1 CITY COUNCIL SPECIAL AND REGULAR
MEETING AGENDA
SEPTEMBER 1, 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 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
7. Conference With Legal Counsel: significant exposure to litigation pursuant to Government Code § 54956.9(d)(2), (e)(1) (3 matters)
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.
3 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 August 21, 2026.
2. Consideration of Adopting a Resolution Accepting The Low Bid And Awarding A Contract To W.M.
Lyles Co. For The Total Bid Amount $3,927,000.00 For The Construction Of The Well No. 18 Development And Equipment Project, Authorizing A Contingency For Contract Change Orders Up To 10% Of The Contract Amount, And Authorizing The City Manager To Execute The Agreement.
3. Consideration of Adopting a Resolution Authorizing The City Manager To File The Annual Local Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim With The Merced County Association Of Governments (MCAG) For Fiscal Year 2025-2026 And Authorizing The Finance Department To Make Appropriation Budget Adjustments.
4. Consideration Of Adopting A Resolution (1) Authorizing The City Manager To Execute The Program Supplement Agreement No. F019 To Administering Agency-State Agreement No.105256F15 For The Main Street Pedestrian Improvements, Project No. CML-5256(025); (2) Authorizing The Finance Department To Make A Supplemental Appropriation In The Amount Of $84,726.00; And (3) Authorizing The City Manager To Act On Behalf Of The City Of Livingston.
4 5. Consideration of Adopting a Resolution (1) Authorizing The City Manager To Execute The Program Supplement Agreement No. F018 To Administering Agency-State Agreement No.105256F15 For The Stefani Avenue Sidewalk Improvements, Project No. CML-5256(024); (2) Authorizing The Finance Department To Make A Supplemental Appropriation In The Amount Of $109,568.00; And (3) Authorizing The City Manager To Act On Behalf Of The City Of Livingston.
6. Second Reading and Adoption of An Ordinance Amending The Official Zoning Map Of The City Of Livingston To Rezone A 5.0-Acre Portion Of The Parcel Located On The North Side Of B Street West Of Prusso Street (APN 022-010-025) From C-3 (Highway Service Commercial) To R-3 (High Density Residential) (Rezone No. Rez 2025-02).
7. Second Reading and Adoption of An Ordinance Amending The Official Zoning Map Of The City Of Livingston To Rezone A 5.62-Acre Parcel Located On The Northwest Corner Of F Street And Winton Parkway (APN 022-010-018) From R-1 (Low Density Residential) To R-3 (High Density Residential) (Rezone No. Rez 2025-03).
8. Second Reading and Adoption of An Ordinance Amending The Official Zoning Map Of The City Of Livingston To Rezone A 15-Acre Portion Of The Parcel Located At 12511 Peach Avenue (APN 047-280- 003) From R-1 (Low Density Residential) To R-3 (High Density Residential) (Rezone No. Rez 2025-04).
9. Second Reading and Adoption of An Ordinance Amending The Official Zoning Map Of The City Of Livingston To Rezone A 6.80-Acre Parcel Located At 1018 Peach Avenue (APN 047-310-019) From R-1 (Low Density Residential) To R-3 (High Density Residential) (Rezone No. Rez 2025-05).
10. Second Reading and Adoption of An Ordinance Amending The Official Zoning Map Of The City Of Livingston To Rezone A 3.0-Acre Parcel Located At 1154 Peach Avenue (APN 047-310-020) From R-1 (Low Density Residential) To R-3 (High Density Residential) (Rezone No. Rez 2025-06).
11. Second Reading and Adoption of An Ordinance Amending The Official Zoning Map Of The City Of Livingston Of A 16.8-Acre Parcel Of Property Located On The West Side Of Winton Parkway, North Of Peach Avenue (APN 022-050-009) From R-1 (Low Density Residential) To R-3 (High Density Residential) (Rezone No. Rez 2025-07).
PUBLIC HEARING
12. Introduce and Waive First Reading of Ordinance Amending Chapter 9 Of Title 1 Of The Livingston Municipal Code Establishing Regulations For The Custody And Use Of The City Seal, City Logo, And City Insignia And Prohibiting The Unauthorized And Deceptive Use Thereof.
13. Introduce and Waive First Reading of Ordinance Amending Livingston Municipal Code Chapter 1-11 To Establish Updated Procurement And Contract Execution Policies And Procedures.
ANNOUNCEMENTS AND REPORTS
City Council Members’ Announcements and Reports.
Mayor’s Announcements and Reports.
5 Robert Wallis
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board Robert Wallis, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
• Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.
Jason Roth
• Merced County Local Agency Formation Commission (LAFCO) Jason Roth, Representative.
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
Japjeet Uppal
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Robert Wallis, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.
• Merced Integrated Regional Water Management Plan (MIRWMA) – Japjeet Uppal, Representative and Robert Wallis, Alternate Representative. • Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.
Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.
Jose Moran
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.
COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
ADJOURNMENT
STAFF REPORT
1 AGENDA ITEM: Warrant Register August 21st
MEETING DATE: September 1, 2026
PREPARED BY: Consuelo Moreno, Account Clerk
REVIEWED BY: Happy Bains, Finance Director
RECOMMENDATION:
Ratify the warrant register dated August 21, 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:
August 8th, 2026 – August 21st, 2026
CHECKS #
NET PAYROLL……………………...........…. $ 203,431.63 4265-4283 GENERAL WARRANTS……………………. $ 286,349.71 16482-16581
ACH WARRANTS…………………………….$ 74,560.21
PAYROLL WARRANTS…………..….…...…$ 89,897.39
TOTAL WARRANTS………………………… $ 654,238.94
ATTACHMENTS:
Warrant Register (detailed by date and check number)
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Accounts Payable
User:
Printed:
[email protected]
8/24/2026 11:45 AM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
ACH 422 U.S. Bank Corporate Payment Systems 08/10/2026 19,664.27 Total for 8/10/2026: 19,664.27
1000505 1863 Benistar Admin Services, Inc. 08/14/2026 5,287.99 ACH 188 Frontier 08/14/2026 7,499.93
ACH 203 PG&E 08/14/2026 47,011.46
ACH 272 Charter Communications Holdings, LLC 08/14/2026 384.55 16482 251 ABS Direct, Inc. 08/14/2026 25,916.38
16483 434 AFSCME District Council 57 08/14/2026 914.76
16484 1307 Amazon Capital Services 08/14/2026 2,048.47
16485 253 AT&T 08/14/2026 247.41
16486 162 Steve Bassi 08/14/2026 25.00
16487 446 Belkorp Ag, LLC 08/14/2026 133.35
16488 1731 Best Choice Heating & Air, Inc. 08/14/2026 270.00 16489 1693 California Consulting, Inc 08/14/2026 4,750.00 16490 291 City of Livingston c/o L &L District Irrigation08/14/2026 14,745.59 16491 455 Ernest Packaging Solutions 08/14/2026 4,691.55 16492 163 EZ Auto Supply 08/14/2026 6.50
16493 1410 FFP Fund VII TEI Partnership 1, LLC 08/14/2026 13,956.20 16494 1151 Jose Flores 08/14/2026 25.00
16495 387 Frontier Communications Corp Frontier Comm of Global Valley 08/14/2026 151.32 16496 164 Garza Tire & Wheel, Inc 08/14/2026 922.57
16497 262 Gilton Solid Waste 08/14/2026 1,257.20
16498 1164 Gold Coast Armory LLC 08/14/2026 2,600.21
16499 436 HLP, Inc. 08/14/2026 4,200.00
16500 267 Hoffman Security 08/14/2026 38.95
16501 501 Hunt & Sons, LLC 08/14/2026 11,938.32
16502 1014 Hunt Equipment DBA Donlee Pump Company08/14/2026 1,181.56 16503 521 Jim Brisco Enterprises, Inc. 08/14/2026 373.50 16504 1551 Mohinder Kanda 08/14/2026 25.00
16505 1130 Kellogg Supply 08/14/2026 33.65
16506 268 Language Line Services, Inc. 08/14/2026 354.38 16507 612 Livingston Peace Officers Association 08/14/2026 1,531.50 16508 276 Livingston True Value Hardware, Inc. 08/14/2026 802.52 16509 432 MacLeod Watts, Inc 08/14/2026 2,260.00
16510 1723 Jatinder Mann 08/14/2026 25.00
16511 1170 Martin Marietta Materials, Inc. 08/14/2026 404.89 16512 1671 Merced County Auditor/Controller's Office 08/14/2026 1,061.00 16513 595 Metro Uniform Merced 08/14/2026 190.26
16514 389 Mid Valley IT 08/14/2026 2,085.30
16515 180 Mission Linen Service 08/14/2026 430.83
16516 194 Modesto Welding Products 08/14/2026 24.00
16517 1818 Moore Twinning Associates, Inc. 08/14/2026 180.00 16518 199 Northstar Chemical 08/14/2026 1,178.43
16519 949 Nova Heating and Air Conditioning 08/14/2026 2,834.29 16520 302 Office Depot, Inc./ODP Business Solutions, LLC 08/14/2026 225.80 AP Checks by Date - Summary by Check Date (8/24/2026 11:45 AM) Page 1 7 of 279
(irty o,f Uving1sto1n
1416 C Stroot
Livingston, CA 95334
Check No Vendor No Vendor Name Check Date Check Amount
16521 437 Operating Engineers Local 3 08/14/2026 477.00 16522 438 Operating Engineers Local Union No.3 08/14/2026 720.00 16523 201 O'reilly Automotive, Inc. 08/14/2026 463.11
16524 430 Quadient Finance USA, Inc. 08/14/2026 500.00
16525 433 Razzari Ford 08/14/2026 3,426.36
16526 407 San Joaquin Valley Air Pollution Control District. 08/14/2026 115.00 16527 589 Shannon Pump Co. 08/14/2026 266.00
16528 439 Sharpening Shop 08/14/2026 193.03
16529 307 Shred-It, C/O Stericycle, Inc. 08/14/2026 51.90 16530 989 Jasneil Singh 08/14/2026 25.00
16531 323 Springbrook Holding Company LLC 08/14/2026 59,535.08 16532 309 St. Francis Electric 08/14/2026 1,064.00
16533 598 Standard Insurance Company RB 08/14/2026 2,920.68 16534 1829 Synergy Site Services Inc. 08/14/2026 766.18 16535 875 Taylor ER Veterinary Emergency Hospital 08/14/2026 76.50 16536 1803 Toshiba Financial Services 08/14/2026 1,632.54 16537 284 Trans Union LLC 08/14/2026 254.66
16538 625 United Rentals 08/14/2026 326.21
16539 366 USABlueBook 08/14/2026 222.37
16540 277 Valley Farm Supply Stores, Inc. 08/14/2026 74.10 16541 608 Vision Service Plan- CA 08/14/2026 996.42
Total for 8/14/2026: 238,330.76
1000506 FIT Federal Tax Payments 08/18/2026 26,538.84
1000507 NBS1 National Benefit Services - AltaMont St Clair08/18/2026 1,884.84 1000508 PERS Public Employ Retire System 08/18/2026 43,882.90 1000509 PTS PTS - Part Time Seasonal 457 Plan 08/18/2026 191.69 1000510 SIT State Tax Payments 08/18/2026 9,719.94
1000511 VALIC Variable Annunity Life Ins. 08/18/2026 1,620.00 Total for 8/18/2026: 83,838.21
1000512 1861 MidAmerica Administrative & Retrirement Solutions 08/21/2026 324.80 1000513 1861 MidAmerica Administrative & Retrirement Solutions 08/21/2026 446.40 16542 1307 Amazon Capital Services 08/21/2026 980.51
16543 472 Aqua-Metric Sales Company 08/21/2026 4,506.39 16544 282 AT&T Mobility 08/21/2026 2,480.61
16545 1882 Avid Traffic Supplies 08/21/2026 996.42
16546 445 Axon Enterprise, Inc. 08/21/2026 2,003.22
16547 546 Bogie's Pump Systems 08/21/2026 325.05
16548 909 Canon Financial Services, Inc. 08/21/2026 334.64 16549 418 Central Valley Concrete 08/21/2026 2,029.28
16550 1239 Clark Pest Control of Stockton, Inc. 08/21/2026 57.00 16551 1886 Creative Voice and Data Networks, Inc. 08/21/2026 2,296.76 16552 1884 Feezza Inc. 08/21/2026 4,522.00
16553 1758 Garda CL West, Inc. Lockbox #233209 08/21/2026 13.64 16554 1821 Heritage Lanscape Supply Group, INC 08/21/2026 519.16 16555 266 Hilmar Lumber 08/21/2026 31.23
16556 501 Hunt & Sons, LLC 08/21/2026 6,282.79
16557 1877 Inventive Resources, Inc 08/21/2026 23,851.00 16558 276 Livingston True Value Hardware, Inc. 08/21/2026 318.84 16559 269 Merced Pest Control 08/21/2026 90.00
16560 389 Mid Valley IT 08/21/2026 135.94
16561 180 Mission Linen Service 08/21/2026 790.64
16562 1818 Moore Twinning Associates, Inc. 08/21/2026 3,015.00 16563 899 Jose A. Moran 08/21/2026 392.21
AP Checks by Date - Summary by Check Date (8/24/2026 11:45 AM) Page 2 8 of 279
Check No Vendor No Vendor Name Check Date Check Amount
16564 1800 Motorola Solutions, Inc. 08/21/2026 3,856.06 16565 302 Office Depot, Inc./ODP Business Solutions, LLC 08/21/2026 259.18 16566 201 O'reilly Automotive, Inc. 08/21/2026 437.03
16567 1828 PG&E Nuclear Deco Charges 08/21/2026 5.35
16568 1796 Power Business Technology 08/21/2026 395.51
16569 208 Saenz Pest Control, Inc. 08/21/2026 131.00
16570 1330 James D Sanders 08/21/2026 400.00
16571 439 Sharpening Shop 08/21/2026 325.66
16572 1829 Synergy Site Services Inc. 08/21/2026 619.88 16573 1405 Taylor Backhoe Service, Inc. 08/21/2026 41,243.88 16574 1552 Turbo Data System, Inc. 08/21/2026 1,093.20
16575 313 U.S. Bank Equipment Finance 08/21/2026 453.17 16576 625 United Rentals 08/21/2026 303.42
16577 366 USABlueBook 08/21/2026 474.06
16578 277 Valley Farm Supply Stores, Inc. 08/21/2026 266.02 16579 367 Verizon Wireless 08/21/2026 1,492.13
16580 818 Renee Waite-Mendonca 08/21/2026 100.00
16581 597 Work Wellness 08/21/2026 375.00
Total for 8/21/2026: 108,974.08
Report Total (113 checks): 450,807.32
AP Checks by Date - Summary by Check Date (8/24/2026 11:45 AM) Page 3 9 of 279
STAFF REPORT
AGENDA ITEM: Resolution Accepting the Low Bid and Awarding a Contract to W.M.
Lyles Co. for the Total Bid Amount of $3,927,00.00 for the Construction of the Well No. 18 Development and Equipment Project, Authorizing a Contingency for Contract Change Orders up to 10% of the Contract Amount, and Authorizing the City Manager to Execute the Agreement
MEETING DATE: September 1, 2026
PREPARED BY: Mario Gouveia, City Engineer
REVIEWED BY: Jose A. Ramirez, City Manager
Anthony Chavarria, Public Works Director
RECOMMENDATION:
Staff recommends Council adopt Resolution accepting the low bid and awarding a contract to W.M. Lyles Co. for the total bid amount $3,927,000.00 for the construction of the Well No. 18 Development and Equipment Project, authorizing a contingency for contract change orders up to 10% of the contract amount, and authorizing the City Manager to execute the Agreement.
BACKGROUND:
The City of Livingston has determined the need for a new production well, Well No. 18. On February 18, 2025, the City Council accepted the bid to construct Well No. 18 Test Well at Lucero Park, in the City of Livingston, and the construction of the test well was completed in April 2025.
The test well for Well No. 18 indicated that the proposed location was suitable for a final production well. City staff proceeded to prepare the necessary documents to solicit bids for the construction of Well No. 18 Development and Equipment Project.
The major work consists of drilling and casing a new municipal well, including developing, testing, and related tasks at Lucero Park located at 801 Celia Drive in the City of Livingston. Work also includes equipping an estimated 1,600-gpm municipal well with a vertical turbine pump, electric motor, well discharge and site yard piping, constructing a CMU well building with chemical feed and electrical equipment, furnishing and installing an emergency generator, connection to the existing water distribution system, and miscellaneous improvements to the well site.
The project was first bid on June 23, 2026, and the City received a total of five (5) bids. A bid protest was submitted against the apparent low bidder, and the City Council directed staff to reject all bids and to re-bid the project.
DISCUSSION:
Pursuant to public bidding requirements, the project was re-advertised in the Merced Sun Star on July 29, August 5, and August 12, 2026. The City received a total of three (3) bids that were opened and read aloud at 2:00 p.m. on August 18, 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, 10 of 279
and the lowest responsible and responsive bid was submitted by W.M. Lyles Co. The bid results are as listed:
Contractor Bid Amount
W.M. Lyles Co. $ 3,927,000.00
Dawson-Mauldin, LLC $ 3,956,775.00
Conco West, Inc. $ 4,118,910.00
Engineer’s Estimate $ 4,657,610.00
Staff recommends that a Contract be awarded to W.M. Lyles Co. for all bid items including the additive bid schedules in the amount of three million nine hundred twenty-seven thousand dollars and zero cents ($3,927,000.00). Staff also recommend that the City Council authorize $392,700.00 for this project as 10% contingency. The contract amount plus the 10% contingency totals 4,319,700.00.
