Agenda packet — Livingston City Council, August 4, 2026 (part 1 of 2)

1 CITY COUNCIL SPECIAL AND REGULAR

MEETING AGENDA
AUGUST 4, 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), 2 Matters.

7. 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

8. Conference with Legal Counsel – Existing Litigation pursuant to Government Code Section 54956.9: John Markle v. City of Livingston, et al., Case No. 23CV-01647.

9. Public Employee Performance Evaluation (Govt. Code 54957(b)) City Council’s Performance Evaluation of the City Attorney

10. Conference with Legal Counsel - Potential Initiation of Litigation pursuant to Government Code § 54956.9(d)(4) – 1 Matter

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3 REGULAR MEETING

CALL TO ORDER
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Roll Call.

Closed Session Announcement
Changes to the Agenda.

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

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

ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.

City Manager Announcements and Reports.

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

CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by a member of the public, the City Manager or City Council Member. There will be no separate discussion of these items unless members of the public, City Council or City Manager request that specific items be removed. Public comment on consent agenda items shall be limited to three (3) minutes perperson regardless of the number of items contained within the consent agenda.

1. Ratify Warrants Register Dated July 24, 2026.
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4 2. Approval of Minutes of Meeting Held on July 21, 2026.

3. Consideration of Adopting a Resolution Authorizing the Use and Acceptance of Digital or Electronic Signatures and Approve the City Council Policy titled “Electronic and Digital Signature Use” as Exhibit 1 to the Resolution.

4. Consideration of Adopting a Resolution Approving The Submittal Of A Program Income Application To The California Department Of Housing And Community Development HOME Program For First-Time Homebuyer And Owner-Occupied Rehabilitation Programs In An Amount Of $553,663 In Current Funds Along With Any Additional Future Program Income Receipts And Authorizing The City Mayor And City Manager To Execute All Required Documents As Applicable.

5. Consideration Of Adopting A Resolution Approving An Employment Agreement With John Ramirez For Continued Service As Interim Chief Of Police.

6. Consideration of Adopting a Resolution Approving An Agreement With Feezza, Inc. For Website Design And Installation, And Ongoing Support For Website Software.

7. Consideration of Adopting a Resolution Approving Amendment No. 1 To The Professional Services Agreement With Willdan Financial Services For The Water, Wastewater, And Solid Waste Rate Study And Authorizing The City Manager To Execute The Amendment In An Amount Not To Exceed $30,000, For A Total Contract Amount Not To Exceed $102,895.

8. Consideration of Adopting a Resolution Approving a Legal Services Agreement with Burke, Williams, & Sorensen, LLP for Special Counsel Services.

9. Consideration Of Adopting A Resolution Accepting The Low Bid And Awarding A Contract To Bobo Construction, Inc. For The Total Bid Amount $4,950,290.61 For The Construction Of The Livingston Rec Plex Project, Authorizing A Contingency For Contract Change Orders Up To 10% Of The Contract Amount, And Authorizing The City Manager To Execute The Agreement.

DISCUSSION AND POTENTIAL ACTION ITEMS

10. Request For Direction On City Requirements For New Park Facilities And Storm Drain Basin Design Preferences For Pre-Development Review Application No. PDR 2026-03 - Cabral Farms Residential Development Proposal.

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. 4 of 249
5 • City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
• Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

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

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

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

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

COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

ADJOURNMENT
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STAFF REPORT
1 AGENDA ITEM: Warrant Register July 24, 2026

MEETING DATE: August 4, 2026

PREPARED BY: Consuelo Moreno, Account Clerk
REVIEWED BY: Happy Bains, Finance Director
RECOMMENDATION:

Ratify the warrant register dated July 24, 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:

July 11, 2026 – July 24, 2026

CHECKS #
NET PAYROLL……………………...........…. $ 178,285.83 4223-4245 GENERAL WARRANTS……………………. $ 332,548.88 16266-16360
ACH WARRANTS…………………………….$ 193,348.96
PAYROLL WARRANTS…………..….…...…$ 86,059.10

TOTAL WARRANTS………………………… $ 611,956.94
ATTACHMENTS:

Warrant Register (detailed by date and check number)
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Accounts Payable
User:

Printed:
[email protected]
7/24/2026 4:59 PM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
ACH 401 Keenan & Associates 07/13/2026 110,750.09
Total for 7/13/2026: 110,750.09
16266 1307 Amazon Capital Services 07/16/2026 490.97
16267 162 Steve Bassi 07/16/2026 25.00
16268 909 Canon Financial Services, Inc. 07/16/2026 334.64 16269 1674 Diego Castillo 07/16/2026 25.00
16270 1239 Clark Pest Control of Stockton, Inc. 07/16/2026 122.00 16271 1151 Jose Flores 07/16/2026 25.00
16272 UB*02185 THOMAS GROZE 07/16/2026 23.79
16273 1551 Mohinder Kanda 07/16/2026 25.00
16274 639 Livingston Explorers 07/16/2026 1,796.00
16275 276 Livingston True Value Hardware, Inc. 07/16/2026 206.21 16276 1255 Ashley Maciel 07/16/2026 1,537.50
16277 1723 Jatinder Mann 07/16/2026 25.00
16278 1875 Noe Martinez 07/16/2026 100.00
16279 389 Mid Valley IT 07/16/2026 42,963.65
16280 180 Mission Linen Service 07/16/2026 402.69
16281 395 Navia Benefit Solutions 07/16/2026 150.00
16282 199 Northstar Chemical 07/16/2026 2,444.66
16283 1873 Arlette Olmos 07/16/2026 205.36
16284 201 O'reilly Automotive, Inc. 07/16/2026 151.43
16285 1015 Pyro Spectaculars 07/16/2026 14,500.00
16286 430 Quadient Finance USA, Inc. 07/16/2026 622.76
16287 989 Jasneil Singh 07/16/2026 25.00
16288 1874 Yesenia Solorio 07/16/2026 75.00
16289 1803 Toshiba Financial Services 07/16/2026 1,632.54 16290 1550 Japjeet Singh Uppal 07/16/2026 150.00
16291 818 Renee Waite-Mendonca 07/16/2026 25.00
Total for 7/16/2026: 68,084.20
ACH PERS Public Employ Retire System 07/17/2026 74,791.92 ACH 422 U.S. Bank Corporate Payment Systems 07/17/2026 7,806.95 Total for 7/17/2026: 82,598.87
1000489 FIT Federal Tax Payments 07/22/2026 24,632.44
1000490 NBS1 National Benefit Services - AltaMont St Clair07/22/2026 1,834.84 1000491 PERS Public Employ Retire System 07/22/2026 36,785.67 1000493 PTS PTS - Part Time Seasonal 457 Plan 07/22/2026 454.52 1000494 SIT State Tax Payments 07/22/2026 9,292.10
1000949 VALIC Variable Annunity Life Ins. 07/22/2026 1,320.00 Total for 7/22/2026: 74,319.57
AP Checks by Date - Summary by Check Date (7/24/2026 4:59 PM) Page 1 7 of 249
(irty o,f Uving1sto1n
1416 C Stroot
Livingston, CA 95334
Check No Vendor No Vendor Name Check Date Check Amount
1000495 SIT State Tax Payments 07/23/2026 3,986.34
1000496 1863 Benistar Admin Services, Inc. 07/23/2026 5,287.99 Total for 7/23/2026: 9,274.33
1000497 1861 MidAmerica Administrative & Retrirement Solutions 07/24/2026 2,465.20 16292 251 ABS Direct, Inc. 07/24/2026 1,299.45
16293 1878 Lira Acornia 07/24/2026 100.00
16294 885 Aerial Inspection Service 07/24/2026 2,701.50 16295 1680 Alumichem USA. Inc. 07/24/2026 7,041.02
16296 1307 Amazon Capital Services 07/24/2026 2,440.84
16297 1313 American Promotional Events 07/24/2026 200.00 16298 472 Aqua-Metric Sales Company 07/24/2026 21,789.43 16299 253 AT&T 07/24/2026 244.25
16300 282 AT&T Mobility 07/24/2026 2,471.88
16301 192 Cal Traffic 07/24/2026 86.70
16302 435 California Chamber of Commerce 07/24/2026 899.00 16303 1239 Clark Pest Control of Stockton, Inc. 07/24/2026 57.00 16304 283 CoreLogic Solutions, LLC 07/24/2026 200.00
16305 1385 Crescent Supply Company 07/24/2026 230.95
16306 1308 CSG Consultants, Inc. 07/24/2026 2,878.50
16307 293 Department of Justice Accounting Office 07/24/2026 510.00 16308 1765 Nino Dimas 07/24/2026 331.50
16309 1809 Education and Leadership Foundation 07/24/2026 3,250.00 16310 163 EZ Auto Supply 07/24/2026 86.69
16311 641 Ferguson Enterprises LCC #686 07/24/2026 7.29 16312 449 Fineline Striping 07/24/2026 5,502.21
16313 420 Frantz Wholesale Nursery, LLC. 07/24/2026 7,011.01 16314 387 Frontier Communications Corp Frontier Comm of Global Valley 07/24/2026 151.32 16315 1758 Garda CL West, Inc. Lockbox #233209 07/24/2026 25.08 16316 164 Garza Tire & Wheel, Inc 07/24/2026 645.01
16317 356 Gouveia Engineering, Inc. 07/24/2026 25,839.26 16318 1098 Granite Construction Company 07/24/2026 3,045.00 16319 266 Hilmar Lumber 07/24/2026 66.20
16320 267 Hoffman Security 07/24/2026 197.95
16321 501 Hunt & Sons, LLC 07/24/2026 6,536.98
16322 1033 Independent Investigations LLC 07/24/2026 1,250.00 16323 388 Interstate Battery System of Fresno 07/24/2026 319.27 16324 675 Lance, Soll & Lunghard, LLP 07/24/2026 38,904.75 16325 288 Livingston Apostolic Assembly 07/24/2026 100.00 16326 276 Livingston True Value Hardware, Inc. 07/24/2026 963.68 16327 278 Merced Irrigation District 07/24/2026 72,746.83 16328 595 Metro Uniform Merced 07/24/2026 43.87
16329 389 Mid Valley IT 07/24/2026 11,246.40
16330 999 Zeferino Millan 07/24/2026 205.00
16331 1548 Morris Yegor Mobile Vehicle Inspections 07/24/2026 600.00 16332 194 Modesto Welding Products 07/24/2026 24.00
16333 1818 Moore Twinning Associates, Inc. 07/24/2026 1,275.00 16334 2 Angelita Moran 07/24/2026 243.00
16335 459 Municipal Maintenance Equipment 07/24/2026 6,022.03 16336 199 Northstar Chemical 07/24/2026 5,618.62
16337 302 Office Depot, Inc./ODP Business Solutions, LLC 07/24/2026 2,269.25 16338 201 O'reilly Automotive, Inc. 07/24/2026 365.63
16339 1828 PG&E Nuclear Deco Charges 07/24/2026 52.05
16340 304 Pride of Livingston Parent Boosters 07/24/2026 100.00 16341 1735 BlueTriton Brands, Inc Primo Brands 07/24/2026 382.55 AP Checks by Date - Summary by Check Date (7/24/2026 4:59 PM) Page 2 8 of 249
Check No Vendor No Vendor Name Check Date Check Amount
16342 265 Resourceability 07/24/2026 1,266.00
16343 1668 Rincon Consultants, Inc 07/24/2026 1,479.15
16344 407 San Joaquin Valley Air Pollution Control District. 07/24/2026 515.00 16345 307 Shred-It, C/O Stericycle, Inc. 07/24/2026 4,324.59 16346 309 St. Francis Electric 07/24/2026 2,465.00
16347 1829 Synergy Site Services Inc. 07/24/2026 23.00
16348 875 Taylor ER Veterinary Emergency Hospital 07/24/2026 935.06 16349 1879 Navleen Tiwana 07/24/2026 351.00
16350 284 Trans Union LLC 07/24/2026 245.30
16351 1552 Turbo Data System, Inc. 07/24/2026 1,054.09
16352 313 U.S. Bank Equipment Finance 07/24/2026 698.44 16353 366 USABlueBook 07/24/2026 275.69
16354 1150 Valley 29 Electric, LLC 07/24/2026 4,201.46
16355 314 Valley Coffee & Water 07/24/2026 53.25
16356 277 Valley Farm Supply Stores, Inc. 07/24/2026 358.18 16357 1851 Valley Wide Cooperative 07/24/2026 4,317.53
16358 367 Verizon Wireless 07/24/2026 1,491.99
16359 504 VIP Audio Visual Company, Inc 07/24/2026 500.00 16360 409 Willdan Financial Services 07/24/2026 1,332.00 Total for 7/24/2026: 266,929.88
Report Total (107 checks): 611,956.94
AP Checks by Date - Summary by Check Date (7/24/2026 4:59 PM) Page 3 9 of 249
To Accounts Payable
(Nancy Fuentes)
Check #: 4223
Total ACH $ (Gross)
/PP 07/05/2026 07/18/2026
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Date: 7/22/2026
Payroll Cycle
Thru 4245
$178,285.83
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MEETING MINUTES

SPECIAL AND REGULAR MEETING

LIVINGSTON CITY COUNCIL
JULY 21, 2026
A Special and Regular Meeting of the Livingston City Council was held on July 21, 2026, in the City Council Chambers with Mayor Moran presiding.

SPECIAL MEETING
Mayor Moran called the meeting to order at 6:00 p.m.

ROLL CALL
Mayor Jose A. Moran
Mayor Pro Tem Gurpal Samra
Council Member Singh Uppal
Council Member Jason Roth
Council Member Robert 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 Military Members.

CITIZEN COMMENTS
Mayor Moran opened and closed citizen comments at 6:01 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 Legal Counsel – Anticipated Litigation – significant exposure to Litigation pursuant to Government Code § 54956.9(d)(2), (e)(1), 1 Matter.
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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
Mayor Moran called the meeting to order at 7:05 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 Military Members.

ROLL CALL
Mayor Jose A. Moran
Mayor Pro Tem Gurpal Samra
Council Member Singh Uppal
Council Member Jason Roth (Absent)
Council Member Robert Wallis (Absent)

CLOSED SESSION ANNOUNCEMENT
No reportable action was taken.

CHANGES TO THE AGENDA
None.

CITIZEN COMMENTS
Mayor Moran opened and closed citizen comments at 7:07 p.m., as there were no comments from the public.

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

County Supervisor Jim Pacheco gave a report.
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ANNOUNCEMENTS AND REPORTS
Mayor Moran called for a break at 7:17 p.m.

Mayor Moran resumed the meeting at 7:23 p.m.

City Staff Announcements and Reports.
• Miguel Galvez, Contract City Planner
City Manager Announcements and Reports.
• Jose A. Ramierz, City Manager

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.

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.

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 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. 14 of 249

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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.

Mayor Moran opened and closed public comments at 7:32 p.m., as there were no comments from the public.

Council Member Uppal pointed out a clerical error on the adjournment time. He asked that we correct the time under adjournment. The time states “a.m.” but should be “p.m.” Motion: M/S Samra/ Uppal to approve the consent agenda. The motion carried 3-0-2 by the following roll call vote:

AYES: Council Members: Uppal, Samra, and Moran
NOES: Council Members: None
ABSENT: Council Members: Wallis and Roth

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 Mayor Moran opened public comment at 7:45 p.m.

Public Comments:

Parwinder Uppal
Mayor Moran closed public comments at 7:46 p.m., as there were no further comments from the public.

City Manager requested this item be tabled for future consideration.

ANNOUNCEMENTS AND REPORTS
City Council Members’ Announcements and Reports.
• Council Member Uppal
• Mayor Pro-Tem Samra
Mayor’s Announcements and Reports.
• Mayor Jose Moran.

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.

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COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
• Have an item on record keeping for closed session items (M/S Moran/Uppal).

ADJOURNMENT
The meeting was adjourned by consensus at approximately 7:59 p.m. __________________________________
Deputy City Clerk of the City of Livingston
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. 16 of 249

4908-0689-6525 v1 1 of 2

STAFF REPORT
AGENDA ITEM: Adopting a Resolution Authorizing the Use and Acceptance of Digital or Electronic Signatures and Approve the City Council Policy titled “Electronic and Digital Signature Use” as Exhibit 1 to the Resolution.

MEETING DATE: August 4, 2026

PREPARED BY: Maria S. Sullivan, Assistant City Attorney REVIEWED BY: Jose A. Ramirez, City Manager

RECOMMENDATION
It is recommended that the City Council adopt a Resolution authorizing the use and acceptance of digital or electronic signatures and approve the City Council Policy titled “Electronic and Digital Signature Use” as Exhibit 1 to the Resolution.

BACKGROUND
The use of electronic and digital signatures has become increasingly prevalent and offers benefits including paper reduction, expediency, cost reduction, and preservation of facility space. Electronic signatures that meet certain requirements are recognized as valid and legally binding under the ESIGN Act, the California UETA, and Government Code section 16.5. The City does not currently have a formal policy, and adoption will eliminate ambiguity regarding sufficiency of electronic signatures and documents in specified contexts while preserving the option to use paper processes. The proposed policy establishes roles for determining approved documents and technologies, applies Citywide, and provides for reviews, exceptions, and revocation of untrustworthy methods. Use of electronic signatures remains optional for external parties, and transactions may still be conducted on paper. To resolve uncertainty about electronic signature sufficiency, staff recommends a formal policy authorizing the City’s use and acceptance of electronic signatures in accordance with state and federal frameworks.

DISCUSSION
The authorization will modernize City processes by enabling secure, lawful use of electronic signatures for appropriate transactions, improving operational efficiency, continuity of operations during remote or distributed work, and enhancing recordkeeping quality. The Resolution recognizes electronic signatures as valid under applicable laws and allows staff to implement electronic signatures to the greatest extent feasible within available technology and legal frameworks.

The Policy applies to all City departments and governs uses of electronic signatures and electronically signed records or documents related to the City’s official business. The City Manager or designee, with the recommendation of the City Attorney, will determine which documents may use electronic or digital signatures and will determine acceptable technologies 17 of 249

4908-0689-6525 v1 2 of 2
and vendors to ensure data and signature integrity. To the fullest extent permitted by law, digital signatures are generally deemed to have the same force and effect as ink signatures when compliant with UETA and Government Code section 16.5 and when parties have agreed to conduct the transaction electronically. Use of electronic signatures by individuals or entities conducting business with the City remains optional, and paper options are preserved. The Policy will be reviewed periodically for appropriateness and continued applicability. The Policy does not apply where a person’s signature must be signed in the presence of a notary public. If an approved method is later deemed untrustworthy, the City Manager must revoke approval and, if the prior signatures remain significant, take steps to have records re-signed with a written signature or another approved method.

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Resolution No.
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RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

AUTHORIZING THE USE AND ACCEPTANCE OF DIGITAL OR ELECTRONIC

SIGNATURES AND APPROVING THE CITY COUNCIL POLICY TITLED “ELECTRONIC AND DIGITAL SIGNATURE USE” AS EXHIBIT 1 TO THE

RESOLUTION
WHEREAS, electronic signatures that meet certain requirements are recognized as valid and legally binding under the United States Electronic Signatures in Global and National Commerce (ESIGN) Act, the California Uniform Electronic Transactions Act (UETA), and California Government Code section 16.5; and
WHEREAS, the use of electronic and digital signatures on legally binding documents has become increasingly prevalent; and
WHEREAS, digital signatures and electronic documents provide other significant benefits, including reduction of paper generation, expediency, cost reduction, quality of archival records, and preservation of facility space; and
WHEREAS, the City does not currently have a formal policy authorizing the use of digital signatures and documents in lieu of wet signatures and paper records, and staff recommends that the City’s position be formally established to eliminate ambiguity about the sufficiency of digital signatures or electronic documents in certain contexts; and WHEREAS, the adoption of this policy will not mandate the use of digital signatures or electronic documents, but it will allow staff to implement the same to the greatest extent feasible within available technology and legal frameworks, and staff will reserve the right to determine whether, and in what form or via what platform, to use or accept a digital signature for a particular type of application or business process; and
WHEREAS, the City wishes to authorize the use of electronic signatures in accordance with the City Council Policy (Electronic and Digital Signature Use), attached hereto as Exhibit 1.

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

1. The foregoing recitals are hereby adopted as findings of fact in support of this policy resolution.

2. The City Council hereby adopts Council Policy (Electronic and Digital Signature Use) to allow for acceptance of electronic signatures that meet certain requirements, as set forth in Exhibit 1 of this Resolution, attached and incorporated by this reference.

3. This resolution shall become effective upon its adoption.

4. All portions of this resolution are severable. Should any individual provision or portion of a provision of this resolution be adjudged to be invalid and unenforceable, the remaining provisions and portions of provisions shall be and continue to be fully effective, except as to the provision(s) and/or portion(s) of provisions that have been judged to be invalid.

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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 4th day of August 2026, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

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

APPROVED AS TO LEGAL FORM
________________________
City Attorney or Assistant City Attorney
of City of Livingston
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CITY OF LIVINGSTON
Electronic and Digital Signature Use Policy
PURPOSE:

To implement guidelines for the use and acceptance of electronic signatures in compliance with the requirements of California Government Code section 16.5. This policy does not supersede laws that specifically require a written signature. This policy does not limit the right or option to conduct the transaction on paper or in non-electronic form and the right to have documents provided or made available on paper.

This policy will authorize the use of electronic signatures on the City of Livingston documents while allowing the City to balance between flexibility and the need for signature security and integrity.

POLICY:

1. To the fullest extent permitted by federal, state, and local law, digital signatures shall generally be deemed by the City to have the same force and effect as manually affixed ink signatures. In any transaction or communication with the City in which the parties have agreed to conduct the transaction by electronic means, the City may use and accept an electronic signature, if the signature complies with the UETA and Section 16.5 of the California Government Code.

2. The City Manager or designee, with the recommendation of the City Attorney, will determine the documents for which the City may use and accept electronic or digital signatures in accordance with applicable law, and will determine the acceptable technologies and vendors to ensure the integrity of any data and signatures.

3. This Electronic and Digital Signature Use Policy applies to all City departments and governs all uses of electronic signatures and electronically signed records or documents related to the conduct of the City’s official business. City staff will only accept electronic signatures that comply with the requirements of this Policy.

4. Pursuant to California law, the use of electronic signatures by individuals or entities that wish to conduct business with the City remains optional. This policy neither limits the right or option to conduct the transaction on paper or in non-electronic form, nor the right to have documents provided or made available on paper.

5. Nothing in this Policy shall prevent the City from adopting additional guidelines or taking further actions to implement this Policy or to add other permissible forms of electronic signatures to this Policy.

6. Periodic reviews will be implemented for appropriateness and continued applicability of electronic signatures.

7. Where a legal requirement, beyond city policy, requires a written document, that requirement is met when an electronic record has associated with it an electronic signature using an approved electronic signature method, which complies with state law. 21 of 249

8. This policy shall not apply to any transaction that requires a person's signature to be signed in the presence of a notary public.

9. In the event that it is determined that an approved electronic signature method is no longer trustworthy, the City Manager must revoke the approval of that electronic signature method. If there is continued significance for the electronic signatures which used the revoked method, the City Manager will take steps to see that any valid records signed with the revoked electronic signature method are signed again either with a written signature or with an approved electronic signature method.
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STAFF REPORT
AGENDA ITEM: Resolution Approving the Submittal of a Program Income application to the California Department of Housing and Community
Development HOME Program for First-Time Homebuyer and OwnerOccupied Rehabilitation Programs in an amount of $553,663 in current funds along with any additional future program income receipts and authorizing the City Mayor and City Manager to Execute all Required Documents as applicable.

MEETING DATE: August 4, 2026
PREPARED BY: Happy Bains, Finance Director/Assistant City Manager REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution of the City of Livingston approving the submission of a HOME Investment Partnerships Program (HOME) Program Income application in the amount of $553,663 in Program Income cash-on-hand, plus future Program Income receipts, for a FirstTime Homebuyer Program and an Owner-Occupied Rehabilitation Program; and authorizing the City Mayor and City Manager to execute all required documents as applicable.

BACKGROUND/ DISCUSSION:

The City of Livingston (City) currently has a balance of $553,663 in HOME Program Income (PI). A PI balance is generated from repayments of housing program loans previously provided by the City and can be expended on HOME-eligible activities. In order to do so, the City must first submit a HOME PI application to the State of California Housing & Community Development Department (HCD), and receive application approval and an executed Standard Agreement, in addition to satisfying any general setup conditions as required by the HOME Program.

The proposed Owner-Occupied Rehabilitation (OOR) program will provide assistance to homeowners with household incomes at or below 80% of the area median income (AMI) to fund home repairs for the correction of items which jeopardize the health and safety of the occupants. Units being assisted must be clear of all code violations and all major components of the unit must have a useful life of five years upon completion of work. All work must be performed by a licensed contractor and meet building code standards. Units are eligible for reconstruction when the cost to repair the unit exceeds the cost to construct a new unit in its place. Reconstructed units must be replaced by a like-unit - no additions of bedrooms or bathrooms are allowed unless justified due to overcrowding. Financing is provided up to the maximum allowed per bedroom as established by the US Dept. of Housing & Urban Development (HUD) annually. Properties’ after-rehabilitation value may not exceed the maximum purchase price/value limit, also established by HUD annually. Financing is provided as deferred payment, zero interest loans, with a 30-year term, due and payable upon sale or transfer of title.

The proposed First-Time Homebuyer (FTHB) program will provide secondary financing to first-time homebuyers with household incomes at or below 80% of area median income (AMI) for downpayment 23 of 249

Page 2 of 2 ends

assistance, closing costs and gap financing in the purchase of existing or new single-family homes.

Financial assistance is available for up to 50% of the maximum purchase price or the maximum subsidy limit as established by HUD annually, whichever is less. Loans are zero interest, deferred payment loans with a term of 45 years and become due and payable upon sale or transfer of title. The amount of HOME assistance provided is based on household income, housing and debt ratios, the maximum loan a borrower qualifies for with a primary lender, and the purchase price of the unit. Homes purchased may not exceed the maximum purchase price limits established by HUD annually.

Staff propose that the City submit a HOME PI application in the amount of $553,663 in Program Income cash-on-hand, plus future Program Income receipts, to provide qualified households with FTHB or OOR assistance within the city limits of Livingston. This amount includes allowable activity delivery costs that will be used to pay the City’s intended subrecipient, Self-Help Enterprises (SHE), for the implementation of both programs. General Administration (GA) costs to SHE will not exceed 10% of the City’s PI balance, per State regulations. As of 06/30/2026, the City’s activity balance of HOME PI is $498,297 and the balance of HOME PI for General Administration is $55,366, for a total of $553,663.

The proposed budget of PI cash-on-hand to SHE is as follows:

Program
Activity Funds
(including
activity delivery
costs)
General
Admin Funds
TOTAL
(PI cash-onhand)
First-Time
Homebuyer Program $249,148.50 $27,683.00 $276,831.50
Owner-Occupied
Rehabilitation
Program
$249,148.50 $27,683.00 $276,831.50
TOTAL $498,297 $55,366 $553,663
FISCAL IMPACT:

Funds have been allocated in the adopted Fiscal Year 2026-2027 budget in Fund 1214 – HOME PI in account 1214-700-4310 – Contract Services.

ATTACHMENTS:

1. Resolution
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GOVERNING BOARD RESOLUTION
RESOLUTION NO. 2026 - XXX

THE GOVERNING BOARD OF

CITY OF LIVINGSTON
____________________________________________________________________________________ HEREBY AUTHORIZES: Submittal of an application to the California Department of Housing and Community Development for funding under the HOME Investment Partnerships Program (HOME); and if selected, the execution of a Standard Agreement, any amendments thereto, and of any related documents necessary to participate in the HOME Program.

