JUNE 13, 2022 – Regular Meeting Agenda – 7:00 p.m.
Printed on Recycled Paper See Reverse
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June 13, 2022 – City Council Regular Meeting – 7:00 p.m.
City Council Chamber
390 Towne Centre Drive
Lathrop, California
209) 941-7200
www.ci.lathrop.ca.us
City Council
Sonny Dhaliwal, Mayor
Diane Lazard, Vice Mayor
Paul Akinjo
Minnie Diallo
Jennifer Torres- O’Callaghan
City Staff
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Michael King, Assistant City Manager
Teresa Vargas, Government Services
Director / City Clerk
Glenn Gebhardt, City Engineer
Tony Fernandes, Information Systems Director
Cari James, Finance Director
Theresa Roland, Human Resources Director
Mark Meissner, Community Development
Director
Todd Sebastian, Parks, Recreation and
Maintenance Services Director
Raymond Bechler, Chief of Police
Commission Start Date 7/1/ 2022)
Lieutenant Michael Alagna, Acting Chief of
Police
General Order of Business
1. Preliminary
Call to Order
Closed Session
Roll Call
Invocation
Pledge of Allegiance
Announcements by Mayor/ City Mgr.
Informational Items
Declaration of Conflict of Interest
2. Presentations
3. Citizen’ s Forum
4. Consent Calendar
5. Scheduled Items
Public Hearings
Appeals
Referrals and Reports from
Commissions and Committees
All Other Staff Reports and/or Action
Items
Study Sessions
6. Council Communications
7. Adjournment
Order of Discussion
Generally, the order of discussion after introduction
of an item by the Mayor will include comments and
information by staff followed by City Council
questions and inquiries. The applicant, or their
authorized representative, or interested residents,
may then speak on the item; each speaker may only
speak once to each item. At the close of public
discussion, the item will be considered by the City
Council and action taken.
Consent Calendar
Items on the Consent Calendar are considered
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
interested resident so requests, in which case the
item will be removed from the Consent Calendar and
considered separately.
1 June 13, 2022 Lathrop City Council Regular Meeting Agenda Page 1 IMPORTANT NOTICE REGARDING THIS MEETING & COVID- 19
Executive Order N- 29- 20, issued by the Governor on March 17, 2020, set provisions which relaxed the teleconferencing requirements of the Brown Act to facilitate virtual meetings during the COVID- 19 declared emergency, said provisions expired after September 30, 2021.
This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcomed in person. COVID- 19 and social distancing guidelines will be enforced. As a courtesy, this meeting will be available for public participation by teleconference via ZoomGov at the following link:
https:// www.zoomgov.com/ j/1602142442?pwd=TUp5d1VUQ0FqV0J4S GMwR1NMOVA0QT09
During the meeting, those joining by ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please “ raise the hand” feature to inform the City Clerk ( meeting host) you wish to speak on the matter. Please ensure your computer speaker and microphone are fully functional.
For audio / calling in only, dial: + 1 (669) 254- 5252 or + 1 ( 669) 216- 1590 o To request to speak ( same as the “ raise hand” feature) press * 9 / When the City Clerk calls your name, press * 6 to unmute.
Meeting Webinar ID: 160 214 2442/ Passcode: 671069
If you are not able to attend the meeting in person or virtually - Public comment/ questions will be accepted by email to City Clerk Teresa Vargas at website_ cco@ci. lathrop. ca. us or by calling ( 209) 941- 7230
Questions or comments must be submitted by 4: 00 p.m., on the day of the meeting.
To address City Council in person, please submit a purple card to the City Clerk indicating name, address, and number of the item upon which a person wishes to speak.
Council Meetings are live- streamed ( with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage: https:// www. ci.lathrop. ca.us/ citycouncil/ page/ live- stream Addressing the Council
Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Purple speaker cards will be available prior to and during the meeting.
To address City Council, a card must be submitted to the City Clerk indicating name, address and number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council. State your name and address. In order to ensure all persons have the opportunity to speak, a time limit will be set by the Mayor for each speaker ( see instructions on speaker form). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said. If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
2 June 13, 2022 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’ s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’ s Forum, or submit your request to speak via the “ raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’ s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation ( see instructions on speaker form) and each speaker may only speak once on this agenda item. Please note, the Council Chamber has limited occupancy due to social distancing.
To leave a voice message for all Councilmembers simultaneously, dial ( 209) 941- 7230. To send an e-mail for Councilmembers simultaneously email: citycouncil@ci. lathrop. ca.us. This City Council Agenda and meeting materials can be accessed by computer or any smart device at:
https:// www. ci.lathrop. ca. us/ meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk’s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the Lathrop- Manteca Fire District “ J" Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City’ s website.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/ or accommodations to this meeting. [ 28 CFR 35. 102- 35.104 ADA Title II] Interested persons must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at (209) 941- 7230. Information about the City or items scheduled on the Agenda may be referred to:
Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: ( 209) 941- 7230
3 June 13, 2022 Lathrop City Council Regular Meeting Agenda Page 3
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, JUNE 13, 2022
7:00 P.M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be a Closed Session commencing at 6:00 p.m. The Regular Meeting will reconvene at 7:00 p.m., or immediately following the Closed Session, whichever is later.
1. PRELIMINARY
1.1 CALL TO ORDER
1.2 CLOSED SESSION
1.2.1 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b)
2 Potential Case( s)
RECONVENE
1.2.2 REPORT FROM CLOSED SESSION
1.3 ROLL CALL
1.4 INVOCATION
1.5 PLEDGE OF ALLEGIANCE
1.6 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER
1.7 INFORMATIONAL ITEM( S) – None
1.8 DECLARATION OF CONFLICT( S) OF INTEREST
2. PRESENTATIONS
2.1 RECOGNITION OF GLENN GEBHARDT FOR HIS YEARS OF SERVICE WITH
THE CITY OF LATHROP
2.2 RECOGNITION OF SAN JOAQUIN COUNTY SHERIFF DEPUTIES FOR
PROVIDING LAW ENFORCEMENT SERVICES TO THE CITY OF LATHROP 4 June 13, 2022 Lathrop City Council Regular Meeting Agenda Page 4
2.3 INTRODUCTION OF NEW EMPLOYEES
Information Systems
Hailey Emery, Management Analyst
Alex Gonzalez, Information Technology Engineer
Brian Fabela, Information Technology Engineer
David Ruiz, Information Technology Engineer
Public Works Department
Tyler Milton, Construction Inspector
Carlos Carrillo, Management Analyst
Keane Chua- Cabe, Permit Technician
Isaac Toscano, Permit Technician
Parks, Recreation and Maintenance Services
Destiny Johnson, Recreation Coordinator
Police Department
Ricardo Altamirano, Police Officer
Jonathan Bengard, Police Officer
Carlos Gonzalez, Police Officer
Ashlyn Howard, Police Officer
Stephen Memory, Police Officer
Nam Nguyen, Police Officer
Steven Poortinga, Police Officer
Melissa Dooley, Property & Evidence Technician
Matthew Davis, Community Services Officer
2.4 PROCLAMATION DECLARING JUNE 2022 AS ELDER & DEPENDENT ADULT
ABUSE AWARENESS MONTH
2.5 PROCLAMATION DECLARING JUNE 2022 AS PRIDE MONTH
2.6 PROCLAMATION DECLARING JUNE 19, 2022 AS CELEBRATION OF
JUNETEENTH NATIONAL FREEDOM DAY
3. CITIZEN’S FORUM
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under Citizen’ s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’ s Forum. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’ s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements.
5 June 13, 2022 Lathrop City Council Regular Meeting Agenda Page 5 The City Council can, however, allow its members or staff to briefly ( no more than five (5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. (See California Government Code Section 54954. 2(a)). Unless directed otherwise by a majority of the City Council, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC COMMENTS MUST
BE MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!
4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.
4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember
4.2 APPROVAL OF MINUTES
Approve Minutes for the Special Council Meeting of May 16, 2022
4.3 SECOND READING AND ADOPTION OF ORDINANCE 22-434 BY THE CITY
COUNCIL OF THE CITY OF LATHROP ACCEPTING REQUIREMENTS OF THE
PENAL CODE RELATING TO THE RECRUITMENT AND TRAINING OF LAW
ENFORCEMENT OFFICERS
Waive Full Reading and Adopt Ordinance 22-434 Amending Title 9 “Public Peace and Welfare” of the Lathrop Municipal Code by Adding New Chapter
9.02 Titled “ Peace Officer Standards and Training” to Accept Requirements of the Penal Code Relating to the Recruitment and Training of Law Enforcement Officers
4.4 SECOND READING AND ADOPTION OF ORDINANCE 22-435 BY THE CITY
COUNCIL OF THE CITY OF LATHROP AMENDING THE LATHROP MUNICIPAL CODE TITLE 8 “HEALTH AND SAFETY”, CHAPTER 8.16 ENTITLED “ GARBAGE COLLECTION AND DISPOSAL”, SECTION 8.16.010 ENTITLED
DEFINITIONS” AND ADDING A NEW SECTION 8.16.310 ENTITLED “EDIBLE
FOOD RECOVERY
Waive Full Reading and Adopt Ordinance 22- 435 Amending the Lathrop Municipal Code Title 8 “Health and Safety”, Chapter 8.16 Entitled “Garbage Collection and Disposal”, Section 8.16. 010 Entitled “ Definitions” and Adding a New Section 8.16.310 Entitled “ Edible Food Recovery
4.5 SECOND READING AND ADOPTION OF ORDINANCE 22-436 BY THE CITY
COUNCIL OF THE CITY OF LATHROP ADOPTING A POLICY FOR THE USE OF
MILITARY EQUIPMENT BY THE LATHROP POLICE DEPARTMENT
6 June 13, 2022 Lathrop City Council Regular Meeting Agenda Page 6 Waive Full Reading and Adopt Ordinance 22- 436 Amending Title 9 “ Public Peace and Welfare” of the Lathrop Municipal Code by Adding New Chapter
9.20 Titled “Use of Military Equipment” to Establish a Policy for the Proper Use, Funding and Acquisition of Military Style Equipment as Set Forth by Assembly Bill 481 ( Chieu)
4.6 SECOND READING AND ADOPTION OF ORDINANCE 22- 437 BY THE CITY
COUNCIL OF THE CITY OF LATHROP ADOPTING A POLICY FOR THE ONLINE
SUBMITTAL OF DISCLOSURE DOCUMENTS
Waive Full Reading and Adopt Ordinance 22-437 Amending Title 2 Administration And Personnel” of the Lathrop Municipal Code By Adding New Chapter 2.60 Titled “ Electronic Filing” To Accept Electronic And Paperless Filing Of Fair Political Practices Commission Disclosure Campaign Statements & Statements Of Economic Interest Forms
4.7 AWARD AGREEMENT TO MANTECA BULLETIN FOR PUBLICATION OF LEGAL
ADVERTISEMENTS
Adopt Resolution Awarding Agreement to the Manteca Bulletin for Publication of Legal Advertisements for the Period of July 1, 2022 through June 30, 2023
4.8 GENERAL MUNICIPAL ELECTION - NOVEMBER 8, 2022
Council to Consider the Following:
1. Adopt Resolution Calling for the Holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities;
2. Adopt Resolution Requesting the San Joaquin County Board of Supervisors to Consolidate a General Municipal Election to be Held on November 8, 2022, with the Statewide General
Election to be Held on the Same Date Pursuant To § 10403 Of The Elections Code; and
3. Adopt Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be Held on Tuesday, November 8, 2022
4.9 GANN APPROPRIATION LIMIT FOR FISCAL YEAR 2022-23
Adopt Resolution Determining the Total Annual Appropriations Subject to Limitation, for Fiscal Year 2022- 23
4.10 TRANSPORTATION DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 2021-22 Adopt Resolution Authorizing the Filing of a Transportation Development Act ( TDA) Claim for Local Transportation Funds ( LTF) for Fiscal Year 21-22
4.11 AUTHORIZE ADJUSTMENT TO THE REPUBLIC SERVICES SOLID WASTE COLLECTION RATES FOR FISCAL YEAR 2022- 2023
7 June 13, 2022 Lathrop City Council Regular Meeting Agenda Page 7 Adopt Resolution Authorizing an Increase to Republic Services Collection Rates Based on the Consumer Price Index for San Francisco-Oakland-San Jose for All Urban Consumers for Fiscal Year 2022-2023
4.12 ACCEPT PUBLIC IMPROVEMENTS FOR THE MOSSDALE LANDING
APARTMENTS IN THE MOSSDALE VILLAGE AND MOSSDALE LANDING
SPECIFIC PLANS FROM MOSSDALE LANDING OWNER, LLC
Adopt Resolution Accepting Public Improvements for the Mossdale Landing Apartments in the Mossdale Village and Mossdale Landing Specific Plans from Mossdale Landing Owner, LLC and Release of Performance and Labor Material Bonds
4.13 CREATE CAPITAL IMPROVEMENT PROJECT ( CIP) PK 22-44 INSTALLATION
OF RUBBERIZED SURFACING, AWARD CONSTRUCTION CONTRACT TO FRONTLINE GENERAL ENGINEERING CONSTRUCTION, INC., AND APPROVE
RELATED BUDGET AMENDMENT
Adopt Resolution Creating CIP PK 22- 44 Installation of Rubberized Surfacing, Awarding Construction Contract to Frontline General Engineering Construction, Inc. for the Installation of Rubberized Surfacing at Reflections Park, Tidewater Park, and Somerston Park, and Approving Related Budget Amendment
4.14 CREATE CAPITAL IMPROVEMENT PROJECT PS 22-45 FOR FISCAL YEAR 2021- 22 ROAD MAINTENANCE AND REHABILITATION PROJECT, AND
APPROVE RELATED BUDGET AMENDMENT
Adopt Resolution Creating Capital Improvement Project PS 22-45 for Fiscal Year 2021-22 Road Maintenance and Rehabilitation Project, and Approving Related Budget Amendment
4.15 AWARD CONSTRUCTION CONTRACT TO AMERICAN PAVEMENT SYSTEMS INC. FOR THE PAVEMENT MAINTENANCE AND REHABILITATION CAPITAL IMPROVEMENT PROJECT PS 21- 12 AND APPROVE RELATED BUDGET
AMENDMENT
Adopt Resolution Awarding a Construction Contract to American Pavement Systems Inc. for the Pavement Maintenance and Rehabilitation, Capital Improvement Project PS 21-12 and Approving Related Budget Amendment
4.16 APPROVE FISCAL YEAR 2022- 23 PROJECT LIST ASSOCIATED WITH SENATE BILL 1
Adopt Resolution Approving a List of Projects for Fiscal Year 2022-23 Funded By Senate Bill 1, the Road Repair and Accountability Act of 2017
4.17 APPROVE AMENDMENT NO. 1 TO THE AGREEMENT WITH THE CITY OF
RIPON TO EXPAND SERVICES TO INCLUDE EVIDENCE STORAGE AND
MANAGEMENT IN SUPPORT OF THE LATHROP POLICE DEPARTMENT
Adopt Resolution Approving Amendment No. 1 to the Agreement with the City of Ripon, dated October 13, 2021, to Expand Services to Include Evidence Storage and Management in Support of the Lathrop Police Department, with Term Ending June 30, 2023
8 June 13, 2022 Lathrop City Council Regular Meeting Agenda Page 8
4.18 APPROVE OPTION AND LAND LEASE AGREEMENT FOR THE CONSTRUCTION
OF A NEW WIRELESS COMMUNICATIONS TOWER
Adopt Resolution Approving an Option and Land Lease Agreement for the Construction of a New Wireless Communications Tower
4.19 APPROVE PURCHASE OF ONE ( 1) REPLACEMENT UTILITY WORK VEHICLE
FOR THE PARKS, RECREATION AND MAINTENANCE SERVICES
DEPARTMENT AND RELATED BUDGET AMENDMENT
Adopt a Resolution Approving the Purchase of One ( 1) Replacement City Vehicle from Elk Grove Auto/Winner Chevrolet for the Parks, Recreation and Maintenance Services Department and Related Budget Amendment
RIVER ISLANDS CONSENT ITEM(S)
4.20 APPROVE THE 2022 JOINT COMMUNITY FACILITIES AGREEMENT WITH
RIVER ISLANDS PUBLIC FINANCING AUTHORITY FOR COMMUNITY
FACILITIES DISTRICT 2003- 1 RIVER ISLANDS
Adopt Resolution Approving the 2022 Joint Community Facilities Agreement between City of Lathrop and River Islands Public Financing Authority Relating to its Community Facilities District No. 2003-1 ( Public Improvements)
5. SCHEDULED ITEMS
5.1 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER FISCAL YEAR 2022/23 ASSESSMENTS FOR INDUSTRIAL LIGHTING MAINTENANCE DISTRICT; RESIDENTIAL LIGHTING MAINTENANCE DISTRICT; MOSSDALE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT; STORM DRAIN ZONE 1 AND 1A
Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt Resolution Amending and/ or Approving the Final Engineer’s Report and Ordering the Levy and Collection of Assessments for the City of Lathrop Industrial Lighting Maintenance District for Fiscal Year 2022/ 23; Maximum
Assessment for the District for Fiscal Year 2022/23 not to exceed Zone A $ 8.34; Zone B $ 42.52; Zone C $ 8.34, and Proposed Annual Assessment for Fiscal Year 2022/ 23 Zone A
8.34; Zone B $42.52; Zone C $8.34; and
3. Adopt Resolution Amending and/or Approving the Final Engineer’ s Report and Ordering the Levy and Collection of Assessments for the City of Lathrop Residential Lighting Maintenance District for Fiscal Year 2022/23; Maximum
Assessment for the District for Fiscal Year 2022/ 23 not to exceed Zone A $ 47.57; Zone B $ 50.97; Zone C $ 33.51; Zone D $62.34; Zone E $65.54; Zone F $37.69; Zone G $8.62, and Proposed Annual Assessment for Fiscal Year 2022/23 Zone A
47.57; Zone B $50.97; Zone C $ 33.51; Zone D $62.34; Zone E $ 65.54; Zone F $37.69; Zone G $8.62; and
9 June 13, 2022 Lathrop City Council Regular Meeting Agenda Page 9
4. Adopt Resolution Amending and/ or Approving the Final Engineer’s Report and Ordering the Levy and Collection of Assessments for the Mossdale Landscape and Lighting
Maintenance District for Fiscal Year 2022/ 23; Maximum
Assessment for Fiscal Year 2022/ 23 not to exceed $ 301.70, and Proposed Annual Assessment for Fiscal Year 2022/23
301.70; and
5. Adopt Resolution Amending and/ or Approving the Final Engineer’s Report and Ordering the Levy and Collection of Assessments for the Storm Drain District Zone 1 and Zone 1A for Fiscal Year 2022/ 23; Proposed Annual Assessment for Fiscal Year 2022/23 for Storm Drain Zone 1 not to exceed 112.52, and Proposed Annual Assessment for Fiscal Year
2022/ 23 for Storm Drain Zone 1A not to exceed $ 199. 92
6. Adopt Resolution Amending and/ or Approving the Final Engineer’s Report and Ordering the Levy and Collection of Assessments for the Storm Drain District Zone 1 and Zone 1A for Fiscal Year 2022/ 23; Proposed Annual Assessment for Fiscal Year 2022/23 for Storm Drain Zone 1 not to exceed 112.52, and Proposed Annual Assessment for Fiscal Year
2022/ 23 for Storm Drain Zone 1A not to exceed $ 199. 92
5.2 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER FISCAL YEAR 2022/ 23 ASSESSMENTS FOR THE STONEBRIDGE LANDSCAPING
DISTRICT; AND THE STONEBRIDGE DRAINAGE AND LIGHTING
MAINTENANCE DISTRICT
Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt Resolution Amending and/or Approving the Final Engineer’s Report and Ordering the Levy and Collection of Assessments for the Stonebridge Landscaping Maintenance District; Maximum Assessment for Fiscal Year 2022/ 23 not to exceed $ 483.76, and the Proposed Annual Assessment for Fiscal Year 2022/ 23 is $370. 48; and
3. Adopt Resolution Amending and/ or Approving the Final Engineer’s Report and Ordering the Levy and Collection of Assessments for the Stonebridge Drainage and Lighting
District for Fiscal Year 2022/ 23; Maximum Assessment for Fiscal Year 2022/23 not to exceed $ 483.76, and Proposed Annual Assessments for Fiscal year 2022/23 for Stonebridge Drainage and Lighting District is $300.24
5.3 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER FISCAL YEAR 2022/ 23 ASSESSMENTS FOR THE LANDSCAPE AND LIGHTING
MAINTENANCE DISTRICT NO. 93- 1 WOODFIELD PARK MAINTENANCE ZONE
10 June 13, 2022 Lathrop City Council Regular Meeting Agenda Page 10 Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt a Resolution Amending and / or Approving the Final Engineer’ s Report and Ordering the Levy and Collection of Assessments for the Landscape and Lighting Maintenance
District No. 93-1 Woodfield Park Maintenance Zone for Fiscal Year 2022/ 23; Proposed Annual Assessment for FY 2022/ 23 not to exceed $ 123. 90
6. COUNCIL COMMUNICATIONS
6.1 MAYOR DHALIWAL REFERRAL - Appoint Three (3) Members to the Senior Advisory Commission, with Term Ending, June 30, 2025
Three ( 3) Applications Received
6.2 MAYOR DHALIWAL REFERRAL – Reappoint Marianne Hope Datoc to the San Joaquin County Mosquito & Vector Control District Board of Trustees, to Complete Term Ending December 31, 2024
6.3 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
Central Valley Executive Committee/ LOCC ( Akinjo/ Diallo) Council of Governments ( Lazard/ Diallo)
Integrated Waste Management Solid Waste Division ( Akinjo/ Torres- O’Callaghan) Reclamation District 17 Joint Powers Authority ( Salvatore) San Joaquin Partnership Board of Directors ( Salvatore) San Joaquin County Commission on Aging ( Zavala)
San Joaquin Valley Air Pollution Control District ( Akinjo/ Dhaliwal) Water Advisory Board ( Torres- O’Callaghan/ Lazard)
Tri Valley- San Joaquin Valley Regional Rail Authority ( Akinjo) San Joaquin Area Flood Control Agency ( Akinjo & Lazard) LAFCo ( Diallo)
6.4 MAYOR & COUNCILMEMBER COMMENT( S)
7. ADJOURNMENT
Teresa Vargas/
Teresa Vargas, MMC
Government Services Director/ City Clerk
11 12
ITEM 4. 2
CITY OF LATHROP
CITY COUNCIL SPECIAL MEETING
MONDAY, MAY 16, 2022
6: 00 P. M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
MINUTES
PLEASE NOTE: There was a Closed Session, which commenced at 5:35 p. m. The Svecial Meetin4 reconvene at 6; 00 v.m,
1. PRELIMINARY
1. 1 CALL TO ORDER - Vice Mayor Lazard called the meeting to order at 5: 35 p. m.
