Agenda packet — Lathrop City Council, April 11, 2022 (part 2 of 4)

134
CITY OF LATHROP— EKI ENVIRONMENT & WATER, INC.

PROFESSIONAL CONSULTING SERVICES AGREEMENT TO PROVIDE INTEGRATED WATER RESOURCES MASTER PLAN AMENDMENT, CIP PW 22- 19 AND CIP WW 22- 24 To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
FAX: ( 209) 941- 7449
To Consultant: EKI Environment & Water
2001 Junipero Serra Blvd., Suite 300
Daly City, CA 94014
Phone: ( 650) 292- 9100
17) Miscellaneous
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. b) Contract Terms Prevail. All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and attached exhibits, the terms of this Agreement shall prevail.
c) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California. d) Definitions. The definitions and terms are as defined in these specifications. e) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority. f) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. g) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement. h) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.

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135
CITY OF LATHROP— EKI ENVIRONMENT & WATER, INC.

PROFESSIONAL CONSULTING SERVICES AGREEMENT TO PROVIDE INTEGRATED WATER RESOURCES MASTER PLAN AMENDMENT, CIP PW 22- 19 AND CIP WW 22- 24 i) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. j) Ownership of Documents. All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall, upon payment to CONSULTANT of all amounts owed under this Agreement, be deemed the property of the CITY. Upon CITY' s request, CONSULTANT shall allow CITY to inspect all such documents during the CONSULTANT' s regular business hours.
k) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.

I) Severability. The invalidity in whole or part of any provision of this Agreement shall not void or affect the validity of any other provision of this agreement. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
m) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits. n) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. o) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
p) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
q) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.

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136
CITY OF LATHROP— EKI ENVIRONMENT & WATER, INC.

PROFESSIONAL CONSULTING SERVICES AGREEMENT TO PROVIDE INTEGRATED WATER RESOURCES MASTER PLAN AMENDMENT, CIP PW 22- 19 AND CIP WW 22- 24 r) Except as may be specifically allowed under this Agreement, nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either CITY or CONSULTANT. CONSULTANT' s Services hereunder are being performed solely for the benefit of CITY. s) In the event of any dispute between the parties arising under this Agreement, the parties shal first endeavor to settle such disputes through mediation. The parties shall bear their own attorney' s fees and costs but shall share equally in the cost of the mediator. If the parties are unable to settle the dispute through mediation, the dispute shall be settled by recourse to litigation.
18) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 19) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

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137
CITY OF LATHROP— EKI ENVIRONMENT & WATER, INC.

PROFESSIONAL CONSULTING SERVICES AGREEMENT TO PROVIDE INTEGRATED WATER RESOURCES MASTER PLAN AMENDMENT, CIP PW 22- 19 AND CIP WW 22- 24 Approved as to Form: City of Lathrop
City Attorney
Z--
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Public Works Director
Michael King Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Consultant: EKI Environment & Water, Inc.
2001 Junipero Serra Blvd, Suite 300
Daly City, CA 94014
Fed I D # 94- 3087395
Business License # 20137
Signature Date
Print Name and Title

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EXHIBIT A
Q environment
c & water
Corporate Office
2001 Junipero Serra Boulevard, Suite 300
Daly City, CA 94014
650) 292- 9100
ekiconsult. com
25 February 2022
Greg Gibson
Senior Civil Engineer
City of Lathrop— Public Works Department
390 Towne Centre Drive
Lathrop, CA 95330
Subject: Proposal for Water System Master Plan Amendment, 2022 Integrated Water Resources Master Plan Amendment
City of Lathrop, California
EKI CO- 161)
Dear Mr. Gibson,
EKI Environment& Water, Inc. ( EKI) is pleased to submit this proposal for consulting services to assist the City of Lathrop ( City) with preparation of an amendment to its 2019 Water System Master Plan ( WSMP) as part of a comprehensive amendment to the City' s 2019 Integrated Water Resources Master Plan IWRMP).

Project Unders#anding and Background
EKI understands that the City is interested in completing a comprehensive amendment to the IWRMP.

The existing IWRMP, which includes the City' s Water System Master Plan, Wastewater System Master Plan, and Recycled Water System Master Plan, was completed by EKI in December 2018 and approved by the City Council in December 2019 after a California Environmental Quality Act ( CEQA) process. 1 Since the IWRMP was completed, new information has become available and certain planning assumptions have changed that require an amendment to the IWRMP, including the following:

Water Demand Information: EKI updated the City' s unit water demand factors and water demand projections in July 2020 to support the River Islands Phase 2 development Water Supply Assessment, which were later incorporated into the City' s 2020 Urban Water Management Plan UWMP). The updated demand evaluation was based on the City' s water use patterns observed since the 2014- 2017 drought and updated development projections, which have changed most significantly in the River Islands development area. The updated analysis projected a significantly lower future water demand compared to the IWRMP, which had been based on the City' s predrought water use patterns. The amended IWRMP will need to incorporate these updated water 1 Final Council- approved IWRMP is dated December 2019, but content is consistent with December 2018 Draft IWRMP. Existing WSMP is referred to as the 2019 WSMP, herein.

Davis, CA• Marin, CA• Oakland, CA• Roseville, CA• Irvine, CA Centennial, CO• Glastonbury, CT• Holyoke, MA• Saratoga Springs, NY 139
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use factors and water demand estimates. In addition, ongoing legislation of the supplier annual water use objectives may further reduce the City' s projected water demand. The Department of Water Resources ( DWR) and the State Water Resources Control Board ( SWRCB) submitted a report in November 2021 recommending the indoor water use efficiency standards to be reduced to 42 gallons by 2030 and beyond. The amended IWRMP will assess the implication of the ongoing legislation on the City' s projected water demand.

Water Supply Information: The City' s water supply reliability and water supply infrastructure investments need to be reassessed based on the updated demand projections and the updated water supply projections presented in the 2020 UWMP and any subsequent updates related to the projected South County Water Supply Project ( SCWSP) reliability. For example, the City' s imported surface water from the SCWSP could experience significant future cutbacks in light of the Bay Delta Plan Amendment and the resolution of resultant Settlement Negotiations. Further, in recent years, the City has experienced water quality issues with its groundwater supply associated with the nearby former Occidental Chemical Corporation remediation site and detections of and new regulations associated with per- and polyfluoroalkyl substances ( PFAS).

These issues limit the City' s ability to expand groundwater production in the future. EKI understands that the City is currently evaluating adding PFAS treatment to the Louise Avenue Water Treatment Facility ( LAWTF) and an aquifer storage and recovery (ASR) project to improve water supply reliability. The amended IWRMP will incorporate findings from these evaluations.

New Development Facility Plans: The Lathrop City Council approved the modified River Islands Phase 2 project on June 14, 2021. The project includes land uses changes for new development in the River Islands development area and expansion of the City' s distribution system. The project' s master planning documents ( i. e., potable water, non- potable water, and wastewater facility technical reports) were completed in November 2020. The amended IWRMP will need to incorporate water demands and associated infrastructure for planned new development and evaluate their impacts on the overall system.

General Plan Update: The City has initiated a General Plan Update and filed a Notice of Preparation for the Environmental Impact Report in October 2021. The City anticipates completing the General Plan Update in 2022. EKI will update the growth projections in the amended IWRMP to be consistent with those included in the General Plan Update.

River Discharge Permit and Recycled Water Deliveries: The City has obtained a River Discharge Permit to dispose a portion of the wastewater treated at the Lathrop Consolidated Treatment Facility( CTF) in the San Joaquin River and deliver the remaining recycled waterto retail customers.

To support use of recycled water for landscape irrigation, the City obtained coverage under General Order WQ-2019-0058- DDW- R5017 and submitted a Title 22 Report Addendum in 2020.

The City began delivering recycled water for urban uses in the summer of 2021. These changes affect the operations and infrastructure needed for the City' s wastewater effluent disposal and recycled water distribution systems. Evaluations completed to support these efforts need to be incorporated into the amended IWRMP.
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As part of the tWRMP amendment, EKI will also update and recalibrate the City' s water, wastewater, and recycled water hydraulic models to incorporate recent infrastructure improvements and system expansions, updated demand and flow projections, and current operational strategies. Based on updated hydraulic and supply evaluations, EKI will amend the City' s capitai improvement program ( CIP) for each system. EKI will also update the existing tracking tool database to track available water supply, wastewater treatment, and wastewater disposal capacity for each developer.

Proposed Scope of Work
EKI proposes the following tasks as part of this scope of work to amend the City' s 2019 WSMP as part of a comprehensive amendment to the City' s 2019 IWRMP.

Task 1 - Project Management and Coordination
EKI wili provide project management and general consultation services to the City. This task includes coordination and communications with City staff, general consultation, and technical project management services. Frequent and clear communication with the City throughout the development of the WSMP update will be important to ensure that the plan meets the City' s expectations and stays on schedule. Specific tasks include:

Information Mana ement: Specific information wil be required for amending the WSMP. EKI will prepare a list of information requests and submit the list to City staff. EKI will compile and review information. Information requests are expected to include:
o Current and projected land use information that reflects new development and the proposed General Plan Update;
o Current screenshots of Supervisory Control and Data Acquisition (SCADA) system HumanMachine Interface ( HMI) showing operational setpoints for each water system facility; o SCAOA historian data in 5- minute polling intervals or less for pump station flow and suction and discharge pressures, tank levels, and other available flow meters since 2017; o Record drawings or AutoCAD drawings for water system improvements completed since 2018 or design drawings for projects currently under construction; o Updated water system geodatabase that incorporates all of the improvements completed since 2018;
o Recent water system utility planning documents for new development; o Complete set of billing records since January 2020; and, o Advanced metering infrastructure ( AMI) data, if available, showing hourly water use for peak users.

This information request will be coordinated with the information needed for the Wastewater System Master Plan ( WWSMP), Recycled Water System Master Plan ( RWSMP), and the Sanitary System Management Plan ( SSMP).

Kickoff Meeting: At the kick- off ineeting, EKI and City staff will discuss project goals, opportunities, constraints, information needs, roles, responsibilities, the schedule, and expectations. As part of the meeting, EKI and City staff will review and document new information since the 2019 IWRMP, including major infrastructure improvements, planning assumptions, 141
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supply estimates, and demand estimates. The team will assess impacts of the new information on master planning, revisit planning horizons, and identify key analyses to be conducted as part of the IWRMP update and potential alternatives. EKI assumes this kickoff ineeting will be combined with the kickoff ineeting for the WWSMP and RWSMP amendments.

Workshops/ Pro ress Meetin s: EKI will schedule and attend up to three ( 3) workshops or progress meetings with City staff and other stakeholders to review project status, preliminary results, and to solicit feedback for key project decisions. For all meetings, we will be responsible for preparing and distributing meeting notices, agendas, and minutes. EKI assumes these progress meetings will be combined with meetings forthe WWSMP and RWSMP amendments.

Project Schedule: We will prepare the project critical path schedule and will provide the City schedule updates as needed.

Project Communications and Proiect Mana ement Tasks: We will perform other project management tasks including as- needed communications and general consulting services, budget tracking, and invoicing. We will provide a budget and progress summary reports to the City with each invoice.

Deliverables:

Information request log.

Meeting agendas, presentations, and minutes.

Monthly budget and progress summary reports.

Key assumptions:

The initial data request will be combined with the requests forthe WWSMP and RWSMP.

Kickoff and progress meetings will be held remotely over video conference and will be combined with meetings forthe WWSMP and RWSMP.

Tasks repuired by Citystaff: Fulfill data requests in accordance with schedule expectations and participate in meetings.

Task 2 - Hydraulic Model Construction and System Description Updates In this task, EKI will update the City' s hydraulic model construction and update the description of the existing system included in Section 3 of the 2019 WSMP. EKI will perform the following subtasks:

Update the water system hydraulic model network to incorporate system improvements completed since the IWRMP orthose currently in design or construction.

Update the existing water system hydraulic model network to incorporate system expansions related to new development since the IWRMP, including verifying elevations in these areas based on publicly available data.

Update the backbone water system infrastructure included in the future hydraulic model for future development areas based on recent utility plans completed by Developers ( e. g., the Novemeber 2020 River Islands facility technical reports).

Verify operational settings with City operations staff and update settings in the hydraulic model for all pumps and tanks.
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Update the existing system description included in Section 3 of the 2019 WSMP.

Deliverables:

Updated water system geodatabase exported from the updated hydraulic model.

Draft of revised existing system description (Section 3) from the IWRMP including tables of facility data attribute information and figures.

Kev assumptions:

City will provide the updated geodatabase for the current distribution system and all as- built records for recent and current improvements in AutoCAD or PDF format.

City will provide current operational strategies and setpoints via SCADA HMI exports and operational staff will be available to answer questions.

Tasks required bv Citv staff: Provide relevant GIS data and as- built records and verify operational set points.

Task 3- Peaking Factor and Diurnal Paltern Evaluation, Model Demand Reallocations, and Tracking Tool Update
This task will update the demands and peaking factors used in the model and update the relevant sections in the 2019 WSMP report. EKI will perform the following subtasks:

Reallocate parcel- by- parcel average day demands (ADD) in the model based on updated demand evaluation and geocode and allocate demands associated with new development added since the prior hydraulic model update.

Update parcel- level water use data in tracking tool database.

Reallocate near- term future, long- term future, and buildout ADD to the future hydraulic models based on the updated demand evaluation.

Evaluate updated maximum day demand ( MDD) and peak hour demand ( PHD) peaking factors and diurnal curves based on recent SCADA data using a mass balance approach by tallying all inflow, outflow, and change in storage.

Evaluate site- specific peaking factors and diurnal curves for the largest water users based on AMI data, if available.

Create modeling demand sets for existing, near- term, future, and buildout ADD, MDD, and PHD conditions.

Assign fire flow demands to each new fire hydrant based on associated land use.

Update the Study and Water Service Area ( Section 2) and Existing and Future Water Demands Section 4) sections from the 2019 WSMP based on the demand evaluation completed by EKI in July 2020 to support the River Islands Phase 2 development Water Supply Assessment and materials prepared for the 2020 UWMP.

Deliverables:

Updated tracking tool database with updated parcel- level water use data. 143
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Draft of revised Study and Water Service Area( Section 2) and Existing and Future Water Demands Section 4) from the 2019 WSMP including all tables and figures.

Key assumptions:

The Tracking Tool database updates will be prepared in conjunction with efforts included in the scopes of work for the RWSMP and WWSMP amendments.

SCADA data is available in less than 10- minute intervals for each pump station and tank.

Tasks required bv City staff: Provide SCADA data and review draft deliverables.

Task 4 - Steady- State Model Validation and Cdlibration After model updates, EKI will validate the model, assist the City to perform fire flow calibration testing, and perform steady- state calibrations. EKI will perform the following subtasks:

Perform validation model runs to ensure connectivity and model convergence.

Develop a calibration hydrant test plan assuming approximately 10 test locations. The test plan will include procedures, test forms, and maps for each test location that shows the planned flow hydrant, residual test hydrants, and any valves that will need to be cfosed to perform roughness tests.

Review the plan with City operations staff and assist the City operations staff to perform the calibration hydrant tests in the field.

Create steady- state model scenarios for each test and set boundary conditions ( e. g., pump statuses) based on SCADA historian data from the test period.

Compare the modeled and observed hydraulic grade lines ( HGLs) to determine calibration confidence for each test.

If discrepancies are found, troubleshoot the cause of the differences and adjust parameters to bring the difference in values closer.

Prepare tables that show the steady- state calibration results and update Appendix C from the 2019 WSMP.

Deliverables:

Hydrant Test Plan.

Test data sheets.

Draft of updated Appendix C from the WSMP with tables summarizing the calibration resu ts.

Key assumptions:

Calibration testing will include up to 10 test locations and be performed over two days.

EKI will provide calibrated hydrant water pressure loggers.

Other equipment provided by City staff including pitot tube will be properly calibrated.

No retesting will be required.

Tasks required bv Citv staff:

Meet with EKI to review the hydrant testing plan.
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Inspect all test hydrants and exercise all valves used during the testing prior to the date of the test.

Provide calibrated test equipment including pitot tube.

Perform field testing( assumed two days) with assistance from EKI.

Provide SCADA historian data from the test period.

Review draft deliverables.

Task 5 - Modeling Analysis to Evaluate System Performance Following model calibration, EKI will utilize the updated model to evaluate the capacity of the overall water system under existing and future demand conditions under PHD and MDD plus fire flow conditions.

EKI will compare results with the updated hydraulic model to those presented in the IWRMP and determine whether the results affect any of the improvement projects presented in the IWRMP. To address any newly identified deficiencies, EKI will develop and model potential water system improvements and/ or operational changes. EKI will prepare figures showing modeling results for the existing, near-term, future, and buildout scenarios and the proposed improvements, highlighting any changes from the IWRMP. EKI will update Sections 6 and 7 of the 2019 WSMP based on the results of the analysis.

Deliverables: Drafts of updated Water System Performance and Operations Criteria ( Section 6) and Distribution System Hydraulic Capacity Evaluation( Section 7) of the 2019 WSMP, including updated tables and figures.

Kev assumptions: EKI assumes that the performance criteria established in Section 6 of the 2019 WSMP will not change except for the peaking factors.

Tasks required bv City staff: Review draft deliverables.

Task 6 - Water Supply Facilities and Storage and Pumping Capacity Evaluation Based on updated demand projections and supply reliability evaluations completed for the 2020 UWMP, as well as assumed impacts of implementation the Bay Delta Plan ( e. g., scenario included in 2020 UWMP Appendix H), EKI will evaluate the need for new water supply infrastructure, including new groundwater supply wells and treatment. This evaluation will incorporate and build upon findings from the City' s evaluations of ASR and adding PFAS treatment to the LAWTF.

EKI will also evaluate the capacity of storage and pumping facilities based on established performance criteria. EKI will work with the City to determine whether the storage and pumping capacity criteria should be updated to account for potential emergency situations ( e. g., SSJID supply disruptions as the result of Public Safety Power Shutoffs [ PSPS]). EKI will compare existing available capacities against current and projected capacity requirements, based on the established performance criteria and the existing and projected demands, and identify whether storage and/ or pumping capacity is needed.

EKI wil) update the Water System Supplies ( Section 5) and the Water Supply, Storage, and Pumping Capacity Evaluation ( Section 8) sections of the 2019 WSMP. 145
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Deliverables: Draft of updated Water System Supplies ( Sections 5) and Water Supply, Storage, and Pumping Capacity Evaluation( Section 8) sections ofthe 2019 WSMP, including updated tables and figures.

Kev assumptions: EKI will rely on the analysis supply reliability analysis prepared for the 2020 UWMP to update Section 5 of the 2019 WSMP.

Tasks required bv City staff:

Work with EKI to confirm performance requirements.
review draft deliverables.

Task 7 - Water System Master Plan Amendment
Based on the evaluations performed as part of Tasks 5 and 6, EKI will develop a revised recommended CIP. EKI will update cost factors based on the current construction market and update opinions of probable cost for each project. EKI will work with the City to develop criteria for prioritizing these projects and will establish project priorities based on this criteria. EKI will submit a draft of the updated Recommended Capital Improvement Program ( Section 9) from the 2019 WSMP.

After City review of each draft WSMP section prepared in Tasks 2 through 7, EKI will revise and compile each of the sections and prepare a complete draft WSMP amendment for review by the City and key stakeholders. EKI will submit a final WSMP amendment that incorporates the City' s and otherstakeholder comments.

Deliverables:

Draft of updated Recommended Capita) Improvement Program ( Sections 9) section of the 2019 WSMP.

Draft and Final WSMP amendment ( 2 electronic copies [ PDF and Word versions)) Key assumptions:

Comments from City and stakeholder on Draft WSMP will be minor and will not require additional technical analysis.

EKI assumes that a programmatic EIR is not required but can assist in preparation of the programmatic EIR as part of a separate work authorization.

Tasks required bv City staff: Review draft Section 9 and the Draft WSMP Amendment.

Optional Task 8 - Extended Period Simulation Calibration and Analysis As discussed above, the City' s existing hydraulic model is only a steady- state model, which is an appropriate tool for master planning. A steady- state modeling run shows how the system responds to a single, instantaneous demand and operational condition, but does not indicate how a system will operate continuously over an extended period. An extended period simulation( EPS) model is needed to show how tanks will fill and drain and how pressures and velocities will fluctuate depending on tank levels, pump operations, and diurnal demand patterns. An EPS model is needed to model water age, movement, and quality within the system and is best suited to support operational decisions. 146
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As an optional task, EKI will perform an EPS calibration. The EPS calibration will compare trends in flows, pressure, and water levels in the model outputs to real- world data collected in the City' s supervisory control and data acquisition ( SCADA) system confirm that the controls are modeled correctly. EKI proposes to calibrate to three separate demand days using available data from the previous year: ( 1) a minimum demand day model, ( 2) an average demand day model, and ( 3) a maximum day demand model.

A 48- hour period could be used if certain operating conditions ( e. g., tank cycling) repeat over a longer period than 24- hours.

EKI will use the SCADA data to compare model outputs and set initial conditions in the model. EKI may use time- of- day controls for certain pumps if it is apparent that they were operated manually and do not follow normal automated control sequences. Modeled and observed tank levels, pressures, and flows will be compared to assess calibration. EKI will troubleshoot discrepancies and make appropriate adjustments.

To assess the calibration, EKI will calculate the Average Mean Error ( AME) for each site based on subtracting the model results for a given time from the measured value corresponding to that time and then taking the average of these differences over all time steps for each date. EKI assumes one conference call will be conducted to review the calibration results.

Deliverables: ( 1) Calibration summary charts and ( 2) draft and final TM summarizing calibration effort that will be appended to the WSMP amendment.

Kev assumptions: Additional analyses beyond calibration ( e. g., water age or alternative operational scenarios) are not included but can be performed as part of a separate scope of work.

Tasks required bv Citv staff: Participate in conference call and review draft TM. 147
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Project Schedule
EKI is available to initiate work upon receiving authorization from the City. A general schedule for Tasks 1 through 7 and Optional Task 8 is presented below.

Task 1- Proiect Mana ement and Coordination j`` `
Task 2- Hydraulic Model Construction and Svstem
Description Updates
Task 3- PeakinQ Factor and Diurnal Pattern
Evaluation. Modei Demand Reallocations and
Trackin Tool Update
Task 4— Steady- State Model Validataion and
Calibration
Task 5— ModelinQ AnaiVsis to Evaluate SVstem
Performance
Task 6- Water Supply Facilities and Stora e and
Pumping Capacitv Evaluation
Task 7- Water Svstem Master Plan Amendment
Draft Section 9( CIPJ
Draft Master P/ an Report
Final Master Plan Report
Optional Task 8- Extended Period Simulation
Calibration and Analvsis
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Compensation for Consulting Services
We propose that compensation for consulting services by EKI be on a time and expense reimbursement basis per our attached current Schedule of Charges, dated 2 January 2022. Based on the proposed Scope of Work described above, our estimated not-to- exceed budget is $ 148, 000 for the base scope Tasks 1 through 7 and an additional$ 22, 500 for Optional Task 8, as follows by task:

Task 1- Project Management and Communications 11, 500
Task 2- Hydraulic Model Construction and System Description Updates 19, 300 Task 3- Peaking Factor and Diurnal Pattern Evaluation and Model Demand Reallocations
16, 500
Task 4- Steady- State Model Validation and Calibration 31, 000 Task 5- Modeling Analysis to Evaluate System Performance 15, 500 Task 6— Water Supply Facilities and Storage and Pumping Capacity Evaluation 23, 000 Task 7— Water System Master Plan Amendment 31, 200
t
Optional Task 8- Extended Period Simulation Calibration and Analysis 22, 500 A detailed budget table is included in Attachment A.

Terms and Conditions
Other than the scope of work, budget, and schedule herein, the work will be performed per the terms and conditions established in our current agreement with the City of Lathrop 13 July 2020.

Thank you for the opportunity to work with the City on this project. Please contact Jonathan Sutter at 650- 292- 9099 orjsutter@ekiconsult. com with any questions.

Very truly yours,
EKI ENVIRONMENT& WATER, INC.