WHEREAS:

A. The California Department of Housing and Community Development (the “Department”) is authorized to allocate HOME Investment Partnerships Program (“HOME”) funds made available from the U.S. Department of Housing and Urban Development (“HUD”). HOME funds are to be used for the purposes set forth in Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing with section 8200.

B. On August 4, 2026, the Department authorizes the use of HOME Program funds specifically derived from Program Income.

C. In response to the PROGRAM INCOME, City of Livingston, a municipal corporation (the “Applicant”), wishes to apply to the Department for, and receive an allocation of, HOME funds.

IT IS NOW THEREFORE RESOLVED THAT:

1. In response to the above referenced HOME Program Income, the Applicant shall submit an application to the Department to participate in the HOME Program Income and request up to Five-Hundred Fifty-Three Thousand SixHundred Sixty-Three Dollars ($553,663), of current funds, along with any additional future program income, to support the following activities and programs:

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First-Time Homebuyer Program
Owner-Occupied Rehabilitation Program
to be located in the city limits of the City of Livingston

2. If the Application for funding is approved, then the Applicant hereby agrees to use the HOME funds for eligible activities in the manner presented in its Application as approved by the Department in accordance with the statutes and regulations cited above. The Applicant will also execute a Standard Agreement with the Department, any amendments thereto, and any and all other documents or instruments necessary or required by the Department or HUD for participation in the HOME program.

3. The Applicant hereby authorizes and directs the City Manager or Director of Finance or designee to execute, in the name of the Applicant, the HOME Standard Agreement, other HOME-related contracts and conveyances, and any subsequent amendments thereto.

4. The Applicant hereby authorizes the City Manager or Director of Finance or designee, to execute, in the name of the Applicant, drawdown requests and any other HOME Program form requiring a signature, as may be required by the Department from time to time.

PASSED AND ADOPTED THIS 4th DAY OF August 2026, BY THE FOLLOWING VOTE:

Instruction: Fill in all four vote-count fields below. If none, indicate “0” for that field.

AYES:_____ NAYS:_________ ABSTAIN:_______ ABSENT:________ ________________________________
Jose A. Moran, Mayor
________________________________
City Attorney

CERTIFICATION OF ATTESTING OFFICER
The undersigned City Clerk of the Applicant does hereby attest and certify that the foregoing is a true and full copy of a Resolution of the governing board of the Applicant 26 of 249
passed and adopted at a duly convened meeting on the date set forth above, and said Resolution has not been altered, amended, or repealed and is in full force and effect. ____________________ _________________________ ______________ Name Signature Date
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STAFF REPORT
AGENDA ITEM: Adopt a Resolution Approving an Employment Agreement with John Ramirez to Serve as Interim Chief of Police for the City of Livingston, and Authorizing the City Manager to Sign All Related Documents MEETING DATE: August 4, 2026

PREPARED BY: Arcelia Cruz, Human Resources Coordinator
REVIEWED BY: Jose Ramirez, City Manager

RECOMMENDATION
It is recommended that the City Council adopt a resolution approving an Employment Agreement with John Ramirez to serve as Interim Chief of Police for the City of Livingston and authorizing the City Manager to sign all related documents.

BACKGROUND
Since July 3, 2025, John Ramirez has served as the City’s Interim Chief of Police, providing leadership and oversight of the Livingston Police Department operations during a period of organizational transition. Staff recommends approval of a new Employment Agreement to continue Mr. Ramirez’s service in this role. Approval of this Agreement will ensure continuity within the Department while the City continues evaluating its long-term leadership needs.

DISCUSSION
Staff recommends approval of the proposed Employment Agreement to allow John Ramirez to continue serving as Interim Chief of Police. Continuation of the current leadership arrangement provides operational stability and preserves continuity within the Department.

Under the proposed Agreement, the Interim Chief will continue to:
• Direct and oversee all Police Department operations;
• Manage departmental personnel, programs, and budget resources; • Ensure compliance with applicable laws, regulations, and City policies; • Advise the City Manager regarding public safety and law enforcement matters; • Represent the Department before the City Council, community organizations, and partner agencies;
• Support the City's strategic public safety objectives and organizational priorities.

Key provisions of the proposed Employment Agreement include:
• Term: Effective July 21 and continuing until 30 days after a permanent Chief of Police is appointed, unless otherwise terminated under the terms of the Agreement. • Compensation: Base Salary of $170,253.64 and benefits as outlined in the Agreement. 28 of 249

2 of 2
• Employee remains a member of the Supervisory Employee Association Bargaining Group and shall continue to be represented by this bargaining unit for all purposes, except as expressly modified by the Agreement.

Staff believes continuation of Mr. Ramirez’s appointment as Interim Chief of Police is in the best interests of the City and will provide sustained leadership and operational consistency for the Police Department.

ENVIRONMENTAL REVIEW
Approval of an Employment Agreement is not a project subject to the California Environmental Quality Act (CEQA) because it involves administrative and organizational activities that will not result in a direct or reasonably foreseeable physical change in the environment.

FISCAL IMPACT
The costs associated with the proposed Employment Agreement for the Interim Chief of Police have been included in the adopted budget for fiscal year 2026-2027.

ATTACHMENTS

1. Resolution No. 2026-

2. Interim Chief of Police Employment Agreement
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RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING

AN EMPLOYMENT AGREEMENT WITH JOHN RAMIREZ FOR CONTINUED

SERVICE AS INTERIM CHIEF OF POLICE
WHEREAS, John Ramirez has served as the City’s Interim Chief of Police since approximately July 3, 2025; and
WHEREAS, during that period, John Ramirez has provided executive leadership and management of the Police Department and has overseen the continued delivery of public safety services to the community; and
WHEREAS, the City Council desires to continue the employment of John Ramirez as Interim Chief of Police under the terms and conditions set forth in the proposed Employment Agreement; and
WHEREAS, the City Council finds that continuation of John Ramirez’s service as Interim Chief of Police will promote leadership continuity, operational stability, and effective administration of the Police Department; and
WHEREAS, the proposed Employment Agreement has been reviewed by the City Attorney and is in a form acceptable to the City.

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

Section 1. The foregoing recitals are true and correct and are incorporated herein by this reference.

Section 2. The City Council hereby approves the Employment Agreement between the City of Livingston and John Ramirez for continued service as Interim Chief of Police.

Section 3. The City Manager is authorized and directed to execute the Employment Agreement on behalf of the City, and to take all actions necessary to implement the Agreement.

Section 4. The compensation and benefits provided for in the Employment Agreement are hereby approved and shall be paid in accordance with the terms of the Agreement.

Section 5. This resolution shall take effect immediately upon adoption.

I hereby certify that the foregoing Resolution No. 2026-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 4th day of August 2026, by the vote recorded as follows:
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Page 2 of 2 ends

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

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

APPROVED AS TO LEGAL FORM
________________________
City Attorney or Assistant City Attorney
of City of Livingston
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CITY OF LIVINGSTON

EMPLOYMENT AGREEMENT
1 THIS EMPLOYMENT AGREEMENT, (hereinafter referred to as the “Agreement”) is made and entered into on July 21, 2026, by and between the City of Livingston, a municipal corporation in the State of California (hereinafter referred to as the “CITY”) and John Ramirez (hereinafter referred to as “EMPLOYEE”).

AGREEMENT

1. EMPLOYMENT & DUTIES

1.1 Duties. The CITY hereby appoints EMPLOYEE as the Interim Chief of Police for the CITY to conduct law enforcement management, supervision, and training, such that the CITY can continue to comply with state mandated and recommended departmental governance. The CITY reserves the right to adopt and/or amend the job description and functions and duties for the position of chief of police, as it deems necessary and appropriate, without requiring EMPLOYEE’s acquiescence or an amendment of this AGREEMENT. EMPLOYEE shall perform such other legally permissible and proper functions and duties as the City Manager shall, from time to time, direct or assign as appropriate to the position of chief of police. EMPLOYEE shall perform all of these functions and duties in an efficient, competent, and ethical manner and shall devote EMPLOYEE’s best efforts and full-time attention thereto.

1.2 Work Schedule. It is recognized that the chief of police is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the CITY. EMPLOYEE acknowledges that proper performance of the duties of chief of police will require EMPLOYEE to generally work at least 40 hours per week and observe normal business hours, 8:00 am to 5:00 pm, Monday through Friday, and may also often require the performance of necessary services outside of normal business hours.

1.3 Fair Labor Standards Act Non-Exempt Status. EMPLOYEE acknowledges and agrees that the interim chief of police position is that of an “non-exempt” employee for the purposes of the federal Fair Labor Standards Act (“FLSA”) and EMPLOYEE shall be entitled to compensation for overtime subject to overtime provisions of the FLSA.

1.4 Employment Status. EMPLOYEE shall serve under the direction of the City Manager and shall faithfully perform the duties assigned to the position. Nothing in this Agreement shall be construed to alter or diminish any rights afforded to EMPLOYEE under the applicable Memorandum of Understanding, City personnel rules, or state or federal law, including any rights relating to discipline, appeal, grievance, or due process.
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Disciplinary action, including suspension, demotion, or termination, shall be administered in accordance with the applicable Memorandum of Understanding, personnel rules, and applicable law.

1.5 Bargaining Unit Status. EMPLOYEE shall remain a member of the Supervisory Employee Association Bargaining Group and shall continue to be represented by this bargaining unit for all purposes, except as expressly modified by this Agreement. Nothing in this temporary assignment shall be construed as removing EMPLOYEE from Supervisory Employee Association Bargaining Group or altering EMPLOYEE’s bargaining unit status.

1.6 Other Activities. EMPLOYEE shall focus his professional time, ability, and attention to the CITY’s business during the term of this AGREEMENT. EMPLOYEE shall not engage, without the express prior written consent of the City Manager, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the CITY, that might cause a conflict-of-interest with the CITY, or that otherwise might interfere with the business or operation of the CITY or the satisfactory performance of the functions and duties of the chief of police.

1.7. Exclusion from Competitive Service. EMPLOYEE understands, acknowledges, and agrees that EMPLOYEE is exempt from the CITY’s competitive service.

1.8 CITY Documents. All data, studies, reports and other documents prepared by EMPLOYEE while performing his duties during the term of this AGREEMENT shall be furnished to and become the property of the CITY, without restriction or limitation on their use. All production and/or development of memoranda, written information, and other materials either created by or provided to EMPLOYEE in connection with the performance of this AGREEMENT shall be held confidential by EMPLOYEE to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. No such materials may be disclosed to any person or entity not connected with the performance of services under this AGREEMENT, except as required by (i) law, (ii) any governmental agency, (iii) subpoena, or (iv) an order issued by a court of competent jurisdiction.

1.9 Compliance with Workplace Conduct Rules. With respect to workplace conduct, EMPLOYEE shall be subject to any and all of the CITY’s anti-discrimination, harassment, and/or retaliation policies and other workplace conduct rules and regulations adopted by the CITY.

1.10 Compliance with POST Standards. EMPLOYEE shall be required to meet the requirements of the Peace Officers Standards and Training (“POST”) guidelines set forth in Title 8 of the California Code of Regulations through his employment. 33 of 249
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2. COMPENSATION

2.1 Compensation and Benefits. For the services rendered pursuant to this AGREEMENT, EMPLOYEE’s compensation shall be as follows:
a. Base salary. $170,253.64 annually. Step E, plus 5% Out of Class Pay, paid at the same time as other employees of the CITY are paid. EMPLOYEE’s pay shall be subject to normal and proper withholdings as determined by state and federal law and as determined appropriate by the CITY and shall be subject to payroll taxes, workers’ compensation, and other payroll-related liability costs. b. Health Benefits. EMPLOYEE’s health benefits shall be consistent with the amount provided to employees under the then-current version of the Management and Confidential Employee Bargaining Unit which is currently that the CITY pays 80% of the EMPLOYEE’s city-offered medical insurance premiums, and EMPLOYEE pays 20%.
c. Administrative Leave. EMPLOYEE will receive a maximum of 80 hours of administrative leave, credited upon execution of the agreement. Any unused administrative leave will not be payable or carried over when the temporary agreement ends.
d. Remaining Benefits. All other benefits provided shall be consistent with the terms and amounts provided to employees under the then-current version of the terms of the Supervisory Employee Association Bargaining Group Memorandum of Understanding (“MOU”).
e. CITY-Provided Vehicle. EMPLOYEE will be provided a CITY vehicle to be used during the performance of official duties as police chief. EMPLOYEE shall be subject to any applicable CITY policies, rules, and requirements with respect to use of a CITY vehicle.

2.2 Pro Rata Decrease. EMPLOYEE acknowledges and agrees that the Base Salary established within this AGREEMENT may be subject to pro rata decrease should the City Council adopt an unpaid Mandatory Furlough Program as a budgetary measure.

2.3 Taxes on Benefits. EMPLOYEE understands and agrees that the CITY makes no assurances regarding the taxability of benefits, as such issues are subject to the Internal Revenue Code and related laws.

2.4 Changes in Benefits. EMPLOYEE acknowledges that the City Council may from time to time revise employee benefits, which may change the level of 34 of 249
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compensation (exclusive of EMPLOYEE’s base salary) or benefits provided to EMPLOYEE. In such event, amendment of this AGREEMENT shall not be required and EMPLOYEE shall be provided benefits according to the terms of the Supervisory Employee Association Bargaining Group MOU then in effect. Furthermore, revision to the terms of the Supervisory Employee Association Bargaining Group MOU, such that it changes the benefits provided in this AGREEMENT, shall not be deemed a breach of this AGREEMENT.

3. TERM

3.1 Effective Date. The effective date of this AGREEMENT shall be July 21, 2026 (“Effective Date”).

3.2 Term. The AGREEMENT shall remain in effect until thirty (30) days after a permanent Chief of Police is appointed, unless otherwise terminated under the provisions of this AGREEMENT.

3.3 Nothing in this section shall or is intended to prevent, limit, or otherwise interfere with the right of the CITY or EMPLOYEE to terminate the employment of EMPLOYEE prior to the expiration of this AGREEMENT or any extension thereof.

4. TERMINATION BY EMPLOYEE

4.1 Resignation. EMPLOYEE may terminate this AGREEMENT by resignation at any time, provided EMPLOYEE provides the City Manager with at least thirty (30) days’ advance written notice. If EMPLOYEE terminates this AGREEMENT by resignation, he shall not be entitled to any severance.

4.2 Retirement. EMPLOYEE may terminate this AGREEMENT by his retirement at any time upon eligibility for retirement, provided EMPLOYEE provides the City Manager with at least ninety (90) days’ advance written notice.

5. TERMINATION BY CITY

5.1 Termination of Interim Assignment. Nothing in this Agreement shall be construed to alter EMPLOYEE's status as a member of the Supervisory Employee Association bargaining unit or to waive any rights afforded to EMPLOYEE under the applicable Memorandum of Understanding, Personnel Rules, City policies, or applicable law.

To the extent EMPLOYEE is subject to disciplinary action affecting EMPLOYEE's underlying employment status, compensation, or benefits, such action shall be administered in accordance with the applicable Memorandum of Understanding, 35 of 249
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Personnel Rules, and applicable law, including any required notice, appeal, or due process rights.

The Interim Chief of Police assignment serves at the discretion of the City Manager.

EMPLOYEE shall have no property interest in continued assignment to the position of Interim Chief of Police, and the City Manager may end the assignment at any time.

Such removal from the interim assignment shall not, by itself, constitute termination of City employment.

5.2 Cooperation with City. After Notice of Resignation or Termination, EMPLOYEE shall cooperate with the CITY, as requested by the City, to effect a transition of EMPLOYEE’s responsibilities and duties and to ensure that the CITY is aware of all matters being handled by EMPLOYEE.

5.3 Return to Former Position. Upon termination of this Agreement, EMPLOYEE shall return to the position of full-time permanent Lieutenant with the City of Livingston Police Department. EMPLOYEE’s rate of pay upon return to the position of full-time permanent Lieutenant shall be at Step E of the Lieutenant salary schedule, which is $162,146.33 annually.

5.4 Waiver of Severance Pay. EMPLOYEE shall not be entitled to severance pay and EMPLOYEE expressly waives any and all rights with respect to severance pay.

6. OTHER COMPENSATION
The CITY intends to provide EMPLOYEE benefits consistent with the thencurrent version of the terms of the Supervisory Employee Association Bargaining Group MOU or Livingston Municipal Code. Specifically, EMPLOYEE shall be entitled to the following benefits:

6.1 Injury on Duty. CITY is insured for employee injuries which occur during the course of employment. EMPLOYEE should report any on-the-job injury or illness to the City Manager or designee immediately. The CITY’s workers’ compensation program is administered under the workers’ compensation laws of the State of California through Acclamation Insurance Management Services (“AIMS”).

6.2 Reimbursement for Expenses. CITY shall reimburse EMPLOYEE for reasonable out-of-pocket expenses incurred while performing the duties set forth in EMPLOYEE’s job description ,as provided by the terms of the Supervisory Employee Association Bargaining Group MOU, as it may be amended from time to time.

6.3 Electronic Equipment. EMPLOYEE shall be provided a mobile phone to be used for official CITY business only.
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6.4 Peace Officer Standard Training (“POST”). EMPLOYEE shall receive reimbursement for maintaining POST certification, including related training and associated expenses.

7. INDEMNIFICATION

7.1 To the extent mandated by the California Government Code, the CITY shall defend, hold harmless, and indemnify EMPLOYEE against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of EMPLOYEE’s services under this AGREEMENT. This section shall not apply to any intentional tort or crime committed by EMPLOYEE, to any action outside the course and scope of EMPLOYEE’s employment, or any other intentional or malicious conduct or gross negligence of EMPLOYEE.

7.2 Bonds. The CITY shall bear the full cost of any fidelity or other bonds, which may be required in the performance of EMPLOYEE’s services under this AGREEMENT.

8. GENERAL PROVISIONS

8.1 Entire Agreement. This AGREEMENT represents the entire AGREEMENT and understanding between the Parties and supersedes any and all other agreements and understandings, either oral or in writing, between the Parties with respect to EMPLOYEE’s employment by the CITY and contains all of the covenants and agreements between the Parties with respect to such employment. Each Party to this AGREEMENT acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by either Party, or anyone acting on behalf of either Party, which are not embodied herein, and that no other agreement, statement or promises not contained in this AGREEMENT shall be valid or binding upon either Party.

8.2 Amendment. This AGREEMENT may be amended at any time by the mutual consent of the Parties by an instrument in writing.

8.3 Notices. Any notice required or permitted by this AGREEMENT shall be in writing and shall be personally served or shall be sufficiently given when served upon the other Party as sent by United States Postal Service, postage prepaid and addressed as follows:

To CITY: EMPLOYEE:

City Manager John Ramirez
City of Livingston [Address on File with Human Resources] 1416 C Street
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Livingston, CA 95334
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.

8.4 Conflicts Prohibited. During the term of this AGREEMENT, EMPLOYEE shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of EMPLOYEE’s duties under this AGREEMENT. EMPLOYEE shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1126 of the Government Code, and all other similar statutory and administrative rules.

8.5 Effect of Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this AGREEMENT by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

8.6 Partial Invalidity. If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

8.7 Governing Law and Venue. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each Party hereto. Venue for any alleged dispute arising from this AGREEMENT shall be the Merced County Superior Court.

8.8 Attorney Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs in addition to any other relief to which that party may be entitled.

8.9 Independent Legal Advice. EMPLOYEE and CITY represent and warrant to each other that each has received legal advice from an independent and separate legal counsel with respect to the legal effect of this AGREEMENT, or had the opportunity to do so, and the CITY and EMPLOYEE further represent and warrant that each has carefully reviewed this entire AGREEMENT and that each and every term thereof is understood and that the terms of this AGREEMENT are contractual and not a mere recital. This AGREEMENT shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof. 38 of 249
City of Livingston
Employment Agreement

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8.10 Conflicting Language. In the event of a conflict in language between this AGREEMENT and the terms of the Supervisory Employee Association Bargaining Group MOU, the language in this AGREEMENT shall control.

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

City: Employee:

Jose Antonio Ramirez John Ramirez
City Manager Interim Chief of Police
ATTEST:

By:

Monica Cisneros, Interim City Clerk

APPROVED AS TO FORM
By:

Marc Barraza Tran, City Attorney or
Assistant City Attorney
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STAFF REPORT
AGENDA ITEM: Resolution Approving An Agreement with Feezza, Inc. for Website Design and Installation, and Ongoing Support for Website Software

MEETING DATE: July 21, 2026
PREPARED BY: Jose A. Ramirez, City Manager

RECOMMENDATION
Staff recommends that the City Council adopt a Resolution approving an agreement with Feezza, Inc. for Website Design and Installation, and Ongoing Support for Website Software.

BACKGROUND/DISCUSSION
The City is seeking the services of a website development firm to redesign, develop, host, and maintain the City’s official website. The goal of the project is to modernize the existing site, improve usability for constituents and staff, and comprehensive content management. The selected contractor shall deliver a secure ADA- Compliant website.

The City is in need of replacing its existing webpage to provide accessibility standards under the federal ADA guidelines and WCAG 2.1 Level AA standards to ensure navigation for users with visual, auditory, cognitive, and physical impairments (pursuant to Government Code section 7405 (electronic technology) and 11135 (discrimination)).

It is imperative that the City provide simple electronic access to public services, serve as a public communications tool, and streamline business operations. To further the City’s roles, the City must provide a website that (1) has easy access to City services, (2) adapts to evolving technology and laws, (3) allows City staff to manage the website’s content, and (4) is used as a public communication tool.

This proposed contract is exempt from bidding because it involves the provision of professional services. LMC § 1-11-10 (A). IT and website creation services qualify as professional services because the project requires specialty knowledge and various certifications and licensure.

Nonetheless, to ensure competitiveness of rates and suitability of services, City staff obtained multiple quotes and invited vendors to provide demonstrations. After evaluating potential vendors, City staff concluded Feezza, Inc. is the best choice.

Below, you will find a summary of cost for the three vendors:

Charges Civic Plus Feezza Catalist
Total for a fiveyear term$42,500 $45,220 $10,604.80
Implementation
Fee
$5,000 Waived $8,400
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DocAccess Annual Subscription
$5,928.60 plus
$1,500 for One-Time
Implementation Fee
Included (no extra
fee)
Included (no extra
fee)
AudioEye Annual Subscription:
$3,200 plus One-time
Implementation Fee: $500
Included (no extra
fee)
Included (no extra
fee)
The agreement, should Council approve it, is for an initial five (5) year period. The five-year period costs a total of $45,220.00. It includes annual payments of $9,044. Included in the agreement is the option for two (2) one-year extensions. These extensions can be initiated by staff upon mutual agreement by the City and Feezza, Inc.

FISCAL IMPACT
Funds have been appropriated in the current budget for the Finance Department to cover the cost of these services.

ATTACHMENTS

1. Resolution

2. Quotes

3. Agreement
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RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING AN AGREEMENT WITH FEEZZA, INC. FOR WEBSITE DESIGN AND

INSTALLATION, AND ONGOING SUPPORT FOR WEBSITE SOFTWARE

WHEREAS, The City is seeking the services of a website development firm to redesign, develop, host, and maintain the City’s official website. The goal of the project is to modernize the existing site, improve usability for constituents and staff, and comprehensive content management. The selected contractor shall deliver a secure ADA- Compliant website.

WHEREAS, The City is in need of replacing its existing webpage to provide accessibility standards under the federal ADA guidelines and WCAG 2.1 Level AA standards to ensure navigation for users with visual, auditory, cognitive, and physical impairments (pursuant to Government Code section 7405 (electronic technology) and 11135 (discrimination)); and
WHEREAS, it is imperative that the City provide simple electronic access to public services, serve as a public communications tool, and streamline business operations; and WHEREAS, to further the City’s roles, the City must provide a website that (1) has easy access to City services, (2) adapts to evolving technology and laws, (3) allows City staff to manage the website’s content, and (4) is used as a public communication tool; and WHEREAS, This proposed contract is exempt from bidding because it involves the provision of professional services. LMC § 1-11-10 (A). IT and website creation services qualify as professional services because the project requires specialty knowledge and various certifications and licensure.

WHEREAS, Nonetheless, to ensure competitiveness of rates and suitability of services, City staff obtained multiple quotes and invited vendors to provide demonstrations. After evaluating potential vendors, City staff concluded Feezza, Inc. is the best choice.

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

1. Find the above recitals are true and correct.

2. Authorize the City Manager of the City of Livingston to execute the Agreement and any and all documents necessary to effectuate the Agreement on behalf of the City.

3. This resolution is effective immediately upon adoption.

I hereby certify that the foregoing Resolution No. 2026-_____ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 4th day of August 2026, by the vote recorded as follows:
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AYES:

NOES:

ABSTAIN:

ABSENT:

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

APPROVED AS TO LEGAL FORM
____________________________________
City Attorney or Assistant City Attorney

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Catalis Quote Page | 1
Catalis
3025 Windward Plaza, Suite 200
Alpharetta, GA 30005
Quote Date: July 23, 2026
Valid for 60 days.

Quote – Website & Mass Notifications

CUSTOMER INFORMATION
Customer: Livingston, CA Email: [email protected] Contact Person: Monica Cisneros Phone: (209) 394-5544
Catalis Representative: Aaron Mittlieder, [email protected], 402-215-3439

PRICING

1. Fee Summary
Software Subscription Fees for Year 1 Total: $8,400
Professional Services One-time Fees Total: $8,400*
Yearly subscriptions include our standard 6% uplift/year.

2. Software Subscription Fees
Year 1
Catalis Website (Content Management System)
Annual Product Subscription $ 8,000.00
Catalis Mass Notifications
Annual Product Subscription $ 4,000.00
Total Subscription Fees (30% Bundled Discount) $ 8,400.00

3. One-Time Professional Services Fees
Implementation - Website
Professional Services $ 10,000.00*
Implementation - Mass Notifications
Professional Services $ 2,000.00*
Total One-Time Services Fees (30% Bundled Discount) $ 8,400.00* *Subject to full SOW (PDFs to HTML forms)
If you would like to move forward with purchasing a Subscription, please reach out to your Catalis Representative for an Order Form.
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Monica Cisneros
From:

Sent:

Steven Skok < [email protected] >
Friday, June 5, 2026 1 :23 PM
To:

Subject:

Jose A. Ramirez; Martha Abeloe; Happy Bains; Monica Cisneros RE: Livingston City CA
Attachments: Sole Source DocAccess .pdf; Audioeye-factsheet-Automated Accessibility Remediation by first-hand users of assistive technology_.pdf; Central Migrations - Content OnePager.pdf I C) External ([email protected])
Safe Spam Phish More.. Quarantine Allow & Block
Hi Martha, Monica, Jose, and Shukrash,
Thank you all for taking the time to meet with me today. I enjoyed the opportunity to walk through the new CivicPlus platform and discuss your website modernization goals.

I appreciate how proactive Livingston is regarding accessibility and compliance. It was great to review the accessibility capabilities of the platform, including AudioEye for website accessibility monitoring and remediation, as well as DocAccess for PDF remediation and document accessibility.

Based on our discussion, the solution you're most interested in includes:

Premium Design + Full Suite
• Premium Design (12 modules): $5,000 annually
• Full Suite Add-On: $3,500 annually
• Total Annual Investment: $8,500 annually
• One-Time Premium Design Implementation Fee: $5,000
Please note that the implementation fee has been significantly discounted from the standard $1 0, 000- $15, 000 range.

DocAccess (PDF Remediation)
• Annual Subscription: $5,928.60
• One-Time Implementation Fee: $1,500
AudioEye
• Annual Subscription: $3,200
• One-Time Implementation Fee: $500
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As discussed, for accessibility there will also be a prorated amount applied and a 50% discount to year one
I am currently building out the agreement and pricing documentation for your review. You should expect to receive the agreement from me on Monday or Tuesday.