1. 2 CLOSED SESSION
1. 2. 1 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956. 9( b)
1 Potential Case( s)
RECONVENE - Vice Mayor Lazard reconvened the meeting at 6: 00 p. m.
1. 2. 2 REPORT FROM CLOSED SESSION
City Attorney Salvador Navarrete reported that no action was taken.
1. 3 ROLL CALL Present: Vice Mayor Lazard and Councilmembers Akinjo, Diallo and Torres- O' Callaghan
Absent: Mayor Dhaliwal
1. 4 INVOCATION - A moment of silence was observed.
1. 5 PLEDGE OF ALLEGIANCE - Vice Mayor Lazard led the pledge of allegiance.
1. 6 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER
1. 7 INFORMATIONAL ITEM( S) -
Public Works Director Michael King provided an overview of the City' s water shortage contingency plan in response to Governor Newsom' s Executive Order N- 7- 22 regarding the State Emergency Water Regulations.
May 16, 20Z2 Lathrop City Council Special Meeting Minutes Page 1 13 1. 8 DECLARATION OF CONFLICT( S) OF INTEREST
Vice Mayor Lazard reported a conflict of interest with Item 4. 24, due to her employment with Dell' Osso Farms. Councilmember Torres- O' Callaghan reported a confiict of interest with Item 4. 21, due to her residence within the Mossdale area, and Councilmember Akinjo declared a conflict of interest with Item 4. 22, due to his residence with the Stonebridge area. City Attorney Salvador Navarrete provided a brief overview on the meaning of a conflict of interest.
2. PRESENTATIONS
2. 1 INTRODUCTION OF NEW EMPLOYEES
Director of Parks, Recreation and Maintenance Services Todd Sebastian introduced Damon Kalahele, Maintenance Worker II.
Incoming Chief of Police Raymond Bechler introduced Brian Bowen, Sergeant, Daniel Beringer, Police Officer, Joseph De La Fuente, Police Officer, Matthew Hector, Police Officer, Chris Ly, Police Officer, Vannack Sabou, Police Officer, Santino Soyangco, Police Officer, Joshua Salas, Police Officer, Jessica Stevens, Police Officer, and Mayra Alejandra Valdivia, Police Officer.
2. 2 PROCLAMATION DECLARING NATIONAL PUBLIC WORKS WEEK, MAY 15- 21, 2022
Public Works Director Michael King dedicated the proclamation declaring National Public Works Week, May 15- 21, 2022, to Senior Construction Manager Ken Reed.
2. 3 ECONOMIC DEVELOPMENT UPDATE
Economic Development Administrator Shelley Burcham provided the presentation, covering economic development activity for the months of January through April 2022. A question and answer period ensued throughout the presentation.
2. 4 MAYOR' S COMMITTEE REPORT( S)
Parks & Recreation Update on Committee Events and Programs Parks, Recreation and Maintenance Services Director Todd Sebastian reported the following past and upcoming events and programs:
Past Special Events
Provided an overview on past recent special events: ' Donuts with the Bunny", held April 9, 2022; " Earth Day Recycling Event" held April 23, 2022; and Mayor' s Art Show Reception, held May 13, 2022.
May 16, 2022 Lathrop City Council Special Meeting Minutes Page 2 14 Upcoming Specia/ Events
Provided an overview on various upcoming events: ' Memorial Day Ceremony", scheduled for May 30, 2022 at Valverde Park; ' Movies in the Park", Friday nights starts June 3 d, movies start at dusk at the Generations Center, " Concerts in the Park", Friday nights starts July 8tn at the Generations Center, and the July lst Anniversary Celebration Event, at the Generations Center/
Senior Center Programs - Past Special Events
Provided an overview on past recent special events: Stockton Ports Baseball Game", held May 3, 2022, and ' Mother' s Day Luncheon", held May 6, 2022.
Youth Development
Provided an overview on various upcoming events: " Camp Lathrop" starting June 6, 2022 for K- 6th Grades, " Future Leaders Camp" starting June 6, 2022 for 7th - 10t'' Grades.
Other Programs & Events
Provided an overview on various upcoming events: Kat' s Paint Parties", Tennis Camp", " Skateboarding Camp", and " Junior Giants".
3. CITIZEN' S FORUM
There were no speakers.
4. CONSENT CALENDAR
On a motion by Councilmember Diallo, seconded by Vice Mayor Lazard, the City Council approved the Consent Calendar, except * Item 4. 24, by the following roll call vote, unless otherwise indicated:
Ayes: Akinjo, Diallo, Torres- O' Callaghan and Lazard
Noes: None
Absent: Dhaliwal
Abstain: Torres- O' Callaghan ( Item 4. 21 only) and Akinjo ( Item 4. 22 only) Items 4. 24 was voted on separately from the Consent Calendar.
Councilmember Torres- O' Callaghan reported a conflict of interest with Item
4. 21, due to her residence within the Mossdale area, and Councilmember Akinjo declared a conflict of interest with Item 4. 22, due to his residence with the Stonebrrdge area.
4. 1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waived the reading in full of ordinances and resolutions on agenda and adopt by reading of title only, unless otherwise requested by the Mayor or a Counciimember.
May 16, 2022 Lathrop City Council Special Meeting Minutes Page 3 15 4. 2 APPROVAL OF MINUTES
Approved Minutes for the Regular Council Meeting of April 11, 2022 and Minutes for the Special Council Meeting of May 2, 2022.
4. 3 TREASURER' S REPORT FOR MARCH 2O22
Pulled by Councilmember Torres- O' Callaghan. A question and answer period ensued. Deputy Finance Director Thomas Hedegard provided additional information.
Approve Quarterly Treasurer' s Report for March 2022
4. 4 RATIFY SAN JOAQUIN COUNCIL OF GOVERNMENTS' ANNUAL FINANCIAL PLAN
Adopted Resolution 22- 5050 ratifying the San Joaquin Council of Governments ( SJCOG) Annual Financial Plan for FY 2022- 23.
4. 5 RATIFY CONTRACT CHANGE ORDER NO. 1 WITH AMERICAN PAVEMENT SYSTEMS, INC. FOR MANTHEY ROAD REHABILITATION, CIP PS 21- 08 Adopted Resolution 22- 5051 ratifying the City Manager' s action to execute Contract Change Order No. 1 with American Pavement Systems, Inc. for Manthey Road Rehabilitation, CIP PS 21- 08.
4. 6 RATIFY CITY MANAGER ACTION FOR PURCHASE OF FIVE UTILITY WORK
VEHICLES, APPROVE UPDATED VENDOR FOR PURCHASE OF TWO UTILITY
VEHICLES PREVIOUSLY APPROVED BY COUNCIL FOR A TOTAL OF SEVEN
VEHICLES, AND APPROVE BUDGET AMENDMENT
Pulled by Councilmember Diallo. A question and answer period ensued.
Parks, Recreation and Maintenance Services Director Todd Sebastian provided additional information.
Adopted Resolution 22- 5052 ratifying City Manager action for purchase of five ( 5) utility vehicles, updating vendor for two ( 2) vehicles previously approved by City Council, for a total of seven ( 7) vehicles to be purchased from Elk Grove Auto/ Winner Chevrolet, and approved related budget amendment.
4. 7 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY BENTON FENCE & DRILLING, INC. FOR GENERATIONS CENTER SKATE PARK FENCE, CIP PK 22- 13
Adopted Resolution 22- 5053 accepting public improvements constructed by Benton Fence & Drilling, Inc. for the Generations Center Skate Park fence, CIP PK 22- 13, authorized the filing of a Notice of Completion, release of contract retention, and release of performance and payment bonds.
May 16, 2022 Lathrop City Council Special Meeting Minutes Page 4 16 4. 8 DECLARE DROUGHT EMERGENCY REGULATIONS AND IMPLEMENT LEVEL 2
WATER SHORTAGE RESPONSE ACTIONS OF THE CITY OF LATHROP WATER
SHORTAGE CONTINGENCY PLAN
Pulled by Councilmembers Diallo and Torres- O' Callaghan, and Vice Mayor Lazard. A question and answer period ensued. Public Works Director Michael King and City Manager Stephen Salvatore provided additional information.
Adopted Resolution 22- 5054 declaring Drought Emergency Regulations And Implement Level 2 Water Shortage Response Actions of the City of Lathrop Water Shortage Contingency Plan, as amended to maintain language that reads: Watering days are staggered based on your home or business address, with even numbered addresses watering on Tuesday and Saturday and odd numbered addresses watering on Wednesday and Sunda y.
4. 9 APPROVE EXPANSION OF DATA BACKUP SYSTEM AND SOFTWARE
LICENSES
Adopted Resolution 22- 5055 approving a Lease Purchase Agreement with Hewlett Packard Financial Services for an additional data backup appliance for City Hall and Lathrop Police Building provided by Solid Networks, Inc.
4. 10 APPROVE AND RATIFY VARIOUS AGREEMENTS FOR THE LATHROP POLICE
DEPARTMENT TRANSITION PROJECT AND APPROVE THE ADDITION OF
TWO POLICE OFFICER POSITIONS
Pulled by Councilmember Diallo. A question and answer period ensued.
Christina Laughlin ( zoom speaker) asked questions related to the item.
Incoming Chief of Police Raymond Bechler and City Manager Stephen Salvatore provided additional information.
1. Adopted Resolution 22- 5056 ratifying an Agreement with CDW Government for the purchase of a network router that will serve the new Lathrop Police Department;
2. Adopted Resolution 22- 5057 ratifying an Agreement with Solid Networks, Inc. for the setup of a virtual server environment that will serve the new Lathrop Police Department;
3. Adopted Resolution 22- 5058 ratifying an Emergency Contract with Next Gen Alpha Upfitting for the purchase and installation of police equipment in the new Lathrop Police Department Fleet;
4. Adopted Resolution 22- 5059 ratifying a Contract Change Order No. 1 with Next Gen Alpha Upfitting for the retro- fitting of police equipment in the existing Police Department Fleet;
5. Adopted Resolution 22- 5060 ratifying an Emergency Contract with Continental Collision for the auto- body paint services of new and existing Police Department Fleet;
May 16, 2022 Lathrop City Council Special Meeting Minutes Page 5 17 6. Adopted Resolution 22- 5061 ratifying an Agreement with Wave Business Solutions, LLC to provide communication for dispatch services between the City of Lathrop Police Department and the Ripon Police Department and to provide internet access at the new Police Department;
7. Adopted Resolution 22- 5062 amending the Police Department' s sworn compensation plan; and
8. Adopted Resolution 22- 5063 approving two additional Police Officer positions.
4. 11 APPROVE TASK ORDER NO. 10 FOR DE NOVO PLANNING GROUP TO
PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE MOSSDALE
LANDING WEST PROJECT
Adopted Resolution 22- 5064 approving Task Order No. 10 for De Novo Planning Group to prepare an Environmental Impact Report for the Mossdale Landing West Project.
4. 12 APPROVE TASK ORDER NO. 28 WITH 4LEAF, INC., FOR BUILDING
INSPECTION SERVICES
Adopted Resolution 22- 5065 approving Task Order No. 28 with 4LEAF Inc., to provide building inspection services pursuant to Master Professional Services Consulting Agreement dated September Z1, 2015.
4. 13 APPROVE PARCEL MAP 22- 03 AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE MAVERIK PROJECT LOCATED IN THE NORTH
CROSSROADS BUSINESS CENTER
Adopted Resolution 22- 5066 approving Parcel Map 22- 03 and Subdivision Improvement Agreement for the Maverik Project located in the North Crossroads Business Center with Reynolds & Brown.
4. 14 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ROBERTSONBRYAN, INC. FOR CONSTRUCTION- RELATED SERVICES FOR THE SURFACE WATER DISCHARGE PROJECT, CIP WW 20- 17
Adopted Resolution 22- 5067 approving a Professional Services Agreement with Robertson- Bryan, Inc. to perform professional construction- related services for the Surface Water Discharge Project, CIP WW 20- 17.
4. 15 APPROVE PROGRAM SUPPLEMENT AGREEMENT WITH CALTRANS FOR THE PAVEMENT MAINTENANCE AND REPAIR PROJECT CIP PS 21- 12
Adopted Resolution 22- 5068 approving a Program Supplement Agreement with Caltrans for the pavement maintenance and repair project CIP PS 21- 12 and authorizing the City Manager to execute the Agreement.
May 16, 2022 Lathrop City Council Special Meeting Minutes Page 6 18 4. 16 APPROVE AGREEMENT AND LEASE, WITH RICHLAND CROSSROADS, L. P.
RICHLAND) AND A QUITCLAIM DEDICATION TO RICHLAND
Adopted Resolution 22- 5069 approving an Agreement and Lease related to CIP WW 20- 17 Surface Water Discharge Project with Richland Crossroads, L. P. for Percolation Pond 1 and a Quitclaim Deed of the property to Richland.
4. 17 APPROVE OUT OF STATE TRAVEL AUTHORIZING THE PARKS, RECREATION,
AND MAINTENANCE SERVICES DIRECTOR TO ATTEND THE NATIONAL
RECREATION AND PARK ASSOCIATION ANNUAL CONFERENCE IN
PHOENIX, ARIZONA
Adopted Resolution 22- 5070 authorizing out of state travel for the Parks, Recreation, and Maintenance Services Director to attend the 2022 National Recreation and Park Association ( NRPA) Conference, September 19- 23, 2022, in Phoenix, Arizona.
4. 18 APPROVE INDUSTRIAL SOLID WASTE LICENSE RENEWAL FOR FISCAL YEAR 2022- 23
Adopted Resolution 22- 5071 approving annual Industrial Solid Waste License renewals for Stockton Scavengers Association, Delta Container Corporation, and Ground Force Enterprises for Fiscal Year 2022- 23.
4. 19 APPROVE RESTRUCTURING, AMENDMENTS TO EMPLOYEE
CLASSIFICATIONS / JOB DESCRIPTIONS, AND COMPENSATION PLANS IN
VARIOUS DEPARTMENTS
Pulled by Councilmember Diallo. Councilmember Diallo congratulated Public Works Director Michael King on the proposal to reclassify him as Assistant City Manager.
Adopted Resolution 22- 5072 approving amendments to Employee Classifications / Job Descriptions, Compensation Plans for various positions, amended FY 21- 22 Grade Step Table, amended FY 22- 23 Grade Step Table, amended position control roster, budget amendment and stafFing restructuring requests.
4. 20 APPROVE EXPANSION OF WORKERS' COMPENSATION COVERAGE PURSUANT TO ASSEMBLY BILL 1749
Adopted Resolution 22- 5073 approving expansion of workers' compensation coverage pursuant to AB 1749 for Lathrop Police Department Peace Officers who are injured while off duty in limited circumstances.
May 16, 2022 Lathrop City Council Special Meeting Minutes Page 7 19 4. 21 APPROVE THE PRELIMINARY ENGINEER' S REPORT AND DECLARING INTENTION TO LEVY ANNUAL ASSESSMENTS FOR FISCAL YEAR 2022- 23 FOR INDUSTRIAL LIGHTING MAINTENANCE DISTRICT; RESIDENTIAL LIGHTING MAINTENANCE DISTRICT; MOSSDALE LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT; STORM DRAIN DISTRICT ZONE 1; AND STORM DRAIN DISTRICT ZONE lA
1. Adopted Resolution 22- 5074 approving the Preliminary Engineer' s Report for the Industrial Lighting Maintenance District and declaring intention to levy annual assessments for FY 22- 23;
2. Adopted Resolution 22- 5075 approving the Preliminary Engineer' s Report for the Residential Lighting Maintenance District and declaring intention to levy annual assessments for FY 22- 23;
3. Adopted Resolution 22- 5076 approving the Preliminary Engineer' s w.:.. Repo, f r..he Nlo sd l,..: L l 1 , 1.!, str.ict,
and declaring intention to levy annual assessments for FY 22- Z3; and
4. Adopted Resolution 22- 5077 approving the Preliminary Engineer' s Report for the Storm Drain Districts Zones 1 and lA and declaring intention to levy annual assessments for FY 22- 23.
4. 22 APPROVE THE PRELIMINARY ENGINEER' S REPORT AND DECLARING INTENTION TO LEVY ANNUAL ASSESSMENTS FOR FISCAL YEAR 2022/ 23
FOR STONEBRIDGE LANDSCAPING MAINTENANCE DISTRICT AND
STONEBRIDGE DRAINAGE AND LIGHTING DISTRICT
1. Adopted Resolution 22- 5078 approving the Preliminary Engineer's Report for the Stonebridge Landscaping Maintenance District and declaring intention to levy annual assessments for FY 22- 23; and
2. Adopted Resolution 22- 5079 approving Preliminary Engineer' s Report for the Stonebridge Drainage & Lighting District and declaring intention to levy annual assessments for FY 22- 23.
4. 23 APPROVE THE PRELIMINARY ENGINEER' S REPORT AND DECLARING INTENTION TO LEVY ANNUAL ASSESSMENTS FOR FISCAL YEAR 2022/ 23 FOR LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 93- 1
WOODFIELD PARK)
Adopted Resolution 22- 5080 approving the Preliminary Engineer' s Report for Landscape and Lighting Maintenance District No. 93- 1 ( Woodfield Park) and declaring intention to levy annual assessments for FY 22- 23.
RIVER ISLANDS CONSENT ITEM( S)
Councilmember Lazard recused herself at 7: 50 p. m., following the vote of the consent calendar ( Items 4, 1 to 4, 23), prior to the vote ofltem 4. 24, due to declared conflict of interest as noted in Item 1. 8. Councilmember Torres- O' Callaghan preceded over the item.
May 16, 2022 Lathrop City Council Special Meeting Minutes Page 8 20 On a motion by Councilmember Akinjo, seconded by Councilmember Diallo, the City Council approved Item 4. 24, by the following roll call vote, unless otherwise indicated:
Ayes: Akinjo, Diallo, and Torres- O' Callaghan
Noes: None
Absent: Dhaliwal
Abstain: Lazard
4. 24 APPROVE FINAL MAP, COMMON USE AGREEMENT, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 35 LOTS IN TRACT 4102 VILLAGE MM2"
WITHIN LAKESIDE WEST DISTRICT OF RIVER ISLANDS
Adopted Resolution 22- 5081 approving Final Map for Tract 4102 Village MM2" within the Lakeside West District, totaling 35 single family lots, Common Use Agreement, and Subdivision Improvement Agreement with River Islands Stage 2B, LLC
Councilmember Lazard returned to the chamber/ dais at 7: 51 p. m. following the vote of Item 4. 24, for the remainder of the meeting.
5. SCHEDULED ITEMS
5. 1 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER FIRST READING
AND INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING THE LATHROP MUNICIPAI. CODE TITLE 8 HEALTH AND SAFETY", CHAPTER 8. 16 ENTITLED GARBAGE COLLECTION AND DISPOSAL", SECTION 8. 16. 010 ENTITLED DEFINITIONS" AND ADDING A NEW SECTION 8. 16. 310 ENTITLED " EDIBLE FOOD RECOVERY" Director of Parks, Recreation and Maintenance Services Todd Sebastian provided the presentation. A question and answer period ensued. Vice Mayor Lazard opened the public hearing. There were no speakers. Vice Mayor Lazard closed the public hearing.
On a motion by Councilmember Akinjo, seconded by Councilmember Torres- O' Callaghan, the City Council considered the following:
1. Held a public hearing; and
2. Held first reading and introduction of an ordinance amending the Lathrop Municipal Code Title 8 " Health and Safety", Chapter 8. 16 Entitled, " Garbage and Collection Disposal", Section 8. 16. 010 Entitled " Definitions" and adding a new Section 8. 16. 310 entitled Edible Food Recovery".
Ayes: Akinjo, Diallo, Torres- O' Callaghan and Lazard
Noes: None
Absent: Dhaliwal
Abstain: None
May 16, 2022 Lathrop City Council Special Meeting Minutes Page 9 21 5. 2 PUBLIC HEARINGS ( PUBLISHED NOTICES) TO ADOPT AN URGENCY
ORDINANCE AND CONSIDER A REGULAR/ STANDARD ORDINANCE BY THE
CITY COUNCIL OF THE CITY OF LATHROP ADOPTING A POLICY FOR THE
USE OF MILITARY EQUIPMENT BY THE LATHROP POLICE DEPARTMENT Incoming Lathrop Police Commander Stephen Sealy provided the presentation. A question and answer period ensued throughout the presentation. Vice Mayor Lazard opened the public hearing. There were no speakers. Vice Mayor Lazard closed the public hearing.
On a motion by Councilmember Akinjo, seconded by Councilmember Torres- O' Callaghan, the City Council considered the following:
1. Held a public hearing; and
2. Adopted Urgency Ordinance 22- 433 amending Title 9 ' Public Peace and Welfare" of the Lathrop Municipal Code by adding new Chapter 9. 20 titled " Military Equipment Use Policy" to establish a policy for the proper use, funding and acquisition of military style equipment as set forth by Assembly Bill 481 ( Chieu).
Ayes: Akinjo, Diallo, Torres- O' Callaghan and Lazard
Noes: None
Absent: Dhaliwal
Abstain: None
Vice Mayor Lazard opened the second public hearing. There were no speakers. Vice Mayor Lazard closed the second public hearing.
On a motion by Councilmember Torres- O' Callaghan, seconded by Councilmember Diallo, the City Council considered the following:
3. Held a public hearing; and
4. Held first reading and introduction of an ordinance amending Title 9 Public Peace and Welfare" of the Lathrop Municipal Code by adding new Chapter 9. 20 titled " Military Equipment Use Policy" to establish a policy for the proper use, funding and acquisition of military style equipment as set forth by Assembly Bill 481 ( Chieu).