Gf i ra
Anona Dutton, PG, CHg nathan Sutter, PE
Vice President Project Manager
Attachments:

A. Budget Estimate for Proposed Scope of Work
B. EKI Schedule of Charges, dated 2 January 2022
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Attachment A- Budget Estimate for Proposed Scope of Work Water System Master Plan Amendment, 2022 Integrated Water Resources Master Plan Amendment City of Lathrop, California
EKILabor Ezpenses TOTAL( 3J
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133 145 185 230 276 296 307 ($)
ask 1- Pro' ect Mana ement and Coordination
Prepare, Review, and Document Requests for Information 4 2 1 1, 535 1, 535 Kickoff Meeting 2 2 1 $ 1, 372 1, 372
Participate in three( 3) progress meetings/ workshops 12 6 6 5, 466 5, 466 Prepare and periodically update project schedule 2 1 624 624 Other communications and project management tasks 8 2 2, 488 2, 488 Su6total 0 0 18 19 11 0 1 $ 13, 485 $ 0 $ 11, 500
ask 2- H draulic Model Construction and 5 stem Descri tion U dates Update hydraulic model for recent system improvements 20 4 1 5, 092 5, 092 Update hydraulic model for recent development expansions 20 4 1 5, 092 5, 092 Update hydraulic model for updated development backbone infrastructure plans 16 2 1 3, 844 3, 844 Verify and update operational settings 4 1 1 1, 296 1, 296 Prepare dreft update to Section 3 of WSMP 4 8 q 2 1 3, 943 $ 80 $ 4, 023 Subtotal 4 0 68 IS 6 0 1 $ 19, 2b6 $ 80 $ 19, 300
ask 3- Peakin Factor and Diurnal Pattern Evaluation and Model Demand Reallocations Reallocate parcel- level demands in model 2 8 4 1 3, 060 $ 40 $ 3, 100 Update parcel- level water use data in tracking tool database 12 2 2, 787 2, 7g7 Reallocate future demands for near- term, long- term, and buildout future scenarios 6 2 1 1, 920 1, 920 Evaluate updated peaking factors and diurnal curves 12 2 1 3, 074 3, 074 Create modeling peak demand sets for each scenario 4 1 1, 009 1, 009 Assign fire flow demands to new fire hyrants in model 2 1 624 624 Prepare draft update to Section 2 and Section 4 of WSMP 4 8 4 2 1 $ 3, 943 3, 943 Subtotal 6 . 0 52 16 5 0 1 $ 16, 416 $ 40 $ 16, 500
Task 4- Stead - State Model Validation and Calibretion
Perform model validation runs 4 2 1, 248 1, 248
Develop and Review with District Calibration Field Test Plan 10 2 20 4 2 7, 064 $ 200 $ 7, 264 Assist District perform field testing 20 24 2 1 8, 399 $ 750 $ 9, 149 Perform steady- state model calibration 36 8 4 9, 988 59, 988 Prepare TM and tables that show the steady- state calibration results 8 4 2 1 $ 3, 389 3, 389 Subtotal 30 22 92 20 9 0 1 $ 30,088 $ 950 $ 31, OD0
ask 5- Modelin Anal sis to Evaluate 5 stem Performance
Perform steady- state hydraulic modeling analysis to identify deficiencies 12 4 2 3, 840 3, 840 Compare results against IWRMP and evaluate proposed system improvements 12 6 2 4, 318 4, 318 Prepare draft update to Section 6 and Section 7 of WSMP 16 12 4 4 1 $ 6, 946 $ 320 $ 7, 266 Subtotal " 16 0 36 14 8 0 1 $ 15, 104 $ 35D $ 15, 500
Task 6- Water Su I Facilities and Stora e and Pum in Ca acit Evaluation Evaluate the need for new water supply infrastructure/ sources 24 12 S 6 1 $ 11, 951 11, 951 Prepare updated storage evaluation 8 2 1 2, 305 2, 305
Prepare updated pumping/ supply evaluation 8 2 1 2, 305 2, 305 Prepare draft update to Section 5 and Section 8 of WSMP 4 12 6 4 2 1 $ 6, 380 $ 80 $ 6,460 Subtotal 4 0 52 22 14 8 2 $ 22, 940 $ 80 $ 23, 000
Task 7- Water S stem Master Plan Amendment
Develop updated costfactorsand opinions ofprobablecosts 20 4 8 7, 101 7, 101 Develop project prioritization strategy and prioritize identified projects 6 4 1 2, 398 2, 398 Prepare Draft Section 9 from WSMP 16 16 4 2 6, 822 $ 320 $ 7, 462 Prepare Draft Master Plan Report 8 16 8 6 1 $ 8, 140 $ 410 8, 710 Prepare Final Master Plan Report S 12 4 2 4, 946 $ 410 $ 5, 516 Subtotal 32 0 70 24 19 0 1 $ 29, 408 $ 1, 140 $ 31, 200 BASE TOTAL( TASK51- 7): 72 22 388 13D 72 8 8 $ 144, 708 $ 2, 640 $ 148, 000 February 2022
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150
Attachment A- Budget Estimate for Proposed Scope of Work Water System Master Plan Amendment, 2022 Integreted Water Resources Master Plan Amendment City of athrop, California
EKILabor Expenses TOTAL( 3)
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133 145 185 230 276 296 307 ($)
O tional Task 8- Extended Period Simulation Calibration and Anal sis Set calibration diurna/ potterns, initia/ settings, ond campile SCADA data 12 6 2 4, 318 4, 318 Perform EPS Calibration 48 12 4 13,254 13, 254
Prepare calibration chorts and TM 16 4 2 1 $ 4, 929 4,929 subrotai o o 6 ZZ a o . t 52z; soo So $ zz soo
Notes:
1) A communications charge of 4% of labor costs covers e- mail access, web conferencing, cellphone calls, messaging and data access, file sharing, local and long distance telephone calls and conferences, facsimile transmittals, standard delivery U. S. postage, and incidental in- house copying. 2) " Other Direct Costs" includes direct expenses, as listed below, inturred in connection with the work and will be reimbursed at cost plus ten percent( 10%) for items such as:
a. Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, drillers, laboratories, and contractors. c. Rented vehicles, local public transportation and taxis, travel and subsistence. d. Special fees, insurance, permits, and licenses applicable to the work. e. Outside computer processing, computation, and proprietary programs purchased for the work 3) Task subtotals rounded to the nearest hundred dollars.

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151
Client/Address: City of Lathrop
390 Towne Centre Drive, eki
environment
Lathrop, CA 95330 water
Proposal/ Agreement Date: 25 February 2022 EKI Proposal/ Project# CO- 161 SCHEDULE OF CHARGES FOR EKI ENVIRONMENT& WATER. INC. 2 January 2022 Personnel Classification Hourlv Rate
Officer and Chief Engineer- Scientist 307
Principal Engineer- Scientist 296
Supervising I, Engineer- Scientist 286
Supervising II, Engineer- Scientist 276
Senior I, Engineer- Scientist 265
Senior II, Engineer- Scientist 255
Associate I, Engineer- Scientist 244
Associate II, Engineer- Scientist 230
Engineer- Scientist, Grade 1 214
Engineer- Scientist, Grade 2 202
Engineer- Scientist, Grade 3 185
Engineer- Scientist, Grade 4 165
Engineer- Scientist, Grade 5 145
Engineer- Scientist, Grade 6 128
Project Assistant 130
Technician 116
Senior GIS/ Database Analyst 150
CADD Operator/ GIS Analyst 133
Senior Administrative Assistant 147
Administrative Assistant 115
Secretary 96
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work will be at cost plus ten percent( 10%) for items such as:
a. Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, drillers, laboratories, and contractors. c. Rented vehicles, local public transportation and taxis, travel, and subsistence. d. Special fees, insurance, permits, and licenses applicable to the work. e. Outside computer processing, computation, and proprietary programs purchased for the work.

A Communication charge for e- mail access, web conferencing, cellphone calls, messaging and data access, file sharing, local and long distance telephone calls and conferences, facsimile transmittals, standard delivery U. S. postage, and incidental in- house copying will be charged at a rate of 4% of labor charges. Large volume copying of project documents, e. g., bound reports for distribution or project- specific reference files, will be charged as a project expense as described above.

Reimbursement for company- owned automobiles, except trucks and four- wheel drive vehicles, used in connection with the work will be at the rate of sixty cents($ 0. 60) per mile. The rate for company- owned trucks and four-wheel drive vehicles will be seventy- five cents($ 0. 75) per mile. There will be an additional charge of thirty dollars ($ 30. 00) per day for vehicles used for field work. Reimbursement for use of personal vehicles will be at the federally allowed rate plus fifteen percent( 15%).

CADD Computer time will be charged at twenty dollars($ 20. 00) per hour. In- house material and equipment charges will be in accordance with the current rate schedule or special quotation. Excise taxes, if any, will be added as a direct expense.

Rate for professional staff for legal proceedings or as expert witnesses will be at a rate of one and one- half times the Hourly Rates specified above.

The foregoing Schedule of Charges is incorporated into the Agreement for the Services of EKI Environment& Water, Inc. and may be updated annually.
152

EXHIBIT B
environment
water
Corporate Office
2001 Junipero Serra Boulevard, Suite 300
Daly City, CA 94014
650) 292- 9100
ekiconsult.com
25 February 2022
Greg Gibson
Senior Civil Engineer
City of Lathrop— Public Works Department
390 Towne Centre Drive
Lathrop, CA 95330
Subject: Proposal for Recycled Water System Master Plan Amendment, 2022 Integrated Water Resources Master Plan Amendment
City of Lathrop, California
EKI CO- 161)
Dear Mr. Gibson,
EKI Environment& Water, Inc. ( EKI) is pleased to submit this proposal for consulting services to assist the City of Lathrop( City) prepare an amendment to its 2019 Recycled Water System Master Plan ( RWSMP) as part of a comprehensive amendment to the City' s 2019 Integrated Water Resources Master Plan IWRMP).

Project Understanding and Background
EKI understands that the City is interested in completing a comprehensive amendment to the IWRMP, concurrently with the preparation of the City' s 2020 Urban Water Management Plan ( UWMP). The existing IWRMP, which includes the City' s Water System Master Plan, Wastewater System Master Plan, and Recycled Water System Master Plan, was completed by EKI in December 2018 and approved by the City Council in December 2019 after a California Environmental Quality Act ( CEQA) process. l
Since the IWRMP was completed, new information has become available and certain planning assumptions have changed that require an amendment to the IWRMP, including the following:

Water Demand Information: EKI performed an update to the City' s unit water demand factors and water demand projections in July 2020 to support the River Islands Phase 2 development Water Supply Assessment. The updated demand evaluation was based on the City' s water use patterns observed since the 2014- 2017 drought and updated development projections, which have changed most significantly in the River Islands development area. The updated analysis projected a significantly lower future water demand compared to the IWRMP, which was based on the City' s pre- drought water use patterns. These updates also affect the assumed landscape 1 Final Council- approved IWRMP is dated December 2019, but content is consistent with December 2018 Draft IWRMP. Existing RWSMP is referred to as the 2019 RWSMP, herein.

Davis, CA• Marin, CA• Oakland, CA• Roseville, CA• Irvine, CA Cenfennial, CO• Glastonbury, CT• Holyoke, MA• Saratoga Springs, NY 153
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irrigation recycled water demands. In addition, ongoing legislation of the supplier annual water use objectives may further reduce the City' s projected water demand. The Department of Water Resources ( DWR) and the State Water Resources Control Board ( SWRCB) submitted a report in November 2021 recommending the indoor water use efficiency standards to be reduced to 42 gallons by 2030 and beyond. The amended IWRMP will assess the implication of the ongoing legislation on the City' s projected water demand.

New Development Facility Plans: The Lathrop City Council approved the modified River Islands Phase 2 project on June 14, 2021. The project includes land uses changes for new development in the River Islands development area and expansion of the City' s distribution system. The project' s master planning documents including potable water, non- potable water, and wastewater facility technica) reports were completed in November 2020. The amended IWRMP wi l need to incorporate water demands and associated infrastructure for planned new development and evaluate their impacts on the overall system.

General Plan Update: The City has initiated a General Plan Update and filed a Notice of Preparation for the Environmental Impact Report in October 2021. The City anticipates completing the General Plan Update in 2022. The growth projections in amended IWRMP will be consistent with those included in the General Plan Update.

To support use of recycled water for landscape irrigation, the City obtained coverage under General Order WQ- 2019- 0058- DDW- R5017 and submitted a Title 22 Report Addendum in 2020.

As part of the IWRMP amendment, EKI will also update and recalibrate the City' s water, wastewater, and recycled water hydraulic models to incorporate recent infrastructure improvements and system expansions, updated demand and flow projections, and current operational strategies. In the 2019 RWSMP, hydraulic modeling analyses were only completed through the buildout of the current expansion of the Lathrop Consolidated Treatment Facility (CTF) and did not look at long-term future scenarios due to the uncertainty related to future uses of recycled water and effluent disposal. The RWSMP will include a hydraulic analysis of a future buildout scenario based on the assumption that the City will be granted a River Discharge Permit to dispose of excess treated wastewater effluent.

Based on updated hydraulic evaluations, EKI will amend the City' s capital improvement program ( CIP) for each system. EKI will also update the existing tracking tool database to track available water supply, wastewater treatment, and wastewater disposal capacity for each developer. 154
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Proposed Scope of Work
EKI proposes the following tasks as part of this scope of work to amend the City' s 2019 RWSMP as part of a comprehensive amendment to the City' s 2019 IWRMP.

Task 1 - Project Management and Coordination
EKI will provide project management and general consultation services to the City. This task includes coordination and communications with City staff, general consultation, and technical project management services. Frequent and clear communication with the City throughout the development of the RWSMP update will be important to ensure that the plan meets the City' s expectations and stays on schedule. Specific tasks include:

Information Mana ement: Specific information will be required for amending the RWSMP. EKI will prepare a list of information requests and submit the list to City staff. EKI will compile and review information. Information requests are expected to include:
o Current and projected land use information that reflects new development and the proposed General Plan Update;
o Current screenshots of Supervisory Control and Data Acquisition ( SCADA) system HumanMachine Interface ( HMI) showing operational setpoints for each recycled water system facility;
o SCADA historian data in 5- minute polling intervals or less for available pump station flow and suction and discharge pressures, pond levels, and other available flow meters since 2017;
o Metered landscape irrigation consumption data and land application area delivery data; o Current design and planning documents associated with the River Discharge effluent disposal system;
o Record drawings or AutoCAD drawings for recycled water system improvements completed since 2018 or design drawings for projects currently in design or under construction;
o Updated geodatabase for the recycled water system infrastructure that incorporates new infrastructure added in River Islands and other new developments since the last model update; and,
o Recent water system utility planning documents for new development.

This information request will be coordinated with the information needed for the Wastewater System Master Plan ( WWSMP), the Water System Master Plan ( WSMP).

Kickoff Meetin: At the kick- off ineeting, EKI and City staff will discuss project goals, opportunities, constraints, information needs, roles, responsibilities, the schedule, and expectations. As part of the meeting, EKI and City staff will review and document new information since the 2019 IWRMP, including major infrastructure improvements, planning assumptions, supply estimates, and demand estimates. The team will assess impacts of the new information on master planning, revisit planning horizons, identify key analyses to be conducted as part of the IWRMP update and potential alternatives. EKI assumes this kickoff ineeting will be combined with the kickoff meeting for the WSMP and WWSMP amendments.
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Proiect Schedule: We will prepare the project critical path schedule and will provide the City schedule updates as needed.

Proiect Communications and Proiect Mana ement Tasks: We will perform other project management tasks including as- needed communications and general consulting services, budget tracking, and invoicing. We will provide a budget and progress summary reports to the City with each invoice.

Deliverables:

Information request log.

Meeting agendas, presentations, and minutes.

Monthly budget and progress summary reports.

Key assumptions:

The initial data request will be combined with the requests forthe WSMP and WWSMP.

Kickoff and progress meetings will be held remotely over video conference.

Tasks required by Citystaff: Fulfill data requests in accordance with schedule expectations and participate in meetings.

Task 2 - Hydraulic Model Construction and System Description Updates In this task, EKI will update the City' s hydraulic model construction and update the description of the existing system and near-term planned improvements included in Section 3 of the 2019 RWSMP. EKI will perform the following subtasks:

Update the recycled water system hydraulic model network to incorporate system improvements completed since the IWRMP or those currently in design or construction.

Update the backbone recycled water system infrastructure included in the future hydraulic model for future development areas based on recent utility plans completed by developers.

Verify modeled pump curves and based on available SCADA data and pressure regulating valve settings based on operations staff.

Incorporate current plans and assumptions related to the River Discharge disposa) system.

Update the existing system description and near- term planned improvements, including the improvements associated with the wastewater effluent disposal to the San Joaquin River included in Section 3 of the 2019 RWSMP.

Deliverables:

Updated recycled water system geodatabase exported from the updated hydraulic model. 156
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Draft of the revised existing system and planned near- term improvement description ( Section 3) from the 2019 RWSMP including tables of facility data attribute information and figures.

Key assumptions:

EKI will verify and refine the model construction for the future buildout scenario that was assumed as part of the November 2019 River Discharge project modeling effort.

EKI is not aware of any significant recent system improvements that are not captured in the existing hydraulic model and assumes that model network updates will be minimal.

City will provide the updated geodatabase for the current system and all as- built records for recent and current improvements in AutoCAD or PDF format.

Tasks required by City staff: Provide relevant as- built records and verify operational set points.

Task 3 - Updated Recycled Wafier Supply, Use, and Water Baldnce Evaluation This task will update the projected recycled water supplies, recycled water demands, and water balance evaluations. EKI will perform the following subtasks:

Verify and update landscape irrigation acreages and demands assumed in the 2020 UWMP, with consideration of the ongoing water use objectives legislative process.

Develop recycled water demand estimates for potential industrial users, the planned commercial use fill station, and the use of recycled water hydrants for construction water.

Update recycled water supply projections based on updated wastewater flow projections from the WWSMP amendment.

Review historical recycled water supply and use data ( i. e., wastewater effluent data, land application volumes, historical precipitation and evapotranspiration data, and pond storage levels) to calibrate the recycled water balance and verify the assumed parameters for irrigation efficiency, leaching factor, and effective precipitation.

Prepare updated recycled water balances for the near-term ( buildout of CTF Phase 2 expansion), long- term future, and buildout scenarios with application of the River Discharge Permit. Each scenario will compare options with and without industrial recycled water demands.

Verify the required storage and river discharge volumes required for each scenario.

Update the Tracking Tool database, as needed, to account for changes to disposal capacity.

Update the Study and Service Area ( Section 2) and Recycled Water Supply, Use, and Water Balance Evaluation ( Section 4) sections from the 2019 RWSMP.

Deliverables:

Updated tracking tool database for disposal capacity to account for changes in water balance parameters, if necessary.

Update the Study and Service Area ( Section 2) and Recycled Water Supply, Use, and Water Balance Evaluation ( Section 4) sections from the 2019 RWSMP. 157
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Key assumptions:

The Tracking Tool database updates will be prepared in conjunction with efforts included in the scopes ofworkforthe WSMP and WWSMP amendments.

Monthly historical land application volumes and pond storage levels are available.

EKI will not evaluate alternative recycled water uses such potable reuse or expanded percolation beyond what was included in the 2019 RWSMP.

There is no need to re- evaluate the interim near- term scenarios ( i. e., Phase 1 and Phase 26 of CTF expansion) that were included in the 2019 RWSMP.

Tasks required by Citv staff: Provide historical data and review draft deliverables.

Task 4 - Update System Performance Criteria and Hydraulic Assessment After model updates, EKI will review system performance criteria and perform the recycled water system hydraulic assessment using the steady- state hydraulic model. EKI will perform the following subtasks:

Verify and update recycled water demand allocations for each scenario based on Task 3.

Review and update, if needed, system performance criteria.

Perform validation model runs to ensure connectivity and model convergence.

Set up and run model near- term, long- term, and buildout scenarios based on identified performance criteria.

Compare the updated hydraulic model results to those presented in the 2019 IWRMP and determine whether the results affect any of the recommendations presented in the IWRMP.

To address any newly identified deficiencies, EK will develop and model potential water system improvements and/ or operational changes, as needed.

EKI will prepare figures showing modeling results and the proposed improvements, highlighting any changes from the 2019 IWRMP.

EKI will update Sections 5 and 6 of the 2019 RWSMP based on the results of the analysis.

Deliverables: Drafts of updated System Performance and Operations Criteria ( Sections 5) and Hydraulic Assessment of Distribution System ( Section 6) of the 2019 RWSMP, including updated tables and figures.

Kev assumptions:

Modeling for the near- term future scenario without river discharge will not be updated from the results presented in the 2019 RWSMP unless it is evident that model updates are needed for this scenario.

Near-term, long- term, and buildout modeling scenarios with a river discharge permit will be added to the RWSMP.

New modeling scenarios with the river discharge permit will be run with and without assumed industrial demands.

Tasks required bv Citv staff: Review draft deliverables. 158
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Task 5 - Recycled Water System Master Pian Amendment
Based on the evaluations performed as part of Tasks 3 and 4, EKI will develop conclusions and recommendations and document recommended CIPs if needed. EKI will prepare opinions of probable cost for each recommended project. EKI will work with the City to develop criteria for prioritizing these projects. EKI will submit a draft of the updated Conclusions and Recommendations (Section 7) from the 2019 RWSMP.

After City review of each draft RWSMP section prepared in Tasks 2 through 5, EKI will revise and compile each of the sections and prepare a complete draft RWSMP amendment for review by the City and key stakeholders. EKI will submit a final RWSMP amendment that incorporates the City' s and other stakeho der comments.

Deliverables:

Draft of updated Conclusions and Recommendations ( Section 7) section ofthe 2019 RWSMP.

Draft and Final RWSMP amendment ( 2 electronic copies [ PDF and Word versions]) Kev assumptions:

Comments from City and stakeholders on the Draft RWSMP will be minor and will not require additional technical analysis.

EKI assumes that a programmatic EIR is not required but can assist in preparation of the programmatic EIR as part of a separate work authorization.

Tasks required bv Citv staff: Review draft Section 7 and the Draft RWSMP Amendment.

Project Schedule
EKI is available to initiate work upon receiving authorization from the City. A general schedule for Tasks 1 through 5 is presented below.

Task i- Proiect Mana ement and Cnt rdir a# ion i;,'!"
Task 2- H draulic Madel Construction and S tem
Deseription Updates
T sk 3- Updated Recvcled Water 5upply Use a d
Water Balance Evaluatian
Tesk 4- Update Svstem Per€ormance Criteria and
draulic Assessment I
Task 5- Recvded Water System Master Rlan
j r[rft,Sett,v3n 7
raft Masrer P{an Report
P_
Frnor JasterPlara tepart
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Compensation for Consulting services
We propose that compensation for consulting services by EKI be on a time and expense reimbursement basis per our attached current Schedule of Charges, dated 2 January 2022. Based on the proposed Scope of Work described above, our estimated not- to- exceed budget is $ 90, 500 for the base scope Tasks 1 through 5, as foliows by task:

Task 1- Project Management and Communications 10, 200
Task 2- Hydraulic Model Construction and System Description Updates 16, 400 Task 3- Updated Recycled Water Supply, Use, and Water Balance Evaluation 21, 100 Task 4- Update System Performance Criteria and Hydraulic Assessment 17, 000 Task 5- Recycled Water System Master Plan Amendment 25, 800 A detailed budget table is included in Attachment A.

Thank you for the opportunity to work with the City on this project. Please contact Jonathan Sutter at 650- 292- 9099 or jsutter@ekiconsult. com with any questions.

Very truly yours,
EKI ENVIRONMENT& WATER, INC.
421 c( L

1. t`-_
Anona Dutton, PG, CHg J than Sutter, PE
Vice President P oject Manager
Attachments:

A. Estimated Hours and Fee
B. EKI Schedule of Charges, dated 2 January 2022
160
Attachment A- Budget Estimate for Proposed Scope of Work Recycled Water System Master Pian Amendment, 2022 Integrated Water Resources Master Plan Amendment City of Lathrop, California
EKILabor Expenses TOTAL( 3)
c
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133 145 185 230 276 307 ($)
ask 1- Review of Available Information and Initial Meetin s Prepare, Review, and Document Requests for Information 4 2 1 1 1, 514 1, 514 Kickoff Meeting 2 2 1 1, 150 1, 150
Participate in three( 3) progress meetings/ workshops 8 6 6 1 $ 5, 016 5, 016 Prepare and periodically update project schedule 2 1 624 624 Other communications and project management tasks 4 2 1 $ 1, 850 1, 850 Subtotal 0 4 14 14 10 2 $ 10, 155 $ 0 $ 10, 200
ask 2- H draulic Model Construction and 5 stem Descri tion U dates Update hydraulic model for recent and planned system improvements 4 1 1 1, 296 1, 296 Update hydraulic model for recent development expansions 4 1 1 1, 296 1, 296 Update hydraulic model for updated development backbone infrastructure plans 8 2 2 2, 592 2, 592 Incorporate current plans and assumptions related to the River Discharge 8 2 2, 592 2, 592 Verify and update pump curves and other operational settings 6 4 1 1 2, 201 2, 201 Prepare draft update to Section 3 of RWSMP 8 8 8 4 4 1 $ 6, 276 $ 160 $ 6, 436 Subtota 8 14 36 11 11 1 $ 16, 252 $ 160 $ 16, 400
ask 3- U dated Re cled Water Su I Use and Water Balance Evaluation Verify and update acreages for landscape irrigation use with recycled water 2 8 2 1 1 2, 394 $ 40 $ 2, 434 Develop recycled water demand estimates for potential CII users 8 4 4 2 3, 507 3, 507 Update recycled water supply projections based on W WSMP amendment 2 1 624 624 Review and calibrate Recycled Water Balance parameters based on historical data 16 4 4 2 4, 713 4, 713 Prepare updated recycled water balances and verify storage and LI areas 8 4 2 1 2, 741 2, 741 Update tracking tool database 6 2 1 1, 529 1, 529
Prepare draft update to Section 2 and Section 4 of RWSMP 4 12 4 4 4 1 $ 5, 557 5, 557 Subtotal 6 58 22 17 SO 1 $ 21, 065 $ 40 $ 21, 100
ask 4- U date S stem Performance Criteria and H dreulic Assessment Review and Update performance criteria 4 2 2 1, 822 1, 822 Perform steady- state hydraulic modeling analysis to identify deficiencies 20 4 2 5, 379 5, 379 Compare results against IWRMP and evaluate proposed system improvements 8 4 1 2, 783 2, 783 Prepare draft update to Section 5 and Section 6 of RWSMP 8 4 12 8 2 1 $ 6, 826 $ 160 $ 6, 986 Subtotal 8 4 44 18 7 1 $ 16, 810 $ 190 $ 17, 000
ask 5- Rec cled Water 5 stem Master Plan Amendment
Develop updated cost factors and opinions of probable costs 8 12 4 2 5, 046 5, 046 Develop project prioritization strategy and prioritize identified projects 8 2 1 2, 305 2, 305 Prepare Draft Section 7 from RWSMP 8 8 12 4 1 5, 866 $ 160 $ 6, 186 Prepare Draft Master Plan Report 8 12 8 6 2 1 $ 6, 784 $ 410 $ 7, 354 Prepare Final Master Plan Report 8 8 4 4 1 4, 326 $ 410 $ 4, 896 Subtotal 24 36 44 20 7 1 $ 24, 327 $ 980 $ 25, 800
TOTAL: 46 116 160 SO 45 6 $ 85, 608 $ 1, 370 $ 90, 500
Notes:
1) A communications charge of 4% of labor costs covers e- mail access, web conferenting, tellphone calls, messaging and data access, file sharing, local and long distance telephone calls and conferences, facsimile transmittals, standard delivery U. S. postage, and incidental in- house copying. 2)" Other Direct Costs" includes direct expenses, as listed below, incurred in connection with the work and will be reimbursed at cost plus ten percent( 10%) for items such as:
a. Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, drillers, laboratories, and contractors. c. Rented vehicles, local public transportation and taxis, travel and subsistence. d. Special fees, insurance, permits, and licenses applicable to the work. e. Outside computer processing, computation, and proprietary programs purchased for the work. 2) Task subtotals rounded to the nearest hundred dollars.