FISCAL IMPACT:
The funding for this project was encumbered during the Fiscal Year 2026/2027 and expended through the Water Capital Fund (2104-830-7573)-Well #18.
ATTACHMENTS:
1. Resolution No. 2026-
2. Abstract of Bids
3. Agreement
4. Contractor Bid Packages
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RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ACCEPTING THE LOW BID AND AWARDING A CONTRACT TO W.M. LYLES CO. FOR THE TOTAL BID AMOUNT $3,927,000.00 FOR THE CONSTRUCTION OF THE WELL NO. 18
DEVELOPMENT AND EQUIPMENT PROJECT, AUTHORIZING A CONTINGENCY FOR CONTRACT CHANGE ORDERS UP TO 10% OF THE CONTRACT AMOUNT, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the City Council of the City of Livingston directed staff to prepare the necessary documents to solicit bids for the construction of Well No. 18 Development and Equipment; and WHEREAS, the project will consist of drilling and casing a new municipal well, including developing, testing, and related tasks at Lucero Park located at 801 Celia Drive in the City of Livingston. Work also includes equipping an estimated 1,600-gpm municipal well with a vertical turbine pump, electric motor, well discharge and site yard piping, constructing a CMU well building with chemical feed and electrical equipment, furnishing and installing an emergency generator, connection to the existing water distribution system, and miscellaneous improvements to the well site; and
WHEREAS, the project was first bid June 23, 2026, and the City received a total of five (5) bids.
A bid protest was submitted against the apparent low bidder and the City Council directed staff to reject all bids and to re-bid the project; and
WHEREAS, the notice to bidders was re-advertised in the Merced Sun Star on July 29, August 5, and August 12, 2026; and
WHEREAS, a total of three (3) bids were received and read aloud at 2:00 p.m. on August 18, 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
W.M. Lyles Co. $ 3,927,000.00
Dawson-Mauldin, LLC $ 3,956,775.00
Conco West, Inc. $ 4,118,910.00
WHEREAS, the Engineer’s Estimate was $4,657,610.00; and WHEREAS, the bids have been reviewed by the City Engineer, and W.M. Lyles Co. submitted the lowest responsive and responsible bid; and
WHEREAS, it is the best interest of the City of Livingston to award the Well No. 18 Development and Equipment contract to W.M. Lyles Co., as it is the lowest responsive and responsible bid; and
WHEREAS, funding for this project was encumbered in fiscal year 26/27 in the Water Capital Fund (2104-830-7573)-Well #18 for the recommended contract amount and 10% construction contingency; and
WHEREAS, the City Council of the City of Livingston accepts the bid from W.M. Lyles Co. and now desires to enter into an agreement to construct all bid items including the additive bid schedules for this Project.
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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 W.M. Lyles Co. for all bid items including the additive bid schedules for three million nine hundred twenty-seven thousand dollars and zero cents ($3,927,000.00) to be expended from the approved Fiscal Year 2026/2027 budget in the Water Capital Fund (2104-830-7573)-Well #18.
3. Authorizes the City Manager to utilize a contingency for contract change orders up to 10% of the contract amount in the amount not to exceed $392,700.00 from the approved Fiscal Year 2026/2027 budget in the Water Capital Fund (2104-830-7573)-Well #18.
4. Authorizes City Manager to execute the Agreement for construction of the Well No. 18 Development and Equipment 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 1st day of September, 2026, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
Of the City of Livingston
APPROVED AS TO LEGAL FORM
____________________________________
City Attorney or Assistant City Attorney
Of City of Livingston
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ABSTRACT OF BIDS FOR THE CITY OF LIVINGSTON
WELL NO. 18 DEVELOPMENT AND EQUIPMENT
Bid Opening: August 18, 2026 at 2:00 p.m.
Item No. Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Bid Schedule
1 1 LS 120,000.00 120,000.00 120,000.00 120,000.00 120,000.00 120,000.00 120,000.00 120,000.00 2 1 LS 15,000.00 15,000.00 15,000.00 15,000.00 15,000.00 15,000.00 15,000.00 15,000.003 50 LF 1,100.00 55,000.00 770.00 38,500.00 800.00 40,000.00 645.00 32,250.00 4 445 LF 300.00 133,500.00 205.00 91,225.00 225.00 100,125.00 200.00 89,000.005 361 LF 650.00 234,650.00 620.00 223,820.00 630.00 227,430.00 570.00 205,770.00 6 129 LF 1,100.00 141,900.00 780.00 100,620.00 950.00 122,550.00 750.00 96,750.00 7 1 LS 30,000.00 30,000.00 32,000.00 32,000.00 30,000.00 30,000.00 30,000.00 30,000.00 8 40 HRS 600.00 24,000.00 590.00 23,600.00 550.00 22,000.00 550.00 22,000.009 1 LS 20,000.00 20,000.00 10,000.00 10,000.00 17,000.00 17,000.00 20,000.00 20,000.00 10 1 LS 30,000.00 30,000.00 5,000.00 5,000.00 30,000.00 30,000.00 46,000.00 46,000.0011 1 LS 70,000.00 70,000.00 6,000.00 6,000.00 45,000.00 45,000.00 110,000.00 110,000.0012 1 LS 400,000.00 400,000.00 335,000.00 335,000.00 330,000.00 330,000.00 340,000.00 340,000.0013 1 LS 330,000.00 330,000.00 280,000.00 280,000.00 250,000.00 250,000.00 326,700.00 326,700.0014 1 LS 120,000.00 120,000.00 140,000.00 140,000.00 145,000.00 145,000.00 76,000.00 76,000.0015 1 LS 550,000.00 550,000.00 430,000.00 430,000.00 450,000.00 450,000.00 400,000.00 400,000.0016 1 LS 50,000.00 50,000.00 50,000.00 50,000.00 25,000.00 25,000.00 55,000.00 55,000.0017 1 LS 60,000.00 60,000.00 50,000.00 50,000.00 44,000.00 44,000.00 55,000.00 55,000.0018 1 LS 1,100,000.00 1,100,000.00 940,035.00 940,035.00 1,002,000.00 1,002,000.00 936,000.00 936,000.0019 1 LS 300,000.00 300,000.00 385,000.00 385,000.00 85,000.00 85,000.00 412,000.00 412,000.0020 1 LS 120,000.00 120,000.00 105,000.00 105,000.00 144,000.00 144,000.00 92,000.00 92,000.0021 1 LS 150,000.00 150,000.00 80,000.00 80,000.00 175,000.00 175,000.00 135,000.00 135,000.0022 1 LS 30,000.00 30,000.00 2,000.00 2,000.00 45,000.00 45,000.00 15,000.00 15,000.0023 1 LS 10,000.00 10,000.00 2,500.00 2,500.00 6,000.00 6,000.00 5,000.00 5,000.00 Total of Bid Schedule $4,094,050.00 $3,465,300.00 $3,470,105.00 $3,634,470.00 Waste and Floor Drain Gravity PipingChain Link Fence and GatesElectrical and InstrumentationUtility Service ImprovementsSite Surface ImprovementsSite Access ImprovementsStartup and TrainingRecord Drawings and O&M Manuals Selma, CA 93662 Manteca, CA 95336
Item Description
Quantity
and Unit
Fresno, CA 93711
Construct Concrete PedestalClearing and GrubbingEarthworkWell Pump and MotorWell Discharge and Site Yard PipingChemical Feed SystemWell BuildingOverpumping and TestingMobilization, Demobilization, Bonds and InsuranceTraffic Control Plan38" Bore and 30" Diameter Conductor Casing Complete, Grouted in Place28" Diameter Bore16" Diameter Blank (Plain) Well Casing Complete in Place with Gravel Encasement and with Development16" Diameter Steel Well Screen Complete in Place with Gravel Encasement and with DevelopmentInstallation and Removal of Test Pumping Equipment Engineers Estimate PO Box 27978
W.M. Lyles Co. Dawson-Mauldin, LLC Conco West, Inc.
3410 McCall Ave. Suite 106 PO Box 1360
14 640.33-Rebid
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ABSTRACT OF BIDS FOR THE CITY OF LIVINGSTON
WELL NO. 18 DEVELOPMENT AND EQUIPMENT
Bid Opening: August 18, 2026 at 2:00 p.m.
Item No. Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Selma, CA 93662 Manteca, CA 95336
Item Description
Quantity
and Unit
Fresno, CA 93711
Engineers Estimate PO Box 27978
W.M. Lyles Co. Dawson-Mauldin, LLC Conco West, Inc.
3410 McCall Ave. Suite 106 PO Box 1360
Additive Bid Schedule A
24 662 LF 380.00 251,560.00 350.00 231,700.00 285.00 188,670.00 370.00 244,940.0025 1 EA 12,000.00 12,000.00 10,000.00 10,000.00 10,000.00 10,000.00 14,500.00 14,500.00 Total of Additive Bid Schedule A $263,560.00 $241,700.00 $198,670.00 $259,440.00 Additive Bid Schedule B
26 1 LS 300,000.00 300,000.00 220,000.00 220,000.00 288,000.00 288,000.00 225,000.00 225,000.00 $300,000.00 $220,000.00 $288,000.00 $225,000.00
$4,657,610.00 $3,927,000.00 $3,956,775.00 $4,118,910.00 All Commercial Fence Inc. All Commercial Fence Inc. Lighthouse ElectricPacific Steel Group Herzog Roofing Quality Well DrillersDavid Hall Masonry Inc. Howk Systems Don Pedro PumpAmerican Paving Co. McCurley & Day Masonry Altamont RebarWm B Saleh Co. Quality Well Drillers Stockton FenceNations Roof, LLC Pacific Steel Group Ramsone PavingBlocka Construction, Inc. Wm B Saleh Co. McPhee Masonry Lighthouse Electric Strategic Mechanical Nations Roof, LLCQuality Well Drillers Lighthouse Electric AMS HeatingHowk Systems Browns Dock & Door Wm B Saleh Co.
Total of Bid plus Additive Schedule A & B
Emergency Generator
Total of Additive Bid Schedule B
Subcontractors Listed:
Furnish and Install Blow OffFurnish and Install 12-Inch Waterline 15 of 279
640.33-Rebid
I I I I I I
I I I I I I I
I I I I I I I
I I I I I I I
Project Name/No.: Well No. 18 Development and Equipment Contract No.: 640.33-2026 Project Manager: José A. Ramírez
01424.0001/923138.1 1
PUBLIC WORKS AGREEMENT
BETWEEN CITY OF LIVINGSTON AND
W.M. LYLES CO.
THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this ____ day of ________, 2026 by and between the CITY OF LIVINGSTON, a municipal corporation, (“City”) and W.M. LYLES CO., (“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 WELL NO. 18 DEVELOPMENT AND EQUIPMENT (“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, Special Provisions, Plans, 16 of 279
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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 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. 17 of 279
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(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 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.
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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 contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
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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.
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 20 of 279
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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 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. 21 of 279
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(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.
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 22 of 279
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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 THREE MILLION NINE HUNDRED TWENTY-SEVEN THOUSAND DOLLARS AND NO CENTS ($3,927,000.00) for completion of the work.
2.2 Invoices.
Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement.
All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.
2.3 Payment.
City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.4 Retention.
Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107 of the Public Contract Code.
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.
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(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 THREE HUNDRED (300) 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 FIFTEEN HUNDRED DOLLARS ($1,500.00) 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.
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 24 of 279
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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:
Tony Mueller President/COO
(Name) (Title)
Rueben Moreno, Jr. Project Executive
(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 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. 25 of 279
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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.
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 26 of 279
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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.
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 27 of 279
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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 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.
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(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 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.
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(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 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.
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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 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 31 of 279
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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.
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, 32 of 279
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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).
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 33 of 279
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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. (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 34 of 279
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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. (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 35 of 279
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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.
(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. 36 of 279
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(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.
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.
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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.
ARTICLE 9. DEPARTMENT OF WATER RESOURCES STANDARD CONDITIONS
9.1 Acknowledgement of Credit and Signage
The Contractor must place a sign in a prominent location on the Project site and must maintain the sign in good condition for the duration of the Project. The sign must include, 38 of 279
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prominently displayed, the following disclosure statement and color logos (available from the Division):
“Funding for this project has been provided in full or in part from the California State Budget Act of 2023 and through an agreement with the State Department of Water Resources.
9.2 Americans with Disabilities Act
By signing this Agreement, Contractor assures that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
9.3 Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Contractor does hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace.
9.4 Nondiscrimination
During the performance of this Funding Agreement, Contractor shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital status, and denial of medical and family care leave or pregnancy disability leave. Contractor shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code, § 12990.) and the applicable regulations promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing are incorporated into this Agreement by reference. Contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
10 MISCELLANEOUS PROVISIONS
10.1 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.
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10.2 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.
10.3 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.4 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.
10.5 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.
10.6 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 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.
10.7 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 40 of 279
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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.
10.8 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. 41 of 279
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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 California
Municipal Corporation.
__________________________________
José A. Ramírez, City Manager
CONTRACTOR:
W.M. Lyles Co.
License Number: 422390
DIR Number: 1000001448
By:
Name: Tony Mueller
Title: President/COO
ATTEST:
Monica Cisneros, Deputy City Clerk
By:
Name: Ruben Moreno. Jr.
Title: Project Executive
Address:
2810 Unicorn Road
Bakersfield, CA 93308
APPROVED AS TO FORM:
BURKE, WILLIAMS & SORENSEN, LLP
Marc Tran, City Attorney for the City of
Livingston
*Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY. 42 of 279
01424.0001/923138.1 A-1
EXHIBIT A
CONTRACTOR’S BID
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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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W.M. Lyles Co.
P.O. Box 28130
Fresno, CA 93729
License No. 422390
DIR:1000001448
Sealed Bid Proposal For:
WELL NO. 18 DEVELOPMENT AND
EQUIPMENT
Bid Date: Tuesday, August 18, 2026
Bid Time: 2:00 PM
Submit Sealed Bid To:
City of Livingston
1416 C Street
Livingston, CA 95334
Project Number:
Addenda No's.:
DO NOT OPEN UNTIL THE TIME OF BID
OPENING
~· -:.:· --~D\YIG
AUG 18
City of Livingsfon
L~s _..,,.
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CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
BID BOOK
FOR
CONSTRUCTION OF
WELL NO. 18 DEVELOPMENT
AND EQUIPMENT
Bid Opening Date: August 18, 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 ....................................................... ............... 5-14 STATEMENT OF QUALIFICATIONS .. ............................. .............................. ......................... .. ..................... 6-14 EQUAL OPPORTUNITY CERTIFICATION .................................................................................... ................ 7-14 PUBLIC CONTRACT CODE STATEMENTS ................................................................................................. 8-14 PUBLIC CONTRACT CODE QUESTIONNAIRE ................... ......................................................................... 9-14 CONTRACTOR'S CERTIFICATION REGARDING WORKER'S COMPENSATION INSURANCE ............... 9-14 NONCOLLUSION AFFIDAVIT .............. .... ..... .. .. ........................... .................................................................. 10-14 DEBARMENT AND SUSPENSION CERTIFICATION ................................................................................... 11-14 NPDES/MS4 COMPLIANCE CERTIFICATION .......... ............ ........................................................................ 11 -14 SIGNATURE PAGE ........ ... ......................................................................... ................. ................................... 12-14 BID BOND ..................................................................................... ......... ......................................................... 13-14 -TABLE OF CONTENTS I -
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PROPOSAL TO THE CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
NAME OF BIDDER W. M. Lyles Co. ----------------------
BUSINESS P.O. BOX P. 0 . Box 27978, Fresno, CA 93729
CITY STATE ZIP Fresno, CA 93711
' ' ----------------------- (Please include even if P.O. Box used) BUSINESS STREET ADDRESS 525 W. Alluvial Avenue ------------------ CITY STATE ZIP Fresno, CA 93711
' ' -----------------------
TELEPHONE NO.: AREA CODE ( 559 ) 4_4_1_-1_9_0_0 __________ _ FAX NO.: AREA CODE ( 559) _.4 .... 8_._7-..... 7 ..... 94_...9.__ __________ _ CONTRACTOR LICENSE NO.: 422390
------------------
Depa rt men t of Industrial Relations (DIR) Registration No.: _1_00_0_0_0_14_4_8 _____ _ The work for which this proposal is submitted is for construction in accordance with the special provisions (including the payment of not less than the State general prevailing wage rates), the project plans described below, including any addenda thereto, the contract annexed hereto, and also in accordance with the Current California Department of Transportation Standard Plans, Standard Specifications, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.
The special provisions and plans for the work to be done are dated MAY 2026 and are entitled:
640.33
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
CONTRACT DOCUMENTS
FOR CONSTRUCTION OF
WELL NO. 18 DEVELOPMENT
AND EQUIPMENT
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 shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount of the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the CITY of LIVINGSTON'S Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise, if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.
Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.
The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the CITY of LIVINGSTON, and that discretion will be exercised in the manner deemed by the CITY of LIVINGSTON to best protect the public interest in the prompt and economical completion of the work. The decision of the CITY of LIVINGSTON respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.