Thank you again for your time and engagement during today's meeting. I look forward to reconnecting within the next week to answer any remaining questions, finalize the details, and begin planning for implementation.

I appreciate you,
Steven Skok
Account Manager • M: 850 692 7010
CMc.JllilS.@m

80.Qlul Mee.ling w_it.b DUU,lick..linkbfilow
Link to - General Account Discussions
Link to - Open to Central Starter - Migration discussions Link to - Meeting and Agenda Management - Migration Discussion Link to - ADA Compliance - Accessibility
Link to - Process Automation and Digital Forms
Link to - Mass Notification
Response times may be slower than usual, due to workload increase. Thank you! Drupal 10 - Web Open
Link to Tech Support
Link to Status Pages
Link to Help Center
Web Central
Link to Help Center
Phone(888)228-2233
(7 a.m. - 7 p.m. CST) Link to Free Training Tech Support [email protected] -----Original Appointment-----
From: Steven Skok <[email protected]>
Sent: Friday, May 22, 2026 10:06 AM
To: [email protected]; Steven Skok; [email protected]; [email protected]; [email protected]
Cc: Conference Room
Subject: Livingston City CA
When: Friday, June 5, 2026 12:00 PM-12:30 PM (UTC-08:00) Pacific Time (US & Canada).

Where: See details below
2 civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 Sole Source Procurement Justification
Vendor: CivicPlus, LLC f/k/a Streamline Software, Inc. (DocAccess) Product: DocAccess SaaS Platform

1. Background and Purpose
To our requesting client, that needs the platform to ensure all public-facing documents and PDFs are accessible and compliant with federal and state accessibility laws, including Section 508 of the Rehabilitation Act and the Americans with Disabilities Act (ADA). Your team must rapidly and costeffectively bring thousands of legacy and new documents into compliance and provide ongoing accessible access for all residents, including those with disabilities.

2. Description of Goods/Services
DocAccess is a Software-as-a-Service (SaaS) platform that:
● Automates PDF and document accessibility remediation at scale. ● Generates accessible transcripts and alternative formats, including HTML and screenreader-friendly views.
● Provides AI-powered question-answering for uploaded documents, improving public access and transparency.
● Integrates with government websites without the need for custom development or infrastructure changes.
● Maintains ongoing compliance through continuous monitoring, reporting, and support for accessibility standards (WCAG 2.1 AA, PDF/UA, ADA, Section 508).

3. Sole Source Justification
a. Unique Capabilities
● Automated Accessibility: DocAccess is the only solution that can batch process, remediate, and publish accessible versions of government documents at the volume and speed required, without manual intervention.
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civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 ● Integrated AI Assistance: The platform’s AI-driven question-answering and dynamic transcript generation are not available from any other vendor serving the public sector. ● Special District/Government Focus: DocAccess is purpose-built for U.S. government entities and has been adopted by over 2,000 special districts and local governments nationwide. ● Continuous Compliance: No alternative system provides real-time monitoring and ongoing compliance management tailored to legal environment.
b. No Comparable Alternatives
● No Other Provider Offers Equivalent Automation: Competing products require manual processing, third-party vendors, or lack government-specific features. ● Proven Track Record: DocAccess is the only platform with a documented history of supporting U.S. government organizations in achieving and maintaining digital accessibility compliance.
c. Substantial Time and Cost Savings
● Rapid Deployment: Implementation is completed in days, not months. ● Elimination of Manual Remediation: Reduces the need for staff time and expensive outside contractors.
● Immediate Risk Mitigation: Reduces legal exposure related to ADA/Section 508 noncompliance.

4. Consequences of Not Using Sole Source
● Delay in Compliance: Risk of legal action or complaint due to delayed accessibility. ● Increased Costs: Manual remediation and alternative solutions are significantly more expensive and slower.
● Loss of Public Trust: Failure to provide accessible documents undermines public confidence and inclusivity.
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civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233

5. Market Research
After evaluating multiple vendors and solutions. No alternative was found that provides:
● End-to-end automation for document accessibility,
● AI-driven document navigation,
● Real-time compliance monitoring,
● And a proven record of service to government entities in Florida and nationally.

6. Conclusion
DocAccess, provided by CivicPlus, LLC f/k/a Streamline Software, Inc., is the sole source capable of meeting your accessibility, compliance, and public transparency needs for document management. recommend proceeding with DocAccess as a sole source procurement to ensure compliance, efficiency, and accessibility for all residents.
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CivicPlus.com
Automated Accessibility Remediation by
First-Hand Users of Assistive Technology
Unlock digital accessibility excellence
with CivicPlus® and AudioEye
By harnessing the combined power of CivicPlus’ local government expertise and AudioEye’s accessibility know-how, you can make addressing website accessibility challenges an effortless, automated process. 10 Min Read
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C;» CIVICPLus·
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•••
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CivicPlus.com
What’s Your Long-Term Accessibility Plan?
Dependable Compliance and
Accessibility Solutions
Consider:
• Do you monitor your website content continuously for accessibility compliance? • Do you have accessibility experts and legal support available to fix issues 24/7? • Do you have in-depth knowledge of Web Content Accessibility Guidelines (WCAG) 2.2 and other state and federal regulations regarding digital accessibility? • Does your parks and recreation software provide compliant digital interactions for your residents? Websites are no longer static entities but living documents that continuously grow with updates and enhancements in an everevolving landscape of accessibility legislation. Identifying issues of accessibility on a government website is only half the battle. Once accessibility barriers are identified, they need to be fixed. Once fixed, the website will then require consistent monitoring to ensure that any new content meets accessibility standards. Delivering accessible and usable content is an ongoing commitment to your residents, and with the help of AudioEye, CivicPlus offers an end-to-end solution for digital accessibility, all while accommodating lean budgets and a hands-off approach.
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CivicPlus.com
Focus on digital accessibility: AudioEye specializes in providing powerful accessibility solutions. Even in cases where time and resources are limited, AudioEye offers a specialized suite of features tailored to your needs.

User testing and insights: AudioEye’s A11iance user
testing feature offers a solution to address your website’s accessibility concerns. It leverages the firsthand experiences of individuals who use assistive technology, ensuring that your website complies with accessibility standards and
provides an excellent user experience for residents with diverse accessibility needs.

Certified accessible by AudioEye: The AudioEye Trusted
Certification accounts for continuous automated testing and response processes for accessibility barriers that arise, conforming with WCAG, and delivering equal access to all users.

Three Core AudioEye Benefits:
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CivicPlus.com
AudioEye, our powerful accessibility solution partner, offers a wide range of features to enhance web accessibility compliance. Find five key features below:

CivicPlus, in partnership
with AudioEye, offers an
end-to-end for your digital
accessibility needs. Our
suite of features, combined
with the expertise of
AudioEye, guarantees
that your website will be
consumable for every
member of your community.

Expert Accessibility Remediation: Go beyond platform-specific website remediation. The A11iance tester community reviews CivicPlus websites and helps inform AudioEye’s product suite decision-making.

AudioEye-Trusted Certification: Display your commitment to accessibility through an AudioEye-Trusted Certification — the only site certification in the accessibility industry.

Accessibility Legal Support and Help Desk: Our team of legal experts will analyze claims for validity and assist you in responding line-by-line to your demand letter or legal request. Help desk staff provide end-user (resident) support from a team of experts capable of taking action. This bridge between local governments and disabled residents is often the first thing the Department of Justice (DOJ) looks for when investigation and enforcing accessibility policy.

AudioEye Toolbar: The free assistive tools embedded in the AudioEye Ally toolbar support the individualized needs of website users that leverage assistive technology and other tools to engage with digital content.

Comprehensive Conformance Reporting: Receive a summary of conformance evaluations and clickable tutorials and links directly to your pages, with instructions for implementing source code fixes.

Five Key AudioEye Features:
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CivicPlus.com
CivicPlus® is a trusted technology company dedicated to empowering government staff and powering exceptional digital experiences for residents. With a comprehensive suite of solutions that combine to form THE Modern Civic Experience Platform, we strive to create one-stop, frictionless, interactions that delight residents and help staff collaborate and work efficiently. As a result, government administrations that choose CivicPlus realize greater trust and satisfaction among their community members.

Backed by over 25 years of experience and leveraging the insights of more than 950 team members, our solutions are chosen by over 12,500 global entities and are used daily by over 340 million people in the U.S. and Canada alone. For more information, please visit civicplus.com.

AudioEye is a technology company providing digital accessibility solutions and is the industry’s first and only single solution that is fully compatible with WCAG 2.1, as well as with new and updated digital accessibility standards.

About CivicPlus
About AudioEye
12-1001-102023 |
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civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 Content Migration Overview
This migration will move your website’s core content, navigation, and structure to a new platform, ensuring accessibility, consistency, and functionality. Standard pages, embedded images/documents, verified hyperlinks, and published online forms are included. Sensitive or time-dependent items (like news, calendars, jobs), private/intranet content, and custom code are not migrated directly. You’ll receive a full report mapping old URLs to new ones, plus training and tools to help you refresh and rebuild any excluded content. Our goal is to deliver a seamless transition, empowering you to launch a site that’s accurate, accessible, and aligned with your current needs.

Content Migration Process Overview
Migrating your website content is a structured, four-phase process designed to ensure accuracy, consistency, and a smooth transition to your new platform. Here’s what you can expect at each step

1. Site Map Creation
a. We map out your current website’s navigation and menu structure, ensuring every page is accounted for and will be matched in your new site.

2. Content Migration Preparation
a. Your site map and navigation are imported into the new production website, setting the stage for a seamless migration.

3. Content Migration
a. Our editors move your content to the new site, reviewing for ADA compliance, correcting spelling, and fixing broken links. Content is placed in the most relevant modules for optimal functionality, and your pages will closely match your current site—now with improved accessibility and organization.

4. Content Finalization
a. We conduct a quality check, import your email subscribers, and provide a comprehensive report of all migrated content and backend users (via the Final Content Report). Your existing Google Analytics code is also applied to the new site.

This transparent process ensures your content is migrated accurately and efficiently, giving you a refreshed website that’s ready to serve your audience.

Included vs. Not Included
The following table provides an overview of what is included as part of the content migration and what is not included as part of the migration.
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civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 Included in Migration Not Included
Matching navigation structure of your current
website
Time-Sensitive Content: News, all calendar events,
bids, jobs, etc.

General Page Content: Text and structure of
standard pages
Unpublished content: Content protected by login
credentials
Hyperlinks: Recreated and verified for
functionality
Private Pages/Intranet: Content protected by login
credentials
Module Placement: Content moved into
appropriate site modules (Staff Directory,
Meeting materials etc.)
Minutes and agendas on current site as HTML/page
text (also considered time-sensitive/or can change
over time)
ADA Compliance: Updated for accessibility Custom Code: Not migrated directly Images & Documents: Migrated if embedded
in page content
Content updates made to your current website
during or post-migration, i.e. beyond the “Migration
cut-off date”
Open/Published Online Forms: fillable and
submittable “Webforms”
iFrames & Third-Party Links: Preserved where
applicable/as possible
All Meeting Minutes and Agenda documents
All Ordinances/Resolutions
Active Email Subscription Lists
Export of your current website's User list and
their permissions
Final Content Report, a full visual
representation of your new website with all
current website URLs and their corresponding
new URLs
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Feezza Inc | City of Livingston — Service Fee Quote Confidential Feezza Inc. | City of Livingston, California | June 2026 Service Fee Quote
Feezza Inc. | City of Livingston, California | June 2026 The following quote provides annual service fee options based on contract term length. All options include the same full scope of services, website design, development, launch, hosting, security, accessibility compliance, AI assistant, staff support, and all ongoing services as described in the Scope of Services. The setup fee is waived for all term options.

Term Options
3-Year Agreement 5-Year Agreement
Annual Service Fee $9,544 $9,044
Per Month $795 / month $754 / month
Total Over Term $28,632 $45,220
Year 1 Payments 2 installments of $4,772 2 installments of $4,522 After Initial Term Annual renewal Annual renewal
Setup Fee Waived Waived
Year 1 is split into two equal installments for the City's convenience. From Year 2 onward the full annual fee is invoiced at the start of each service year.

What Is Included — Both Options
The annual service fee covers all of the following regardless of term selected:
• Hosting, deployment, SSL certificate, and domain
configuration
• Security patches, updates, and vulnerability monitoring • Continuous accessibility quality gate and proactive
compliance updates
• Website design, development, and launch custom-built
to city specifications
• Staff administration portal with role-based access and content management
• AI resident assistant configured to city services and available 24/7
• Document accessibility automatic PDF-to-HTML
conversion
• Annual full accessibility re-scan and updated
Conformance Report
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•
Feezza Inc | City of Livingston — Service Fee Quote Confidential Feezza Inc. | City of Livingston, California | June 2026 • On-page accessibility toolbar
• Staff training session with written materials
• Direct staff support, no hourly caps, no ticket queues • Daily automated database backups with 30-day
retention
This quote is valid for 30 days from June 2026. Pricing is based on the full scope of services as described in the accompanying Scope of Services document. Questions may be directed to Feezza Inc. directly. 58 of 249
•
Feezza Inc | City of Livingston — Scope of Services Exhibit A Feezza Inc. | City of Livingston, California | June 2026 Scope of Services
Feezza Inc. | City of Livingston, California | June 2026 This Scope of Services describes the deliverables and ongoing services to be provided by Feezza Inc. to the City of Livingston under the Website Services Agreement. The final scope will be confirmed at project kickoff in collaboration with city officials and staff.

Part 1: Website Design, Development, and Launch
Feezza Inc. will design, develop, and launch the City of Livingston official website. All deliverables below are custom-built to city requirements and included in the annual service fee.

Public-facing pages:
• Home page
• Government — City Council, meeting schedule, agendas, and minutes • Departments — overview and contact information for all city departments • Community — resources, parks, events, and local information • Resources — permits, utilities, public records, business information, and employment • Document Center — centralized library with automatic PDF-to-accessible-HTML conversion • Jobs Portal — current city job openings
• Facilities — directory and online reservation requests • Service Requests — online issue reporting with reference number and status lookup • Notify Me — resident email subscriptions
• Staff Directory — city staff and department contacts
• FAQ — managed by city staff through the admin portal
• News and Events — city news articles and community events calendar • City History
Site-wide features:
• AI resident assistant — configured to city services, hours, permits, and events • Rotating announcement bar — managed through the admin portal • Full-text search across all pages, news, events, and documents • Responsive design — full functionality on mobile, tablet, and desktop • On-page accessibility toolbar
• City branding — visual design and layout determined by city officials 59 of 249
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Feezza Inc | City of Livingston — Scope of Services Exhibit A Feezza Inc. | City of Livingston, California | June 2026 Staff administration:
• Secure staff login portal with role-based access controls • Content management for all dynamic site sections
• Structured database with daily automated backups
• Live staff training session with written reference materials Accessibility and compliance:
• Full WCAG 2.1 Level AA compliance built into the site code, satisfying ADA Title II and Section 508
• Independent verification by automated axe-core scan and manual screen reader testing • Public Accessibility Statement and VPAT-style Conformance Report published on the site Part 2 — Ongoing Annual Services
Feezza Inc. will provide the following services continuously throughout the term of the agreement, included in the annual service fee.
• Managed hosting, deployment, and SSL certificate maintenance • Security patches, dependency updates, and vulnerability monitoring • Continuous accessibility quality gate, no accessibility violations can reach the live site • Proactive updates as ADA Title II and WCAG requirements evolve • Annual full accessibility re-scan and updated published Accessibility Conformance Report • Ongoing AI assistant configuration and accuracy maintenance • Direct staff support for content updates and site management, no hourly caps • Daily automated database backups with 30-day retention Out of Scope
The following are not included in this agreement and will be quoted separately upon written request if required:
• Third-party payment processing integrations
• Permit management or permit issuance software
• Utility billing systems or integrations
• Any functionality not described in Parts 1 and 2 above Any changes to this scope after agreement execution must be documented in a signed written amendment.

Questions may be directed to Feezza Inc. directly.
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•
01424.0001/1017452.1 1

CITY OF LIVINGSTON

CONTRACT PROFESSIONAL SERVICES AGREEMENT
THIS CONTRACT PROFESSIONAL SERVICES AGREEMENT (herein “Agreement”) is made and entered into on ___________, 2026, by and between the CITY OF LIVINGSTON, a municipal corporation (“City”) and Feezza, Inc., a Delaware corporation (herein “Consultant”).

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

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

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

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

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

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

2. COMPENSATION

2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, 61 of 249
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Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C” and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

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

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

3. PERFORMANCE SCHEDULE

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

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

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, 62 of 249
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riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused; Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding five (5) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for two (2) additional one-year terms.]

4. SCOPE, OWNERSHIP, USE AND DISTRIBUTION OF CITY DATA

4.1 Scope of City Data. With the exception of that information which is publicly known or available, City data [“Data”] shall consist of any and all data, including, but not limited to personal identifying information (“PII”) disclosed or provided by the City to Contractor, any and all data resulting from Contractor providing its Services to City under this Agreement, whether pursuant or incidental to the purposes of the Agreement, whether or not delivered to the City including, but not limited to, all data, files, documentation, information, communications, media, whether intangible or tangible, whether provided directly or indirectly by Contractor to provide its Services, together with any and all results of Contractor’s providing of its Services, including all data Contractor accesses, collects, modifies, develops as work product, or otherwise generates.

4.2 Ownership. All Data, including, but not limited to, the Data created and residing on Contractor’s Service Platform, shall be the exclusive property of and all ownership rights therein shall vest in the City. To the extent necessary, Contractor hereby assigns to the City any and all rights which arise out of, are developed in connection with, or are the results of the Services Contractor provides under the Agreement. This provision shall not apply to Data defined as Exceptions under Section 10 [“Proprietary or Confidential Information”].

4.3 Use of City Data. Contractor avers and covenants, on its behalf and on behalf of its personnel, employees, executives, managers, officers, vendors, subcontractors, and/or independent consultants (“Employees and Subcontractors”) to not use City Data for any purpose whatsoever other than to fulfill its obligations to City under the Agreement.

Impermissible use includes, but is not limited to, in any way, sharing or distributing the Data developed during or resulting from the provision of its Services hereunder other than as expressly provided in Section 4.4 hereunder.

Contractor shall fully indemnify City for any claims against City resulting from Contractor’s, including Contractor’s Employees and Subcontractors, use of City Data in violation of this provision.
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4.4 Distribution or Sharing of City Data. Notwithstanding any other law or provision of this Agreement, Contractor shall, during its provision of Services to City as called for hereunder, take all steps necessary to assure that all Data resulting from its Services is kept confidential and disclosed only with the prior written permission of the City by an authorized representative: (1) only to Contractor’s Employees and Subcontractors with an absolute need to have access to the Data, and (2) to the City Project Manager for such dissemination as the City Project Manager, in its sole discretion, determines should be made; or (3) as required by law.

Contractor shall fully indemnify City for any claims against City resulting from Contractor’s, including Contractor’s Employees and Subcontractors, distribution or sharing of the Data in violation of this provision.

4.5 Access to City Data. Contractor and its Employees and Subcontractors shall be limited to accessing only that City Data necessary to perform the Services under this Agreement.

5. SECURITY OF CITY DATA

5.1 City Data is highly sensitive, confidential and is of paramount importance to the City because unauthorized disclosures of the City Data could seriously harm City and possibly third parties. Contractor acknowledges that City, in entering into this Agreement with Contractor, is relying upon Contractor’s professional expertise, know-how, judgment, and experience that the integrity of the security, availability and processing of its System protects and preserves the confidentiality and privacy of the City Data.

5.1.1 Further, Contractor warrants that, at all times, Contractor will use industry-standard management practices, technologies and security, including, but not limited to, technical, physical, and administrative security measures updated to keep up with emerging threats to protect the integrity, safety and security, including, but not limited to, protection from unauthorized access, destruction, use, modification, or disclosure, of City Data in both physical and electronic form and that its System will maintain and ensure that the City Data remains secure and does not through any of Contractor’s, including Contractor’s Employees and Subcontractors, actions or lack of thereof become vulnerable to unauthorized access by third parties.

5.2 Notwithstanding as may be otherwise provided in this Agreement and with the exception of those instances for which City is responsible, Contractor avers and covenants to be solely responsible for restoring and correcting any corruption to City Data that occur by reason of Contractor’s, including its Employees and Subcontractors, actions or lack thereof, including ransomware attacks upon Contractor, and to fully indemnify City for any claims against City resulting from corruption of City Data and other injuries ensuing from, but not limited to, the herein forestated events.

6. DATA INCIDENT

6.1 Contractor shall implement and maintain a program for managing unauthorized disclosures of, access to, or use of City Data however they may occur (“Data 64 of 249
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Incident”). In case of a Data Incident, or if Contractor knows or reasonably suspects a Data Incident has occurred, Contractor shall:

6.1.1 Promptly, and in any case in a manner to ensure notice within 24 hours of Contractor’s discovery, notify City Manager or designee of the Data Incident or suspected Data Incident;

6.1.2 Cooperate with City and law enforcement agencies, where applicable, to investigate and resolve the Data Incident, including without limitation by providing reasonable assistance to City in notifying injured third parties; and

6.1.3 Otherwise comply with applicable laws governing data breach notification and response.

6.2 In case of a Data Incident or reasonably suspected Data Incident, Contractor shall, upon request by City:

6.2.1 Immediately conduct a reasonable investigation of the reasons for and circumstances surrounding such Data Incident or reasonably suspected Data Incident;

6.2.2 Use best efforts and take all necessary actions to prevent, contain, and mitigate the impact of, such Data Incident or reasonably suspected Data Incident;

6.2.3 Collect and preserve all evidence concerning the discovery, cause, vulnerability, remedial actions and impact related to such Data Incident or reasonably suspected Data Incident, which shall meet reasonable expectations of forensic admissibility; and

6.2.4 document the incident response and remedial actions taken in detail, which shall meet reasonable expectations of forensic admissibility.

6.3 If the Data Incident results from Contractor’s, including Employees and Subcontractors, breach of this Agreement or negligent or unauthorized act or omission, including without limitation those of its Employees and Subcontractors , Contractor shall:

6.3.1 Indemnify City for any reasonable expense related to notification of consumers and any and all costs incurred by the City in response to the Data Incident, and third party claims against the City arising from or related to the Data Incident, and furnish, upon City’s request, proof of sufficient insurance coverage or self-insurance to cover such costs;

6.3.2 Provide 2 years of credit monitoring service to any affected individual.

6.3.3 Contractor shall give City prompt access to such records related to a Data Incident as City may reasonably request. Contractor is not required to give City access to records that might compromise the security of Contractor’s other customers. 65 of 249
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6.3.4 City will coordinate with Contractor on the content of any intended public statements or required notices for the affected individuals and/or notices to the relevant authorities regarding the Data Incident.

7. BANKRUPTCY
All rights and licenses granted to the City pursuant to this Agreement are, and shall be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights to "intellectual property" as defined under Section 101 of the U.S. Bankruptcy Code. In a bankruptcy or insolvency proceeding involving Contractor, the parties agree that the City, as licensee of such rights, shall retain and fully exercise all of its rights and elections under the U.S.

Bankruptcy Code, and the provisions thereof shall apply notwithstanding conflict of law principles. The parties further agree that, in the event of the commencement of a bankruptcy or insolvency proceeding by or against Contractor under the U.S. Bankruptcy Code, the City shall be entitled to a complete duplicate of any such intellectual property, including the source code for Contractor's licensed software and software it has used to provide City its Service hereunder regardless of whether Contractor has placed the source code in escrow, along with all embodiments of such intellectual property, to which the City would otherwise be entitled under this Agreement, and the same, if not already in the City's possession, shall be promptly delivered to the City (a) upon any such commencement of a bankruptcy proceeding upon written request therefore by the City, unless Contractor elects to continue to perform all of its obligations under this Agreement, or (b) if not delivered under (a) above, upon rejection of this Agreement by or on behalf of Contractor upon written request therefore by the City. If, in a bankruptcy or insolvency proceeding involving Contractor, the provisions of the U.S. Bankruptcy Code referenced above are determined not to apply, the City shall nevertheless be entitled to no less than the protection offered by the provisions of the U.S. Bankruptcy Code with respect to its entitlement to and rights to the use and possession of all intellectual property to which the City has been granted rights under this Agreement notwithstanding the bankruptcy or insolvency of Contractor.

8. COORDINATION OF WORK

8.1 Representative of Consultant. Sukhraaj Singh is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant.

Consultant shall utilize only competent personnel to perform services pursuant to this Agreement.

Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors and shall keep City informed of any changes.

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

8.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder 66 of 249
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without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

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

9. INSURANCE AND INDEMNIFICATION

9.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance (Personal Auto Policy). Consultant shall maintain personal automobile liability insurance covering bodily injury and property damage arising out of the use of any vehicle in connection with the performance of Services under this Agreement. Such insurance shall apply to any owned or non-owned vehicle used by Consultant in the course of performing Services and shall provide liability limits of not less than $100,000 for bodily injury per person, $300,000 for bodily injury per accident, and $100,000 for property damage per accident (100/300/100).
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Cyber Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and 67 of 249
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obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. (f) Technology Professional Liability Errors & Omissions. To the extent that Supplier provides software, hardware, software or system development, consulting services, or Internet/Application Service Provider services (e.g., outsourced functions such as webhosting), Technology Professional Liability Errors and Omissions Insurance coverage in an amount not less than $2,000,000 per claim and cover all sums the Consultant shall be legally obligated to pay because of claims for loss or disclosure of electronic data, media and content rights infringement and liability, network security failure and software copyright infringement liability due to the failure of Consultant’s products or services. If the policy is written on a claimsmade basis, the retroactive date must be on or before the commencement of the Services and the coverage must remain in force for a period of at least three (3) years following the termination of the Services. a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency in the care, custody, or control of the Consultant.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. (g) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (h) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

9.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. 68 of 249
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(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except 69 of 249
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for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

9.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified 70 of 249
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Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

9.3.1 Proprietary Rights Indemnity. Contractor shall indemnify, defend, save and hold harmless Indemnitees from any and all Actions arising out of claims that the Services, infringe upon or violate the Intellectual Property Rights of others. If the Services will become the subject of an Action or claim of infringement or violation of the Intellectual Property Rights of a third party, City, at its option, in addition to requiring Contractor to indemnify it hereunder, shall require Contractor, at Contractor’s sole expense to: (1) procure for City the right to continue using the Services; or (2) replace or modify the Services so that no infringement or other violation of Intellectual Property Rights occurs, if City determines that: (A) such replaced or modified Services will operate in all material respects in conformity with the then-current specifications for the Services; and (B) City’s use of the Services is not impaired thereby.

Contractor’s obligations under this Agreement will continue uninterrupted with respect to the replaced or modified Services as if it were the original Services.

9.3.2 For the purposes of the indemnification obligations set forth herein, the term “Contractor” includes, without limitation, Contractor, its officers, directors, employees, representatives, agents, servants, sub consultants, and subcontractors.

9.3.3 Contractor acknowledges and agrees that it has an immediate and independent obligation to indemnify and defend Indemnitees from any Action which potentially falls within this Indemnification provision, which obligation shall arise at the time an Action is tendered to Contractor by City and continues at all times thereafter, without regard to any alleged or actual contributory negligence of any Indemnitee. Notwithstanding anything to the contrary contained herein, Contractor’s liability under this Agreement shall not apply to any Action arising from the sole negligence, active negligence or willful misconduct of an Indemnitee.