Ayes: Akinjo, Diallo, Torres- O' Callaghan and Lazard
Noes: None
Absent: Dhaliwal
Abstain: None
5. 3 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING ELECTRONIC
AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION
DISCLOSURE CAMPAIGN STATEMENTS & STATEMENTS OF ECONOMIC
INTEREST FORMS
May 16, 2022 Lathrop City Council Special Meeting Minutes Page 10 22 Government Services Director / City Clerk Teresa Vargas provided the presentation. A question and answer period ensued throughout the presentation. City Attorney Salvador Navarrete provided additional information related to the matter.
Vice Mayor Lazard opened the public hearing. There were no speakers. Vice Mayor Lazard closed the public hearing.
On a motion by Councilmember Torres- O' Callaghan, seconded by Councilmember Diallo, the City Council considered the following:
1. Held public hearing; and
2. Held first reading and introduction of an ordinance amending Title 2 Administration And Personnel" of the Lathrop Municipal Code by adding new Chapter 2. 60 titled " Electronic Filings" to accept electronic and paperless filing of Fair Political Practices Commission Disclosure Campaign Statements & Statements of Economic Interest Forms.
Ayes: Akinjo, Diallo, Torres- O' Callaghan and Lazard
Noes: None
Absent: Dhaliwal
Abstain: None
5. 4 REVIEW AND PROVIDE DIRECTION ON DESIGN FOR CIP PK 22- 34
SHILLING AVENUE PARK PROJECT
Director of Parks, Recreation and Maintenance Services Todd Sebastian provided the presentation. A question and answer period ensued throughout the presentation.
On a motion by Councilmember Akinjo, seconded by Councilmember Torres- O' Callaghan, the City Council reviewed the conceptual design options and adopted Resolution 22- 5082 approving the budget amendment for CIP PK 22- 34 Shilling Avenue Park Project, and all the proposed optional amenities presented:
Water Play Fountain (+$ 200, 000 & up)
Seat Wall (+$ 20, 000);
Lighting (+$ 10, 000 each);
Grouted Cobble at Basin (+$ 10, 000); and
Outdoor Fitness Stations (+$ 5, 000 each)
Ayes: Akinjo, Diallo, Torres- O' Callaghan and Lazard
Noes: None
Absent: Dhaliwal
Abstain: None
May 16, 2022 Lathrop City Council Special Meeting Minutes Page 11 23 5. 5 RECEIVE UPDATE AND PROVIDE DIRECTION FOR CIP PS 22- 41 MOSSDALE
ROUNDABOUTSIMPROVEMENTS
Public Works Director Michael King provided the presentation. A question and answer period ensued throughout the presentation. Christina Laughlin zoom speaker) asked questions related to traffic calming and safety.
On a motion by Councilmember Diallo, seconded by Councilmember TorresO' Callaghan, the City Council received a project update and adopted Resolution 22- 5083 creating Capital Improvement Project PS 22- 41 Mossdale Roundabouts Improvements, awarding Construction Contract with FBD Vanguard Construction, Inc., and approving the project budget amendment.
Ayes: Akinjo, Diallo, Torres- O' Callaghan and Lazard
Noes: None
Absent: Dhaliwal
Abstain: None
6. COUNCIL COMMUNICATIONS
6. 1 MAYOR & COUNCILMEMBER COMMITfEE REPORT( S) - None
6. Z MAYOR & COUNCILMEMBER COMMENT( S)
Councilmember Torres- O' Callaghan congratulated the Lathrop High School Volleyball Team on their recent wins; and wished all upcoming graduates the best of luck in future endeavors. Councilmember Diallo inquired about the City' s website; requested information on the police transition; and provided an overview of her One Voice trip to Washington D. C. Other Councilmembers echoed similar comments and thanked those in attendance.
7. ADJOURNMENT - There being no further business, Vice Mayor Lazard adjourned the meeting at 9: 20 p. m.
l
eresa Vargas, MM
Government Services Director
City Clerk
May 16, 2022 Lathrop City Council Special Meeting Minutes Page 12 24 ITEM 4. 3
CITY MANAGER' S REPORT
UNE 13, 2022 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
22- 434 OF THE CITY OF LATHROP ACCEPTING
REQUIREMENTS OF THE PENAL CODE RELATING TO
THE RECRUITMENT AND TRAINING OF LAW
ENFORCEMENT OFFICERS
RECOMMENDATION: Waive Full Reading And Adopt Ordinance 22- 434 Amending Title 9 " Public Peace and Welfare" of the
Lathrop Municipal Code by Adding New Chapter 9. 02
Titled Peace Officer Standards And Training" to
Accept Requirements of the Penal Code Relating to
the Recruitment and Training of Law Enforcement
Officers
RECOMMENDED ACTION:
The City Council to conduct second reading and adopt Ordinance 22- 434 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 9 " PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE BY ADDING NEW CHAPTER 9. 02 TITLED " PEACE OFFICER STANDARDS AND TRAINING" TO
ACCEPT REQUIREMENTS OF THE PENAL CODE RELATING TO THE RECRUITMENT AND
TRAINING OF LAW ENFORCEMENT OFFICERS
SUMMARY:
On April 11, 2022, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Akinjo, Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal NOES: None
ABSTAIN: None
ABSENT: None
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
2 eresa Vargas, City Date
25 ORDINANCE NO. 22- 434
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 9 PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE BY ADDING NEW CHAPTER 9. 02 TITLED PEACE OFFICER STANDARDS AND TRAINING" TO ACCEPT REQUIREMENTS OF THE PENAL CODE RELATING TO
THE RECRUITMENT AND TRAINING OF LAW ENFORCEMENT OFFICERS WHEREAS, the City of Lathrop has contracted for police services with the San Joaquin County Sheriff' s Office ( SJCSO) since 1990. Most recently, Lathrop executed a five- year contract with the SJCSO on April 17, 2017 that expires on June 30, 2022; and
WHEREAS, as part of a comprehensive and ongoing review of the delivery of services, and to remedy the systematic inability of the City to control the costs of public safety services provided through its existing contract with the SJCSO, the City began examining alternative service delivery models for police services; and WHEREAS, on March 22, 2021, the City Council adopted Resolution 21- 4852 approving the creation of Capital Improvement Project GG 21- 11, to begin the creation of the new Lathrop Police Department, and implement the transition of law enforcement services from the San Joaquin County Sheriff to the City; and WHEREAS, it is anticipated that the City will commence providing its own law enforcement services on July 1, 2022; and
WHEREAS, on November 8, 2021, the City Council adopted Resolution 21- 4989 authorizing the establishment of the Lathrop Police Department in accordance with all requirements necessary for certification as a Member Agency with the California Commission on Peace Officer Standards and Training and directed that all duly appointed sworn peace officers of the Lathrop Police Department be granted peace officer authority as outline in California Penal Code Section 830. 1; and WHEREAS, in order to seek and qualify to receive aid from the State of California under the provisions of Section 13522, Chapter 1 of Title 4, Part 4 of the California Penal Code, the City Council of the City of Lathrop must adopt this Ordinance accepting the requirements of the Penal Code relating to the recruitment and training of Law Enforcement Officers.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby ordain as follows:
Section 1.
CHAPTER 9. 02 PEACE OFFICER STANDARDS AND TRAINING
9. 02. 010 Qualification for Aid Desired.
Ordinance No. 22- 434
26 The City of Lathrop declares that it desires to qualify to receive aid from the State of California under the provisions of Section 13522, Chapter 1 of Title 4, Part 4 of the California Penal Code.
9. 02. 020. Adherence to State Standards
Pursuant to Penal Code Section 13510, Chapter 1, of Title 4, Part 4 of the California Penal Code, the City of Lathrop will adhere to the standards for recruitment and training of peace officers established by the Commission on Peace Officer Standards and Training.
9. 02. 030. Commission Inquiries
Pursuant to Section 13512, Chapter 1 of Title 4, Part 4 of the California Penal Code, the Commission and its representatives may make such inquiries as deemed necessary to ascertain that the peace officer personnel of the City of Lathrop adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.
Section 2.
This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severabilitv.
If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
Section 4. Effective Date.
This Ordinance shall take legal effect 30 days from and after the date of its passage.
Section 5. Publication.
Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance, to be published in full accordance with Section 36933 of the Government Code
Ordinance No. 22- 434
27 THIS ORDINANCE was regularly introduced at a regular meeting of the City Council of the City of Lathrop on the 11t" day of April 2022, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the day of by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 22- 434
28 ITEM 4. 4
CITY MANAGER' S REPORT
7UNE 13, 2022 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
22- 435 OF THE CITY OF LATHROP AMENDING THE
LATHROP MUNICIPAL CODE TITLE 8 HEALTH AND
SAFETY", CHAPTER 8. 16 ENTITLED GARBAGE
COLLECTION AND DISPOSAL", SECTION 8. 16. 010
ENTITLED DEFINITIONS" AND ADDING A NEW
SECTION 8. 16. 310 ENTITLED EDIBLE FOOD
RECOVERY
RECOMMENDATION: Waive Full Reading And Adopt Ordinance 22- 435 Amending The Lathrop Municipal Code Title 8
Health And Safety", Chapter 8. 16 Entitled " Garbage
Collection And Disposal", Section 8. 16. 010 Entitled
Definitions" And Adding A New Section 8. 16. 310
Entitled Edible Food Recovery
RECOMMENDED ACTION:
The City Council to conduct second reading and adopt Ordinance 22- 435 entitled:
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING THE LATHROP MUNICIPAL CODE TITLE 8 HEALTH AND SAFETY", CHAPTER 8. 16 ENTITLED GARBAGE COLLECTION AND DISPOSAL", SECTION 8. 16. 010 ENTITLED DEFINITIONS" AND ADDING A NEW SECTION 8. 16. 310 ENTITLED " EDIBLE FOOD RECOVERY"
SUMMARY:
On May 16, 2022, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Akinjo, Diallo, Lazard, and, Torres- O' Callaghan NOES: None
ABSTAIN: None
ABSENT: Dhaliwal
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
G
T resa Vargas, City er Date
29 ORDINANCE NO. 22- 435
A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING THE LATHROP MUNICIPAL CODE TITLE 8 HEALTH AND SAFETY", CHAPTER
8. 16 ENTITLED GARBAGE COLLECTION AND DISPOSAL", SECTION 8. 16. 010 ENTITLED DEFINITIONS" AND ADDING A NEW SECTION 8. 16. 310 ENTITLED EDIBLE FOOD RECOVERY"
WHEREAS, the City of Lathrop City Council held a duly noticed public hearing at a special meeting on May 16, 2022 to review and consider this Ordinance; and WHEREAS, the proposed municipal code text amendment is citywide and affects all applicable properties in the City; and
WHEREAS, this Ordinance will help reduce food insecurity by requiring commercial Edible Food Generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption; and
WHEREAS, it is appropriate to amend section 8. 16. 010 to include Definitions" and add section 8. 16. 310 to include " Edible Food Recovery" to incorporate the requirements of SB 1383; and
WHEREAS, the City Council desires to amend its Garbage Collection and Disposal Ordinance to comply with the SB 1383 Regulations; and WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 8. 16 of the Lathrop Municipal Code entitled Garbage Collection and Disposal" is amended as follows:
A. Section 8. 16. 010 entitled " Definitions" is amended to add the following to be codified in alphabetical order in addition to existing definitions:
Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this section.
Edible Food" means food intended for human consumption.
Food Distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores.
Ordinance No. 22- 435
30 Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed.
Food Recovery Organization" means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities including:
a. A food bank;
b. A nonprofit charitable organization; and
c. A nonprofit charitable temporary food.
Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments.
Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2, 000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.
Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2, 000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility.
Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of City regulations related to Solid Waste.
Supermarket" means a full- line, self-service retail store with gross annual sales of two million dollars ($ 2, 000, 000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.
Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one or more of the following:
d. Supermarket.
e. Grocery Store with a total facility size equal to or greater than 10, 000 square feet.
Ordinance No. 22- 435
31 f. Food Service Provider.
g. Food Distributor.
h. Wholesale Food Vendor.
Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one or more of the following:
i. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5, 000 square feet.
j. Hotel with an on- site Food Facility and 200 or more rooms. k. Health facility with an on- site Food Facility and 100 or more beds.
I. Large Venue.
m. Large Event.
n. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5, 000 square feet. o. A Local Education Agency facility with an on- site Food Facility.
Wholesale Food Vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food ( including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.
B. A new Section 8. 16. 310 entitled Edible Food Recovery" is added to read as follows:
A. Tier One Commercial Edible Food Generators must comply with the requirements of this section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024.
B. Large Venue or Large Event operators not providing Food Services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this section, commencing ) anuary 1, 2024.
C. Commercial Edible Food Generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
Ordinance No. 22- 435
32 2. Contract or enter into a written agreement with Food Recovery Organizations or Food Recovery Service for: (i) the collection of Edible Food for Food Recovery; or ( ii) acceptance of the Edible Food that the Commercial Edible Food Generator self- hauls to the Food Recovery Organization for Food Recovery.
3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
4. Allow the San ) oaquin County Environmental Health Department, or the City' s designated enforcement entity or designated third party enforcement entity to access the premises and review records.
5. Keep records that include the following information:
a. A list of each Food Recovery Service or Organization that collects or receives its Edible Food pursuant to a contract or written agreement.
b. A copy of all contracts or written agreements.
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
1. The name, address, and contact information of the
Food Recovery Service or Food Recovery
Organization.
2. The types of food that will be collected by or Selfhauled to the Food Recovery Service or Food Recovery Organization.
3. The established frequency that food will be collected or Self- hauled.
4. The quantity of food, measured in pounds recovered
per month, collected or Self- hauled to a Food
Recovery Service or Food Recovery Organization for
Food Recovery.
D. The City may adopt a fee by resolution to charge Commercial Edible Food Generators for the San Joaquin County Environmental Health Department' s time to implement inspection, record keeping, and enforcement provisions for Commercial Edible Food Generators.
E. Requirements for Food Recovery Organizations and Services:
Ordinance No. 22- 435
33 I. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement shall maintain the following records,
a. The name, address, and contact information for each
Commercial Edible Food Generator from which the service collects Edible Food.
b. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
c. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
d. The name, address, and contact information for each Food Recovery Organization for which the Food Recovery Service transports Edible Food for Food Recovery.
II. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement shall maintain the following records, a. The name, address, and contact information for each
Commercial Edible Food Generator from which the organization receives Edible Food.
b. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
c. The name, address, and contact information for each Food Recovery Service from which the organization receives Edible Food for Food Recovery.
F. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food shall report to the City it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with no later than March 1, July 1, and September 1 annually.
G. In order to support Edible Food Recovery capacity planning assessments or other studies, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.
Ordinance No. 22- 435
34 H. The City may adopt a fee by resolution to charge Food Recovery Services and Food Recovery Organizations operating in the City for the San Joaquin County Environmental Health Department' s time to implement inspection, record keeping, and enforcement provisions for Food Recovery Services and Food Recovery Organizations operating in the City.
I. The City or its Designee may, from time to time, inspect all premises within the City to determine compliance with and to enforce the provisions of this chapter.
J. City representatives and/ or its Designees are authorized to conduct Inspections and investigations, Commercial Edible Food Generators, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.
K. The regulated entity shall provide or arrange for access during all Inspections and shall cooperate with the City' s employee or its Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of Edible Food Recovery activities, records, or any other requirement described herein.
L. City representatives, its Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
M. Beginning January 1, 2022 and through December 31, 2023, the City or its Designee will conduct Inspections and Compliance Reviews, to determine compliance with the SB 1383 Regulations, and if the City determines that an Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other generator is not in compliance, it shall provide educational materials describing its obligations under this chapter and a notice that compliance is required as of January 1, 2022, and that violations may be subject to penalties starting on January 1, 2024.
Section 2. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severabilitv. If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
Ordinance No. 22- 435
35 Section 4. Effective Date. This Ordinance shall take legal effect 30 days from and after the date of its passage.
Section 5. Publication. The City Clerk shall certify to the adoption of this ordinance and shall publish a summary thereof and post a certified copy of the full ordinance in the office of the City Clerk at least five days prior to the adoption of the proposed ordinance; and within fifteen days after adoption, the City Clerk shall publish a summary of the ordinance with the names of the members of the City of Lathrop City Council voting for and against the same.
THIS ORDINANCE was regularly introduced at a Special Meeting of the City Council of the City of Lathrop on the 16th day of May, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on day of by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 22- 435
36 ITEM 4. 5
CITY MANAGER' S REPORT
7UNE 13, 2022 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
22- 436 BY THE CITY COUNCIL OF THE CITY OF
LATHROP ADOPTING A POLICY FOR THE USE OF
MILITARY EQUIPMENT BY THE LATHROP POLICE
DEPARTMENT
RECOMMENDATION: Waive Full Reading And Adopt Ordinance 22- 436 Amending Title 9 " Public Peace and Welfare" of the
Lathrop Municipal Code by Adding New Chapter 9. 20
Titled " Use of Military Equipment" to Establish a
Policy for the Proper Use, Funding and Acquisition of
Military Style Equipment as Set Forth by Assembly
Bill 481 ( Chieu)
RECOMMENDED ACTION:
The City Council to conduct second reading and adopt Ordinance 22- 436 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 9 " PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE BY ADDING NEW CHAPTER 9. 20 TITLED MILITARY EQUIPMENT USE POLICY" TO ESTABLISH A
POLICY FOR THE PROPER USE, FUNDING AND ACQUISITION OF MILITARY STYLE EQUIPMENT AS SET FORTH BY ASSEMBLY BILL 481
SUMMARY:
On May 16, 2022, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Akinjo, Diallo, Lazard, and, Torres- O' Callaghan NOES: None
ABSTAIN: None
ABSENT: Dhaliwal
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
T
7 eresa Vargas, City lerk Date
37 ORDINANCE NO. 22- 436
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 9 PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE BY ADDING NEW CHAPTER 9. 20 TITLED " MILITARY EQUIPMENT USE POLICY" TO ESTABLISH A POLICY FOR THE PROPER USE, FUNDING AND
ACQUISITION OF MILITARY STYLE EQUIPMENT AS SET FORTH BY ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Newsom signed into law seven 7) major peace officer reform bills, including Assembly Bill ( AB) 481 ( Sections 7070, 7071, and 7072 to the California Government), which was authored by Assembly Member David Chieu to address the funding, acquisition and use of items lawmakers deem to be considered military equipment; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, AB 481 requires each law enforcement agency' s governing body to adopt a written military equipment use policy by ordinance in a public forum by April 30, 2022, to continue using this previously acquired military equipment, effective May 1, 2022; and
WHEREAS, the Government code states the May 1, 2022, as the deadline for any existing law enforcement agency to begin the governing body approval process if the agency acquired equipment before January 1, 2022; and WHEREAS, the City of Lathrop is currently transitioning into its own Police Department, with a commission start date of) uly 1, 2022, and is currently under the jurisdiction of the San Joaquin County Sheriff's office, therefore, the City has time to establish the military policy outside of the required deadlines; and WHEREAS, the City of Lathrop' s new Police Department intents to possess certain items of equipment that qualify as " military equipment" under AB 481; and WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written, military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department' s use of such equipment; WHEREAS, the new Lathrop Police Department has created a draft military equipment use policy, in compliance with AB 481; and
WHEREAS, the Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually; and Ordinance No. 22- 436
38 WHEREAS, the City Council of the City of Lathrop having received the information required under AB 481 regarding the new Lathrop Police Department' s proposed use of military equipment as defined in said law, deems it to be in the best interest of the City to approve the military equipment use policy and list as set forth herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby ordain as follows:
Section 1.
Title 9 of the Lathrop Municipal Code, titled Public Peace and Welfare" is hereby amended by adding new Chapter 9. 20 titled " Military Equipment Use Policy" to read in its entirety as follows"
CHAPTER 9. 20 MILITARY EQUIPMENT USE POLICY
9. 20. 010 Definitions
A. " Military Equipment" includes all of the following ( Per Gov. Code § 7070):
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine- resistant ambush- protected ( MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
3. High mobility multipurpose wheeled vehicles ( HMMWV), commonly referred to as Humvees, two and one- half- ton trucks, five- ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all- terrain vehicles ( ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
8. Firearms of . 50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
Ordinance No. 22- 436
39 9. Ammunition of . 50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10. SpecialiZed firearms and ammunition of less than . 50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than . 50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12." Flashbang" grenades and explosive breaching tools, ' tear gas," and pepper balls," excluding standard, service- issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device ( LRAD).
14.The following projectile launch platforms and their associated munitions:
40mm projectile launchers, " bean bag," rubber bullet, and specialty impact munition ( SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
16. Notwithstanding paragraphs ( 1) through ( 15), ' military equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
B. " Police Department" means any division, section, bureau, employee, volunteer and / or contractor of the new Lathrop Police Department, established July 1, 2022
C. Military Equipment Use Policy" means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
Ordinance No. 22- 436
40 4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public' s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
D. " Type" means each item that shares the same manufacturer model number.
9. 20. 020. Military Equipment Use Policy Approval Requirement A. The Lathrop Police Department shall obtain approval of the City Council, by an ordinance adopting a Military Equipment Use Policy at a regular meeting of the City Council, prior to engaging in any of the following:
1. Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
2. Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, inkind donations, or other donations or transfers.
3. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
4. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the City of Lathrop.
5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council body pursuant to this chapter.
Ordinance No. 22- 436
41 6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.
7. Acquiring military equipment through any means not provided by this section.
B. In seeking the approval of the City Council, the Lathrop Police Department shall submit a proposed military equipment use policy to the City Council and make those documents available on the City' s law enforcement agency' s internet website at least 30 days prior to any public hearing concerning the military equipment at issue.
C. The City Council shall only approve a military equipment use policy pursuant to this chapter is it determines all of the following:
1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. The proposed military equipment use policy will safeguard the public' s welfare, safety, civil rights, and civil liberties.
3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. Prior military equipment use complied with the military equipment use policy that was in efFect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
D. In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
9. 20. 030. Annual Report Requirements
A. The Lathrop Police Department shall submit to the City Council an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use.
B. The Lathrop Police Department shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use.
Ordinance No. 22- 436
42 C. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
1. A summary of how the military equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the military equipment.
3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
5. The quantity possessed for each type of military equipment.
6. If the Lathrop Police Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment
D. Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the Lathrop Police Department shall hold at least one well- publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency' s funding, acquisition, or use of military equipment.
9. 20. 040. Annual Review and Renewal Process of Ordinance Approving the Military Equipment Use Policy
A. Following submittal of the annual military equipment report required by Section 9. 20. 030, the City Council shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment.