If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the 2 bonds in the sums required by the State Contract Act, with surety satisfactory to the CITY of LIVINGSTON, within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the CITY of LIVINGSTON that the contract has been awarded, the CITY of LIVINGSTON may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this proposal shall operate and the same shall be the property of the CITY of LIVINGSTON.
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal 640.33
BID 2 of 14
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is accepted, that he will contract with the CITY of LIVINGSTON, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefore the following prices, to wit:
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
BID SCHEDULE
WELL NO.18 DEVELOPMENT AND EQUIPMENT
ITEM ESTIMATED UNIT ITEM
NO. BID ITEM DESCRIPTION QUANTITY PRICE TOTAL
BASE BID SCHEDULE
1 Mobilization, Demobilization, Bonds and
Insurance 1 LS $ L~ $ 12.0itlJO
*(Item 1 not to exceed $120,000.00) *(See Note)
2 Traffic Control Plan 1 LS $ L5 $ l~OlV
**(Item 2 not to exceed $15,000.00) **(See Note)
3 38" Bore and 30" Diameter Conductor
Casing Complete, Grouted in Place 50 LF $ 77() $ 3a5112 4 28" Diameter Bore 445 LF $ 20? $ v11,225
5 16" Diameter Blank (Plain) Well Casing
Complete in Place with Gravel
Encasement and with Development 361 LF $ f.4_20 $ Z277<t>zo 6 16" Diameter Steel Well Screen
Complete in Place with Gravel
Encasement and with Development 129 LF $ 79]0 $ l@loZO
7 Installation and Removal of Test
Pumping Equipment 1 LS $ L5 $ 3Zbl?
8 Overpumping and Testing 40 HRS $ ?10 $ Z.2_t,tY)
9 Construct Concrete Pedestal 1 LS $ L~ $ JO/Xl?
10 Clearing and Grubbing 1 LS $ c...s $ '7:®
11 Earthwork 1 LS $ LS $ ls,,r.m
12 Well Pump and Motor 1 LS $ l,~ $ 3.3~@
13 Well Discharge and Site Yard Piping 1 LS $ L5 $ 2~a-10 640.33
BID 3 of 14
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14 Chemical Feed System 1 LS $ L.S $ 140(ax,
15 Well Building 1 LS $ LS $~"©
16 Waste and Floor Drain Gravity Piping 1 LS $ LS $ sat\?(> 17 Chain Link Fence and Gates 1 LS $ L~ $ 5~000
18 Electrical and Instrumentation 1 LS $ Lb $ 14o.035 • 19 Utility Service Improvements 1 LS $ LS $ 355iax>
20 Site Surface Improvements 1 LS $ LS. $ /or:;_a,o >
21 Site Access Improvements 1 LS $ L..~ $ ~,ax> I
22 Startup and Training 1 LS $ LS $ 2(XI)
23 Record Drawings and O&M Manuals 1 LS $ LS $ 2,5"(X)
TOTAL BASE BID $ 3,%5;'3()0 . ADDITIVE BID SCHEDULE A
24 Furnish and Install 12-lnch Waterline 662 LF $ 350 $ 23f, 7/l? 25 Furnish and Install Blow Off 1 EA $ IOit.t>D $ IOlOOO TOTAL ADDITIVE BID SCHEDULE A $ z+Lzao ,
ADDITIVE BID SCHEDULE B
26 Emergency Generator 1 LS $ LS $ 2.latXJO
TOTAL ADDITIVE BID SCHEDULE B $ 224av
TOTAL BID $ -~12.--~ t.trJ
NOTE: "TOTAL BID" is the sum of Total Base Bid plus Total Additive Bid A plus Total Additive Bid B. The lowest Total Bid amount will be used for considering the lowest Bidder. The City will have the option to award or not award the Contract with the Additive Bid A and/or Additive Bid B. 640.33
BID 4 of 14
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INFORMATION REQUIRED OF BIDDER
List of Subcontractors
As of March 1,2015, Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/ContractorRegisfration. 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) Reqistration No.
17 Fencing 1% 823030 1000047749 All Commercial Fence Inc. Waterford, CA 14,15,21 Rebar 0.5% 997880 1000004101 Pacific Steel Group ,26 Fresno, CA 15 Masonry 2% 379966 1000006976 David Hall Masonry Inc. Ripon, CA 19,20,24 Paving 5% 181430 1000001450 American Paving Co. Fresno, CA 12,13,14 Painting 1% 268108 1000003170 Wm B Saleh Co. , 15 Fresno, CA
15 Roofing 1% 1012378 1000036446 Nations Roof LLC Fowler, CA 15 HVAC 1% 679326 1000000447 Blocka Construction, Inc. Pleasanton,CA 640.33
BID 5-14
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INFORMATION REQUIRED OF BIDDER
List of Subcontractors
As of March 1,2015, Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/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) Rei:iistration No.
13, 14, 15, 18,19,22, Electrical 27% 871256 1000024650 Lighthouse Electric, Clovis, CA 26 3,5,6, Well Development 10% 468732 1001024862 Quality Well Drillers, Atwater, CA 7,8,12 Well Equipping 8% 479018 1000002652 Howk Systems, Modesto, CA 640.33
BID 5-14
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INFORMATION REQUIRED OF BIDDER
List of Subcontractors
As of March 1,2015, Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/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. • Pe~J.i8rllt Dept. of
Bia Item . DescliptieR of WQrk te. ,be Pertoneot ·of l'otal ; $!,11tllGC;fli1tr~etQF'~ lndus,tiaJ SWllil9Jittaetots Name and A'ddress No. ' Csntl'a~t : Ut:eRa,e· Ne, . ~tations (OtR,) • ,I , L. Realsti:atlo.n NQ. ,,
640.33
BID 5-14
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STATEMENT OF QUALIFICATIONS
Experience
Bidder shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
1 2 3
Well 20-A TCP Mitigatic n Wastewater Trunk Line Upsi,
Project Title Well 4-3 Well Equipping
Along Olson Avenue to WWl
& Headworks Improvement
and Water Line Project
City of Atwater City of Tulare City of Reedley
Public Agency
713 Green Sands Avenue, 1701 W. Huntsman Ave.,
Address Atwater, CA 95301 Reedley, CA 93654
SW Corner of W. Bardsley Ave ~nd
S. K Street, Tulare, CA
(209) 357-6233 (559) 684-4233 (559) 637-4200 Ext. 221
Telephone No.
Justin Vinson Michael Powers Marilu S. Morales
Engineer in Charge
$5,095,690.97 $5,213,343.5 $3,698,210.93
Project Value ($)
July 31 , 2025 October 31, 2025 August31,2024
Date Accepted
No No No
Claims Filed?
If yes explain
below:
640.33
BID 6-14
e
p
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Quality Well Drillers
WELL DRILLER
STATEMENT OF QUALIFICATIONS
Experience
Well Driller shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
Project Title
Public Agency
Address
Telephone No.
Engineer in Charge
Reverse Rotary
Drilling?
Depth of Well
Date Accepted
Claims Filed?
If yes explain
below:
640.33
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(W~oi \q)opf, lnl- 0-otAve 1 °'
6,~1neenne) Inc.
\6-e s \d{S
SO'S
BID 6-14B
57 of 279
(THE BIDDER'S EXECUTION ON THE S/GNA TURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERT/FICA TIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder W. M. Lyles Co.
(list Subcontractor(s) above)
hereby certifies that he
IZ!has
D has not
proposed subcontractor(s)
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 640.33
BID 7-14
640.33
BID 7-14
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder________________________________________________________, proposed subcontractor(s) , (list Subcontractor(s) above)
hereby certifies that he
has
has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications.
David Hall Masonry
58 of 279
□
~
640.33
BID 7-14
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder________________________________________________________, proposed subcontractor(s) , (list Subcontractor(s) above)
hereby certifies that he
has
has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 59 of 279
□
□
640.33
BID 7-14
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder________________________________________________________, proposed subcontractor(s) , (list Subcontractor(s) above)
hereby certifies that he
has
has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 60 of 279
□
□
640.33
BID 7-14
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder________________________________________________________, proposed subcontractor(s) , (list Subcontractor(s) above)
hereby certifies that he
has
has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications.
W.M. Lyles Co. American Paving Co. X
61 of 279
□
□
62 of 279
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder_ W_ .M_. Ly__l_e_s_C_o_. -------,------,,.....,,...-----'' proposed subcontractor(s) illW\~.~\J\ to.
(list Subcontractor(s) above)
hereby certifies that he
/4as
D has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee. the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 640.33
BID 7-14
640.33
BID 7-14
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder________________________________________________________, proposed subcontractor(s) , (list Subcontractor(s) above)
hereby certifies that he
has
has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications.
All Commercial Fence, Inc.
63 of 279
~
□
640.33
BID 7-14
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder________________________________________________________, proposed subcontractor(s) , (list Subcontractor(s) above)
hereby certifies that he
has
has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 64 of 279
□
□
65 of 279
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERT/FICA T/ONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder W.M. Lyles Co.
AIA171JA/.J' ~F .. w~sr
(list Subcontractor(s) above)
hereby certifies that he
~ s
D has not
, proposed subcontractor(s)
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Sign in ...tl:i,is-b· ature portion thereof shall also constitute signature of these certification . ----t- ---,,--.ir....L ------
640.33
BID 7-14
66 of 279
(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
c tractor(s) above)
hereby certifies that he
~as
~ I ;J/4e,,J.-,
D has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 640.33
BID 7-14
640.33
BID 7-14
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder________________________________________________________, proposed subcontractor(s) , (list Subcontractor(s) above)
hereby certifies that he
has
has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 67 of 279
□
□
68 of 279
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.
640.33
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
BID 8-14
69 of 279
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 _K_e_rn ________ _
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.
W. M. Lyles Co.
Date: August 18, 2026
640.33
BID 9-14
70 of 279
640.33
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF LIVINGSTON. DEPARTMENT OF PUBLIC WORKS
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
BID 10-14
71 of 279
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions to an additional sheet of paper and include with the bid.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
NPDES/MS4 Compliance Certification
All construction projects within the City limits must comply with the National Pollutant Discharge Elimination System (NPDES) storm water regulation adopted by the EPA, and as applicable, and the Phase II Small Municipal Separate Storm Sewer System (MS4) General Permit requirements, regardless of size.
The City is required under these permits to provide information to Contractors performing work within City limits about training opportunities to assist in managing potential pollutants from construction -related activities, selection, installation, implementation, and maintenance of Best Management Practices (BMPs), as well as overall program compliance.
The Bidder acknowledges that they are aware of the necessity to be in compliance with the NPDES and MS4 permits while working within City limits.
Note: Providing false information may result in criminal prosecution or administrative sanctions. 640.33
The above certifications are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of these Certifications.
BID11-14
72 of 279
Accompanying this proposal is _B_i_d_de_r's_B_o_n_d _________________ _ (NOTICE: INSERT THE WORDS "CASH($ __ ~," "CASHIER'S CHECK," "CERTIFIED CHECK," OR "BIDDER'S BOND," AS THE CASE MAY BE.) in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE
If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof,· if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.
W. M. Lyles Co., a California Corporation
Kenneth D. Strosnider, President/Treasurer/Manager
Ruben Moreno, Jr., Secretary
Jeffrey J. Mathiowetz, Assistant Vice President
Licensed in conformance with an act providing for the registration of Contractors, License No. 422390
--------- -- Classification(s) _A_,_B __________ _
Department of Industrial Relations (DIR) Registration No. _1_0_0_0_0_0_1 _44_8 ________ _ 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). 640.33
Date: --------'-A=u=g=u=st.::.......:....18=·--=2=0=2=6'-- Sian ~
i~
' rere
Jeff: • Malhiowetz
~ 9- g,_--- ~-~
Assistant Vice President ~
Authorized Signature and Title of Bidder
Business Address 525 W. Alluvial Ave., Fresno, CA 93711 Place of Business 525 W. Alluvial Ave., Fresno, CA 93711 Place of Residence 525 W. Alluvial Ave., Fresno, CA 93711 BID 12-14
73 of 279
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ----=---- K_:: e_r_n __________ _
On Aug ust 1 8th, 2 0 2 6 before me, __ A_l_l_e_ n_ H_i_' _c_k_e_r_n_e_ l _l _,_N_o_t _a_r~y=--_P_u_b_l_i _c __ _, Date Here Insert Name and Title of the Officer
personally appeared _________ __ J_e_f_f_r_e_y.___J_._ M_a_t_h_i _o_w_e_t _z _______ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(~ whose name~ isJet<s subscribed to the within instrument and acknowledged to me that he,Lsho/they executed the same in his/41or41=leir authorized capacityttesr, and that by his/oRer/1heir signature(st on the instrument the personW, or the entity upon behalf of which the person~) acted, executed the instrument.
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature~~
Signature of Notary Public
----------------oPTIONAL----------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Liv ings t on Bid Do cs Document Date: _8_11_8_1_26 _ _ _ _ _ _ Number of Pages: ___ Signer(s) Other Than Named Above: _ _______ ____ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: Jeffrey J. Mathiowe tz
Kl Corporate Officer - Title(s): Asst . VP
□ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
Other: ______________ _
Signer Is Representing: W, M. Lyles Co ,
Signer's Name: ___ _ ____ _ ___ _
□ Corporate Officer - Title(s): _____ _ _
□ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other: _____________ _
Signer Is Representing: ____ _____ _
~~~'CC~~~::;c<~~~~~~~~~~~:::oc~~;.'CC~~:.::;.'Cl~~CQ(~
©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 74 of 279
BID BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
BIDDER (Name and Address)
W. M. Lyles Co.
SURETY (Name, and Address of Principal Place
of Business):
525 W. Alluvial Avenue
Fresno, CA 93711
OWNER (Name and Address):
City of Livingston
416 C Street
Livingston, CA 95334
BID
Bid Due Date: August 18, 2026
Liberty Mutual Insurance Company
One Embarcadero Center Suite 1320
San Francisco, CA 94111
Description: (Project Name and Well No. 18 Development and Equipment Location) Lucero Park located at 801 Celia Drive in the City of Livingston BOND
Bond
Number: N/A
Date: August 7, 2026
Penal
Sum: Ten percent of bid amount
(Words)
$ 10%
(Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.
BIDDER
W. M. Lyles Co. (Seal)
By:
Bid" : •me and Corporate Seal
~ 9~-rs
Jeffrey J. Mathiowetz
Print Name
Asst Vice President
Title
SURETY
Bonnie Gonzalez
Print Name
Attorney in Fact
Title
Attest: See attached Power of Attorney
Signature
Title
Note: Addresses are to be used for giving any required notice.
Provide execution by any additional parties, such as joint venturers, if necessary. 640.33
BID 13-14
75 of 279
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of __;;;_; K;..;; e_r_n __________ _
On August 18th, 2 0 2 6 before me, __ A_l_l_e_n_H_i_· _c_k_e_r_n_e_ l _l """,_ N_ o_t _a_r_y,.____P_u_b_l_i_c _ _ _ Date Here Insert Name and Title of the Officer
personally appeared ___________ J_e_f_ f _r_e_y.__J_._M_a_t_h_i_o_w_e_ t _z _______ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person~ whose name(st is/ere subscribed to the within instrument and acknowledged to me that he/she/th9lf executed the same in his/her,'their authorized capacity{,i6&}, and that by his/-Aer/their signature(s} on the instrument the person(6), or the entity upon behalf of which the perso~ acted, executed the instrument.
ALLEN HICKERNELL
Notary Public - California
Kern County f ,. • Commission H 2522468 -.,,,oa._,, M C Y omm, Expires Jun 7, 2029 Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
---------------oPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Livingston Bid Doc s Document Date: _8_/ _18_/_2_6 ____ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: Jeffrey J. Mathiowetz
Kl Corporate Officer - Title(s): Asst. VP
□ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
Other: ______________ _
Signer Is Representing: W. M. Lyles Co.
Signer's Name: ____________ _
□ Corporate Officer - Title(s): ___ ___ _
□ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other: _____________ _
Signer Is Representing: _________ _
~~;:C<:.;~C0!:~:00:~~:a::cc;cc;~~~=====~:aoo~~CC<~=======~~ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 76 of 279
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. 640.33
BID 14-14
77 of 279
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Fresno
) ss
)
On Ave,A&c7/2aG , before me, Lyn Genito, Not ary Public, personally appeared Bonnie Gonzalez . who proved to me on the basis of satisfactory evidence to be the personfs} whose namefs} is/afe subscribed to the within instrument and acknowledged to me that he/she/~ executed the same in .f::Hs/her/theif authorized capacityffes}, and that by .f::Hs/her/tA-eif-.signaturefs} on the instrument the personfs}, or the entity upon behalf of which the personfs} 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.
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~M~~ SURETY
POWER Of ATTORNEY
Liberty Mutual_ Insurance Company
The Ohio Casualty insurance Company
West American Insurance Company
Certificate No: 8213431-984971
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio casualty Insurance Company is a corporation duly organized under the laws of 1he Slate 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
1.mder lhP3lsWffi.&~M,~HmlBB~~i.ltlml~~ e}~S~»-~-liFJ:,~\!¥?Br&mie set forth, does hereby name, constitute and appoint, __ _ all of the city of Fresno state of CA each individuallv if there be more than one named. its true and lawful attornev-in-fact to make. execute, seal, acknowledge and deliver, for and on its behalf as surety 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 ofthe 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 ~ day of March , ~-
State of PENNSYLVANIA ss
County of MONTGOMERY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
Br-1.flJLNathan J. Zangerle, Assistant Secretary
On this 24th dav of March , 2025 before me oersonallv appeared Nathan J. Zanaerle. who acknowledaed himself to be fhe AssistantSecretarv of Libertv Mutual Insurance 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 therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and yearilrst above written.
