Addendum by signing and returning this Addendum with your Bid. Failure to include this Addendum No. 01 with your bid shall result in your bid being rejected as non-responsive.
Gouveia Engineering Firm Name:
By:
Title:
Date:
645.33
Juarez Brothers General Engineering INC
Daniel Juarez , , ~
CEO
07/01/2026
146 of 214
In the event of a dispute between City and Contractor, City may withhold from the fmal payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.
2.5 Substitution of Securities.
(a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor's direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor's completion of its obligations hereunder, as evidenced by the City's acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten ( 10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.
ARTICLE3. PERFORMANCE SCHEDULE
3.1 Schedule of Performance.
Contractor shall begin work within fifteen (15) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within TWENTY (20) consecutive working days from the date on which the work was started and in accordance with any schedule contained in or required to be provided by the Bid Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply.
3.2 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of EIGHT HUNDRED Dollars ($800.00) as liquidated damages for each workiAg day calendar day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor.
To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities. -9- 01424.0001/923138.l
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DO NOT STAPLE
PROPOSAL TO THE CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
NAME OF BIDDER Juarez Brothers General Engineering Inc.
BUSINESS P.O. BOX __________________ _
CITY, STATE, ZIP ____________________ _
( Please include even if P. 0. Box used)
BUSINESS STREET ADDRESS 17244 El Dorado Drive - --------- -------- CITY STATE ZIP Madera, CA 93636 I I TELEPHONE NO.: AREA CODE ( 559 ) _36_7_-6_9_0_9 __________ _ FAX NO.: AREA CODE ( ) ______________ _
CONTRACTOR LICENSE NO.: 956804
------------------ Department of Industrial Relations (DIR) Registration No.: _1_00_1_1_1_8_16_0 _____ _ The work for which this proposal is submitted is for construction in accordance with the special provisions (including the payment of not less than the State general prevailing wage rates), the project plans described below, including any addenda thereto, the contract annexed hereto, and also in accordance with the Current California Department of Transportation Standard Plans, Standard Specifications, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.
The special provisions and plans for the work to be done are dated MAY, 2026 and are entitled:
645.33
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
CONTRACT DOCUMENTS
FOR CONSTRUCTION OF
MAIN STREET REHAB/LITA TION -
D STREET TO I STREET
BID 1 of 13
148 of 214
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.
The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item.
In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount of the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the CITY of LIVINGSTONs Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise, if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.
Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on I ump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.
The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the CITY of LIVINGSTON, and that discretion will be exercised in the manner deemed by the CITY of LIVINGSTON to best protect the public interest in the prompt and economical completion of the work. The decision of the CITY of LIVINGSTON respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final. ff this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the 2 bonds in the sums required by the State Contract Act, with surety satisfactory to the CITY of LIVINGSTON, within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the CITY of LIVINGSTON that the contract has been awarded, the CITY of LIVINGSTON may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this proposal shall operate and the same shall be the property of the CITY of LIVINGSTON.
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal 645.33
BID 2-13
149 of 214
is accepted, that he will contract with the CITY of LIVINGSTON, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefore the following prices, to wit:
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
BID SCHEDULE
MAIN STREET REHABILITATION -
D STREET TO I STREET
ITEM ESTIMATED UNIT ITEM
NO. BID ITEM DESCRIPTION QUANTITY PRICE TOTAL
1 Mobilization 1 LS $ rsooo.o $ ,~ooo
*(Item 1 not to exceed $15,000.00) *(See Note)
2 Traffic Control Plan 1 LS $ 7,0 000 ,0 $ W CIJO
-(Item 2 not to exceed $20,000.00) ,..(See Note)
3 Asphalt Concrete Edge Planing 449 LF $ W -t2 $ q2;,50 4 Asphalt Concrete Planing at 2-tnches
\ ~ s4,-
\. Z,."\ Depth 89,499 SF $ $ --~
5 Furnish and Place Asphalt Concrete 1,175 TN $ ru;. 4" e,, $ \~ \ <'6l 6 Adjust Valve Box to Grade 5 EA $ lObq.z.. $ s '?::> 4- &, 7 Adjust Manhole Cover to Grade 2 EA $ -z,<t-+~.o $ 4-'\ 4-~ 8 Adjust Monument Cover to Grade 3 EA $ Q\ t?, .-~3 $ 2920 9 Apply Double 4 Inch Thermoplastic \. t-5 2.?>"12 Striping 1,654 LF $ $ 10 Apply Thermoplastic Markings 1,783 SF $ 2.-1-G\ $ 4q 'b l TOTAL BID $ 1?,l.8 1 I 6 4- . 00
NOTE: "TOTAL BID" is only on the last page of the Bid Schedule List 645.33
BID 3-13
150 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 https://www.dir.ca.gov/Public-Works/ContractorRegistration. html In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms.