9.3.4 City shall give Contractor prompt written notice of any Action and shall fully cooperate with Contractor in the defense and all related settlement negotiations to the extent that cooperation does not conflict with City’s interests. Notwithstanding the foregoing, City shall have the right, if Contractor fails or refuses to defend City with Counsel acceptable to City, to engage its own counsel for the purposes of participating in the defense. In addition, City shall have the right to withhold payments due Contractor in the amount of reasonable defense costs actually incurred. In no event shall Contractor agree to the settlement of any claim described herein without the prior written consent of City. 71 of 249
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9.3.5 All of Contractor’s indemnification obligations hereunder are intended to apply to the fullest extent permitted by law (including, without limitation, California Civil Code Section 2782) and shall survive the expiration or sooner termination of this Agreement.

10. PROPRIETARY OR CONFIDENTIAL INFORMATION

10.1 Confidentiality Obligations. Confidential Information shall mean all proprietary or confidential information disclosed or made available by the other Party pursuant to this Agreement that is identified as confidential or proprietary at the time of disclosure or is of a nature that should reasonably be considered to be confidential, and includes but is not limited to the terms and conditions of this Agreement, which includes all Exhibits and Schedules, and all business, technical and other information (including without limitation, all product, services, financial, marketing, engineering, research and development information, product specifications, technical data, data sheets, software, inventions, processes, training manuals, know-how and any other information or material), and all Personal Identifying Information in City Data disclosed from time to time by the disclosing Party to the receiving Party, directly or indirectly in any manner whatsoever (including without limitation, in writing, orally, electronically, or by inspection); provided, however, that Confidential Information shall not include the Content that is to be published on the website(s) of either Party.

10.2 Each Party agrees to keep confidential and not disclose to any third party and to use only for purposes of performing or as otherwise permitted under this Agreement, any Confidential Information. The receiving Party shall protect the Confidential Information using measures similar to those it takes to protect its own confidential and proprietary information of a similar nature but not less than reasonable measures. Each Party agrees not to disclose the Confidential Information to any of its Representatives except those who are required to have the Confidential Information in connection with this Agreement and then only if such Representative is either subject to a written confidentiality agreement or otherwise subject to fiduciary obligations of confidentiality that cover the confidential treatment of the Confidential Information.

10.3 Exceptions. The obligations of this Section 10.3 shall not apply if receiving Party can prove by appropriate documentation, where appropriate, that such Confidential Information (i) was known to the receiving Party as shown by the receiving Party’s files at the time of disclosure thereof, (ii) was already in the public domain at the time of the disclosure thereof, (iii) entered the public domain through no action of the receiving Party subsequent to the time of the disclosure thereof, (iv) is or was independently developed by the Contractor without access to or use of the Confidential Information; (v) was provided to the Contractor by a third party who, to the best of the Contractor’s knowledge, was not bound by any confidentiality obligation related to such Confidential Information; or (vi) is required by law or government order to be disclosed by the receiving Party, provided that the receiving Party shall (i) notify the disclosing Party in writing of such required disclosure as soon as reasonably possible prior to such disclosure, (ii) use its commercially reasonable efforts at its expense to cause such disclosed Confidential Information to be treated by such governmental authority as trade secrets and as confidential.

10.4 Contractor acknowledges that City is subject to public disclosure laws and that City will comply with requests for information (“RFI”), as it is required to do under the federal Freedom of Information Act, California Public Records Act, or judicial or administrative court 72 of 249
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order. Contractor acknowledges that an RFI may pertain to any and all documentation associated with City’s use of Contractor’s Services. Contractor further acknowledges that it is obligated to assist and cooperate with City by producing all documentation that City requests as responsive to the RFI so that City may comply with its statutory obligations. City agrees to give Contractor as timely written notice as possible of the RFI such that Contractor may oppose the RFI or exercise such other rights at law as Contractor believes it has. However, Contractor must produce all RFI responsive documents City has requested to City and City will comply with the RFI unless, within the time frame established by the statute, judicial or court order under which the RFI is made, Contractor procures a Temporary Restraining Order or similar injunctive relief from a court or other tribunal of competent jurisdiction ordering City not to comply with that portion of the RFI which Contractor protests, pending final determination of Contractor’s protest of the RFI.

Contractor further agrees to accept City’s tender of defense and to indemnify City and pay all City costs of defense in any litigation brought against City with respect to City not complying with that portion of an RFI that Contractor protests and will hold City harmless against any claims, attorneys’ fees, damages, fines, judgments, or administrative penalties, which may arise from any such actions.

10.5 Notwithstanding these provisions, when Contractor’s Services produce highly sensitive data, including, but not limited to, data with personal identifying information, reports and other records (“Records”) which mandate that both the City and Contractor take every lawful step to establish that the Records be exempted from disclosure. Contractor’s failure or refusal to also take action to protect the Records from disclosure shall be considered a material breach of the Agreement.

11. RECORDS, REPORTS, AND RELEASE OF INFORMATION

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

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

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

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

12. DATA DISAGGREGATION AND TRANSITION ASSISTANCE

12.1 Upon expiration or termination of this Agreement for any reason, Contractor shall, at no additional cost (except as expressly permitted herein), provide reasonable cooperation and assistance to the City to facilitate the orderly transition of the Services and the retrieval of all City Data.

12.1.1 Such assistance shall include, without limitation:
(a) providing the City, upon request, with a complete and secure export of all City Data in a structured, commonly used, and machine-readable format (e.g., CSV, XML, or other mutually agreed format);
(b) ensuring that all City Data is disaggregated from Contractor’s proprietary systems and any data of other customers, and is not commingled in a manner that impedes retrieval or usability;
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(c) providing documentation, data dictionaries, and schema descriptions necessary to enable the City or its designee to interpret and use the exported data; (d) cooperating with the City and/or any replacement provider to support the migration of City Data, including responding to reasonable technical inquiries; (e) continuing to maintain the availability, security, and integrity of City Data during the transition period.

12.2 Contractor shall complete all data export and
transition assistance within 60 days following termination (or such longer period as reasonably required by the City).

12.3 Contractor shall not delete or destroy any City Data until (i) the City confirms successful receipt of the data, or (ii) 90 days have elapsed following termination, whichever occurs later, unless otherwise required by law.

12.4 Upon completion of the transition and at the City’s written direction, Contractor shall securely delete or return all remaining City Data and certify such deletion in writing.

13. ENFORCEMENT OF AGREEMENT AND TERMINATION

13.1 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 Monterey, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California.

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

13.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.
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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.

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

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

14. MISCELLANEOUS

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

14.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of 76 of 249
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any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

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

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

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

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

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

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

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

14.8 Interpretation.

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

14.9 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 77 of 249
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14.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

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

CITY:

CITY OF LIVINGSTON, a municipal
corporation

Jose A. Ramirez, City Manager
ATTEST:

Monica Cisneros, City Clerk
APPROVED AS TO FORM:

BURKE, WILLIAMS & SORENSEN

Marc Tran, City Attorney or Assistant City Attorney
CONSULTANT:

FEEZZA, INC.

By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. 79 of 249
1 01424.0001/1017452.1
EXHIBIT “A”

SCOPE OF SERVICES
Scope of Services
Feezza Inc. | City of Livingston, California | June 2026 This Scope of Services describes the deliverables and ongoing services to be provided by Feezza Inc. to the City of Livingston under the Website Services Agreement. The final scope will be confirmed at project kickoff in collaboration with city officials and staff.

Public-facing pages:
• Home page
• Government — City Council, meeting schedule, agendas, and minutes • Departments — overview and contact information for all city departments • Community — resources, parks, events, and local information • Resources — permits, utilities, public records, business information, and employment • Document Center — centralized library with automatic PDF-to-accessible-HTML conversion
• Jobs Portal — current city job openings
• Facilities — directory and online reservation requests • Service Requests — online issue reporting with reference number and status lookup • Notify Me — resident email subscriptions
• Staff Directory — city staff and department contacts
Feezza Inc. | City of Livingston, California | June 2026 Feezza Inc | City of Livingston — Scope of Services Exhibit A 80 of 249
•
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• FAQ — managed by city staff through the admin portal
• News and Events — city news articles and community events calendar • City History
Site-wide features:
• AI resident assistant — configured to city services, hours, permits, and events • Rotating announcement bar — managed through the admin portal • Full-text search across all pages, news, events, and documents • Responsive design — full functionality on mobile, tablet, and desktop • On-page accessibility toolbar
• City branding — visual design and layout determined by city officials Staff administration:
• Secure staff login portal with role-based access controls • Content management for all dynamic site sections
• Structured database with daily automated backups • Live staff training session with written reference materials
Accessibility and compliance:
• Full WCAG 2.1 Level AA compliance built into the site code, satisfying ADA Title II and Section 508
• Independent verification by automated axe-core scan and manual screen reader testing • Public Accessibility Statement and VPAT-style Conformance Report published on the site Part 2 — Ongoing Annual Services
Feezza Inc. will provide the following services continuously throughout the term of the agreement, included in the annual service fee.
• Managed hosting, deployment, and SSL certificate maintenance • Security patches, dependency updates, and vulnerability monitoring Feezza Inc | City of Livingston — Scope of Services Exhibit A Feezza Inc. | City of Livingston, California | June 2026 81 of 249
•
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• Continuous accessibility quality gate, no accessibility violations can reach the live site • Proactive updates as ADA Title II and WCAG requirements evolve • Annual full accessibility re-scan and updated published Accessibility Conformance Report • Ongoing AI assistant configuration and accuracy maintenance • Direct staff support for content updates and site management, no hourly caps • Daily automated database backups with 30-day retention Out of Scope
The following are not included in this agreement and will be quoted separately upon written request if required:
• Third-party payment processing integrations
• Permit management or permit issuance software
• Utility billing systems or integrations
• Any functionality not described in Parts 1 and 2 above Any changes to this scope after agreement execution must be documented in a signed written amendment.

Questions may be directed to Feezza Inc. directly.
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EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Not Applicable
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D-1
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EXHIBIT “C”

SCHEDULE OF COMPENSATION
Service Fee Quote
Feezza Inc. | City of Livingston, California | June 2026 The following quote provides annual service fee options based on contract term length. All options include the same full scope of services, website design, development, launch, hosting, security, accessibility compliance, AI assistant, staff support, and all ongoing services as described in the Scope of Services. The setup fee is waived for all term options.

What Is Included — Both Options
The annual service fee covers all of the following regardless of term selected:

Feezza Inc | City of Livingston — Service Fee Quote Confidential Feezza Inc. | City of Livingston, California | June 2026 84 of 249
•
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•
•
•
Website design, development, and launch custom-built • Hosting, deployment, SSL certificate, and domain configuration
Security patches, updates, and vulnerability monitoring Continuous accessibility quality gate and proactive
compliance updates
to city specifications
Staff administration portal with role-based access and
content management
AI resident assistant configured to city services and
available 24/7
•
•
• Document accessibility automatic PDF-to-HTML
conversion
• Annual full accessibility re-scan and updated
Conformance Report
• On-page accessibility toolbar
• Staff training session with written materials
• Direct staff support, no hourly caps, no ticket queues • Daily automated database backups with 30-day retention Feezza Inc | City of Livingston — Service Fee Quote Confidential Feezza Inc. | City of Livingston, California | June 2026 85 of 249
•
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EXHIBIT “D”

SCHEDULE OF PERFORMANCE
Not Applicable
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STAFF REPORT
4903-0011-1295 v2 1 of 2
AGENDA ITEM: Adopt a Resolution Approving a Legal Services Agreement with Burke, Williams & Sorensen, LLP, for Special Counsel Services Related to Anticipated Litigation, and Authorizing the City Manager to Sign All Related Documents
MEETING DATE: August 4, 2026

PREPARED BY: Jose Ramirez, City Manager
REVIEWED BY: Marc Barraza Tran, City Attorney

RECOMMENDATION
It is recommended that the City Council approve a Legal Services Agreement (“LSA”) with Burke, Williams & Sorensen, LLP (“BWS”), to provide special counsel services to the City in connection with anticipated litigation and authorizing the City Manager to execute the agreement and any related documents.

BACKGROUND
The City of Livingston anticipates commencing litigation involving matters affecting important City interests. Due to the specialized nature of the anticipated claims and the need for dedicated legal resources, staff recommends retaining J. Leah Castella and Kevin Siegel of BWS to represent the City in this matter.

The proposed legal team possesses substantial experience in complex municipal litigation and has successfully represented public agencies in various matters.

DISCUSSION
The City has identified legal issues that may require the commencement of litigation to protect and enforce the City’s rights and interests. The City Manager determined specialized legal services and dedicated counsel were likely to be required.

The City Council conducted a review of five qualified firms with experience representing public agencies in comparable matters. Based on the firm’s qualifications, litigation experience, staffing capabilities, proposed rates, and familiarity with government law, J. Leah Castella and Kevin Siegel of BWS were identified as the most qualified to serve as Special Counsel.

The proposed LSA authorizes BWS to represent the City regarding anticipated litigation and any related pre-litigation activities, including investigation, claims analysis, negotiation, filing of legal actions, motion practice, discovery, trial preparation, settlement discussion, and appellate proceedings, if necessary, and as directed by the City. 87 of 249

STAFF REPORT
4903-0011-1295 v2 2 of 2
Because litigation strategy and attorney-client communications are privileged and confidential, detailed discussion of the anticipated claims and legal theories may occur in closed session as permitted by the Brown Act.

ENVIRONMENTAL REVIEW
Approval of a Legal Services Agreement for legal representation is not a project under the California Environmental Quality Act (CEQA) because it constitutes an administrative and organizational activity that will not result in a direct or reasonably foreseeable physical change in the environment.

FISCAL IMPACT
The proposed agreement provides for compensation based on hourly billing rates and reimbursement of approved litigation expenses.

Given the nature of litigation, future expenditures will depend upon the complexity and duration of the matter. Staff will monitor costs and return to the City Council for additional appropriations if necessary.

ATTACHMENTS

1. Resolution No. 2026-

2. Legal Services Agreement with Burke, Williams & Sorensen, LLP 88 of 249
4926-9813-9071 v1 Page 1 of 2
RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING

A LEGAL SERVICES AGREEMENT WITH BURKE, WILLIAMS & SORENSEN, LLP,

FOR SPECIAL COUNSEL SERVICES
WHEREAS, the City has identified certain matters affecting important City interests that may require the commencement of litigation; and
WHEREAS, the City Council finds that specialized legal expertise and additional litigation resources are necessary to effectively represent and protect the City's interests in connection with such matters; and
WHEREAS, Burke, Williams & Sorensen, LLP, by and through attorneys J. Leah Castillo and Kevin Siegel, possesses substantial experience and expertise in the areas of law relevant to the anticipated litigation and is qualified to serve as Special Counsel to the City; and WHEREAS, the City Attorney and City Manager have reviewed the proposed Legal Services Agreement and recommend approval of the Agreement; and WHEREAS, the City Council finds that retaining Special Counsel is in the best interests of the City and will assist in protecting and advancing the City's legal and governmental interests.

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

Section 1. The foregoing recitals are true and correct and are incorporated herein by this reference.

Section 2. The City Council hereby approves the Legal Services Agreement between the City of Livingston and Burke, Williams & Sorensen, LLP, for the provision of Special Counsel services related to anticipated litigation.

Section 3. The City Manager is authorized and directed to execute the Legal Services Agreement and such other documents as may be necessary to carry out the intent of this Resolution, subject to approval as to form by the City Attorney.

Section 7. This resolution shall take effect immediately upon adoption.

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Jose A. Moran, Mayor
of City of Livingston
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4926-9813-9071 v1 Page 2 of 2
ATTEST
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM
________________________
Marc Barraza Tran, City Attorney
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. .
444 South Flower Street - 40th Floor
Los Angeles, California 90071-2942
voice 213.236.0600 - fax 213.236.2700
BURKE. WILLIAMS & SORENSEN. LLP www.bwslaw.com

VIA E-MAIL
Jose A. Ramirez, City Manager
City of Livingston
1416 C Street
Livingston, CA 95334
August 4, 2026
Re: Legal Services Agreement
Dear Mr. Ramirez:

Direct No.: 213.236.2818
[email protected]
We are pleased to represent City of Livingston with respect to the matters described in this Agreement. The following sets forth the terms pursuant to which BURKE, WILLIAMS & SORENSEN, LLP ("Burke") and City of Livingston ("Client") agree that Burke will provide legal services to Client. The hallmark of any productive professional relationship is effective communication, and we would invite you to contact us at any time during or after our representation with regard to any questions you may have associated with our representation or the matters described herein.

1. CONDITIONS. This Agreement will not take effect, and Burke will have no obligation to provide legal services, until Client returns a signed copy of this Agreement. The effective date of this Agreement will be July 21, 2026.

2. SCOPE OF SERVICES. Client hires Burke to provide legal services in the matters set forth in Attachment "A" to this Agreement. No representation outside of the matters set forth in Attachment "A" to this Agreement shall be provided by Burke to Client. No representation of any directors, officers, employees, shareholders, or any other persons or entities affiliated with Client shall be provided unless such representation is expressly included in Attachment "A" to this Agreement. Burke will provide those legal services reasonably required to represent Client. Burke will take reasonable steps to keep Client informed of progress and to respond to Client's inquiries. If a court action is filed, Burke will represent Client through trial and post-trial motions. This Agreement does not cover representation on appeal or in execution proceedings after judgment. Separate arrangements must be agreed to for those services. Services in any matter not described above will require a separate written agreement or a written modification to this Agreement.

Los Angeles - Inland Empire - Marin County - Oakland - Orange County - Palm Desert - San Diego - San Francisco - Si licon Valley - Ventura County 92 of 249
Jose A. Ramirez
August 4, 2026

Page 2 ends

3. CLIENT'S DUTIES. Client agrees to be truthful with Burke, to cooperate, to keep Burke informed of any information or developments which may come to Client's attention, to abide by this Agreement, to pay Burke's bills on time, and to keep Burke advised of Client's address, telephone number, and whereabouts. Client will assist Burke in providing necessary information and documents and will appear when necessary at legal proceedings.

4. CONFLICTS OF INTEREST. Before accepting representation of Client, Burke has undertaken reasonable and customary efforts to determine whether there are any potential conflicts of interest or adversity of positions between Client and any other person or entity that would bar Burke from representing Client in general or in any of the specific matters listed in Attachment "A". Burke has reviewed this issue in accordance with the Rules of Professional Conduct adopted in California. Burke believes that those rules, rather than the rules of any other jurisdiction, are applicable to Client's representation. Client's execution and return of the enclosed copy of this letter represents an express agreement to the applicability of the Rules of Professional Conduct adopted in California to any and all representation arising under this Agreement.

5. LEGAL FEES AND BILLING PRACTICES. Client agrees to pay by the hour at Burke's prevailing rates for all time spent on Client's matter by Burke's legal personnel. Current hourly rates for legal personnel are set forth in Attachment "8" to this Agreement.

Burke's rates are subject to change on 30 days' written notice to Client. Rates shall automatically increase annually on January 1 of each year as set forth in Attachment "8" to this Agreement. If Client declines to pay increased rates, Burke will have the right to withdraw as attorney for Client.

The time charged will include the time Burke spends on telephone calls relating to Client's matter, including calls with Client, witnesses, opposing counsel or court personnel. The legal personnel assigned to Client's matter may confer among themselves about the matter, as required and appropriate. When they do confer, each person will charge for the time expended, as long as the work done is reasonably necessary and not duplicative. Likewise, if more than one of the legal personnel attends a meeting, court hearing or other proceeding, each will charge for the time spent. Burke will charge for waiting time in court and elsewhere and for travel time, both local and out-of-town.

6. COSTS AND OTHER CHARGES.
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Jose A Ramirez
August 4, 2026

Page 3 ends

(a) Burke will incur various costs and expenses in performing legal services under this Agreement. Client agrees to pay for all costs, disbursements and expenses in addition to the hourly fees. The costs and expenses commonly include: service of process charges, filing fees, court and deposition reporters' fees, jury fees, notary fees, deposition costs, long distance telephone charges, messenger and other delivery fees, postage, photocopying and other reproduction costs, travel costs including parking, mileage, transportation, meals and hotel costs, investigation expenses, consultants' fees, expert witness, professional, mediator, arbitrator and/or special master fees, unavoidable administrative staff and secretarial overtime, and other similar items.

Except for the items listed below, all costs and expenses will be charged at Burke's cost.

In-office photocopying/page:

In-office color photocopying/page
Facsimile charges/page:

Mileage/mile:
$ .20
$ 1.00
$ 1.00
$ .76 (per IRS notices)
(b) Out-of-town travel. Client agrees to pay transportation, meals, lodging and all other costs of any necessary out-of-town travel by Burke's personnel. Client will also be charged the hourly rates for the time legal personnel spend traveling. (c) Experts, Consultants and Investigators. To aid in the preparation or presentation of Client's case, it may become necessary to hire expert witnesses, consultants, investigators, and outsourced support services. Client agrees to pay such fees and charges. Burke will select any expert witnesses, consultants, investigators or support services to be hired, and Client will be informed of persons chosen and their charges.

Additionally, Client understands that if the matter proceeds to court action or arbitration, Client may be required to pay fees and/or costs to other parties in the action.

Any such payment will be entirely the responsibility of Client.

7. BILLING STATEMENTS. Burke will send Client periodic statements for fees and costs incurred. Each statement will be payable within 30 days of its mailing date. Client may request a statement at intervals of less than 30 days. If Client so requests, Burke will provide one within 10 days. The statements shall include the amount, rate, basis of calculation or other method of determination of the fees and costs, which costs will be clearly identified by item and amount.

8. INTEREST CHARGES. If a billing statement is not paid by its due date, interest will be charged on the principal balance (fees, costs, and disbursements) shown 94 of 249
Jose A. Ramirez
August 4, 2026
Page4
on the statement. Interest will be calculated by multiplying the unpaid balance by the periodic rate of .833% per month (TEN PERCENT [10%] ANNUAL PERCENTAGE RATE). The unpaid balance will bear interest from the date of the invoice until paid.

9. LIEN. Client hereby grants Burke a lien on any and all claims or causes of action that are the subject of the representation under this Agreement. The lien will be for any sums owing to Burke at the conclusion of services performed. The lien will attach to any recovery Client may obtain, whether by arbitration award, judgment, settlement or otherwise. The effect of such a lien is that Burke may be able to compel payment of fees and costs from any such funds recovered on behalf of Client even if Burke has been discharged before the end of the case. Because a lien may affect Client's property rights, Client may seek the advice of an independent lawyer of Client's choice before agreeing to such a lien. By initialing this paragraph, Client represents and agrees that Client has had a reasonable opportunity to consult such an independent lawyer and-whether or not Client has chosen to consult such an independent lawyerClient agrees that Burke will have a lien as specified above._ \ ____ (Client Initial Here) ~ Burke Initial Here)

10. DISCHARGE AND WITHDRAWAL. Client may discharge Burke at any time. Burke may withdraw with Client's consent or for good cause. Good cause includes Client's breach of this Agreement, refusal to cooperate or to follow Burke's advice on a material matter or any fact or circumstance that would render Burke's continuing representation unlawful or unethical. When Burke's services conclude, all unpaid charges will immediately become due and payable. After services conclude, Burke will, upon Client's request, deliver Client's file, and property in Burke's possession unless subject to the lien provided in Paragraph 9 above, whether or not Client has paid for all services.

11. DOCUMENT RETENTION POLICY. Client is entitled upon written request to any files in Burke's possession relating to the legal services performed by Burke for Client, excluding Burke's internal accounting records and other documents not reasonably necessary to Client's representation, subject to Burke's right to make copies of any files withdrawn by Client. Once a matter is concluded, Burke will close the file, and Client will receive notice thereof. Client's physical files may be sent to storage offsite, and thereafter there may be an administrative cost for retrieving them from storage. Thus, it is recommended that Client request the return of a file at the conclusion of a matter. Under Burke's document retention policy, Burke normally destroys files five (5) years after a matter is closed, unless other arrangements are made with Client.
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BURKE, WILLIJ\lvlS & sor-iENSEN, LLP
Jose A. Ramirez
August 4, 2026

Page 5 ends

All client-supplied materials and all attorney end product (referred to generally as "client material") are the property of Client. Attorney end product includes, for example, finalized contracts, pleadings, and trust documents. Attorney work product is the property of Burke. Attorney work product includes, for example, drafts, notes, internal memoranda and electronic files, and attorney representation and administration materials, including attorney-client correspondence and conflicts materials.

After the close of a matter, Burke will notify Client of any client materials that remain in Burke's possession. Client will be invited to retrieve these client materials within 45 days of notice, or Client may direct Burke to forward the client materials to Client, at Client's expense. If within 45 days of this notice Client fails to retrieve the client materials or request Burke to forward them, Client authorizes Burke to destroy the client materials.

After the 45-day period, Burke will, consistent with all applicable rules of professional conduct, use its discretion as to the retention or destruction of all attorney work product and any client materials that remain with Burke.

12. TECHNOLOGY. At its discretion, unless otherwise stated, Burke will employ technology to facilitate electronic discovery. This may include scanning of paper documents, culling of documents, converting electronically stored information into a format suitable for review, the usage of electronic review software, etc. Applicable associated costs, including electronic storage and transfer costs, will be billed to Client.

Burke uses artificial intelligence tools known as CoCounsel Legal in the representation of Client. The tools do not permit the vendor (Thomson Reuters) to acquire ownership or control or to use information for the vendor's purposes outside the protection of the attorney-client privilege or the attorney work product doctrine. Burke continues to maintain control over Client's confidential information during the use of the tools mentioned here.

13. DISCLAIMER OF GUARANTEE AND ESTIMATES. Nothing in this Agreement and nothing in Burke's statements to Client will be construed as a promise or guarantee about the outcome of the matter. Burke makes no such promises or guarantees. Burke's comments about the outcome of the matter are expressions of opinion only. Any estimate of fees given by Burke shall not be a guarantee. Actual fees may vary from estimates given.

14. MEDIATION/ARBITRATION; WAIVER OF JURY TRIAL. If a dispute arises out of or relating to any aspect of this Agreement between Client and Burke, or the breach thereof, and if the dispute cannot be settled through negotiation, Burke and 96 of 249
Jose A. Ramirez
August 4, 2026

Page 6 ends

Client agree to discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other dispute resolution procedure. Nothing herein shall limit or otherwise affect your right under Sections 6200-6206 of the California Business and Professions Code to request arbitration of any fee dispute by an independent, impartial arbitrator or panel of arbitrators through a bar association program created solely to resolve fee disputes between lawyers and clients. However, should discussions, mediation or the non-binding arbitration provided through a local bar association program not resolve the dispute, the dispute shall be determined by binding arbitration before the American Arbitration Association under its then prevailing commercial arbitration rules, except that discovery may be taken in that arbitration pursuant to the California Code of Civil Procedure. The claims or controversies subject to this provision shall include, without limitation, any claim of professional negligence or malpractice.

The arbitration shall be held in San Francisco, California, unless we mutually select another venue, and judgment may be entered upon the arbitrator's award by any court having jurisdiction. Should you refuse or neglect to appear or participate in the arbitration proceedings, the arbitrator is empowered to decide the claim or controversy in accordance with the evidence presented. You should realize that by accepting the arbitration provision, YOU WILL WAIVE YOUR RIGHT TO A JURY TRIAL AND THE

RIGHT, EXCEPT UNDER LIMITED CIRCUMSTANCES, TO APPEAL THE ARBITRATOR'S DECISION. , \
____ (Client Initial Here) ~ urke Initial Here)

15. ATTORNEYS' FEES CLAUSE. The prevailing party in any action or proceeding arising out of or to enforce any provision of this Agreement, with the exception of a fee arbitration or mediation under Business and Professions Code Sections 6200-6206, will be awarded reasonable attorneys' fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered.

16. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.

17. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

18. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing 97 of 249
Jose A. Ramirez
August 4, 2026

Page 7 ends

signed by both of them, or an oral agreement only to the extent that the parties carry it out.

19. EFFECTIVE DATE. This Agreement will govern all legal services performed by Burke on behalf of Client commencing with the date Burke first performed services. The date at the beginning of this Agreement is for reference only. Even if this Agreement does not take effect, Client will be obligated to pay Burke the reasonable value of any services Burke may have performed for Client.

THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE BURKE FIRST PROVIDED SERVICES. IF

MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. CLIENT SHALL RECEIVE A FULLY EXECUTED DUPLICATE OF THIS AGREEMENT.

DATED: - ------
DATED: 7-· 2 f--U,.

Enclosure: return copy

CITY OF LIVINGSTON
By:

Jose A. Ramirez
City Manager

BURKE, WILLIAMS & SORENSEN, LLP
By:
lsh
Partner
98 of 249
' . BURKE, WILLIAMS & SORENSEN, LLP
Jose A. Ramirez
August 4, 2026

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Attachment "A"

1. Specialty Litigation Services. Burke will represent Client in litigation as authorized by the City Council.
99 of 249
Jose A Ramirez
August 4, 2026

Page 9 ends

Attachment "B"
Rates for Attorneys and other timekeepers through June 30, 2027. $375 Partners
$325 Associates
$225 Law Clerks
$225 Paralegals
Effective each July 1, the foregoing base rates shall be increased based on the U.S. Department of Labor Bureau of Labor Statistics Los Angeles-Riverside-Orange County Consumer Price Index-All Urban Consumers ("CPI-U"), using the CPI-U for each prior October as the base and the value to escalate the hourly rates in the ratio of the most recent October CPI-U value, rounded up to the nearest $5 increment.

The U.S. Dept. of Labor Bureau of Labor Statistics (BLS) website will be the source of the data utilized (if the URL is changed, the parties shall agree on the replacement web page to be as close as reasonably possible to the page detailed herein):
http://data.bls.gov/PDQ/servlet/SurveyOutputServlet?data tool=dropmap&series id=CUURA421 SA0,CUUSA421 SAO

1 STAFF REPORT
AGENDA ITEM: Adopt a Resolution Approving Amendment No. 1 to the Professional Services Agreement with Willdan Financial Services for a Water, Wastewater, and Solid Waste Rates Study for an Additional Amount Not to Exceed $30,000, Increasing the Total Contract Amount from $72,895 to $102,895.

MEETING DATE: August 4, 2026

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

Staff recommends that the City Council adopt a Resolution approving Amendment No. 1 to the Professional Services Agreement with Willdan Financial Services and authorize the City Manager or designee to execute the amendment in an amount not to exceed $30,000. The amendment would increase the total contract amount from $72,895 to $102,895.

BACKGROUND:

On July 1, 2025, the City Council approved a Professional Services Agreement with Willdan Financial Services (WFS) for the preparation of a Water, Wastewater, and Solid Waste Rate Study in an amount not to exceed $72,895. The study was intended to evaluate the financial condition of the City's enterprise funds and develop rate recommendations that would support ongoing operations, maintenance, capital improvements, and regulatory compliance.

Since the initiation of the project, the scope of work has expanded beyond original assumptions due to the extended project schedule, additional financial analyses, revised capital improvement plan evaluations, and multiple stakeholder and City Council discussions. As the project progressed, staff requested several updates to the financial model and additional rate scenarios to evaluate alternative approaches for funding utility operations and capital improvements DISCUSSION:

Willdan Financial Services has submitted a request for Amendment No. 1 to provide additional funding necessary to complete the Utility Rate Study and related Proposition 218 process requirements. According to Willdan, the original project budget has been exhausted due to the additional work performed during the study.

The requested amendment consists of the following additional services:
• Updates to the financial plan and rate model to incorporate revised budget information, expenses, and fund balance data as the project timeline extended. • Development and evaluation of multiple alternative scenarios related to capital improvement planning, financial projections, and rate structures. 100 of 249

2 • Additional meetings and presentations with the Utility Rate Stakeholders Committee, City staff, and the City Council beyond the number originally anticipated. • Preparation of the Proposition 218 notice, development of customer and property owner mailing databases, and coordination of the required public notice mailing process.

The amendment amount of $30,000 is allocated as follows:

Description Amount
Final financial plan adjustments, rate analysis refinements, report preparation, and project deliverables $11,760
Proposition 218 notice preparation and mailing database development $5,010 Additional meetings, presentations, and scenario development $13,230 Total Amendment Amount $30,000
Approval of this amendment will allow Willdan Financial Services to complete the rate study, prepare the final rate report, support the Proposition 218 process, and attend the remaining stakeholder and City Council meetings necessary for project completion.

FISCAL IMPACT:

Authorize the Finance Department to make a supplemental appropriation not to exceed $30,000 for Fiscal Year 2026-2027 budget.

The proposed amendment will increase the contract amount with Willdan Financial Services by $30,000, from $72,895 to a total not-to-exceed amount of $102,895.

Funding for the amendment will be allocated from the Water (2100-810-4310), Sewer (2101-815- 4310), and Solid Waste (2103-825-4310) Enterprise Funds.

ATTACHMENTS:

1. Resolution Approving Amendment No. 1 to the Professional Services Agreement with Willdan Financial Services.

2. Amendment No. 1 Letter Agreement from Willdan Financial Services dated July 24, 2026.
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Page 1 of 2 ends

RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN

FINANCIAL SERVICES FOR THE WATER, WASTEWATER, AND SOLID WASTE RATE

STUDY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT IN AN AMOUNT NOT TO EXCEED $30,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $102,895
WHEREAS, on July 1, 2025, the City Council adopted Resolution No. 2025-68 authorizing a Professional Services Agreement with Willdan Financial Services for a Water, Wastewater, and Solid Waste Rate Study in an amount not to exceed $72,895; and; WHEREAS, the City is currently completing the utility rate study process to ensure the long-term financial sustainability of the Water, Wastewater, and Solid Waste Enterprise Funds; and; WHEREAS, Willdan Financial Services has requested Amendment No. 1 in an amount not to exceed $30,000 to complete the remaining project work and Proposition 218 process requirements; and;
WHEREAS, the proposed amendment will increase the total contract amount from $72,895 to an amount not to exceed $102,895; and;
WHEREAS, sufficient funding is available within the Water, Wastewater, and Solid Waste Enterprise Funds to support the additional services.

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

1. Approves Amendment No. 1 to the Professional Services Agreement with Willdan Financial Services, attached hereto as Exhibit A; and

2. Authorizes the City Manager, or designee, to execute Amendment No. 1 and any related documents necessary to complete the amendment; and

3. Authorize the Finance Department to make a supplemental appropriation not to exceed $30,000 for Fiscal Year 2026-2027 budget.

4. The proposed amendment will increase the contract amount with Willdan Financial Services by $30,000, from $72,895 to a total not-to-exceed amount of $102,895.

5. Funding for the amendment will be allocated from the Water (2100-810-4310), Sewer (2101-815-4310), and Solid Waste (2103-825-4310) Enterprise Funds.

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 4th day of August 2026, by the vote recorded as follows:
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Page 2 of 2 ends

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

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

APPROVED AS TO LEGAL FORM
________________________
City Attorney or Assistant City Clerk
of City of Livingston
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1 FIRST AMENDMENT TO

CONTRACT PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF LIVINGSTON AND

WILLDAN FINANCIAL SERVICES
THIS FIRST AMENDMENT (“Amendment”) is made and entered into on _____ 2026, by and between the CITY OF LIVINGSTON, a general law city and municipal corporation (“CITY”), and WILLDAN FINANCIAL SERVICES, a professional corporation (“CONSULTANT”). CITY and CONSULTANT may be referred to, individually or collectively, as “party” or “parties.”

RECITALS
A. CITY and CONSULTANT entered into a professional services agreement effective July 2, 2025, (“Agreement”) for preparation of a Water, Wastewater, and Solid Waste Rate Study.

The Agreement is for a Term of up to five (5) years, or until completion of services, with a maximum compensation of $72,895.00.

B. The Parties now desire to amend the Agreement to increase the amount of compensation in order to update the financial plan and rate model to incorporate revised budget information; develop and evaluate alternative scenarios for capital improvement planning, financial projections, and rate structures; conduct additional meetings with the Utility Rate Stakeholders Committee, City staff, and City Council; and prepare Proposition 218 notices for distribution to customers and property owners.

AGREEMENT

1. AMENDMENTS. Pursuant to Section 8.4 of the Agreement, the following sections are amended to read:

SECTION 2.

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of $102,895.00 (One Hundred Two Thousand, Eight Hundred Ninety-Five Dollars and no/100) (“Contract Sum”).

EXHIBIT “A” SCOPE OF SERVICES is amended to include the July 24, 2026 “Amendment 1 – Ongoing Services Related to Utility Rate Study”, attached hereto as Exhibit “1” and incorporated herein and made part of this Amendment as if set forth herein in full.

EXHIBIT “C” SCHEDULE OF COMPENSATION is amended to incorporate the July 24, 2026 “Amendment 1 – Ongoing Services Related to Utility Rate Study”, attached hereto as Exhibit “1” and incorporated herein and made part of this Amendment as if set forth herein in full.
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2 2. ELECTRONIC SIGNATURES. This First Amendment may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the parties notwithstanding that all the parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the parties agree that this First Amendment, agreements ancillary to this First Amendment, and related documents to be entered into in connection with this First Amendment will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.

3. COUNTERPARTS. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.

4. AGREEMENT IN FULL EFFECT. Except as modified by this First Amendment, all other terms and conditions of the Agreement remain the same.

IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
“CONSULTANT”
Willdan Financial Services
By: ____________________________
Chris Fisher, Vice President/Director
By: ____________________________
Rebekah Smith, Assistant
Secretary/Director of Operations
Date: ___________________________
“CITY”
City of Livingston, a municipal corporation
By: ______________________________
Jose A. Ramirez, City Manager
Date: ____________________________

APPROVED AS TO FORM
Burke, Williams & Sorensen LLP
By: ____________________________
Marc Barraza Tran, City Attorney
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T 951.587.3500 ▪ 800.755.6864 | F 951.587.3510 ▪ 888.326.6864 | 27368 Via Industria, Suite 200, Temecula, CA 92590 | www.willdan.com July 24, 2026
Mr. Happy Bains
Finance Director
City of Livingston
1416 C Street
Livingston, CA 95334
CC: Jose Ramirez, City Manager
RE: Amendment 1 – Ongoing Services Related to Utility Rate Study Dear Happy,
Pursuant to recent conversations and correspondence with Jose, we appreciate the willingness of the City to consider a budget amendment for our ongoing Utility Rate Study. This requested amendment reflects the use of the original budget for additional work already performed during the project for preparation of updated versions of the financial plan, CIP and rate scenarios as well as additional meetings, as described below. Following are the specific areas of additional effort incurred:
▪ Updates to financial plan and model as the duration of the project increased, to include available updated budget, expense, and fund balance data;
▪ Development of numerous scenarios to evaluate alternative approaches to the CIP, financial plan and rate options.

Presentation and discussion of scenarios with City, resulting adjustments to financial plan; and ▪ Additional meetings with the Utility Rate Stakeholders Committee, City Staff, and the City Council, beyond the number originally anticipated.

Project Fees
Willdan Financial Services is requesting a budget amendment, for completion of the project, for not to exceed amount of $30,000 as follows:
▪ $11,760 – Final adjustments and refinements to financial plan and cost-of-service and rate analysis, preparation of new or added scenarios as requested by City, preparation of report and related documents and presentations, finalization of model and deliverables;
▪ $5,010 – Preparation of Prop 218 Notice, development of customer and property owner databases for mailing, coordination of mailing of notices 45 days prior to required public hearing; and ▪ $13,230 – Attendance, preparation and discussion of additional scenarios, presentations for additional, and remaining meetings.

The additional budget will be allocated as shown above to completion of remaining meetings, presentations, model and deliverables, preparation of the rate report, and Proposition 218 Notice and databases; where the original budget was exhausted through the additional work earlier in the project.

We greatly appreciate your consideration of this budget amendment. If the terms of this engagement are acceptable to you, please sign where indicated and return the letter back, via email, to [email protected].

Respectfully submitted,

WILLDAN FINANICAL SERVICES
Chris Fisher
Vice President/Director
City of Livingston, CA
Signature Date
Print Name
EXHIBIT 1
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Page 1 of 2 ends

STAFF REPORT
AGENDA ITEM: Resolution Accepting the Low Bid and Awarding a Contract to Bobo Construction, Inc. for the Total Bid Amount of $4,950,290.61 for the Construction of the Livingston Rec Plex Project, Authorizing a Contingency for Contract Change Orders up to 5% of the Contract Amount, and Authorizing the City Manager to Execute the Agreement
MEETING DATE: August 4, 2026
PREPARED BY: Jose A. Ramirez, City Manager
REVIEWED BY: Happy Bains, Finance Director/Assistant City Manager Anthony Chavarria, Public Works Director
RECOMMENDATION:

Staff recommends Council adopt Resolution accepting the low bid and awarding a contract to Bobo Construction, Inc. for the total bid amount $4,950,290.61 for the construction of the Livingston Rec Plex Project, authorizing a contingency for contract change orders up to 5% of the contract amount, and authorizing the City Manager to execute the Agreement.

BACKGROUND:

The City of Livingston was awarded a grant for $7,390,119 from the California Department of Parks and Recreation Proposition 68 Program for the Livingston Rec-Plex Facility. The grant provided funding for the acquisition of a 2.05-ac parcel, design, project management, and construction costs for a recreational building with basketball courts, restrooms, picnic areas, landscaping, lighting and related site improvements. On July 19, 2022, the City Council awarded a contract to Dahlin for architectural services for this project. On September 17, 2024, the City Council approved a contract with SVA Architects for the preparation of plans and specifications.

City staff proceeded to solicit bids for this project and complete the work by the grant deadline of December 2027.

The work to be completed with this contract includes the partial demolition of an existing warehouse building and the construction of a new recreational building with related site improvements.

DISCUSSION:

Pursuant to public bidding requirements, the project was advertised in the Merced Sun Star on June 24, July 1, July 8, and July 15, 2026. The City received a total of three (3) bids that were opened and read aloud at 2:00 p.m. on July 23, 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 Project Architect, and the lowest responsible and responsive bid was submitted by Bobo Construction, Inc. The bid results are as listed:

Page 2 of 2 ends

Contractor Bid Amount
Bobo Construction, Inc. $ 4,950,290.61
Menghetti Construction, Inc. $ 5,300,651.00
Diede Construction, Inc. $ 5,484,578.00
Architect’s Estimate $ 4,751,994.88
Staff recommends that a Contract be awarded to Bobo Construction, Inc. in the amount of four million nine hundred fifty thousand two hundred ninety dollars and sixty-one cents ($4,950,290.61).

Staff also recommends that the City Council authorize $247,514.53 for this project as 5% contingency. The contract amount plus the 5% contingency totals $5,197,805.14.

FISCAL IMPACT:

The cost of this project was approved in the adopted fiscal year 2026-2027 budget. Authorize the Finance Department to make supplemental appropriations as needed to the following funds on a do not to exceed amount of:

Funding Source Amount
Fund 2002 - Municipal Facilities Impact Fee Fund $ 200,000.00 Fund 2003 - Parks Development Impact Fee Fund $ 60,000.00 Fund 2100 - Water Enterprise Fund $ 75,000.00
Fund 2000 - Fire Protection Impact Fee Fund $ 80,000.00 Fund 2004 - Streets and Bridges Impact Fee Fund $ 10,000.00 Fund 3409 - Recreation Commission Trust Fund $ 60,000.00 Fund 1221 – Measure V 80% $ 150,000.00
Fund 1100 - General Fund $ 162,805.14
Prop 68 Grant Funding $ 4,400,000.00
Total Project Cost with 5% Contingency $ 5,197,805.14
ATTACHMENTS:

1. Resolution No. 2026-

2. Abstract of Bids

3. Agreement

4. Contractor Bid Packages

Page 1 of 3 ends

RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ACCEPTING THE LOW BID AND AWARDING A CONTRACT TO BOBO CONSTRUCTION, INC. FOR THE TOTAL BID AMOUNT $4,950,290.61 FOR THE CONSTRUCTION OF THE LIVINGSTON

REC PLEX PROJECT, AUTHORIZING A CONTINGENCY FOR CONTRACT CHANGE ORDERS UP TO 5% 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 the Livingston Rec Plex Facility; and WHEREAS, the project will consist of partial demolition of an existing warehouse building and constructing a new recreational building with basketball courts, restrooms, picnic areas, landscaping, lighting and related site improvements; and WHEREAS, the notice to bidders was advertised in the Merced Sun Star on June 24, July 1, July 8, and July 15, 2026; and
WHEREAS, a total of three (3) bids were received and read aloud at 2:00 p.m. on July 23, 2026, at the City of Livingston City Hall, this being the advertised bid opening date and time.

The bid results are as listed below:

Contractor Bid Amount
Bobo Construction, Inc. $ 4,950,290.61
Menghetti Construction, Inc. $ 5,300,651.00
Diede Construction, Inc. $ 5,484,578.00
WHEREAS, the Architect’s Estimate was $4,751,994.88; and WHEREAS, the bids have been reviewed by the City Engineer and Project Architect, and Bobo Construction, Inc. submitted the lowest responsive and responsible bid; and WHEREAS, it is the best interest of the City of Livingston to award the Livingston Rec Plex contract to Bobo Construction, Inc., as it is the lowest responsive and responsible bid; and WHEREAS, funding for this project was encumbered in fiscal year 2026-2027; and WHEREAS, the City Council of the City of Livingston accepts the bid from Bobo Construction, Inc. and now desires to enter into an agreement to construct the Project.

Page 2 of 3 ends

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

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

2. Adopts Resolution 2026- to award a contract to Bobo Construction, Inc. for four million nine hundred fifty thousand two hundred ninety dollars and sixty one cents ($4,950,290.61) to be expended from the approved Fiscal Year 2026-2027. Authorize the Finance Department to make supplemental appropriations as needed to the following funds on a do not to exceed amount of:

Funding Source Amount
Fund 2002 - Municipal Facilities Impact
Fee Fund
$ 200,000.00
Fund 2003 - Parks Development Impact
Fee Fund
$ 60,000.00
Fund 2100 - Water Enterprise Fund $ 75,000.00
Fund 2000 - Fire Protection Impact Fee
Fund
$ 80,000.00
Fund 2004 - Streets and Bridges Impact
Fee Fund
$ 10,000.00
Fund 3409 - Recreation Commission Trust
Fund
$ 60,000.00
Fund 1221 – Measure V – 80% $ 150,000.00
Fund 1100 - General Fund $ 162,805.14
Prop 68 Grant $ 4,400,000.00
Total Project Cost with 5% Contingency $ 5,197,805.14

3. Authorizes the City Manager to utilize a contingency for contract change orders up to 5% of the contract amount in the amount not to exceed $247,514.53 from the approved Fiscal Year 2026-2027 budget.

4. Authorizes City Manager to execute the Agreement for construction of the Livingston Rec Plex 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 4th day of August, 2026, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

Page 3 of 3 ends

ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
Of the City of Livingston

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

ABSTRACT OF BIDS FOR THE CITY OF LIVINGSTON

LIVINGSTON REC-PLEX
Bid Opening: JULY 23, 2026
Item No. Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 1 Lot 10,000.00 10,000.00 94,000.00 94,000.00 535,000.00 535,000.00 200,000.00 200,000.002 9,510 SF 15.00 142,650.00 4.94 * 46,979.40 21.03 200,000.00 4.00 38,040.00 3 1,720 SF 25.00 43,000.00 11.63 * 20,003.60 17.44 30,000.00 11.00 18,920.00 4 1 EA 71,234.00 71,234.00 36,000.00 36,000.00 45,000.00 45,000.00 25,649.00 25,649.00 5 25,709 SF 6.90 177,392.10 0.78 * 20,053.02 9.72 250,000.00 8.00 205,672.00 6 25,709 SF 7.71 198,216.39 5.25 * 134,972.25 11.67 300,000.00 5.00 128,545.00 7 25,709 SF 18.10 465,332.90 2.92 * 75,070.28 4.28 110,000.00 14.00 359,926.00 8 1 Lot 10,000.00 10,000.00 10,000.00 10,000.00 5,000.00 5,000.00 10,000.00 10,000.00 9 1,720 SF 175.00 301,000.00 58.14 100,000.80 29.07 50,000.00 87.00 149,640.00 10 11 CYDS 9,856.73 108,424.03 11,363.64 * 125,000.04 36,363.64 400,000.00 29,656.00 326,216.00 11 9,000 FLSF 25.17 226,530.00 27.78 * 250,020.00 27.78 250,000.00 24.00 216,000.0012 3,815 SF 63.75 243,206.25 13.11 * 50,014.65 131.06 500,000.00 55.00 209,825.0013 12,268 SF 23.70 290,751.60 6.93 * 85,017.24 8.15 100,000.00 55.00 674,740.0014 9,000 SF 63.83 574,470.00 152.30 * 1,370,700.00 165.56 1,490,000.00 124.00 1,116,000.0015 9,000 SF 3.44 30,960.00 3.33 * 29,970.00 2.22 20,000.00 8.00 72,000.0016 7 DRS 9,250.00 64,750.00 3,500.00 24,500.00 2,857.14 20,000.00 2,534.00 17,738.00 17 10 DRS 3,460.00 34,600.00 3,500.00 35,000.00 1,000.00 10,000.00 2,534.00 25,340.00 18 820 SF 140.00 114,800.00 117.07 * 95,997.40 182.93 150,000.00 137.00 112,340.0019 438 SF 115.00 50,370.00 219.18 * 96,000.84 45.66 20,000.00 137.00 60,006.0020 695 SF 35.00 24,325.00 1,189.93 * 827,001.35 14.39 10,000.00 131.00 91,045.00 21 980 SF 38.57 37,798.60 30.61 * 29,997.80 10.20 10,000.00 11.00 10,780.00 22 1,255 SF 15.00 18,825.00 15.94 * 20,004.70 7.97 10,000.00 10.00 12,550.0023 9,000 FLSF 29.41 264,690.00 20.56 * 185,040.00 20.00 180,000.00 26.00 234,000.00 24 9,000 SF 9.91 89,190.00 3.67 * 33,030.00 4.11 37,000.00 5.00 45,000.0025 9,000 SF 2.59 23,310.00 2.22 * 19,980.00 1.67 15,000.00 2.00 18,000.0026 9,000 SF 19.96 179,640.00 38.89 * 350,010.00 12.23 110,100.00 20.00 180,000.0027 9,000 SF 7.92 71,280.00 6.11 * 54,990.00 7.56 68,000.00 6.00 54,000.0028 10 EA 9,806.80 98,068.00 4,400.00 44,000.00 500.00 5,000.00 5,237.00 52,370.0029 1 PR 9,500.00 9,500.00 6,500.00 6,500.00 7,000.00 7,000.00 7,331.00 7,331.00 30 1 EA 1,250.00 1,250.00 8,000.00 8,000.00 4,000.00 4,000.00 9,426.00 9,426.00 31 7 EA 1,078.57 7,549.99 29,500.00 0.14 1.00 5,087.00 35,609.00 32 9,000 SF 25.69 231,210.00 16.72 * 150,480.00 9.44 85,000.00 12.00 108,000.00 33 9,000 SF 2.11 18,990.00 0.94 * 8,460.00 0.78 7,000.00 2.00 18,000.00 34 9,000 SF 1.06 9,540.00 0.39 * 3,510.00 5.56 50,000.00 2.00 18,000.00 35 9,000 SF 2.32 20,880.00 0.61 * 5,490.00 0.33 3,000.00 2.00 18,000.00 36 1 Lot 26,072.00 26,072.00 85,500.00 85,500.00 20,000.00 20,000.00 250,998.00 250,998.00 37 85 EA 300.00 25,500.00 670.59 * 57,000.15 529.41 45,000.00 314.00 26,690.00 38 21 EA 379.48 7,969.08 452.38 * 9,499.98 95.24 2,000.00 611.00 12,831.00 39 38 EA 565.79 21,500.02 250.00 9,500.00 100.00 3,800.00 351.00 13,338.00 40 19 EA 307.89 5,849.91 250.00 4,750.00 52.63 1,000.00 703.00 13,357.00 41 3,245 LF 16.00 51,920.00 14.64 * 47,506.80 10.00 32,450.00 8.00 25,960.00 42 100 AMPS 60.00 6,000.00 237.50 23,750.00 30.00 3,000.00 534.00 53,400.00 43 1 EA 9,500.00 9,500.00 14,250.00 14,250.00 3,000.00 3,000.00 6,675.00 6,675.00 44 200 AMPS 55.00 11,000.00 95.00 19,000.00 10.00 2,000.00 33.00 6,600.00 45 180 LF 56.50 10,170.00 263.89 * 47,500.20 55.56 10,000.00 148.00 26,640.00 46 23 EA 1,160.87 26,700.01 619.57 * 14,250.11 100.00 2,300.00 1,740.00 * 40,020.00 47 2 EA 1,500.00 3,000.00 4,750.00 9,500.00 1,000.00 2,000.00 3,338.00 6,676.00 48 19 KW 5,250.00 99,750.00 3,750.00 71,250.00 3,421.05 65,000.00 3,615.00 68,685.00 49 9,000 SF 3.37 30,330.00 2.64 * 23,760.00 1.00 9,000.00 1.00 9,000.00 50 9,000 SF 7.00 63,000.00 2.64 * 23,760.00 1.00 9,000.00 4.00 36,000.00 51 9,000 SF 10.00 90,000.00 1.58 * 14,220.00 0.56 5,000.00 1.00 9,000.00 $4,751,994.88 * $4,950,290.61 * $5,300,651.00 * $5,484,578.00 Diede Construction, Inc.

PO Box 1007
Woodbridge, CA 95258
Fused DisconnectsPV SystemLighting MaterialsLighting InstallationBattery PacksSensorsSwitchesDrains/Trap Primers/BibbsHVAC Units and AccessoriesRigging/CurbingSeismic BracingTest & BalanceMiscellaneous SpecialtiesData/SignalFire AlarmSecurity System/Access ControlConduit and WireDistribution Panels - 480VTransformers - 45KVAFeedersOutletsDistribution Panels - 208VFire ProtectionPlumbing FixturesDrinking Fountains-Hi/Low w/Bottle FillerMop SinkDrywall-CeilingCeramic TileFlooringPaint/Wall CoveringToilet AccessoriesDoors/Frames/Hdwr-Int.Exterior GlazingInterior GlazingAcoustical TileSlab on GradeSubtotal-Exterior WallsSubtotal-Interior WallsPre-Engineered Metal BuildingMisc. MetalsGeneral Site Work/Landscape/IrriagationTraffic ControlInfill Bldg to RemainConcrete FoundationsDoors/Frames/Hdwr-Ext.Item Description Quantity
and Unit
Elk Grove, CA 95683
Excavation, Fill and Grading

BID TOTAL
Site Utilities: Sanitary Sewer/Lighting/Electrical/Comm/Low Voltage Modesto, CA 95357
PO Box 577516
Menghetti Construction, Inc.
9722 Kent Street
Bobo Construction, Inc.