February 2022
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Client/ Address: City of Lathrop
390 Towne Centre Drive,
eki environment
Lathrop, CA 95330 WQtgr
Proposal/ Agreement Date: 25 February 2022 EKI Proposal/ Project# CO- 161 SCHEDULE OF CHARGES FOR EKI ENVIRONMENT& WATER, INC. 2 January 2022 Personnel Classification Hourly Rate
Officer and Chief Engineer- Scientist 307
Principal Engineer- Scientist 296
Supervising I, Engineer- Scientist 286
Supervising II, Engineer- Scientist 276
Senior I, Engineer- Scientist 265
Senior II, Engineer- Scientist 255
Associate I, Engineer- Scientist 244
Associate II, Engineer- Scientist 230
Engineer- Scientist, Grade 1 214
Engineer- Scientist, Grade 2 202
Engineer- Scientist, Grade 3 185
Engineer- Scientist, Grade 4 165
Engineer- Scientist, Grade 5 145
Engineer- Scientist, Grade 6 128
Project Assistant 130
Technician 116
Senior GIS/ Database Analyst 150
CADD Operator/ GIS Analyst 133
Senior Administrative Assistant 147
Administrative Assistant 115
Secretary 96
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work will be at cost plus ten percent( 10%) for items such as:
a. Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, drillers, laboratories, and contractors. c. Rented vehicles, local public transportation and taxis, travel, and subsistence. d. Special fees, insurance, permits, and licenses applicable to the work. e. Outside computer processing, computation, and proprietary programs purchased for the work.

Reimbursement for company- owned automobiles, except trucks and four- wheel drive vehicles, used in connection with the work will be at the rate of sixty cents($ 0. 60) per mile. The rate for company- owned trucks and four-wheel drive vehicles will be seventy- five cents($ 0. 75) per mile. There will be an additional charge of thirty dollars($ 30. 00) per day for vehicles used for field work. Reimbursement for use of personal vehicles will be at the federally allowed rate plus fifteen percent( 15%).

Rate for professional staff for legal proceedings or as expert witnesses will be at a rate of one and one- half times the Hourly Rates specified above.

The foregoing Schedule of Charges is incorporated into the Agreement for the Services of EKI Environment& Water, Inc. and may be updated annually.
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EXHIBIT C
Q environment
c & water
Corporate Office
2001 Junipero Serra Boulevard, Suite 300
Daly City, CA 94014
650) 292- 9100
ekiconsult. com
25 February 2022
Greg Gibson
Senior Civil Engineer
City of Lathrop— Public Works Department
390 Towne Centre Drive
Lathrop, CA 95330
Subject: Proposal for Wastewater System Master Plan Amendment, 2022 Integrated Water Resources Master Plan Amendment
City of Lathrop, California
EKI CO- 161)
Dear Mr. Gibson,
EKI Environment& Water, Inc. ( EKI) is pleased to submit this proposal for consulting services to assist the City of Lathrop( City) to prepare an amendment to its 2019 Wastewater System Master Plan ( WWSMP) as part of a comprehensive update to the City' s 2019 Integrated Water Resources Master Plan ( IWRMP).

Project Understanding and Background
EKI understands that the City is interested in completing a comprehensive amendment to the IWRMP.

The existing IWRMP, which includes the City' s Water System Master Plan, Wastewater System Master Plan, and Recycled Water System Master P an, was completed by EKI in December 2018 and approved by the City Council in December 2019 after a California Environmental Quality Act (CEQA) process.l Since the IWRMP was completed, new information has become available and certain planning assumptions have changed that require an amendment to the IWRMP, including the following:

Water Demand and Wastewater Flow Information: EKI performed an update to the City' s unit water demand factors and water demand projections in July 2020 to support the River Islands Phase 2 development Water Supply Assessment, which were later incorporated into the City' s 2020 Urban Water Management Plan ( UWMP). The updated demand evaluation was based on the City' s water use patterns observed since the 2014- 2017 drought and updated development projections, which have changed most significantly in the River Islands development area. The updated analysis projected a significantly lower future water demand compared to the IWRMP, which was based on the City' s pre- drought water use patterns. 1 Final Council- approved IWRMP is dated December 2019, but content is consistent with December 2018 Draft IWRMP. Existing WWSMP is referred to as the 2019 WWSMP, herein.

Davis, CA• Marin, CA• Oakland, CA• Roseville, CA• Irvine, CA Centennial, CO• Glastonbury, CT• Holyoke, MA• Saratoga Springs, NY 163
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It is anticipated that similar changes have occurred with the City' s wastewater flow patterns, which calls for an update to the City' s wastewater flow factors and wastewater generation projections. As part of the proposed scope, EKI will conduct wastewater flow monitoring at various locations across the City to: (1) support the reevaluation of wastewater flow factors, and 2) attempt to capture a major storm event, which did not occur during the 2018 flow monitoring event.
n addition, ongoing legislation of the supplier annual water use objectives may further reduce the City' s projected water demand and wastewater flows. The Department of Water Resources DWR) and the State Water Resources Control Board ( SWRCB) submitted a report in November 2021 recommending the indoor water use efficiency standards to be reduced to 42 gallons by 2030 and beyond. The amended IWRMP will assess the implication of the ongoing legislation.

New Development Facility Plans: The Lathrop City Council approved the modified River Islands Phase 2 project on June 14, 2021. The project includes land uses changes for new development in the River Islands development area and expansion of the City' s distribution system. The project' s master planning documents including potable water, non- potable water, and wastewater facility technical reports were completed in November 2020. The amended IWRMP will need to incorporate wastewater flows and associated infrastructure for planned new development and evaluate their impacts on the overall system.

General Plan Update: The City has initiated a General Plan Update and filed a Notice of Preparation for the Environmental Impact Report in October 2021. The City anticipates completing the General Plan Update in 2022. The growth projections in amended IWRMP will be consistent with those included in the General Plan Update.

To support use of recycled water for landscape irrigation, the City obtained coverage under General Order WQ- 2019- 0058- DDW- R5017 and submitted a Title 22 Report Addendum in 2020.

As part of the IWRMP amendment, EKI will also update and recalibrate the City' s water, wastewater, and recycled water hydraulic models to incorporate recent infrastructure improvements and system expansions, updated demand and flow projections, and current operational strategies. Based on updated hydraulic evaluations, EKI will amend the City' s capital improvement program ( CIP) for each system. EKI will also update the existing Tracking Tool Database to track available water supply, wastewater treatment, and wastewater disposal capacity for each developer. 164
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Proposed Scope of Work
EKI proposes the following tasks as part of this scope of work to amend the City' s 2019 WWSMP as part of a comprehensive amendment to the City' s 2019 IWRMP.

Task 1 - Project Management and Coordination
EKI will provide project management and general consultation services to the City. This task includes coordination and communications with City staff, general consultation, and technical project management services. Frequent and clear communication with the City throughout the development of the WWSMP update will be important to ensure that the plan meets the City' s expectations and stays on schedule. Specific tasks include:

Information Mana ement: Specific information will be required for amending the WWSMP. EKI will prepare a list of information requests and submit the list to City staff. EKI will compile and review information. Information requests are expected to include:
o Current and projected land use information that reflects new development and the proposed General Plan Update;
o Records of recent wastewater allocation( ISU/ ECU) transfers since the 2019 Tracking Too) development;
o Current screenshots of Supervisory Control and Data Acquisition (SCADA) system HumanMachine Interface ( HMI) showing operational setpoints for each wastewater system facility;
o SCADA historian data in 5- minute polling intervals or less for pump station flow, wet well levels, and other available flow meters since 2017;
o Record drawings or AutoCAD drawings for wastewater system improvements completed since 2018 or design drawings for projects currently under construction; o Updated water system geodatabase that incorporates all of the improvements completed since 2018; and,
o Recent wastewater system utility planning documents for new development.

This information request will be coordinated with the information needed for the Water System Master Plan ( WSMP) and the Recycled Water System Master Plan ( RWSMP).

Kickoff Meetin: At the kick- off ineeting, EKI and City staff will discuss project goals, opportunities, constraints, information needs, roles, responsibilities, the schedule, and expectations. As part ofthe meeting, EKI and Citystaffwill review and document new information since the 2019 IWRMP, including major infrastructure improvements, planning assumptions, supply estimates, and demand estimates. The team will assess impacts of the new information on master planning, revisit planning horizons, identify key analyses to be conducted as part of the IWRMP update and potential alternatives. As discussed in Task 3, EKI will also review the flow monitoring plan as part of the kickoff ineeting. EKI assumes this kickoff ineeting will be combined with the kickoff ineeting for the WSMP and RWSMP amendments.

Workshops/ Pro ress Meetin s: EKI will schedule and attend up to three ( 3) workshops or progress meetings with City staff and other stakeholders to review project status, preliminary results, and to solicit feedback for key project decisions. For all meetings, we will be responsible 165
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for preparing and distributing meeting notices, agendas, and minutes. EKI assumes these progress meetings will be combined with meetings for the WSMP and RWSMP amendments.

Project Schedule: We will prepare the project critical path schedule and will provide the City schedule updates as needed.

Prolect Communications and Proiect Mana ement Tasks: We will perform other project management tasks including as- needed communications and general consulting services, budget tracking, and invoicing. We will provide a budget and progress summary reports to the City with each invoice.

Deliverables:

Information request log.

Meeting agendas, presentations, and minutes.

Monthly budget and progress summary reports.

Key assumptions:

The initial data request will be combined with the requests for the WSMP and the RWSMP.

Kickoff and progress meetings will be held remotely over video conference.

Tasksrepuired byCitystaff' Fulfill data requests in accordance with schedule expectations and participate in meetings.

Task 2 - Hydraulic Model Construction and System Description Updates As part of this task, EKI will update the City' s hydraulic model construction and update the description of the existing system included in Section 3 of the 2019 WWSMP. EKt will perform the following subtasks:

Update the wastewater system hydraulic model network to incorporate system improvements completed since the IWRMP orthose currently in design or construction.

Update the existing wastewater system hydraulic model network to incorporate system expansions related to new development since the IWRMP, including verifying ground surface and pipeline elevations in these areas based on publicly available data.

Update the backbone wastewater system infrastructure included in the future hydraulic model for future development areas based on recent utility plans completed by developers ( e. g., the November 2020 River Islands facility technical reports).

Verify operational settings with City operations staff and update settings in the hydraulic model for all pump stations.

Perform validation model runs to ensure connectivity and model convergence.

Update the existing system description included in Section 3 of the 2019 WWSMP.

Deliverables:

Updated wastewater system geodatabase exported from the updated hydraulic model.

Draft of revised existing system description ( Section 3) from the WWSMP including tables of facility data attribute information and figures.
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Key assumptions:

City will provide the updated geodatabase for the current distribution system and all as- built records for recent and current improvements in AutoCAD or PDF format.

City will provide current operational setpoints via SCADA HMI exports and operations staff will be available to answer questions.

Tasks repuired by Citv staff• Provide relevant GIS data and as- built records and verify operational set points.

Task 3 - Flow Monitoring
EKI will conduct temporary flow monitoring at up to ten ( 10) locations across the City. At each location, a flow meter will be installed to monitoring wastewater flows over a one- month ( i. e. 30- day) period during Winter/ Spring 2022, in an attempt to collect data during at least one rainfall event. EKI will work with City staff to review 2018 and 2019 flow monitoring locations and select monitoring sites that are representative of each major land use category. EKI will prepare a monitoring plan that summarizes the approach and strategy for selection of flow monitoring sites. Due to the anticipated project schedule, this plan will be developed immediately following notice to proceed and will be reviewed with the City during the kickoff ineeting.

EKI will team with Total Flow, Inc. ( TFI) to install, calibrate, monitor, and remove flow monitoring equipment and collect and report data. Specific work to be performed by TFI at each location includes the following:

Pre- monitoring inspection to confirm hydraulic suitability, take photos and videos, make measurements, make notes of each potential site, and propose alternative sites, if necessary.

Rental, installation, and calibration of Hach FL900 flow meters at each site.

Installation of a continuous event recording rain gauge.

Weekly maintenance of ineters and rain gauges and bi- weekly calibration offlow monitors.

Weekly review of velocity-depth scatterplots to confirm meter sensor are performing and not drifting.

Preparation of a monitoring report and provision of raw data in excel format.

EKI anticipates flow monitoring will begin in March 2022. Flow monitoring data collected under this task will support evaluation of wastewater flow factors and wet weather peaking factors in Task 4. EKI will update Appendix F of the 2019 WWSMP with the 2022 flow monitoring results.

Deliverables:

Flow monitoring plan that summarizes the approach and strategy for selection of flow monitoring sites.

Raw monitoring data in Excel format.

Draft of updated Appendix F ( Temporary Flow Monitoring Results) of the WWSMP including a flow monitoring report and figures.
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Key assumptions:

EKI and TFI will install up to ten ( 10) meters and one rain gauge at selected sites for a period of one month( 30 days). Flow monitoring may be extended a weekly basis for selected meters, under additional scope and budget, if a significant rain event is not captured within the first month.

Tasks repuired by City staff: Meet with EKI staff to review the flow monitoring plan ( during a progress meeting).

Task 4- Wastewater Flow Evaluation, Model Flow Realiocations, Model Calibration, and Tracking Tool Update
This task will update the wastewater flow and peaking factors used in the model, perform model calibrations, and update the relevant sections in the 2019 WWSMP.

EKI will perForm the following subtasks to evaluate and verify unit wastewater flow factors:

Review and process pump station SCADA data.

Calculate unit wastewater flow factors for each representative land use using City biliing data, pump station SCADA data, and flow monitoring data collected underTask 3.

Reallocate parcel- by- parcei wastewater flow in the model based on updated flow evaluation and geocode and allocate flows associated with new development added since the prior hydraulic model update.

Reallocate near-term future, long- term future, and buildout wastewater generation within the future hydraulic models based on the updated flow factor evaluation.

Create modeling inputs for existing, near- term, future, and buildout conditions.

Perform dry weather model calibration by comparing modeled ffows to observed flows from flow monitoring and verify unit wastewater flow factors.

Update parcel- level wastewater flow altocation data in Tracking Tool database, including tracking of ISU/ ECU wastewater allocations.

EKI will perForm the following subtasks to evaluate and calibrate peak wet weather flow( PWWF):

Evaluate PWWF peaking factors using flow monitoring ( if available) and pump station SCADA data.

If a significant wet weather response was captured during temporary flowing monitoring, review the applicability of another rainfall- derived infiltration and inflow ( RDII) calibration model, perform wet weather model calibration using an applicable RDII model, and develop groundwater infiltration and RDII parameters for each drainage area.

EKI will perform the following to update the 2019 WWSMP:

Update Wastewater Generation Factor Evaluation ( Appendix A) and Wastewater Peaking Factor Evaluation ( Appendix B) from the 2019 WWSMP.

Update Study and Water Service Area ( Section 2) and Existing and Future Wastewater Generation Section 4) from the 2019 WWSMP.
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Deliverables:

Updated Tracking Tool database with updated parcel- level wastewater allocation data.

Draft of updated Wastewater Generation Factor Evaluation ( Appendix A) and Wastewater Peaking Factor Evaluation ( Appendix B) from the 2019 WWSMP with tables and figures summarizing wastewater flow factor and peaking factor evaluation, including calibration results.

Draft of revised Study and Water Service Area ( Section 2) and Existing and Future Wastewater Generation ( Section 4) sections from the 2019 WWSMP including all tables and figures.

Key assumptions:

The Tracking Tool database updates will be prepared in conjunction with efforts included in the scopes of work for the RWSMP and WSMP amendments.

SCADA data is available in less than 10- minute intervals for each pump station and tank.

Tasks required by City staff: Provide SCADA data and review draft deliverables.

Task 5 - Modeling Analysis to Evaluate System Performance Following model calibration, EKI will utilize the updated model to evaluate the capacity of the overall wastewater system under existing and future PWWF conditions. EKI will compare results with the updated hydraulic model to those presented in the 2019 IWRMP and determine whether the results affect any of the improvement projects presented in the IWRMP.

Additionally, EKI will evaluate the capacities of the City' s existing and future treatment facilities based on updated wastewater generation projections. EKI will also evaluate the capacity of storage and pumping facilities under PWWF conditions based on established performance criteria. EKI will compare existing available capacities against current and projected capacity requirements, based on the established performance criteria and the existing and projected flows, and identify whether storage and/ or pumping capacity is needed.

To address any newly identified deficiencies, EKI will develop and model potential wastewater system improvements and/ or operational changes. EKI will prepare figures showing modeling results for the existing, near-term, future, and buildout scenarios and the proposed improvements, highlighting any changes from the 2019 IWRMP. EKI will update Section 6 of the 2019 WWSMP based on the results of the analysis.

Deliverables: Draft of updated Hydraulic Assessment of the Collection System ( Section 6) of the 2019 WWSMP, including updated tables and figures.

Kev assumptions: EKI assumes that the performance criteria established in Section 6 of the 2019 WWSMP will not change.

Tasks required by City staff: Review draft deliverables.

Task 6 - Wastewater System Master Plan Amendment
Based on the evaluations performed as part of Task 5, EKI will develop a revised recommended CIP. EKI will update cost factors based on the current construction market and update opinions of probable cost 169
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for each project. EKI will work with the City to develop criteria for prioritizing these projects and will establish project priorities based on this criteria. EKI will submit a draft of the updated Recommended CIPs ( Section 7) and Recommended CIP details ( Appendix E) from the 2019 WWSMP.

After City review of each draft WWSMP section prepared in Tasks 2 through 6, EKI will revise and compile each of the sections and prepare a complete draft WWSMP amendment for review by the City and key stakeholders. EKI will submit a final WWSMP amendment that incorporates the City' s and other stakeholder comments.

Deliverables:

Draft of updated Recommended Capital Improvement Projects( Section 7) and Recommended CIP details ( Appendix E) of the 2019 WWSMP.

Draft and Final WWSMP amendment( 2 electronic copies [ PDF and Word versions]) Key assumptions:

Comments from City and stakeholder on Draft WWSMP will be minor and will not require additional technical analysis.

EKI assumes that a programmatic EIR is not required but can provide technical support in preparation of a programmatic EIR as part of a separate work authorization.

Tasks required by City staff: Review draft Section 7 and the Draft WWSMP Amendment.

Project Schedule
EKI is available to initiate work upon receiving authorization from the City. A general schedule for Tasks 1 through 6 is presented below.

Taski- RroleckMana ementen fCr crrdinatic n " i
a.,,.

Gt. w
iTask 2- Hydrauiic Madel Construction and System
De€ ription llpdates
Task 3- Flow A1lonike rin
iTask 4— Wastewater FIQw Flow Evaluatian, Model
Flow Reall c:atiQns, McRdel Calibration, and
Trackin Tao) Update
Task 5— Mca delirr Analysis ta Eualuate System
Rer#arrnance
Task 5- Wastewater Syste l Master Plan
Amendm nt
Draft Ser ian 7( C'tP)
i3raft Mdster Pks.n Re ort
Final Master Plan Report
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Compensation for Consulting Services
We propose that compensation for consulting services by EKI be on a time and expense reimbursement basis per our attached current Schedule of Charges, dated 2 January 2022. Based on the proposed Scope of Work described above, our estimated not- to- exceed budget is $ 183, 400 for Tasks 1 through 6, as follows by task:

Task 1- Project Management and Communications 11, 200
Task 2- Hydraulic Model Construction and System Description Updates 22, 200 Task 3- Flow Monitoring 59, 200
Task 4- Wastewater Flow Evaluation, Model Flow Reallocations, Model Calibration, and Tracking Tool Update
41, 400
Task 5- Modeling Analysis to Evaluate System Performance 20, 900 Task 6- Wastewater System Master Plan Amendment 28, 500 A detailed budget table is inciuded in Attachment A.

Thank you for the opportunity to work with the City on this project. Please contact Jonathan Sutter at 650- 292- 9099 or jsutter@ekiconsult. com with any questions.

Very truly yours,
EKI ENVIRONMENT& WATER, INC.
1 I c+ l< f.,._'
Anona Dutton, PG, CHg nathan Sutter, PE
Vice President Project Manager
Attachments:

A. Budget Estimate for Proposed Scope of Work
B. EKI Schedule of Charges, dated 2 January 2022
171
Attachment A- Budget Estimate for Proposed Scope of Work Wastewater System Master Plan Amendment, 2022 Integrated Water Resources Master Plan Amendment City of Lathrop, California
EKILabor Expenses TOTAL 3)
a v
C N
I my o E
v , m a c o 0 0
C
TASKS
L' UQ
u
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y
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Q
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y '
a
I Q v m U ' p V V
U
F ro L
V l7 I Q a Q a O d U O
133 165 , 230 276 307 ($)
ask 1- Review of Available Information and Initial Meetin s I Prepare, Review, and Document Requests for Information 4 I, 2 1, 165 0 1, 165 Kickoff Meeting 2 2 2 1 $ 1, 715 0 1, 715
Participate in three( 3) progress meetings/ workshops 12 6 6 5, 217 0 5, 217 Prepare and periodically update project schedule 2 ' 1 582 0 582 Other communications and project management tasks 8 2 $ 2, 552 0 2, 552 Subtotal 0 20 I 19 8 3 $ 11, 231 0 11, 200
ask 2- H dreulic Model Construction and S stem Descri tion U dates Update hydraulic model for recent system improvements 16 2 1 3, 511 0 3, 511 Update hydraulic model for recent development expansions 24 2 1 4, 884 0 4, 884 Update hydraulic model for updated development backbone infrastructure plans 20 2 1 4, 197 0 4, 197 Verify and update operational settings 8 2 1 2, 138 0 2, 138 Perform model validation runs 8 2 1 2, 138 0 2, 138
Prepare draft update to Section 3 of WWSMP 4 16
i 4 2 1 $ 5, 149 80 5, 309
Subtotal 4 92
I
14 7 1 $ 22, 018 $ 100 $ 22, 200
ask 3- Flow Monitorin
Develop and review Flow Monitoring Plan with City staff 10 20 I 4 2 1 $ 6, 665 $ 200 $ 7, 065 Perform flow monitoring 16 z Ss, zza 5aa, sso Sa, a
Prepare data submittal and QA/ QC 4 2 1, 165 0 1, 165
Prepare draft update to Appendix F of WWSMP 8 8 2 1 3, 245 0 3, 245 Subtotal 18 48 I 10 3 1 $ 14, 299 $ 44, 800 $ 59, 200
ask 4- Wastewater Flaw Flow Evaluation Model Flow Reallocations Model Calibration and Trackin Tool U date Review and process pump station SCADA data 16 ' 6 4, 181 0 4, 181 Calculate and verify unit wastewater flow factors 2 24 '' I 8 2 1 $ 7, 202 40 7, 282
Reallocate parcel- level flow in model 2 16 2 1 3, 788 40 3, 868 Update parcel- level wastewater allocation data in tracking tool database S 2 1, 851 0 1, 851 Reallocate wastewater generation for near- term, long- term, and buildout future scenarios 12 ' i 2 2, 538 0 2, 538 Create modeling input sets for each scenario q i 1 1 1, 213 0 1, 213 Perform dry weather calibration q z 1 1, 452 0 1, 452
Evaluate peak wet weather flow peaking factors 16 I 4 2 4, 276 0 4, 276 Perform wet weather calibration 8 ' 2 1 2, 138 0 2, 138 Prepare updated Appendices A and B p ' g q g 6, 813 0 6, 813 Prepare draft update to Se tions 2 and 4 of WWSMP 4 20 4 2 1 $ 5, 835 80 5, 835 Subtotal 8 148 i 41 14 3 $ 41, 287 $ 200 $ 41, 400
ask 5- Modelin Anal sis to Evaluate S stem Performance
Perform steady- state hydraulic modeling analysis to identify deficiencies 12 , 4 3, 016 0 3, 016 Compare results against IWRMP and evaluate proposed system improvements 12 I 4 1 3, 303 0 3, 303 Prepare updated treatment, storage, and pumping capacity evaluation 12 8 1 1 $ 4, 579 0 4, 579 Prepare draft update to Sedion 6 of WWSMP 16 20 , 12 4 1 $ 9, 983 $ 320 $ 9, 983 Subtotal 16 56 . 28 6 2 $ 20, 881 $ 400 $ 20, 900
ask 6- Wastewater 5 stem Master Plan Amendment
Develop updated cost factors and opinions of probable costs 20 ' i 4 8 6, 685 0 6, 685 Develop project prioritization strategy and prioritize identified projects 6 ' 4 1 2, 273 0 2, 273 Prepare Draft Section 7 and Appendix E from WWSMP 16 16 4 2 6, 490 $ 320 $ 6, 810 Prepare Draft Master Plan Report 8 16 8 4 1
Prepare final Master Plan Report 4- 1 2
7, 233 $ 410 $ 7, 643_
4, 697 $ 410 $ 5, 107
Subtotal 32 o I za i 1 gv,s s $ i,zoo gza, soo
TOTAL: 78 434 136 55 11 $ 137, 094 $ 46, 480 $ 183, 400 Feburary 2022
CO- 161) Page 1 of 2 EKI Environment& Water, Inc.
172
Attachment A- Budget Estimate for Proposed Scope of Work Wastewater System Master Plan Amendment, 2022 Integrated Water Resources Master Plan Amendment City of Lathrop, California
Notes:
1) A communitations charge of 4% of labor tosts covers e- mail access, web conferencing, cellphone calls, messaging and data actess, fle sharing, local and long distance telephone calis and conferences, facsimile transmittals, standard delivery U. S. postage, and incidental in- house copying. 2)" Other Direct Costs" includes direct expenses, as listed below, incurred in connection with the work and will be reimbursed at cost plus ten percent( 10%) for items such as:
a. Maps, photographs, reprodudions, printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, drillers, laboratories, and tontractors. c. Rented vehicles, local public transportation and taxis, travel and subsistence. d. Special fees, insurante, permits, and licenses applitable to the work. e. Outside computer processing, computation, and proprietary programs purthased for the work. 2) Task subtotals rounded to the nearest hundred dollars.