Percent Dept of
Bid Item Description of Work to be Performed of Total Subcontractor's Industrial Subcontractor's Name and Address No. Contract License No. Relations (DIR) Reaistration No.
2- , ._o.Q~tc., Cov1\'(o\
6'! , ~ i t 2- 'b S:. \OGru\'l.-b i s
~~i'( N (:..'t v.JO ( I"- _
i-;4s ,1v ~ .be:, .xl..-e :r~e)~ ~ ''l':itl r-
°'1 \0 '::>,\. ... ,t~ ~3 ·~ 31 , \O\l\-\Z..L\- l 000 3 q 6 9: 4- ·tfr, .. e, Lu, e, ~ fff 1\f) . ~ "=t,o o 9e,t~"'.:l.~\e :?\ve. :t\C YI.O M0Je·l 10 CA '1 '53 Sb
.
645.33
BID 4-13
151 of 214
STATEMENT OF QUALIFICATIONS
Experience
Bidder shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
1 2 3
SOUTH BUILDING A PARKING LOT FAX ADA Bus Stop Phase C
Santa Fe Strip Park Sidewalk IMPROVEMENT
Project Title
Fresno Unified City of Fresno
Public Agency City of Merced
678 W. 18th Street, Merced, 4600 N Brawley, Fresno, CA 93722 747 R St. 2nd Floor Address
CA95340
Fresno, Ca 93721
209-930-5280 559-679-1032 (559) 649-0836
Telephone No.
Rom Robinson Theresa Morris Santiago Anguiano Jr
Engineer in Charge
550,000 600,000 507,000
Project Value ($)
06/01/2026 12/18/2026 05/19/2026
Date Accepted
NIA NIA NIA
Claims Filed?
If yes explain
below:
645.33
BID 5-13
152 of 214
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder Juarez Brothers General Engineering Inc.
hereby certifies that he
QI has
D has not
(list Subcontractor(s) above)
proposed subcontractor(s)
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 645.33
153 of
BID
214
6-13
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder D has
QI has not
been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of pe~ury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
645.33
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
BID 7-13
154 of 214
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes
QI No
If the answer is yes, explain the circumstances in the following space.
CONTRACTOR'S CERTIFICATION REGARDING WORKERS'
COMPENSATION INSURANCE
State of California
County of _M_a_d_e_ra _______ _
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commending the performance of the work of this Contract.
Juarez Brothers General Engineering Inc.
(Name of Contractor)
By: Daniel Juarez
~ - n
Date:
------
645.33
155 of
BI
214
D 8-1 3
645.33
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To· the CITY OF LIVINGSTON, DEPARTMENT OF PUBLIC WORKS
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not. directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
BID 9-13
156 of 214
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
•
is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions to an additional sheet of paper and include with the bid.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
NPDES/MS4 Compliance Certification
All construction projects within the City limits must comply with the National Pollutant Discharge Elimination System (NPDES} storm water regulation adopted by the EPA, and as applicable, and the Phase II Small Municipal Separate Storm Sewer System (MS4) General Permit requirements, regardless of size.
The City is required under these permits to provide information to Contractors performing work within City limits about training opportunities to assist in managing potential pollutants from construction -related activities, selection, installation, implementation, and maintenance of Best Management Practices {BMPs), as well as overall program compliance.
The Bidder acknowledges that they are aware of the necessity to be in compliance with the NPDES and MS4 permits while working Within City limits.
Note: Providing false information may result in criminal prosecution or administrative sanctions. 645.33
The above certifications are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of these Certifications.
BID 10-13
157 of 214
BIDDER'S BOND
Accompanying this proposal is ______________________ _
(NOTICE: INSERT THE WORDS "CASH($ __ __,," "CASHIER'S CHECK," "CERTIFIED CHECK," OR "BIDDER'S BOND," AS THE CASE MAY BE.) in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE
If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof,· if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.
Licensed in conformance with an act providing for the registration of Contractors, License No. 956804
----------- Classification(s} A- General Engineering
Department of Industrial Relations (DIR} Registration No. _1_0_0_1_1_1_8_1_6_0 _______ _ By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code}. 645.33
07/01/2026
Date:
---------------
Authorized Signature and Title of Bidder
Business Address 17244 El Dorado Drive
Place of Business Madera, CA 93636
Place of Residence 17244 El Dorado Drive, Madera CA 93636 158 of
BID
214
11-13
MERCHAN~
BONDING COMPANY,..
MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, IA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854
Bid Bond
CONTRACTOR:
(Name, legal status and address)
Juarez Brothers General Engineering Inc
17244 El Dorado Dr
Madera, CA 93636
OWNER:
(Name, regal status and address)
City of Livingston
1416 C Street
Livingston CA 95334
BOND AMOUNT: Forty Five Thousand Dollars
$45,000.00
PROJECT:
(Name, focal/on or address, and Project number, if any) Bond Number: S38485
SURETY:
(Name, legal status and principal place
of business)
Merchants Bonding Company (Mutual)
A Corporation
6700 Westown Parkway, West Des Moines, IA 50266
This document has Important legal
consequences. Consultation with
an attorney is encouraged wi1h
respect to Its compleUon or
modification.
Grinding and repaving 89,499 sq Feet of pavemcmt using 1,175 tons of asphalt concrete applying Any singular reference to
Contractor, SLnty, Owner or
other party shall be considered
pavement striping and markings and other miscellaneous work plural where applicable.
The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the tenns of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified In the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days.
lfthis Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the tenn Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provislon in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
Signed and sealed this 30th day of June, 2026
(Witness)
(Witness) Shahesta Philips
CON 0657 (2/15) Printed in cooperation
document conforms exa
(Seal)
utual
(Seal)
159 of 214
MERCHAN~
BONDING COMPANYnc
POWER OF ATTORNEY
Bond #: 538485
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporaUons of the Stale of Iowa, and MERCHANTS NATIONAL INDEMNITY COMPANY , an assumed name of Merchants National Bonding, Inc., (herein collectively called the "Companies") do hereby make, constitute and appoint, lndlvldually, Abel Acosta
their true and lawful Attomey(s).ln-Fact, to sign Its name as surety(ies) and lo execute. seal and acknowledge any and all bonds, undertakings. conlracts and other written Instruments In the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and un<lena1<1ngs required or permitted In any actions or proceedings allowed by law.
This Power-of•Attomey Is granted and Is signed and sealed by facslmile under and by authority of the By-Laws adopted by the Board of Directors of the Companies.
"The President. Secretary, Treasurer. or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority lo appoint Allomeys•ln•Fact, and to authorize them to execule on behalf of the Company, and attach the seal of the Company thereto, bonds and undenaklngs. recognizances, contracts of Indemnity and other writings obligatory in the nature thereof.• 'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or CertlflcaUon thereof authorizing the execution and delivery of any bond. undertaking, recognizance. or other suretyshlp obligations of the Company, and such signature and seal when so used shall have the same force and effect as lhough manuauy flxed." In connection with ob§gations In ravor of the Florida Department of Transportation only, It is agreed that the power and authority hereby given to the Attorney-In-Fact lndudes any and all consents for the release of retained percentages and/or final estlmates on engineering and construction contracts required by the State of Florida Department of Transportation. II is fully understood thal consenting to the State of Florida Department of Transportation making payment of lhe final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of Its obligations under Its bond.
In connection with obligations In favor of tha Kentucky Departmant of Highways only, it Is agreed that the power and authority hereby given lo the Attorney•in-Facl cannot be modified or revoked unless prior written personal notlce of such Intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modlflcatlon or revocation.
In Witness Whereof. the Companies have caused this instrument to be signed and sealed this 30th day of June . 2026 .• • \tlG c· • .. ..••~·,o;.;~······ ..• • ·,.i.·,;.. •• .. MERCHANTS BONDING COMPANY (MUTUAL) .•• f:>~?, ......... ~~R• •. .••• ~~ .... •·o···~ ~•••• • • ~\~~ ...... !!_~ • • MERCHANTS NATIONAL BONDING, INC. :~°'-••~Ov.'POJf-,;._,~•• l~:'°c,O~p ~J;,,.<>i\ •♦ ~.~fOR~;-.~•• MERCHANTS NATIONAL INDEMNITY COMPANY :~Ii~ •O• t \-~ :~f~ •O• t \CI; :~; ' •,..(~ cc ·=-••<· •-·•z• n, '::r:, • • .-. • • ·~• •.c' iO• :Oo\ 1933 f S • ::t-'._ 2003 :'t:,: • j'.\ i~ • , &·• ·,:::1• .-t,. ., • 'il' lt,,:• ·~·-. .-:..as:: •.,""fJ,•·. ···~: ~'ii;_·· ··~· • z..••. • ... "-· •, ~ ··· .• -~ •• • ~i:'.• ,•.:,,;: ♦ ,T •• .. •••••• , • •• ~ •• ............. t:,-...;:r..,• • ..,. •·••·••••"" -.,.v • . . . . * . . . ... ,, * ,........ . . . ~ ... . . . . . . ··········· ...... .. STATE OF IOWA By
President
COUNTY OF DALLAS ss.