B. The governing body shall determine, based on the annual military equipment report submitted, whether each type of military equipment identified in that report has complied with the standards for approval set forth in Section
9. 20. 20. If the City Council determines that a type of military equipment identified in that annual military equipment report has not complied with the standards required for approval, the City Council shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.
Ordinance No. 22- 436
43 Section 2.
This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severabilitv.
If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
Section 4. Effective Date.
This Ordinance shall take legal effect 30 days from and after the date of its passage.
Section 5. Publication.
Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance, to be published in full accordance with Section 36933 of the Government Code
Ordinance No. 22- 436
44 THIS ORDINANCE was introduced at a meeting of the City Council of the City of Lathrop on the 16th day of May 2022, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the day of by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 22- 436
45 46
ITEM 4. 6
CITY MANAGER' S REPORT
7UNE 13, 2022 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
22- 437 BY THE CITY COUNCIL OF THE CITY OF
LATHROP ADOPTING A POLICY FOR THE ONLINE
SUBMITTAL OF DISCLOSURE DOCUMENTS
RECOMMENDATION: Waive Full Reading And Adopt Ordinance 22- 437 Amending Title 2 " Administration And Personnel" Of
The Lathrop Municipal Code By Adding New Chapter
2. 60 Titled Electronic Filing" To Accept Electronic
And Paperless Filing Of Fair Political Practices
Commission Disclosure Campaign Statements &
Statements Of Economic Interest Forms
RECOMMENDED ACTION:
The City Council to conduct second reading and adopt Ordinance 22- 437 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL" OF THE LATHROP MUNICIPAL CODE BY ADDING NEW CHAPTER 2. 60 TITLED " ELECTRONIC FILING" TO ACCEPT ELECTRONIC
AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION DISCLOSURE
CAMPAIGN STATEMENTS & STATEMENTS OF ECONOMIC INTEREST FORMS SUMMARY:
On May 16, 2022, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Akinjo, Diallo, Lazard, and, Torres- O' Callaghan NOES: None
ABSTAIN: None
ABSENT: Dhaliwal
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
T resa Vargas, City rk Date
47 ORDINANCE NO. 22- 437
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL" OF THE LATHROP MUNICIPAL CODE BY ADDING NEW CHAPTER 2. 60 TITLED ELECTRONIC FILING" TO
ACCEPT ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL
PRACTICES COMMISSION DISCLOSURE CAMPAIGN STATEMENTS &
STATEMENTS OF ECONOMIC INTEREST FORMS
WHEREAS, the City of Lathrop finds that public access to campaign disclosure information is a vital and integral component of a fully informed electorate; and WHEREAS, transparency in campaign financing is critical in order to maintain public trust and support of the political process; and
WHEREAS, since the enactment of the Political Reform Act, candidates and committees have complied with filing requirements by filing paper copies of campaign statements and reports; and
WHEREAS, the City of Lathrop City Clerk' s Office has expended a significant amount of staff time to make such paper filings readily available to the public; and WHEREAS, in ) uly 2012, the California Legislature approved Assembly Bill 2452 which authorizes local jurisdictions to require the filing of campaign statements and reports solely in an electronic format; and
WHEREAS, the Governor approved the legislation on July 13, 2012, and it took effect on January 1, 2013.
WHEREAS, Government Code Section 84615 currently provides that a local agency may adopt an Ordinance to require an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act ( commencing with Section 84100 of the Government Code), except an elected officer, candidate, committee, or other person who receives contributions totaling less than $ 2, 000 and who makes independent expenditures totaling less than $ 2, 000 in a calendar year, to file those statements, reports, or other documents online or electronically with the local filing officer; and WHEREAS, the City of Lathrop has entered into an agreement with Granicus, a vendor approved by the California Secretary of State, to provide an online electronic filing system (" System") for campaign disclosure statements and statements of economic interest forms; and
WHEREAS, Pursuant to California Government Code section 84615, the City of Lathrop hereby finds that the online or electronic filing system will facilitate the efficient and secure filing of required campaign reports and statements of economic interest forms; and
Ordinance No. 22- 437
48 WHEREAS, the System will operate securely and effectively and will not unduly burden filers; and
WHEREAS, the System will ensure the integrity of the data and includes safeguards against efforts to tamper with, manipulate, alter, or subvert the data; and WHEREAS, the System will only accept a filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State' s system for receiving an online or electronic filing; and WHEREAS, the System will be available free of charge to filers and to the public for viewing filings; and
WHEREAS, the City of Lathrop desires to amend Title 2 " Administration and Personnel" of the Lathrop Municipal Code by Adding New Chapter 2. 60 Titled Electronic Filing" to Accept Electronic and Paperless Filing of Fair Political Practices Commission Disclosure Campaign Statements & Statements Of Economic Interest Forms
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby ordain as follows:
Section 1.
Title 2 of the Lathrop Municipal Code, titled " Administration and Personnel" is hereby amended by adding new Chapter 2. 60 titled " Electronic Filing", to read in its entirely as follows:
CHAPTER 2. 60 Electronic Filling
2. 60. 010 Electronic filing of campaign statements and statements of economic interest.
A. Whenever any elected officer, candidate, committee or other person is required to file campaign statements, reports or other related documents required by the Political Reform Act ( Title 9 of the Government Code), shall file such documents online or electronically with the City Clerk, unless exempt from the requirement to file online pursuant to Government Code Section 84615, because the elected officer, candidate, committee or other person receives contributions totaling less than two thousand dollars ($ 2, 000), and makes expenditures totaling less than two thousand dollars ($ 2, 000) in a calendar year.
B. The provisions of this subsection shall apply to persons or combinations of persons who qualify as a committee under Section 82013 of the Political Reform Act.
Ordinance No. 22- 437
49 C. The provisions of this subsection shall also apply to any person holding a position listed in Government Code Section 82700 or designated in the City' s local conflict of interest code adopted pursuant to Government Code Section 83700, and shall file any required statement of economic interest reports ( Form 700) electronically with the Clerk / Local Filing Officer.
D. The date of filing for a statement, report, or other document that is filed online or electronically shall be the day that it is received by the City Clerk / Local Filing Officer, and the electronic system will confirmation with a timestamp that ensuring that the statement, report, or other document was received.
E. Filings set forth in Subsections A and B of this Section, which are filed and received electronically with the City Clerk are not required to also be filed with the City Clerk in paper format. An electronic filing will be the official record of such filing. Filers must sign electronic filings in the system under penalty of perjury.
F. In any instance in which an original statement, report or other document must be filed with the California Secretary of State and a copy of that statement, report or other document is required to be filed with the City Clerk, the filer may, but is not required to, file the copy electronically.
G. If the City Clerk' s electronic system is not capable of accepting a particular type of statement, report or other document, an elected officer, candidate, committee or other person shall file that document with the City Clerk in an alternative format.
H. If access to online filings has not been prescribed in a timely manner, the elected city officer, candidate, or committee may file an original statement by paper, at the discretion of the City Clerk / Local Filing Officer.
I. While electronic filing of statements will be mandated under this Ordinance, the City Clerk / Local Filing Officer, will have the right to accept a paper filing in lieu of an electronic filing at the City Clerk' s discretion, in instances where indigency or a catastrophe prevent electronic filing, and to accommodate an Americans with Disabilities Act ADA) request.
J. Once a candidate or committee is subject to the electronic filing requirements imposed by this Chapter, the candidate or committee will remain subject to the electronic filing requirements until the candidate or committee files a termination statement pursuant to the Political Reform Act.
Ordinance No. 22- 437
50 Section 2.
This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severabilitv.
If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
Section 4. Effective Date.
This Ordinance shall take legal effect 30 days from and after the date of its passage.
Section 5. Publication.
Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance, to be published in full accordance with Section 36933 of the Government Code.
Ordinance No. 22- 437
51 THIS ORDINANCE was introduced at a meeting of the City Council of the City of Lathrop on the 16t" day of May 2022, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the day of 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 22- 437
52 CITY MANAGER' S REPORT ITEM 4. 7
UNE 13, 2022 CITY COUNCIL REGULAR MEETING
ITEM: AWARD AGREEMENT TO MANTECA BULLETIN FOR
PUBLICATION OF LEGAL ADVERTISEMENTS
RECOMMENDATION: Adopt Resolution Awarding Agreement to the Manteca Bulletin for Publication of Legal
Advertisements for the Period of .7uly 1, 2022
through 7une 30, 2023
SUMMARY:
In accordance with Public Contract Code Section 20169, annually, before the beginning of the fiscal year in cities where there is more than one newspaper of general circulation, a notice inviting bid proposals and agreement for the publication of legal notices is required to be published in such a newspaper. The contract shall include the printing and publishing of all such legal notices during the fiscal year.
If there is only one such newspaper, the legislative body may contract with it without advertising for bids. However, there is no such newspaper operating directly within the City of Lathrop and staff relies on nearby adjudicated newspapers of general circulation to bid on the agreement yearly.
BACKGROUND:
Currently, the City of Lathrop is utilizing the legal advertising services of the Manteca Bulletin as the newspaper of general circulation, pursuant to Resolution No. 21- 4886.
On May 20 and May 25, 2022, a notice inviting bid proposals was published in the Manteca Bulletin, requiring a response by 2: 00 p. m. on June 2, 2022, to the Office of the City Clerk. Included in the bid packet was a sample legal advertisement that each company was to price and return based on their costs. The City Clerk received one bid proposal as outlined below.
ANALYSIS:
Generally, public notices required by various City and State laws must be published in a " newspaper of general circulation." The Manteca Bulletin, the only newspaper that provided a proposal has been adjudicated as a newspaper of general circulation within San Joaquin County.
Case law indicates that the City Council has the discretion to award the legal advertising agreement based on a totality of factors, including price, circulation, and publication dates. As noted in the table below, the Manteca Bulletin was the only bid proposal received and meets all the minimum requirements. Additionally, the Manteca Bulletin has been a consistent bidder throughout past fiscal years. 53 CITY MANAGER' S REPORT PAGE 2
UNE 13, 2022 CITY COUNCIL REGULAR MEETING
AGREEMENT FOR PUBLICATION OF LEGAL ADVERTISEMENTS FOR FY 22- 23 Newspaper Price Total Price Total Lead time Publication Circulation per Lines of per Cost for for days
line Sample Ad column Sample publication
Subscribers
inch Ad
Manteca 1. 58 57 Lines $ 81. 00 $ 90. 00 Two ( 2) Tuesday - 87 Lathrop Bulletin of sample print Business Saturday; paper subs
ad) 9. 00 Days No Holidays only
online Minimum 4, 000 Total
Paper &
5, 463
Online
REASON FOR RECOMMENDATION:
The City has been consistently doing business with the Manteca Bulletin for the last eight ( 8) fiscal years. The proposal submitted by the Manteca Bulletin will continue to meet the needs of the City. Additionally, the Manteca Bulletin has provided consistent quality customer service.
However, it is important to note there were two significant changes in this year' s proposal in comparison to previous fiscal years:
Due to COVID- 19, Mondays are no longer a publication day since 2021; and Due to the increase in online subscriptions, The Manteca Bulletin paper copy circulation decreased significantly:
o FY 20- 21 - Total circulation was 6, 400 / Lathrop circulation 384 o FY 21- 22 - Total circulation was 4, 000 / Lathrop circulation is 150 o FY 22- 23 - Total circulation is 3, 300 / Lathrop circulation is 87 The Manteca Bulletin has maintained reasonable publication fees, and prices from FY 21- 22 to FY 22- 23 remained consistent. Therefore, stafF recommends Council approval of the agreement with the Manteca Bulletin for publication of legal advertisements for the period of July 1, 2022 through June 30, 2023.
FISCAL IMPACT:
Funds for legal advertising in FY 2022- 23 are included as an estimate in the new fiscal budget based on prior year expense trends. Legal notices related to private and developer projects are requested for reimbursement from related developer accounts or as a one- time payment from private entities.
ATTACH M E NTS:
A. Resolution Awarding Agreement for Publication of Legal Advertisements B. Copy of Proposal Received by Manteca Bulletin
C. Agreement with Manteca Bulletin
54 CITY MANAGER' S REPORT PAGE 3
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING
AGREEMENT FOR PUBLICATION OF LEGAL ADVERTISEMENTS FOR FY 22- 23 APPROVALS:
T resa Vargas Date
overnment Services Director /
City Clerk
o.
Cari Date
Financ irector
7 Z0 - Z
Salvador Navarrete Date
City Attorney
o • 8• 2-
St phen ]. Salvatore Date
City Manager
55 RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING
AGREEMENT FOR PUBLICATION OF LEGAL ADVERTISEMENTS TO THE MANTECA BULLETIN FOR THE PERIOD OF 7ULY 1, 2022 THROUGH JUNE 30, 2023
WHEREAS, a notice inviting bids was published in the Manteca Bulletin, the current newspaper of general circulation, requiring a response by 2: 00 p. m. on ) une 2, 2022; and
WHEREAS, the City received one bid proposal from the Manteca Bulletin; and WHEREAS, City staff recommends approval of the bid proposal submitted by the Manteca Bulletin as the bid proposal continues to meet the needs of the City based on its cumulative considerations of price and lead time for publications; and WHEREAS, the Manteca Bulletin has been adjudicated within San Joaquin County as a newspaper of general circulation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby finds that the bid proposal submitted by the Manteca Bulletin continues to meet the needs of the City for legal advertising services for period of July 1, 2022 through June 30, 2023; and
BE IT FURTHER RESOLVED that the City Council awards an agreement to the Manteca Bulletin for legal advertising services for said period.
PASSED AND ADOPTED this 13th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 22-
56 ATT CHMENT .,_..
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AG.
CITY O F L14TH RU P
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a..........,,............,...,.,...
w.,...,,.,.........__. r.,.........._.......,,....._....,......,....•,........ ti.. v.,.,....«......,..._.........._.........., BID PROPC?SAL
Lfnes per column inch
Price per column lnch m d
v r `
Cost to pubilsh " Attachment A" U
Day( s) of week pubilshed Mon s ds f fFiurs t Sun
check all that apply)
Requfred lead time for publication G(![ 11 1 1G'- C) lr/ 1 G"CdExample of lead tlme; For publfcatlon on July 15, 022 ( or your publishing day nearest), copy of notice wou/ d be requlred to be submltted no later than li1J CX/ J
day, time, date)
Lead time for retractions vr corrections ` G J L
City of Lathrop circulatfon
Totai circulation
Proposal submitted by: Z "". 2""'
Date
C Qn. C$-
f
Company Name
2 Sem_ . Y,. ' lI' C, c.J O
Address, Cfty, State and Zip Code
a 35rZ
Phone Number Fax Number E- mail
Jrized Signature
n,, / c= S' r'
Printed Name & Title
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C ITY O F LATH RO P
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ATTACH M E NT A"
SAMPLE LEGAL AD)
CITY OF LATHROP
PUBLIC HEARING NOTICE
Notice is hereby given that the Cfty of Lathrop City Councll wll) hold a Public Hearing at thefr next Regular Meeting to consfder the following marter. Sald meeting wlll be held at 7: 00 p. m., Monday, August 15, 2022, City Hali Counc(I Chamber, 390 Towne Centre Dr,, Lathrop, CA, and virtually; as noticed by the City, All persons having an Interest in this matter are invited to be present to testify in person, or to submit statements in person at the meeting or in writing prior to the hearing, PUBLIC HEARiNG ( PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE AMENDING TITLE 10, CHAPTER 10. 24, SECTION 10, 24. 030 DESIGNATED NO PARKYNG AREAS
OF THE LATHROP MUNICIPA CODE
Council to Consider the Following:
1, Hold a Public Hearing; and
2, Introduction and Flrst Reading of an Ordinance of the Cfty Council of the City of Lathrop to Consider Amending Title 10, Chapter 10. 24, Section 10, 24. 030 Designated No Parking Areas of the Lathrop Municipal Code If you challenge any decision of the City Council in court, you may be limited to ra(sing only those issues you or someone else ralsed at the meeting descrlbed in this notice, or in written correspondence delivered to the City Councfi at, or prior to, the meeting,
In compliance with the Americans with Disabllitles Act, if you need special assistance to partic( pate in this meeting, please cail ( 209) 941- 7230. Notif(catlon 48 hours prlor to the meet(ng wiil enable the City to make reasonable arrangements to ensure accessibility.
For more information, contact the Publ(c Works Development Department, 390 Towne Centre Drive, Lathrop, CA 95330, Phone: ( Z09) 941- 7430. Fax: ( 209) 941- 7449, Email; website wkCa ci. lathron,ca•. s, TERESA VARGAS - CITY CLERK OF THE CI7Y OF LATHROP
58 ATTACHMWTA"
SAMPL! Ll6A1. AD)
GTY OP LATHROP- PUBLIC HEAl11N0
NOTKE
Nodce Is hereby qlven that the Clty of
laihiop City Councll wAI hdd a Publlc
Haaring et thNr next Regular Meeting to
conslder the lodowlny matter, 5ald
meeting adll6e held at 7W0 p.m.,
Mood r, Auyu l7S, 2o22CiryHali
Councll Chambar, 390 7owne Centre Dr,
Lathrop, CA, nd vlrtuelly; as noticed by
thQ Cfty, All perwns havlaq an Intorost
in lhls m tter are lovhed to be preseni
to 1pstl( y In pQrson, or to submil
statementa In person at the meetln9 or
In wrltlnp prlor to the hearinp,
PUBLIC HEARING( PUBLISHED N0T10E)
TO CONSI R AN ORDINANCE
AMENOING TRI. E 10, CHAP7ER 10. 24,
sactlon IU, 74.030 DESIGNATEO NO
PApKING ANEAS OF TFiE LA7HROA
MUPNGIPAL CODE
Counctl to Conslder the Followtng:
i. Hold PubAc Nearing; and
7. In[ roduclion and Flnt Reading oI an
Ordfnanca of the Clty Councll of the Clty
ol lathrop o Conslder Amending Tlde
10, Ch pter 10. 24, Settlon 10. 24. 030
Deslgnated No Parklnq Areas of the
lathrop Munlctp l Code
1( you challenpe any declslon o( the Clty
Coundl I courc, You may be Ilmked to
ralslnp only those Issues you a
someone else rolsed at Ihe meeting
descrlbed In this notice, w In wrltten
carespondence delivered to the Glty
Coundl at, or prla to, tha meetlnq.
In compllance with lhe Ameriuns wl h
DIs blAties AcL{ f you need apxlal
assl tence to particlpate In thls maeting,
please call 209) 941• 7230. NotlOwtlon
ae hours prlor to the meating wlll
enebte Ihe Clty to make roasonabie
arrangements to onsuro accesslbllfty.
Fw mvre Infwmatbr, contact the publlc
Waks Devefopment Department, 390
Townv Ctntro Drive, Latluop, CA 95330.
Phone;( 209) 941- 1430, fax;( 209)
941• 7449, or E- mall:
vebslle owkppjl. lathrnn. ca, us
TERESA VAROAS, CRY CLERK, CITY Oi
LATHNOP
ruWkaUon pate;
MB;I Sampla Ltgal Ad
59 K ROr c
tj'
o
N C ITY O F LAT H RO P
r„' ;.w ,:-",'' a
ti9
RPp 1
AGREEMENT FOR PUBLICATION OF LEGAL NOTICES
THIS AGREEMENT is between the City of Lathrop, a municipal corporation of the State of California ( City), and the Manteca Bulletin, a newspaper of general circulation, as defined in Section 6008 of the Government Code.
RECITALS
The City requires the services of a newspaper of general circulation for the purpose of publishing legal notices.
THEREFORE, the City and the Manteca Bulletin agree as follows:
1. Independent Contractor Status: The Manteca Bulletin is an independent contractor. Nothing in this agreement shall, in any way, be construed to mean that the Manteca Bulletin any of its agents or employees are agents, employees or representatives of the City.
2. Services to be Provided: The Manteca Bulletin shall provide services in connection with publishing legal notices for the City as specified in the attached proposal ( Exhibit A). In addition, it is further agreed that the Manteca Bulletin will provide proof of each notice for approval by the City Clerk' s Office or Planning Division prior to publication.
It shall be noted that this is a non- exclusive contract and the City retains the right to publish in other local newspapers as deemed necessary and advisable.
3. Termination: The City and the Manteca Bulletin agree that the City may terminate this Agreement at any time before the normal expiration of the term by giving thirty ( 30) days written notice.
4. Assignment: The Manteca Bulletin shall not assign this contract or any portion thereof without express written approval of the City.
5. Term: The term of this agreement shall commence July 1, 2022 or upon acceptance of this agreement by both parties, whichever is later, and shall terminate at the end of the fiscal year, June 30, 2023.
6. P ment: The Manteca Bulletin billing to the City shall contain the legal notice number, date published, number of lines, and cost per line as specified in attached Exhibit A.
60 ROP,
j
CITY O F LATH RO P ry
1, * . q
C
RPpIRA'1",
7. Billing statements shall be submitted to:
Teresa Vargas
Government Services Director / City Clerk
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Correspondence/ notices regarding this agreement should be directed to:
Teresa Vargas, City Clerk Liz Mora, Representative
Government Services Director Legal Advertising
City of Lathrop Manteca Bulletin
390 Towne Centre Drive 531 E. Yosemite Avenue
Lathrop, CA 95330 Manteca, CA 95336
Approved as to Form: City of Lathrop, City Attorney
Salvador Navarrete Date
Accepted by: City of Lathrop, City Manager
Stephen J. Salvatore Date
Attested by: City of Lathrop, City Clerk
Teresa Vargas Date
Contractor: Manteca Bulletin, Legal Advertising Representative Name, Title Date
Signature
61 62
CITY MANAGER' S REPORT
ITEM 4. H
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING
ITEM: GENERAL MUNICIPAL ELECTION - NOVEMBER 8,
2022
RECOMMENDATION: Council to Consider the Following:
1. Adopt Resolution Calling for the Holding of a
General Municipal Election to be held on Tuesday,
November 8, 2022, for the Election of Certain
Officers as Required by the Provisions of the Laws
of the State of California Relating to General Law
Cities;
2. Adopt Resolution Requesting the San ) oaquin
County Board of Supervisors to Consolidate a
General Municipal Election to be Held on
November 8, 2022, with the Statewide General
Election to be Held on the Same Date Pursuant To
10403 Of The Elections Code; and
3. Adopt Resolution Adopting Regulations for
Candidates for Elective Office Pertaining to
Candidates Statements Submitted to the Voters at
an Election to be Held on Tuesday, November 8,
2022
SUMMARY:
The 2022 General Municipal Election will be held on Tuesday, November 8, 2022, for the two- year- term Mayor' s seat and two four- year- term City Council seats. The terms ending are those of Mayor Dhaliwal, Vice Mayor Lazard, and Councilmember Akinjo.
