PUBLIC NOTICE NOTICE BY THE CITY OF LIVINGSTON CITY COUNCIL OF ITS ADOPTION OF ORDINANCE NOTICE IS HEREBY GIVEN that on January 6, 2026, at 7:00 p.m., or as soon after the City Council of the City of Livingston adopted an Ordinance, entitled: ORDINANCE OF THE LIVINGSTON CITY COUNCIL ADDING A NEW CHAPTER 1-21 TO THE LIVINGSTON MUNICIPAL CODE TO IMPLEMENT THE CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT WHEREAS, the California Uniform Public Construction Cost Accounting Act ("UPCCAA"; Public Contract Code §§ 22000 et seq.) establishes uniform procedures for public project bidding and delivery, intended to maximize efficiency and cost savings for local agencies; and WHEREAS, the City Council finds that the adoption and implementation of UPCCAA procedures will allow the City to more efficiently perform public works and maintenance projects, minimize unnecessary delays, and better safeguard the City's infrastructure; and WHEREAS, streamlined local procedures in accordance with UPCCAA are necessary to meet the City's ongoing and urgent needs for repair, maintenance, and construction of public facilities and services; and WHEREAS, the City Council desires to adopt new Livingston Municipal Code ("LMC") Chapter 1-21 to establish UPCCAA procedures in compliance with state law. THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES ORDAIN AS FOLLOWS: Section 1. Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance by reference. Section 2. Amendment. A new Chapter 1-21 is added to the LMC to read as follows: "Chapter 21: Public Works Contracting Procedures under the Uniform Public Construction Cost Accounting Act 1-21-1 ADOPTION AND PURPOSE. This chapter adopts and implements the California Uniform Public Construction Cost Accounting Act ("UPCCAA"; Public Contract Code §§ 22000 et seq.), as amended from time to time. The City elects to become subject to and utilize the uniform construction cost accounting procedures for all public projects and, to the extent authorized by UPCCAA, for maintenance work. 1-21-2 DEFINITIONS. The definitions contained in Public Contract Code § 22002 and those promulgated by the California Uniform Construction Cost Accounting Commission will apply to this chapter. 1-21-3 AUTHORITY AND RESPONSIBILITIES. The City Manager, or designee, will administer all bidding and contract award procedures under this chapter, consistent with UPCCAA. All bidding, contract award, and accounting must comply with UPCCAA, the California Uniform Construction Cost Accounting Commission's Cost Accounting policies and procedures manual, and all applicable City regulations. 1-21-4 PROJECT DELIVERY METHODS, FORCE ACCOUNT LIMITS, AND BIDDING THRESHOLDS. No competitive bidding required. Unless limited by City Council resolution, public projects of up to the maximum threshold set by Public Contract Code § 22032(a), as amended, may be performed by city employees by force account, or by negotiated contract or purchase order, without competitive bidding. Informal bidding. Public projects exceeding the threshold in Public Contract Code § 22032(a), but not exceeding the limit in Public Contract Code § 22032(b), may be let to contract by informal bidding as provided in Public Contract Code § 22034 et seq. A notice inviting informal bids must be circulated using one or both of the following alternatives: Notices inviting informal bids may be mailed, faxes, or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Public Contract Code § 22034(a). Notices inviting informal bids may be mailed to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids, provided, however: f the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. Formal bidding. Public projects exceeding the limit in Public Contract Code § 22032(b) must be awarded using formal bidding procedures as specified in Public Contract Code § 22032(c), with public notice and sealed bids, consistent with UPCCAA and this chapter. 1-21-5 CHANGE ORDERS. The City Council may delegate authority for approval of contract change orders by resolution, minute order adopted at a regular meeting, or as provided in the contract approved by the Council. Any change order exceeding such authorization limits must be approved by the City Council by resolution, minute order, or as otherwise provided by applicable City regulations. 1-21-6 AWARD AND REJECTION OF BIDS (INFORMAL AND FORMAL BIDDING ONLY). For projects subject to the informal or formal bidding requirements of Public Contract Code §§ 22032(b) and 22032(c), contracts must be awarded to the lowest responsive, responsible bidder pursuant to UPCCAA procedures. The City Manager or designee may reject any or all bids and waive minor irregularities or informalities, in accordance with law. 1-21-7 CONTRACTOR DISQUALIFICATION AND SUSPENSION. Contractors may be disqualified, temporarily suspended, or removed from the qualified contractor list or barred from bidding pursuant to procedures established by administrative regulation, which may include but are not limited to: failure to perform satisfactorily on previous contracts, violations of bidding procedures or laws, fraud, or other grounds permitted by law. Notice and an opportunity to be heard must be provided before any suspension or removal in non-emergency circumstances. 