Feburary 2022
CO- 161) Page 2 of 2 EKI Environment& Water, Inc.
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Client/Address: City of Lathrop
390 Towne Centre Drive, eki
environment
Lathrop, CA 95330 water
Proposal/ Agreement Date: 25 February 2022 EKI ProposallProject# CO- 161 SCHEDULE OF CHARGES FOR EKI ENVIRONMENT& WATER, INC. 2 January 2022 Personnel Classification Hour y Rate
Officer and Chief Engineer- Scientist 307
Principal Engineer- Scientist 296
Supervising I, Engineer- Scientist 286
Supervising II, Engineer- Scientist 276
Senior I, Engineer- Scientist 265
Senior II, Engineer- Scientist 255
Associate I, Engineer- Scientist 244
Associate II, Engineer- Scientist 230
Engineer- Scientist, Grade 1 214
Engineer- Scientist, Grade 2 202
Engineer- Scientist, Grade 3 185
Engineer- Scientist, Grade 4 165
Engineer- Scientist, Grade 5 145
Engineer- Scientist, Grade 6 128
Project Assistant 130
Technician 116
Senior GIS/ Database Analyst 150
CADD Operator/ GIS Analyst 133
Senior Administrative Assistant 147
Administrative Assistant 115
Secretary 96
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work will be at cost plus ten percent( 10%) for items such as:
a. Maps, photographs, reproductions, printing, equipment rental, and special supplies related to the work. b. Consultants, soils engineers, surveyors, drillers, laboratories, and contractors. c. Rented vehicles, local public transportation and taxis, travel, and subsistence. d. Special fees, insurance, permits, and licenses applicable to the work. e. Outside computer processing, computation, and proprietary programs purchased for the work.

Reimbursement for company- owned automobiles, except trucks and four- wheel drive vehicles, used in connection with the work will be at the rate of sixty cents ($ 0. 60) per mile. The rate for company- owned trucks and four- wheel drive vehicles will be seventy- five cents ($ 0. 75) per mile. There will be an additional charge of thirty dollars($ 30. 00) per day for vehicles used for field work. Reimbursement for use of personal vehicles will be at the federally allowed rate plus fifteen percent( 15%).

CADD Computer time will be charged at twenty dollars ($ 20. 00) per hour. In- house material and equipment charges will be in accordance with the current rate schedule or special quotation. Excise taxes, if any, will be added as a direct expense.

Rate for professional staff for legal proceedings or as expert witnesses will be at a rate of one and one- half times the Hourly Rates specified above.

The foregoing Schedule of Charges is incorporated into the Agreement for the Services of EKI Environment& Water, Inc. and may be updated annually.
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ITEM 4. 6

CITY MANAGER' S REPORT
APRIL li, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF AMENDMENT NO. 4 FOR

PROFESSIONAL SERVICES AGREEMENT FOR

THE MANTHEY ROAD BRIDGE REPLACEMENT
PROJECT, CIP PS 12- 04
RECOMMENDATION: Adopt Resolution Approving Amendment No. 4 for Professional Services Agreement with
WSP USA, Inc. for the Manthey Road Bridge
Replacement Project, CIP PS 12- 04
SUMMARY:

The existing Manthey Road Bridge across the San Joaquin River was built in 1926 and identified by Caltrans for rehabilitation or replacement to maintain public safety. The City applied for and received funding from the Federal Highway Administration ( FHWA) through the Highway Bridge Program ( HBP). Caltrans administers the Federal funding on behalf of FHWA and oversees the environmental clearance process.

Recently, Caltrans requested additional services to complete the environmental clearance process that were not previously identified. These services include:

Programmatic Agreement ( PA) with the Cultural Studies Office ( CSO) Cultural Resources Management Plan ( CRMP),
Post Review Discovery and Monitoring Plan ( PRDP)
Engineering analysis associated with RD 17 access requirements Location Hydraulic Study Report Amendment
Staff is requesting Council approve Amendment No. 4 with WSP to provide additional services and extend the term of the Agreement until June 30, 2023. The cost for the additional services is $ 86, 900 which has been budgeted in the Manthey Road Bridge Replacement Project CIP PS 12- 04.

BACKGROUND:

On February 3, 2014, Council approved a contract with WSP in the total amount of 1, 411, 350 for Preliminary Engineering and Environmental Services associated with the Manthey Road Bridge Replacement Project CIP PS 12- 04. The existing bridge across the San Joaquin River was built in 1926 and identified by Caltrans for rehabilitation or replacement to maintain public safety. The project will replace the existing Manthey Road Bridge which is located approximately 0. 3 miles northeast of Stewart Road.
175
CITY MANAGER' S REPORT PAGE 2
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF AMENDMENT NO. 4 WITH WSP USA, INC. FOR

PROFESSIONAL SERVICES AGREEMENT FOR THE MANTHEY ROAD BRIDGE REPLACEMENT PROJECT, CIP PS 12- 04
On July 20, 2015, Council approved Amendment No. 1 to amend the original project scope and include the preparation of an Extended Phase I ( XPI) cultural survey, a Feasibility Study, and a Water Quality Assessment Report per Caltrans direction. The cost of including the additional services was $ 162, 019 and included in the FY 15/ 16 budget for the Manthey Road Bridge Replacement Project PS 12- 04.

In order to expand the technical studies, continue the Extended Phase I ( XPI) cultural survey, and prepare a higher class of action for National Environmental Policy Act ( NEPA) compliance, Council approved Amendment No. 2 with WSP on April 9, 2018. The total amount for Amendment No. 2 was $ 330, 957 with a termination date of June 30, 2019. However, more time was needed for the completion of the original scope of services and the City extended the term of the Agreement by an additional 36 months through a letter agreement known as Amendment No. 3. No additional cost was identified and the new termination date would be June 30, 2022.

The Professional Consulting Services Agreement to Provide Preliminary Engineering and Environmental Compliance Services for the Manthey Road Bridge Replacement Project, CIP PS 12- 04 ( Agreement") dated February 3, 2014, Amendment No. 1 dated ) uly 20, 2015, Amendment No. 2 dated April 9, 2018, and letter agreement known as Amendment No. 3 dated May 20, 2020 between the City of Lathrop and WSP USA, Inc. ( formerly Parsons Brinckerhoff, Inc.) has a termination date of June 30, 2022. Additional time is needed for WSP USA, Inc. ( WSP) to complete the original scope of services detailed in the Agreement and Amendments.

To satisfy the requirements from Caltrans Cultural Studies Office ( CSO), a projectspecific Programmatic Agreement ( PA) is needed to address archaeological sensitivity. The project would have no effect on built environment resources. WSP will also need to perform additional preliminary engineering and cost estimates to evaluate the cost impact to the project due to elimination of the Reinforced Concrete Box ( RCB). Eliminating the RCB would require raising and lengthening the proposed bridge.

Staff is requesting Council approve Amendment No. 4 with WSP to provide additional coordination services ( detailed in Attachment B) and extend the term of the Agreement until June 30, 2023.

REASON FOR RECOMMENDATION:

Staff is requesting Council to approve Amendment No. 4 between the City of Lathrop and WSP USA, Inc. to provide the additional coordination services needed and extend the term of the Agreement by an additional 12 months, such that the new termination date will be June 30, 2023. The proposed Amendment No. 4 will also include an amendment to add the cost of $ 86, 900 for the additional services needed.
176
CITY MANAGER' S REPORT PAGE 3
APRIL li, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF AMENDMENT NO. 4 WITH WSP USA, INC. FOR

PROFESSIONAL SERVICES AGREEMENT FOR THE MANTHEY ROAD BRIDGE REPLACEMENT PROJECT, CIP PS 12- 04
FISCAL IMPACT:

The cost for the additional services is $ 86, 900, which has been budgeted in the Manthey Road Bridge Replacement Project CIP PS 12- 04.

ATTACH M ENTS:

A. Resolution Approving Amendment No. 4 for Professional Services Agreement with WSP USA, Inc. for the Manthey Road Bridge Replacement Project, CIP PS 12- 04
B. Contract Amendment No. 4 with WSP USA, Inc.
177
CITY MANAGER' S REPORT PAGE 4
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF AMENDMENT NO. 4 WITH WSP USA, INC. FOR

PROFESSIONAL SERVICES AGREEMENT FOR THE MANTHEY ROAD BRIDGE REPLACEMENT PRO] ECT, CIP PS 12- 04
APPROVALS:
3 . t9 loss
An rca Date
Assistant Engineer
3 • I • Zo 2 2
Michael King Date
Direc r of Public Works
Cari J es ', Date
Finance Direct
3- 3 - ZOz
Salvador Navarrete Date
City Attorney
y-- F' 4' ZZ
Stephen J. Salvatore Date
City Manager
178
RESOLUTION NO. 22 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AMENDMENT NO. 4 FOR PROFESSIONAL SERVICES
AGREEMENT WITH WSP USA, INC. FOR THE MANTHEY ROAD BRIDGE REPLACEMENT PRO7ECT, CIP PS 12- 04
WHEREAS, on February 3, 2014, Council approved a Professional Consulting Services Agreement with WSP USA, Inc. ( formerly Parsons Brinckerhoff, Inc.) in the total amount of $ 1, 411, 350 for Preliminary Engineering and Environmental Services associated with the Manthey Road Bridge Replacement Project, CIP PS 12- 04; and WHEREAS, on ] uly 20, 2015, Council approved Amendment No. 1 to amend the original project scope and include the preparation of an Extended Phase I ( XPI) cultural survey, a Feasibility Study, and a Water Quality Assessment Report per Caltrans direction, in the amount of $ 162, 019; and
WHEREAS, in order to expand the technical studies, continue the Extended Phase I ( XPI) cultural survey and prepare a higher class of action for National Environmental Policy Act ( NEPA) compliance, Council approved Amendment No. 2 with WSP on April 9, 2018, in the amount of $ 330, 957; and WHEREAS, the termination date for Amendment No. 2 was on June 30, 2019. However, more time was needed for the completion of the original scope of services and the City extended the term of the Agreement by an additional 36 months through a letter agreement known as Amendment No. 3 dated May 20, 2020. No additional cost was identified and the new termination date would be June 30, 2022; and
WHEREAS, a project- specific Programmatic Agreement ( PA) will be needed in order to satisfy the requirements from the California Department of Transportation ( Caltrans) Cultural Studies Office ( CSO); and WHEREAS, in response to Caltrans Division of Local Assistance, WSP USA, Inc. ( WSP) will also need to provide additional coordination services that include preliminary engineering and cost estimates to evaluate the cost impact to the project due to elimination of the Reinforced Concrete Box ( RCB); and WHEREAS, staff is requesting Council approve Amendment No. 4 with WSP to provide additional coordination services ( detailed in Attachment 6) and extend the term of the Agreement until June 30, 2023; and
WHEREAS, the cost for the additional services is $ 86, 900 which has been budgeted in the Manthey Road Bridge Replacement Project, CIP PS 12- 04.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Amendment No. 4 with WSP to provide additional coordination services ( detailed in Attachment B) and extend the term of the Agreement until June 30, 2023.
179
The foregoing resolution was passed and adopted this 11t'' day of April 2022, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 180

ATTACHMENT B
AMENDMENT NO. 4

TO THE AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BETWEEN THE CITY OF LATHROP AND WSP USA, INC. DATED FEBRUARY 3, 2014 FOR THE MANTHEY ROAD BRIDGE REPLACEMENT PROJECT, CIP PS 12- 04 THIS AMENDMENT ( hereinafter " AMENDMENT NO. 4") to the agreement between WSP USA, Inc. and the City of Lathrop dated February 3, 2014, ( hereinafter AGREEMENT") dated for convenience this 11t'' day of April 2022 is by and between WSP USA, Inc. (" CONSULTANT") and the City of Lathrop (" CITY"), a California municipal corporation.

RECITALS:

WHEREAS, CONSULTANT and CITY entered into an AGREEMENT to provide Professional Consulting Services for the Manthey Road Bridge Replacement Project, CIP PS 12- 04 dated February 3, 2014, in the amount of $ 1, 411, 350. 00; and WHEREAS, on July 20, 2015, CONSULTANT and CITY entered into AMENDMENT NO. 1 for additional Professional Consulting Services including the preparation of an Extended Phase I ( XPI) cultural survey, a Feasibility Study, and a Water Quality Assessment Report, in the amount of $ 162, 019. 00; and WHEREAS, on April 9, 2018, CONSULTANT and CITY entered into AMENDMENT NO. 2 for additional Professional Consulting Services including the preparation of a higher class of action for National Environmental Policy Act ( NEPA) compliance, in the amount of $ 330, 957. 00; and
WHEREAS, on May 20, 2020, CONSULTANT and CITY entered into a letter agreement known as AMENDMENT NO. 3 to extend the term of the Agreement by an additional 36 months to a new termination date of June 30, 2022; and WHEREAS, CONSULTANT has provided CITY with a scope of work attached hereto as Exhibit " A" for AMENDMENT NO. 4 for additional Professional Consulting Services and to extend the term of the Agreement until June 30, 2023; and WHEREAS, CONSULTANT is willing to render such Construction Staking Services, as hereinafter defined, on the following terms and conditions.

NOW, THEREFORE, CONSULTANT and CITY agree as follows:
1) Scope of Service. Section ( 1) of the AGREEMENT for Consulting is hereby amended to add the following:

CONSULTANT agrees to perform services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit" A" and incorporated fully herein by this reference. The aforementioned work is in addition to the scope of work in the original AGREEMENT dated February 3, 2014, Amendment No. 1 dated July 20, 2015, Amendment No. 2 dated April 9, 2018, and letter agreement known as Amendment No. 3 dated May 20, 2020 for Professional Consulting Services.

Page 1 of 3 ends

181
CITY OF LATHROP— WSP USA, INC.

AMENDMENT NO. 4 FOR PROFESSIONAL CONSULTING SERVICES FOR THE MANTHEY ROAD BRIDGE REPLACEMENT PROJECT, CIP PS 12- 04
CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and the CITY' S satisfaction. 2) Compensation. Section ( 2) of the AGREEMENT for Consulting Services is hereby amended as follows:

City hereby agrees to pay CONSULTANT an additional sum of $ 86, 900. 00 for the Professional Consulting Services set forth in Exhibit" A" of this AMENDMENT NO. 4, with a total sum not to exceed of $ 1, 991, 226. 00 ($ 1, 411, 350. 00 for the original AGREEMENT, 162, 019. 00 for AMENDMENT NO. 1, $ 330, 957. 00 for AMENDMENT NO. 2, letter agreement known as Amendment No. 3 at no additional cost, and $ 86, 900. 00 for AMENDMENT NO. 4). CONSULTANT shall be paid within thirty ( 30) days of receipt of billings containing all information contained in Paragraph 5 of the original AGREEMENT.

Compensation for any task must be equal to or less than the percentage of task complete.

In no event shall CONSULTANT be entitled to compensation for work not included in the original scope of work, and this AMENDMENT unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' S Authorized Representative prior to the commencement of the work. 3) Effective Date and Term
The effective date of AMENDMENT NO. 4 is April 11, 2022 and it shall terminate no later than June 30, 2023. AMENDMENT NO. 4 hereby extends the term of the original AGREEMENT to June 30, 2023. All other terms of the original AGREEMENT shall remain in full force and effect.
4) Applicabilitv To Oriqinal Consultant AGREEMENT
All terms and conditions set forth in the AGREEMENT dated February 3, 2014 and Amendment No. 1 dated July 20, 2015, Amendment No. 2 dated April 9, 2018, and Letter agreement known as Amendment No. 3 dated May 20, 2020 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
5) Siqnatures
The individuals executing this AMENDMENT NO. 4 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT NO. 4 on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

Page 2 of 3 ends

182
CITY OF LATHROP— WSP USA, INC.

AMENDMENT NO. 4 FOR PROFESSIONAL CONSULTING SERVICES FOR THE MANTHEY ROAD BRIDGE REPLACEMENT PROJECT, CIP PS 12- 04
Approved as to Form: City of Lathrop
City Attorney
3 - 31 • t ?
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Public Works Director
Michael King Date
Accepted By: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT: WSP USA, Inc.
2329 Gateway Oaks Drive, Suite 200
Sacramento, CA 95833
Fed I D # 1 1- 1 531 569
Lathrop Business License # 20842
Signature Date
Print Name and Title

Page 3 of 3 ends

183

EXHIBIT A
Date: 3/ 03/ 2022
Department of Public Works
City of Lathrop
390 Towne Center Drive
Lathrop, CA 95330
Attention: Michael King
RE: Manthey Road Bridge Replacement Project
Contract Amendment# 4
Dear Michael,
Per our discussion, WSP has prepared this contract amendment for the above project. This contract amendment covers out of scope tasks such as preparation of a project- specific Programmatic Agreement (PA), additional work associated with the Location Hydraulic Study Report, and additional preliminary engineering associated with the Reinforced Concrete Box ( RCB) and cost estimates. This contract amendment also extends the term of the contract for an additional 12 months. The new contract termination date is 6/ 30/ 2023.

This contract amendment also includes a $ 600.00 budget transfer from WSP USA Inc. to ICF Jones & Stokes, Inc. for Other Direct Costs.

For more detail concerning added scope of services and corresponding budget amounts, please see the attached information.

Please don' t hesitate to contact me with any questions.

Sincerely,
WSP USA Inc
James Gomez
Project Manager
Enclosed: Attachment A— Supplemental # 4 Scope and Cost Proposal 184

ATTACHMENT A
Scope of Work
In response to requirements from Caltrans Cultural Studies Office ( CSO), ICF will prepare a projectspecific Programmatic Agreement (PA) for the Manthey Road Bridge Replacement project. It is assumed that the PA will address archaeological sensitivity only, as Caltrans has previously agreed that the project would have no effect on built environment resources.

In response to Caltrans Division of Local Assistance, WSP will perform additional preliminary engineering and cost estimates to evaluate the cost impact to the project due to elimination of the Reinforced Concrete Box( RCB). Eliminating the RCB would require raising and lengthening the proposed bridge.

Task 1 - Project Management & Administration
ICF shall provide additional calls and coordination. ICF shall attend calls, assist with schedule and tracking updates, and prepare progress reports.

WSP anticipates that the additional scope of work included in this amendment will require an additional 6 months of project management and administration. WSP assumes 8 hours per month for the WSP project manager and 4 hours per month for its project accountant for this task. The WSP project manager will attend calls, update the project schedule and tracking matrix, and prepare progress reports.

Task 6— Preliminary Engineering Studies
Reinforced Concrete Box( RCB) for Reclamation District 17 ( RD- 17) Levee Maintenance Access and Riparian Brush Rabbit Wildlife Passage
The project currently includes an 18' wide x 16'- 6" high Reinforced Concrete Box( RCB) for Reclamation District 17 ( RD17) levee maintenance access underneath Golden Valley Parkway( GVP). The RCB will also provide wildlife passage for the Riparian Brush Rabbit.

Caltrans Division of Structures Local Assistance has taken an initial position that the cost of the RCB is not eligible for HBP funding, but instead is a local cost. During a bridge Type Selection meeting with Caltrans on January 7, 2022, Michael King requested that Caltrans reconsider its position, arguing that without the RCB, the proposed bridge would have to be lengthened and raised at considerable additional cost to the project. Subsequently, Caltrans requested additional information concerning the cost of the RCB, associated retaining walls, and HBP participating approach roadway costs. Caltrans also requested a preliminary cost estimate for the longer and higher bridge that would be required if the RCB were eliminated.
185
WSP will perform additional preliminary engineering for an option to raise the vertical profile of GVP and lengthen the proposed bridge due to eliminating the RCB. WSP will prepare the requested cost estimates so that Caltrans can evaluate the cost impact of eliminating the RCB.

Assumptions:

One round of review with the City
One round of review with Caltrans
All deliverables will be electronic ( Word, Excel, or pdf files) Addendum to Location Hydraulic Study:

In December 2017, Caltrans issued new requirements related to hydrology and hydraulic reports for bridge projects. At that time, the Location Hydraulic Study Report for the Manthey Road Bridge Replacement project had already been reviewed and approved by Caltrans. However, Caltrans Division of Local Assistance is now requiring updates to the Location Hydraulic Study Report to include some of the new 2017 requirements related to scour and scour countermeasures.

HDR WRECO will prepare an addendum to the Location Hydraulic Study Report, which will include revisions to the hydrologic analysis discussions, hydraulic analysis for the most up- to- date proposed bridge design, preliminary bridge scour analysis for the proposed bridge design, and recommendations for the scour countermeasures. The purpose of the addendum is to address review comments made by Caltrans as part of the bridge type selection review and approval process.

The LHS addendum will include:

Preliminary Scour Analysis
Hydrologic Summary Table using Caltrans Memo to Designers 16- 1 format Further discussion of the project hydrology
Assumptions:

WSP will provide HDR WRECO with the most up- to- date bridge general plan.

The addendum work will not include revisions to the hydraulic analysis of the proposed bridge with temporary structures during the construction.

There will be no changes to the proposed bridge design when preparing the Location Hydraulic Study addendum.

There will be no additional comments from California Department of Transportation.

Report Addendum One round of review with the City
HDR WRECO will attend one virtual coordination meeting with the City and WSP Team.

Deliverables:
o Draft Location Hydraulic Study Report Addendum ( PDF file) o Final Location Hydraulic Study Report Addendum ( PDF file) o HEC- RAS model ( electronic files for Caltrans review) 186
Task 7 — Environmental Analysis
Caltrans CSO has requested that a programmatic agreement ( PA) be prepared for this project due to the sensitivity of the area. The project level PA will implement the Post Review Discovery and Monitoring Plan ( PRDP).

Revise Existing HPSR Package
ICF will revise the existing HPSR package to reflect the current conditions. ICF will incorporate the additional Native American consultation conducted in 2021 and include a consultation log documenting all contacts with the Native American Heritage Commission and Native American representatives. ICF will update APE descriptions and discussions of sites within the APE in the ASR and XPI. ICF will prepare a finding of effect document addressing both built environment and archaeological resource to include in the HPSR package.

Assumptions:

One round of review with the City
One round of review with Caltrans
All deliverables will be electronic ( Word or pdf files) Prepare Draft PA
ICF will prepare a draft PA for Caltrans District 10 and CSO review. The PA will include the attached PRDP, which it will implement. The draft PA will closely follow the example PA provided by Caltrans Miner Avenue Complete Streets) but will be tailored to the current project. We anticipated consecutive rounds of review. ICF will coordinate with District staff and address their comments before the document is submitted to CSO.

Assumptions:

One round of review at District and one round of review at CSO All deliverables will be electronic ( Word or pdf files) No new graphics will be required
Stipulations will be minimal, as one will be to implement the PRDP No additional technical studies, reports, or documents other than the PRDP will be required as attachments for the PA.

Prepare Final PA
ICF will address CSO comments on the draft PA to create a Final document.

Prepare Cultural Resources Management Plan ( CRMP)
Building upon the Post Review Discovery and Monitoring Plan, ICF will add the following information and revise the format to create a CRMP.
187
Discussion of the location of known nearby sites and how they are not located within the APE and will be avoided to be included in Chapter 3 of the PRDP.

Expand the discussion of inethods for the disposition of human remains in Chapter 6. 4. 2 of the PRDP to include preferences of Kathy Perez, representative of the Northern Valley Yokuts.

Expansion of construction methods for bridge removal that illustrates that ground disturbance would be minimal to be included in Chapter 2 of the PRDP.

Expand discussion of potential resource types
Research questions to address historic and prehistoric resources Data needs— to address research questions and be eligible for listing in the National Register of Historic Places ( NRHP).

Discussion to accompany figure for ESA action plan
ICF shall acquire additional documents from the Information Center that are not provided in the initial records search.