By statute, a number of actions and decisions must be made by the City Council before the opening of nominations. The City Clerk, as Elections Official, has prepared the attached resolutions for City Council consideration, which will call the election, request consolidation with the County, and establish necessary guidelines.
BACKGROUND:
Pursuant to Lathrop Municipal Code Section 1. 08. 010, the City of Lathrop holds its General Municipal Election on the same day as the Statewide General Election. This is the first Tuesday, after the first Monday in November of each even- numbered year.
This year, the date is November 8, 2022. The election will be consolidated with San Joaquin County and the Registrar of Voters will be asked to conduct the election on behalf of the City of Lathrop.
63 CITY MANAGER' S REPORT PAGE 2
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING
GENERAL MUNICIPAL ELECTION — NOVEMBER 8, 2022
The election services provided by the Registrar of Voters primarily include the printing and mailing of ballots, opening and closing of voting centers, counting of ballots, canvassing of returns and all other proceedings incidental to and connected with the City' s General Municipal Election, amongst other related services.
In order to initiate the administration of the General Municipal Election as required by the Elections Code, staff is requesting City Council consideration of the attached resolutions. Once adopted, the signed resolutions with be forwarded to the Clerk of the Board of Supervisors for the Board' s approval, with a copy to the Registrar of Voters. The resolutions are as follows:
1. Resolution Calling for the Holding of a General Municipal Election on Tuesday, November 8, 2022 ( Attachment A)
The Elections Code provides that the City Council shall issue a resolution calling the election. Attached is a resolution calling for the holding of a General Municipal Election in the City of Lathrop on November 8, 2022, for the election of three ( 3) Members of the City Council, for the following terms:
Mayor - Full term of two ( 2) years
Two ( 2) Members of City Council - Full term of four ( 4) years
2. Resolution Requesting the County of San Joaquin to Consolidate the General Municipal Election with the Statewide General Election Attachment B)
The Elections Code provides that the City Council may, by resolution; request that the County Board of Supervisors permit the County Elections Official to render specified services to the City relating to the conduct of an election. The City Clerk will work closely with the San Joaquin County Registrar of Voters for election services. The City reimburse the County for these services upon completion of the work and presentation of an appropriately approved invoice to the City.
3. Resolution Approving Regulations Pertaining to the Candidate Statements ( Attachment C)
The Elections Code provides that the City Council adopt regulations pertaining to the statement prepared by any candidate for the General Municipal Election and to determine whether a charge shall be levied to cover the actual costs of such statement.
The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words about the candidate' s education and qualifications as expressed by the candidate. The City Council may authorize an increase in the limitation of words for the statement from 200 to 400 words.
64 CITY MANAGER' S REPORT PAGE 3
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING
GENERAL MUNICIPAL ELECTION — NOVEMBER 8, 2022
Historically, the City of Lathrop has not authorized the word increase. Staff recommends authorizing the 200- word limit for this election, in order to avoid increased costs for the statements.
It is recommended that any candidate who chooses to submit a candidate statement pay for the costs of translating, printing, and mailing of the candidate statement. Upon submission of nomination papers, candidates would be required to provide a deposit to the City Clerk, payable to the City of Lathrop, for this purpose.
The cost estimate is calculated by the San Joaquin County Registrar of Voters, based on the number of registered voters, page formatting and the number of pages of the sample ballot and will be provided to the candidate during the nomination process. Staff anticipates the deposit amount to be anywhere between $ 500 and $ 600 dollars. The candidate shall be refunded any overage or billed for any additional costs within 30 days of the actual accounting of said costs by the San Joaquin County Registrar of Voters.
RECOMMENDATION:
Staff recommends that the City Council adopt the resolutions provided regarding the upcoming General Municipal Election to be held on November 8, 2022, and direct the City Clerk, as Elections Official, to work with the San Joaquin County Registrar of Voters on election preparations and related activities.
FISCAL IMPACT:
The San ) oaquin County Registrar of Voters did not provide a cost estimate for the 2022 Municipal General Election by the agenda publication deadline. However, the cost from prior election years have been between $ 35, 000 and $ 45, 000.
Election costs for $ 45, 000 are included in the adopted Fiscal Year 2022- 2023 budget.
This was an estimate included during the budget process. However, considering the increase in population the final cost from the County may be slightly higher than anticipated from the last election. In this case, a budget amendment from the General Fund will be requested during the FY 2022- 2023 midyear approval process.
ATTACH M E NTS:
A. Resolution Calling for the Holding of a General Municipal Election on Tuesday, November 8, 2022
B. Resolution Requesting the County of San Joaquin to Consolidate the General Municipal Election with the Statewide General Election
C. Resolution Approving Regulations Pertaining to the Candidate Statements 65 CITY MANAGER' S REPORT PAGE 4
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING
GENERAL MUNICIPAL ELECTION — NOVEMBER 8, 2022
APPROVALS:
T resa Vargas Date
Government Services Director
City Clerk
b a0d
Cari ) ame Date
Finance ir ctor
LL
Salvador Navarrete Date
City Attorney
O ' •
S n J. Salvatore Date
City Manager
66 RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP,
CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION
OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF
THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 8, 2022, for the election of Municipal Officers;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Lathrop, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing a Mayor for the full term of two ( 2) years beginning December 2022 and ending December 2024) and two ( 2) Members of the City Council for the full term of four (4) years ( beginning December 2022 and ending December 2026).
SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed to coordinate with the County of San Joaquin Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. That the polls for the election shall be open at seven o' clock a. m. of the day of the election and shall remain open continuously from that time until eight o' clock p. m. of the same day when the polls shall be closed, pursuant to Election Code § 10242, except as provided in §§ 14212, 14401 of the Elections Code of the State of California.
SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
AT" A IM' NT ._._..
Resolution No. 22- Page 1 of 2
67 SECTION 7. That in the event of a tie vote ( if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of San Joaquin Registrar of Voters, the City Council, in accordance with Election Code § 15651( a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
SECTION 9. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
PASSED, APPROVED, AND ADOPTED ON the 13th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 22- Page 2 of 2
68 RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY
OF SAN JOAQUIN TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Lathrop called a General Municipal Election to be held on November 8, 2022, for the purpose of the election of a Mayor for the full term of two ( 2) years ( beginning December 2022 and ending December 2024) and two ( 2) Members of the City Council for the full term of four ( 4) years beginning December 2022 and ending December 2026); and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City, the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of San Joaquin canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of San Joaquin is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of the election of a Mayor for the full term of two ( 2) years ( beginning December 2022 and ending December 2024) and two ( 2) Members of the City Council for the full term of four ( 4) years ( beginning December 2022 and ending December 2026).
SECTION 2. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election.
SECTION 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election.
SECTION 4. That the City of Lathrop recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
A1" A I M NT ,....,_._
Resolution No. 22- Page 1 of 2
69 SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of San ] oaquin.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED ON the 13th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Sa vador Navarrete, City Attorney Resolution No. 22- Page 2 of 2
70 RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 WHEREAS, § 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to § 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Lathrop on November 8, 2022, may prepare a candidate' s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate' s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate' s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5: 00 p. m. of the next working day after the close of the nomination period.
SECTION 2. FOREIGN LANGUAGE POLICY.
A. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of San Joaquin. The County is required to translate candidate statements into Spanish.
B. The County will print and mail voter information guides and candidate statements to all voters in English and Spanish. The County will make the voter information guides and candidate statements in the required languages available at all polling places, on the County' s website and in the Election Official' s office.
SECTION 3. PAYMENT.
A. Translations
1. The candidate shall be required to pay for the cost of translating the candidate' s statement into any required foreign language as specified in ( A) and ( B) of Section 2 above, pursuant to Federal and/ or State law.
f CHMENT
Resolution No. 22- Page 1 of 3
71 2. The candidate shall be required to pay for the cost of translating the candidate' s statement into any foreign language that is not required as specified in ( A) and ( B) of Section 2 above, pursuant to Federal and/ or State law, but is required as an option by the candidate.
B. Printing
1. The candidate shall be required to pay for the cost of printing the candidate' s statement in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidate' s statement in a foreign language required in ( A) of Section 2 above, in the main voter pamphlet.
3. The candidate shall be required to pay for the cost of printing the candidate' s statement in a foreign language requested by the candidate per ( B) of Section 2 above, in the main voter pamphlet.
4. The candidate shall be required to pay for the cost of printing the candidate' s statement in a foreign language required by ( A) of Section 2 above, in the facsimile voter pamphlet.
The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 ( as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
SECTION 4. MISCELLANEOUS.
A. All translations shall be provided by professionally- certified translations.
B. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.
SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.
Resolution No. 22- Page 2 of 3
72 SECTION 6. That the City Clerk shall provide each candidate or the candidate' s representative a copy of this Resolution at the time nominating petitions are issued.
SECTION 7. That all previous resolutions establishing Council policy on payment for candidate statements are repealed.
SECTION 8. That this resolution shall apply only to the election to be held on November 8, 2022, and shall then be repealed.
SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED the 13th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 22- Page 3 of 3
73 74
ITEM 4.9
CITY MANAGER' S REPORT
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING
ITEM: GANN APPROPRIATION LIMIT FOR FISCAL YEAR
2022/ 23
RECOMMENDATION: Adopt Resolution Determining the Total Annual Appropriations Subject to Limitation, for Fiscal Year
2022/ 23
SUMMARY:
California voters adopted the GANN Initiative ( also known as GANN Limit) in 1979.
The purpose of the GANN Initiative is to limit tax revenues which can be appropriated in any fiscal year. The GANN Limit is calculated by increasing the base year tax revenues by the Population Growth factor and one of the following: 1. Changes in Assessed Values attributed to Non- Residential Growth or 2. Changes in the Per Capita Personal Income factor whichever is greater and readily available. To comply with Article XIII. B of the State Constitution and Government Code 7900 and as part of the budget process, the City adopts the GANN Limit.
After reviewing the GANN Limit' s growth factors, staff recommends using the Assessed Value attributed to Non- Residential Growth to set the appropriation limit at 303, 219, 763 ( Attachment " B") for Fiscal Year 2022/ 23. The Fiscal Year 2022/ 23 budget remains in compliance within the appropriation limit.
BACKGROUND:
The GANN Limit originated with Proposition 4 and was passed by California voters in November 1979 ( also known as the Gann Initiative). The purpose of the GANN Limit is to limit tax growth.
Section 7910 of the Government Code of the State of California requires that the governing bodies of each local jurisdiction establish its appropriation limit for the following fiscal year pursuant to Article XIIIB of the State Constitution ( GANN Initiative). The GANN Initiative limits the amount of revenue which can be appropriated in any fiscal year. However, not all revenues are restricted, only those referred to as proceeds of taxes". The limit is adjusted annually for population growth, inflation/ per capita income or changes to non- residential new construction, and other factors. Certain appropriations are exempt from the GANN Limit, such as voter- approved debt, court orders, and federal mandates.
The GANN Limit is calculated by increasing the base year tax revenues annually by a population growth factor and by one of the following:
1. The increase in Assessed Value attributed to Non- Residential Growth; or
2. The increase or decrease in California Per Capita Personal Income 75 CITY MANAGER' S REPORT PAGE 2
UNE 13, 2022 CITY COUNCIL REGULAR MEETING
GANN LIMIT FISCAL YEAR 2022/ 23
Staff has prepared the FY 2022/ 23 GANN Appropriation Limit calculation ( shown in Attachment " B" of the Proposed Resolution). The cost- of-living factor provided by the Department of Finance is personal income is 6. 63%. Staff recommends that the increase in per capita personal income of 6. 63% be used rather than the 5. 14% increase in assessed value attributed to non- residential growth.
The GANN Appropriation Limit for FY 2022/ 23 is $ 303, 219, 763 as calculated in Attachment " B" of the proposed resolution.
REASON FOR RECOMMENDATION:
The City is required by State law to annually adopt the GANN Limit.
FISCAL IMPACT:
The City' s FY 2022/ 23 appropriations funded by tax revenues are within the required GANN Limit.
ATTACHMENTS:
A. Resolution Determining the Total Annual Appropriation Subject to Limitation, for Fiscal Year 2022/ 23
B. Proposition 4 Appropriation GANN Limit Calculations for Fiscal Year 2022/ 23 76 CITY MANAGER' S REPORT PAGE 3
UNE 13, 2022 CITY COUNCIL REGULAR MEETING
GANN LIMIT FISCAL YEAR 2022/ 23
APPROVALS:
J ZZ
Sandra Frias Date
Senior Management Analyst
p ( Z v zZ
Thomas Hedegar Date
Deputy Finance Director
Glj
Cari Ja s Date
Finance irector
6 4Z _ 7 /
L,Y/
l 2L
Salvador Navarrete Date
City Attorney
o-?• ZZ
Ste en J Salvatore Date
City Manager
77 RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
DETERMINING THE TOTAL ANNUAL APPROPRIATION SUB ECT TO
LIMITATION, FOR FISCAL YEAR 2022/ 23
WHEREAS, the City of Lathrop has prepared and submitted to the City Council a budget for the fiscal year commencing July 1, 2022; and WHEREAS, the City Council should determine its final annual appropriations that are subject to limitation pursuant to Article XIII. B of the State Constitution; and WHEREAS, said total annual appropriations subject to limitation of the City of Lathrop has been computed by the Director of Finance in accordance with the provisions in Article XIII. B and Government Code 7900, et seq; and WHEREAS, the increase in the per capita personal income of 6. 63% was used rather than the assessed value attributed to non- residential growth; and WHEREAS, the City of Lathrop has complied with all of the provisions of Article XIII. B and Government Code 7902 in determining the Gann Limit which has been calculated for fiscal year 2022/ 23 to be $ 303, 219, 763; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Gann Limit for 2022/ 23 to be $ 303, 219, 763 as calculated in the City Manager' s Report presented to Council with this resolution. 78 The foregoing resolution was passed and adopted this 13th day of June 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 79 CITY OF LATHROP
PROPOSITION 4 APPROPRIATION GANN LIMIT CALCULATIONS
2002- 03 GANN LIMIT ......................................................................... 41, 338, 925 2003- 04 GANN LIMIT ......................................................................... 46, 340, 935 2004- 05 GANN LIMIT ......................................................................... 49, 037, 977 2005- 06 GANN LIMIT ......................................................................... 51, 774, 296 2006- 07 GANN LIMIT ......................................................................... 61, 109, 202 2007- OS GANN LIMIT ......................................................................... 71, 980, 529 2008- 09 GANN LIMIT ......................................................................... 80, 085, 537 2009- 10 GANN LIMIT ......................................................................... 82, 111, 701 2010- 11 GANN LIMIT ......................................................................... 81, 627, 242 2011- 12 GANN LIMIT ......................................................................... 87, 006, 477 2012- 13 GANN LIMIT ......................................................................... 91, 800, 534 2013- 14 GANN LIMIT ......................................................................... 98, 612, 134 2014- 15 GANN LIMIT ......................................................................... 101, 077,437 2015- 16 GANN LIMIT ......................................................................... 108, 061, 888 2016- 17 GANN LIMIT ......................................................................... 121, 072, 539 2017- 18 GANN LIMIT ......................................................................... 130, 843, 093 2018- 19 GANN LIMIT ......................................................................... 150, 652, 737 2019- 20 GANN LIMIT ......................................................................... 202, 160, 908 2020- 21 GANN LIMIT ......................................................................... 235, 194, 000 2021- 22 GANN LIMIT ......................................................................... 264, 405, 095 2022- 23 GANN LIMIT ......................................................................... 303, 219, 763 2021- 22 FINAL CALCULATION
The City will use the percentage change in per Capita Income to calculate the Final Gann Limit.
ADJUST FOR CHANGE IN POPULATION
Based on California Department of Finance Information
Increase 6.63%
Adjust for Change in California Per Capita Income
Per Capita Income Change: 7. 55%
Adjust by the Above Factors:
Population 1. 0663 x Per Capita 1. 0755 = 1. 1468
264, 405, 095 x 1. 1468=$ 303, 219, 763
If you have any questions, contact Cari James in the Finance Department.
ATTACHMENT" B"
80 CITY MANAGER' S REPORT ITEM 4. 10
7UNE 13, 2022 CITY COUNCIL REGULAR MEETING
ITEM: TRANSPORTATION DEVELOPMENT ACT CLAIM FOR
FISCAL YEAR 2021/ 22
RECOMMENDATION: Adopt Resolution Authorizing the Filing of a Transportation Development Act ( TDA) Claim for
Local Transportation Funds ( LTF) for Fiscal Year
2021/ 22
SUMMARY:
Annually, the City of Lathrop submits the local Transportation Development Act (TDA) claim to request Local Transportation Funds ( LTF) from the San Joaquin County Council of Governments ( SJCOG) for the current year' s budgeted street and road projects. The City is generally sent its budget apportionment within six weeks of submitting the claim.
Based on the available LTF resources and programmed expenditures staff is recommending City Council authorize the filing of the FY 2021/ 22 TDA claim in the amount of $ 1, 381, 738.
BACKGROUND:
TDA provides a major source of funding for public transportation projects known as the Local Transportation Fund ( LTF).
Revenues for the LTF are derived from a 1/ 4 cent portion of the 8. 75 percent retail sales tax collected in the county. Annually, S] COG determines each City' s share of the anticipated LTF based on its population within the County.
LTF funds may be used for a broad range of transportation improvements including local roads, public transit and bicycle and pedestrian facilities. Over the past several years, the City has used these funds for various projects including the Lathrop Road Widening, street sidewalk improvements, and slurry seal/ pavement repairs to roads in various areas.
For Fiscal Year 2021/ 22 the total LTF funds available for the City of Lathrop are 1, 842, 060, which includes a prior year carryover amount of $ 122, 830. The City' s proposed LTF expenditures total $ 1, 504, 568 leaving an unclaimed or surplus balance of $ 337, 492. The projects identified for each of the LTF expenditure categories can be found in the notes section of Table 1. The unclaimed balance of $ 337, 492 can be programmed into streets and roads projects in FY 2021/ 22 pending Council' s directive. Based on the available LTF resources and programmed expenditures stafF is recommending City Council authorize the filing of the FY 2021/ 22 TDA claim in the amount of $ 1, 381, 738.
81 CITY MANAGER' S REPORT PAGE 2
7UNE 13, 2022 CITY COUNCIL REGULAR MEETING
TRANSPORTATION DEVELOPMENT ACT CLAIM FY 2021/ 22
Table 1 reflects the available resources from LTF and the City' s portion of LTF funding for FY 2021/ 22.
Table 1 - FY 2021/ 22 LTF Funding Summary
Area Aportionment 1, 143, 802
Pedestrian/ Bicycle 26, 914
Prior Years' Unclaimed Apportionment 548, 514
Unexpended Carryover 122, 830
Pedestrian/ Bicycle z
152, 991)
Roads and Streets 3
1, 150, 000)
Transit Set- Aside 25%
4 201, 577)
Total LTF Expeditures 1, 504, 568
Less: Unexpended Carry Over and TDA Admin 122, 830)
Notes:
1The funds requested for TDAAdministration is the City' s share ofthe transportation planning apportionment retained bySan Joaquin Council ofGovernments fortheir administration services.
Z Thefunds requested for Pedestrian and Bicyclewill be used for Sidewalk Repair Program and Thomsen Road/ Lathrop EI ementa ry School I mprovements.
3 The funds requested for Roads and Streets will be used for, the annual street maintenance program, the replacement of concrete s i dewa I ks i denti fi ed i n the s i dewa I k s u rvey.
There are no projects budgeted at this time requesting additional funding. Previously the City has budgeted for maintenance ofthe bus shelters.
5 Unclaimed balanceof$ 337, 492 pendingcouncil' s direction.
REASON FOR RECOMMENDATION:
The City is required to submit an annual claim to SJCOG Board to receive Local Transportation Funds.
82 CITY MANAGER' S REPORT PAGE 3
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING
TRANSPORTATION DEVELOPMENT ACT CLAIM FY 2021/ 22
FISCAL IMPACT:
The costs associated with preparing the TDA claim were included in the Council Approved FY 2021/ 22 operating budget. Authorization to submit the claim is necessary for the City to continue to receive TDA funding.
ATTACH M E NTS:
A. Resolution Authorizing the Filing of a Transportation Development Act TDA) Claim for Local Transportation Funds ( LTF) for Fiscal Year 2021/ 22 B. Transportation Development Act Claim Fiscal Year 2021/ 22 83 CITY MANAGER' S REPORT PAGE 4
7UNE 13, 2022 CITY COUNCIL REGULAR MEETING
TRANSPORTATION DEVELOPMENT ACT CLAIM FY 2021/ 22
APPROVALS:
L/ Z
l
22 Sandra Frias Date
Sr. Management Analyst
IZ ZZ
Thomas Hedegard Date
De uty Finance Director
Cari Jame Date
Director o inance
Z — Zp 2..Z
Salvador Navarrete Date
City Attorney
o' 7 • ZZ
Ste en J Salvatore Date
City Manager
84 RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
AUTHORIZING THE FILING OF A TRANSPORTATION DEVELOPMENT ACT
TDA) CLAIM FOR LOCAL TRANSPORTATION FUNDS ( LTF) FOR FISCAL YEAR 2021/ 22
WHEREAS, under provisions of the Transportation Development Act ( TDA), the City is required to make an annual claim for funds apportioned to the City under the Local Transportation Fund ( LTF) through the San Joaquin County Council of Governments for transit purposes; and
WHEREAS, the City may file a claim form relative to the 2021/ 22 Fiscal Years LTF Apportionment; and
WHEREAS, the City may claim funds for the specified amounts and purposes listed below:
201, 577. 00 Transit Set- Aside 25%
1, 150, 000. 00 Roads & Streets: Article 8 ( PUC 99400( a)) 0- Unexpended Carryover- Roads & Streets: Article 8 ( PUC 99400( a)) 30, 161. 00 Pedestrian & Bicycle: Article 3 ( PUC 99234) 122, 830. 00 Unexpended Carryover- Pedestrian & Bicycle: Article 3 ( PUC 99234) 0- LTF Other Article 8 ( 99400( b, c, d, e))
0- Unexpended Carryover- LTF Other Article 8 ( 99400( b, c, d, e)) 1, 504, 568. 00 Total TDA Funds being claimed
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby authorize the filing of said TDA claim for Local Transportation Funds and directs staff to present the claim to the San Joaquin County Council of Governments in the amount of $ 1, 504, 568.