Mobilization/DemobilizationBuilding DemolitionTemporary Shoring to Structure to RemainGeneral Site Demolition Atchitects Estimate
655.08A
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ABSTRACT OF BIDS FOR THE CITY OF LIVINGSTON

LIVINGSTON REC-PLEX
Bid Opening: JULY 23, 2026
HD Matthews Demo & Excavation CVE Demo HD Matthews Demo & ExcavationRivas Construction Firestorm Construction Dave Christian ConstructionDoug De Leo Welding Stoncore Group Allen Waggoner ConstructionCoast Building Products Coast Building Products Touch of Green Landscape KC&S KC&S Construction Specialties Revis ConstructionDon's Mobile Glass Nor-Cal Glass Meyers ConstructorsU-Neac Framing & Drywall Bruce K Hall Construction Coast Building ProductsHY Floor HFC Company Commercial StorefrontsJoaquin Painting Four C's Construction Jackson Young DrywallPresidential Fire Protection Joaquin Painting HY FloorStoncore Group H2I Group Crown PaintingJohnson Plumbing Presidential Fire Protection H2I GroupADP Lemco Withers Mechanical Rackley CompanyBraswell B&M Civil Presidential Fire ProtectionAllen Waggoner Construction Hamilton & Dillon Electric Withers MechanicalEco Landscape Hensley's Paving & General Eng. B&M Civil LLCRackley Co. Touch of Green Landscape B&H ElectricB&M Civil Allen Waggoner ConstructionHamilton & Dillon Electric Bobo Construction Subcontractors Listed:
655.08A
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Project Name/No.: Livingston Rec-Plex Contract No.: 655.08A-2026 Project Manager: José A. Ramírez State Contract Number: C9803036 01424.0001/923138.1 1

PARKS AND RECREATION AGREEMENT

BETWEEN CITY OF LIVINGSTON AND
_____________________
THIS PARKS AND RECREATION AGREEMENT (“Agreement”) is made and entered into this ____ day of ________, 2026 by and between the CITY OF LIVINGSTON, a municipal corporation, (“City”) and BOBO CONSTRUCTION, 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 LIVINGSTON REC-PLEX (“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 Proposal, General Provisions, 114 of 249
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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 115 of 249
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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 116 of 249
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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 117 of 249
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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. 118 of 249
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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 119 of 249
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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. 120 of 249
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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 FOUR MILLION NINE HUNDRED FIFTY THOUSAND TWO HUNDRED NINETY DOLLARS AND SIXTY ONE CENTS ($4,950,290.61) 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) 121 of 249
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days from completion of the work in accordance with Section 7107 of the Public Contract Code.

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 two hundred sixty (260) 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 three thousand dollars ($3,000.00) 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. 122 of 249
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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:

Chris Bobo President
(Name) (Title)
Austin Bobo Vice President
(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 123 of 249
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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. 125 of 249
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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 126 of 249
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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 127 of 249
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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 128 of 249
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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 129 of 249
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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). 131 of 249
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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. 132 of 249
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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. 133 of 249
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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. 135 of 249
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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. 136 of 249
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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.

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 137 of 249
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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:

BOBO CONSTRUCTION, INC.

License Number: 183537
DIR Number: 1000000906
By:

Name: Chris Bobo
Title: President
ATTEST:

Monica Cisneros, Deputy City Clerk
By:

Name:

Title:

Address:

APPROVED AS TO FORM:

BURKE, WILLIAMS & SORENSEN, LLP
Marc Tran, City Attorney of 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. 139 of 249
01424.0001/923138.1 A-1

EXHIBIT A
CONTRACTOR’S BID
140 of 249
01424.0001/923138.1

EXHIBIT B

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
If the Parties wish to revise provisions in the Agreement above (from page 1 through the signature page), then the revisions shall be presented in this Exhibit B, with deletions shown in strike through and additions shown in bold and italics.
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r"' _ _, - -
.
r--
9722 Kent Street
. )!2!!
Elk Grove, CA 95624
Ph: (916) 383-7777
Fax: (916) 383-1681
boboconstructioninc.com
CA Lie No: 183537
TO:

Livingston Rec Plex
City Clerk of City of Livingston
1416 C St.,
Livingston, Ca 95334

BID ENCLOSED- DO NOT OPEN
July 23, 2026, 2:00PM
-
~@l~O~tro
JUL 2 3 2016
\-.E,3~
' City of Livingston -
!
I
143 of 249

F PARKS AND RECREATIO
B BOOK
FOR

C NSTRUCTION OF
Bid Opening Date: July 23, 2026 @ 2:00 P .M. PDT

GOUVEIA ENGINEERING
456 Sixth Street, Gustine, California 95322
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BID BOOK

TABLE OF CONTENTS
PROPOSAL TO CITY ................................ ............... ....................................................................................... 1-14 BID SCHEDULE .............................................................................................................................................. 3-14 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS ..................................................................... .4-14 STATEMENT OF QUALIFICATIONS ............................................................................................................. 5-14 EQUAL OPPORTUNITY CERTIFICATION .................... ................................................................................ 6-14 PUBLIC CONTRACT CODE STATEMENTS ................................................................................................. 7-14 PUBLIC CONTRACT CODE QUESTIONNAIRE ............................................................................................ 8-14 CONTRACTOR'S CERTIFICATION REGARDING WORKER'S COMPENSATION INSURANCE. .............. 8-14 NONCOLLUSION AFFIDAVIT ........................................................................................................................ 9-14 DEBARMENT AND SUSPENSION CERTIFICATION ................................................................................... 10-14 NPDES/MS4 COMPLIANCE CERTIFICATION .............................................................................................. 10-14 SIGNATURE PAGE ............ ..................................................................................................................... ....... 11-14 BID BOND ....................................................................................................................................................... 12-14 - TABLE OF CONTENTS I -
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DO NOT STAPLE

PROPOSAL TO THE CITY OF LIVINGSTON

DEPARTMENT OF PARKS AND RECREATION
NAME OF BIDDER --=..a~a-..=.=.:....:..:=.:....::::.=.:..:..:.:..:.;.....,,,_,=.:..... Bobo Construction. Inc. ____________ _ BUSINESS P.O. BOX ----------------------
CITY, STATE, ZIP ----------------------- (Please include even if P.O. Box used) BUSINESS STREET ADDRESS 9722 Kent St. ----""'--"----- --------- CITY, STATE, ZIP Elk Grove, Ca 95683
TELEPHONE NO.: AREA CODE (
FAX NO.: AREA CODE (
) 916-383-7777
) 916-383-1681
CONTRACTOR LICENSE NO.: 183537 -------------------
Department of Industrial Relations (DIR) Registration No.: _1..:....:0=0,,_,,0=0=0=0=9=06><------- 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.

Th-e special provisions and plans for the work to be done are dated June 2026 and are entitled:
655.08A

CITY OF LIVINGSTON

DEPARTMENT OF PARKS AND RECREATION

CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

LIVINGSTON REC-PLEX
BID 1 of 14
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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 st1all 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 wil l 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 cov~r every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for wi ll be determined in the discretion of the CITY of LIVINGSTON, and that di cretion 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 3 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 p incipals are those named herein; that this proposal is made without collusion with any other person, fi1m, 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 655.08A BID 2-14
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I ITEM §40 ITEM DE~ 5Y5TEM ' I
UNIT !JlflCO$T fTE.H TOT .IJ. I
IIIO. QtWfflJY . . . . .
, DIVISION 2·. ,
I, 1 MOBILIZATION/ DEMOBILIZATION 1 LOT '\>'\,OOD C\l-\ t>oe .. I, 2 BUILDING DEMOLITION 9,510 SF Y.. '\1-f 1-1, N~t) ),- 3 TEMPORARY SHORING TO STRUCTURE TO REMAIN 1,720 SF \\.~?.. 'Lb IV\ t ') .. , ),- 4 GENERAL SITE DEMOLITION 1 EA '¼ieoo 'le. ""'~' . 5 EXCAVATION, FILL AND GRADING 25,709 SF 0 .19: I?() Iv-'\~ l I, 6 SITE UTILITIES: SANITARY SEWER/ LIGHTING/ ELECTRICAL/ COMM/ LOW VOLTAGE 25,709 SF c;.7.,c; \"l.,.C;, l"\~t) .. 7 GENERAL SITE WORK/ LANDSCAPE/ IRRIGATION 25,709 SF 7-_q9 11~ l'\C)Q . ),- 8 TRAFFIC CONTROL 1 LOT to.ooo \O.~oo I, TOTAL . . . . . 'i7>1.~
DlVtslJ;>NT:3! - - -A
9 INFILL BLDG TO REMAIN ' 1,720 D SF S'b.\1-\ \Q0,1"11<11''1 I 10 CONCRETE FOUNDATIONS 11 CYDS \ \ ,3(.-;. Co"i \"iC::,.l\i-~t) 11 SLAB ON GRADE 9,000 FLSF 1-1.7S '2.loe> c»o , ___ . " """"" ' ' ' ' ' ' ' ' ' ' ' ' ' ,, ' ' • I -,. -_, _.. ... f ~ ,. ),- DMSION5 I•
,\. 12 SUBTOTAL-EXTERIOR WALLS 3,815 SF ,~.\\ so()~~
' 13 SUBTOTAL-INTERIOR WALLS 12,268 ' SF (D.C\'s I~? OC>U ),- 14 PRE-ENGINEERED METAL BULDING 9,000 SF 1M, -1o I ,';10,10"\ I, \, 15 MISC. METALS 9,000 SF :,/b'2> 11>0,ceo I•
,\. TOTAL I, ~-Z.5.1b"\ <. _ .. L , O , ~ •- ..
< ' .. 1,, 11' Jt,.r I,: 1)- u " ~ I ' r 1-~ ' . , .I,. 1£ ,l.'. >_I.': .I," • }. r .i.;_ ' !t,, ~ - - _,. l. l.-" ,._ ... ' .. ' • ~ ~ ... ... .. ~ ,., ., n/U - --
16 DOORS I FRAMES/ HDWR - EXT. 7 DRS °?tao<::> 'l. '-\ . c:.r..n 17 DOORS/ FRAMES/ HDWR - INT. 10 DRS ',soc 3t:.:>,CO(:) 18 EXTERIOR GLAZING 820 SF \\1.Dr qt,.,C)C)Q
19 INTERIOR GLAZING 438 SF '1..\q . \~ IQt,._tl'i'\t)
TOTAL ·1..s, ~e
DMSION9·
20 DRYWALL- CEILING 695 SF \ I (?;'1. q?, I ~'2..7. l"ltv\ 21 CERAMIC TILE 980 SF ~.Co\ $0 000
22 ACOUSTICAL TILE 1,255 SF '~·"'1 ?_O t>bb
23 FLOORING 9,000 FLSF '2,b.'o\., \ic::,_~c\
24 PAINT/ WALL COVERING 9,000 SF ~-Cr>r 1'_~~1'\C>O
TOTAL \,OCR<"t<l---.
l!>MSION10
25 TOILET ACCESSORIES 9,000 SF tJ., . i? ?J.:> tle>O
26 MISCELLANEOUS SPECIALTIES 9,000 SF ..W.,..1!....M ~ ca.con TOTAL - - i,r;:,· ~ee
1 1
DMSIGN2t . 27 FIRE PROTECTION 9,000 SF Co. \l s,::,. ae>~ TOTAL lo~ N~O
OIVISl0Ni22
28 PLUMBING FIXTURES 10 EA '1,'"t 00 L.{ t,f "'°'0
29 DRINKING FOUNTAINS- HJ/ LOW WI BOffiE FILLER 1 PR ((,,!:oo \'o 'Se\) 30 MOP SINK 1 EA 'B° 000 i.N">Q
31 DRAINS/ TRAP PRIMERS/ BIBBS 9-'i -~ TOTAL ~OOt)
OI-VfSION23
32 HVAC UNITSANDACCESSORIES 9,000 Sf \(, .,?_ \locCi,c,o 33 RIGGING/ CURBING 9,000 SF C, . '\Lf g- .l!ioo
34 SEISMIC BRACING 9,000 SF D ."!:A fl,. c.i--1)
35 TEST & BALANCE 9,000 SF C>.G,\ t;o-..c.

TOTAL \Co~. (:)Or-"\
DIVISl&N 2f>

LIGHTING
148 of 249
36 LIGHTING MATERIALS 1 LOT '6S looo ~ loC>O
37 LIGHTING INSTALLATION 85 EA C.10.'o'f t?J, l'IOb
38 BATTERY PACKS 21 EA '1Q'2..3B C\ (;;ob
39 SENSORS
-
38 EA 1.So C\ .C-.ivl
40 SWITCHES 19 EA 1.-'oD Li • ""1t-.h
41 CONDUIT AND WIRE 3,245 LF l'1.<,'1 Lt,. bee>
POWER
42 DISTRIBUTION PANELS
- 480 V 100 AMPS ?.:~/. 'c>o ~3
.,~C>
43 TRANSFORMERS -45 KVA 1 EA \ 11, '2-St> \Lt ,, ~
44 DISTRIBUTION PANELS- 208 V 200 AMPS <\to.Cb \q 000
45 FEEDERS 180 LF 'lJ, 3 . '6'\ Lfl~
46 OUTLETS 23 EA fo\C\.~7 \\.\,., C,O
47 FUSED DISCONNECTS 2 EA Lf,7S() '\ «oc>o
48 PVSYSTEM 19 KW 3,15C> -,,,2~
49 DATA/SIGNAL 9,000 SF '2..(oL{ '2-:,,j?C)
50 FIRE ALARM 9,000 SF tz....(d-i tt '3 _;t,,n
51 SECURITY SYSTEM/ ACCESS CONTROL 9,000 SF \.ss \'-\.,., t:..o TOTAL H1'5.000
TOTAL BID I,..(, 9~0, '2.o"f. ao
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INFOFt!\M\ nor\! REQUIRED or.:: B!DDER
List of Subcontractors
As of March 1,2015, Contractors (and sub-contractors) wishing to bid on public works contracts sha!! 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/ContractorReqlstration.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) Registration No.

2.,L{ 1)fvvl'> l • I, i L\',S"4 ~ \ a)o19D '6ob~ ttu /V"IQ~e""'".s. f-r~,10( (fl
q, 10,11 C.oAC-\'"e.~~ <g. /. ~5"8 Z, -0 2. OCOO \'-Ito? fl\ V A5 o"' ~d""le cA lf fYI e~I fub l. (. '25/J~~ 10 I 000D Sis i ~z. D:::>~ 1>e C..t.:> L,11JS(("\r CA l'Z,13 /VlSvfG\fio~ I • (. 4b~ 440 l ooo foS-01.1'11 Co"s+ <;"°c, ( Yl.i M.P;'\. h,' ( A /~,l'1 VfH l • I - l o'-i 3boY l 0000 l,?, 'Z. L.f Lf t<c.<s V'\11 oJP'-.b, CA
\~, ,q ~\ a.S5 o/(a~, 1t j ~-,. 11S 3 l v, ( 000001~1~ "'t)o iS m '?.'('(eJ, CA 11, l'2>,2-o m.e\..t fvoMt"o/ l Drc.t w-c, l l \ 1;,· (· b611 bY \ 00 ooo '31.. '1. o U-ll eo. e, [lo,~(.._,., Co-.dJova.. , r A
655.08A
BID 5-14
150 of 249
!NFOFtMA T!t')N REQWRED OF BIDDER
List of Subcontractors
As of March 1,2015, Contractors (and sub-contractors) wishing to bid on public works contracts sha!I 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!stration. 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) Reoistration No.
1,?, w o oO ~\<Jov- ?, • (. -,S--1 l Z. 7 I 00000015~ \-1 . '(. <.a ,'I Ct, r.r( oi CA
z.,.. rl'.l\ t\\ l I,. 1-18C, I Y 7 l 000011n z J o'tt" ·, 11 ro.rb rt\ - I
i,1 (\v-t 5pr 'll~tr-S l • (. ~'i 11'31 l Ol'.t>oO '1 "11 f v-rs,cJ, ,,ho(., )C'tC..rt. tlll.M N1 r A i~ ~PP~ "fl oo~,, \.,. 2,.Sl,~<{O l e,ooo lo I l93 Stov' ~av-I C\H~ l-\; IL CA -
2%-l.,I f( V A'\b• t '(, 5'2.fo og (o \ 0000©0 lS~ '5o\lln ~'" (($,IJ'[ii I C, A flfz.ro A--\"'\ Q. tt C. et,"iMe,.,t ·f ,, 1 ?,\ ',ii ( OOoO ?;z_ ct (5 ~() $fq,>e{' I vt s ,ea r~\f\ti.V'~ 1: (, \ Ob 1S~'l-lo \ ooo ijj-,6 olo E-~5wetl Clove"), cA
655.08A
BID 5-14
151 of 249
lNFORMAT!ON REQUmED OF B!DDER
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) Registration No.
v+rl:h.u i ·(. l.,o~J s~ I 0090?412.1 AAw
t2- •P"'""· CA
1 Land 5 c.cqlt z'(. ( o\ "11"1'2- I t,w0'11.{3qz.. G-c..o '(.,.~""', cA I"\ ?~Mi? l n~~\l ?;(. LU4 Ol{l f (XX)oO S'G\5 I ~CA~\t'1 CJr\o.vtd, vf\ iz.-,s t'c v A<. 1. (. i3b\ 'fsl.{'6 I W\90 1., 1 '6 l fV' t)..QhL~'.1 ur<Yeva,c A B1c- ~, -e, \ e e, '- CA G 9-/- 1i1oob l ocoo '-t; s-~ 4 Hcu\\;\-\-o" Otlloi\ M oue\ 1-o c A 655.08A
BID 5-14
152 of 249
!NFOf>'M!\ T!ON REOtJtR.ED 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 l1a!f 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) Reqistration No.
655.08A
BID 5-14
153 of 249
!NFOP:MA T!ON REGU!RED 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/P_ublic~_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) Registration No.
655.08A
BID 5-14
154 of 249
INFORMATION REQU!R~D OF BIDDER
List of Subcontractors
As of March 1,2015, Contractors (and sub-contractors) wishing to bid on public worl(s 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) Registration No.
655.0BA
BID 5-14
155 of 249
!NFOf"~f'IM-\ T!ON REQWRED 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/ContractorR~glstration.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) Registration No.
655.0BA
BID 5-14
156 of 249
INFOF~MAT!ON REQU!RED 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:/lwww.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 Petiormed of Total Subcontractor's Industrial Subcontractor's Name and Address No. Contract License No. Relations (DIR) Reaistration No.
655.0BA
BID 5-14
157 of 249

INFORMATION REQUIRED OF BIDDER
List of Subcontractors
As of March 1,2015, Contractors (and sub-contractors) wishing to bid on public works contracts sha!I 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.
655.08A
BID 5-14
158 of 249
INFORMA T!ON. 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.dlr.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} Registration No.
655.08A
BID 5-14
159 of 249
!NFORMA T!ON REQf mtl:D 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://w\NW.dir.ca.qov/Public-Works/ContractorRegistration .'ht_m! 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.

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 (wllichever 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.
655.08A
BID 5-14
161 of 249
!NFORMAT!ON 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-Warks/ContractorReqlstration. 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 (wl1icl1ever 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.
655.0SA
BID 5-14
162 of 249
STATEMENT OF QUALi FiCA TIONS
Experience
Bidder shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
1 2 3
Village Park Rengstorff Park Keyes ES & Spratling
Project Title Renovation Aquatics Center MS Modernizations Replacement
Fair Oaks Recreation City of Mountain View Keyes Union School Public Agency and Parks District District
Address Fair Oaks, Ca Mountain View, Ca Keyes, Ca
Telephone No. 916-633-0577 949-27 4-0827 209-605-3064
Engineer in Charge Mike Aho Lance Solomon Erik Morriss
Project Value ($) $23,731 ,377 .00 $22,088,000.00 $2,140,000.00 Date Accepted 4/2022 4/2022 5/2023
Claims Filed? N/A N/A N/A
If yes explain
below:
655.08A BID 6-14
163 of 249
(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 Bobo Construction, Inc. , proposed subcontractor(s) - --------,----------=--_.,_- ---------- hereby certifies that he
~ as
D has not
~ v
(list Subcontractor(s) above)
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 shall also constitute signature of these certifications. 655.08A
BID 7-14
164 of 249

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
~ 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.
555.08A
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 8-14
165 of 249
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
!XI 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 Sacramento
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.

Bobo Construction, Inc.
(Name of Contractor)
Date: 7/23/2026 - -----
655.0BA BID 9-14
166 of 249
655.0BA
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF LIVINGSTON, DEPARTMENT OF PARKS AND RECREATION 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 10-14
167 of 249

DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
Tl1e 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;
r1as 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 S~1stem (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. 655.08A
The above certifications are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of these Certifications.

BID 11-14
168 of 249
Accompanying this proposal is ___ B_i_d_d_e_rs_ B_o_n_d ______________ _ (NOTICE: INSERT THE WORDS "CASH($ ___ ~," "CASHIER'S CHECK," "CERTIFIED CHECK," OR "BIDDER'S BOND," AS THE CASE AMY 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:

I P RTA T 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 coparlnership, state true name of firm, also names of af/ individual coparlners composing firm; if bidder or other interested person is an individual, state first and last names in fufl.

Bobo Construction, Inc.

Chris Bobo President Carly Nicholas Secretary
Austin Bobo Vice President Travis Nicholas Treasurer
Licensed in conformance with an act providing for the registration of Contractors, License No. 183537 --~~~~----- Classification(s) A, 8 1 CB. C20, C36, C43. D28 Department of Industrial Relations (DIR) Registration No. __ 1_0_0_0_0_0_0_9_0_6 _______ _ 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). 555.08A
Date: 7/23/2026
Austin Bobo ~
~ -B-id-d-er
Business Address 9722 Kent St. , Elk Grove Ca 95624
Place of Business 9722 Kent St., Elk Grove Ca 95624
Place of Residence 9722 Kent St.. Elk Grove Ca 95624
BID 12-14
169 of 249

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

BIDDER (Name and Address)
BOBO CONSTRUCTION, INC.
9722 Kent Street
Elk Grove, CA 95624
OWNER (Name and Address):

CITY OF LIVINGSTON
1416 C Street
Livingston, CA 95334
BID
Bid Due Date: July 23, 206
Description: (Project Name and
Location) Livingston Rec-Plex
641 Sixth Street
BOND Livingston, CA 95334
Bond
Number: n/a
Date: July 16, 2026
Penal
SURETY (Name, and Address of Principal Place
of Business):

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
1299 Zurich Way, 5th Floor
Schaumburg, IL 60196-1056
$
Sum: **TEN PERCENT {10%) OF AMOUNT BID** **10%**
(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
By:

Prinf ~,me
Y/c.,t ~t~tllf:Nf
• Title
SURETY

FIDELITY AND DEPOSIT COMPANY OF

MARYLAND
-------------- Surety's Name ang Corporate Saa.I
, (Seal)
By: fd ~. -- sigrla~ (Attach Power of Atiomey) -
Karen Amin
Print Name
Attorney-in-Fact
Title
Attest:

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

Provide execution by any additional parties, such as joint venturers, if necessary. 655.08A
BID 13-14
170 of 249

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 San Joaquin
On ___ J_u...,ly_1 __ 6,_2_02_6 _____ before me, --------'Je ___ n ___ ni___ fe__ r L ___ o..._pe....,r..._, N .... o=ta ___ ry'""'P"""u=bl ___ ic ______ _ (insert name and title of the officer)
personally appeared Karen Amin
who proved to me on the basis of satisfactory evidence to be the person(~ whose name(~ i~ subscribed to the within instrument and acknowledged to me that tut/she~ executed the same in tut/her~ authorized capacity~. and that by~hermoot signature~) on the instrument the person(~. or the entity upon behalf of which the person~) acted, executed the instrument.

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

WITNESS my hand and official seal.
(Seal)
JEN~IFER LOPER
/'101ary Public • Cal!fornia
San Joaquin County !
Commission!/ 2508440
y Cornm . Expires Jan 27, 2029
171 of 249

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Christopher Nolan, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel M. CONNOLLY, Jennifer LOPER, David SCHNAPP, Karen AMIN of Lodi, California its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMP ANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.

The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force.

IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 2nd day of April A.D., 2025. 3~i 1r- /'
By: Christopher Nolan
Vice President
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
On this 2nd day of April A.D. 2025, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Christopher Nolan, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.

Genevieve M. Maison
Notary Public
My Commission Expire January 27, 2029
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 172 of 249

EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or VicePresident may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, polices, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer orany such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify ofrevoke any such appointment or auhority at any time."

CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attpmey is still in full force and effect on the date of this certificate; and I do further certify that Aticle V, Section 8, of the By-Laws of the Companies is still in force.

This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Boa:d of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.

RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an AssistantSecretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereofb111ring such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Boa:d of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.

RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signatue of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearilg upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same forceand effect as though manually affixed.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 16th day of July 2026 .

Mary Jean Pethick
Vice President

TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION

OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO:

Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
reportsfc [email protected]
800-626-4577
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 173 of 249

State of California
County of Sacramento
On July 23, 2026 before me, Lindsey Collins, Notary Public (insert name and title of the officer)
personally appeared _A_u_s_t_in_B_o_b_o _____________________ _ 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. ~ e ~.:: e 7i11:;Nl7ol;C;Ll;S ft f _ _ ~ Notary Public • ullfornia 5 i . ;; Sacramento County > Commission I 78◄ 17
My Comm. Expires Jan 2, 2028
(Seal)
174 of 249
Project:

Owner:

Bid Date:

To:

From:

ADDENDUM NO. 01
Date of Addendum: July 13, 2026
Livingston Rec-Plex
City of Livingston
July 23, 2026
Prospective Bidders
Gouveia Engineering
456 Sixth Street
Gustine, CA 95322

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

2. The Contract Documents are hereby modified to effect the changes in the attached Addendum 1 from SV A Architects.

3. Bids shall be submitted in accordance with this Addendum No. 1. All Bidders MUST acknowledge receipt of this Addendum by signing and returning this Addendum v.-ith your Bid. Failure to include this Addendum No. 1 with your bid shall result in your bid being rejected as non-responsive.

Gouveia Engineering Firm Name:

By:
-
Bobo Construction, Inc. ~
t ,' • . ~/ > ·
Austin Bobo
7 ~
J ' 1i. lJ._ .. ,__,1 :.....r .:- -...-_. Title: Vice President By: Mario B. Gouveia, PE
Date: 7/23/2026
- - ---- --- - ------
175 of 249
Project:

Owner:

Bid Date:

To:

From:

ADDENDUM NO. 02
Date of Addendum: July 15, 2026
Livingston Rec-Plex
City of Livingston
July 23, 2026
Prospective Bidders
Gouveia Engineering
456 Sixth Street
Gustine, CA 95322

1. This Addendum forms a part of the Bidding Documents and will be incorporated into the Contract Documents, as applicable. A11 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 changes in the attached Addendum. 2 from SV A Architects.

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. 2 with your bid shall result in your bid being rejected as non-responsive.

Gouveia Engineering Firm Name: Bobo Construction, Inc.

Title: Vice President
Date: 7/23/2026
176 of 249
I
Menghetti Construction, Inc
PO Box 577516
Modesto CA 95357
Sealed Bid Proposal for:

Livingston LRC Rec-Plex
Office of the City Clerk
City of Livingston
1416 C Street
Livingston CA 95334 ~@&.Ow@@
JUL 2 3 2016
City of Livingston
\ '.ITT ~
177 of 249

CITY OF LIVINGSTON

DEPARTMENT OF PARKS AND RECREATION

BID BOOK
FOR

CONSTRUCTION OF

LIVINGSTON REC-PLEX
Bid Opening Date: July 23, 2026 @ 2:00 P .M. PDT
Menghetti Construction, Inc.

GOUVEIA ENGINEERING
456 Sixth Street, Gustine, California 95322
178 of 249
. .,

BID BOOK

TABLE OF CONTENTS
PROPOSAL TO CITY ..................................................... ............. ........................................... ........................ 1-14 BID SCHEDULE ..................................... ......................................................................................................... 3-14 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS ....................................... ............................... 4-14 STATEMENT OF QUALIFICATIONS ............................................................................................................. 5-14 EQUAL OPPORTUNITY CERTIFICATION .............................................................................. ...................... 6-14 PUBLIC CONTRACT CODE STATEMENTS ................................................................................................. 7-14 PUBLIC CONTRACT CODE QUESTIONNAIRE ............................................................................................ 8-14 CONTRACTOR'S CERTIFICATION REGARDING WORKER'S COMPENSATION INSURANCE. .............. 8-14 NONCOLLUSION AFFIDAVIT ........................................................................................................................ 9-14 DEBARMENT AND SUSPENSION CERTIFICATION ............................................................ ....................... 10-14 NPDES/MS4 COMPLIANCE CERTIFICATION ........................................................................... ................... 10-14 SIGNATURE PAGE ........................................................................................................................................ 11-14 BID BOND ................................................... ............................................. ·-····· .. ······································ ....... 12-14 Menghetti Construction, Inc.
- TABLE OF CONTENTS I -
179 of 249

DO NOT STAPLE

PROPOSAL TO THE CITY OF LIVINGSTON

DEPARTMENT OF PARKS AND RECREATION
Menghetti Construction, Inc.