Conduct Native American Consultation
ICF will coordinate conversations with Kathy Perez, representative of the Northern Valley Yokuts to apprise her of the preparation of the PA and request that she review and concur. Additionally, ICF will facilitate conversations with the City and Ms. Perez regarding the disposition of any Native American human remains or associated artifacts that may be unearthed during construction. This information will be added to the PRPD.

ICF will follow up again with tribes listed by the California Native American Heritage Commission ( NAHC) on the list of interested tribes and individuals obtained in July 2021. ICF will make an additional round of follow up calls and send emails.

Assumptions:

This task does not include a pre- burial agreement.

No additional tribes will be contacted unless recommended by one of already listed contacts or the NAHC.

This task assumes that no additional tribes will request additional consultation or request to be concurring parties or signatories for the PA or otherwise incur additional meetings or outreach. 188
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190
ITEM 4. 7

CITY MANAGER' S REPORT
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE TASK ORDER NO. 18 FOR J. B.

ANDERSON LAND USE PLANNING TO PROVIDE

CONTRACT PLANNING SERVICES FOR THE

MOSSDALE LANDING WEST PROJECT AND
RELATED ENTITLEMENTS.

RECOMMENDATION: Adopt a Resolution Approving Task Order No. 18 for 7. B. Anderson Land Use Planning to
Provide Contract Planning Services to Manage
and Process the Mossdale Landing West
Project and Related Entitlements.

SUMMARY:

The applicant, Mr. Surjit Chahal, is proposing a General Plan Amendment, Rezone, Specific Plan Amendment, Urban Design Concept, Tentative Subdivision Map, Williamson Act Cancellation and Development Agreement for the proposed Mossdale Landing West Project. The proposed project is a low- density residential community that includes 829 single-family lots on a 169- acre site. The project will feature a 6. 2- acre park near the center of the subdivision and a 5. 5- acre linear park along the perimeter of the site adjacent to the San Joaquin River. The project site is located within the West Lathrop Specific Plan, bounded by Barbara Terry Boulevard to the north, River Islands Parkway to the south, and San Joaquin River to the west.

Given the size, complexity, and timeline of the project, the City requested J. B.

Anderson Land Use Planning ( JBAP) to provide contract planning services to review, process, and manage the project and coordinate all communication and processing effort with the City' s Planning staff.

Staff has reviewed the Scope of Work and finds it to be appropriate, and requests the City Council approve Task Order No. 18. City staff will manage the contract with JBAP which will be fully funded by the developer.

BACKGROUND:

In 1991, the City Council adopted the City of Lathrop General Plan, which included Stewart Tract and Mossdale Village. In 1996, the City Council further refined the vision and implementation policies contained within the General Plan for urban development of Stewart Tract and Mossdale Village with the adoption of the West Lathrop Specific Plan ( WLSP). The WLSP envisioned Mossdale Village as a predominantly traditional residential community with complementary retail and public uses with an emphasis on pedestrian access via a system of trails, linking parks, schools, and nearby commercial uses.
191
CITY MANAGER' S REPORT PAGE 2
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
TASK ORDER NO. 18 J. B. ANDERSON LAND USE PLANNING
The proposed project is a low- density residential community that includes 829 singlefamily lots on a 169- acre site. The project will feature a 6. 2- acre park near the center of the subdivision and a 5. 5- acre linear park along the perimeter of the site adjacent to the San Joaquin River. The linear park will tie into the linear parks already constructed in Mossdale and future connection to Stanford Crossing. The project will include new roads ( and will complete the connection between Spartan Way and Towne Centre Drive) which will be designed according to City standards. Various utilities such as sanitary sewer, water, and storm drain systems will be extended to serve the subdivision.

The project site is located within the West Lathrop Specific Plan, bounded by Barbara Terry Boulevard to the north, River Islands Parkway to the south, and San ) oaquin River to the west.

In order to accommodate the development of the project, the applicant has applied for various project-level entitlements that includes the following:

1. General Plan Amendment

2. Rezone

2. Specific Plan Amendment

3. Urban Design Concept

3. Tentative Subdivision Map

4. Williamson Act Cancellation

5. Development Agreement
REASON FOR RECOMMENDATION:

On August 3, 2015, the City Council approved a Master Agreement with J. B. Anderson Land Use Planning to provide professional planning services to the City. The Master Agreement allows work to be added with Task Orders approved by Council when necessary. The term of the Master Agreement is valid throughout the completion of Task Order No. 18, and is automatically renewed on July lst of each year unless the City cancels the agreement.

At staff' s request, JBAP prepared and submitted a Scope of Work to provide contract planning services to review, process, and manage the project and coordinate all communication and processing effort with Planning staff ( exhibit to Attachment # 2).

JBAP provides effective and reliable professional consulting services and is well qualified to provide contract planning services for the proposed Mossdale Landing West Project.
192
CITY MANAGER' S REPORT PAGE 3
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
TASK ORDER NO. 18 J. B. ANDERSON LAND USE PLANNING
FISCAL IMPACT:

The funds required for Task Order No. 18 will be fully funded by the applicant. The applicant will be required to execute a funding authorization and transfer the funds to the City before the Notice to Proceed is issued. The proposed contract amount of 115, 138 for time and materials, plus the City' s Administrative Fee of $ 15, 000, accounts for a combined total amount not to exceed $ 130, 138. Staff is requesting the City Council to approve a budget amendment as follows:

Fiscal Year 2021- 2022
Increase Revenue
1010- 2010- 371- 9000 130, 138
Increase Expense
1010- 2010- 420- 0100 130, 138
ATTACH M E NTS:

1. Resolution Approving Task Order No. 18 for ). B. Anderson Land Use Planning

2. Task Order No. 18 with J. B. Anderson Land Use Planning 193
CITY MANAGER' S REPORT PAGE 4
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
TASK ORDER NO. 18 J. B. ANDERSON LAND USE PLANNING
APPROVALS:

C Z
ck Cagui Date
Assistant ommunity Development Director
3 Z 20
M k M iss er Date
C mmu ity Deve opment Director
3 a9
Cari Ja` es Date
Directo of F' nance

3. Zc _ LZ
Salvador Navarrete Date
City Attorney
3• 30- 22
Ste n J. Salvatore Date
City Manager
194
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING TASK ORDER NO. 18 FOR ). B. ANDERSON LAND USE PLANNING

TO PROVIDE CONTRACT PLANNING SERVICES FOR THE MOSSDALE LANDING WEST PROJECT AND RELATED ENTITLEMENTS.

WHEREAS, the applicant, Mr. Surjit Chahal is proposing a General Plan Amendment, Rezone, Specific Plan Amendment, Urban Design Concept, Tentative Subdivision Map, Williamson Act Cancellation and Development Agreement for the proposed Mossdale Landing West Project; and
WHEREAS, J. B. Anderson Land Use Planning has prepared and submitted a Scope of Work to provide contract planning services to review, process, and manage the Mossdale Landing West Project and coordinate all communication and processing effort with Planning staff; and
WHEREAS, on August 3, 2015, the City of Lathrop entered into a Master Agreement with J. B. Anderson Land Use Planning to provide professional planning services to the City; and
WHEREAS, pursuant to the Master Agreement, the City can add additional work with Task Orders approved by the City Council when necessary; and WHEREAS, Task Order No. 18 will be fully funded by the applicant pursuant to an executed Funding Authorization; and
WHEREAS, the proposed contract amount of$ 115, 138 for time and materials, plus the City' s Administrative Fee of $ 15, 000, accounts for a combined total amount not to exceed $ 130, 138.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Task Order No. 18 with J. B. Anderson Land Use Planning to provide contract planning services to review, process, and manage the Mossdale Landing West Project and Related Entitlements.

BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves the following budget amendment for Fiscal Year 2021- 2022:

Increase Revenue
1010- 2010- 371- 9000 130, 138
Increase Expense
1010- 2010- 420- 0100 130, 138
Resolution No. 22-
195
The foregoing resolution was passed and adopted this 11th day of April 2022, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 22-
196
TTACH M NT " z ,•

CITY OF LATHROP
TASK ORDER NO. 18 PURSUANT TO

MASTER AGREEMENT FOR PROFESSIONAL CONSULTING
SERVICES BETWEEN THE CITY OF LATHROP AND J. B. ANDERSON

LAND USE PLANNING
FOR

THE MOSSDALE LANDING WEST PROJECT AND RELATED

ENTITLEMENTS
THIS TASK ORDER NO. 18, dated for convenience this day of APRIL 2022, is by and made and entered into by and between J. B. Anderson Land Use Planning CONSULTANT") and the CITY OF LATHROP, a California municipal corporation CITY");
RECITALS:

WHEREAS, on August 3, 2015, CONSULTANT entered into a master agreement AGREEMENT") with the CITY, by which the CONSULTANT has agreed to provide Professional Consulting Services for the City of Lathrop. The City Council authorized the execution of the AGREEMENT, pursuant to Resolution 15-3967; and WHEREAS, at the request of CITY, CONSULTANT submitted the scope of work and fee estimate, attached hereto as Exhibit " A", to provide professional consulting services as described in this Task Order No. 18 and incorporated herein by reference; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:

AGREEMENT
1) Incorporation of Master Aqreement
This Task Order No. 18 hereby incorporates by reference all terms and conditions set forth in the master agreement for consulting service dated August 3, 2015, unless specifically modified by this Task Order. 2) Scope of Service
CONSULTANT agrees to perform professional consulting services in accordance with the scope of work and fee proposal provided in Exhibit A". CONSULTANT agrees to diligently perform these services in accordance with the utmost standards of its profession and to the CITY' S satisfaction.

Page 1 of 4 ends

197
J. B. Anderson Land Use Planning - Task Order No. 18
Mossdale Landing West Project and Related Entitlements
3) Time of Performance
CONSULTANT shall commence performance upon receipt of notice to proceed pursuant to section 6 and shall complete all required services no later than June 30, 2023.
4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this agreement, is an independent contractor and not an employee of the CITY.

As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit " A" to City' s satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Compensation
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 115, 138 for the services as set forth in Exhibit " A". CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 of the master agreement. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit "A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s authorized representative prior to the commencement of the work.
6) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from the CITY. A Notice to Proceed shall not be issued until all necessary certificates of insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed.

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198
J. B. Anderson Land Use Planning - Task Order No. 18
Mossdale Landing West Project and Related Entitlements
7) Billin s
CONSULTANT' S bills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice.

Except as specifically authorized by CITY, CONSULTANT shall not bill the CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
8) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

Page 3 of 4 ends

199
J. B. Anderson Land Use Planning - Task Order No. 18
Mossdale Landing West Project and Related Entitlements
Approved as to Form: City of Lathrop
City Attorney
3 - ' z Z
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Community Development Director
Mark Meissner Date
Accepted By: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT: J. B. Anderson Land Use Planning
John B. Anderson, President
139 S. Stockton Avenue
Ripon, CA 95366
Fed I D # 27- 2423212
Bus License # 20324
Signature Date
Print Name and title)

Page 4 of 4 ends

200

EXHIBIT A

CITY OF LATHROP

CONTRACT PLANNING STAFF TO REVIEW AND PROCESS APPLICATIONS FILED BY WSBG INVESTMENTS, LP FOR THE MOSSDALE LANDING WEST PROJECT—

GENERAL PLAN AMENDMENT, REZONE, SPECIFIC PLAN AMENDMENT, URBAN

DESIGN CONCEPT, VESTING TENTATIVE SUBDIVISION MAP, DEVELOPMENT

AGREEMENT, AND WILLIAMSON ACT CANCELLATION
March 1, 2022

PROJECT UNDERSTANDING
The City of Lathrop has solicited the professional planning services of JB Anderson Planning ( JBAP) to aid in the processing of the above referenced application. The Mossdale Landing West Project is located within the West Lathrop Specific Plan ( WLSP) and is approximately 169- acres bounded by Barbara Terry Boulevard to the north, open space and an existing subdivision to the northeast, River Islands Parkway to the southeast, and the San Joaquin River to the west, south and north. The Mossdale Landing West Project ( hereto referred to as " the Project") includes a General Plan Amendment, Rezone, Specific Plan Amendment, new Urban Design Concept, Vesting Tentative Subdivision Map, Williamson Act Cancellation and Development Agreement that would allow for the development of 830 single- family lots.

Thirteen ( 13) of the 830 single- family lots are located in the existing residential area southeast of River Islands Parkway along Trestle Point, Western Coach and the extension of Towne Centre Drive. The single- family lots will include four( 4) categories of lot sizes: 42' x80'/ 85', 45' x75', 50' x80', and 50' x100'.

The project site is comprised of the following APNs: 191- 190- 010, - 072, 191- 610- 020, - 022, 191- 620- 590, and 191- 340- 030 and is under an existing Williamson Act Contract. The Project includes a Williamson Act Cancellation that would allow the project site to convert from the existing agricultural land to urban uses. A Notice of Non- Renewal was filed and recorded in December, 2021.

The Project will include two ( 2) park areas: a 6.2-acre park near the center of the subdivision, and a 30' wide, 5. 5- acre linear park around the perimeter where the site is adjacent to the San Joaquin River. The Project roadways will be designed according to the City' s standards with a 56' right- of-way and Towne Centre Drive will have a 80' right- of-way width. The existing Towne Centre Drive south of River Islands Parkway will be extended under River Islands Parkway and continue north through the Project to Barbara Terry Boulevard.

Utilities ( sanitary sewer, water and storm drain systems) will be constructed within the rights- of-way to serve the subdivision and will connect to nearby existing systems.

Potential environmental impacts will be analyzed via a Subsequent Environmental Impact Report ( SEIR), to be prepared by a CEQA Consultant, under a separate contract with the City.

JBAP' s role is to act as the managing staff planner for the project. JBAP staff shall coordinate all communication and processing efforts with the Community Development Director and Principal Planner.

JBAP shall process all applications as presented including any and all modifications suggested by the property owner/ agent to facilitate the entitlements of the Mossdale Landing West Project. 1 Page
201

SCOPE OF WORK
TASK 1 PROJECT KICK- OFF AND BACKGROUND RESEARCH
JBAP staff shall attend the project kick-off ineeting with the Applicant, the CEQA Consultant, and City Staff to refine the details of the Scope of Work and establish a definitive understanding of product delivery dates, including entitlement applications and exhibits including but not limited to the General Plan Amendment, Rezone, Specific Plan Amendment, Urban Design Concept, Vesting Tentative Subdivision Map, Williamson Act Cancellation, and Development Agreement. In addition, JBAP shall prepare a Project Referral List to be transmitted to City Staff and the project proponent and added upon as necessary.

JBAP assumes that the project kick- off meeting will occur in conjunction with the kick- off meeting for the SEIR by the CEQA Consultant. JBAP shall assist in defining the Project Description with City Staff, the CEQA Consultant and the project proponent including proof of the Notice of Preparation ( NOP).

As part of this task, JBAP shall review the West Lathrop Specific Plan and Environmental Impact Report ( EIR), certified by City Council in 1996 ( SCH No. 19931112027), to obtain a better understanding of the project and the proposed amendments prepared by the applicant. JBAP staff shall prepare a memorandum that includes a review and status update of the Mitigation Monitoring and Reporting Program for the West Lathrop Specific Plan EIR. The memorandum will include a review of each Mitigation Measure to determine which are complete, incomplete, and ongoing.

Deliverables:

One ( 1) PDF and one ( 1) MSWord copy of the Project Referral List.

One ( 1) PDF and one ( 1) MSWord copy of the West Lathrop Specific Plan MMRP Memorandum
MeetinQs:

Attend one ( 1) project kick- off meeting with project proponent and City Staff with follow- up conference calls and emails.

Attend one( 1) meeting with City Staff on the West Lathrop Specific Plan MMRP.

TASK 2 APPLICATION ASSESSMENT, ONGOING REVIEW, PROCESSING AND STATUS

UPDATES
JBAP will work with City Departments ( Public Works, Planning, Lathrop- Manteca Fire District, Lathrop Police Services and City Administration) to review the application and submittals including but not limited to revisions to the General Plan Amendment, Rezone, West Lathrop Specific Plan, Mossdale Landing West Urban Design Concept, Vesting Tentative Subdivision Map, and Development Agreement. JBAP staff shall coordinate the review by all other City Departments who will be involved with the entitlements. JBAP shall establish Department point- of- contacts and review timeframes of key application materials. In addition, JBAP staff shall schedule and attend meetings with the Applicant and key City Departments to review concerns and priority issues that need to be resolved to keep the entitlement process moving forward.

Following City Department review, JBAP staff will prepare a memorandum that includes a detailed list of questions, clarifications and revisions to the application and plans/ exhibits are necessary for City Staff to complete the review of the application.

JBAP assumes that review of submittal items and exhibits will occur throughout the processing of the entitlements listed above.
2 1' a e
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JBAP staff will be responsible for collecting and organizing all Department comments as a result of the application assessment and ongoing review as well as the review by the Development Review Committee.

JBAP will provide City Staff and client with updates on the processing of the entitlements, review of application materials, anticipated submittals of revised plans from the Applicant, and notification on areas of the application and exhibits that need clarification and/ or review by key City Staff members. JBAP Staff, in coordination with the CEQA Consultant, will prepare a Project Schedule that details the processing steps for the Project. The Project Schedule will be updated periodically and provide to City Staff for review and comment.

An optional Task included in this Scope of Work is to conduct a Public Workshop / Community Meeting regarding the project. The timing of the Public Workshop shall be prior to Planning Commission and/ or City Council Public hearings and will include preparation of workshop materials, noticing, and the PowerPoint Presentation. JBAP Staff' s role is to present an overview of the proposed project and answer questions from the audience and PC/ CC relating to processing, timing, and planning related matters. It is our understanding that the Applicant will be in attendance to answer questions from the audience.

Deliverables:

One ( 1) PDF and one ( 1) MSWord copy of a memorandum that includes a detailed list of questions, clarifications, and revisions to the application materials.

This delivery may include redline comments to the application materials.

One ( 1) PDF of a Project Schedule detailing the processing steps.

Public Workshop / Community Meeting materials including but not limited to PowerPoint Presentation and handouts.

Periodic updates on the status of processing the application will be delivered via email.

Meetinqs:

JBAP assumes that multiple meetings and email communication will occur with key City Staff members to review the application materials.

One ( 1) Public Workshop/ Community Meeting
TASK3 PROJECT REFERRALS
JBAP staff shall prepare all Project Referral documents including:

Internal Department Referral ( Development Review Committee( DRC)) Outside Agency Referral ( 45- day Referral)
Senate Bill 18 Referral ( 90- day Referral)
Pursuant to Senate Bill 18, JBAP staff will request a list of potentially affected California Native American tribes from the California Native American Heritage Commission NAHC). JBAP will coordinate with City Staff to mail the Outside Agency and Senate Bill 18 Referrals and distribute the Internal Referral to the various Departments.

JBAP assumes that two ( 2) DRC meetings will occur at City Hall. JBAP staff will present and conduct the DRC meetings.
3 Pat7e
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Deliverables:

One ( 1) PDF and one ( 1) MSWord copy of the Internal Department Referral.

One ( 1) PDF and one ( 1) MSWord copy of the Outside Agency Referral.

One ( 1) PDF and one ( 1) MSWord copy of the Senate Bill 18 Referral/ Consultation Letter.

Meetinqs:

Attend two ( 2) Development Review Committee Meetings.

Numerous conference calls and communications with City Staff, the Applicant and the JBAP team to receive special direction for the above referrals.

TASK 4 CEQA REVIEW
Based on our project understanding, the Project will include the preparation of a Subsequent Environmental Impact Report ( SEIR). JBAP staff's role will include consultation over the CEQA Consultant' s product and interaction with City Staff, review of the Administrative Draft, Screen Check Draft and Public Review Draft of the Draft SEIR and the Administrative Draft, Screen Check Draft and Public Revie Draft of the Final SEIR. JBAP staff will prepare a detailed list of questions, clarifications, and revisions to each environmental document to supplement City Staff's review. JBAP assumes that no meetings are required for this task unless necessary to clarify specific Sections of the Draft SEIR and/ or Final SEIR. JBAP staff' s role in this regard is to peer review the environmental documents for consistency between the application materials and the Draft and/ or Final SEIR, highlight areas that are of concern or need additional clarification and redline areas of the documents that require revision. JBAP staff shall report to the Community Development Director and Principal Planner of findings and seek direction and advice for proceeding with the application. JBAP staff will coordinate with other City Departments and agencies to ensure that questions have been addressed by the project proponent and/ or the CEQA Consultant.

JBAP staff will provide a comprehensive review of the SEIR Mitigation Monitoring and Reporting Program ( MMPR)
JBAP staff, in coordination with the CEQA Consultant, will prepare the Assembly Bill 52 AB 52) Notification letter ( 30- day Notification) as required by CEQA Guidelines and Public Resources Code. JBAP assumes the AB 52 notification letter will be transmitted to the listed California Native American tribes prior to the release of the Draft SEIR and following the City' s determination that the application is complete ( following Task 3). The Consultation shall occur within 30- days of receiving the tribe' s request for consultation.

JBAP assumes that consultation Northern Valley Yokuts tribe will occur based on previous projects ( GPA- 19- 131, REZ- 19- 132 and PDP- 19- 133 and the River Islands Phase 2 Modified Project). JBAP will coordinate with City staff, the Applicant, and a representative from the Northern Valley Yokuts to schedule a meeting for the consultation. JBAP assumes that the meeting will include a site visit to the Mossdale Landing West area. JBAP will be responsible for scheduling and conducting the consultation.

Deliverables:

One ( 1) PDF and One ( 1) MSWord copy of a memorandum that includes a detailed list of questions, clarifications and revisions to the Draft SEIR and Draft MMRP. This delivery may include redline comments.

One ( 1) PDF and One ( 1) MSWord copy of a memorandum that includes a detailed list of questions, clarifications and revisions to the Final SEIR. 4 }' a :: e
204
One( 1) PDF and one ( 1) MSWord copy of the Consultation Agenda.

One ( 1) PDF and one( 1) MSWord copy of the Consultation Meeting Minutes.

Meetinas:

A consultation may occur at the tribe' s request.

TASK 5 PREPARE STAFF REPORTS AND CONDUCT PUBLIC HEARINGS JBAP staff will prepare all Staff Reports, Resolutions, Ordinances and supporting documents to be presented at the Planning Commission and City Council meeting( s). In addition, JBAP staff will prepare the required Public Notices for Planning Commission and City Council and will transmit to City Staff in a timely manner to be 1) reviewed by City Staff and the City Attorney' s Office; and 2) published in a newspaper of general circulation and mailed to property owners within 300- feet of the boundary as required by the Government Code. JBAP staff will organize and assist the City in preparing the Planning Commission and City Council Packets and will organize the Attachments in the format the City utilizes.

JBAP staff will transmit the Planning Commission and City Council Staff Reports, Resolutions, Ordinances and supporting documents to the City in a timely manner. JBAP staff will work with the City Clerk on clarifying the materials to be part of the Administrative Record.

JBAP staff will present the Proposed Project at the Study Session, Planning Commission and City Council meetings.

Deliverables:

One ( 1) MSWord copy of the Public Notice, Staff Report, Resolution( s), Ordinance( s) for Planning Commission.

One( 1) PPT copy of the Planning Commission PowerPoint Presentation.

One ( 1) MSWord copy of the Public Notice, Staff Report, Resolution( s), Ordinance( s) for City Council.

One ( 1) PPT copy of the City Council PowerPoint Presentation.

Meetinqs:

One ( 1) Planning Commission Public Hearing.

One( 1) City Council Public Hearing.

TASK 6 FOLLOW- UP AND ADMINISTRATIVE RECORD
Following the Planning Commission and City Council Public Hearings and approval of the Project, JBAP staff shall work with City Staff to organize the administrative hard and electronic file. JBAP staff will request electronic and hard copies of the Final West Lathrop Specific Plan and Mossdale Landing West Urban Design Concept from the project proponent at this time. The number of hard copies will be determined by City Staff( i. e., resource copy, counter copy, etc.).

Deliverables:

No Deliverables are assumed for this task.

Meetinqs:

One( 1) meeting with City Staff to discuss the hard and electronic file. 5 1' a e
205

COST PROPOSAL
Principal Senior Associate Assistant Admin
City of Lathrop- Mossdale Landing West Principal Planner Planner Planner Planner Assistant Siss $ vo $ iso $ ioo Seo

HOURS COST
TASK 1
Project Kick- Off and Background
1z o z3 s o 2
Research 6, 590
Application Assessment, Ongoing
TASK 2 Review, Processing and Status 70 35 96 85 30 12
Updates 44, 830
Task3 ProjectReferrals 15 0 32 12 12 4
9, 939
Task4 CEQq REview 55 25 45 32 16 6
25, 967
Task 5
Prepare Staff Reports and Conduct
32 10 55 29 22 12
Public Hearings
21, 184
Task 6 Follow- Up and Administrative Record z o a z z a 1, 564
Optional Community Meeting/ Workshop per
Task Meeting 3, 000
Sub- TotalofTasks
186 70 255 168 82 40 $
110,074
Administrative Expenses( i. e. Copies) 500
TOTAL ESTIMATE 115, 138
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ASSUMPTIONS

1. Information requested from of Applicant, the Applicant' s team, and the CEQA Consultant, Inc. is delivered to JBAP in a timely manner.

2. JBAP staff assumes Consultation as required by Assembly Bill 52 will be requested and one ( 1) on- site meeting will occur with the requesting tribe. Additional meetings as a result of Senate Bill 18 and/ or Assembly Bill 52 notification maybe required.

3. Time and budget is estimated at the best of JBAP ability based on the information available to prepare this scope because of the complexity of the Project will undoubtably add to the budgeted time.