85 The foregoing resolution was passed and adopted this 13t" day of June 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 86 FISCAL YEAR 2021- 2022
SAN jOAQUIN COG
TRANSPORTATION DEVELOPMENT ACT
CLAIM FORM AND GUIDELINES
FOR
LOCAL TRANSPORTATION FUND ( LTF)
AND
STATE TRANSIT ASSISTANCE FUND ( STA)
Agency Name:
For Internal Use:
Planner Review:
Finance Review:
Steve Dial Review:
87 LOCAL TRANSPORTATION FUND
CLAIM FOR FISCAL YEAR 2021/ 22
TO: San Joaquin Council of Governments
555 E Weber Avenue
Stockton, CA 95202
FROM: Applicant: City of Lathrop
Address: 390 Towne Centre Drive
City Lathrop Zip: 95330
Contact Person: Sandra Frias Phone: 209- 941- 7328
E- mail Address: atri[ ciJ thrc a. e. ua Fax: 209- 941- 7339 The City of Lathrop hereby requests, in accordance with Chapter 1400 Statutes 1971 and applicable rules and regulations, that its annual transportation claim be approved in the amount of $ 1, 504, 568 for fiscal year 2021/ 22, to be drawn from the Local Transportation Fund.
When approved, please transmit this claim to the County Auditor for payment. Approval of the claim and payment by the County Auditor to this applicant is subject to such monies being on hand and available for distribution, and to the provisions that such monies will be used only in accordance with the terms of the approved annual financial plan.
The claimant certifies that this Local Transportation Fund claim and the financial information contained therein is reasonable and accurate to the best of my knowledge and the aforementioned information indicates the eligibility of this claimant for funds for the fiscal year of the application pursuant to CAC Section 6634 and 6734
Submitted
J
Title: City Manager
ate: G • • ZZ
San Joaquin Council of Governments
Date of approval:
B Y:
Diane Nguyen
Executive Director
BY:
Steve Dial
Deputy Executive DirectodCFO
Date:
88 TRANSPORTATION DEVELOPMENT ACT APPORTIONMENTS
I Local Transportation Fund Available Apportionment
A. Area Apportionment 2021- 2022 1, 143, 802
B. Pedestrian/ Bicycle Apportionment 26, 914
C. Previous Years' Unclaimed Apportionment 548, 514
D. Unexpended Carryover 122, 830
E. TOTAL AVAILABLE FOR THIS CLA/ M 1, 842, 060
Also enter on page 9, 1st column)
F. Actual net funds available ( E- D= F) 1, 719,230
I I State Transit Assistance Fund Available Apportionment A. Area Apportionment 2021- 2022 0
B. Previous Years' Unclaimed Apportionment 0
C. Unexpended Carryover 0
D TOTAL AVAILABLE FOR TH/ S CLAIM 0
Also enter on page 9, 2nd column)
E. Actual net funds available (D- C= E) 0
89 CLAIM PURPOSES I. LTF II STA
I. PUBLIC TRANSPORTATION
Article 4( 99260)- Operator '
TRANSIT SET-ASIDE 25% 201, 577
CCR Section 6730( a) Public Transit
CCR Section 6730( a) Capital
Article 8( 99400( c))
Contractor Operating
Article 8( 99400( e))
Contractor Capital
Article 8( 99400( b))
Passenger Rail Service
Operations and Capital
II PEDESTRIAN AND BICYCL $ 26, 914 New Ped/ bike
Article 3( 99234) 122, 830 Carryover 152, 990
3, 246 previous year unclaimed
111 ROADS AND STREETS
Article 8( 99400( a)) 604, 733 current year allocatic $ 1, 150, 000 545, 267 previous year' s unclaimed
IV OTHER
Article 8( 99400( b, c, d, e))
TOTAL THIS CLAIM 1, 504, 568
TOTAL AVAILABLE FOR THIS CLAIM
from pg. 8, ( I.) E. and( II.) D) 1, 842, 060
UNCLAIMED APPORTIONMENT
TOTAL AVAILABLE less TOTAL THiS CLAIM) 337, 492
IMPORTANT: To avoid accidenta/ overpayment, p/ease identify and itemize in the space be/ow any unexpended carryover inc/uded in the amounts being claimed above. Identify the amount of carryover and the purpose for which it is being rec/aimed. Attach pages as necessary.
LTF in Transit Fund to be reclaimed for Transit Purpose LTF in Transit Fund to be reclaimed for Capital Purpose LTF in Streets and Roads Fund to be reclaimed for Streets& Roads LTF in Ped/ Bike Fund reclaimed for Peds/ Bicycle 122, 830 STA in Transit Fund reclaimed for
TOTAL UNEXPENDED CARRYOVER 122, 830
PART I- PUBLIC TRANSPORTION FINANCIAL INFORMATION
Please Circle Either
Article 4 Operator 2021/ 2022
Article 8 Contractor 2021/ 2022
90 A. OPERATING REVENUES FY20/ 21 FY21/ 22
ESTIMATE BUDGET
ACTUAL ACTUAL
401 PassengerFares
402 Special Transit Fares
405 CharterRevenues
406 Auxiliary Transportation Revenues
includes advertising)
407 Non- Transportation Revenues
408 Tax Revenue ( Specify)
Property Tax
Sales Tax ( not TDA)
409 Local Grants and Reimbursements
Purchase of Service
Local Transportation Fund ( LTF revenue) 201, 577
410 Local Special Fare Assistance
411 State Cash Grants & Reimbursement
CMAQ
Other: Caltrans 5303 Planninq
412 State Special Fare Assistance
413 Federal Grants and Reimbursements
FTA Grants 5307
430 Contributed Services ( Not Cash)
440 Subsidy from other Sector of Operations
Interest Income
TOTAL 201, 577
B. CAPITAL REVENUES
464 Capital Grants and Subsides
Specify Federal, State, Local:
State Prop 1 B & Measure K
State Transit Assistance ( STA)
Local Transportation Fund ( LTF)
Non- Governmental Donations
TOTAL
91 C. OPERATING EXPENSES FY20/ 21 FY21/ 22
ESTIMATE BUDGET
ACTUAL ACTUAL
501 Labor
Operations and Salaries/Wages
Other Salaries/Wages
502 Fringe Benefits
503 Services
504 Materials/ Supplies
Fuel/ Lubricants
Tires/ Tubes
Other: CONTRACTED TRANSIT
505 Utilities
506 Casualty/ Liability Costs
507 Taxes
508 Purchased Transportation Service 201, 577
509 Misc. Expenses
510 Expense Transfer
511 Interest Expense
512 Leases and Rentals
513 Depreciation/ amortization
Operator Funds
Grant Funds
TOTAL 201, 577
D. CAPITAL EXPENSES
Debt Service
Land/ Property Acquisition
Vehicles
Construction
Other
TOTAL
Allowable capital expenses are limited for Article 8 Claimants; see 99400( e) 92 II. OPERATIONAL INFORMATION
Actuals Actual/ Est. Proposed
FY 2020/ 21 FY 2021/ 22 FY 2022/ 23
1. Patronaae
a. Total Passengers
b. Revenue Passengers
c. Youth Passengers
d. Elderly Passengers
e. Handicapped Passengers
2. Vehicle Miles
a. Total Vehicle Miles
b. Revenue Vehicle Miles
3. Revenue Vehicle Hours
4. Revenue Vehicle Fuel Consumption
a. Diesel
b. Gasoline
5. Fare Collection
a. Base
b. Zone
c. Youth
d. Senior
e. Handicapped
f. Monthly Pass
g. Other
h. Average Fare
93 A. THREE YEAR FISCAL PLAN
FY2021/ 22 FY2022/ 23 FY2023/ 24
Operating Expenses 201, 577 250, 000 250, 000
Operating Revenues
Sources
LTF 201, 577 250, 000 250, 000
STA
Federal ( 5311)
Fares
General Fund
Other : Measure- K/ FTA
Total
Capital Expenses
Capital Revenue
Sources
LTF
STA
Federal
Other
Total
94 B. FLEET INVENTORY
Standard
Make & Model Year
Veh cles
Fuel Type Seat Wheelchair Y/Np Lift Y/ N
Capacit Positions
TOTAL
VEHICLES TO BE PURCHASED IN FY 2021/ 22
Standard
Make & Model Year
of
Fuel Type Seat Wheelchair Ramp Lift Y/ N
Vehicles
Capacity Positions
Y/ N
95 V. LOCAL TRANSPORTATION FUNC
ANNUAL PROJECT AND FINANCIAL PLAN
PEDESTRIAN AND BICYCLE PROJECTS
Use additional forms as necessary)
PART II
Briefly describe all proposed projects and indicate proposed project expenditures for ri ht of wa ac uisition and the construction of road and street ro' ects.
Total LTF
Project Title& Brief Description Project Limits Project Funds Cost Utilized
Regional Pedestrian Bikeway Various Locations 190, 020 S 108, Z54 PS02- 04
Traffic Sginal Golden Valiey Parkway( GVP)& Lathrop/ Spartan Way $ 729, 000 S 49, 73@ PS18- 03
TOTAL 919, 020 $ 152, 990
1. LTF carryover from qrevious fiscal vears applied toward FY 2021/ 22 Pedestrian& Bicycle Proje $ 122, 829
2. FY 2021/ 22 apportionment applied towards FY 2021/ 22 Non- motorized 30, 161
3. Total of 1, 2 above( must match total LTF in Table 4 above) 152, 990 96 VI. LOCAL TRANSPORTATION FUND
ANNUAL PROJECT AND FINANCIAL PLAN
ROADS AND STREETS PROJECTS
Use additional forms as necessary)
PART III
Briefly describe all proposed projects and indicate proposed project expenditures for ri ht of wa ac uisition and the construction of road and street ro' ects.
Total LTF
Project Title& Brief Description Project Limits Project Funds Cost Utilized
Citywide Maintenance& Repair Program Various Locations 8, 722, 728 E PS18- 01
Traffic Calming Measures Various Locations 225, 000 S 2b, 000 PS22- 16
Lathrop Active Transportation Plan Various Locations 200, 000 S 10, 000 PS22- 17
Class 2- Bikeway to Ace Station Various Locations 114, 247 10, OQ0 PS22- 18
Mossdale Roundabout Improvements Various Location 1, 000, 000 S 1, 10a, 000 PS22- 41
Interest 64 3 z
TOTAL 10, 261, 975 $ 7, 150, 000
1. LTF carryover from previous fiscal vears applied toward FY 2021/ 22 Roads and Streets $ 545, 267
2. FY 2020/ 21 apportionment applied toward FY 2021/ 22 Roads and Streets 604, 733
3. Tota of 1, 2 above( must match total LTF in Table 4 above) 1, 150, 000 97 PART V
STATEMENT OF ASSURANCES
CONFORMANCE REQUIREMENTS FOR CLAIMANTS
Please initial all applicable paragraphs pursuant to which the attached claim is being submitted.
Initial in space provided or put N/ A if it is not applicable to your organization.
Initial or N/ A
1) 180 Dav Certified Fiscal Audit( required for all claims) Claimant assures that it has submitted a satisfactory independent fiscal audit, with required certification, to SJCOG and to the State Controller not more than 180 days after the end of the prior fiscal year.
Refer to PUC Section 99245, CCR Section 6664)
2) 90 Dav Annual State Controller Report( required for all transit claims) Claimant assures that it has submitted this report to the State Controller in conformance with the uniform system of accounts and records not more than 120 days after the end of the prior fiscal year.
Refer to PUC Section 99243, CCR Section 6665) Af
3) Elderlv/ Disabled( required for all transit claims)
Assurance that the transit operator in question is in compliance with PUC Section 99155 pertaining to reduced transit fares for elderly and disabled persons and Section 99155. 5 pertaining to dial- a ride and paratransit services. I ( 4) Farebox Recovery Ratio Requirements( required for all transit claims) Claimant filing a claim for LTF or STA funds certifies that it will maintain for the project that ratio of fare revenues and local support to operating cost required under PUC Sections 99268. 3, 99268. 4, 99268.5( a), 99268.5( b), 99268. 12, 99270. 1, and 99270. 2, as appropriate.
Refer to PUC Section 99268, CCR Section 6633. 2) A(
5) CHP Terminal Inspection ( required for all transit claims) Claimant certifies that it has been certified by the Department of the California Highway Patrol within the last 13 months to be compliant with Section 1808. 1 of the Vehicle Code. This section requires operators to participate in a pull notice system for obtaining current driver records from the Department of Motor Vehicles.
Refer to PUC Section 99251) r n
6) Implementation of Productivitv Improvements ( required for all transit claim N ' R Claimant certifies that the operator has made a reasonable effort to implement the productivity improvements recommended pursuant to PUC Section 99244. 7) Triennial PerFormance Audit
Claimant assures that it has complied with the requirements of a triennial performance audit.
Refer to PUC Section 99248, CCR Section 6664.5)
8) Fiscal Audit
Claimant certifies that it has submitted a satisfactory, independent fiscal audit, with Required certification statement, to the RTPA and the State Controller, pursuant to PUC 99245 and 21 Cal. Code of Regulations 6664 for the prior fiscal year. Claimant assures that this audit requirement will be completed for the current fiscal year. 98 9) Operating Bud et
Claimant certifies that its operating budget is not more than 15% greater than its previous year budget unless supported by documentation that substantiates such change.
Refer to PUC Section 99266)
10) Extension of Service
Claimant who receives an allocation of LTF funds for extension of service pursuant to PUC Section 99268. 8 certifies that it will file a report of these services pursuant to CCR section 6633. 8( b) within 90 days after close of the fiscal year in which the allocation was granted.
11) Conformance with the Re ional Transportation Plan
required for STA claims, transit ped/ bike and streets and roads claims) Claimant certifies that all of the purposes for claim expenditures are in conformance with the Regional Transportation Plan.
Refer to CCR 6754( a))
12) Full Use of Federal Funds( required for STA claims only) Claimant certifies that it is making full use of Federal Funds available under the Federal Transit Act.
Refer to CCR 6754( a))
13) Efficiencv Standards
required for transit operator claimants claiming STA for operating purposes) Operator certifies that it meets one of the following two efficiency standards PUC Section 99314. 6):
a) Efficiency Standard 1: An operator' s total operating cost per vehicle revenue hour for the most recent fiscal year must not exceed the prior year' s operating cost per revenue vehicle hours, by a percentage greater than the percentage change in the Consumer Price Index( CPI) for the same period.
b) Efficiency Standard 2: An operator' s total operating cost per vehicle revenue hour for the most recent fiscal year must not exceed the average total operating cost per vehicle revenue hour for the three prior years, increased by the average percentage change in the CPI for the same period.
Refer to PUC Section 99314. 6)
14) Consistencv with Bicvcle Plan( required for bicycle claims only) Claimant certifies that all of the purposes for claim expenditures are in conformance with the City/ Town or County bicycle plan.
15) Part- Time Emplovees( Applies only to claims for STA) Claimant certifies that it is not precluded by any contract entered into on or after June 28, 1979, from employing part-time drivers or contracting with common carriers of persons Operating under a franchise or license. Claimant further certifies that no person who was a Full- time employee on June 28, 1979, shall have his/ her employment terminated or his/ her Regular hours of employment, excluding overtime, reduced as a result of it employing part-time drivers or contracting with such common carriers.
99 100
ITEM 4. 11
CITY MANAGER' S REPORT
7UNE 13, 2022 CITY COUNCIL REGULAR MEETING
ITEM: AUTHORIZE AD7USTMENT TO THE REPUBLIC
SERVICES SOLID WASTE COLLECTION RATES FOR
FISCAL YEAR 2022- 2023
RECOMMENDATION: Adopt Resolution Authorizing an Increase to Republic Services Collection Rates Based on the
Consumer Price Index for San Francisco- OaklandSan 7ose for All Urban Consumers for Fiscal Year 2022- 2023
SUMMARY:
The City of Lathrop is responsible for the collection and the transport of solid waste within City limits. Since 2003, the City has contracted for these services with Lathrop Sunrise Sanitation, now doing business as Republic Services. The Agreement between the City of Lathrop and Republic Services allows for an annual rate adjustment based on the Consumer Price Index for All Urban Consumers ( CPI- U) for the San Francisco- Oakland- San Jose, California area, not to exceed 4. 0%.
On April 4, 2022, Republic Services submitted their annual CPI- U adjustment for commercial and residential rates. The current index is 5. 2% for the upcoming fiscal year beginning July 1, 2022 and is above the maximum threshold established in their contract of 4. 0%. The annual CPI- U increase of 4% would apply to all customer classes and amounts to approximately $ 90, 000.
As part of the established consumer rates, Republic Services collects a franchise fee from all customers to cover the cost of state mandated solid waste outreach.
Franchise fees are remitted to the City and staff uses those funds to maintain compliance with state regulations.
If approved, this item will adjust the annual CPI- U by 4% for the upcoming fiscal year beginning July 1, 2022 in accordance with the contract terms.
BACKGROUND:
The Lathrop Municipal Code Section 8. 16. 090 gives the City the exclusive right and duty to collect and transport solid waste or provide for the collection and transportation thereof within the City limits under such terms and conditions, as it deems necessary for the public health, safety and well- being, and it may contract for the provision of those services.
On October 21, 2003, City Council approved an Agreement between the City of Lathrop and Lathrop Sunrise Sanitation ( Agreement), now doing business as Republic Services, to provide the necessary collection, transportation and disposal of solid waste generated within the City limit and for compliance with the source reduction and recycling elements of the City' s Waste Management Plan. 101
CITY MANAGER' S REPORT PAGE 2
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING
REPUBLIC SERVICES CPI- U ADJUSTMENT FOR FY 2022- 2023
On June 2, 2009, City Council approved Amendment No. 1 to the Agreement with Republic Services extending the contract term for an additional 5 years to June 30, 2014.
On June 2, 2014, City Council approved Amendment No. 2 to the Agreement with Republic Services extending the contract term for an additional 5 years to June 30, 2019.
On June 10, 2019, City Council approved Amendment No. 3 to the Agreement with Republic Services extending the contract term for an additional 5 years to June 30, 2024 with renewable language clause and rate increase adjustment.
Lathrop Municipal Code Section 8. 16. 170 and Section 26 of the Agreement provide the City Council shall determine the maximum solid waste collection rates.
Section 25 of the Agreement also provides collection rates shall be reviewed annually and any adjustment to the maximum solid waste collection rates is to be based on the Consumer Price Index for All Urban Consumers ( CPI- U) for the San FranciscoOakland- San Jose, California area, not to exceed 4. 0%.
For the 2021- 2022 fiscal year there was no rate adjustment for senior Citizen rates.
On April 4, 2022, staff received a request from Republic Services to adjust their commercial and residential rates. The proposed 4% increase is based on the annual CPI- U 5. 2% percentage change over the last year, ending February 1, 2022. The increase would apply to all customer classes effective on July 1, 2022. 102
CITY MANAGER' S REPORT PAGE 3
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING
REPUBLIC SERVICES CPI- U AD7USTMENT FOR FY 2022- 2023
The maximum allowable rate request is as follows:
STANDARD RESIDENTIAL RATES:
Small - 30 al 35. 74 37. 17 1. 43
Medium - 60 al 38. 50 40. 04 1. 54
Lar e - 90 al 43. 71 45. 46 1. 75
SENIOR RESIDENTIAL RATES:
i
Small - 30 al 26. 60 27. 66 1. 06
Medium - 60 al 28. 57 29. 71 1. 14
Lar e - 90 al 32. 24 33. 53 1. 29
MOBILE HOME/ TRAILER PARK RATES:
Small - 30 al 29. 88 31. 08 1. 20
Medium - 60 al 30. 47 31. 69 1. 22
Lar e - 90 al 35. 06 36. 46 1. 40
SENIOR MOBILE HOME/ TRAILER PARK RATES;
Small - 30 al 22. 42 23. 32 0. 90
Medium - 60 al 22. 83 23. 74 0. 91
Lar e - 90 al 26. 12 27. 16 1. 04
COMMERCIAL RATES - CURRENT RATES:
1 Cu. Yd $ 90. 27 $ 137. 58 $ 184. 84 $ 232. 06 $ 279. 34 100 Ibs. 2 Cu. Yd 116. 06 178. 28 244. 87 302. 76 364. 98 200 Ibs. 3 Cu. Yd 147. 17 235. 13 339. 21 463. 01 586. 91 350 Ibs. 4 Cu. Yd $ 183. 64 $ 302. 76 $ 467. 53 $ 632. 39 $ 794. 23 400 Ibs. 5 Cu. Yd $ 227. 32 $ 436. 73 $ 646. 14 $ 855. 55 $ 1065. 00 600 Ibs. 6 Cu. Yd $ 269. 52 $ 525. 88 $ 782. 58 $ 1039. 22 $ 1, 295. 91 650 Ibs.
L . Cart $ 37. 85 N/ A N/ A N/ A N/ A N/ A
103
CITY MANAGER' S REPORT PAGE 4
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING
REPUBLIC SERVICES CPI- U ADJUSTMENT FOR FY 2022- 2023
COMMERCIAL RATES - PROSED RATES:
s -
1 Cu. Yd $ 93. 88 $ 143. 08 $ 192. 23 $ 241. 34 $ 290. 51 100 Ibs. 2 Cu. Yd $ 120. 70 $ 185. 41 $ 254. 66 $ 314. 87 $ 379. 58 200 Ibs. 3 Cu. Yd $ 153. 03 $ 244. 54 $ 352. 78 $ 481. 53 $ 610. 39 350 Ibs. 4 Cu. Yd $ 190. 99 $ 314. 87 $ 486. 23 $ 657. 69 $ 826. 00 400 Ibs. 5 Cu. Yd $ 236. 41 $ 454. 20 $ 671. 99 $889. 77 $ 1, 080. 79 600 Ibs. 6 Cu. Yd 280. 30 546. 92 813. 88 1080. 79 1 347. 75 650 Ibs.
L . Cart $ 40. 00 N/ A N/ A N/ A N/ A N/ A
Weights in excess of these maximum amounts per bin per pick up will be charged an additional $ 8. 00 per extra 100 pounds.