NAME OF BIDDER _____________________ _
BUSINESS P.O. BOX PO Box 577516
- --------------------
Modesto CA 95357
CITY, STATE, ZIP _____________________ _
( Please include even if P. 0. Box used)
5019 Maze Blvd. BUSINESS STREET ADDRESS _______________ _ CITY, STATE, ZIP _____ M_o_d_e_st_o_C_A_9_5_3_5_8 _________ _ TELEPHONE NO.: AREA CODE (
(209) 524-2465
) ______________ _
FAX NO.: AREA CODE ( ) _(2_0_9_) 6_6_5_-0_1_20 ________ _ 697651
CONTRACTOR LICENSE NO.: ________________ _
1,000,028,880
Department of Industrial Relations (DIR) Registration No.: _________ _ The work for which this proposal is submitted is for construction in accordance with the special provisions (including the payment of not less than the State general prevailing wage rates), the project plans described below, including any addenda thereto, the contract annexed hereto, and also in accordance with the Current California Department of Transportation Standard Plans, Standard Specifications, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.

The special provisions and plans for the work to be done are dated June 2026 and are entitled:

CITY OF LIVINGSTON

DEPARTMENT OF PARKS AND RECREATION

CONTRACT DOCUMENTS
Menghetti Construction, Inc.
655.0BA

FOR CONSTRUCTION OF

LIVINGSTON REC-PLEX
BID 1 of 14
180 of 249
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.

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.

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.

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 Menghetti Construction, Inc.
655.0BA
BID 2-14
181 of 249
. '
: I .. • • ' ,.
► DIVISION2
1 MOBILIZATION/ DEMOBILIZATION ►
1 LOT --!\ .:.18, pf)
2 BUILDING DEMOLITION 9,510 SF IJ.. 0'CJ, Oil 0 ►
3 TEMPORARY SHORING TO STRUCTURE TO REMAIN 1,720 SF :,~ 00. 0 ► 4 GENERAL SITE DEMOLITION 1 EA L i,~ 2), C) ► 5 EXCAVATION, FILL AND GRADING 25,709 SF j.., ~/{ {)/_ 0, 6 SITE UTILITIES: SANITARY SEWER/ LIGHTING/ ELECTRICAL/ COMM/ LOW VOLTAGE 25,709 SF I~ oa on 7 GENERAL SITE WORK/ LANDSCAPE/ IRRIGATION 25,709 SF \ LI'? O< ::~ ► 8 TRAFFIC CONTROL 1 LOT ~ . O(>( TOTAL , . . . . ... DIVISION3 - - -A 9 INFILL BLDG TO REMAIN ' 1,720 D SF
10 CONCRETE FOUNDATIONS ·" ...... °' 0-0 0 11 CYDS LI dQ. DO 6 11 SLAB ON GRADE 9,000 FLSF '2. ,I;',(>. C oa ,_m_,,,,,,,,,,,,,,,, - - ' ' ' ' ' ' . ' ' ' "" T "'T . . . . . . ' . . '' DIVISIONS i,.
►
12 SUBTOTAL-EXTERIOR WALLS 3,815 SF , C:--O0 ()f.:. 0 ► 13 SUBTOTAL-INTERIOR WALLS ► 12,268 SF ~ 1;!:,
PRE-ENGINEERED METAL BULDING I ,(l qi,J t>O ► 14 9,000 SF ► 15 MISC. METALS 9,000 SF ~ l? o,O,( ,.1\.
► TOTAL ~
.. 'll'IJ""'""'•CJ
. al. IL I. IL IL . . . . . . . . . . . . ... ... . ... ......... - - 16 DOORS I FRAMES/ HDWR • EXT. 7 DRS ~ P. 0,.8,( ~
17 DOORS/ FRAMES/ HDWR - INT. 10 DRS 110 o,(J()
18 EXTERIOR GLAZING 820 SF I !t;-C? o- 9 D 19 INTERIOR GLAZING 438 SF ,;;i 0. (J,,t:) CJ' TOTAL , DIVISION9
20 DRYWALL- CEILING 695 SF /0. I)(> 0
21 CERAMIC TILE 980 SF //?; C¥J0
22 ACOUSTICAL TILE 1,255 SF I r1, 0 0-t:J 23 FLOORING 9,000 FLSF ,, ,,,, n. t:J (} 9 24 PAINT/ WALL COVERING 9,000 SF 1 ..., , ()0(

TOTAL I
DIVISION10
25 TOILET ACCESSORIES 9,000 SF
26 MISCELLANEOUS J " ()/)' ~ SPECIALTIES 9,000 SF 1 / (Y. l,GG TOTAL
DIVISION21
~o 27 FIRE PROTECTION 9,000 SF bx- () 4

TOTAL -,
DIVISION22
28 PLUMBING FIXTURES 10 EA l;I O {)C
29 DRINKING FOUNTAINS - HI/ LOW W/ BOTTLE FILLER 1 PR ,-:; {>c,.() 30 MOP SINK 1 EA il 008 31 DRAINS /TRAP PRIMERS/ BIBBS r TOTAL
DIVISION23
32 HVAC UNITS AND ACCESSORIES 9,000 SF C;,r8 oOi ~
33 RIGGING/ CURBING 9,000 SF ~ . '<>-o/3 34 SEISMIC BRACING 9,000 SF e;-:o oao 35 TEST & BALANCE 9,000 SF ~ ½on TOTAL M - - DIVISION26 ,~,, . n,,, _· ,

LIGHTING ,
Menghetti Construction, Inc.
182 of 249
. .
36 LIGHTING MATERIALS 1
37 LIGHTING INSTALLATION 85
38 BATTERY PACKS 21
39 SENSORS 38
40 SWITCHES 19
41 CONDUIT AND WIRE 3,245
POWER
42 DISTRIBUTION PANELS - 480 V 100
43 TRANSFORMERS-45KVA 1
44 DISTRIBUTION PANELS - 208 V 200
45 FEEDERS 180
46 OUTLETS 23
47 FUSED DISCONNECTS 2
48 PVSYSTEM 19
49 DATA/ SIGNAL 9,000
50 FIRE ALARM 9,000
51 SECURITY SYSTEM/ ACCESS CONTROL 9,000
TOTAL

TOTAL BID
Menghetti Construction, Inc.

LOT
EA
EA
EA
EA
LF
AMPS
EA
AMPS
LF
EA
EA
KW
SF
SF
SF
A I
• I
/ ()_ (j
t.1 .C t>-~
( , 00'
00 a
("J
·,: -~Ob
• • 01)0
, ·~ J.J ......
.. () , . '1. . o0{;
-,.OO(}
~ ~00'
10 JtJOa
Q. '30t:1
a. Q, oe
C.,<;', Ot · ()
l.t _ ·11 (>"/;
,n l>fJO
l\(f {)~ fl . V
~-3$01S5"'!
183 of 249
1 2
3 4
5 6
7 INFORMATION REQUIRED OF BIDDER
List of Subcontractors
As of March 1,201 5, 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/Contractor- Registratiofl._btml California
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 , as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms.

Bid Item
No. Description of Work to be Performed
2 Bldg Demolition
3 Temp Shoring
10 & 1 CIP Concrete
23 Polished Concrete Flooring
15 Misc Metals
12, 1 ~ Builidng Insulation
16, 1 ' Doors, Frames, Hardware
Menghetti Construction, Inc.
655.08A
Percent
of Total Subcontractor's
Contract License No.
100 '(01)~~,
100
100 ~Gr~3S
a-s--ij ce- J{ a,
100
'-165 ~If O'
100 ( o-'-1 ~ G '{ o
Dept. of
Industrial
Relations Subcontractor's Name and Address (DIR)
Reaistr:affen No.
,, S 301 ~vV~ :f (CZC)'
~ :zi,;s~
, .... , 3 ,S6 V {G- 0 c.°€n o
l-totG3 $Tofte,_ -r:/-ar cf cfov/J
t-6SO .t.p./7 ..... C~.1r Scicr (J
/
l a6J~¥'-f ~ / L,,,_.. ~c_)rs falodl'i10
BID 5-14
184 of 249
8 9
10 11
12 13
14 INFORMATION REQUIRED OF BIDDER
List of Subcontractors
As of March 1,2015, Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/Cont(actor- Registration.html California
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 of one percent
, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms.

Bid Item
No. Description of Work to be Performed
18, 19 Storefront and glass
12 I 13, 20 Metal Studs & Drywall
22 Acoustic Ceiling
23 Wood Athletic Flooring
23 Floor Covering
23 Epoxy Resin Flooring
,Mtsc-Garptffilry1
I s-h.-19 e, .:...-,vte 't-q, I
Menghetti Construction, Inc.
655.0BA
Percent
of Total
Contract
100
100
.

Dept. of
Subcontractor's Industrial
License No Subcontractor's Name and Address . Relations (DIR) Registration No.
~68506G t-t '60 6 /Vo,CQ( GI~ .5''7111
~i-,o ye , - ~ l7~ ~- 1(1; 'f:}1--'&I c e r I\,{ 11 r-- rAS"n o r~6rc!f5-~
~
-1 ,~ &~ I - 0 • '-f<"Af Ccz::( r'/ c.. 17 • V
,~r707
~ "i_.3 l>O 1i r/-cJf t,05 A
9oC{;;l. ~1/ (- i Cl(;~ l/ fouf' C
PtP..s ff<>
/I
IA ,/1 J ,
/f'~
BID 5-14
185 of 249
Tv ),?l~
, q.
16 17
18 19.

20. 21

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-VYJ:itks/Contractor- Registration. 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 of Total Subcontractor's Industrial No. Subcontractor's Name and Address Description of Work to be Performed Contract License No. Relations (DIR) Registration No.
~)(,21fPai nting Painting 00 4S9-ft(,7 1-1173~ ~ o/,,(//f) ~q&o 25 Toilet Partitions & Accessories 100
15 Athletic Equipment tc;,60'7jCf t- ~37~lg fr ~ _r: §;Yr>t:;;'f ti-.?-/ "t-c; 14 PEMB C.c:-.1 J6 R /, 11 ~('L - . ~ r~c . • """- - C , ... ... - - I • - "' - . -.J .,r ,. _ ·..:, . ...,..
27 Wet Pipe Fire Sprinkler System 100 9 '-/7 l 33 I- 3 /./Lf 7 fJ1eG14o -,.-crl ~:i---e 28-31 Plumbing
32-35 HVAC
Menghetti Construction, Inc.
655.08A
100 ~?J IS'J.. 7
100 ~w' ~If~
I--Goo77 '-'l, r~ers
(-3'1-77 f3 f /Y'-
V ~ lie-/ Ji,
Jcr~e,qBID 5-14
11J3'
a&vt
186 of 249
22 23
24 25
26 27
28 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/Contractor- Registration.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.

Bid Item Description of Work to be Performed No.
36-51 Electrical
6 4 Site Demo
5 Grading and Paving
Pavers
7 Landscaping & Irrigation
6 Site Piped Utilities
f £/'VJ3
Menghetti Construction, Inc.
655.08A
Percent
of Total
Contract
100
100
100
Dept. of
Subcontractor's Industrial Subcontractor's Name and Address License No. Relations (DIR) Re~istration No.
7rt:,7 000 ~ 1,(,3!>~1 t-J- DE ./½?r-..,,(1/0\ ~" ()
~~'3~ or !-<lJ3 lbJ6)3/ ft-t d1 ,,:..r, I)
Vt9pSt i3 ,_,'bo;<o8 10 C re, 0 ~ , G?,~-1 r, ~ ( 0 ·"-'V ~~;;,f, (- hi Ii 7 AA·w 'R,pon
V
/ ~31;':,7 {-qoC, fbo bQ) ~k~
BID 5-14
187 of 249
29 30
31 32
33 34
35 INFORMATION REQUIRED OF BIDDER
i voe :,_::!)(: here List of Subcontractors
As
Industrial
of March
Relations
1,2015,
and
Con
certified
tractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Reg.LsJration.html
to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/ContractorCalifornia, In accordance as amended, with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of of one percent (0.5%) of
the following information is required for each sub-contractor who will perform work amounting to more than one half the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms.

Bid Item
No. Description of Work to be Performed
-
Menghetti Construction, Inc.
655.08A
Percent
of Total
Contract
Dept. of
Subcontractor's Industrial
License No. Relations Subcontractor's Name and Address (DIR) _Reqistrat1on No.

BID 5-14
188 of 249
. '

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 Job 22-0163 Apricot V alley and Las Palmas Elt ~mentary Schools New Clasroom Wings ~dditions
Patterson JUSD Public Agency
Address Patterson, CA
POC Kristi Ventura (2( •9) 895-7768
Telephone No.

Wil Tyra, NMR Archite t:s (530) 222-3300 or 22 7
-2322
Engineer in Charge
$6.4M
Project Value ($)
Date Accepted 30 October 2023
Claims Filed? No
If yes explain
below:
sss.oaA Menghetti Construction, Inc.

BID 6-14
189 of 249
..

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
Job 23-0167 Roosev elt & Modesto HS ADA F OT Project
Modesto City Schools 1,
Public Agency
Modesto, CA
Address
Roger Orth (retired) (: ~09) 918-5451
Telephone No.

Jason Wade, IOR (2( 9) 996-5845
Engineer in Charge David Starck, SKW & Associates (209) 523-8: 23, X 224 Project Value ($) $3.2M
Date Accepted 20 October 2023
Claims Filed? No.

If yes explain
below:
655.08A Menghetti Construction, Inc. BID 6-14
190 of 249

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 Job #22-0164 Dena I loer Sitework for Modula r Classrooms & Library Public Agency Salida USD
Address Salida, CA
Jimmie Norquist, SUS
Telephone No.

D (Retired) (209) 652-3 41
Jason Wade, IOR (20 3) 996-5845
Engineer in Charge Chris Nikkel, AIA, Teti ~r (209) 577-2288 Project Value ($) $2.4M
Date Accepted 30 January 2023
Claims Filed? No
If yes explain
below:
655.0SA Menghetti Construction, Inc. BID 6-14
191 of 249
(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
Type text here Menghetti Construction, Inc.
proposed subcontractor(s)
hereby certifies that he
has
ti:has not
(list Subcontractor(s) above)
(I'm honestly not sure. I think we have, but I'm not sure). CM 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.

Menghetti Construction, Inc.
655.0BA
BID 7-14
192 of 249

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.

Menghetti Construction, Inc.
655.08A
BID 8-14
193 of 249
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 .:S ~ !t:Uu
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.
uthorized Signature of Contractor)
Monday 20 July 2026 Date: _____ _
Menghetti Construction, Inc.
655.08A
BID 9-14
194 of 249
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF LIVINGSTON, DEPARTMENT OF PARKS AND RECREATION 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.

Menghetti Construction, Inc.
655.08A
BID 10-14
195 of 249

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.

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 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:
655.08A
Providing false information may result in criminal prosecution or administrative sanctions.

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

Menghetti Construction, Inc.

BID 11-14
196 of 249
A . h" 1 . Bidder's bond ccompanymg t Is proposa 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 coparlnership, state true name affirm, also names of all individual coparlners composing firm; if bidder or other interested person is an individual, state first and last names in full.

Menghetti Construction, Inc.

Charles A Menghetti. President
Katie Menghetti, Secretary-Treasurer
Licensed in conformance with an act providing for the registration of Contractors, License No. 697651 Classification(s) _A_&_B ________ _
Department of Industrial Relations (DIR) Registration No. _1_,_0_0_0_,0_2_8_,_8_8_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).

Monday 20 July 2026 Date: _____________ _
Authorized Signature and Title of Bidder
PO Box 577516 Modesto 95357 Business Address ___________________ _ 5019 Maze Blvd Modesto CA 95358 Place of Business ___________________ _ Modesto, California
Place of Residence ___________________ _
Menghetti Construction, Inc.
655.08A
BID 12-14
197 of 249
ME

CERTIFICATION OF AUTHORITY

TO BIND CORPORATION
The undersigned President of Menghetti Construction, Inc., a California corporation, hereby certifies:

1. The Director of Menghetti Construction, Inc., a California corporation, is/are Charles A. Menghetti

2. The President of Menghetti Construction, Inc., a California corporation, is Charles A. Menghetti.

3. The Secretary and Treasurer ofMenghetti Construction, Inc., a California corporation is Katie Menghetti

4. Charles A. Menghetti has authority of the
Board of Directors to bind Menghetti Construction, Inc., a California corporation.

Dated this 14 July 2026
MENGHETTI CONSTRUCTION, INC., a
California Corporation
By: _________ ____ _
CHARLES A. MENGHETTI, President
P.O. Box 577516 Modesto, CA 95357 209.524.2465 Fax 209.665.0112 CSL# 697651 198 of 249
_.. - . .,

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

BIDDER (Name and Address)
MENGHETTI CONSTRUCTION, INC.
5019 Maze Blvd.

Modesto, CA 95358
OWNER (Name and Address):

CITY OF LIVINGSTON
1416 C Street
Livingston, CA 95334
BID
Bid Due Date: July 23, 2026
Description: (Project Name and
Location)
BOND
Livingston Rec-Plex
641 Sixth Street
Livingston, CA 95334
Bond
Number: n/a
Date: July 9, 2026
Penal
SURETY (Name, and Address of Principal Place
of Business):

THE OHIO CASUAL TY INSURANCE COMPANY
175 Berkeley Street
Boston, MA 02116
$
Sum: ••TEN PERCENT (10%) OF AMOUNT Bto•• ··10%**
(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
By:

Karen Amin
Print Name
President Attorney-in-Fact
Title Title
Attest:

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

Provide execution by any additional parties, such as joint venturers, if necessary. 655.08A
BID 13-14
199 of 249
,,.. . ..
..

State of California
County of San Joaquin )
On ___ J __ u...,ly __ 9 __ , 2 __ 0_26 _______ before me, ------"-'Je=n=ni""'fe--r L=o"'"pe=r"--', N-'-'o=ta=ry'-'P"""u=b=lic'--------- (insert name and title of the officer)
personally appeared Karen Amin
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 tut/she~ executed the same in mt/her~ authorized capacity~. and that by~herxtOOt signature~) on the instrument the person(~. or the entity upon behalf of which the person~) acted, executed the instrument.

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

WITNESS my hand and official seal.
(Seal)
&-¼ol":: ♦ (l:v?t e ~

JEN IFER LOPER
Notary Public • California :

Siln Joaquin County s:

Commission ;; 2508440 -
y Comm . Expires Jan 27, 2029
200 of 249
. '• .
. --~ libertx \P Mutual. SURETY

POWER OF ATTORNEY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
Certificate No: 8213791 • 969440
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Daniel M.

Connolly, David Schnapp, Jennifer Loper, Karen Amin
all of the city of Lodi state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 11th day of April , ~-
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
I ----~ .,, -1/ .# 1 1---- :{! . e! Nathan J. Zanger1e, Assistant Secretary c ::1 ~ ro State of PENNSYLVANIA ·- :5
~ 5, County of MONTGOMERY 55
.Q E
~ ~ On this ....!.!!!:._ day of April , 2025 before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance ~ Ql ~ ro Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes !e g ~ _:: therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~ - ro ~ ~c
-
·
-5
- IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. ~ o.,, (1j (/) a.0
0~ ----------- -::i::: _ Commonwealth of Pennsylvania - Notary Seal >-- (1) 0 Teresa Pastella, Notary Public A:----... i Q)C ·c5 _ Montgomery County Cl/, ~ . . 1 // ./- ,1 / ._ E 0 2 Myccmmission expires March 28, 2029 By: .,,'-~----- ~--,,-- ------------IO Q) ~ ~ 1,~-J'I-~~ u Member~::_:,:,._:"==-• Teresa Pastella, Notary Public ~ 5 ~(/) ~~~~ oO (1)~ ,_"<t
.g> 2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio casualty Insurance Company, Liberty Mutual ~ ~ ~ -~ Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: fl..~ ._ 2 ARTICLE IV - OFFICERS: Section 12. Power of Attorney. 5 0\' .E e! Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the =a ~ ;g u President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety ffi ~ ~ ~ any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall -o rl 0 I:: have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such § Ql z B instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the ~ :g provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. & ~ ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.

Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.

Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zanger1e, Assistant Secretary to appoint such attorneys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations.

Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surely bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this~ day of July , 2026 . ~u,._ By:_L~~~~~~--~-------- Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/24
201 of 249

State of California
County of Stanislaus
On July 2-0 , 2-02(o before me McKenzie Robles, Notary Public '------------------- (insert name and title of the officer) personally appeared Cn°'vles AltAV\ fV\el,1'\M he,t-k I who proved to me on the basis of satisfactory evidence to beMe 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 -fVl.c~1)t2 ~ (Seal)

MCKENZIE ROBLES
Not.iry ~ubllc • California
Stanislaus ( ounty !
Commission If 250<1266
My Comm. E.xpir~s Nov 9, 2021
202 of 249

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. 655.08A
BID 14-14
203 of 249
Project:

Owner:

Bid Date:

To:

From:

ADDENDUM NO. 01
Date of Addendum: July 13, 2026
Livingston Rec-Plex
City of Livingston
July 23, 2026
Prospective Bidders
Gouveia Engineering
456 Sixth Street
Gustine, CA 95322
I. 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 o.riginally shown and/or specified.

2. The Contract Documents are hereby modified to effect the changes in the attached Addendum 1 from SV A Architects.

3. Bids shall be submitted in accordance with this Addendum No. 1. All Bidders MUST acknowledge receipt of this Addendum by signing and returning this Addendum with your Bid. Failure to include this Addendum No. I with your bid shall result in your bid being rejected as non-responsive.

Gouveia Engineering Firm Name:

By:

Title:

Date: Monday 20 July 2026
Menghetti Construction, Inc.
204 of 249
Project:

Owner:

Bid Date:

To:

From:

ADDENDUM NO. 02
Date of Addendum: July 15, 2026
Livingston Rec-Plex
City of Livingston
July 23, 2026
Prospective Bidders
Gouveia Engineering
456 Sixth Street
Gustine, CA 95322

2. The Contract Documents are hereby modified to effect the changes in the attached Addendum 2 from SV A Architects.

Menghetti Construction, Inc.

Gouveia Engineering Firm Name:

By:

Title:

Date:

Menghetti Construction, Inc.
205 of 249
i
II
11 Diede Construction, Inc.

P. 0. Box 1007
Woodbridge, CA 95258
Ph: (209) 369-8255
Fx: (209) 368-0600
CA License No. 632667
DIR No. 1000002716
[M(g@§OWI:§@
JUL 2 3 2026
\ ~lo ~ -
City of Livingston
BID DUE: Thursday, July 23, 2026
SEALED BID PROPOSAL FOR:

LIVINGSTON REC-PLEX
DELIVER TO:

Attn : City Clerk
1416 C Street
Livingston, CA. 95334
@ 2:00:00 PM
206 of 249

DO NOT STAPLE

NAME OF BIDDER

PROPOSAL TO THE CITY OF LIVINGSTON

DEPARTMENT OF PARKS AND RECREATION
Diede Construction Inc.
- ----------------------
P.O. Box 1007 BUSINESS P.O. BOX _ _________ _____ _____ _ CITY, STATE, ZIP _ _______ w_o_o_db_ri_dg_e_, _cA_9s_2_s_8 ________ _ (Please include even if P.O. Box used)
BUSINESS STREET ADDRESS _ ____ 12_3_93_N_._H_Y_W_99 ________ _ CITY, STATE, ZIP __________ L_o_di_, _CA_95_2_40 _________ _ TELEPHONE NO.: AREA CODE ( 209 ) _3-'-69'""".8"-2_55 ___________ _ FAX NO.: AREA CODE ( 209) _ 3_6_8_.0_60_0 ___________ _ CONTRACTOR LICENSE NO.:
632667
--------- - ------- --
Department of Industrial Relations (DIR) Registration No.: ____ 10_0_00_0_21_1_6 _ __ _ 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 June 2026 and are entitled:
655.08A

CITY OF LIVINGSTON

DEPARTMENT OF PARKS AND RECREATION

CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

LIVINGSTON REC-PLEX
BID 1 of 14
207 of 249
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.

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.

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.

TOTAL l~.1?-~.-z. ,..- . DIVISION3 --A
9 INFILL BLDG TO REMAIN 1 720 D SF '67-•g µp;/ .. ~4.la• ~ 10 CONCRETE FOUNDATIONS 11 CYDS Z&/,'=,C'6.- ~u,2..,c..-• 11 SLAB ON GRADE 9,000 FLSF -z#.oo 21'-,o oo.ci ~ , ,...._. n.~, •O ' ' ' _,..,_ ,- ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' , ' 'I 'I ,- l "I'. 'I 'I ' ' ,, ' ' ' ' ' - • Y J •-- DIVISIO'.·I 5 I•
>- 12 SUBTOTAL-EXTERIOR WALLS 3,815 SF s~-... '2DCf.,~-·:~ >- 13 SUBTOTAL-INTERIOR WALLS 12,268 SF ~.oo ,7'1~7'/0. II 14 PRE-ENGINEERED METAL BULDING 9,000 SF 12,;,.oo I J. I I lo, 0/Jl) !" 15 MISC. METALS 9,000 SF y.oa 1"72-,d ou ,• i~ >- TOTAL '2. ,01 ?,;,ST, 5~ -•· ~ ' ' ' . ' ' . ' ' ' ' ' ' ' ' ' ' ' ' ' . . ..,,,,,..,,_,,.o· 16 DOORS/ FRAMES/ HDWR - EXT. 7 DRS 2.nc1.oo /7.73P- • > 17 DOORS/ FRAMES/ HDWR- INT. 10 DRS ? .&'ftf.- ?.$;~&/0.'@ 18 EXTERIOR GLAZING 820 SF ,~7.•• I l2 .?."'tJ-' 0
19 INTERIOR GLAZING 438 SF J"?i,00 1:,/) _;&,tJt.,, ~ ...