4. If the schedule is protracted significantly more for reasons beyond JBAP' s control, a budget amendment may apply to the remaining work.

5. The number and duration of proposed meetings and conference calls are specified. If they are exceeded, a budget amendment would be warranted.

6. The City will be responsible for the cost of newspaper publication of notices and certified mailings to individuals and/ or agencies. These costs are not included in the proposed price.

7. The proposed billing rates apply to the current calendar year. For work performed after this year has concluded, budget augmentations and contract amendments will be calculated using updated billing rates.

8. After the description of the Project is approved by the City for use in the environmental document, it is assumed they will not change during the course of analysis and document preparation by the CEQA Consultant. If changes are necessary, amendment of the budget will be warranted to the extent that already completed review need to be redone.

9. JBAP assumes that the City will contract with a CEQA Consultant separately for CEQA services for this Project, including any special studies required to fully satisfy the CEQA requirements for the planning entitlements proposed.

10. Review cycles of the application materials and environmental documents will be ongoing with the various City Departments and agencies. JBAP assumes that multiple review cycles will be necessary to process the entitlement package.

11. JBAP staff is not responsible for delays associated with inter-Department review. 7 1' a e
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208
ITEM 4. 8

CITY MANAGER' S REPORT
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPTANCE OF PUBLIC IMPROVEMENTS
CONSTRUCTED BY TAYLOR BACKHOE SERVICE, INC.

DBA TBS CONTRACTORS FOR GENERATIONS CENTER
PARKING LOT LANDSCAPE, CIP PK 20- 23
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by Taylor Backhoe Service, Inc. dba TBS
Contractors for the Construction of the Generations
Center Parking Lot Landscape, CIP PK 20- 23,
Authorize the Filing of a Notice of Completion,
Release of Contract Retention, and Release of
Performance and Payment Bonds
SUMMARY:

Taylor Backhoe Service, Inc. dba TBS Contractors ( TBS) has completed the construction of the Generations Center Parking Lot Landscape, Capital Improvement Project ( CIP) PK 20- 23 ( Project). Staff has inspected the improvements and has deemed these improvements complete and in accordance with the approved plans and specifications.

TBS has submitted lien releases confirming all sub- contractors and suppliers have been paid in full, and a one- year warranty bond ( based on 10% of the construction contract) for the improvements to be accepted.

Staff requests City Council accept the improvements constructed by TBS for the Generations Center Parking Lot Landscape, CIP PK 20- 23. Staff also requests City Council authoriz the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to TBS in the amount of $ 25, 772. 69 within forty-five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

BACKG ROU N D:

On October 12, 2020, City Council awarded a construction contract to TBS for improvements pursuant to the Project. The project included concrete walkways, lighting, landscaping, upgrades to existing park equipment, a shade structure, picnic area with tables, benches, a BBQ, and two pickle ball courts. The benches and tables were subsequently removed from the contract to allow the City to select different options as they became available.
209
CITY MANAGER' S REPORT PAGE 2
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING

ACCEPTANCE OF PUBLIC IMPROVEMENTS CONSTRUCTED BY TAYLOR BACKHOE SERVICE, INC. DBA TBS CONTRACTORS FOR GENERATIONS CENTER PARKING LOT LANDSCAPE, CIP PK 20- 23
The awarded contract was for $ 531, 022, and a 10% construction contingency of 53, 102 was authorized for staff to use as necessary to achieve the goals of the Project. The total construction budget for the project was $ 584, 124. 20. During construction, contract change orders totaling $- 15, 568. 45 were issued for a final contract amount of $ 515, 453. 55. The construction costs referenced below capture all expenditures.

Construction costs are as follows:

A. Construction Contract 531, 022. 00
B. Approved Change Orders 15, 568. 45)
Total Construction Costs 515, 453. 55
Upon acceptance of the improvements, the performance and payment bonds ( Bond No. 38K008412) will be released and replaced with the warranty bond ( Bond No. 38K008412). The one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance due to any defective materials or workmanship in connection with the completed improvements. TBS has also provided the necessary lien releases for the materials supplied and comp eted work.

Staff requests City Council accept the public improvements constructed by Taylor Backhoe Service dba TBS Contractors for the construction of the Generations Center Parking Lot Landscape, Capital Improvement Project ( CIP) PK 20- 23. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to TBS in the amount of 25, 772. 69 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds. Staff requests that unused funds be transferred back into the Culture & Leisure CFF Fund ( 2260).

REASON FOR RECOMMENDATION:

TBS completed the project pursuant to the contract documents dated May 11, 2020.

Staff has inspected the improvements and deemed them complete and in accordance with City standards and approved plans and specifications. The performance bond Bond No. 38K008412, $ 531, 022) and payment bond ( Bond No. 38K008412, 531, 022) will be released and replaced with a one- year warranty bond ( Bond No. 38K008412, $ 57, 371. 81) upon City Council' s acceptance of the improvements. The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements. TBS has also provided the necessary lien releases for the materials supplied and completed work. 210
CITY MANAGER' S REPORT PAGE 3
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING

ACCEPTANCE OF PUBLIC IMPROVEMENTS CONSTRUCTED BY TAYLOR BACKHOE SERVICE, INC. DBA TBS CONTRACTORS FOR GENERATIONS CENTER PARKING LOT LANDSCAPE, CIP PK 20- 23
FISCAL IMPACT:

The final construction contract amount with TBS for CIP PK 20- 23 is for $515, 453. 52.

Adequate funds have been allocated in the FY 2021/ 22 budget to close out the project. With the completion of this project, staff requests that unused funds be transferred back into the Culture & Leisure CFF Fund ( 2260).

ATTACH M ENTS:

A. Resolution Accepting Public Improvements Constructed by Taylor Backhoe Service, Inc. dba TBS Contractors for the Construction of the Generations Center Parking Lot Landscape CIP PK 20- 23, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - Generations Center Parking Lot Landscape, Capital Improvement Project ( CIP) PK 20- 23
C. Project Limits Map - Generations Center Parking Lot Landscape, Capital Improvement Project ( CIP) PK 20- 23
211
CITY MANAGER' S REPORT PAGE 4
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING

ACCEPTANCE OF PUBLIC IMPROVEMENTS CONSTRUCTED BY TAYLOR BACKHOE SERVICE, INC. DBA TBS CONTRACTORS FOR GENERATIONS CENTER PARKING LOT LANDSCAPE, CIP PK 20- 23
APPROVALS:
3- 3 - 2 ZZ
Ken Reed Date
Senior Construction Manager
3 • 31 • Zo22
Michaei King Date
Pub lic Works Director
Cari J s Date
Finance irecto
3 i- 2 v z.-
Salvador Navarrete Date
City Attorney
L
lt
Stephen J. Saivatore Date
City Manager
212
RESOLUTION NO. 22 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED BY TAYLOR BACKHOE SERVICE, INC. DBA TBS CONTRACTOftS FOR THE CONSTRUCTION OF THE GENERATIONS CENTER PARKING LOT LANDSCAPE CIP PK 20- 23,

AUTHORIZE THE FILING OF A NOTICE OF COMPLETION, RELEASE OF

CONTRACT RETENTION, AND RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, on October 12, 2020, City Council awarded a construction_ contract to Taylor Backhoe Service, Inc. dba TBS Contractors ( TBS) for the construction of Generations Center Parking Lot Landscape, CIP PK 20- 23 ( Project) in the amount of $ 531, 022, and a 10% construction contingency of $ 53, 102 was authorized for staff to use as necessary to achieve the goals of the Project; and WHEREAS, the scope of work included concrete walkways, lighting, landscaping, upgrades to existing park equipment, a shade structure, picnic area with tables, benches, a BBQ, and two pickle ball courts; and WHEREAS, the benches and tables were subsequently removed from the contract to allow the City to select different options as they became available; and WHEREAS, TBS successfully completed applicable Project work at a cost of 515, 453. 52; and
WHEREAS, staff has inspected the improvements and has deemed them complete and in accordance with the approved plans and specifications; and WHEREAS, TBS has provided the necessary lien releases for the materials supplied and completed work and a one- year warranty bond ( based on 10% of total project cost) for the improvements being accepted; and
WHEREAS, the performance bond ( Bond No. 38K008412, $ 531, 022) and payment bond ( Bond No. 38K008412, $ 531, 022) are proposed to be released and replaced with a one- year warranty bond ( Bond No. 38K008412, $ 57, 371. 81) upon City Council' s acceptance of the improvements; and
WHEREAS, the one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
WHEREAS, staff requests City Council accept the public improvements constructed by TBS for Generations Center Parking Lot Landscape, CIP PK 20- 23; and
213
WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to TBS, in the amount of $ 25, 772. 69, within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by Taylor Backhoe Service, Inc. dba TBS Contractors for improvements to Generations Center Parking Lot Landscape, CIP PK 20- 23 pursuant to the contract documents dated October 12, 2020; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San Joaquin County Clerk and the release of the contract retention to TBS, in the amount of $ 25, 772. 69, within forty- five ( 45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds. 214
The foregoing resolution was passed and adopted this llth day of April 2022, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 215

ATTACHMENT B

RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:

CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRNE
LATHROP, CA 95330
Exempt from payment of recording fees( GC 11922)

SPACE ABOVE THIS LINE FOR RECORDER' S USE

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:

NAME STREET AND NO. CITY STATE
City of Lathro 390 Towne Centre Drive Lathrou CA 95330
If more than one owner of the interest stated, the name and address of each must be stated)

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

3. That Che nature of title or the stated owner, or if more than one owner, then of the stated owner and co- owners is:

Taylor Backhoe Service, Inc. dba TBS Contractors.

4. That on the 11 th day of April 2022 a work of improvement on the real property herein described was completed.

5. That the name of the original contractor, if any, for said work of improvement was: Taylor Backhoe Service, Inc. dba TBS Contractors.

6. That the name and address of the transferor is:

NAME STREET AND NO. CITY STATE
Ta or Backhoe Service Inc dba TBS Contractors 1605 E. Gerard Ave. Merced, CA 95341

7. That the real property herein referred to is situated in the City of Lathrop County of San Joaquin, State of Calit'ornia, and is described as follows:

Project No CIP PK 20- 2 Generations Center Parking Lot Landscape- 450 Spartan Way, Lathrop, CA 95330

CITY OF LATHROP
By:

Stephen J. Salvatore, City Manager Date
Th t the undersigned has knowledge of the contents herein and states under penalty of perjury that the foregoing is true and correct.

B y:

Teresa Vargas, City Clerk Date
216

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated April 11, 2022 by Taylor Backhoe Service Inc., dba TBS Contractors to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by minute action ofthe City Council adopted on April ll,2022, and the grantee consents to recordation thereof by its duly authorized officer.

Dated By
Stephen J. Salvatore, City Manager
217
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218
ITEM 4. 9

CITY MANAGER' S REPORT
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP PK 22- 40 BANTA JOINT USE

COMMUNITY PARK IMPROVEMENTS, AWARD

CONSTRUCTION CONTRACT TO WESTSIDE
LANDSCAPE AND CONCRETE, INC. FOR THE

CRICKET PITCH INSTALLATION, AND RELATED

BUDGET AMENDMENTS
RECOMMENDATION: Adopt a Resolution for the Creation of CIP PK 22- 40 Banta School Joint Use Community Park
Improvements, Approve a Construction
Contract with Westside Landscape and
Concrete, Inc. for the Installation of a Cricket
Pitch, and Approve a Budget Amendment for
the Purchase of Park Equipment.

SUMMARY:

Staff is asking Council to approve the creation of Capital Improvement Project ( CIP) PK 22- 40 Banta Joint Use Community Park Improvements. The creation of CIP PK 22- 40 will allow the City to approve a construction contract with Westside Landscape and Concrete, Inc. not to exceed $ 62, 500 for the installation of a Cricket Pitch and authorize an increase of $ 46, 900 to the FY2021- 22 Parks, Recreation and Maintenance Miscellaneous Equipment budget for the purchase of 5 sets of heavy duty NCAA regulation portable soccer goals in accordance with upgrade obligations within the Joint Use Agreement between the Banta Unified School District and the City.

BACKGROUND:

At the March 14, 2022 City Council Meeting, Council approved a Joint Use Agreement and related Easement Agreement between the City of Lathrop and the Banta Unified School District. This Joint Use Agreement provides community access to the 16 acres of Community Park space (Banta School Joint Use Community Park) during nonschool hours, including weekdays, weekends, and days when school is not in session.

As part of the Joint Use Agreement, the City will provide the following upgrades:

Provide five ( 5) sets of Heavy- Duty NCAA Regulation Portable Soccer Goals 24 feet wide, 8 feet high, and 9 feet deep); and
To design and install a 15' x 100' cricket pitch within the joint use area. The pitch will be concrete based and covered with an all- weather synthetic surface.

The pitch will be located in a manner to provide minimal impact to the ability to provide multiple playing fields at the Banta School Joint Use Community Park.
219
CITY MANAGER' S REPORT PAGE 2
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
CREATE CIP PK 22- 40 BANTA JOINT USE COMMUNITY PARK

IMPROVEMENTS, AWARD CONSTRUCTION CONTRACT TO WESTSIDE
LANDSCAPE AND CONCRETE, INC. FOR THE CRICKET PITCH INSTALLATION,

AND RELATED BUDGET AMENDMENTS
Cricket Pitch
On March 9, 2022, the City announced a request for bids for the installation of a Cricket Pitch which closed at 6: 00 pm on Thursday, March 24, 2022. Staff have identified Westside Landscape and Concrete, Inc. as the lowest responsible bidder for this project at a cost not to exceed $ 62, 500 ($ 56, 754 base bid with a 10% contingency). This agenda item proposes to fund this portion of the project through Culture and Leisure fees.

Soccer Goals
Staff researched and received quotes for 5 sets of Heavy- Duty NCAA Regulation Soccer Goals that meet specifications of the Joint Use Agreement. The lowest quote received was aproximately $ 3, 550 per goal for a total of$ 46, 900 which includes sales tax, shipping, and a 10% contingency. Staff requests Council authorize an increase in the FY2021- 22 Parks, Recreation and Maintenance Miscellaneous Equipment budget from General Fund Reserves to cover the purchase of soccer goals.

RECOMMENDATION:

Staff is requesting that the City Council consider adopting a resolution for the creation of CIP PK 22- 40 Banta School Joint Use Community Park Improvements, approving a construction contract with Westside Landscape and Concrete, Inc. not to exceed 62, 500, and authorize an increase of $ 46, 900 to the FY 2021- 22 Miscellaneous Equipment budget for the purchase of soccer goals.

FISCAL IMPACT:

The approval of the Joint Use Agreement on March 14, 2022 created a new Community Park space within the River Islands Community which includes the City' s obligation to install a cricket pitch and provide 5 sets of soccer goals at this new athletic facility. This item proposes to fund the installation of the cricket pitch and the purchase of soccer goals from Culture and Leisure fees as identified below:

Budget Amendment
Increase Transfer Out
2260- 99- 00- 990- 9010 Culture and Leisure Fees $ 109, 400 Allocation of funds to CIP PK 22- 40
Increase Transfer In
3010- 99- 00- 393- 00- 00 PK 22- 40 109, 400
Increase Expenditure
3010- 80- 00- 420- 12- 00 PK 22- 40 109, 400
220
CITY MANAGER' S REPORT PAGE 3
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
CREATE CIP PK 22- 40 BANTA JOINT USE COMMUNITY PARK

IMPROVEMENTS, AWARD CONSTRUCTION CONTRACT TO WESTSIDE
LANDSCAPE AND CONCRETE, INC. FOR THE CRICKET PITCH INSTALLATION,

AND RELATED BUDGET AMENDMENTS
ATTACH M ENTS:

A. Resolution Approving the Creation of CIP PK 22- 40 Banta School Joint Use Community Park Improvements, approving a construction contract for the insallation of a Cricket Pitch, and authorizing related budget amendment for the purchase of soccer goals.

B. Construction contract with Westside Landscape and Concrete, Inc. for the installation of a Cricket Pitch at the Banta School Joint Use Community Park. 221
CITY MANAGER' S REPORT PAGE 4
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
CREATE CIP PK 22- 40 BANTA 70INT USE COMMUNITY PARK

IMPROVEMENTS, AWARD CONSTRUCTION CONTRACT TO WESTSIDE
LANDSCAPE AND CONCRETE, INC. FOR THE CRICKET PITCH INSTALLATION, AND RELATED BUDGET . AMENDMENTS
APPROVALS:
3 • 3 .

Tod Seba ' a Date
Deputy Director of Parks, Recreation & Maintenance
3 ? D •
Zachary o e Date
Director arks, Recreation & Maintenance
y • y • Z o22
Michael King Date
Director of Public Works
o
Cari e Date
Director o Finance
y_ Zo Z
Salvador Navarrete Date
City Attorney
f•G - Zz
Ste n J. Salvatore Date
City Manager
222

ATTACHMENT A
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE CREATION OF CIP PK 22- 40 BANTA SCHOOL ) OINT USE

COMMUNITY PARK IMPROVEMENTS, AWARD A CONSTRUCTION CONTRACT

FOR THE INSTALLATION OF A CRICKET PITCH, AND AUTHORIZING RELATED

BUDGET AMENDMENT FOR THE PURCHASE OF SOCCER GOALS
WHEREAS, at its March 14, 2022 meeting, Council approved a Joint Use Agreement and related Easement Agreement with the Banta Unified School District; and
WHEREAS, as part of this Joint Use Agreement, the City agreed to provide the following upgrades:

Provide five ( 5) sets of Heavy- Duty NCAA Regulation Portable Soccer Goals 24 feet wide, 8 feet high, and 9 feet deep); and
Design and install a 15' x 100' cricket pitch within the joint use area. The pitch will be concrete based and covered with an all- weather synthetic surface. The pitch will be located in a manner that provides minimal impact on the ability to provide multiple playing fields at this location; and WHEREAS, Staff have identified Westside Landscape and Concrete, Inc. as the lowest responsive and responsible bidder for this project at a cost not to exceed 62, 500 ($ 56, 754 base bid with a 10% contingency); and WHEREAS, Staff requests Council approve a construction contract with Westside Landscape and Concrete, Inc. for the construction of a Cricket Pitch at the Banta School ) oint Use Community Park; and
WHEREAS, Staff requests Council authorize an increase of $ 46, 900 into the FY2021- 22 Parks, Recreation and Maintenance Miscellaneous Equipment budget to cover the purchase of soccer goals.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop approves the creation of CIP PK 22- 40 Banta School Joint Use Community Park Improvements as well as authorizes the following budget amendments:

ATTACHMENT A
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves a construction contract with Westside Landscape and Concrete, Inc. and authorizes the City Manager to approve the purchase of soccer goals.

The foregoing resolution was passed and adopted this 11T" day of April 2022, by the following vote of:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 224
SECTION 00500
CRICKET PITCH- 18001 CONIMERCIAL STREET

CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT

CONTRACT
This Contract, dated April 11, 2022, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Westside Landscape & Concrete, Inc., ( Contractor), whose Taxpayer ldentification Number is For and in consideration of the following covenants, terms and conditions, City and Contractor( the parties) agree:
l. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.

2. General Scope of Project and Work. Construction Documents for the Cricket Pitch at 18001 Commercial Street Lathrop, CA 95330 ( Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.

The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to removal and disposal of existing turf, construction of a new cricket pitch within existing turf and complete restoration of affected irrigation and turf at 18001 Commercial Street Lathrop, CA 95330, and any task necessary to accomplish the aforementioned task.

The work shall be completed within 20 working days following issuance of Notice to Proceed.

The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.

Base Bid Total: $ 56, 754 ( Fifty Six Thousand Seven Hundred Fifty Four pollars)

3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference i. e. Project Specifications, Project Plans, addenda, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by Westside Landscape & Concrete, Inc. on March 23, 2022. For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
00500- 1
225
SECTION 00500
CRICKET PITCH- 18001 COMMERCIAL STREET
CUPCCAA INFORMAL B[ D SOLICITATION CONSTRUCTION CONTRACT

4. Compensation. In consideration of Contractor' s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.

Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s Public Works Director prior to commencement of any work.

5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project.

Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behal£ Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.

6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance with any Law respecting the condition, use, occupation or safery of the Project site, or any part thereof, or which arises from Contractor' s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term ofthis Contract, or arising thereafter.

7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.

8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach 00500- 2
226
SECTION 00500
CRICKET PITCH- 18001 COVIMERCIAL STREET

CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.

9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason ofthe use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.

DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' s default of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on- going obligation of the Contractor under the Contract Documents is the Contractor' s verification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.

The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' s verification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' s Subcontractor List submitted with the Contractor' s proposal for the Work is not DIR Registered at the time of opening of 00500- 3
227
SECTION 00500
CRICKET PITCH- 18001 COMMERCIAL STRF. ET

CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT proposals for the Work or if a Subcontractor' s DIR registration lapses prior to or during a Subcontractor' s performance of Work, the Contractor shall request the CITY' s consent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771. 1( c)( 3) and/ or Labor Code Section 1771. 1( d).

Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: ( i) the Contractor' s strict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' s obligation to: ( i) process any request for payment of any portion ofthe Contract Price; or( ii) to disburse any portion ofthe Contract Price to the Contractor.

The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: ( i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' s obligations under the Contract Documents unless the Contractor' s demonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4( a)( 4), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.

RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms 00500- 4
228
SECTION 00500
CRICKET PITCH- 18001 COMMERCIAL STREET
CUPCCAA INFORMAL BID SOL[ C[ TATION CONSTRUCTION CONTRACT provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY, the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereo£ However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. Ifthe requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address.

In the event of noncompliance with the requirements of this Article, Contractor shall have ten( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10- day period, Contractor shall pay a penalty of One- Hundred Dollars($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict 00500- 5
229
SECTION 00500
CRICKET PITCH- 18001 COMMERCIAL STREET
CUPCCAA INFORMAL BID SOLIC[ TAT[ ON CONSTRUCTION CONTRACT compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.

The responsibility for compliance with this Article shall rest upon Contractor.

10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice to Contractors.

11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and eyuipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' s Bid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
00500- 6
230
SECTION 00500
CRICKET PITCH- 18001 COMMERCIAL STREET

CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s ability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.

12. Assi n ment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
l3. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.

14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination ofthis Contract, City shall have the right to audit Contractor' s Project- related and Work- related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
l5. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if( l) personally served, ( 2) sent by the United States mail, postage prepaid,( 3) sent by private express delivery service, or( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), ( 2) or ( 3) above.

Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
00500- 7
231
SECTION 00500
CRICKET PITCH- 18001 COMNIERCIAL STREET

CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Copy: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE:( 209) 941- 7430
FAX: ( 209) 941- 7449
ATTN: Senior Construction Manager
To Contractor: Westside Landscape & Concrete, Inc.

Mailing Address: 27107 State Highway 33
Newman, CA 95360
Phone: 209) 862- 3908
EmaiL•
ATTN:

Miscellaneous
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 00500- 8
232
SECTION 00500
CRICKET PITCH- 18001 COMMERCIAL STREET
CUPCCAA INFORMAL BID SOLICITATION CONSTRLiCTION CONTRACT 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part ofthis Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. l0) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
1 1) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
00500- 9
233
SECTION 00500
CRICKET PITCH- 18001 CONIMERCIAL STREET
CUPCCAA INFORi fAL BID SOLICITATION CONSTRUCTION CONTRACT 17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT ( Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
00500-] 0
234
SECTION 00500
CRICKET P1TCH- 18001 COMMERCIAL STREET

CUPCCAA INFORMAL BID SOLICITATION CONSTRLICTION CONTRACT 25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.

EXHIBITS:

EXHIBIT A: Contractor' s Submitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after Ciry Manager' s approval.
00500- 11
235
SECTION 00500
CR[ CKET PITCH- 18001 COMMERCIAL STREET
CUPCCAA Ih`FORMAL BID SOLICITATION CONSTRUCTION COtiTRACT IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.

CONTRACTOR:

By:

Name:

Title:

CITY OF LATHROP
APPROVED AS TO FORM:

By:

Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

By:

Michael King, Director of Public Works
APPROVED:

By:

Stephen J. Salvatore, City Manager
00500- 12
236

EXHIBIT A
S; CTION {?0300
RICK' i I' t CC11- l${ 1111 CO It l. E2C1AL S' E FtFt. T CI PCC; i:1 li; F() RhtAl. B![) SCILiCI' I AT70ti BID PFtni'nS,ll. FOR IS ID ruo os. oums
TC; City of l. athrop
390 Tawne Centre Drive
I. at} rop, CA 95330
ATTENTlC? N: Public Warks Depanment
FOR: STEt M ACADEMY CRICKET Q1TCI3
fl#E UND RSiGNED, AS t31DDC' R, f-1# RE 3Y AGI2t. S ND DECLARES TI( AT:

LEGAL COMPi.. IANC:
riie only perst ns c r parties interested in this Bid as Principals arc thase named hcrein; that this Sid is made t ithaut collusion with any o[ l7er person, firm, partnership, ct rporation, or association; that he has carefully xamincd the locatio ofthe propt s+:d vark and the Constructian C? ocuments:
and he proposes and agrces that if this I3id is acceptcd he wil! contract with the City of Lathrop, in the lc rm oftlte Contract as se #' orth in the Construction Docum. nts for saicl prc ject, to provide ak! thc necess7ry labor, services, matet•i ls, and equipment, and ta d all the work and i'urnish all the maierials; and ti7at he tivill accept in full p y taent therel'orc the price as proposed in the tollt wing Bid Schcdulc.