CorMlorrNeallh or Penosylvanla -Nota,y Seal
Teresa Pastella, Nolruy Public
Montgome,y County
My commission expires March 28, 2029
Commlsslon number 1125044
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:
ARTICLE N - OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation au1horized for that purpose in writing by 1he Chairman or the President, and subject to such limitation as the Chairman or the 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 any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the ttmltattons set fortn in tneir respeellve powers of attorney, shall 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 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 Cl)
a> 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. 2 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, -o ::, 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 surety any and all undertakings, ~ Cl 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 i <l> 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 O ~ signed by the president and attested by the secretary. a3 > Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such j ~ attorneys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and r:: :Q 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 fhe Company in connection with surety bonds, shall be valid and binding upon the Company with ~ ~ the same force and effect as though manually affixed. c::: ro I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do -'- ~ "ti 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 ro ~ has not been revoked. A . -? ..r-./J I'_
.g> 2 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed lhe seals of said Companies this ~ dav oV--J,1 SA.~ ?e/ ~ ot: ~-~ ~-- --+- - --- E·-:
.... .$
Q~
J2 >- :;; 1912
-0 .... C- 0 ctl c::: .--: "'4' ,e>, ~ >! ~~~
768, ~ d-6f12-11 fl -8000-9c934e9bc I ,.,.c-, .ir,07Q I,,.,,,... nf""lr\1\1/J.lr-- ruh,lti f"':n n?l?A.
By:=-.._---::-~
~~ --::---:~--:-=-~-------- Renee C. LJewellvn. Assistant Secretarv 79 of 279
ADDENDUM NO. 01
Project:
Date of Addendum: August 14, 2026
Well No. 18 Development and Equipment
Owner: City of Livingston
Bid Date: August 18, 2026 at 2:00 p.m.
To:
From:
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 following changes:
a. Replace General Provisions Section 1-28 Insurance, subsection 1, paragraph 1.2 with the following:
"1.2 Limits - The Contractor shall maintain limits no less than the following:
A. General liabilitv 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."
3. The Technical Specifications are hereby modified to effect the following changes:
640.33
a. Add Section 270500 Communication Structures, attached. b. Replace Section 332100 Well Drilling and Test Pumping with the attached revised Section 332100.
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c. Replace Section 406640 Telemetry System with the attached revised Section 406640.
4. The Plans are hereby modified to effect the following changes:
a. Sheet C-121, Detail 1, minimum pipe cover above flexible wall and rigid wall pipe shall be revised from 30" to 36".
b. Replace Sheet E-014 with the attached revise Sheet E-014. c. Replace Sheet E-100 with the attached revise Sheet E-100. d. Replace Sheet E-101 with the attached revise Sheet E-101. e. Replace Sheet E-102 with the attached revise Sheet E-102. f. Replace Sheet E-103 with the attached revise Sheet E-103. g. Replace Sheet E-104 with the attached revise Sheet E-104.
5. The Bid Book is hereby modified to effect the following changes:
a. Add page BID 6-14B Well Driller Statement of Qualifications, to be submitted at time of bid.
6. The following clarifications shall be incorporated into the Contract Documents:
a. Summary of questions and responses prior to bid opening, attached.
7. Bids shall be submitted in accordance with this Addendum. All Bidders MUST acknowledge receipt of this Addendum by signing and returning this Addendum with your Bid. Failure to include this Addendum No. 01 with your bid shall result in your bid being rejected as non-responsive.
Gouveia Engineering Firm Name:
By:
Title:
2)Z4~
.
Jeffrey J. Mathiowetz, Assistant Vice President
By: Nicholas Fontaine, PE
Date:
640.33
81 of 279
Dawson-Mauldin, LLC
341.0 McCall Ave. Suite 1.06
Selma, CA 93662
License# 1.042654
DIR# 1.000060481.
Sealed Bid for:
Well No.18
~@§OW@@
AUG 18 2026
City of Livingston
I : 4 ot f 1"'-
Development and Equipment
rebid
Date:
DO NOT OPEN UNTIL THE TIME OF BID OPEN:
Tue. July 18, 2026
Time: 2:00 pm
City of Livingston
Office of City Clerk
1416 C Street
Livingston, CA 95334
L_---~~------~-------
82 of 279
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
BID BOOK
FOR
CONSTRUCTION OF
WELL NO. 18 DEVELOPMENT
AND EQUIPMENT
Bid Opening Date: August 18, 2026 @ 2:00 P .M. PDT
GOUVEIA ENGINEERING
456 Sixth Street, Gustine, California 95322
83 of 279
BID BOOK
TABLE OF CONTENTS
PROPOSAL TO CITY .................................................. ................................................................................... 1-14 BID SCHEDULE .............................................................................................................................................. 3-14 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS ...................................................................... 5-14 STATEMENT OF QUALIFICATIONS ............................................................................................................. 6-14 EQUAL OPPORTUNITY CERTIFICATION .................................................................................................. .. 7-14 PUBLIC CONTRACT CODE STATEMENTS ................................................................................................. 8-14 '
PUBLIC CONTRACT CODE QUESTIONNAIRE ............................................................................................ 9-14 CONTRACTOR'S CERTIFICATION REGARDING WORKER'S COMPENSATION INSURANCE. .............. 9-14 NONCOLLUSION AFFIDAVIT ......................... ............................................................................................... 10-14 DEBARMENT AND SUSPENSION CERTIFICATION ................................................................................... 11 -14 NPDES/MS4 COMPLIANCE CERTIFICATION .............................................................................................. 11-14 SIGNATURE PAGE .......................................................................... ............. ................................................. 12-14 BID BOND ....................................................................................................................................................... 13-14 -TABLE OF CONTENTS I -
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PROPOSAL TO THE CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
NAME OF BIDDER Dawson-Mauldin, LLC
BUSINESS P.O. BOx _n_a ___________________ _
CITY, STATE, ZIP __ n_a ___________________ _
( Please include even if P. 0. Box used)
BUSINESS STREET ADDRESS 3410 McCall Ave. Suite 106
CITY, STATE, ZIP ______ s_e_lm_a_,_C_A_ 9_36_6_2 ___________ _ TELEPHONE NO.: AREA CODE ( 559) _8_96_-_00_9_8 __________ _ FAX NO.: AREA CODE ( 559) --==8=9=-6-__,_15=7=2,___ _________ _ CONTRACTOR LICENSE NO.: __ 1_0_4_26_5_4 ____________ _
Department of Industrial Relations (DIR) Registration No.: _ 1_0_0_00_6_0_48_1 ____ _ 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 JULY 2026 and are entitled:
640.33
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
CONTRACT DOCUMENTS
FOR CONSTRUCTION OF
WELL NO. 18 DEVELOPMENT
AND EQUIPMENT
BID 1 of 14
85 of 279
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.
The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item.
In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount of the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the CITY of LIVINGSTONs Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise, if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.
Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.
The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the CITY of LIVINGSTON, and that discretion will be exercised in the manner deemed by the CITY of LIVINGSTON to best protect the public interest in the prompt and economical completion of the work. The decision of the CITY of LIVINGSTON respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.
If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the 2 bonds in the sums required by the State Contract Act, with surety satisfactory to the CITY of LIVINGSTON, within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the CITY of LIVINGSTON that the contract has been awarded, the CITY of LIVINGSTON may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this proposal shall operate and the same shall be the property of the CITY of LIVINGSTON.
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal 640.33
BID2of14
86 of 279
is accepted, that he will contract with the CITY of LIVINGSTON, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefore the following prices, to wit:
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
BID SCHEDULE
WELL NO. 18 DEVELOPMENT AND EQUIPMENT
ITEM
NO. BID ITEM DESCRIPTION
BASE BID SCHEDULE
1 Mobilization, Demobilization, Bonds and
Insurance
*(Item 1 not to exceed $120,000.00)
2 Traffic Control Plan
**(Item 2 not to exceed $15,000.00)
3 38" Bore and 30" Diameter Conductor
Casing Complete, Grouted in Place
4 28" Diameter Bore
5 16" Diameter Blank (Plain) Well Casing
Complete in Place with Gravel
Encasement and with Development
6 16" Diameter Steel Well Screen
Complete in Place with Gravel
Encasement and with Development
7 Installation and Removal of Test
Pumping Equipment
8 Overpumping and Testing
9 Construct Concrete Pedestal
10 Clearing and Grubbing
11 Earthwork
12 Well Pump and Motor
13 Well Discharge and Site Yard Piping
640.33
ESTIMATED
QUANTITY
UNIT
PRICE
ITEM
TOTAL
1 LS $ I 'J o1 ooo . oo $ _--'t"-J._o"""'" >'""' bo""'o""-'.C..::o=o'---- *(see Note)
1 LS $ 15 O00- 0D $ (S.000 . 00 J ---~; ""'-""'-=--..;:;._- -(See Note)
50 LF $ ___ 8' -'-'D'"""O_.v_ $ 4-q; OOO . oo
445 LF $ JJ.5.oo $ / OD I JS oc, ---= ----=--=--=-
361 LF $ Co3o.oo $ );J1 +3o.t)o -------"----=
129 LF $ 950.00 $ / J.J 5.ffo. oo ------
1 LS $ Jo ooo.vo $ 30 ooo. oo
40 HRS $ ___ ..c.... 5 -=- 5.cc.. D_.t> __ o $ ;Ja , 000. oo J
1 LS $
1 LS $
1 LS $
1 LS $
1 LS $
111000. oo $ (]100Q -oo
3 0 .000 . $ 3o CbO oo l
45, QOO. tp $ 4si 000 .. DC:,
3 3o coo .oo $ 3 3QJ CXJO . .:l o )
J 50_/)CQ.O('. $ d 5tJ .QOQ . Ou
I i
BID3of14
87 of 279
14 Chemical Feed System 1 LS $ 14-5, OOQ.oc $ l 45, O()t). OD , , 15 Well Building 1 LS $ ¼ , 000.00 $ 45::> 000- 06
16 Waste and Floor Drain Gravity Piping 1 LS $ J 5.006.oc $ .J, t; 0 OI:> - Co , 17 Chain Link Fence and Gates 1 LS $ 44 000.oc $ 4 4coo. (:)v 18 Electrical and Instrumentation 1 LS $ f,. 0 OJ. / )OD.00$ , ... oo;;.l 000. DO 19 Utility Service Improvements 1 LS $ i 0:0d).C('.) $ , 8G" OoD. oo 20 Site Surface Improvements 1 LS $ 144,606 , $ I 4t Ot2{J - OCJ 21 Site Access Improvements 1 LS $ [ 15J JOO .oo $ / 7 ~ 000. 00 7 ,
22 Startup and Training 1 LS $ 1'5000. 0 $ :l:S ()QO. oo ) 23 Record Drawings and O&M Manuals 1 LS $ ~ b()o. co $ lo _. Doo. uo TOTAL BASE BID $ 3 .470,l oS.00 J I
ADDITIVE BID SCHEDULE A
24 Furnish and Install 12-lnch Waterline 662 LF $ ol ~ t;". "o $ I St (o7o.c)c 25 Furnish and Install Blow Off 1 EA $ / OJ J0(). oo $ I O, ()0 0 . o o , ; TOTAL ADDITIVE BID SCHEDULE A $ I 18', Co7o.oo
ADDITIVE BID SCHEDULE B
26 Emergency Generator 1 LS $ cJi~ O0O .oo $ -;). )S}{ I 000, 00 TOTAL ADDITIVE BID SCHEDULE B $ J ~i ooo. LJ
3., 9 5 Ct, /17 5. oo
TOTAL BID $ ,. 6i~ q 56'~ c:r=1• G, o~
NOTE: "TOTAL BID" is the sum of Total Base Bid plus Total Additive Bid A plus Total Additive Bid B. The lowest Total Bid amount will be used for considering the lowest Bidder. The City will have the option to award or not award the Contract with the Additive Bid A and/or Additive Bid B. 640.33
BID 4 of 14
;-~
88 of 279
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 Co
de 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 $10,000 (whichever is greater). Photocopy this form for additional firms.
Percent Dept. of -
Bid Item Description of Work to be Performed of Total Subcontractor's Industrial Subcontractor's Name and Address No. Contract License No. Relations (DIR) Re_gistration No.
(1 :7% All Colli'\f~c;"
CJt.d -F..e nc:-£,
teV\C-€ ql\,4-e.. oJ-s o-:)o { ()000 4774q
p o R;,o)<.(p':>fs -t
~,ia.J.e.r Ford C.ft lt 0 :>8'/o
He t r..JJ 5 I{ oo-Fin~
IS \D6-\ 0~ v~n ~d
Jthj . srz 11 0 3 4-
3;). 1 Oc}Obdo'843 i'D4-1
JS(a.nd
C(ov i'S Cit- 03u-(1 i,1:).. wdl p 1A.,f'V\. V '"f m o+or B'/4 411012> / tJOlJODd 0 5;}._ tfo-VJ /<.. ~c s-k.t'VI > r<&-~ f 0 4 _f,., B,\v d
mo .e5-fo _
c A C/535,f
hu;tdi":3 {he Cl,Lr I -e1 _a/11.d!rc;-d/ /t1'1A.Sanr y rs Wl CtSOV16/1 f l.':/f% G,Jo-SCol f ODOD f J 4J.S Cj1 4g G. )t, i'el 5 ~e.
1re5no. ct, CJ.37;2 7
4s · wdl drtiltn3 q.4% (q ua/,:~ weu Dr~- e /·$
3 ) ) ,lo L\ lf6 l ~ l I oo-Jo
_
J48&J- J<.i,o /tirpark. I<. Mwakv\ CA 1$3 I
9,~,s ,1, p4.cf(ic.- Sre.e( ~f'o~ M r .c,h0cf' ,5% Cfq13go ( POOOO 4( OI 4io.s- lhc,v' p"'- y Ca.vi,yt-,.,., I ii )..} (J .5ci,VJ
Oieao C-A Cf;;) iJ-3
l~l:i,141 /,4% W,-vi. r,, t:;i::t.l-e.h ptu"r·i ,,f- 1 C OC\. -f / ¾4 N. J()._d, .. sor1 Ave..- r01 JG8lD'?J I 000003170 fiN'sno , CA- 'l31o3 ,s e.. \e C. tri {lL, '-L-\ -·~i% B:Alol~ %t\-te.f c.. tnec..lwn i~ \. ( DOOM i lJlp %to l f, . C:.ommuc.~ Ave -:- --e ,.,,0 cf\ ti
3 -7 ?S
ig 1lC\,
~Ho
i lee tr't'c u.L \..,
~Ve'\ Ovl.S-e.
~ f'---'W-i C:....
Jo% i1, aseo \ oooocJ.4&so 5a.o r~I" ¥- c.r~ ... (.. i)r 640.33 <'..,~ viS (A
q :?,t"t, }I
\S c\oors
. '?J 51o t oooov I 331 ':)\'0UJ·(1S t)ocJ_ t too r -
1<oS4- IB '.J 7 3-s w _ 0et\"'/Sbl.4.rcJf\.~ We.":>no, cR 937J.;). 89 of 279
Dawson-Mauldin, LLC
STATEMENT OF QUALIFICATIONS
Experience
Bidder shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
1 2 3
Remote Site for Well No. 12 CDBG San Joaquin Well No. MD-33 Project Title 6
City of Reedley City of San Joaquin County of Madera
Public Agency
1733 Ninth Street 21900 Colorado 200 W 4th Street
Address Reedley, CA Avenue Madera, CA
San Joaquin, CA
(760) 914-9180 (559) 693-4311 (559) 675-7811
Telephone No.
John Plath (AECOM) Nick Fontaine (Gouveia Edward Gosse (Wood Engineer in Charge Rodgers)
$1,646,950.00 $3,762,100.00 $587,030.10
Project Value ($)
October 2023 June 2025 February 2023
Date Accepted
NONE NONE NONE
Claims Filed?
If yes explain
below:
640.33
BID 6-14
_,
90 of 279
WELL DRILLER
STATEMENT OF QUALIFICATIONS
Experience
Quality Well Drillers
Well Driller shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
Project Title
Public Agency
Address
Telephone No.
Engineer in Charge
Reverse Rotary
Drilling?
Depth of Well
Date Accepted
Claims Filed?
If yes explain
below:
640.33
1 CO'v\\f\1\ 01 S~n~ll/\v1S
~Y\~ ~ ~WeRvhoyi
4 \0
2 I°' L-~ vwf-tr {We .
3 C11'd ot \i\V!Ylj~ton
l)ep¼ . of P-,\'oltC WVf'\
I flli C Gt.
\; 1V\ v,g b 'lbYl (',fr l?S
[Vvlo.o\ -nopf, lnl. G,,o!Ave ''°'
tvlf_)lYlt'en Y)~ In l .