FISCAL IMPACT:
No fiscal impact at this time. However, pursuant to Section 27 of the Agreement between the City of Lathrop and Lathrop Sunrise Sanitation, now doing business as Republic Services, and Lathrop Municipal Code Section 8. 16. 180, Republic Services shall remit to the City of Lathrop a Franchise Fee of seven ( 7%) percent and a AB939 Recycling Fee of three ( 3%) percent of the gross revenue collected within ten ( 10) days following the completion of each calendar month.
ATTACH M E NT:
A. Resolution Authorizing an Increase to Republic Services Collection Rates Based on the Consumer Price Index for San Francisco- Oakland- San Jose for All Urban Consumers for Fiscal Year 2022- 2023
B. Lett:er from Republic Services dated April 4, 2022
104
CITY MANAGER' S REPORT PAGE 5
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING
REPUBLIC SERVICES CPI- U ADJUSTMENT FOR FY 2022- 2023
APPROVALS:
C
W ' U'''
Melissa Stathakopoul s Date
Recreation Manager
2O ZZ.
Tod Se ian Date
Director of Parks, Recreation
Maintenance Services
r
d a a- u` U l
Cari Jam es Date
Finance Dir ctor
zo z L
Salvador Navarrete Date
City Attorney
o' 8•? j
St n J. Salvatore Date
City Manager
105
RESOLUTION NO. 22 —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
AUTHORIZING AN INCREASE TO REPUBLIC SERVICES COLLECTION RATES BASED ON THE CONSUMER PRICE INDEX FOR SAN FRANCISCO- OAKLANDSAN JOSE FOR ALL URBAN CONSUMERS FOR FISCAL YEAR 2022- 2023 WHEREAS, on October 21, 2003, City Council approved an Agreement between the City of Lathrop and Lathrop Sunrise Sanitation ( Agreement), now doing business as Republic Services, to provide the necessary collection, transportation and disposal of solid waste generated within the City limit and for compliance with the source reduction and recycling elements of the City' s Waste Management Plan; and WHEREAS, on June 2, 2009, City Council approved Amendment No. 1 to the Agreement with Republic Services extending the contract term for an additional 5 years to June 30, 2014; and
WHEREAS, on June 2, 2014 City Council approved Amendment No. 2 to the Agreement with Republic Services extending the contract term for an additional 5 years to June 30, 2019; and
WHEREAS, on June 10, 2019, City Council approved Amendment No. 3 to the Agreement with Republic Services extending the contract term for an additional 5 years to June 30, 2024 with renewable language clause and rate increase adjustment; and
WHEREAS, Lathrop Municipal Code Section 8. 16. 170 and Section 26 of the original Agreement provide the City Council shall determine the maximum solid waste collection rates; and
WHEREAS, Section 26 of the Agreement also provides collection rates shall be reviewed annually and any adjustment to the maximum solid waste collection rates is ta be based on the Consumer Price Index for All Urban Consumers ( CPI- U) for the San Francisco- Oakland- San ) ose, California area, not to exceed 4. 0%; and WHEREAS, on April 4, 2022, staff received a request from Republic Services to adjust their commercial and residential rates pursuant to Section 26 of the Agreement; and
WHEAREAS, there was no rate adjustment for senior citizen rates for Fiscal Year 21- 22; and
WHEREAS, the current index is 5. 2% for the upcoming fiscal year beginning July 1, 2022 and is above the maximum threshold established in their contract of
4. 0%; and
106
WHEREAS, the annual CPI- U increase of 4% would apply to all other customer rates; and
WHEREAS, as part of the established consumer rates, Republic Services collects a franchise fee from all customers to cover the cost of state mandated solid waste outreach and franchise fees are remitted to the City and staff uses those funds to maintain compliance with state regulations; and
WHEREAS, pursuant to Section 27 of the Agreement between the City of Lathrop and Republic Services and Lathrop Municipal Code Section 8. 16. 180 Republic Services shall remit to the City of Lathrop a Franchise Fee of seven ( 7%) percent and a AB939 Recycling Fee of three ( 3%) percent of the gross revenue collected within ten ( 10) days following the completion of each calendar month; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop herbey authorizes to the extent that the solid waste hauler gives notice pursuant to Section 26 of the Agreement, and pursuant to Lathrop Municipal Code Section 8. 16. 170, the City' s franchised solid waste hauler shall not be permitted to charge fees any higher than specified for each customer type listed:
The maximum allowable rate request is as follows:
STANDARD RESIDENTIAL RATES:
Small — 30 al 35. 74 37. 17 1. 43
Medium — 60 al 38. 50 40. 04 1. 54
Lar e — 90 al 43. 71 45. 46 1. 75
SENIOR RESIDENTIAL RATES:
i - - -
Small — 30 al 26. 60 27. 66 1. 06
Medium — 60 al 28. 57 29. 71 1. 14
Lar e — 90 al 32. 24 33. 53 1. 29
MOBILE HOME/ TRAILER PARK RATES:
i - -
Small - 30 al 29. 88 31. 08 1. 20
Medium - 60 al 30. 47 31. 69 1. 22
Lar e - 90 al 35. 06 36. 46 1. 40
107
SENIOR MOBILE HOME/ TRAILER PARK RATES:
r - . - ' , r - - -
Small - 30 al 22. 42 23. 32 0. 90
Medium - 60 al 22. 83 23. 74 0. 91
Lar e - 90 al 26. 12 27. 16 1. 04
COMMERCIAL RATES - CURRENT RATES:
1 Cu. Yd $ 90. 27 $ 137. 58 $ 184. 84 $ 232. 06 $ 279. 34 100 Ibs. 2 Cu. Yd 116. 06 178. 28 244. 87 302. 76 364. 98 200 Ibs. 3 Cu. Yd 147. 17 235. 13 339. 21 463. 01 586. 91 350 Ibs. 4 Cu. Yd $ 183. 64 $ 302. 76 $ 467. 53 $ 632. 39 $ 794. 23 400 Ibs. 5 Cu. Yd $ 227. 32 $ 436. 73 $ 646. 14 $ 855. 55 $ 1065. 00 600 Ibs. 6 Cu. Yd $ 269. 52 $ 525. 88 $ 782. 58 $ 1039. 22 $ 1, 295. 91 650 Ibs.
L . Cart $ 37. 85 N/ A N/ A N/ A N/ A N/ A
COMMERCIAL RATES - PROSED RATES:
1 Cu. Yd 93. 88 143. 08 192. 23 241. 34 290. 51 100 Ibs. 2 Cu. Yd 120. 70 185. 41 254. 66 314. 87 379. 58 200 Ibs. 3 Cu. Yd $ 153. 03 $ 244. 54 $ 352. 78 $ 481. 53 $ 610. 39 350 Ibs. 4 Cu. Yd $ 190. 99 $ 314. 87 $ 486. 23 $ 657. 69 $ 826. 00 400 Ibs. 5 Cu. Yd $ 236. 41 $ 454. 20 $ 671. 99 $ 889. 77 $ 1, 080. 79 600 Ibs. 6 Cu. Yd $ 280. 30 $ 546. 92 $ 813. 88 $ 1080. 79 $ 1, 347. 75 650 Ibs.
L . Cart $ 40. 00 N/ A N/ A N/ A N/ A N/ A
Weights in excess of these maximum amounts per bin per pick up will be charged an additional $ 8. 00 per extra 100 pounds.
108
The foregoing resolution was passed and adopted this 13t" day of June 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 109
ATTACHMENT " J "
1 1 ` . r r er` ; t;. i ' 70c
R lU %=( t `.) ZTZ) 1 = f> > 1. i1 ( ( Jr^il titl`JICES. C41; 1 SERV7CFS
April 4, 2022
Teresa Vargas
City of Lathrop
390 Towne Centre Dr.
Lathrop, CA 95330
Dear Ms. Vargas,
Pursuant to Section 26 of the " Agreement Between the City of Lathrop and Lathrop Sunrise Sanitation Corporation" the collection rates shall be reviewed annually during the month of May and adjusted effective July 1. The agreement allows for an adjustment based on the prior year change in the Consumer Price Index for the San Francisco- Oakland-San Jose, all urban consumer as published by the United States Department of Labor, Bureau of Labor Statistics. The change in the CPI for the period February 1, 2021 through February 1, 2022 was 5. 2%. Per Section 26 " Any CPI rate adjustment in any given year shall not exceed 4%." Therefore, the calculation of the change in CFI rate adjustment for the prior year has been adjusted to 4%.
Attached please find the proposed new collection rates effective July 1, 2022 with the 4% CPI rate adjustment. Thank you for the continued confidence in Republic Services of Lathrop, as always we will continue to strive to provide professional solid waste services. Should you have any questions, please do not hesitate to call me at( 209) 547- 7531.
Sincerely,
Republic Services of Lathrop
1/ j
jV'
f
Molly Gomez
Municipal Manager
Enclosure
110
R
REPUBL/ C'
SERV/CES
Lathrop Sunrise Sanitation Rates Effective 8/ 1/ 21 ( Current) 2 YD 11 b.06 178. 2$ 244. 87 302. 76 364. 98
1 4 YD 183. 64 302. 76 467. 53 632. 39 794. 23
1. 1
6 YD 269. 52 525. 88 782. 58 1, 039. 22 1, 295. 91
Residential S ervice Weekly Recycling and Green Waste
1 •
60 gallon 38. 50 28. 57 30. 47 22. 83
Lathrop Sunrise Sanitation Rates Effective 7/ 1/ 2022
2 YD 120. 70 185. 41 254. 66 314. 87 379. 58
1 •
4 YD 190. 99 314. 87 486. 23 657. 69 826. 00
6 YD 280. 30 546. 92 813. 88 1, Q8Q. 79 1, 347. 75
11 Ftesidential SE rvice Weekly Recycling and Green Waste 60 gallon 40.Q4 29. 71 31. 69 23. 74
Weights in excess€ f
these tnaximurrr amounts per bin per pick up wilt be charged an additiona!$ S. Qt1 per e.rtra IQ(1 pounds. 111
112
ITEM 4. 12
CITY MANAGER' S REPORT
UNE 13, 2022 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR THE
MOSSDALE LANDING APARTMENTS IN THE
MOSSDALE VILLAGE AND MOSSDALE LANDING
SPECIFIC PLANS FROM MOSSDALE LANDING
OWNER, LLC
RECOMMENDATION: Adopt Resolution Accepting Public Improvements for the Mossdale Landing Apartments in the Mossdale
Village and Mossdale Landing Specific Plans from
Mossdale Landing Owner, LLC and Release of
Performance and Labor & Material Bonds
SUMMARY:
Mossdale Landing Owner, LLC, the developer of the Mossdale Landing Apartments, has competed the construction of the public improvements listed in the GASB 34 report included in Attachment " C", in accordance with their Offsite Improvement Agreement. The improvements listed in the GASB 34 report have been inspected by City staff to ensure conformance with the approved plans. A vicinity map for the Mossdale Landing Apartments is included as Attachment " B".
Mossdale Landing Owner, LLC has provided a one- year warranty bond based on 10% of the completed improvement construction cost and lien releases for the improvements being accepted. Staff recommends that City Council accept the Public Improvements for the Mossdale Landing Apartments listed in Attachment C" and release Performance and Labor & Material Bonds.
BACKGROUND:
In 2006, the General Plan, West Lathrop Specific Plan, the Zoning Map, and Mossdale Landing East and South UDCs were amended to change the land use designation for the subject property from Service Commercial to High- Density Residential. On February 28, 2007, the Planning Commission approved Site Plan Review Application No. 07- 07 for the development of a 208- unit multi- family apartment complex project at 18007 Manthey Road on a 9. 02- acre site northerly of Sadler Oak Drive between Manthey Road and Golden Valley Parkway.
On June 28, 2016, the Planning Commission approved Minor Site Plan Review ( MSPR) No. 14- 34. This approval allowed for the modification of the original site plan. The modifications include replacing the garages with carports, reducing the number of buildings from 11 to 10, reducing the number of apartment units from 208 to 204, modifying the sound wall location, modifying setbacks, and a slight modification to the site layout.
113
CITY MANAGER' S REPORT PAGE 2
7UNE 13, 2022 CITY COUNCIL REGULAR MEETING
ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR THE MOSSDALE LANDING
APARTMENTS IN THE MOSSDALE VILLAGE AND MOSSDALE LANDING
SPECIFIC PLANS FROM MOSSDALE LANDING OWNER, LLC
On January 12, 2016, Ramona Chase, LLC, as the owner of the Project and other reai property entered into an agreement with City referred to as the Global Resolution which provides resolutions and clarifications to the responsibilities of the Project and the other real property, including but not limited to offsite improvements, sewer and water capacity, capital facility fee credits, and release of deferred frontage improvement agreements. The Owner sold the Project shortly after the approval of MSPR 14- 34 and all responsibilities set forth by the Conditions of Approval and the Global Resolution associated with the Project were transferred with the sale. Mossdale Landing Owner, LLC is the current owner of the project, therefore all responsibilities have been transferred to them.
As required by the City' s ordinance, the approved project included an Offsite Improvement Agreement, dated January 11, 2021, to guarantee certain public improvements associated with the Mossdale Landing Apartments. Completion of the public improvements listed in the GASB 34 Report fulfills the associated obligations of the Offsite Improvement Agreement. The bond values and numbers are detailed in Table 1 below. Staff requests Council approve the release of the Performance and Labor & Materials Bonds and their replacement with the one- year warranty Bond.
Table 1 — Bond Details
Performance Bond Labor & Materials Bond Warranty Bond
Number/ Value Number/ Value Number/ Value
0544826 / $ 2, 128, 400 0544826 / $ 1, 064, 200
0544826 /
212, 840
REASON FOR RECOMMENDATION:
City staff has inspected the offsite improvements for the Mossdale Apartments and confirmed that the improvements have been completed in accordance with City specifications. Mossdale Landing Owner, LLC has submitted lien releases for the improvements being accepted. Staff has received the one- year warranty bonds and as- built drawings for said improvements. Staff recommends Council accept the improvements.
FISCAL IMPACT:
The City' s maintenance costs will increase because of the additional improvements that have to be maintained. The City' s Service Maintenance CFD 2004- 01 has been established to help fund City maintenance and operating costs. 114
CITY MANAGER' S REPORT PAGE 3
UNE 13, 2022 CITY COUNCIL REGULAR MEETING
ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR THE MOSSDALE LANDING
APARTMENTS IN THE MOSSDALE VILLAGE AND MOSSDALE LANDING
SPECIFIC PLANS FROM MOSSDALE LANDING OWNER, LLC
The one- year 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.
ATTACH M ENTS:
A. Resolution Accepting Public Improvements for Mossdale Landing Apartments in the Mossdale Village and Mossdale Landing Specific Plans from Mossdale Landing Owner, LLC and Release of Performance and Labor Material Bonds
B. Vicinity Map
C. GASB 34 Report
115
CITY MANAGER' S REPORT PAGE 4
UNE 13, 2022 CITY COUNCIL REGULAR MEETING
ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR THE MOSSDALE LANDING
APARTMENTS IN THE MOSSDALE VILLAGE AND MOSSDALE LANDING
SPECIFIC PLANS FROM MOSSDALE LANDING OWNER, LLC
APPROVALS:
02Z
Bra aylor Date
Land Development Manager
l-G—• --- C- z- Zozz
Michael King Date
Assistant City Manager
I 2 2
Glenn Gebhardt Date
City Engineer
c- CCari Jame Date
Finance D ector
r Z--
Salva or Navarrete Date
City Attorney
p•? • ZZ
Ste en J. Salvatore Date
City Manager
116
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING
PUBLIC IMPROVEMENTS FOR THE MOSSDALE LANDING APARTMENTS IN
THE MOSSDALE VILLAGE AND MOSSDALE LANDING SPECIFIC PLANS FROM
MOSSDALE LANDING OWNER, LLC AND RELEASE OF PERFORMANCE AND
LABOR & MATERIAL BONDS
WHEREAS, in 2006, the General Plan, West Lathrop Specific Plan, the Zoning Map and Mossdale Landing East and South UDCs were amended to change the land use designation for the subject property from Service Commercial to High Density Residential; and
WHEREAS, on February 28, 2007, the Planning Commission approved Site Plan Review Application No. 07- 07 for the development of a 208- unit multi- family apartment complex project at 18007 Manthey Road on a 9. 02- acre site northerly of Sadler Oak Drive between Manthey Road and Golden Valley Parkway; and WHEREAS, on June 28, 2016, the Planning Commission approved Minor Site Pfan Review ( MSPR) No. 14- 34. This approval allowed for the modification of the original site plan. The modifications include replacing the garages with carports, reducing the number of buildings from 11 to 10, reducing the number of apartment units from 208 to 204, modifying the sound wall location, modifying setbacks, and a slight modification to the site layout; and
WHEREAS, on January 12, 2016, Ramona Chase, LLC, as the owner of the Project and other real property entered into an agreement with City referred to as the Global Resolution which provides resolutions and clarifications to the responsibilities of the Project and the other real property, including but not limited to offsite improvements, sewer and water capacity, capital facility fee credits, and release of deferred frontage improvement agreements. The owner sold the Project shortly after the approval of MSPR 14- 34 and all responsibilities set forth by the Conditions of Approval and the Global Resolution associated with the Project were transferred with the sale. Mossdale Landing Owner, LLC is the current owner of the project, therefore all responsibilities have been transferred to them; and WHEREAS, required by the City' s ordinance, the approved project included an Offsite Improvement Agreement, dated January 11, 2021 to guarantee certain public improvements associated with the Mossdale Landing Apartments; and WHEREAS, completion of the public improvements listed in the GASB 34 Report fulfills the associated obligations of the Offsite Improvement Agreement. The bond values and numbers are detailed in Table 1 below. Staff request Council approve the release of the Performance and Labor & Materials Bonds and their replacement with the one- year warranty bond; and
117
Table 1 — Bond Details
Performance Bond Labor & Materials Bond Warranty Bond
Number/ Value Number/ Value Number/ Value
0544826 / $ 2, 128, 400 0544826 / $ 1, 064, 200 0544826 / $ 212, 840 WHEREAS, Mossdale Landing Owner, LLC has submitted lien releases for the improvements proposed for acceptance, a one- year warranty bond, and the as- built drawings; and
WHEREAS, the City' s maintenance costs will increase because of the additional improvements that have to be maintained. The City' s Service Maintenance CFD 2004- 01 has been established to help fund City maintenance and operating costs. 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 for the completed improvements.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop accepts the public improvements detailed on the GASB 34 Report, attached to the staff report that accompanied this resolution, for the Mossdale Landing Apartments from Mossdale Landing Owner, LLC and authorizes the release of Performance and Labor & Material Bonds.
118
The foregoing resolution was passed and adopted this 13th day of June 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas Salvador Navarrete
City Clerk City Attorney
119
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120
ATTACHMENT C
CITY Of LATHROP
PROJECTACCEPTANCE
GA58 34 REPORT)
Submitted by: Rubik Built: Seth Parker- Controller Date: 5/ 11/ 2022 Tract No.: Mossdale Landing Apartments- 18149 Manthey Road, Lathrop, CA 95330( 3 Lots- 18007, 18149, 18250)
GOLDEN VALLEY PARKWAY
Item Description Unit gyt Unit Price Amount
A GRADING
1 Earthwork( cur) CV 2700 S 37. 89 $ 102, 303. 00
2 Import CY 16596 $ 1. 05 $ 17, 425. 80
UB- TOTAL $ 119, 728. 80
B STREETWORK
1 FineGrading( so k- oJ-worktoedqeoJaa eme t) SF 116200 $ 122 $ 141, 764. 00 2 7" Asphalt Concrete Paving SF 63760 $ 3. 16 $ 201, 481. 60 3 13" Aggregate Base SF 63760 $ 3. 08 $ 196, 380. 80
4 Vertical Curb& Gutter cry iorn. oPsrandordoeroiirt- s) LF 3833 $ 15. 00 $ 57, 495. 00 5 Sidewalk( cityofLathrop5tandardDetailR- 7e) SF 30650 $ 6. 30 $ 193, 095. 00 6 Handicap Ramps EA 2 $ 3, 000.00 $ 6, 000. 00
7 Signing& Striping- Golden Valley Parkway LS 1 $ 61, 434. 12 $ 61, 434. 12 g Driveway( Commettial) pndudedinsidewalkJ EA 1 $ 600. 00 $ 600. 00 SUB- TOTAL $ 858, 250. 52
C STORM DRAIN
1 CUrbinlet( Typel, CiryojLothrap5tondardDe[ ailD- 7J EA 10 $ 3, 500. 00 $ 35, 000.00 2 Manhole/ ryPe, cryofLathrop5tandordDetoilD- 10) EA 6 $ 6, 000. 00 $ 36, 000. 00 3 15" Class III RCP Storm Drain Line LF 400 $ 75. 00 $ 30, 000. 00 4 18" Class III RCP Storm Drain Line LF 840 $ 85.00 $ 71, 400. 00 5 30" Class 111 RCP Storm Drain Line SF 580 $ 105. 00 $ 60, 900. 00 6 Connect to Existing Storm Drain EA 2 $ 1, 140. 00 $ 2, 280.00 SU8- TOTAL $ 235, 580. 00
D POTABLE WATER
1 Fire Hydrant( IncludesGateVolve) EA 7 $ 4, 500. 00 $ 31, 500.00 2 6" PVC Water Line LF 282 $ 30. 00 $ 8, 460. 00
3 6" Water Valve EA 1 $ 483. 00 $ 483. 00
4 12" Water Valve EA 1 $ 945. 00 $ 945.00
5 8" Water Valve EA 2 $ 695. 00 $ 1, 390. 00
6 8" PVC Water Line LF 42 $ 41. 00 $ 1, 722. 00
7 Connect to Existing Water Main EA 9 $ 500.00 $ 4, 500. 00 8 Locate 6 non- documented existing water valves and raise to asphalt level EA 6 $ 4, 845. 48 $ 29, 072. 88 9 Locate non- potable existing water valves and raise to asphalt level EA 2 $ 2, 928. 94 $ 5, 857. 88 SUB- TOTAL $ 83, 93076
D SANITARYSEWER
1 Manhole( rypei, ciryoJ orh opsm da. doeraiis- zJ EA 2 $ 4, 800. 00 $ 9, 600. 00 2 8" SDR- 35 PVC Pipe LF 70 $ 40. 00 $ 2, 800. 00
SUB- TOTAL $ 12, 400.00
E IOINTTRENCH/ SITE LIGHTING
1 Electroliers EA 9 $ 10, 620. 22 $ 95, 582. 00
2 Drop down existing AT& T Vaults not documented EA 5 $ 5, 134. 58 $ 25, 672. 90 SUB- TOTAL $ 121, 254. 90
F LANDSCAPE
1 Street Landscaping SF 54300 $ 413 $ 229, 423. 00
2 Irrigation Line/ Devites LS 1 $ 209, 577. 00 $ 209, 577. 00 SUB- TOTAL $ 439, 000. 00
G MISCELLANEOUS
1 Mobilization LS 1 $ 5, 000. 00 $ 5, 000. 00
1 Traffic Control LS 1 $ 10, 000. 00 $ 10, 000. 00
SUB- TOTAL $ 15, 000. 00
GOLDEN VALLEY PARKWAY SUB-TOTAL $ 1, 885, 144. 98
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121
MANTHEYROAD
Item Description Unit gyt Unit Price Amount
A DEMOLITION
1 Remove Existing Pavement, Street Signs,& Trees SF 19700 $ 1. 24 $ 24,450.00 SUB- TOTAL $ 24, 450. 00
B GRADING
1 Clearing, Grubbing,& Earthwork( cut) CY 200 $ 136. 05 $ 27, 210. 00 SUB- TOTAL $ 27, 210. 00
C STREETWORK
1 FineGrading( eock- oJ- waik oedqe) ao eme r) SF 43400 5 1. 22 $ 52, 948. 00 1 3. 5" Asphalt Concrete Paving SF 29800 $ 2. 25 $ 67, 050. 00 2 11" Aggregate Base SF 29800 $ 3. 08 $ 91,784.00
3 V2ftiCdlCUfb& Gutt2f CityofLathrop5tandordDemilR- 7B) LF 1200 $ 15. 00 $ 18, 000. 00 4 Sidewalk( CityoJLothrop5tandord0etailR- 7BJ SF 6000 $ 630 $ 37, 800. 00 5 Driveway EA 5 $ 600. 00 $ 3, 000.00
6 Signing& Striping- Manthey Road LS 1 $ 15, 410. 00 $ 15, 410. 00 SUB- TOTAL $ 285, 992. 00
D JOINTTRENCH
1 Electrollers, Underground Existing Overhead Lines LS 1 $ 32, 905. 20 $ 32, 905. 20 SUB- TOTAL $ 32, 905. 20
E STORM ORAIN
1 12" Storm Drain LF 54 $ 68. 00 $ 3, 672. 00
SUB- TOTAL $ 3, 672. 00
F LANDSCAPE
1 Landscaping, Connect to Existing Irrigation SF 5580 $ 8. 90 $ 49, 640. 00 2 Connect to Existing Irrigation LS 1 Included Above
SUB- TOTAL $ 49, 640. 00
G MISCELLANEOUS
1 Mobilization LS 1 $ 5, 000. 00 $ 5, 000. 00
2 Traffic Control LS 1 $ 2, 000. 00 $ 2, 000. 00
SUB- TOTAL $ 7, 000. 00
MANTHEY ROAD SUB- TOTAL $ 430,869. 20
SADLER OAK DRIVE . . . ... , ... . ,.