SCNEDUE E OF f' RICES
Al) applicable permit !'ees, licensinb costs, salcs taxes, State, and/ or I' ederal, and any other taxes. patent rig} ts, or royalties are inrludcd in the prices quotcd in ti} c F3id. All blank spaces must Ue fillcd in.
3ASIS OF AWARD
The basis for a vard of`the contract will be lhe total price of the bid. The CiEy of i athrop reserves tlle right to award only the • ork contean lated by the totaf bid or nane aFthe vork. oa3oo237
SECTION 00300
CRICKET t' lTCf!—] 8001 CtJ;tiiMERGt: 1LSTI2Eb" 1'
C' Ui' CC. 1A INFtJR IAL Bli7 SOLICI' I`A"l[( J' Sti)!'! t() Pf) S, 1L Fi E21tS STFAM ACADEMY CRtCKET PITCII

BID SCHEDULE,
B
DESC 2IPTION QUANTITY UN[ TS

UNIT EXTENDED
TEM PRiCE TC?TAL
Mobilization, incl. 5ite Safety
g$, pop $ 5, 40f}. OQ
Fencing, SCF and Move In;`{7ut
Construct New Cricket Pitch per LS 5 5, 25 45,254. 00
Attached Alans and Specifications
Removal and Disposal of xistin
3 ' i' ur1`/ Soil and In; ress- C ress 1 LS $$, 500 $, Q. 00 Irri atian/ Turf Repairs
TO'I"AL BID: $ 7' Q
oTA, sin n woitDs: Fifty Six Thausand Seven H ncired Fifty Faur anti 00l100 00300- 2
238
SECTtON U 30
CRICKET I Tcii- iH c o ttiit: c t. t, s'rur:.

Clif' CC: 1a t tiFOR11, iL F3tb 50111C1" 1 r' i' IOY f31t) E' ROPQS(_ FQK\ iS INFQRiYiATION REQUIRED nF BIDI) ER
The Bidder{ Contractor} shall f'urnish thc f
llawing infor na ion. This info macion is cansidercd
essential in en bling the Project Mana cr ta deter nine ifthe Bidde is experienced in simiiar ty pes of e ark and if the Bid is based an a carefu! study of inethods pplicable to lhe wark and full reali7at on of the various iactors which may affcct the progress of thc work. Failurc to comnlv witl3 this requiremenE mav render the Bid nan- responsive and mav cause its rejcction. Additianal sheets shall be atkached as required.

BiDDER' S iNFORlYtATION
I) Bid er' s name and address:

Westside l.artdscape & Cancrete, Inc.
r..
271 t17 CA- 33 Newman CA 95360
Bidder' s telephane number: Cell. 209- 427 5778 Office: 249- 862- 3908 3} B dder' s fax numb r: 209- 8 i2-3608
Bidder° s Cantractor' s I. ice se { Class}; -$ C- 13, C- 27, OA9, icense No.. CSLB# 825160
EYpires: 1/ 30l2022
S) Person wlio inspected site of proposed work lor Contractor' s firrn:

Name: Jaime I. Alvarada Datcof' Inspcction: l1$ 202z
b) List a projects of a nature simiiar to tltis roject:

Projeet Contract Name, Address and
Price Telepllone Number of Owner
Alisal Cricket Pitch 60, 031. 70
P easanton Unifed Scfi aol District 4665 Bemal Ave
Pleasanton Ca 94566 925- 462- 5500
8anta Elementary Sehool bar+e vo azqwz L}ueaor al Marnencaue a qperaiia s {, c? 9zo- e9t Field Renovation 2' Qd
Bama Eiemen ary SJxsd Utis rc 2 37£] Rarsc p Rd 7racy CA Ficld RpkreaLon. Booster Pwnp tnstatl,
J4,, h.4.. Pleasanton UniGed School istrict 4665 Bemal Ave arwrrau Repa r
i leasanion Ca 84566 925-482 5fi0Q
Q0300- 3
239
SECTION 00300
CRICECE: T i' 1' T`Clt- 181141 C0:11 7 RCt. IL S7 EiG 1 Cl[' CC: A Iiti ORti1, iL!#1D SOLI(' E`[' A"i'[ 01 f3lD!' RO!' fltitll. F(? ItA1S List of Subcontractors:
1 hc f3idder shall list below the name and business address of each subcontractor ho wil! erfarm work under this Bid in excess ofone-halfof one percent ofthe Contractor' s Total Bid Price, and shall also list the portion of the b'VORK which « i! 1 be donc by such subcantractor, in accordance vith Section 4107 of the Public Cantract Code. slfter the opening of bids, no changes or s bstiWtions will be allo» ed exccpt as othenvise provided by la v. ' t+he listin ot more than one subcantra tor far each itein of work to be performed tiviih the rords" and/ or" tivi( I not be permitted.

Failure to comply with this requirement may render the Bid non- respansive and may cause its rejectian. Should the Contractor provide a bid that daes not require a subcantractar, the Contractor shall note thai an this pa e by writin;" Not Applicable" in the list belo«.

Subconirarit r
l i cnsc Pcrccni af
Wc rk to bc I' crformec Numbcr ibkal Contract Subcontractor` s Namc& Address Womack Striping Inc.
i. Court Stripinq 47795 1° l0 1336 Lone Palm Ave.
o es o,
209, 550. 0771

2. 6.

Note: Attach additional sheets if required.
030f)- 4
240
SECTION 00300
CRICK T f' tTCH- IS[ liFi C01iL1E:RCl.il,S' I' REE7`
Ct PCCA.•[ ttiPORl t. iL I3tD SOt. EC1' i'; T101i lD l' RO#' O,"rril.{ O12, 11S

ADDENDA
C3iclder ackno vleciges receipt of the following add ndum ( adclenda); 3 2 Z Z2.

Res cctfully submiued,
March 21, 2022 Westside Lanc#scape & Concrete, inc.

Dated Lega! Name of Firm
Si ature c f Autitiorircd Representative
Scal)
1(` Bidder is a corporation, show Stat i wl ich incarporated.) Califomia
The full names and post of`Ece acidresses af all persans and parties interested in ihe fare oing Sid as pri lci als are as follot Js:

NO ICL): Give first and last names in f-u11; in case of carporation, give names of President, Secr tary, Treasurer, and Mana; er, and in case af partnerships and jt int vcntures, ive na z rs ancl Past Office addresses of all lhe individual Encmbers,
Armando Garcia President
Rolando Garcia Treasure
Karina Casteneda Secretary
OQ304- 5
241
SECTIaN 00300
Cf21CF T PITCfi- iR001 C iliitE; E2CIAE. ST' REET
C[ PCCrt: ENl' t) Rh1AL BiD 5OLlCI' I' AT( Oti BID PROI' OSAL FOR11S BIDDIER' S BflND
1{ Nfl V ALL MEN BY THES PI2ESENT:

THAT WE West ide Landscat c& oncrete Inc
as F' RINCIPAL, and Granite Re, Inc. dba Granite Surety Insurance Campany as SURETY are held; and firmly band unto the City at' C, athrop in the penal sum of TEN P RCENT ( 14° 0) C} F THE TOTAL AMt7UNT UF THC BtD af the Principa! above named, s ibmikted by the Principal ta the City of Lathrap for tlze work described below, far the payment 4f wl ich sum in lawful money of the United States, Gvell and truly ta be i nade t the City of Lathrap ta u°hich the bid was submitted, we bind ourselves, our heirs, executors, administratars and successors, jointly and severally, firmly by those presents. In no case shall the Eiability of the surety I ereunder exceed the sum af io) Ten Percen u d
THE CCINDITIC3N OF THIS (3BLIGATIUN IS SUCH,
THAT, WHEREAS, the Principal has submitted the above mentiancd bid to the City of l. aihrop far certain construction specifically described as fallotivs, for which bids are to be opened at the City Hall, 390 Towne Centre Drive, Lathrap, CA: STEAM ACADLMY CRICKET PITCH.

Nt7 W, THEREFQRE, if the Principal is awarded the contract and within the time and manner requireci under the speci cations, after the prescribed forms are presented to him for si naturz enters into a written contract in the prescribed form, in accordance ith the bid, and files two bonds« Jith the City, ane to guarantee faithful perfarmance, and the other to guarantee payment for labor and matcrials as required by law, tllen this obligation shall be null and void; othenvise, it shall be and remain in full force.
04300- 6
242
SECTION UU300
CRlCK:' T' P17' CEi- 1ROOi Cq' 1t 1tE12CiAL ST( 2EF:' i' Ct" t' CC: 4 Iti1 t R 1AL S[ U SflLICiT: A' I' IOti BtD PRGI!' OSr1L Ft?R41S IN WITNESS WHCREt F, tive have hereunto set our hands and seals on this 2 th d y of March , 20
Vests' L nd a oncrete, Inc.

Granite Re, Inc. dba Granit
Sure Insurance Cam, an{ Scal)
5eai)
7"` ++ . K';:,'` ea, 7
Address. 27107 State Highway 33 Address: I4001 Quailbr" Gk Dri e Newman CA 953d0 Oklahoma Citv, t7I•: 73134
NOTE: Signatures of tt ose executing for the suretp must be praperly ackn wledged. ao oo- 7
243
A notary public or other ofticer completing this certificate verifies only the identity of the individual who signed the document to which this cenifccate is attached. and not the truthfulness. accuracv. or validitv of the document.

ACKNOWLEDGMENT OF PRINCIPAL
State of
County of
On this day of 20 , before me personally appeared
Here inserr Airme and Trtfe of'O,jJ'rccr
who proved tn me on the basis of satisfactory evidence to be the person A'mne ofSigner
whose name is subscribed to the within instrument and ackno vledged to me that he` she executed the same in his,fher authorized capacity, and that by hisfher signature on the instrument the person, or the entity upan behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the faregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Signatare of Notary Public

ACKNOWLEDGMENT OF SURETY
State of Oklahoma
County of Oklahoma
On this 24'' day of March, 2022 be1'ore me personally come( s) Kenneth D. Whittington, Attorney in- Fact of Granite Re, lnc. dba Granite Surety Insurance Company+ vith whom l am persanally acquainted, and who, being by me duly sworn, says that he reside( s) in Oklahoma City, Oklahama that he is the Attomey in Fact of Granite Re, ( nc. dba Granite Surety Insurance Company, the company described in and which executed the within instrument; that he know( s} the corporate seal of sach Company; and that the seal affixed to the within instrument is such corporate seal and that it was at ixed by order of the Board of Directars of said company, and he signed said instrument as Attomey( s)- in- Fact of the said Company by like order. ti ii
N A. q ,,
Ko F C"--- S'...._....

P °'•.,
1{ iisyn J man, No ublic
r # 21008705 ': Z
exP a ra rzs :
y' RY PV.\ G
rl I
cRo- a
244
GRANI7 RE, INC. DBA GRANITE SUR TY INSURANCE Ct}MPANY
GENERAL PQWER 0F ATfORNEY
Know all Men by these Presents:

That GRANITE RE, INC. OBA GRANITE SUREIY INSURA lCE COMPANY, a carparation arganized and existing under the laws at the State of MINNESOTA and having its principal office at the City af OKLAHQMA CIiY in the State of OKLAHt7MA does hereby constitute and appoint:

KENNETH D. WNITTINGi' ON; KYLE MCOONALD iis true and lawful Attorney- in- Fact( sJ for the fnllowing purposes, to wit:

Ta sign i#s narne as surety to, and ta execute, seai and acknawiQdge any and a! I bands, and to respectively do and perform any and all acts and things set forth n the resolutian of the Board af Directors of the said GRANI' tE RE, NC. 08A GFiAN1TE SURETY INSURANCE COMPANY a certified capy of which is hereto annexed and made a part of this Power af Attorney; and the said GRANJTE RE, WC, DBA GRANlTE 5UREfY INSURANGE COMPANY through us, its Board of Directors, hereby ratifies and confirrt s all and whatsoever the said:

KENN TH D. WHITi' INGTON; KYLE MCDONALD may lawfupy do in the premises by virtue of these presents.

In Witness Whereof, the said GRANfTE itE, INC. DBA GRANITE SIJRETY INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures af its President and Assistant Secretary, this 3rd day of lanuary, 2020.

T7" y+,+.
s nL
Kenneth[. Wh'stti on, President
STAl' E OF OKIAHOMA } r
SS:

COt1NTY OF OKlAHOMA } 1Cyl . McDonaid, Assistant Secretary On this 3 day of lanuary, 2020, before me persanaily came Kenneth D. Whittingtan, President of the RANITE RE, INC. OBA GRANITE SUREi' 1' INSURANCE COMPANY and Kyle P. McClonald, Assistant Setretary of said Company, with boti nf whom t am persanally acquainted, wha being by me severally duly sworn, said, ihat they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the Presicfent and tF e Assistant Secretary af GRANIT RE, INC. DBA GRANIT SUREiY INSURANCE COMPANY, Ehe eorporation described in and which execut d the foregoing Power of Attomey; that they each knew the seal of said torporation; that the seal affixed to said Power of Attorney was such corporate seaE, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by ike order as President and Assistant Secretary, respectively, ofthe Company. rt „,,,'
My Commissian Expires: y`','
April 21, 2023 Natary Public
Cammission#; 11t a3620 a,,,,
r,+c,'' a
GRANITE RE, INC.

Certificate
THE UNDERSlGNEO, befng tf e duly elected and acting Assistant Secretary of GRAlVITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY, a Minne$ata Corporation, HEREBY CERTIFIES that the foUawing resofution is a true and correct excerpt from the July 15, 1987, minutes of tF e meeting of the eoard of Qirectars of GRANITE RE, INC. DBA GRANITE SURETY INSURANC COMPA lY and that said Power of Attorney has not been revaked and is now in fup force and effect.

RESQLVED, that the President, any Vte President, the Assistant Secretary, and any Assistant Vice PreSident shafl each have authority to appoint individual5 as attorneys-in-fact or under other appropriate titfes with authority to execute on behalf of the company fidelity and surety bonds and ather do uments af similar charatter issued by the Company in the conrse oF its bus( ness.

On any instrumenE making or evidenting such appointment, the signatures may be a xed by facsimile. On any instrument tonferring such authority or an any bond or undertaking of the Campany, the seal, or a fatsirnifexhereof, may be impressed ar affixed' ar in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
N Wli' NE55 WHEREOF, the undersigned has subscri ie this Certificate and affixed the carporate seal af the Corporation this March 24 , 2422 ,
S..,
t /''
ytI
Kyle P. McDonald, Assistant Se retary
GR-00( GA} Ed 01- 22
245
j .

SECTION 00300
CRICKET PITCH— 180Q1 COA1 IERCI: IL S' t' RE: E7'
CL PCG IYFQR f; 1L BID SOLICI7' AT101 B[ PROI' OSr L FOK 1S NONCOLLUSiON AFFIDAVIT

STATE OF
ss.

COUNTY OF
Jaime (. Alvarado , being first duly sworn, deposes and says that he or she is stimalor/ Project Manager f Wesiside Landscape& Concrete, inc. the party making tlle foregaing bid 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 cofluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyonc shall refrain 1rom 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 of' that af 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, furtf er, that the bidder has not, directly or indirectly, submitted his or her bid price o any breafcdown thereof, or the contents thereof. or divul; ed information or data relative tliereto, or paid, and wil! not pay, any fee to any corporation, partnership. company associated, r anizalion, bid depasitory, or to any member or agent thereof to effectuate a Ilu ive o ham i Si na e of; President. Secretary,
Manager, Project Manager or Representative
The Caunty of. r.'.-'-•-
State of../. 7Z.c-C, ' ____
Subscribed aud..s.uFac 1e{ or aFfirmed) beFore me
on th is,;„ day of,"_'_J`t',r.,,, .d11 20 r.-- by
dctF!- '. f, , proved to
e on the basis of satisfactory evidence to be dle
Y`',`" i4 ,{ w.-''
person( s) who appeared before me.

Seal
Signature
0030a- 8
246
CALf QRNIA JUFtAi' GC?V RNMEN7 Ct L E § 8202
notary public Qr other offiicer completing this certificate verifies only the icten#i# y of# h individuai vht signed the docurnent to wh':ch this certificate is attached, and not ihe iruthfuiness, acc racy, or vslidity af that dc cume t.

State of California
C untyof , o„
i..

Subscribed and swam to( or a rmeci} before me on
this day of_ 0, by
Oate Month Year
CARAIEN D. ANAYA 1}
Notary Pub tic- Ca tornia
SUnisEaus County
Lommluioat 4 2371644
e-•'` My Comm. Oires Au; 2!. 2015 and( 2)
Name(s) of Signer(s)
proved to me on the basis o# satfsfaciary evidence to
be the persort j who appeared before me.

Signature
Ffoce Notary Seal and/ ar Stamp Above Srgnature of Notary Publrc UP" 1{) t IAL
Cor»pleting this infarmcrtion can d ter rrlteraf+on of the documen; or frouduteni reattachment t; this form ic an unintendec! dacument.

Description of Aitached Documeni
Title ar 1' y
e of Dacument: 9-'`
Oocument Date: _, 1,,., Number o# Pages:,,_,..:,„
Signer( s} Qther Than Nerned Above:
f$ i 1: 4 t. CF.s kl 4 F _, "' 4' .:'. 3fi h. l" k F . ft it3 2Q19 tVatianai fvotery Assoc+aiian
247
SECTION 0030( l
cu c: hr r• rcti- it a cc ti1:`.« c. i. s: E: r
CUPCC: 1r1 Ii1FOE2 1: 11. B[ t) SOL[ CIl"ATl4; ti f#li) 1' ROl' 05:11. NOI2JlS PUI3LIC COIVTRACT COi} E SECTION Itllfi2 QUESTid1VNAIRE ln accorda ice ivith Public Contract Codc Section 10162, the E3idder st all comple[ e, under penalty of erjury, thc following quescionnaire:

Has tl e Bidder, any off ccr af the Sidder, ar any employee of the BidcEer, vl o lias a praprietary interest in the Bidder, ever bcen disqualified, removed, or othenvise prevented from bidc ing an, or completing a federal, state, or local avernment prajecc because of a violacian af lativ or a safety re; ulation? Yes No
If' the answ r is yes, explain the circun stances in titie following space.

PUBLtC COtVTRACT SECTION 10? 32 STATEMENT
n accordance with Public Contract Code Section 10? 3?, thc Contractar herchy statcs undcr penalty of perjury, that na more tl a one fina{ una peala le f i din; of cc ntempt of court by a federa{ court has been issued against the Contractor vit}un thi imrnediatel} preceding itivo ycar period becausc of' the Contractor' s failure to camply witf an order ai' a federal court tivfiich ord. rs the Coniractor to com ly with an arder ofthe National Labor ReEaiions 13aard. i 10TE; The abave Statemeni and Questionnairc are part of the Propc sal. SiLnin this proposal on the signaturc pcsrtian thercof shal) also constitute si; nature ofd is Statement and Questionnairc.

Bidde.rs are c; autioned that making a false certification may subject the ccrtifier to criminal prosecution.

ND OF SECTION)
00360- 9
248
ITEM 4. 10

CITY MANAGER' S REPORT
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF FINAL MAP, C2 COMMUNITY PARK

OFFER OF DEDICATION BY GRANT DEED, AND
SUBDIVISION IMPROVEMENT AGREEMENT FOR 23
LOTS IN TRACT 3794 VILLAGES C6" AND C7"

WITHIN SOUTH RIVER BEND DISTRICT OF RIVER

ISLANDS
RECOMMENDATION: Adopt Resolution Approving Final Map for Tract 3794 Villages C6" and " C7" within the South River Bend
District, Totaling 23 Single Family Lots, C2
Community Park Offer of Dedication by Grant Deed,
and Subdivision Improvement Agreement with River
Islands Custom Homesites, LLC
SUMMARY:

The proposed Final Map for Tract 3794 will subdivide Villages " C6" and " C7" into twenty- three ( 23) semi- custom home lots. A Vicinity Map is included as Attachment B„
Staff recommends that the City Council approve the proposed Final Map Tract 3794, Villages " C6" and " C7" and Subdivision Improvement Agreement ( SIA) with River Islands Custom Homesites, LLC ( River Islands"), included as Attachment " C".

River Islands has completed the design of the C2 Community Park located on Garden Farms Avenue between Dell' Osso Drive and Oberlin Avenue and provided performance and labor & materials security to guara tee the completion of the improvements with the SIA for Tract 3794. ftiver Islands has also provided an Offer of Dedication by Grant Deed for the C2 Community Park land and staff recommends that the City Council approve the acceptance of the land.

BACKGROUND:

The City of Lathrop City Council approved Vesting Tentative Map ( VTM) 3694 on March 27, 2007 and an amended VTM 3694 with updated conditions of approval on June 1, 2015. On September 4, 2013, the City of Lathrop Planning Commission approved a Neighborhood Design Plan ( NDP) and Architectural Guidelines and Design Standards ( AG/ DS) for the South River Bend District, known as Stage 1A, within Phase 1 of the project. The land for the proposed Final Map for Tract 3794 is within the geographic boundaries of VTM 3694 and Stage 1A.

As required by the City' s subdivision ordinance, all final maps must include a Subdivision Improvement Agreement ( SIA) to guarantee specific offsite and onsite improvements.
249
CITY MANAGER' S REPORT PAGE 2
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF FINAL MAP, C2 COMMUNITY PARK OFFER OF DEDICATION BY GRANT DEED, AND SIA FOR 23 LOTS IN TRACT 3794 VILLAGES C6" AND C7" WITHIN SOUTH RIVER BEND DISTRICT OF RIVER ISLANDS
Construction of the improvements associated with Villages " C6" and C7" is complete and therefore no performance or labor & materials security for Tract 3794 is necessary. The acceptance of the improvements for maintenance will be proposed tentatively at the May 2022 City Council meeting. Prior to acceptance, River Islands will be required to provide a one ( 1) year warranty bond.

The SIA for Tract 3794 refers to the Agreement for Dedication, Inspection, and Guarantee of Streets and Public Improvements (" Off- site Agreement") that was approved by the City on September 30, 2013. Although the Off- site Agreement applies to Tract 3794, the Final Map will not trigger any additional offsite improvements or security.

Section 9 of the SIA requires River Islands to complete design, provide security and dedicate the land for the 16. 2 acre C2 Community Park located on Garden Farms Avenue between Dell' Osso Drive and Oberlin Avenue. The design is complete and has been approved by the City. River Islands has provided performance and labor & materials bonds in the amounts shown in Table 1 below to guarantee the park improvements. River Islands has provided an Offer of Dedication for the park land to be approved Jvith this item, included as Attachment " F".

Table 1 - Communit Park Bond Values
Im rovement Total: 8, 413, 506. 89
Performance Bond Bond No. 0799663 : 9, 254, 857. 58
Labor & Materials Bond Bond No. 0799663 4, 627, 428. 79 Villages " C6" and C7" were annexed to Community Facilities Districts ( CFDs) No. 2016- 1 Annexation No. 10 for maintenance purposes in 2016. River Islands must satisfy the Escrow Instructions, included as Attachment " D", to guarantee the payment of all fees and execution of the documents related to the SIA.

REASON FOR RECOMMENDATION:

River Islands has fulfilled all of the requirements of the City' s subdivision ordinance as listed below:

Documents Status

1. Final Map ready for signature Completed

2. Subdivision Improvement Agreement Completed

3. Performance Security - Uncompleted Landscaping and
Not Required
Miscellaneous Im rovements

4. Labor and Materials Security - Uncompleted Landscaping Not Required and Miscellaneous Im rovements

5. Street Improvement, Landscape, Light & ) oint Trench Completed 250
CITY MANAGER' S REPORT PAGE 3
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF FINAL MAP, C2 COMMUNITY PARK OFFER OF DEDICATION BY GRANT DEED, AND SIA FOR 23 LOTS IN TRACT 3794 VILLAGES C6" AND C7" WITHIN SOUTH RIVER BEND DISTRICT OF RIVER ISLANDS

6. Geotechnical Report Completed

7. Agreement for Backbone Improvements and Parks
Agreement for Dedication, Inspection and Guarantee Completed of Streets and Public Im rovements)

8. Approval of 3 d Amendment to Development
Agreement that guarantees creation of CFD for City
Maintenance and Shortfalls, and Guarantee of Completed
Developer CFDs for Developer/ other public agency
Maintenance

9. Allocation of Water and Sewer capacity Completed

10. Recommendation for approval from Stewart Tract
Completed
Desi n Review Committee

11. Submitted Certificate of Insurance, Tax Letter Completed

12. Submitted Preliminary Guarantee of Title Completed

13. Escrow Instructions Completed

14. Tract 3794 Villages " C6" and C7" - City of Lathrop Community Facilities District No. 2016- 1 Annexation Annexed in 2016 No. 10
Fees Status

1. Final Map plan check fee Paid

2. Improvement Plans - Plan check and inspection fees Paid

3. Sierra Club Settlement fee
To be paid in
escrow
FISCAL IMPACT:

There is no fiscal impact to the City as all costs are covered by development fees and any shortfalls in the City' s maintenance and operating costs are covered by the CFDs.