BID 6-148
91 of 279
(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 _ _ D_a_w_s_o_n_-M_au_l_d_in_, _L_L_C _ _ ____________ , proposed subcontractor(s) (list Subcontractor(s) above)
hereby certifies that he
IZ]has
D has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 640.33
BID 7-14
640.33
BID 7-14
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder________________________________________________________, proposed subcontractor(s) , (list Subcontractor(s) above)
hereby certifies that he
has
has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 92 of 279
□
□
640.33
BID 7-14
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder________________________________________________________, proposed subcontractor(s) , (list Subcontractor(s) above)
hereby certifies that he
has
has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 93 of 279
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□
640.33
BID 7-14
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder________________________________________________________, proposed subcontractor(s) , (list Subcontractor(s) above)
hereby certifies that he
has
has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 94 of 279
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□
640.33
BID 7-14
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder________________________________________________________, proposed subcontractor(s) , (list Subcontractor(s) above)
hereby certifies that he
has
has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 95 of 279
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□
640.33
BID 7-14
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder________________________________________________________, proposed subcontractor(s) , (list Subcontractor(s) above)
hereby certifies that he
has
has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 96 of 279
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□
640.33
BID 7-14
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder________________________________________________________, proposed subcontractor(s) , (list Subcontractor(s) above)
hereby certifies that he
has
has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 97 of 279
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□
640.33
BID 7-14
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder________________________________________________________, proposed subcontractor(s) , (list Subcontractor(s) above)
hereby certifies that he
has
has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 98 of 279
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□
640.33
BID 7-14
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder________________________________________________________, proposed subcontractor(s) , (list Subcontractor(s) above)
hereby certifies that he
has
has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 99 of 279
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□
640.33
BID 7-14
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder________________________________________________________, proposed subcontractor(s) , (list Subcontractor(s) above)
hereby certifies that he
has
has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 100 of 279
□
□
640.33
BID 7-14
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder________________________________________________________, proposed subcontractor(s) , (list Subcontractor(s) above)
hereby certifies that he
has
has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 101 of 279
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102 of 279
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
IZI 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.
640.33
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
BID 8-14
103 of 279
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
raNo
If the answer is yes, explain the circumstances in the following space.
CONTRACTOR'S CERTIFICATION REGARDING WORKERS'
COMPENSATION INSURANCE
State of California
County of _F_re_s_n_o ________ _
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.
(Authorized Signature of Contractor)
Date: 8-18-2026
640.33
BID 9-14
104 of 279
640.33
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF LIVINGSTON, DEPARTMENT OF PUBLIC WORKS
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
BID 10-14
105 of 279
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions to an additional sheet of paper and include with the bid.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
NPDES/MS4 Compliance Certification
All construction projects within the City limits must comply with the National Pollutant Discharge Elimination System (NPDES) storm water regulation adopted by the EPA, and as applicable, and the Phase II Small Municipal Separate Storm Sewer System (MS4) General Permit requirements, regardless of size.
The City is required under these permits to provide information to Contractors performing work within City limits about training opportunities to assist in managing potential pollutants from construction -related activities, selection, installation, implementation, and maintenance of Best Management Practices (BMPs), as well as overall program compliance.
The Bidder acknowledges that they are aware of the necessity to be in compliance with the NPDES and MS4 permits while working within City limits.
Note: Providing false information may result in criminal prosecution or administrative sanctions. 640.33
The above certifications are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of these Certifications.
BID 11-14
106 of 279
Accompanying this proposal is _ _ B_i_d_d_e_r'_s_B_o_n_d _ _______________ _ (NOTICE: INSERT THE WORDS "CASH ($ ___ ..J, " "CASHIER'S CHECK," "CERTIFIED CHECK." OR "BIDDER'S BOND," AS THE CASE MAY BE.) in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
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.
Dawson-Mauldin, LLC
Michael Mauldin, President, Secretary, Treasurer, and Manager of Dawson-Mauldin, LLC Licensed in conformance with an act providing for the registration of Contractors, License No. 1042654 - - - -------- Classification(s) _ _ A_,_C_-_3_1 _ ______ _ Department of Industrial Relations (DIR} Registration No. ___ 1_0_0_0_0_6_0_4_8_1 _____ _ 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). 640.33
Sian ~
i~
~ Mere
Michael Mauldin,
President of Dawson-Mauldin, LLC
Authorized Signature and Title of Bidder
Business Address 3410 McCall Ave. Suite 106 Selma, CA 93662 Place of Business. _ _ sa_m_e _ _ ________________ _
Place of Residence 11996 Haidyn Ct. Fresno, CA 93730
BID 12-14
107 of 279
BID BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
BIDDER (Name and Address)
Dawson-Mauldin, LLC
3410 McCall Ave., Suite 106
Selma, CA 93662
OWNER (Name and Address):
City of Livingston
1416 C Street
Livingston, CA 95334
BID
Bid Due Date: August 18, 2026
Description: (Project Name and
SURETY (Name, and Address of Principal Place
of Business):
Endurance Assurance Corporation
4 Manhattanville Road, 3rd Floor
Purchase, NY 10577
Location) Well No. 18 Development and Equipment in Livingston, CA BOND
Bond
Number: EACX4058855
Date: August 5, 2026
Penal
Sum: Ten Percent of Bid Amount
(Words)
$
10% of Bid Amount
(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:
Michael Mauldin, Presiden1
Print Name
SURETY
By:
Endurance Assurance Corporation (Seal)
Surety's~ , ~::t• Seal
Signature (Attach Power of Attorney)
Emmalyn Nichols
Print Name
cesi 'lht ot ~Qll-~Vl~tdtk, LL(_ Attorney-in-Fact
Title
Attest:
Witness
Title
Note: Addresses are to be used for giving any required notice.
Provide execution by any additional parties, such as joint venturers, if necessary. 640.33
BID 13-14
108 of 279
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. 640.33
BID 14-14
109 of 279
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 Contra Costa )
before me, Matt P. Lockie, Notary Public
(insert name and title of the officer)
personally appeared Emmalyn Nichols
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _ ____ ~ --'---~ ----"'- w .........a. __ _ (Seal) 110 of 279
• SOMPO INTERNATIONAL POWER OF ATTORNEY INSURANCE 14938 <NOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation ('EAC'), Endurance American Insurance Company, a i>elaware corporation ('EAIC'), Lexon Insurance Company, a Texas corporation ('LIC'), and/or Bond Safeguard Insurance Company, a South Dakota ~orporation ('BSIC'), each, a "Company" and collectively, "Sompo International," do hereby constitute and appoint: Emmalyn Nichols, Jon Richard Sullivan, :atherine A Pinney, Matt Lockie
3S true and lawful Attorney(s)-ln-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co-surety; bonds and undertakings given for any and all Jurposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or Jndertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum :hereof in excess of the sum of One Hundred MIiiion ($100,000,000.00) 3uch bonds and undertakings for said purposes, when duly executed by said attomey(s)-in-fact, shall be binding upon the Company as fully and to the same extent 3S if signed by the President of the Company under its corporate seal attested by its Corporate Secretary. fhis appointment is made under and by authority of certain resolutions adopted by the board of directors of each Company by unanimous written consent effective :he 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC, a copy of which appears below under the heading entitled 'Certificate".
fhis Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the board of directors of each Company by manimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC and said resolution has not ,ince been revoked, amended or repealed:
~ESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating :hereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the 'uture with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 25th fay of May, 2023.
Endurance Assurance Corporation Endurance American
~ 0 Insurance Company
Lexon Insurance Company Bond Safeguard
Insurance Company
,, fuLJ '»1 ~i! .,, 1,,lJ '»1 ~p ., 1,,lJ '»1 ~p .,
~ichard Appel; SVP & Senior Counsel Richard Appel; SVP & Senior Counsel Richard Appel; SVP & Senior Counsel Richard Appel; SVP & Senior Counsel ~,\•\\\\l:~J 8 111,,,,,,.1, '\11111ltlllt111,-,,,,f ,.&s>->--,~... \\(\.>\~l ll!fllllll!ijr1', , '
.,,,,...._ c;,_~1;-.' __ n_ c_ &"lo,,,, .. _, ,,, .. ~. e,a:n In~ ,.,,,, ~"'\~~a0 1Nsu~4 ,,,
• r: . ~- • ," qp .••• ·-- c.,,. ,,_ /. ,;:-,~.-:--· •• ·•:·.•1-t•;. / <b,•o~PO~j:-~o\ /~.•o~l'O~,ij:-~-?,•\ ~ 0 ., A ·.C. t . ,S_: 0 ~-.::. •.. ...,., ,,, "'•O' -,. 4j , SO TH ,,, • • ' ·v --~ -~ ,' vsEAL'' ', - ;_ ~! • U • ('> ~ il '1>' SEAL : o ;; - w '- ' 0 KOTA ' 0 ~ : :5: : iiJ j : o ; : (): =- : A : i:: a t-o •. 2002 •::;--; ~ ~:. 1996 j o / \ o :, INSURANCE .::0 ~ \~• OELAWAAE,'°g .f \'?'-.DELAWARE .'J ·cKNOWLEDGEME \ i>.·-, COMPANY.-'$ / \.,. .~ .•• _ .•. $ ,;. -.... " ,,,'.n: ~==.....,="-""-'='"-'='"'-'-'I\. ~ & -. •• ~ }' ,, • ____ ... , .. -- ,.. ....,,G, -. -· ..;::;",~~ .. ~ ... _ ·-----·· .,;J,.-s- •,,,, ,,,, ,,,,,, '-21 • •• • • • I- ,,' ~~y- •• "' •"~ ",;j,,, ... ,,,,,,.,, ,,,,,,, ,,,,,,, ,,,,,,, ,,,, ,,,,.,,,rm 111111 11 1 ''1111111•'' ,'-'' )..\'f TAYLQ ,,,
)n this 25th day of May, 2023, before me, personally came the above signatories known to me, who being duly sworn, did depose.,~nd ~tl'lat-~e/t~y is an officer Jf each of the Companies; and that he executed said instrument on behalf of each Company by au rity of m fice under the Y'f ~~~ rrYBy, Amy Ta,1 N~-My~\/9/27 CERTIFICATE , ,,,,,,,,,,•'
, the undersigned Officer of each Company, DO HEREBY CERTIFY that:
1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof;
2. The following are resolutions which were adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and LIC and the 17th day of May, 2023 for EAC and EAIC and said resolutions have not since been revoked, amended or modified:
"RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co-surety with others: RICHARD M. APPEL, MATTHEW E. CURRAN, MARGARET HYLAND, SHARON L. SIMS, CHRISTOPHER L. SPARRO,
and be it further
RESOLVED, that each of the individuals named above is authorized to appoint attorneys-in-fact for the purpose of making, executing, sealing and delivering bonds,
undertakings or obligations in surety or co-surety for and on behalf of the Company."
3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded nd of the who~of.
N WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this I 5th I day of Augus 2013§_j - ~==~ =====-
By: Daniel . L e, Secretary
URY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONT OL OFAC
No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully.
The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's website- https://www.treasury.gov/resource-center/sanctions/SDN•List.
In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply.
Any reproductions are void.
Surety Claims Submission: LexonClalmAdmlnlstraUon@sompo•intl.com Telephone: 615-553-9500 Malling Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870 111 of 279
ADDENDUM NO. 01
Project:
Date of Addendum: August 14, 2026
Well No. 18 Development and Equipment
Owner: City of Livingston
Bid Date: August 18, 2026 at 2:00 p.m.
To:
From:
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 Docwnents, as applicable. All other conditions of the Contract Documents remain unchanged. The following changes, additions, or deletions as set forth herein shall apply to the Contract Documents and shall be made a part thereof and shall be subject to all the requirements thereof as though originally shown and/or specified.
2. The Contract Documents are hereby modified to effect the following changes:
a. Replace General Provisions Section 1-28 Insurance, subsection 1, paragraph 1.2 with the following:
"1.2 Limits - The Contractor shall maintain limits no less than the following:
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 liabilitv 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."
3. The Technical Specifications are hereby modified to effect the following changes:
640.33
a. Add Section 270500 Communication Structures, attached. b. Replace Section 332100 Well Drilling and Test Pumping with the attached revised Section 332100.
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c. Replace Section 406640 Telemetry System with the attached revised Section 406640.
4. The Plans are hereby modified to effect the following changes:
a. Sheet C-121, Detail 1, minimum pipe cover above flexible wall and rigid wall pipe shall be revised from 30" to 36".
b. Replace Sheet E-014 with the attached revise Sheet E-014. c. Replace Sheet E-100 with the attached revise Sheet E-100. d. Replace Sheet E-101 with the attached revise Sheet E-101. e. Replace Sheet E-102 with the attached revise Sheet E-102. f. Replace Sheet E-103 with the attached revise Sheet E-103. g. Replace Sheet E-104 with the attached revise Sheet E-104.
5. The Bid Book is hereby modified to effect the following changes:
a. Add page BID 6-14B Well Driller Statement of Qualifications, to be submitted at time of bid.
6. The following clarifications shall be incorporated into the Contract Documents:
a. Summary of questions and responses prior to bid opening, attached.
7. Bids shall be submitted in accordance with this Addendum. All Bidders MUST acknowledge receipt of this Addendum by signing and returning this Addendum with your Bid. Failure to include this Addendum No. 01 with your bid shall result in your bid being rejected as non-responsive.
Gouveia Engineering Firm Name:
By:
Michael Mauldin,
Title: President of Dawson-Mauldin, LLC
By: Nicholas Fontaine, PE
Date: 8-18-2026
640.33
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PROPSAL FOR:
CllfU
Conco West Inc
P.O. Box 1360
Manteca, CA 95336
www.concowestinc.com
City of Livingston
1416 "C" Street
Livingston, CA 95334
Attn: City Clerk
Well No-.- 18 Development and Equipment
BID OPENING:
August 18, 2026@ 2:00 P.M
~@l§DW@:@1
AUG 18 2026
City of Livingston
114 of 279
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
BID BOOK
FOR
CONSTRUCTION OF
WELL NO. 18 DEVELOPMENT
AND EQUIPMENT
Bid Opening Date: August 18, 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 ...................................................................... 5-14 STATEMENT OF QUALIFICATIONS ............................................................................................................. 6-14 EQUAL OPPORTUNITY CERTIFICATION .................................................................................................... 7-14 PUBLIC CONTRACT CODE STATEMENTS ................................................................................................. 8-14 PUBLIC CONTRACT CODE QUESTIONNAIRE ............................................................................................ 9-14 CONTRACTOR'S CERTIFICATION REGARDING WORKER'S COMPENSATION INSURANCE ............... 9-14 NONCOLLUSION AFFIDAVIT ........................................................................................................................ 10-14 DEBARMENT AND SUSPENSION CERTIFICATION ................................................................................... 11-14 NPDES/MS4 COMPLIANCE CERTIFICATION .............................................................................................. 11-14 SIGNATURE PAGE ........................................................................................................................................ 12-14 BID BOND ....................................................................................................................................................... 13-14 - TABLE OF CONTENTS I -
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PROPOSAL TO THE CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
NAME OF BIDDER Cenco-West, Inc.
BUSINESS P.O. BOX PO Box 1360 ----------------------
CITY, STATE, ZIP Manteca, CA 95336
( Please include even if P. 0. Bax used)
BUSINESS STREET ADDRESS 322 E. Wetmore Street ------------------ CITY, STATE, ZIP Manteca, CA 95337
TELEPHONE NO.: AREA CODE (
FAX NO.: AREA CODE (
) 209-239-2110
) 209-239-2384
CONTRACTOR LICENSE NO.: 353199
----------------- -- Department of Industrial Relations (DIR) Registration No.: _1_0_0_0_0_0_1 _16_8 _ ____ _ 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 JULY 2026 and are entitled:
640.33
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
CONTRACT DOCUMENTS
FOR CONSTRUCTION OF
WELL NO. 18 DEVELOPMENT
AND EQUIPMENT
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 shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount of the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the CITY of LIVINGSTONs Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise, if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.
Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.
The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the CITY of LIVINGSTON, and that discretion will be exercised in the manner deemed by the CITY of LIVINGSTON to best protect the public interest in the prompt and economical completion of the work. The decision of the CITY of LIVINGSTON respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.
If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the 2 bonds in the sums required by the State Contract Act, with surety satisfactory to the CITY of LIVINGSTON, within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the CITY of LIVINGSTON that the contract has been awarded, the CITY of LIVINGSTON may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this proposal shall operate and the same shall be the property of the CITY of LIVINGSTON.