On this 3oth day of June 2026 . before me appeared Larry Taylor. to me personally known, who being by me duly sworn did say that he ls President of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY; and that the seals affho:ed to the foregoing Instrument are the Corporate Seals of the Companies; and that the said Instrument was sloned and sealed In behalf of the Companies by authority of their respective oards of Directors.
IOoN1'
Penni Miller
Commission Number 787952
My Commission fJlpires
January 20, 2027
(Expiration of notary's commission
does not Invalidate this Instrument)
Notary Pub/le
I, Elisabeth Sendersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC .. and MERCHANTS NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is e true and correct copy of the POWER-OFA TTORNEY executed by said Companies. Which Is sliO In full force and effect and has not been amended or rev~ed. 160 of 214
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles }
On <:; -'JC) -~ 6 before me. -------=-_Kim_._S_t_eil_,_N_o_tary ......._P_u_b_li_c _____ ~ personally appea~:;e ___ ___.c.....L-"-~-e;a__l ........ '--__ ..;;...:. _ _,__s_e_rt_N_a_m_e_a_n_d_T._it-le_o_f_th_e_o_ffi_,_ce_r ___ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(ies), and that by his/her/their stgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. •• • • KIM STI:IL
• •" :." . Notary Public • cattfornia .J
; Ventura County ~
. • Commission t 2539756
• 11.y Comm, Expires Oe< 21, 2029
Place Notary Seal and/or Stamp Above
I certify under PENAL iY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct .
WITNESS my hand and official seal.
f) ·- :'"\'\, "=---
Signature -~-=----=:;;,...=-- -------- Signature of Notary Publfc
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: __________________________ _ Document Date: _____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: _____________________ _ capaclty(ies) Claimed by Slgner(s)
Signer's Name: ____________ _
o Corporate Officer - Title(s): _____ _ _
o Portner - □ L.lmited □ General
□ Individual o Attorney in Fact
o Trustee □ Guardian or Conservator
D Other:
Signer is Representing: _________ _
Signer's Name: ___________ _
o Corporate Officer - Title(s): ______ _
□ Partner - CJ Limited
D Individual
o Trustee
D Other:
CJ General
o Attorney in Fact
o Guardian or Conservator
Signer is Representing: _________ _
fJOOO(] J l [[ □ lftC ,U l ! JO i [ j J i O 134), j IIOODll i i i !Jfl 8Ul 0 Ji l'O'fJ@@ll MUM !ll U 0100 8 0 0 □ B B i ii!8 ©2019 National Notary Association
161 of 214
CALIFORNIA
~~C~I!~
ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. } State of California
County of d«L).(}/)
On _ _.l ..... ► ...... :l~" .... \ ~~.e..ct1)2 __ 1.,_1> _ before me, ../v, OD~ ) ~ "1erv.p,. Noto .-a..b\;<'.> {le) Here Insert Name and Title of the Officel<J
personally appeared _________ Cl)) _ ..._-.n ........ : ... e_l>..,,__ \-,.,d-u-a ..... , .. ,"4t$1'"------------- Nome(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in hisfher/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ········~ KASSIE L. KEMP
Notary Publlc • CaHfornla z
Fresno County J
Commission I 51 540 ~
y Comm. Expires Jul 22, 2027
Place Notary Seal and/or Stomp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature - --J/4LA,11~t>Ot.-.. ·,_1L c9{-..;z;~~~(;..hL#-iP~ - Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ____________________ _______ _ Document Date: _ ____________________ Number of Pages: ___ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _
o Corporate Officer - Title(s): ______ _
□ Partner - □ Limited o General
□ Individual
□ Trustee
D Other:
□ Attorney in Fact
□ Guardian or Conservator
~
Signer is Representing: _________ _
©2019 National Notary Association
Signer's Name:
o Corporate Officer - Title(s): ______ _
□ Partner - □ Limited □ General
□ Individual
o Trustee
□ Other:
□ Attorney in Fact
□ Guardian or Conservator
Signer is Representing: ___ ______ _
162 of 214