TOTAL - "Z,&5",'-l'V/. .c If>

DIVISIONS
20 DRYWALL- CEILING 695 SF /31."'° Cf/.D"f'~.•
21 CERAMIC TILE 980 SF 11.- /D.7'?0,0 0
22 ACOUSTICAL TILE 1,255 SF i. /o,o• /2 ,~·"·
23 FLOORING 9,000 FLSF 2'~ "Z'3R ,,oou ! 0
24 PAINT/ WALL COVERING 9,000 SF s-,•• {IS":" tJDO. o 11 TOTAL ~'tt~1{:°' - DIVISION10
25 TOILET ACCESSORIES 9,000 SF 2.- /$ /i)(J(/ , .... J
26 MISCELLANEOUS SPECIALTIES 9,000 SF ~t9 ,0C Jf<-6,0et,J.•O TOTAL ICIJ'Z- ,N>I. ~
DIVISION21
27 FIRE PROTECTION 9,000 SF ~-~ ~,,l)tp..•
TOTAL Sl,f, ~Dc,• 0
DIVISION22
28 PLUMBING FIXTURES 10 EA ~2.~7.""' ~2,~71).~~
29 DRINKING FOUNTAINS- HI/ LOWW/ BOTTLE FILLER 1 PR 7.~·:11 .oo ,~~1.•o 30 MOP SINK 1 EA e, ~21,.•0 '1'/Z,(.,OC
31 DRAINS /TRAP PRIMERS/ BIBBS 5;tll1.017 ~hO,,elG
TOTAL ~pt{,7~ ,,,,
DIVISION23
32 HVAC UNITS AND ACCESSORIES 9,000 SF 12.. .-- /0~,,000.1" 33 RIGGING/ CURBING 9,000 SF ,z.,oo /f?,1')00 ,•u
34 SEISMIC BRACING 9,000 SF ,_.e, J fl .dll0,0 a
35 TEST & BALANCE 9,000 SF .2 .oo °/"i?:~o".4 o
TOTAL 11,.2 -"'~ •. •:->
DIVISION26

LIGHTING
209 of 249
36 LIGHTING MATERIALS 1 LOT -;zsl>f"'H}S.
- C ~.,~-., • 0
37 LIGHTING INSTALLATION 85 EA ~l't•_, '2h t,,R tJ .. o ~ 38 BATTERY PACKS 21 EA ''' .•• IZ.. ~·3J.•0
39 SENSORS 38 EA ':l,.~.o- /3.3,~.
40 SWITCHES 19 EA 71>~.o• I~ 3,$7.'
41 CONDUIT AND WIRE 3,245 LF c;s-... 2S--.9'1/J ~ 0
POWER
42 DISTRIBUTION PANELS
- 480 V 100 AMPS K~1.• 0 !i'! ,'/II) ,00
43 TRANSFORMERS
- 45 KVA 1 EA "~~~·- ,11."Jr;, •O
44 DISTRIBUTION PANELS
- 208 V 200 AMPS 211:•0 f. .• t:Jd.OO
45 FEEDERS 180 LF T~R.~ ~.'-do .o•~
46 OUTLETS 23 EA I. 7'(1).- l/1), 0~ '.QI~
47 FUSED DISCONNECTS 2 EA ~aa:r.010 ', I, 1'- ,V'~
48 PVSYSTEM 19 KW '3 ~&,f g- _oo oB; '8C-. ., ~
49 DATA/SIGNAL 9,000 SF I.•• qooo
.
0 •
50 FIRE ALARM 9,000 SF &.J,00 ~~.ot,o ...
-
51 SECURITY SYSTEM/ ACCESS CONTROL 9,000 SF 1.00 "'1.000. 00 TOTAL W'S-is-I~.-0
TOTAL BID ~ 'l-i 'II/,()[. • e.
210 of 249

Percent Dept. of
Bid Item Description of Work to be Performed of Total Subcontractor's Industrial No. Contract License No. Relations (DIR) Subcontractor's Name and Address I Req_istration No.
f 1 <f?o CJDS"t,~/ 1oaoaocg~o1 fl.. D, M R"'l""-1-tcc,.l S' l)e7"'\l>vl. s-1 o~ ~rJO '11. 6:,~LN(o '2-27' ~7"°1,,S I />0()00 Z,T:,foZ DA-"~ CHIZ.Ls-r, A-N C-r<"i--r,1,-!(!µ w •~ FU"11.lt> 1- ,. i fa> At.AN AW~8t.. U,A) ~t,u.J b L/{ --n u TiE..S ,os-~ 1 DODOO'f/27 ~t?llN !L {6~a-t {JP 6~ LMDS"<.A-f>)N~ 1,"1% /ob,5"l23 I O(Jo, ~11 tf Sf L,A;"i OS C,J\""P€ ~l,,d u L <; 1- /G€\Jl3 ~~c...,'110~ G ,.;~ 7.7,o &"'°8'21o 2000°1'12.07 ~~A<.£ i J<A\L..~tn $ -f\-At-1 'b fu4.l l'V\~S &;~'/)Al J .o °?o J t,e> 1./8 JI I ~~0 '3'1''121 fR.e"SN-b j_ / tiS"UL~ c ,..J 1-} {(J 4'1Sft/0 I ()fJO '6~ '1'17 U>Jtrr B u,LA) u.1"' P.w()v(cn ':\A •.rn-1~. - ..,_,. -• ,. :::: - _.,.,. / t\. , "
. . -·· ;_,,11,,,,• ,.-.,. ,.- / I - - -A,,1' --•,... II 655.08A
BID 5-14
211 of 249

Percent Dept. of
Bid Item I Description of Work to be Performed I of Total Subcontractor's ln~uStrial I Subcontractor's Name and Address No. Contract License No. Relations (DIR) Reqistration No.

I --z..~ ?0 l,,3..,102. C-MM-en.c-l-CK.~~~ (l I GL.ftt'Z-1-N {:, CA I ~\J PStU.\. 13 ,..Jtt.l:) I rz .t"Z2> I/ ot ,l>JS' I,{ ,A/Jc, 1:,~-1. 1 I/ oo~o $b.320 I C~e-'ll..$ 1/,I( .Pt.,ooR-. t> i!J81'111€l.t
1- I A11-tL£-nc n.,, A) Go, l-:z.<:: ,6 I So? 1z1 I/ ~IJM/sb I <.;:> ..... ,,J"'T"'J "'"' s~~· C~IJ'C" 'PA/,l-t-iN&, (,..) <.. •
(L I ? .A' rJ "Tl'-l 1., I t; :7 "h I -i I"/ g,o I 1111JtJ h,f s1&/i ; -n,,us£>e:5-r-o 1-/2:Z::. i -1-\Dtl P5 J ;-roto bts.41 ~'7 I ooos-rn.,~ £At\/ ,.f lJ f:"-AP O U-S at-Utr'( (>M.P~'{ 1 'ltJ~ le./ .b % <-/ l~Dc.f I I o6ooo~ers-f 1 .PAES1061'l,-/l3-L F-1 a.Ii" ~QJ&' ~~).lt:~ D .-P,e, ~11,3 /DDl>003('~] Pt.6-~N 1:,/PtC,...IZ.-A--~,0 655.08A
BID 5-14
212 of 249

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. htmJ 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 lndustrial1 Subcontractor's Name and Address No. Contract L!icense No. Relations (DIR) " Registration No.
1-
WIT"ttcl2~ ~-Af'IICA-L
f ~Nlf)tN <,. l .Li °lo ~/S-Z-7 /~OldJOJ7 V-AL~ SP~Nk...~ ~Q.lC>
1- +l\JAL 1. . t °lo Bbl 8"'-i? / Oooeo 3277 Bf. M f3L'1L~; c,JIZ-OO'J 1, etez:r-e."'~ '70'-'~ 7.Z°lD 6-zg i.f:3< I ~-s rs s f?' H €LPZ-rtu<_, L6D f 655.08A
IA
BID 5-14
213 of 249

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. r ~!~Geri~ De1,;b._fll' I
'l~!kJ t~Gllil;i D..~ e•~ffilil'.frl •Gf \J~ 1Jl'l Iae: Pe:lf:[~m:e:11J, ,.@,, T@;t;gJ ~!Wit©©.~~l~t~ •~ ll"l,i!l "4~m'i!d I @.~,k~t\l:tiJ:lijj~rfffe;t©;r\ :m~:m~'li:tii~ ~~drE;S~ N0. (@t©'FiMier~t u~~.11\is:e ~:@1i ~e:l~f@"l§./~'®:l·~ Re~istr-aforn ~ 0 .
655.08A
I
BID 5-14
214 of 249

Percent Dept. of
Bid Item Description of Work to be Performed of Total Subcontractor's Industrial I Subcontractor's Name and Address No. Contract License No. Relations (DIR) Reaistration No. I
655.08A
BID 5-14
215 of 249

STATEMENT OF QUALIFICATIONS
Experience
Bidder shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
1 2 3
Monterey-Salinas Transit Lodi Unified School Modesto Water Project Title District New Maintenance Maintenance and Operation & Operations Center Corporation Yard Public Agency Monterey-Salinas Transit Lodi Unified School District City of Modesto District
Address 179 San Antonio 880 Guild 501 N Jefferson St,
Drive, Monterey A venue, Lodi, CA Modesto, CA 95354
Telephone No. 831.264.5884 209.331.7225 209.571.5869
'
Engineer in Charge LDA Partners LDA Partners LDA Partners Project Value ($) $14,579,700.00 $11,413,700.00 $14,100,000.00 Date Accepted 7/2020 08/2019 10/2018
Claims Filed?
No No No
If yes explain
below:
655.08A
BID 6-14
216 of 249
(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
Diede Construction Inc. The bidder _______________________ ___, proposed subcontractor(s) hereby certifies that he
~has
D has not
TBD
(list Subcontractor(s) above)
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. 655.08A
BID 7-14
217 of 249

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 Ohas
i;;;?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.

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.
655.0BA
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 8-14
218 of 249
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
0No
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_a_n_J_oa_q_u_in ____ _
I am aware of the provisions f Section 3700 of the Labor Code which require every employer to be insured against liability fo workers' compensation or to undertake self-insurance in accordance with the provisions of that c tie, and I will comply with such provisions before commending the performance of the work of his Contract.

Date: 07.23.26
655.08A
BID 9-14
219 of 249
* * COMMERCIAL INDUSTRIAL DESIGN

CALIFORNIA
P.O. Box 1007
WoQdbridge, CA. 95258
p: [209) 369·8255
f: [209) 368-0600
HAWAII
517 Ahui Street
Honolulu, HI. 96813
p: {808) 777-6290
f; (808) 777·6295
Corporate Resolution
Diede Construction, Inc.

Officers Authorized to Contract
BUILD CA Licenv., No. 6:1266~
HI Lkf'nse l';o. 304%
~ BC
,\...'mditcJ Q1rnL1y
frf'.(rJCIIT
To authorize the officers to contract and obligate the corporation, in the ordinary 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 obligations for and on behalf of the corporation:

President - Steven L. Diede
Director of Pre-Construction - Brett Diede
I, Lillian Diede, Secretary/ Treasurer of the Board of Directors of Diede Construction, Inc., do hereby declare and attest that the above resolution of Diede Construction, Inc. is true and correct and was passed unanimously by the Board of Directors of Diede Construction, Inc. at its meeting on April 17, 2026.

Lillian Diede
Secretary / Treasurer
Diede Construction Inc.'s Corporate Officers Names and Residence Addresses are as follows:

President
Director of Pre-Construction
Secretary
Steven L. Diede
Brett Diede
Lillian K. Diede
6300 Hogan Lane, Lodi, CA 95240
12445 Curry Ave., Lodi, CA 95240
6300 Hogan Lane, Lodi, CA 95240
220 of 249
655.08A
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF LIVINGSTON, DEPARTMENT OF PARKS AND RECREATION 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 yvill not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

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

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

BID 10-14
221 of 249

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.

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.

BIO11-14
222 of 249
Bidder's Bond Accompanying this proposal is _______________________ _ 10% (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.

Steven L. Diede, President
Lillian K. Diede, Secretary & Treasurer
Licensed in conformance with an act providing for the registration of Contractors, License No. ____ 63_2_
6_
6_
7 ____ _ Classification(s) A,B,C2,C8,C15,C39,C61/D28,C27 Department of Industrial Relations (DIR) Registration No. _____ 10_0_0_00_2_7_1_6 _____ _ 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 requl ments of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 the California Administrative Code).

Date: _ ____ 0_7_.2_1_.2_6 _______ ---1
Sian
!~
~~
• nere
Authorized Signature and Title of Bidder
Business Address P:o. Box 1007, Woodbridge, CA 95258
Place of Business 12393 N. HWY 99, Lodi, CA 95240
Place of Residence ------ -----------------
655.08A
BID 12-14
223 of 249
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 _J_o_aq---'-u_i_n ___ _
Subscribed and sworn to (or affirmed) before me on this _2_1 __ day of July , 20 26 , by _________ _
Steven L. Diede, President
proved to me on the basis of satisfactory evidence to be the (Seal)
who a peared before me.
otary Public • California
San Joaquin County _
Commhsion It 2503007
Comm. [JCplres Oct 25, 2028
224 of 249

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

BIDDER (Name and Address)
Diede Construction, Inc.

P.O. Box 1007
Woodbridge, CA 95258
OWNER (Name and Address):

City of Livingston
1416 C Street
Livingston, CA 95334
BID
Bid Due Date: July 23, 2026
Description: (Project Name and
Location)
BOND
Bond
Number:

Date:

NIA
July 16, 2026
SURETY (Name, and Address of Principal Place
of Business): Fidelity and Deposit Company of Maryland
1299 Zurich Way, 10th Floor
Livingston Rec-Plex
Livingston, California
Schaumburg, IL 60196
Penal
Sum: Ten percent of the total amount bid--- $ 10% of the total amount bid (Words) (Figures)
Surety and Bidder, intend g to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to b uly executed by an authorized officer, agent, or representative.

BIDDER SURETY
Fidelity and Deposit Company of Maryland (Seal)
By:

Signature
s,-~\Jtn t.

Print Name
?re,t>·, deiot
Title
Surety's Name and Corp te Seal
By:

Attest:

Elizabeth Collodi
Print Name
Attorney-in-Fact
Title
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. 655.08A
BID 13-14
225 of 249

3. This obligation shall be null and void if:

3.2 All Bids are rejected by Owner, or

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.

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. 655.08A
BID 14-14
226 of 249

State of California
County of Butte
On July 16, 2026 before me, _ ____ D_e_a_n_n_a_Q.,._um_._ te_ro....:';.....N_ ot_a_,ry~P_u_b_li_· c _ __ _ (insert name and title of the officer)
personally appeared Elizabeth Collodi
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.

S~arure Jin w/ t J 11fiJ]jl (Seal)
227 of 249

ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTI' AND SURETY CO ·IPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a coiporation of the Stale of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a coiporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a coiporation of the Slate of Illinois (herein collectively called the "Companies"), by Thomas 0. McClellan, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint John HOPKINS, Sara WALLISER. Elizabl'th COLLODI, Sharon SMITH, Jpssica MONLUX, ElizabPth COLLODI, John WEBER. Deanna QUINTERO, Mindy WHITEHOUSE, Matthew FOSTER. Samantha WATKINS, Steven L. WILLIAMS, Jenuife1· LAKMANN. Brnd ESPINOSA, Bre:mnn BOATRIGHT, lu1thlPen LE, C:1ssandr11 MEDINA, Quentin THOMAS, Samantha NAAKE of Chico, California, its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undP11akings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, lo all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at ilS office u1 New Yock. New York .. the regularly elected officers oftbe COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills . .Maryl~nd .. and 1he reguh1tly elec1ed officers of1he FIDELITY AND DEPOSIT COMP ANY OF MAR YlAND at its office in Owings Mills, Maryland., in their own proper persons.

The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force.

By: Thomas 0 . McClella11
Vice President
By: Daniel Lutes
Secreta,y
State of Maryland
County of Baltimore
&
. TTEST:

ZURICH MERI • N INSURANCE COMP NY
COLONIAL AMERICAN CASUALTY ID SURETY CO :IP IY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
On this 2nd day of July, A.D. 2026, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified. Thomas O.

McClellan, Vice PrPsidPnt and Danil'I Lutl's, SPCretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.

IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Seal the day and year fust above written.

Genevieve M. Maison
Notary Public
My Commission Expire January 27, 2029
Authenticity of this bond can be confirmed at bondvalldator.zurichna.com or 410-559-8790 228 of 249

EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Artomevs-in-Fact. The ChiefExecutive Officer, the Presideal or any Executive Vice President or Vice Presideal may by written instrument under the attested corporate seal appoint attorneys-in-fact with authority to execute bonds, policies, recognizances stipuJations undertakings, or other like iostniments on behalf of U1e Company, and may authorize any officer or any such attorney-in-fact to affi..x the corporate seal thereto· and may with or without cause modify of revoke any such appointment or authority at any time."

CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY. the COLONIAL AMERICAN CASUAL lY AND SURETY COMPANY. and the FJDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force.

This Power of Anomey and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMP ANY at a meeting duly caHed and held on the 15th day of December 1998.

RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUAL TY AND SURETY OMP ANY at a meeting duly called and held on the 5th day of May, 1994. and the following resolution of the Board of Directors of U1e FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called nnd he.Id on the I 0th day of May. 1990.

RESOLVED: "Tbat the facsimile or mechanically reproduced seal of tJ1e company and facsimile or mechanically reproduced signature of any Vice-President Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter. wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
1N TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seals of the said ompanies this ....1filtL day of July , 2026 .

Mary Jean Pethick
Vice President

TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A CO IPLETE DESCRIPTIO

OF THE CLAIM INCLUDING THE PRINCIPAL O THE BOND, THE BOND NUMBER, AND YO R CO TACT INFORMATION TO:

Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
[email protected]
800-626-4577
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 229 of 249
Project:

Owner:

Bid Date:

To:

From:

ADDENDUM NO. 01
Date of Addendum: July 13, 2026
Livingston Rec-Plex
City of Livingston
July 23, 2026
Prospective Bidders
Gouveia Engineering
456 Sixth Street
Gustine, CA 95322

2. The Contract Documents are hereby modified to effect the changes in the attached Addendum 1 from SVA Architects. /

3. Bids shall be submitted in accordance with this Addendum No. 1. All Bidders JwsT acknowledge receipt of this Addendum by signing and returning this Addendum with your Bi . Failure to include this Addendum No. 1 with your bid shall result in your bid being rejected as non-· sponsive.

Gouveia Engineering Firm Name: Diede Construction 1
By: Steven L. Diede
Title: President
Date: 07.23.26
230 of 249
Project:

Owner:

Bid Date:

To:

From:

ADDENDUM NO. 02
Date of Addendum: July 15, 2026
Livingston Rec-Plex
City of Livingston
July 23, 2026
Prospective Bidders
Gouveia Engineering

45.6 Sixth Street
Gustine, CA 95322

2. The Contract Documents are hereby modified to effect the changes in the attached Addendum 2 from SV A Architects.

3. Bids shall be submitted in accordance with this Addendum. All Bidders MUST ackno 7 1 dge receipt of this Addendum by signing and returning this Addendum with your Bid. Failure fo include this Addendum No. 2 with your bid shall result in your bid being rejected as non-responsivk.

Gouveia Engineering Firm Name: Diede Construction Inc.

By: Steven L. Diede
Title: President
Date: 07.23.26
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Pursuant to Chapter 9 of Division 3 of Lhe Business and Professions Code an.cl ~h~ Rules and Regulations of the ConlrG1ctors Stale License· Board, tlie Registrar of Contractors does hereby issue this license to:
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CONTRACTORS

STATE LICENSE BOARD
ACTIVE LlCENSE
LOeon .. Nunb~632667
.... , CORP·
Witnes~ my hand and se~I \his day,
September 23, 2008
Issued December 4, 1991
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''•"""'" 0.1, 12/31/2027 www.cslb.ca.gov
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CERTIFIED COPY
This license is lhe properly tll the Rel_!istrar of Contractors, Is not transferrable, and shall be reiurned lo the Registrar upon demand
when ~uspencled. revol:ed, or lnva lida!eti
for .Ill\' reason. It beco
mes vuid ff not re~eivecl.
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632667 •
Reg!sLrar o! Contractors J
License Numbc, J
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232 of 249
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r\lede
Construction, inc.

COMMERCIAL INDUSTRIAL DESIGN

CALIFORNIA
P.O. Box 1007
Woodbridge, CA. 95258
p: (209) 369-8255
f: (209) 368-0600
HAWAII
517 Ahui Street
Honolulu, HI. 96813
p: (808) 777-6290
f: (808) 777-6295
Diede Construction, Inc.

BUILD CA License No. 632669
HI License No. 30496
f BC Anocletad Bulldwl and Contracton. Inc.

Accredited Quality
Contractor
Diede Construction, Inc. (DDC)'s CA Contractor's License Number is 632667, and it expires on December 31, 2027.

Diede Construction, Inc. (DDC)'s DIR Registration No. is 1000002716, and it expires on June 30, 2027.

I state under penalty of perjury that the foregoing is true and correct.

Authorization to Make Corrections
The DDC representative delivering this bid is authorized to make chang to the bid documents on behalf of DDC and place authorized initials at that change to the bid ocuments.

Inc.
1 STAFF REPORT
AGENDA ITEM: Request for Direction on City Requirements for New Park Facilities and Storm Drain Basin Design Preferences for Pre-Development Review Application No. PDR 2026-03 - Cabral Farms Residential Development Proposal.

MEETING DATE: August 4, 2026
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:

The Council is requested to provide direction to staff on the requirement and design options for new park and storm drain basin facilities on a proposed residential subdivision on a 40 acre property owned by Eric Cabral located at the southeast corner of Dwight Way and Olive Avenue.

PROJECT:

Pre-Development Application No. 2026-03 - Cabral Farms Residential Development proposes to annex, pre-zone and subdivide approximately 40 gross acres located at the south side of Olive Avenue and east of Dwight Way at 11973 Olive Avenue (Merced County Assessor’s Parcel Number 143-030-001), See Attachment A, Location and Vicinity Map.

The proposed subdivision would subdivide 37.89 net acres into approximately 156 residential lots and a storm drain basin lot. The property is presently located in the unincorporated area of Merced County and zoned as A-1, General Agricultural Zoning District. The property is proposed to be pre-zoned as R-1, Low Density Residential, annexed to the City of Livingston, and subdivided to allow the development of single family lots of at least 7,000 square feet in size. The proposed annexation area would be limited to the approximate 40 acres of land owned by Eric Cabral. A copy of the preliminary subdivision map is included as Attachment B. Proposed lots 159, 128 and 127 of the tentative subdivision map, located at the southwest corner of the site, are proposed to be converted into a lot for a stormwater detention basin, see Attachment C.

ANALYSIS:

When new residential development is proposed, the City will evaluate how open space requirements will be addressed. Park facilities and maintenance cost can be addressed through any combination of the following methods.

1. Payment of City development impact fees.

2. Payment of City Park in lieu fees.

3. Dedication of land by the developer for the development of a park site.

4. Annexation to a Landscape Maintenance District.
233 of 249
2 5. Annexation to Capital Facilities District No. 2017-01 (Public Services).

Staff and the applicant are evaluating the design of the storm water detention basin and neighborhood park. Before more time and expense is incurred with identifying potential design solutions, staff seeks Council guidance on the following for this development proposal:

A. the storm water basin design,
B. the need for a neighborhood park in this area of town, C. a possible dual use park and stormwater detention basin.

A. Stormwater Basin Considerations

1. Storm Drain Basin Standard. Presently, the City does not have a design standard for the aesthetics of a stand-alone detention basin. Presently, the City’s adopted Engineering Standards Section 7.03 only covers a stand-alone basin (see Attachment D). The standalone basin is a fenced hole that temporally stores stormwater runoff after it rains. The fencing consists of chain link perimeter with slats.

2. Existing Storm Drain Facilities. A stand-alone storm water basin is presently developed to the southwest, and adjacent, to the Cabral project site. It may be possible to combine this existing basin with a new basin that would serve the Cabral development. If merged, the existing basin will require additional grading to merge with a new basin serving the Cabral development. The City has not yet identified a cost estimate or funding source to pay for integrating the existing basin into a combined new basin.

This presents an option of developing a dual use park and storm water basin similar to the one at Joseph Gallo Park. Requiring a dual use basin serves to reduce the amount of land needed to provide for both park and stormwater facilities, while allowing the developer to contribute funding for this neighborhood amenity.

3. Storm Drain Basin Design Guidelines – Dual Use Basins. Presently, the City does not have adopted standards or guidelines for a dual use park and stormwater basin. The City of Livingston’s Storm Drainage Master Plan was prepared in 2007; unfortunately, it lost its validity when the City’s 2007 adopted General Plan was overturned by the Court. It included design guidelines for dual use basins. A copy of those guidelines is included as Attachment E.

B. Parks and Recreation Facilities
The City’s Open Space Element requires a 5 acre Neighborhood Park for every 1,000 residents. The applicant is proposing to pay impact fees/park in lieu fees and develop a stand-alone Stormwater detention basin.

The City’s current Parks and Recreation Master Plan was adopted in September 1993.

The City’s current General Plan (1999) includes a policy for developing a 5-acre neighborhood park for every 5,000 people. The proposed development is expected to generate a population of approximately 550 residents. The nearest park sites are the Max Foster Sports Complex, a community park located approximately 2,400 linear feet to the south, and Don Meyer Park located on the east side of Hammatt Avenue between Wakami Drive and Aspenglen Way, approximately 5,000 lineal feet walking distance. There are no other neighborhood parks east of Hammatt Avenue, north of State Highway 99.

Recreation staff recommends that a new neighborhood park be developed in the project site to serve this development and the residential development to the south. A neighborhood park that serves the youth of the neighborhood is recommended by the 234 of 249
3 Recreation Superintendent. Development amenities differ between a neighborhood park and a community park and have different accessibility standards (walking vs. driving). If the Council desires additional input, City staff can solicit a recommendation on the park need and design from the Recreation Commission at its August 2026 Regular meeting.

C. City Operational Costs
The development of a new park will result in additional capital and maintenance costs. With current staff, the Public Works staff is currently at capacity in maintaining the City’s existing park facilities. The Public Works department will request additional ongoing budget to fund new operation costs for additional park maintenance duties. These costs could be offset through a new Landscape and Maintenance District and annexation to Capital Facilities District 2017-01.

ATTACHMENTS:

A. Location and Vicinity Map
B. Preliminary Subdivision Map prepared by Precision Civil Engineering C. Proposed Storm drainage Basin for the Cabral residential development.

D. Engineering Standards Section 7.03
E. 2007 Stormwater Master Plan – Joint Use Opportunities and Design Guidelines. 235 of 249
Attachment A
Location and Vicinity Map
Cabral Project site:

City Limit Boundary: Sphere of Influence Boundary
Park Site:

Existing Storm Drain Basin:

North
236 of 249
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GRAPEVINE DRIVE
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241 of 249

7.01 GENERAL
SECTION7

STORM DRAIN
Storm drainage systems shall be designed and contracted in accordance with all City Regulations, including the Storm Drainage Master Plan (including all supplements thereto), the City ofLivingstons manual of Storm Water Quality Control Standards, the Standard Specifications, and these Engineering Standards. For each development project, the design of the storm drainage system shall be of such a size to provide storm drainage capacity to adequately convey all storm water that can be reasonably anticipated to be generated for the development project, and the surrounding areas identified in the Storm Drainage Master Plan. Design Engineers are advised to review proposals, which are potentially at variance with the Master Plan with the City Engineer prior to proceeding with design studies.

Onsite drainage for commercial, industrial and residential projects not covered by Drainage Method A, B or C shall be contained within the property unless offsite disposal is approved by the City and the Developer participates in the cost of an approved drainage system that is sized to accommodate on-site drainage.

7.02 FLOW VOLUMES
The Storm Drainage Master Plan establishes a multiple criteria policy for all future drainage system design within the City. The criteria are as follows:

1. The 100-year storm is to be contained within the right-of-way of the public street.

2. The IO-year storm is to be contained within the top of the street curb.

3. Storm drainage facilities will be required where either of the above conditions cannot be satisfied.

Volumes of flow shall be determined by using the rational fonnula Q = CIA.

4. Fonnula- Q = CIA, "Q" represents the quantity of runoff expressed in cubic feet per second. "A" represents the total run-off area expressed in acres. "I" is the intensity of rainfall in inches per hour taken from an approved storm frequency curve. "C" is the coefficient of runoff. "C" for residential districts will be between 0.16 and 0.40. "C" for commercial and industrial development will be between 0.60 and 0.90.

7.03 DETENTION BASINS
Detention basins when proposed for individual development shall conform to the minimum standards outlined below:

1. Capacity shall be large enough to entrap the total runoff from a 100 year frequency - 24 hour duration stonn.

2. Basins to be designed in such a manner that the highest design water elevation will be 6 inches below the lowest gutter elevation.

Page 51 of 56 ends

Livingston City CouncilAugust 4, 2026

Livingston City Council
August 4, 2026