The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal 640.33
BID 2 of 14
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is accepted, that he will contract with the CITY of LIVINGSTON, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefore the following prices, to wit:
CITY OF LIVINGSTON
DEPARTMENT OF PUBLIC WORKS
BID SCHEDULE
WELL N0.18 DEVELOPMENT AND EQUIPMENT
ITEM ESTIMATED UNIT ITEM
NO. BID ITEM DESCRIPTION QUANTITY PRICE TOTAL
BASE BID SCHEDULE
1 Mobilization, Demobilization, Bonds and
Insurance 1 LS $ \"Z.O, OOC.00 $ l Z.01000.CQ
*(Item 1 not to exceed $120,000.00) *(See Note)
2 Traffic Control Plan 1 LS $ l~, Dcx::>.OC> $ IS-1000.co **(Item 2 not to exceed $15,000.00) **(See Note)
3 38" Bore and 30" Diameter Conductor
Casing Complete, Grouted in Place 50 LF $ loYS:-00 $ 3212.S"O.OO 4 28" Diameter Bore 445 LF $ z.co.oo $ 'o9 ,oCC>.CO
5 16" Diameter Blank (Plain) Well Casing
Complete in Place with Gravel
Encasement and with Development 361 LF $ s:,o.oo $ 2..0S, "=1 -10. 00 6 16" Diameter Steel Well Screen
Complete in Place with Gravel
Encasement and with Development 129 LF $ '7:l st>. 00 $ 'tG?, TSP . 0 0 7 Installation and Removal of Test
Pumping Equipment 1 LS $ ~ ,ocx:>. QO $ 301 6CX:::,.OC
•
8 Overpumping and Testing 40 HRS $ 5'50.oo $ 2.2.,000.00 9 Construct Concrete Pedestal 1 LS $ :z.o, o co. oo $ 2..0,000, 00 10 Clearing and Grubbing 1 LS $ ':f<e, 000. 00 $ '-1(0 ,000, 00 11 Earthwork 1 LS $ 11~000.00 $ 11 0, oco.00
12 Well Pump and Motor 1 LS $ 340,000 .00 $ 3yo1oco.oo
13 Well Discharge and Site Yard Piping 1 LS $ 3~, ~6Q.CC> $ SU-2 , ~00. CO 640.33
BID 3 of 14
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14 Chemical Feed System
15 Well Building
16 Waste and Floor Drain Gravity Piping
17 Chain Link Fence and Gates
18 Electrical and Instrumentation
19 Utility Service Improvements
20 Site Surface Improvements
21 Site Access Improvements
22 Startup and Training
23 Record Drawings and O&M Manuals
ADDITIVE BID SCHEDULE A
24 Furnish and Install 12-lnch Waterline
25 Furnish and Install Blow Off
1 LS $ , tp, cc,o. oo $ :?'1,0Q0.6O
1 LS $ '-iOO, oco.co $ 4 00, 000.00 I
1 LS $ ss::; (200 r co $ ~ OOQ. 00
1 LS $ $"Si o::x,, co $ ~ ooo.oc
1 LS $ 'j 34, I C,C:,0 • 00 $ '13" 1 000. C>O
1 LS $ Yc 2.., o oo.oo $ 4 12., oco. O D
1 LS $ 92. 1CGO. CO $ :(2 I CCJ0 .60
1 LS $ l'!Sj OCC,.00 $ 13 ~ Q OO. OC>
1 LS $ 1~ 000.00 $ ISj oo0.00
1 LS $ s , oDO,CO $ 5 , 000.00
TOTAL BASE BID
662 LF
1 EA
$
l4, S?::?Q. C>O
•
TOTAL ADDITIVE BID SCHEDULE A
ADDITIVE BID SCHEDULE B
26 Emergency Generator 1 LS $ 2.2.s-, exx>. cc:> $ 2.2..s-;·0 00.00 TOTAL ADDITIVE BID SCHEDULE B $ 2.Z S'j OC::0. 00
TOTAL BID $ Lf, 11 8 I q IO . 00
NOTE: "TOTAL BID" is the sum of Total Base Bid plus Total Additive Bid A plus Total Additive Bid B. The lowest Total Bid amount will be used for considering the lowest Bidder. The City will have the option to award or not award the Contract with the Additive Bid A and/or Additive Bid B. 640.33
BID 4 of 14
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INFORMATION REQUIRED OF BIDDER
List of Subcontractors
As of March 1,2015, Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/ContractorReg istration. htm I In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms.
Percent Dept. of
Bid Item Description of Work to be Performed of Total Subcontractor's Industrial Subcontractor's Name and Address No. Contract License No. Relatlens (DIR) Re • lstratlon No.
\~ . IC\ Ll6H"1HOO$& 6L-=c. ~\CAL
~<...E:c.-r \CPrL Z.ta. loc::.ooD
l. ?.. 4. S" Q.uAL.l"'T'-C W e:u._
G,, -=l. W E:LL G\.o 'iG.85=72. 1ooooz.q A
"Ok.J Pc-DRO PUMP
2. AL,A~ou, "-E:-SAR
-r
s "'TOC/L"T~ F~
Fe::iuc.I,-...x; s
•~- z..o R..q~s~e PAVING
2-4 Ac. PAVIU 1. c to D
Mc.Pt-tee t--tASt!JNR.Y
IS- ~':JS-12. CAk.DA
640.33
BID 5-14
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INFORMATION REQUIRED OF BIDDER
List of Subcontractors
As of March 1,2015, Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/ContractorReqistration.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 $10,000 (whichever is greater). Photocopy this form for additional firms.
Percent Dept. of
Bid Item Description of Work to be Performed of Total Subcontractor's Industrial Subcontractor's Name and Address No. Contract License No. Relations (DIR) Registration No.
"-' -r I O"-JS. Ft.OOF wes,
IS" HE'TAL. R.ooF, f.Jt;. D.'=l-=l lOl.2..3~~ I • w ~'-14~ F R.6-Sr--lC> AMS HeA1I ,-.Jb
IS- HVAC. 6 . S'".<;"'"" ~(p-::J ~liq l . -. -w- 2..l~Oi S -rocx. 701--:J 1-a. IL( WM. B. SALS:H c.o.
IS- PAl ""'''~ I. l 2./4£!>10~ I OOOOC3l':l0 l=Re:S~
640.33
BID 5-14
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STATEMENT OF QUALIFICATIONS
Experience
Bidder shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
1 2 3
Well 22 GAC Well 29 TCP Well No. 42
Project Title Treatment
Public Agency City of Ceres City of Manteca City of Ceres 2220 Magnolia St. 1001 W. Center St. 2220 Magnolia St.
Address Ceres, CA 95307 Manteca, CA 95337 Ceres, CA 95307 Telephone No. 209-538-5780 209-456-8000 209-538-5780
Wing Chang Steve Walters Jason Chapman
Engineer in Charge
Provost & Pritchard Brown & Caldwell GDR Engineering
Project Value ($) $3,170,800 $3,278,000 $1,532,740
Date Accepted 11/3/2025 9/10/2025 3/8/2025
Claims Filed?
No No No
If yes explain
below:
640.33
BID 6-14
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WELL DRILLER
STATEMENT OF QUALIFICATIONS
Experience
Well Driller shall identify three (3) most recently completed projects similar to Work described in these Contract Documents.
1 2 3
rno~-es-\0 'f.t. uvo·1r 1,tVZo T-t'~ Ho ~s 'fv-t n f\J o -1s A Project Title Ntw vves-t 'J\fli\\er (,HI~ Wot-bY Oev-e b pfn-&('t ch \IV€\\ ~MOllnt-\ ..IAIJ ,I Omo .K\ 1""
CO\\\f\1\ 01 ~n\rl~\I\S / rhlmotr '!01An~ C1~ ot v\VIYl~~tvn Public Agency pt>.,r~ ~ ~vr~hoYI W//\tt¥ Dl~vt De0 . of Pvtvl1c \'VlY\~ 1J\1lo CDYVl\it cofi//1 ~ ?JI OI lA not-er {We. I fllt C Gt.
Address WrAi1S1t,O. p.a. P,,ox lv~o t1V\YJgf-1°bYl Cft l1S~ Mo e~n> Cit &t i;j3coo 1-hl~Y- CA- &t 93z_ 4
ri,o ~ • 'Q2S· IJ1 So ~ -CQ32· 7>CS22- "2,0'1 ,y;,14 ·8-ot J Telephone No. t1vY~lilt1 f-t'iYY\Z [Wt\o\ ~opf, lnl. (},(Mve,·°'
Engineer in Charge ~,neenn~ Inc.
Reverse Rotary ~ ~~s Drilling? ~-es \<l{ s
Depth of Well 4 \0 socs 355
f-e ~Y\A~ ~ \'l 1 'U1l S rh!15v1 St 1 ~, ½i ? [nOI Yvh /0, J-01., '6 Date Accepted
Claims Filed?
If yes explain f'JO f'ro NO
below:
640.33
BID 6-148
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(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder Conco-West Inc.
per attached list of subcontractors
(list Subcontractor(s) above)
hereby certifies that he
IXI has
D has not
, proposed subcontractor{s)
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 640.33
BID 7-14
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(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERT/FICA T/ONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder CONGO-WEST, INC.
LIGHT HOUSE ELECTRIC
(list Subcontractar(s) above)
hereby certifies that he
IX] has
D has not
, proposed subcontractor( s)
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 640.33
BID 7-14
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(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERT/FICA T/ONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder CONCO-WEST, INC. proposed subcontractor(s)
QUALITY WELL DRILLERS
(list Subcontractor(s) above)
hereby certifies that he
IXI has
D has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 640.33
BID 7-14
127 of 279
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder CONCO-WEST, INC.
DON PEDRO PUMP
(list Subcontractor(s) above)
hereby certifies that he
IXI has
D has not
, proposed subcontractor(s)
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 640.33
BID 7-14
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(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder CONGO-WEST, INC.
ALTAMONT REBAR
(list Subcontractor(s) above)
hereby certifies that he
IXI has
D has not
, proposed subcontractor(s)
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 640.33
BID 7-14
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(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 CONGO-WEST, INC.
STOCKTON FENCE
(list Subcontractor(s) above)
hereby certifies that he
!XI has
D has not
, proposed subcontractor(s)
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 640.33
BID 7-14
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(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder CONCO-WEST, INC.
RANSOME COMPANY
(list Subcontractor(s) above)
hereby certifies that he
IX] has
D has not
, proposed subcontractor(s)
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 640.33
BID 7-14
131 of 279
(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 CONGO-WEST, INC. proposed subcontractor(s)
McPHEE MASONRY
(list Subcontractor(s) above)
hereby certifies that he
IX! has
D has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 640.33
BID 7-14
132 of 279
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder CONGO-WEST, INC.
NATIONS ROOFING
(list Subcontractor(s) above)
hereby certifies that he
IXI has
D has not
, proposed subcontractor(s)
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 640.33
BID 7-14
133 of 279
(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 CONCO-WEST, INC. , proposed subcontractor( s)
AMS HEATING SYSTEMS
(list Subcontractor(s) above)
hereby certifies that he
IXI has
D has not
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 640.33
BID 7-14
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(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO
CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A
PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder CONGO-WEST, INC.
WM B. SALEH
(list Subcontractor(s) above)
hereby certifies that he
IXI has
D has not
proposed subcontractor(s)
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is part of the bid. Signing this bid on the signature portion thereof shall also constitute signature of these certifications. 640.33
BID 7-14
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PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder D has
IXI 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.
640.33
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
BID 8-14
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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
IXI 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 San Joaquin
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.
Conco-West, Inc.
(Name of Contractor)
By: ~ ~ ,~ dent
.£¾-Sig"''"'" of Coo.,_)
Date: August 18, 2026
640.33
BID 9-14
137 of 279
640.33
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF LIVINGSTON, DEPARTMENT OF PUBLIC WORKS
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
BID 10-14
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DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions to an additional sheet of paper and include with the bid.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
NPDES/MS4 Compliance Certification
All construction projects within the City limits must comply with the National Pollutant Discharge Elimination System {NPDES) storm water regulation adopted by the EPA, and as applicable, and the Phase II Small Municipal Separate Storm Sewer System {MS4) General Permit requirements, regardless of size.
The City is required under these permits to provide information to Contractors performing work within City limits about training opportunities to assist in managing potential pollutants from construction -related activities, selection, installation, implementation, and maintenance of Best Management Practices {BMPs), as well as overall program compliance.
The Bidder acknowledges that they are aware of the necessity to be in compliance with the NPDES and MS4 permits while working within City limits.
Note: Providing false information may result in criminal prosecution or administrative sanctions. 640.33
The above certifications are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of these Certifications. 8ID11-14
139 of 279
Accompanying this proposal is _ _____ b_id_d_e_r_s_b_o_n_d _ __________ _ (NOTICE: INSERT THE WORDS "CASH($ __ __,,• "CASHIER'S CHECK," "CERTIFIED CHECK,• OR. "BIDDER'S BOND,• AS THE CASE MAY BE.) in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE
If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.
Mike DeRousse - President & Treasurer
John Onken - Vice-President & Secretary
Licensed in conformance with an act providing for the registration of Contractors, License No. 353199 ----------- Classification(s) _ A_ &_B _______ _ Department of Industrial Relations (DIR) Registration No. _ 1_0_0_0_0_0_1_1_6_8 _______ _ 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). 640.33
Date: August 18, 2026
Mike DeRousse
President
Authorized Signature and Title of Bidder
Business Address PO Box 1360 Manteca, CA 95336
Place of Business 1360 E. Wetmore St. Manteca, CA 95337 Place of Residence Manteca, CA ---------------------
BID 12-14
140 of 279
BID BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
BIDDER (Name and Address)
CONCO-WEST, INC.
SURETY (Name, and Address of Principal Place
of Business):
P.O. Box 1360
Manteca, CA 95336
OWNER (Name and Address}:
CITY OF LIVINGSTON
1416 ·c• Street
Livingston, CA 95334
BID
Bid Due Date: August 18, 2026
Description: (Project Name and
Location) Well No.18 Development & Equipment
801 Celia Drive, Livingston, CA 95334
BOND
Bond
Number: n/a
Date: August 3, 2026
Penal
WESTERN SURETY COMPANY
151 N. Franklin Street
Chicogo, IL 60606
$ **10%**
Sum: *"TEN PERCENT (10%) OF AMOUNT BID-
(Words) (Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.
BIDDER SURETY
By:
CONCO-WEST, INC. Ffttt~:JiiJ- (Seal)
Bi~ /
WESTERN SURETY COMPANY (Seal)
Surety's Nam~ and Corporate Seal
By:
Signature re (Attach Power of Attorney)
Michael 0 . DeRousse Karen Amin
Print Name 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. 640.33
BID 13-14
141 of 279
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 __ A_u_.g'-us_t_3,'-2_02_6 _____ before me, ____ J_e_nn_it_er_L_op_e_r,_N_ota_ry_P_ub_li_c _____ _ (insert name and title of the officer)
personally appeared Karen Amin and Michael 0 . DeRousse who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) t./are subscribed to the within instrument and acknowledged to me that ~/they executed the same in ~their authorized capacity(ies), and that by ~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.
(Seal)
······ JENNIFER LOPER ··~ Notary Public • California i
S,m Jo•~in County >-
Commission # 2 5084 0 -
y Comm . Expires Jin 27, 202'
142 of 279
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Daniel M Connolly, Karen Amin, Jennifer Loper, Individually of Lodi, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By-Laws and Resolutions printed at the bottom of this page, duly adopted, as indicated, by the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 27th day of February, 2026.
State of South Dakota
County of Minnehaha } ss
WESTERN SURETY COMPANY
On this 27th day of February, 2026, before me personally came Larry Kasten, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.
My commission expires
December 4, 203 l
K. WALSH I ~ NOIARYPUBUC
SOUTH DAKOTA~
K. Walsh, Notary Public
CERTIFICATE
I, Paula Kolsrud, Assistant Secretary of WESTERN SURETY COMP ANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Laws and Resolutions of the corporation printed below this certificate are still in force. In testimony whereof! have hereunto subscribed my name and affixed the seal of the said corporation this 3n1 day of August, 2026 .
WESTERN SURETY COMPANY
~ h~
Authorizing By-Laws and Resolutions
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
Paula Kolsrud, Assistant Secretary
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western Surety Company.
This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic-formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27'11 day of April, 2022:
"RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic-formatted corporate seal, each to be considered the act and deed of the Company." Go to www.cnasurety.com >Owner/ Obligee Services> Validate Bond Coverage, if you want to verify bond authenticity.
Form F4280-6-2023
143 of 279
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. 640.33
BID 14-14
144 of 279
ADDENDUM NO. 01
Project:
Date of Addendum: August 14, 2026
Well No. 18 Development and Equipment
Owner: City of Livingston
Bid Date: August 18, 2026 at 2:00 p.m.
To:
From:
Prospective Bidders
Gouveia Engineering
456 Sixth Street
Gustine, CA 95322
1. 1bis Adden~um forms a part of the Bidding Documents and will be incorporated into the Contract Documents, as applicable. All other conditions of the Contract Documents remain unchanged. The following changes, additions, or deletions as set forth herein shall apply to the Contract Documents and shall be made a part thereof and shall be subject to all the requirements thereof as though originally shown and/or specified.
2. The Contract Documents are hereby modified to effect the following changes:
a Replace General Provisions Section 1-28 Insurance, subsection 1, paragraph 1.2 with the following:
"1.2 Limits - The Contractor shall maintain limits no less than the following:
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."
3. The Technical Specifications are hereby modified to effect the following changes:
640.33
a. Add Section 270500 Communication Structures, attached. b. Replace Section 332100 Well Drilling and Test Pumping with the attached revised Section 332100.
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ADDENDUM NO. 01
Project:
Date of Addendum: August 14, 2026
Well No. 18 Development and Equipment
Owner: City of Livingston
Bid Date: August 18, 2026 at 2:00 p.m.
To:
From:
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 Docwnents and shall be made a part thereof and shall be subject to all the requirements thereof as though originally shown and/or specified.
2. The Contract Documents are hereby modified to effect the following changes:
a. Replace General Provisions Section 1-28 Insurance, subsection 1, paragraph 1.2 with the following:
"1.2 Limits - The Contractor shall maintain limits no less than the following:
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."
3. The Technical Specifications are hereby modified to effect the following changes:
640.33
a. Add Section 270500 Communication Structures, attached. b. Replace Section 332100 Well Drilling and Test Pumping with the attached revised Section 332100.
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SECTION 270500
COMMUNICATION STRUCTURES
PART 1 - GENERAL
1.01 SCOPE OF WORK
A. Items required include but are not necessarily limited to the following:
1. Antenna Towers
2. Radio Path Study
3. Miscellaneous.
B. This section specifies requirements for the furnishing and installation of a self-supported communication tower system. The communication tower and foundation shall be provided and located as shown on Contract Drawings.