1-21-8 BID PROTEST PROCEDURES. Right to Protest. Any bidder or contractor who claims to be aggrieved in connection with the solicitation, evaluation, or award of a contract subject to this chapter may protest the matter as set forth below. Filing Deadline. All protests must be submitted to the City in writing no later than five business days after the City's issuance of notice of intent to award or bid results. The protest must set forth the specific grounds, supporting facts, and requested remedy. Content of Protest. The written protest must include: The name and address of the protestor; The title and/or number of the solicitation; A detailed statement of the factual and legal grounds for the protest, including copies of relevant documents and evidence; The specific ruling or relief requested. Stay of Award. If the protest is timely and presents substantial issues, the award of the contract will be stayed until the protest is resolved, unless the City determines that proceeding with award is necessary for the protection of the City's interests. Response and Review. The City Manager or designee will review the protest, may request and review responses from relevant staff and other interested parties, and may request a meeting with the protestor to clarify issues. The City Manager or designee must issue a written decision on the protest, stating the reasons for the action taken. The decision will be final and binding. Non-Exclusive Remedy. The procedures herein are not intended to limit the remedies otherwise available to the City under applicable law or contract. 1-21-9 REQUIRED BONDS AND INSURANCE. For all public works contracts awarded pursuant to this chapter through informal or formal bidding, the contractor must furnish both a payment bond and a performance bond in amounts not less than required by applicable law (including Civil Code § 9550 and Public Contract Code § 20129, as may be amended). The contractor must procure and maintain such insurance (including workers' compensation, general liability, and automobile liability, as applicable) as specified in City administrative regulations and/or bid documents for the duration of the contract. The City Manager or designee may require additional bonds or insurance coverage as deemed necessary and as set forth in bidding or contract documents. The required forms and documentation must be provided prior to execution of the contract and commencement of work. 1-21-10 SUPPLEMENTAL ADMINISTRATIVE PROCEDURES; EXECUTION. The City Manager may develop and maintain supplemental administrative regulations, procedures, and forms to implement and maintain compliance with this chapter and UPCCAA. The City Manager is authorized to execute all contracts, purchase orders, or other necessary documentation for procurement related to projects under 1-21-4(A) or contracts let and awarded by the City Council under § 1-21-4(B) or § 1-21-4(C). 1-21-11 EMERGENCIES. In cases of emergency, as defined by Public Contract Code § 22035 and § 22050, the City may proceed without adopting plans, specifications, or giving notice for bids, provided the action is subsequently ratified as required by law. 1-21-12 AMENDMENTS. Any amendments to UPCCAA or implementing regulations will be deemed incorporated into this chapter upon their effective date." Section 3. Notification to State Controller. The Public Works Director, or designee, is directed to deliver a copy of this Ordinance to the State Controller to give notification of this UPCCAA election. Section 4. Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. Section 5. Enforceability. Repeal of any provision of the Livingston Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. Section 6. Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature. Section 7. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable. Section 8. Recordation; Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the AMC or other city ordinance by this Ordinance will be rendered void and cause such previous AMC provision or other the city ordinance to remain in full force and effect for all purposes. Section 9. Environmental Assessment. The City Council finds that the adoption of this ordinance establishing procedures for public project contracting under the California Uniform Public Construction Cost Accounting Act constitutes an administrative activity and is not a project subject to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines"), pursuant to CEQA Guidelines § 15378(b)(2), (4). The adoption of this ordinance will not result in a direct or reasonably foreseeable indirect physical change to the environment. Accordingly, this Ordinance is not subject to further environmental review under CEQA. Section 10. Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Livingston's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. Section 11. Effective Date. This Ordinance will become effective 30 days after adoption. The proposed ordinance shall become effective on February 6, 2026. The Ordinance was adopted by the following vote: AYES: Mayor Moran and Council Members Singh Uppal, Wallis, and Samra NOES: None ABSTAIN: None ABSENT: Council Member Roth A copy of the full text of the Ordinance is available for review in the Office of the City Clerk, City of Livingston, 1416 C Street, Livingston, CA 95334. Anyone who has questions may contact the City Clerk's Office at (209) 394-8041 extension 121. IPL0304041 Jan 9 2026