ATTACH M ENTS:

A. Resolution Approving Final Map for Tract 3794 Villages C6" and " C7" within the South River Bend District, Totaling 23 Single Family Lots, C2 Community Park Offer of Dedication by Grant Deed, and Subdivision Improvement Agreement with River Islands Custom Homesites, LLC
B. Vicinity Map - Villages ' C6" and " C7"
C. Subdivision Improvement Agreement between the City of Lathrop and River Islands Custom Homesites, LLC, a Delaware limited liability company, for Tract 3794, Villages ' C6" and " C7"
251
CITY MANAGER' S REPORT PAGE 4
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF FINAL MAP, C2 COMMUNITY PARK OFFER OF DEDICATION BY GRANT DEED, AND SIA FOR 23 LOTS IN TRACT 3794 VILLAGES C6" AND C7" WITHIN SOUTH RIVER BEND DISTRICT OF RIVER ISLANDS
D. Escrow Instructions - Final Map Tract 3794 Villages C6" and C7", including Offer of Dedication by Grant Deed - C2 Community Park
E. Final Map - Tract 3794 Viliages C6" and " C7"
252
CITY MANAGER' S REPORT PAGE 5
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
APPROVAL OF FINAL MAP, C2 COMMUNITY PARK OFFER OF DEDICATION BY GRANT DEED, AND SIA FOR 23 LOTS IN TRACT 3794 VILLAGES C6" AND C7" WITHIN SOUTH RIVER BEND DISTRICT OF RIVER ISLANDS

APPROVALS
yb Z
Brad ylor Date
Land Development Manager
z2
Glenn Gebhardt Date
City Engineer
1{• lo • Zo Z2
Michael Ki Date
Public Works Director
i,
D.? lv/ I.2oZ
Cari Jam Date
Finance irector
zo z
Salvador Navarrete Date
City Attorney
a• 2z
Ste n J. Salvatore Date
City Manager
253
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING FINAL MAP FOR TRACT 3794 VILLAGES C6" AND C7" WITHIN THE SOUTH RIVER BEND DISTRICT, TOTALING 23 SINGLE FAMILY LOTS, C2

COMMUNITY PARK OFFER OF DEDICATION BY GRANT DEED, AND

SUBDIVISION IMPROVEMENT AGREEMENT WITH RIVER ISLANDS CUSTOM

HOMESITES, LLC
WHEREAS, the City of Lathrop City Council approved Vesting Tentative Map VTM) 3694 on March 27, 2007 and an amended VTM 3694 with updated conditions of approval on June 1, 2015; and
WHEREAS, on September 4, 2013, the City of Lathrop Planning Commission approved a Neighborhood Design Plan ( NDP) and Architectural Guidelines and Design Standards ( AG/ DS) for the South River Bend District, known as Stage 1A, within Phase 1 of the project; and
WHEREAS, the land for the proposed Final Map for Tract 3794 is within the geographic boundaries of VTM 3694 and Stage 1A; and
WHEREAS, as required by the City' s subdivisian ordinance, all final maps must include a Subdivision Improvement Agreement ( SIA) to guarantee specific offsite and onsite improvements. Construction of the improvements associated with Villages C6" and C7" is complete and therefore no performance or labor & materials security is necessary; and
WHEREAS, acceptance of the public improvements associated with Villages C6" and C7" will be proposed at the May 2022 City Council meeting. Prior to acceptance, River Islands Custom Homesites ( River Islands) will be required to provide a one ( 1) year warranty bond; and
WHEREAS, Section 9 of the SIA requires River Islands to complete design, provide security and dedicate the land for the 16. 2 acre C2 Community Park located on Garden Farms Avenue between Dell' Osso Drive and Oberlin Avenue.

WHEREAS, the design is complete and approved by the City. River Islands has provided performance and labor & materials bonds in the amounts shown in Table 1 below to guarantee the park improvements and provided an Offer of Dedication for the park land; and
Table 1 — Community Park Bond Values
Im rovement Total: 8, 413, 506. 89
Performance Bond Bond No. 0799663) 9, 254, 857. 58
Labor & Materials Bond Bond No. 0799663) 4, 627, 428. 79 254
WHEREAS, Villages C6" and C7" were annexed to Community Facilities Districts ( CFDs) No. 2016- 1 Annexation No. 10 for maintenance purposes in 2016; and
WHEREAS, River Islands must satisfy the Escrow Instructions, included as Attachment " D" to the City Manager' s Report, to guarantee the payment of all fees and execution of the documents related to the SIA.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop that approved and accepts the following actions:

1. The Final Map for Tract 3794 and is hereby approved as submitted for recordation with the San Joaquin County Assessor/ Recorder/ County Clerk Office. The recorded executed copy will be filed with the City Clerk.

2. The City Manager, or their designee, is authorized to execute a Subdivision Improvement Agreement with River Islands Custom Homesites, LLC in substantially the form as attached to the April 11, 2022 staff report, the file executed copy will be filed with the City Clerk.

3. The City Clerk, or their designee, is authorized to execute a Certificate of Acceptance for the C2 Community Park Offer of Dedication by Grant Deed, which is hereby approved as submitted for recordation with the San Joaquin County Assessor/ Recorder/ County Clerk Office. The recorded executed copy will be filed with the City Clerk.
255
PASSED AND ADOPTED by the City Counci) of the City of Lathrop this 11tn day of April, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FO .

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 256

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VICINITY MAP
APRIL 2022
257

ATTACHMENT C

SUBDIVISION IMPROVEMENT AGREEMENT

BY AND BETWEEN THE CITY OF LATHROP AND
RIVER ISLANDS CU5TOM HOMESITES, LLC,

DELAWARE LIMITED LIABILITY COMPANY
FOR TRACT 3794 VILLAGES " C6" & " C7" 23 RESIDENTIAL LOTS

RECITALS
A. This Agreement is made and entered into this llth day of April 2022, by and between the CITY OF LATHROP, a municipal corporation of the State of California ( hereinafter " CITY") and River Islands Custom Homsites, LLC, a Delaware limited liability company, ( hereinafter SUBDIVIDER").

B. Pursuant to Division 2 of Title 7 of the Government Code of the State of California and the CITY' s Subdivision Regulations ( City of Lathrop, Code of Ordinances, Chapter 16), SUBDIVIDER is required to make dedications and improve Tract 3794. However, SUBDIVIDER has completed all of public infrastructure improvements associated with Tract 3794( Villages" C6" C7") located within the South River Bend District of River Islands Phase 1, which also includes major streets necessary to access the site and therefore Performance and Labor & Material securities are not required.

C. SUBDIVIDER has completed the joint trench improvements for Tract 3794 and as noted in Recital B. Improvement plans, and street light plans prepared by Power Systems Design, Inc. have already been approved by the City.

D. Pursuant to SUBDIVIDER' s VTM 3694 Condition of Approval No. 118, SUBDIVER is required to complete construction and CITY is to accept the improvements of 20 acres of Community Park improvements within 12 months of approval of the final map that reates the 1800` residential unit within VTM 3694. In addition, SUBDIVER is required to complete construction and CITY is to accept improvements of 41 acres of Community Park improvements within 12 months of approval of the final map that creates the 3600t residential unit within VTM 3694 to complete the Community Parks requirements. SUBDIVIDER currently has 3320 approved residential units and therefore, 20 acres of Community Park improvements shall be completed at this time. SUBDIVIDER has approved plans for Community Park C2, totaling 16. 2 acres. Performance and Labor& Materials securities have been provided with this Agreement that guarantee the completion of the improvements for Community Park C2, in the amount shown in Section 9 of this Agreement.
258
Subdivision Improvement Agreement( River Islands Custom Homesites, LLC) Tract 3794 Villages " C6" & " C7"
NOW THEREFORE in consideration of CITY' S pending approval and acceptance of the Improvements upon their satisfactory completion, and in consideration of SUBDIVIDER' S construction of Improvements in strict accordance with the terms of this Agreement, all applicable laws, statutes, ordinances, rules and regulations currently in force and effect in CITY, the terms and conditions of which are incorporated herein by this reference, the parties hereto mutually covenant and agree as follows:

1. SUBDIVIDER shall complete construction of, or cause construction to be completed at its sole cost and expense, the Improvements for all of the lots within the South River Bend neighborhood, to the limits identified in Exhibit "A", including the public landscaping, streetlight and joint trench improvements. A Vicinity Map is included as Exhibit `B".

All improvements shall be constructed to the satisfaction and approval of the City Engineer, in a good and workmanlike manner in accordance with the above referenced improvement plans and specifications, the improvement standards and specifications of the CITY' S Department of Public Works, the applicable Ordinances of the City of Lathrop and the California Subdivision Map Act.

2. SUBDIVIDER shall complete the Improvements, including all deferred, unfinished and park improvements, prior to occupancy of the last home constructed in Tract 3794 that is conveyed to a private interest not associated with the transfer of title of Tract 3794 associated with the filing of Tract 3794( homebuilder), prior to the completion and occupancy of the last production dwelling unit associated with Tract 3794, or April ll, 2023, whichever comes first. Such occupancy shall be documented by CITY in the form of a Certificate of Occupancy or Final Building Permit.

3. CTTY, or its agent( s), shall, at any time during the progress of the Improvements, have free access thereto, and shall be allowed to examine the same and all material to be used therein. If the Improvements or any part thereof are not completed in strict compliance with the standards set forth in Paragraph 1 above, CITY may refuse to accept and may reject the defective Improvements and/ or materials therein.

4. SUBDIVIDER shall secure the services of skilled personnel necessary to construct the Improvements. CITY is not skilled in these matters and relies upon the skill of the SUBDIVIDER to ensure that the construction of the Improvements is in the most skillful and durable manner.

5. CITY' S acceptance of the Improvements does not operate as a release of SUBDIVIDER from any guarantee hereunder.

6. SUBDIVIDER guarantees and warrants that the Improvements shall be constructed in compliance with the standards set forth in Paragraph 1 above, free from any defects in work or labor done, and from any defects in materials furnished. Further, SUBDIVIDER shall repair and maintain the Improvements in good condition and in accordance with CTTY specifications for one 1) year after CITY' S acceptance of the Improvements. As required by this Agreement, prior to acceptance of the Improvements, SUBDIVIDER shall deposit with the City Engineer a Warranty Bond equal to 10% of the estimated cost of the Improvements for the Villages " C6" and " C7" entire area to insure SUBDIVIDER' S repair and warranty of the Improvements in accordance with the terms of this Agreement.
259
Subdivision Improvement Agreement ( River Islands Custom Homesites, LLC) Tract 3794 Villages " C6" & " CT'
The Warranty Bond shall be released at the end of the one year guarantee period, provided there are no claims against it are then outstanding.

7. If SUBDIVIDER, in whole or in part, abandons the Improvements, or unnecessarily or unreasonably delays construction of the Improvements, fails to complete construction of the Improvements within the time specified in this Agreement, or fails to repair.

Replace or reconstruct any defects, as set forth in Paragraph 6 above, CITY may, but is not required to, proceed to complete and/or repair, replace, or reconstruct the Improvements, either by itself or by contract for such service, and CITY may cause to be forfeited such portion of any security deposited therein as is necessary to cover the costs of completion, repair, replacement, or reconstruction incurred by CITY.

Once action is taken by CITY to complete, repair, replace and/ or reconstruct the Improvements, SUBDIVIDER shall be responsible for all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work.

The CITY shall have recourse against SUBDIVIDER for any and all amounts necessary to complete the obligations of SUBDIVIDER in the event the security ( including but not limited to any Letter of Guarantee, Certificate of Deposit, cash, bond for performance, labor and materials and repair and maintenance, letter of credit or cash deposit) therefore is insufficient to pay such amounts. All administrative costs, including reasonable attorney' s fees pursuant to Government Code Section 66499. 4, incurred by the CITY, in addition to the costs of the improvements shall be a proper charge against the security and SUBDIVIDER. In the event it becomes necessary for CITY to bring an action to compel performance of this Agreement or to recover costs of completing such improvements, SUBDIVIDER shall pay reasonable attorney' s fees, costs of suit and all other expenses of litigation incurred by CITY in connection therewith.

8. Because the Improvements are complete, the SUBDIVIDER is not required to post Performance or Labor & Materials bonds ta guarantee the improvements associated with Tract 3794.

9. Pursuant to SUBDIVIDER' s VTM 3694 Condition of Approval No. ll8, SUBDIVER is required to complete construction and CITY is to accept the improvements of 20 acres of Communiry Park improvements within 12 months of approval of the final map that creates the 1800`" residential unit within VTM 3694, referred to as Phase I. In addition, SUBDIVER is required to complete construction and CITY is to accept improvements of 41 acres of Community Park improvements within 12 months of approval of the final map that creates the 3600rh residential unit within VTM 3694 to complete the Community Parks requirements, referred to as Phase II.

SUBDIVIDER currently has 3320 approved residential units and therefore, 20 acres of Community Park improvements shall be completed within the terms set forth in Section 2 and this Agreement. CITY has approved plans for Community Park C2, totaling 16. 2 acres, and SUBDIVIDER has dedicated the park land to CITY with this agreement. Performance and Labor Materials securities, based on the contract cost included as Exhibit " D", have been provided with this Agreement that guarantee the completion of the improvements for Community Park C2, in the amount shown in below in Table 1.
260
Subdivision Improvement Agreement( River Islands Custom Homesites, LLC) Tract 3794 Villages " C6" & " C7"
Table 1 — Community Park Bond Values
Im rovement Total: 8, 413, 506. 89
Performance Bond ( Bond No. 0799663): 9, 254, 857. 58
Labor & Materials Bond ( Bond No. 0799663): 4, 627, 428. 79

10. Any alteration( s) made to the plans and specifications, which are a part of this Agreement, or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part thereof. The above referenced sureties hereby consent to such alterations and waive the provisions of California Civil Code Section 2819.

11. Neither the CITY nor any of its officers, employees or agents shall be liable to SUBDIVIDER, and/ or SUBDIVIDER' S agents, contractors or subcontractors for any error or omission arising out of or in connection with any work to be perfarmed under this Agreement.

12. Neither the CITY nor any of its officers, employees, or agents, shall be liable to the SUBDIVIDER or to any person, entity, or organization, for any injury or damage that may result to any person or property by or from any cause in, on, or about the subdivision of all or any part of the land covered by this Agreement.

13. SUBDIVIDER hereby agrees to, and shall hold CITY, its elective and appointive boards, commissions, officers, agents and employees ( collectively, " Indemnitees"), harmless from any liability for damage or claims which may arise from SUBDIVIDER and/ or SUBDIVIDER' S contractors, subcontractors, agents, or employees' operations under this Agreement, whether such operations be by SUBDIVIDER or by any SUBDIVIDER contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, SUBDIVIDER or any of SUBDIVIDER' S contractors or subcontractors. SUBDIVIDER shall, at its own cost and expense, defend any and all actions, suits, or legal proceedings or any type that may be brought or instituted against CITY and indemnities on any claim or demand, of any nature whatsoever, and pay or satisfy any judgment Chat may be rendered against CITY and the Indemnitees in any such action, suit or legal proceedings, resulting from or alleged to have resulted from SUBDIVIDER' S performance or non- performance of his duties and obligations under this Agreement, or from the negligent act ar omission of himself, his agents, contractors, representatives, servants or employees. The promises and Agreement to indemnify and hold harmless set forth in this section is not conditioned or dependent on whether or not any indemnity has prepared, supplied or approved any plan or specification in connection with this work or subdivision, whether or not any such indemnity has insurance or indemnification covering any of these matters. CITY does not, and shall not; waive any rights against SUBDIVIDER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY of any deposit with CITY by SUBDIVIDER. The aforesaid hold harmless agreement by SUBDIVIDER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied or approved of, plans and/ or specifications for the subdivision. 261
Subdivision Improvement Agreement( River Islands Custom Homesites, LLC) Tract 3794 Villages " C6" & " C7"

14. Neither SUBDIVIDER nor any of SUBDIVIDER' S agents, contractors or subcontractors are, or shall be, considered to be agents of CITY in connection with the performance of SUBDIVIDER' S obligations under this Agreement.

15. Prior to acceptance of the Improvements by the City Council, the SUBDIVIDER shall be solely responsible for maintaining the quality of the Improvements, and maintaining safety at the project site. The SUBDIVIDER' S obligation to provide the Improvements shall not be satisfied until after the City Engineer has made a written determination that all obligations of the Agreement have been satisfied and all outstanding fees and charges have been paid, and the City Council has accepted the Improvements as complete. The CITY and SUBDIVIDER have formed Community Facilities Districts to finance maintenance and improvements. The CITY expects to preserve the ability to use future special taxes of the CFD for payment of the cost of acquisition of the Improvements, which may require that acceptance of improvements by CITY be subject to the provisions of an acquisition agreement to be entered into by the CITY and SUBDIVIDER providing that CITY expects to be paid or reimbursed acquisition costs through future CFD special taxes. SUBDIVIDER shall cooperate to facilitate such method of acquisition.

16. SUBDIVIDER shall pay service fees for the utility services from the time the Improvements are accepted by the CITY to the end of the fiscal year, or up to a one( 1) year period, whichever is needed to ensure an opportunity for the Improvements to be included in the next fiscal year annual assessment.

17. SUBDIVIDER shall be responsible to sweep streets within the subdivision every two weeks as directed by the City Engineer, on all streets where lots are occupied and all streets providing access to occupied lots until the Improvements are accepted by the CTTY.

18. SUBDIVIDER shall not assign this Agreement without the prior written consent of CITY.

If such consent is given, the terms of this Agreement shall apply to and bind the heirs, successors, executors, administrators and assignees of SUBDIVIDER, and any heirs, successors, executors, administrators and assignees of the SUBDIVIDER and shall be jointly and severally liable hereunder.

19. The SUBDIVIDER shall, at the SUBDIVIDER' S expense, obtain and maintain all necessary permits and licenses for construction of the Improvements. Priar to the commencement of Improvement construction, the SUBDIVIDER shall obtain a City of Lathrop Business License.

The SUBDIVIDER shall comply with all local, state and federal laws, whether or not said laws are expressly stated in this Agreement.

20. This Agreement and any amendments hereto comprise the entire understanding and agreement between the parties regarding the improvements to be constructed and dedications for Tract 3794.

21. The following miscellaneous provisions are applicable to this Agreement:
a. Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the laws of the State of California. 262
Subdivision Improvement Agreement( River Islands Custom Homesites, LLC) Tract 3794 Villages " C6" & " C7"
b. Definitions. The definitions and terms are as defined in this Agreement. c. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
d. Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. e. Incorporation of Documents. All documents referred to herein and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated herein and shall be deemed to be part of this Agreement. f. Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. g. Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
h. Successors and Assigns. Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
i. Time of the Essence. Time is of the essence of this Agreement and each of its provisions.

In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day. j. Venue. In the event either party brings that suit hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin.

ATTACHMENTS:

EXHIBIT A FINAL MAP - TRACT 3794
EXHIBIT B TRACT 3794 AND VILLAGE " C6" and " C7" AREA
EXHIBIT C: CITY INSURANCE REQUIREMENTS
EXHIBIT D: CONTRACT COST FOR C2 COMMUNITY PARK
263
Subdivision Improvement Agreement( River Islands Custom Homesites, LLC) Tract 3794 Villages " C6" & " CT'
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this l lth day of April 2022, at Lathrop, California.

ATTEST: TERESA VARGAS CITY OF LATHROP, a
City Clerk of and for the Ciry municipal corporation of the of Lathrop, State of California State of California
BY: BY:

Teresa Vargas Date Stephen J. Salvatore Date
City Clerk City Manager

APPROVED AS TO FORM BY THE CITY OF LATHROP CITY ATTORNEY BY:

Z- 4/- 2-p.- Z
Salvador Navarrete Date
Ciry Attorney
264
Subdivision Improvement Agreement( River Islands Custom Homesites, LLC) Tract 3794 Villages " C6" & " CT'

SUBDIVIDER
River Islands Custom Homesites, LLC,
a Delaware limited liability company
BY:

Susan Dell' Osso
President
265
Subdivision Improvement Agreement( River Islands Custom Homesites, LLC) Tract 3794 Villages " C6" & " C7"
EXHIBIT " A"
FINAL MAP - TRACT 3794
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EXHIBIT " B"
TRACT 3794 VILLAGE " C6" and " C7" AREA
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284
Subdivision Improvement Agreement( River Islands Custom Homesites, LLC) Tract 3794 Villages " C6" & " C7"
EXHIBIT " C"

CITY INSURANCE REQUIREMENTS

1. The Subdivider shall obtain commercial general liability insurance companies licensed to do business in the State of California with an A.M. Best Company rating Insurance rating of no less than A:VII which provides coverage for bodily injury, personal injury and property damage liability in the amount of at least $ 1, 000, 000 for each occurrence and $ 2, 000, 000 in the aggregate.

Said insurance coverage shall be evidenced by a certificate of insurance with policy endorsements, executed by an authorized official of the insurer( s). All parties to the Subdivision Improvement Agreement must be named insured on the policy. The policy endorsements to be attached to the certificate must provide all the following:
a. Name the City of Lathrop, its officers, City Council, boards and commissions, and members thereof, its employees and agents as additional insured as respects to any liability arising out of the activities of the named insured. A CG 2010 or CG 2026 endorsement form or the equivalent is the appropriate form.
b. State that " the insurance coverage afforded by this policy shall be primary insurance as respects to the City of Lathrop, its officers, employees and agents. Any insurance or self-insurance maintained by the City of Lathrop, its officers, employees, or agents shall be in excess of the insurance afforded to the named insured by this policy and shall not contribute to any loss.
c. Include a statement that, " the insurer will provide to the City at least thirty (30) days prior notice of cancellation or material change in coverage." The above language can be included on the additional insured endorsement form or on a separate endorsement form. d. The policy must contain a cross liability or severability of interest clause. e. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
285

ACO DATE( MMIDDIYYVV)
CERTIFICATE OF LIABILITY INSURANCE oaiosizoz2
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVEIY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

PRODUCER CONTACT
Alliant Insurance Services, IIC. PHONE
Michelle Sanchez _
FAx
333 S Hope St Ste 3750 AIC No Ext: A/ C No:

Los Angeles CA 90071 nooRess: Michelle. Sanchez alliant. com INSURER(S) AFFORDING COVERAGE NAIC#
icense#: oC368s1 iNsuReRn: United S ecialt Insurance Com 12537 INSURED RIVEISL- 01 NSURERB:

River Islands Custom Homesites, LLC
73 W. Stewart INSURER C:

Lathrop CA 95330 INSURERD:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 348285461 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR
7ypE OF INSURANCE

ADDL SUBR POLICY EFF POLICY EXP

LTR IN D W D POLICY NUMBER MM/ DD/WYV MM/ DDIYYYY LIMITS A X COMMERCIALGENERAL LIABILITY Y ATN2117764P 3/ 19/ 2021 3/ 19/ 2024 EACH OCCURRENCE 2, 000, 000

CLAIMS- MADE OCCUR

DAMAGE TO RENTED
PREMISES Ea occurrence $ .

MED EXP( Any one person) $
PERSONAL& ADV INJURY $ 1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2, 000, 000 POLICY ECT LOC PRODUCTS- COMP/ OP AGG $ 2, 000, 000
OTHER:

AUTOMOBILELIABILITY COMBINEDSINGLELIMIT $
Ea accident
ANYAUTO BODILYINJURY( Perperson) $

OWNED SCHEDULED
BODILY INJURY( Per accident) $ AUTOS ONLY AUTOS

HIRED NON- OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident

UMBRELLALIAB OCCUR EACHOCCURRENCE

EXCESS LIAB CLAIMS- MADE AGGREGATE
DED RETENTION$ g
WORKERS COMPENSATION PER OTHAND EMPLOYERS' LIABILITV
Y N

STATUTE ER

ANYPROPRIETOR/ PARTNER/ EXECUTIVE ELEACHACCIDENT
OFFlCER/ MEMBEREXCLUDED? N A
Mandatory in NH) E. L. DISEASE- EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DiSEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: FM 3794 C
City of Lathrop, its officers, City Council, boards and commissions and members thereof, its employees and agents are included as Additional Insureds as respects to General Liability. General Liability shall be Primary and Non- Contributory with any other insurance in force for or which may be purchased by City of Lathrop, its officers, employees and agents.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

City of Lathrop
390 Towne Centre Drive

ACORD 25( 2016/ 03) The ACORD name and logo are registered marks of ACORD 286
POLICY NUMBER: ATN217764P COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s) Or
Or anization s Location s Of Covered O erations
City of Lathrop, its officers, City Council, boards As Required By Written Contract, Fully Executed and commissions and members thereof, its Prior To The Named Insured' s Work employees and agents
390 Towne Centre Drive
Lathrop, CA 95330
Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person( s) or additional insureds, the following additional exclusions organization( s) shown in the Schedule, but only with apply:
respect to liability for" bodily injury", " property damage" This insurance does not apply to " bodily injury" or or " personal and advertising injury" caused, in whole property damage" occurring after:
or in part, by: 1. All work, including materials, parts or equipment

1. Your acts or omissions; or
furnished in connection with such work, on the

2. The acts or omissions of those acting on your behalf; project( other than service, maintenance or repairs) to be performed by or on behalf of the additional
in the performance of your ongoing operations for insured( s) at the location of the covered operations the additional insured( s) at the location( s) has been completed; or designated above. 2. That portion of" your work" out of which the injury or damage arises has been put to its
However:
intended use by any person or organization other

1. The insurance afforded to such additional insured only than another contractor or subcontractor engaged applies to the extent permitted by law; and in perForming operations for a principal as a part of

2. If coverage provided to the additional insured is the same project. required by a contract or agreement, the insurance
afforded to such additional insured will not be broader than that which you are required by the contract or
agreement to provide for such additional insured.

CG 20 10 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 2 287
C. With respect to the insurance afforded to 2. Available under the applicable Limits of these additional insureds, the following is added to Insurance shown in the Declarations; Section III— Limits Of Insurance: whichever is less.

If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we Limits of Insurance shown in the Declarations. will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

Page 2 of 2 ends

Lathrop City CouncilApril 11, 2022

Lathrop City Council
April 11, 2022