C. The System Supplier shall provide communication tower, foundation, design, anchorage, and all necessary components for the complete system installation.
D. The Contractor shall perform a detailed design to determine the proper method for physical installation, conduit routing and wiring. The Contractor shall provide a complete submittal to the Owner, certified by a State of California Licensed Engineer familiar with the local requirements.
The certification shall state the submittal conforms to all applicable codes including NFPA and UL.
E. The submitted design shall use the Contract Drawings as a basis and itemize any revisions or additional requirements of the authority having jurisdiction.
1.02 RELATED WORK
A. Section 260000
B. Section 260519
C. Section 260526
D. Section 260543
E. Section 406640
General Electrical Work
Wire and Cabling
Grounding
Underground Raceway Systems
Telemetry System
1. The CONTRACTOR'S attention is directed to the requirement for proper coordination of the WORK of this Section with the WORK of equipment Specifications, the WORK of instrumentation Sections.
1.03 REGULATORY AGENCIES AND STANDARDS
A. Regulatory Agencies: Testing shall conform to the latest provisions of the following agencies:
1. NEC (NFPA 70) National Electrical Code: 2023 Edition B. Standards: Where referenced in these specifications or on the drawings, the publications and standards of the following organizations apply:
1. Federal Communications Commission (FCC):
a. 47 CFR 15 - Radio Frequency Devices, Section 15.247 - Operation within the bands 902 - 928 MHz, 2400 - 2483.5 MHz, and 5725 - 5850 MHz.
2. International Electrotechnical Commission (IEC):
a. 61131-3 - Programmable Controllers, Part 3: Programming Languages.
3. Institute of Electrical and Electronics Engineers, Inc. (IEEE):
a. 802.3, Information Processing Systems - Local Area Networks - Part 3: Carrier Sense Multiple Access with Collision Detection (CSMA/CD) Access Method and Physical Layer Specifications.
COMMUNICATION STRUCTURES (270500) 270500-1
147 of 279
► Signal strength and coverage maps
► Interference analysis and mitigation strategies
► Recommended antenna heights, gains, and orientations
► Equipment specifications and installation guidelines
b. Submit qualifications of personnel performing the study. c. Submit software tools and methodologies used for modeling and analysis.
B. Contract Closeout Information:
1. Operation and Maintenance Data:
a. See Section 260000 for requirements for mechanics, administration, and the content of Operation and Maintenance Manual submittals.
C. Calculations
1. Tower Design:
a. Provide tower design calculations detailing tower design, stamped by a Registered Professional Civil or/and Structural Engineer, appropriate registration as required by applicable state law, with valid registration in the State of California.
2. Foundation Design:
a. Provide Foundation calculations detailing foundation design, stamped by a Registered Professional Civil or/and Structural Engineer, appropriate registration as required by applicable state law, with valid registration in the State of California.
3. Radio Study and Radio Design:
a. Provide complete Radio Path Study calculations detailing foundation radio type, equipment, and path, stamped by a Registered Professional Engineer, appropriate registration as required by applicable state law, with valid registration in the State of California.
D. Certificate
1. Submit certification of supplier qualifications as detailed below.
2. Submit certification of installed qualifications as detailed below.
E. Field Quality Control
1. Items listed under Part 3, 3.2 of this specification section.
F. Installation Instructions/ Test Procedures
1. Submit complete assembly drawings including antenna mounting. Include complete information necessary for the erection of the antenna supporting structures, including identification, description, location and orientation of every piece and subassembly; sequence to be used in erecting the structure; and require limits on plumbness of the structure.
G. Radio Path Study
1. Study shall be performed by licensed professional engineer with a minimum of 5-years' experience in wireless system designs.
2. All modeling shall be performed using industry-standard software.
3. Field verification shall be conducted to validate modeling assumptions.
PART 2 - PRODUCTS
2.01 MANUFACTURERS
A. Subject to compliance with the Contract Documents, the manufacturers listed in the applicable Articles below are acceptable but not required.
COMMUNICATION STRUCTURES (270500) 270500-3
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2.03 ACESSORIES
A. Provide all accessories required to furnish a complete telemetry system to accomplish the requirements of the Drawings and Specifications.
2.04 SOURCE QUALITY CONTROL
A. Provide a performance test after factory completion and prior to shipment.
2.05 MAINTENANCE MATERIALS
A. Furnishing Owner with the maintenance materials as recommended by system supplier.
PART 3 - EXECUTION
3.01 INSTALLATION
A. Install telemetry system as shown on Drawings in accordance with manufacturer's written instruction.
B. Provide documentation verifying the data communication rate (actual throughput), signal strength and signal quality for each radio.
3.02 SITE SURVEY
A. Conduct physical or virtual site surveys to gather topographic, structural, and environmental data for the following stations:
1. City of Livingston - Well 18 Pump Station
2. City of Livingston - Corp Yard
B. Identify potential obstructions such as building, vegetations, and terrain features.
3.03 PATH ANALYSIS
A. Evaluate each proposed radio path for:
1. Line-of-sight viability
2. Zone Clearance
3. Signal attenuation due to terrain
4. Interference from existing RF sources
B. Provide recommendations for alternative paths or mitigation strategies where necessary.
C. Provide detailed recommendations for:
1. Antenna placement and orientation.
2. Required tower heights or mounting structures.
3. Equipment specifications (transmission power, receiver, sensitivity) D. Include bill of material and installation guidelines.
E. Provide final reports detailing all recommendations, observations, mapping, and diagrams.
3.04 FIELD QUALITY CONTROL
A. Conduct startup of equipment and perform operational checks.
B. Maintain and submit an accurate daily or weekly log of all commissioning and startup functions.
1. All commissioning/startup functions may be witnessed by the Engineer.
2. All reports shall be signed and dated by the Contractor.
C. Provide Owner with a written statement that equipment has been installed properly, started up, and is ready for operation by Owner's personnel.
END OF SECTION
COMMUNICATION STRUCTURES (270500) 270500-5
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water can be discharged to the canal during MID's irrigation between March and October, or after heavy storm events as determined by MID.
3. Procedure - Work on the well shall proceed in the following order:
a. Drill 38-inch bore
b. Place and grout 30-inch conductor casing.
c. Ream 28-inch bore.
d. Set 16-inch well casing.
e. Gravel pack well.
f. Place cement seal from top of gravel pack to bottom of conductor casing. g. Develop and test well.
h. Disinfect well.
4. Cleaning and Disinfecting of Equipment - Prior to commencement of drilling, development or pumping operations, all equipment shall be washed down to remove debris from previous operations and disinfected to prevent contamination of the well with iron bacteria.
5. Drilling Hole - The Contractor shall drill 38-inch and 28-inch bore holes to the depths as shown on the Drawings. All drilling will be done with a drill suitable for all conditions or formations encountered. The American Water Works Association "Standard Specifications of Deep Wells" AWWA A 100, shall govern in all conditions not specifically covered by these Specifications.
The 38-inch bore shall be drilled to a depth of approximately 50 feet to provide for installation of conductor casing. After the conductor casing has been installed and grouted, drilling of the well shall continue with a 28-inch diameter bit from the bottom of the conductor casing to approximately 495 feet below the ground surface.
The depth of the 38-inch bore as specified will be measured by the linear foot from the surface of the original ground to the bottom of the 38-inch bore.
The depth of the 28-inch bore will be measured by the linear foot from the bottom of the 38-inch bore to the bottom of the 28-inch bore and will be the number of linear feet drilled in accordance with these Specifications.
6. Well Log - A test hole has been drilled and abandoned at the well location. The Contractor shall prepare his own drillers log for the well and submit a Water Well Drillers Report to the Department of Water Resources as required by Sections 13750 through 13755 of the California Water Code; to the City of Livingston, Public Works Department; and to the Division of Drinking Water, Merced District. The log shall be available to the Engineer at all times during drilling operations.
7. Well Casing/Conductor Casing - Well casing shall be High Strength Low Alloy Steel and manufactured in accordance with the latest edition of ASTM A 139. The steel from which the well casing is manufactured shall conform to ASTM A 606 Type 4. All shop joints shall be butt welded from the exterior against backing mandrels with either single or twin arc electrodes. Each seam shall be welded by an approved, shielded arc process which protects the weld metal from the atmosphere while cooling and assures complete penetration. The manufactured casings shall have no more than one circumferential seam in six feet. The steel casings shall be fabricated in not less than 20-foot sections with ends prepared with 6-inch collars for field welding. The thickness of well casings and collars shall be 0.312 inch. NSF 61 Certification shall be provided.
WELL DRILLING AND TEST PUMPING (332100) 332100-2
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pipe. Should the dummy fail to move freely throughout the length of the 16-inch casing, or should the well vary from the vertical in excess of six inches per 100 feet, it shall be corrected by the Contractor at his expense and, should he fail to correct such faulty alignment or plumbness, the Engineer may refuse to accept the well. Test for plumbness and alignment shall be made after completion in accordance with these Specifications.
The Contractor shall also prepare and submit a well deviation log in accordance with AWWA A 100 to demonstrate the inclination and azimuth of the well as a function depth by a firm retained by the Contractor and approved by the Owner.
8. Well Screens - Prefabricated well screens shall be placed at the locations shown on the Drawings.
Each section shall be manufactured with welding rings at each end. The screen shall be of the shutter screen type, 16-inch inside diameter, wall thickness of 0.312 inch, and fabricated from 304 stainless steel, Ful-Flo as manufactured by Roscoe Moss Company, or approved equivalent.
Screen openings shall be machine made, horizontal to the axis of the casing and of a louver form with the aperture facing downward. The size of the slot opening shall be as shown on the Drawings.
NSF 61 Certification shall be provided.
Well screens as herein provided will be measured by the linear foot installed and will be the number of linear feet of 16-inch well screen installed as measured between weld joints to the 16-inch casing.
Well screens shall be furnished with casing guides equally spaced around and welded to the outside of the casing near the ends and at 30-foot centers for centering the casings in the bore.
9. Grouting and Gravel Packing - Cement grout seal shall be provided and placed in the annular space between the 30-inch diameter conductor casing and the 38-inch bore. The grout seal between the 38-inch bore and the 30-inch conductor casing shall be carefully placed from the bottom to the top and shall form a continuous seal extending from the bottom of the conductor casing to the ground surface of the well. Following placement of the gravel pack, cement grout seal shall be provided and placed in the annular space between the 16-inch diameter well casing and the 28-inch bore.
The grout seal between the 28-inch bore and the 16-inch well casing shall be carefully placed from the top of the gravel pack to the bottom of the conductor casing and shall form a continuous seal extending from top of the gravel pack to the ground surface of the well. The well casing shall be maintained full of water during placement of the grout seal.
Grout shall be composed of a maximum of 2 parts sand and 1 part Portland cement (Type II) and shall be mixed with water in proportions directed by the Engineer but not to exceed 6 gallons of water per sack of cement. The mixer and method shall be approved by the Engineer. The Contractor shall obtain written approval by the Engineer of the proposed method of placing prior to proceeding with placing of the grout. No method will be approved that does not require the forcing of grout from the bottom to the top of the space to be grouted. Suitable grout retainer, packer, or plugs shall be installed at the bottom of the conductor casing, and between the gravel pack and cement seal. The grouting operation shall be performed continuously and in such a manner as to fill completely in one operation when grouting the conductor casing and one operation when grouting the well casing, the annular space between the bore and the conductor casing and well casing. The use of neat cement grout will be permitted.
No reaming operations or other associated work on the well will be permitted for a period of 24 hours after the grouting operations have been completed.
The gravel to be installed shall be composed of sound, durable, well rounded particles, containing no silt, clay, organic matter or deleterious materials. It shall be thoroughly washed to remove all silt and organic matter. Under no circumstances shall crushed rock be installed in the well. The gravel pack shall have a gradation of 4x16 and be NSF certified.
WELL DRILLING AND TEST PUMPING (332100) 332100-4
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American Water Works Association, Vol. 46, No. 2, February 1954, provided by the Contractor.
c. Specific capacity shall have reached a constant value; i.e. there shall be no increase in specific capacity during at least 24 hours of pumping and surging.
The Contractor shall provide, at his expense, means of measuring gravel level and means of water sampling so that the Engineer can be continuously informed on the progress of development.
Following completion of the overpumping operations to the satisfaction of the Engineer, the Contractor shall perform a complete pumping test of the well. The test pumping equipment and flow and drawdown measurement devices shall be as specified for overpumping and shall be furnished, installed, and operated by the Contractor.
Pumping tests shall be at such rates and for such lengths of time as required to establish stable water levels which will define the drawdown curve with four well-spaced points, in addition to the static condition, ranging up to a maximum, as established by the Engineer, not to exceed 3000 gpm. Data on recovery of the aquifer upon pump shutoff shall also be collected.
The Contractor shall, upon completion of testing, deliver a certified copy of the overpumping and test records to the Engineer. At the completion of test pumping, all sand and debris shall be removed from the bottom of the well.
The Contractor shall overpump and test the well for a period of approximately 40 hours.
The time required for overpumping and testing will be recorded by the hour with ¼ hour intervals as the smallest unit of time credited to the Contractor.
Fractions of an hour less than ¼ hour will be considered to be ¼ hours. The overpumping and testing time will start when pumping starts and will end when pumping is stopped as directed by the Engineer. No time will be recorded for delays or equipment breakdown. 11 . Acceptance of \Nell Water Quality Testing for Well - Prior to completing the test pumping of the well, the Engineer shall collect samples of the water. The samples shall be taken at approximately the end of the test pumping procedure. After receipt of the results of the pumping test and analysis of the water samples, the Engineer will determine tho acceptability of the well. (Laboratory testing costs associated with the samples will be paid for by the Owner), U tho Engineer determines that U:le-well is acceptable, the Engineer shall so designate in writing to the Contractor. If It Is deterA'lined that the well is not acceptable, it A'lay be abandoned in accordance with Merced County Di>;ision of Drinking 1/Vater reEJuirements after issuance of a Change Order. if the City determines the well to be unusable due poor water quality, the Contractor shall be paid for all work completed in accordance with the Plans and Specifications and the well may be abandoned in accordance with the City's water well abandonment requirements after issuance of a Change Order.
12. Capping Well - Except when drilling is in progress, the top of the well shall be kept securely capped, both night and day, in such a manner as to effectively prevent either tampering with the well or entrance of foreign matter.
Upon completion of the well, the top of the well casing shall be temporarily capped by means of a cap or steel plate of proper size securely fastened or spot-welded in place. The cap or plate shall effectively seal the well casing.
13. Cleaning and Disinfecting of the Well - After the well has been completely constructed and developed, it shall be thoroughly cleaned of all foreign substances, including tools, timbers, rope, debris of any kind, cement, oil, grease, joint dope and scum.
The well shall be disinfected in accordance with AWWA Standard A 100 using a chlorine solution of not less than 100 ppm and volume not less than twice the calculated volume of the well. The WELL DRILLING AND TEST PUMPING (332100) 332100-6
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including gravel chute, casing vent, sounding sleeve, well cap and all other work and material associated with construction of the pedestal.
END OF SECTION
WELL DRILLING AND TEST PUMPING (332100) 332100-8
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4. A match of the two calculated values indicates a high probability that the message was received correctly.
5. Omnidirectional Antenna: An antenna that radiates maximum power uniformly 360 DEG in the horizontal plane.
D. RTU (Remote Terminal Unit):
1. A remotely located device that collects data, codes the data into a format that is transmittable and transmits the data back to a central Supervisory Control and Data Acquisition (SCADA) system.
2. The RTU also receives communication from the SCADA system and implements processes as directed.
E. Spread Spectrum:
1. Communications technique whereby a radio frequency signal is spread (modulated) in order to generate an expanded bandwidth signal.
2. Frequency Hopping Spread Spectrum: Communications technique where the frequency of the radio signal repeatedly "hops" from one Frequency to another in accordance with a random but predictable sequence.
3. Direct Sequence Spread Spectrum: Communications technique whereby the stream of information (data signal) is combined with a higher data-rate bit sequence, or chipping code, that divides the user data according to a spreading ratio.
F. Yagi Antenna:
1. A uni-directional radio antenna, consisting of a driven element, a reflector, and one or more directors.
2. The antenna is primarily used for frequencies above 10 MHz and are used only in point-topoint applications.
1.04 SUBMITTAL$
A. The PLC submittal shall be provided in accordance with the requirements specified in Section 17010 - Process Control and Instrumentation System.
1.05 CLOSEOUT SUBMITTALS
A. Software: The CONTRACTOR shall provide and register the OWNER with all user software and hardware licenses. Additional contract, agreements and licenses requirements shall be in accordance with Section 17010 - Process Control and Instrumentation System.
1.06 SPARE PARTS
A. Spare Parts:
1. It is intended that sufficient spare parts and supplies necessary to support the operation and maintain the system shall be furnished with the system. System spare parts shall be furnished in accordance with Section 409100 - Process Control and Instrumentation System.
2. As a minimum, the spare parts listed below are required to be furnished under this contract a. One (1) Radio
b. One (1) Directional antenna
1.07 WARRANTY
A. The CONTRACTOR shall guarantee the performance of all the new telemetry system installations as specified elsewhere in the Contract Documents.
B. All parts, material labor, travel, subsistence, or other expenses incurred in providing services and service visits during the warranty period shall be borne by the CONTRACTOR under the guarantee. Equipment, software, and materials that do not achieve their intended purpose shall be replaced by the CONTRACTOR to attain compliance, at no additional cost to the OWNER.
TELEMETRY SYSTEM (406640) 406640-2
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PART 3 - EXECUTION
3.01 EXISTING SYSTEM COORDINATION
A. The CONTRACTOR shall install new antennas at the existing Public Works Antenna Tower with minimum separation required by RADIO PATH STUDY to limit cross interference between existing and new communications.
3.02 FIELD QUALITY CONTROL
A. The CONTRACTOR shall provide the OWNER with training on the subjects of use, maintenance, operation, troubleshooting and repair of all the components of the network rack and the rest of the PBCS hardware. The training shall be specifically tailored to this project and reflect the hardware and the installation. All training shall be conducted on site unless another location is approved by the ENGINEER and OWNER. Hardware training subjects and the allocated hours for each class shall be in accordance with Section 409100 - Instrumentation and Controls for Process Systems.
END OF SECTION
TELEMETRY SYSTEM (406640) 406640-4
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INSTALL PULL ROPE AND SEAL CONDUITS.
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WELL NO.18 DEVELOPMENT AND EQUIPMENT
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Summary of questions and responses prior to bid opening.
Responses are shown italicized and bold.
We are in need of additional information regarding the Chemical Storage Tanks. We need Duties, Nozzles, and Fittings. -Please bid per plans and specs.
Section 5.l(d) requires the Contractor to maintain Builder's Risk (Course of Construction) insurance on an "All Risk" (Special Perils) form, including at (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." The clause specifies that the policy carry "no coinsurance penalty provisions or provisional limit provisions" but does not address the deductible. Please confirm whether the City sets a maximum acceptable deductible on the Builder's Risk policy -The City does not have a maximum acceptable deductible on the Builder's Risk-, and please confirm that the Contractor bears the deductible on a theft or vandalism loss to equipment stored at the site prior to acceptance - Yes. I would also note that the insurance provisions later in the Contract Documents list only Commercial General Liability (Occurrence Form CG 0001) and Automobile Liability (Form CA 0001 ), and it would help to confirm that Section 5 .1 governs. -This has been reconciled in Addendum No. 1.
Bid Item No. 17 is a lump sum item "for furnishing and installing the perimeter fencing including rolling gates, swing gates, concrete, perimeter curbing, and all other work required for a complete in place perimeter fence," and Section 323111 provides that the Contractor furnishes "posts and braces, fabric, gates, barbed wire, privacy slats, accessories" for that fence. The perimeter fence is therefore part of the Work rather than an existing condition, while the scope includes a vertical turbine pump and electric motor, a CMU well building with chemical feed and electrical equipment, and an emergency generator, at Lucero Park, 801 Celia Drive, over a 300 working day contract. Please confirm the Owner's expectation for protection of delivered equipment and materials during the period before the Item No. 17 perimeter fence is complete, and please confirm whether the Owner expects or would permit that fence to be installed early in the sequence for that purpose. - The Contractor will be responsible for ensuring that equipment, materials, and job site is secure and therefore the contractor will need to determine the expectations of facilities that are required for temporary protection of the site. It will be up to the contractor to determine at which point the permanent fence can be constructed during the course of the project and utilized for securing the site.
Bid Item No. 1 is a lump sum item covering "preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for obtaining bonds, insurance, and permits," and General Provisions Section 1- 14, Protection of Work, Property and Persons, requires the Contractor to provide the necessary protection to prevent damage, injury, or loss to the Work and to all materials and equipment to be incorporated therein, "whether in storage on or off the Site." No bid item is identified for that protection. Please confirm whether the cost of protecting the Work and stored equipment during hours when work is not in progress is intended to be carried in Bid Item No. I or distributed across the other items, or whether the City would consider a separate bid item or additive alternate for site protection over the contract period. - The work can be grouped in bid item 1 or distributed throughout other bid items as the contractor deems applicable. 640.33
159 of 279
Summary of questions and responses prior to bid opening.
Please clarify the following:
1. Test Pumping Discharge
• Please identify the approved location for discharge of the overpumping and test-pumping water. - Over pumping and test pumping water can be discharge to the MID open channel canal, refer to plans and specifications.
• Please identify any discharge restrictions, permits, or temporary facilities required for disposal of the pumping water. -Please refer to plans and specifications. MID will only allow clean water to be discharged into the canal and only outside of the irrigation season as noted on the plans and specifications. Contractors will need to determine if any and what temporary facilities will be required to ensure that only clean water is discharged to the canal. No additional payment will be made for complying with MID requirements and temporary facilities required to comply with MID requirements.
2. Water Supply for Gravel Envelope
• Please clarify whether the Owner will provide a continuous water source (hydrant or other approved connection) at or near the project site for maintaining the gravel envelope during pumping and surging. - The City identified a 2" service near the project site (adjacent to the Lucero Park storm drain pump station) that can be utilized during construction. The contractor will need to furnish and install temporary piping and appurtenances as needed.
• If an Owner-provided water source is not available, please clarify whether the Contractor may use clarified discharge water from the pumping operation for this purpose, or if a separate freshwater source is required. - Refer to response above. • If a separate freshwater source is required, please specify the minimum water quality requirements. - Refer to response above.
Per specification 432154 Vertical Turbine Pump and Motors 2.08 Column Pipe. The specification is requiring 12" diameter column pipe with flange registers on each of the column pipe. However, 12" Flanged registered column pipe has a flange O.D. of 16-5/8". Given that the proposed ID of the new well is only 16" please specify the appropriate size and style of column pipe to best fit into a 16" well. - Please bid per plans and specifications.
For the Grundfos chemical feed skid specified in section 444418, we have the following questions pertaining to it:
•
•
•
640.33
The specs mention a simplex (single pump) system, but the drawings show a duplex (two pumps) system. Please confirm you want the duplex (two pump) system. -A duplex (two pump) system is required.
The specs reference the Grundfos pump model DDA 12-10 FCM, but this pump has a max capacity of 3.14 GPH and cannot meet the maximum 3.5 GPH flow rate specified. We would need to jump up to the next pump model DDA 60-10 FCM in order to meet the 3.5 GPM max flow rate specified. Please advise what pump model you would like us to quote. - Please bid for the DDA 12-10 FCM. The max capacity of 3.14 GPM is sufficient.
Please confirm you want the control panel included in our scope as P&ID I-004 appears to show the control panel as part of the packaged skid system. -The proposed chemical pumps are provided with integrated HMI and controls switches/buttons. No additional or external control panel is required to be provided.
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Depth from Surface
(Feet to Feet)
0 53 Sand
53 71 Sand & Brown Clay
71 104 Brown Clay
104 112 Brown Clay & Sand
112 147 Rne Sand
147 167 Blue Clay & Sand
167 173 Sand
173 175 Blue Clay
175 178 Brown Clay
178 215 Sand
215 235 Sand/Brown Clay
235 268 Sand
268 295 Blue Clay
295 314 Fine Sand
314 333 Course Sand
333 375 Sand/Gray Clay
375 382 Brown Clay
382 386 Grey Clay & Sand
386 415 Grey Clay
415 442 Sand
442 486 Gravel
486 500 Grey Clay
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PART 1 - GENERAL
1.01 SCOPE OF WORK
SECTION 270500
COMMUNICATION STRUCTURES
A. Items required include but are not necessarily limited to the following:
1. Antenna Towers
2. Radio Path Study
3. Miscellaneous.
B. This section specifies requirements for the furnishing and installation of a self-supported communication tower system. The communication tower and foundation shall be provided and located as shown on Contract Drawings.
C. The System Supplier shall provide communication tower, foundation, design, anchorage, and all necessary components for the complete system installation.
D. The Contractor shall perform a detailed design to determine the proper method for physical installation, conduit routing and wiring. The Contractor shall provide a complete submittal to the Owner, certified by a State of California Licensed Engineer familiar with the local requirements.
The certification shall state the submittal conforms to all applicable codes including NFPA and UL.
E. The submitted design shall use the Contract Drawings as a basis and itemize any revisions or additional requirements of the authority having jurisdiction.
1.02 RELATED WORK
A. Section 260000
B. Section 260519
C. Section 260526
D. Section 260543
E. Section 406640
General Electrical Work
Wire and Cabling
Grounding
Underground Raceway Systems
Telemetry System
1. The CONTRACTOR'S attention is directed to the requirement for proper coordination of the WORK of this Section with the WORK of equipment Specifications, the WORK of instrumentation Sections.
1.03 REGULATORY AGENCIES AND STANDARDS
A. Regulatory Agencies: Testing shall conform to the latest provisions of the following agencies:
1. NEC (NFPA 70) National Electrical Code: 2023 Edition B. Standards: Where referenced in these specifications or on the drawings, the publications and standards of the following organizations apply:
1. Federal Communications Commission (FCC):
a. 47 CFR 15 - Radio Frequency Devices, Section 15.247 - Operation within the bands 902 - 928 MHz, 2400 - 2483.5 MHz, and 5725 - 5850 MHz.
2. International Electrotechnical Commission (IEC):
a. 61131-3 - Programmable Controllers, Part 3: Programming Languages.
3. Institute of Electrical and Electronics Engineers, Inc. (IEEE):
a. 802.3, Information Processing Systems - Local Area Networks - Part 3: Carrier Sense Multiple Access with Collision Detection (CSMA/CD) Access Method and Physical Layer Specifications.
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4. Telecommunications Industry Association/Electronic Industries Alliance/American National Standards Institute (TIA/EIA/ANSI):
a. 222-H, Structural Standards for Steel Antenna Towers and Antenna Supporting Structures.
5. Underwriters Laboratories, Inc. (UL):
a. 508A, Standard for Safety Industrial Control Panels.
6. Qualifications.
a. Radio Study/Survey Staff or Subcontractor:
► Has satisfactorily provided a radio study/survey report for a minimum of ten projects of similar magnitude and function.
1.04 TESTING ORGANIZATION QUALIFICATIONS
A. Testing organization shall be corporately and financially independent of the supplier, producer and installer of the equipment.
B. Testing organization shall meet Federal OSHA criteria for accreditation of testing laboratories, Title 29, Part 1907, 1910 and 1936. Membership in the National Electrical Testing Association constitutes proof of meeting such criteria.
C. Testing organization shall provide all materials, equipment, labor and technical supervision to perform inspections and tests.
1.05 SAFETY AND PRECAUTIONS
A. Safety practices shall include, but are not limited to, the following requirements:
1. Occupational Safety and Health Act.
2. Accident Prevention Manual for Industrial Operations, National Safety Council.
3. Applicable state and local safety operating procedures.
4. Owner's safety practices.
5. National Fire Protection Association - NFPA ?OE
6. American National Standards for Personnel Protection B. All tests shall be performed with apparatus de-energized. Exceptions must be thoroughly reviewed to identify safety hazards and devise adequate safeguards.
C. The testing firm shall have a designated safety representative on the project to supervise the testing operations with respect to safety.
1.06 SUBMITTALS
A. Shop Drawings:
1. Product technical data:
a. Manufacturer's installation instructions.
b. Submit shop drawings in accordance with Section 260000. c. Submit material list including manufacturer, complete part number and quantities. d. Submit shop drawings and catalog cut sheets for tower, dimensions, panels, and any miscellaneous devices.
2. Radio Path Study
a. Submit a detailed Study Report including
► Site coordinates and elevations
► Terrain profiles and line-of-sight analysis
► Zone clearance diagram
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► Signal strength and coverage maps
► Interference analysis and mitigation strategies
► Recommended antenna heights, gains, and orientations
► Equipment specifications and installation guidelines
b. Submit qualifications of personnel performing the study. c. Submit software tools and methodologies used for modeling and analysis.
B. Contract Closeout Information:
1. Operation and Maintenance Data:
a. See Section 260000 for requirements for mechanics, administration, and the content of Operation and Maintenance Manual submittals.
C. Calculations
1. Tower Design:
a. Provide tower design calculations detailing tower design, stamped by a Registered Professional Civil or/and Structural Engineer, appropriate registration as required by applicable state law, with valid registration in the State of California.
2. Foundation Design:
a. Provide Foundation calculations detailing foundation design, stamped by a Registered Professional Civil or/and Structural Engineer, appropriate registration as required by applicable state law, with valid registration in the State of California.
3. Radio Study and Radio Design:
a. Provide complete Radio Path Study calculations detailing foundation radio type, equipment, and path, stamped by a Registered Professional Engineer, appropriate registration as required by applicable state law, with valid registration in the State of California.
D. Certificate
1. Submit certification of supplier qualifications as detailed below.
2. Submit certification of installed qualifications as detailed below.
E. Field Quality Control
1. Items listed under Part 3, 3.2 of this specification section.
F. Installation Instructions/ Test Procedures
1. Submit complete assembly drawings including antenna mounting. Include complete information necessary for the erection of the antenna supporting structures, including identification, description, location and orientation of every piece and subassembly; sequence to be used in erecting the structure; and require limits on plumbness of the structure.
G. Radio Path Study
1. Study shall be performed by licensed professional engineer with a minimum of 5-years' experience in wireless system designs.
2. All modeling shall be performed using industry-standard software.
3. Field verification shall be conducted to validate modeling assumptions.
PART 2 - PRODUCTS
2.01 MANUFACTURERS
A. Subject to compliance with the Contract Documents, the manufacturers listed in the applicable Articles below are acceptable but not required.
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1. Rohn Self-Supporting Tower or approved equal.
2.02 SELF-SUPPORTED TOWERS
A. Design and Fabrication:
1. All steel antenna towers and supporting structures shall be in accordance with TIA/EIA/ANSI 222-G.
2. Type:
a. 45G Self-Supporting Triangular Steel Lattice Tower, 1 00MPH minimum wind loading.
3. Lightning protected: Mast or tower directly connected to ground.
4. Provide antenna surge suppressor and connect to coaxial cable in cabinet housing radio, per manufacturer recommendations.
5. Materials:
a. Type: Hot dipped galvanized, per ASTM A 123/123M, internal and external, after fabrication.
b. Coating Process:
► General: Prepare galvanized zinc surface in accordance with ASTM D 6386. ► Pre-treatment: Pre-treat galvanized zinc surface with an acidic zinc phosphate solution
6. Retain services of a licensed Professional Engineer in the State of California to design radio tower structural members and foundation.
7. Tower design shall address:
a. Geotechnical conditions. Procure the services of a geotechnical engineer if necessary. b. Site conditions.
c. Dynamic loading, including wind loads.
d. Dead loading.
e. Ancillary loads from equipment on tower.
8. Tower shall be self-supporting without guide wires.
9. Height of the tower shall be as required based on results of radio-pathway survey.
Contractor shall submit results of the radio path study to the Engineer and Owner for approval of tower height. Minimum tower height shall be as listed in the schedule provided herein. If a modification to the listed tower height is deemed necessary, the Contractor shall submit for approval to the Engineer and Owner before procurement and installation.
10. Steel towers shall be galvanized to prevent rust and corrosion. 11 . Provide foundation(s) adequate for the tower(s) and/or mast(s) including any specified future expansion.
12. Provide all masts, supports, lightning suppressors, and other apparatus required to make a complete and operable radio telemetry system.
13. Schedule:
APPLICATION ANTENNA TOWER/MAST ANTENNA ANTENNA ANTENNA MATERIAL
HEIGHT (FT TYPE TYPE GAIN
ABOVE
GRADE)
WELL 18 40FT LATTICE 900Mhz Yagi - -
TOWER
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2.03 ACESSORIES
A. Provide all accessories required to furnish a complete telemetry system to accomplish the requirements of the Drawings and Specifications.
2.04 SOURCE QUALITY CONTROL
A. Provide a performance test after factory completion and prior to shipment.
2.05 MAINTENANCE MATERIALS
A. Furnishing Owner with the maintenance materials as recommended by system supplier.
PART 3 - EXECUTION
3.01 INSTALLATION
A. Install telemetry system as shown on Drawings in accordance with manufacturer's written instruction.
B. Provide documentation verifying the data communication rate (actual throughput), signal strength and signal quality for each radio.
3.02 SITE SURVEY
A. Conduct physical or virtual site surveys to gather topographic, structural, and environmental data for the following stations:
1. City of Livingston - Well 18 Pump Station
2. City of Livingston - Corp Yard
B. Identify potential obstructions such as building, vegetations, and terrain features.
3.03 PATH ANALYSIS
A. Evaluate each proposed radio path for:
1. Line-of-sight viability
2. Zone Clearance
3. Signal attenuation due to terrain
4. Interference from existing RF sources
B. Provide recommendations for alternative paths or mitigation strategies where necessary.
C. Provide detailed recommendations for:
1. Antenna placement and orientation.
2. Required tower heights or mounting structures.
3. Equipment specifications (transmission power, receiver, sensitivity) D. Include bill of material and installation guidelines.
E. Provide final reports detailing all recommendations, observations, mapping, and diagrams.
3.04 FIELD QUALITY CONTROL
A. Conduct startup of equipment and perform operational checks.
B. Maintain and submit an accurate daily or weekly log of all commissioning and startup functions.
1. All commissioning/startup functions may be witnessed by the Engineer.
2. All reports shall be signed and dated by the Contractor.
C. Provide Owner with a written statement that equipment has been installed properly, started up, and is ready for operation by Owner's personnel.
END OF SECTION
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