f , ,.,. .,_.,. , ._ . ,.. __
Item Description Unit gty Unit Price Amount
A DEMOLITION
1 Saw[ ut& Remove Existing AC Berm, Remove Existing Street Signs LF 400 $ 2. 63 $ 1, 050. 00 SUB-TOTAL $ 1, 050. 00
B GRADING
1 Earthwork( c r) CY 270 $ 72. 09 $ 19, 465.47
SUB- TOTAL $ 19, 465.47
C STREETWORK
1 FineGrading( Bock- o)- wolktoedgeofPovement) SF 5100 $ 1. 22 $ 6, 222. 00 2 3. 5" Asphalt Concrete Paving SF 4500 $ 2. 25 $ 10, 125. 00 3 11" Aggregate Base SF 4500 $ 3. 08 $ 13, 860. 00
4 VeftiCal CUfb& GUtter( cryofLothrop5tondordDetailFaB) LF 325 $ 14. 00 $ 4, 550.00 5 6" AC Berm Lf 80 $ 14. 19 $ 1, 135. 20
6 Signing& Striping- Sadler Oak Drive LS 1 $ 13, 861. 80 $ 13, 861. 80 7 Driveway( Commercial) EA 1 $ 600.00 $ 600. 00
8 Ramps EA 4 $ 300.00 $ 1, 200. 00
SUB- TOTAL $ 51, 554.00
D LANDSCAPE
1 Landscaping/ rvonhsdeo) so-eer) LS 1 $ 17, 800.00 $ ll,800. 00 SUB- TOTAL $ 17,800.00
SADLER OAK DRIVE SUB- TOTAL $ 89, 869. 47
r`, z „ . . ;. ,,. . . ., _, aw». -".- a .. . .... < ''....< „.;*; s'. .€. ..
TOTAL 2, 405, 883. 65
122
ITEM 4. 13
CITY MANAGER' S REPORT
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING
ITEM: CREATION OF CAPITAL IMPROVEMENT PROJECT PK
22- 44 INSTALLATION OF RUBBERIZED SURFACING,
AWARD OF A CONSTRUCTION CONTRACT AND
APPROVAL OF RELATED BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Approving the Creation of Capital Improvement Project PK 22- 44 Installation of
Rubberized Surfacing, Awarding a Construction
Contract to Frontline General Engineering
Construction, Inc., and Approving a Related Budget
Amendment
SUMMARY:
City Council requested staff to create a Capital Improvement Project for the replacement of existing engineered wood fiber with rubberized surfacing at Reflections, Somerston and Tidewater Parks and solicit bids for the construction of these public improvements.
Capital Improvement Project ( CIP) PK 22- 44 Installation of Rubberized Surfacing is proposed to provide rubberized surfacing for these three parks.
Staff prepared the specifications and improvement plans that were advertised for formal bid on May 16, 2022 in accordance with California Public Contract Code ( PCC) and Lathrop Municipal Code ( LMC).
A total of three ( 3) bids were received and opened by City Clerk on June 2, 2022.
Based on review and evaluation of the bids, the lowest responsive and responsible bidder was determined to be Frontline General Engineering Construction, Inc.
Frontline) with a bid of $ 440, 165.
Staff is requesting that City Council approve the creation of Capital Improvement Project ( CIP) PK 22- 44 Installation of Rubberized Surfacing and award a construction contract to Frontline for construction of the project in the amount of $440, 165 plus a 10% construction contingency in the amount of$ 44, 017 for a total cost not to exceed 484, 182.
Staff is also requesting City Council approve a related budget amendment transferring $ 484, 182 from the Measure C Fund ( 1060) to the CIP Project Fund 3010) to fund the construction costs.
123
CITY MANAGER' S REPORT PAGE 2
7UNE 13, 2022 CITY COUNCIL REGULAR MEETING
CREATION OF CAPITAL IMPROVEMENT PRO7ECT PK 22- 44 INSTALLATION
OF RUBBERIZED SURFACING, AWARD OF A CONSTRUCTION CONTRACT AND
APPROVAL OF RELATED BUDGET AMENDMENT
BACKGROUND:
City Council requested staff to replace the engineered wood fiber ( EWF) surfacing at Reflections, Somerston and Tidewater parks with pour- in- place rubberized recreational surfacing. EWF requires regular maintenance to " top off" and redistribute material to maintain adequate product depth for fall attenuation and for the removal of embedded litter. Rubberized surfacing also provides superior ADA accessibility to that of the EWF, only requires occasional cleaning, and is currently installed in City parks such as Moss, Sangalang and Mossdale Landing.
CIP PK 22- 44 Installation of Rubberized Surfacing is proposed to replace existing EWF playground surfacing with pour- in- place rubberized surfacing. Parks, Recreation and Maintenance staff have provided a unique 3- color design for each park' s surfacing to complement the existing play equipment.
Public Works staff prepared the specifications and improvement plans that were advertised for formal bid on May 16, 2022, in accordance with CA PCC 22032 and LMC 2. 36. 060. A total of three ( 3) bids were received, all determined to be responsive and responsible. The bid results are summarized in Table 1 below:
Tab/ e 1: Summary of Bid Resu/ ts
Contractor Total Bid
Frontline General En ineerin Construction, Inc. 440, 165 G& G Builders, Inc. 538, 543
Stockbrid e General Contractin , Inc. 569, 429
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is Frontline. Staff requests City Council adopt a resolution awarding a construction contract to Frontline General Engineering Construction for the amount of $ 440, 165. Staff also requests City Council authorize a 10% construction contingency of $44, 017 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 484, 182.
REASON FOR RECOMMENDATION:
The proposed project will provide each park with an updated appearance and a more accessible playground surface for park users. The creation of a Capital Improvement Project is necessary to fund and install the rubberized surfacing at the subject parks. 124
CITY MANAGER' S REPORT PAGE 3
7UNE 13, 2022 CITY COUNCIL REGULAR MEETING
CREATION OF CAPITAL IMPROVEMENT PROJECT PK 22- 44 INSTALLATION
OF RUBBERIZED SURFACING, AWARD OF A CONSTRUCTION CONTRACT AND
APPROVAL OF RELATED BUDGET AMENDMENT
FISCAL IMPACT:
Funding for this proposed project is available from the Measure C Fund ( 1060). Staff requests City Council approve a related budget amendment to transfer $ 484, 182 from the Measure C Fund ( 1060) to the CIP Project Fund ( 3010) as follows:
Increase Transfer Out
1060- 9900- 990- 9010 484, 182
Increase Transfer In
3010- 9900- 393- 0000 CIP PK 22- 44 484, 182
Increase Ap ropriation
3010- 9900- 393- 0000 CIP PK 22- 44 484, 182
ATTACHMENTS:
A. Resolution Approving the Creation of Capital Improvement Project PK 22- 44, Installation of Rubberized Surfacing, Awarding a Construction Contract to Frontline General Engineering Construction, Inc., and Approving Related Budget Amendment
B. Contract with Frontline General Engineering Construction, Inc. for construction of CIP PK 22- 44, Installation of Rubberized Surfacing
C. Location Map
125
CITY MANAGER' S REPORT PAGE 4
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING
CREATION OF CAPITAL IMPROVEMENT PROJECT PK 22- 44 INSTALLATION
OF RUBBERIZED SURFACING, AWARD OF A CONSTRUCTION CONTRACT AND
APPROVAL OF RELATED BUDGET AMENDMENT
APPROVALS:
22 To d Se ian Date
Director of Parks, Recreation &
Maintenance Services
Co- 7- ZoZ2
Michael King Date
Assistant City Manager
a-----
Cari Jam Date
Director Finance
7- t z-Z.
Salvador Navarrete Date
City Attorney
p'$• L2
S p
en J. Salvatore Date
City Manager
126
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE CREATION OF CAPITAL IMPROVEMENT PROJECT PK 22- 44
INSTALLATION OF RUBBERIZED SURFACING, AWARDING A
CONSTRUCTION CONTRACT TO FRONTLINE GENERAL ENGINEERING
CONSTRUCTION, INC., AND APPROVING A RELATED BUDGET AMENDMENT WHEREAS, City Council requested stafF to create a Capital Improvement Project for the replacement of existing engineered wood fiber with rubberized surfacing at Reflections, Somerston and Tidewater Parks and solicit bids for the construction of these public improvements; and
WHEREAS, Capital Improvement Project ( CIP) PK 22- 44, Installation of Rubberized Surfacing is proposed to provide rubberized surfacing for these three parks; and
WHEREAS, Public Works staff prepared the specifications and improvement plans that were advertised for formal bid on May 16, 2022 in accordance with California Public Contract Code ( PCC) and Lathrop Municipal Code ( LMC); and WHEREAS, a total of two ( 3) bids were received and opened by City Clerk on June 2, 2022; and
WHEREAS, based on review and evaluation of the bids, the lowest responsive and responsible bidder was determined to be Frontline General Engineering Construction, Inc. ( Frontline) with a bid of $ 440, 165; and WHEREAS, staff is requesting that City Council approve the creation of CIP PK 22- 44 Installation of Rubberized Surfacing and award a construction contract to Frontline for construction of the proposed project in the amount of $ 440, 165 plus a 10% construction contingency in the amount of $44, 017 for a total cost not to exceed $ 484, 182; and
WHEREAS, to support the construction costs, staff is also requesting City Council approve a related budget amendment transferring funds from the Measure C Fund ( 1060) to the CIP Project Fund ( 3010) as follows:
Increase Transfer Out
1060- 9900- 990- 9010 484, 182
Increase Transfer In
3010- 9900- 393- 0000 CIP PK 22- 44 484, 182
Increase Appropriation
3010- 9900- 393- 0000 CIP PK 22- 44 484, 182
127
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the creation of Capital Improvement Project ( CIP) PK 22- 44 Installation of Rubberized Surfacing and the award of a contract to Frontline General Engineering Construction, Inc. for construction of the proposed project in the amount of $440, 165;
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 10% construction contingency in the amount of $44, 017 for a total cost not to exceed $ 484, 182, and authorizes stafF to spend up to this amount as necessary to accomplish the goals of the project; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a related budget amendment transferring $ 484, 182 from the Measure C Fund ( 1060) to the CIP Project Fund ( 3010) to support the project construction costs.
128
The foregoing resolution was passed and adopted this 13th day of June 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 129
SECTION 00500
INSTALLATION OF RUBBERIZED SUFACING CONTRACT
CIP PK 22- 44
CONTRACT
This Contract, dated June 13, 2022, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Frontline General Construction, Inc., Contractor), whose Taxpayer ldentification Number is
For and in consideration ofthe following covenants, terms and conditions, City and Contractor( the parties) agree:
1. 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, ifno 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 Installation of Rubberized Surfacing, CIP PK 22- 44 ( 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 ofthis Contract to the satisfaction of City. The Project and Work is generally described as follows:
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 of engineered wood fiber, demolition and removal of concrete ramps, and installation of aggregate base and pourin-place rubberized recreational surfacing.
The work shall be completed within 50 working days following issuance ofNotice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown ar 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 work actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: 440, 165 ( Four Aundred Forty Thousand One Hundred Sixtv Five Dollars
3. Construction Documents. This Contract shall include the Construction Documents which are on file with Public Works Department and are hereby incorporated by reference ( i.e. Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by Frontline General Construction, Inc. on June 2, 2022. For the purposes of construing, interpreting and resolving inconsistencies between the provisions ofthis Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
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 00500- 1
130
SECTION 00500
INSTALLATION OF RUBBERIZED SUFACING CONTRACT
CIP PK 22- 44
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 ofinsurance 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 behalf.
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 ofpersons or damage to property as a result ofthe willful or negligent act or omission ofContractor, or which results from Contractor' s noncompliance with any Law respecting the condition, use, occupation or safety ofthe Proj ect 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 ofor failure to perform the terms and conditions ofthis 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, ar 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 ar omission of City or any ofits 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 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 ofthis 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 00500- 2
131
SECTION 00500
INSTALLATION OF RUBBERIZED SUFACING CONTRACT
CIP PK 22- 44
provision of all recorded documents affecting the Project site, insofar as any are required by reason ofthe use or occupancy ofthe Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNTI' DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation ofthe Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance ofthe Work by the Contractor and all Subcontractors of any tier. The failure ofthe 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 ongoing obligation ofthe 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 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 of the 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 00500- 3
132
SECTION 00500
INSTALLATION OF RUBBERIZED SUFACING CONTRACT
CIP PK 22- 44
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 CTTY' 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 to the following:
a) Contractar 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 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 thereof. 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. If the 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 ofApprenticeship Standards, or the division 00500- 4
133
SECTION 00500
INSTALLATION OF RUBBERIZED SUFACING CONTRACT
CIP PK 22- 44
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 CTTY of the location of the records enumerated under subdivision( a), including the street address, city, and county, and shall, within( 5) warking days, provide a notice of a change of location and address.
fl 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 CTTY for each calendar day, or portion thereof, for each worker, until strict 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 equipment 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 ofthe 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 priar 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 conect at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, ar 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;
00500- 5
134
SECTION 00500
INSTALLATION OF RUBBERIZED SUFACING CONTRACT
CIP PK 22- 44
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; 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 Proj ect 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 Proj ect site.
12. Assignment. 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.
13. 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 bv CitX. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this 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.
15. 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( 1) 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 ofthe 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- 6
135
SECTION 00500
INSTALLATION OF RUBBERIZED SUFACINC CONTRACT
C[ P PK 22- 44
To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
To City: 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: Frontline General En ineering Construction, Inc.
Mailing Address: 1663 Ray Wise Lane, Tracv, CA 95376
Phone: 510) 520- 2464
Email:
ATT' N:
16. 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 ofthis Contract and shall have no effect upon the construction or interpretation of any part ofthis 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. 00500- 7
136
SECTION 00500
INSTALLATION OF RUBBERIZED SUFACING CONTRACT
CIP PK 22- 44
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. 10) 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.
11) 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 ofthis Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns ofthe parties. 15) Time ofthe 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. Ifthe 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. 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) Contractar 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.
00500- 8
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SECTION 00500
INSTALLATION OF RUBBERIZED SUFACING CONTRACT
CIP PK 22- 44
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 ar change order provisions ofthe Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written" Notice to Proceed" from CTTY. 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 ofthe 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.
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 City Council' s approval with resolution.
00500- 9
138
SECTION 00500
INSTALLATION OF RUBBERIZED SUFACING CONTRACT
CIP PK 22- 44
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, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
END OF SECTION)
00500- 10
139
S CTION 00300
IhSTALLATION OF RUBBERIZED SU LFACING BiD PROPOSAL FORMS CIP PK 22jf4
BID PROPOSAL FORMS
TO: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: City Clerk
FOR: INSTALLATION OF RUBBERIZED 5URFACING, CIP PK 22- 4A THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:
LEGAL COMPLIANCE
The only persons or parties interested in this Bid as Principals are those named herein; that this Bid is made without collusion with any other person, firm, parinership, corporation, or association; that he has carefully examined the lacatian afthe proposed work and the Construction Documents; and he proposes and agrees that ifthis Bid is accepted he wili contract with the City of Lathrop, in the forrn ofthe Contract as set forth in the Canstruction Documents for said project, te grovide all the necessary labor, services, materials, and equipment, and to do all the work and furnish all the materials; and that he will accept in full payment therefore the price as propased in tlie following Bid Schedule.
SCHEDULE OF PRICES
Ali applicable permit fees, licensing costs, sales taxes, State, and/ or Federal, and any other taxes, patent rights, or royalties are included in ihe prices quoted in the Bid. AII blanlc spaces must he filled in.
BASIS OF AWAR.D
The basis for award ofthe contract wi11 be the price of the base bid. The City of Lathrop reserves ti e right to award the work contemplated by the base bid or none ofthe worlc.
O D300- 1
140
sECTTON oa3 o
II STALLATION aF RUBBERIZED SURFACIi IG SID PROP05AL FORMS CEP PK 22- 44
INSTALLATION OF RUBBEItIZED SURFACING
BID SCHEDULE
BID
DESCRIPTION QUANTITY UNITS
UNIT EXTENDED
ITEM PWCE TOTAL
1 Mobilir tion/ Bonds I Insurance
1 ro6.t Ito 10 .
2 Emsion and Sediment Controi Plan{ ESCP) 1 LS
3 RcrrrovclOf' hauUDispose of Existing 4, 665 SF a
Fibar 2.32 1f71 ZZ• Sa
Removcl0ffhauUDisposc of PCC
c 4
o
R.amps to 3. 5" Depth
1G8 SF k ,_
1+ Z' • pQ
t
5 U Class tI Aggregate Hase 253 TON
g ` c qS•2,
aw
6 Rubbcriz SwFacing System- Complctc 4, 665 SF
2.$ 4 , 2 ^
Rcmovc/ f haullDispose of Existing 3, 720 SF
F 2 ` b '`
d
RemoveJOfthauUDisposc af PCC
g
z x g, 3s„ n c
i sF
c19, 1 433. 58 0
F
9 ` a Class lI Aggregatc Base 202 TON ,
i S 9 .
30 Rubberizcd Surfacing Systtm- Completc 3, 720 SF ,.
3'' Sa
Rcmove/ OffhaullDispose of Existiag 4, 695 SE
F 2. 32 v lo q2.
a Removc/ OffhavUDispose of PCC
ia
W s w 3sn n
sF
1.' $ 2 3. 25
F
13 3 Class II Aggrcgalc Base 255 TQN
2 q
A
14 Rubbcrized Svrfacing System- Cornplete 4, 695 SF
TOTAL Bm : 4 c 1 4
TOTAL BTD IN WURDS: {? U r
1- K) 1r Y ' l 135
c ne, u rd red S x Y / i d
OD304- 2
141
SECTIUN 00300
iNSTALLATION OF RUBBER[ ZED SURFACING BID PROPOSAL FOItMS CiP pK 2x- 44
INFURMATION REOt1IRED OF BIDDER
The Bidder{ Contractor) shall furnish the following informaNan. This infarmation is considered essential in enabling the Project Manager to detertnine ifthe Bidder is experienced in s milar types of wark and if the Bid is based on a carefu] study of inethads applical le to the work and full realization of the variaus factors which may affect the pro, n-ess of the war c. Failure to cam 1 with this re uirement ma render the Bid non-res onsive and ma cause its re' ection. Additional sheets shali be attached as required.
BIDDER' S INF4RMATION
1) Bidder' s name and address:
Frantline General Engineering Construction, Inc
1663 Ray Wise Lane, Tracy Ca 95376
2} Bidder' s telephone number.
510) 520- 2464
3) Bidder' s fax number.
4) Bidder' s Contractor' s License( Class}: A
L,icense No.: Q47164
Expires: 1 I31/ 2024
5) Person who inspected site of proposed work for Contractar' s firm:
Name: Shankar Sah Date of inspection: / 31I2022
5) List 3 projects of a nature similar to this project:
Praject Contract Name, Address and
Price Tele hone Number of Owner
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Cr•.' ao - 5 Q s • d o?6
s t1 c6=- A k o-oo i
y
o s
a a - - 6 -- ss
t fm fi
so o, o 0 0 / i6, v,. f -#-'
P, r 5
0 300- 3
142
SECTION 00340
INSTALLATIONI OF' Ri7B8ERIZED SURFACING BtD PROP05AL FORNES CIP PK 22 44
LIST OF SUBCQNTRACTORS:
The Bidder shall{ ist below the name and business address af each sulxantractor who rvill perform work under this Bid in excess af one- half of one percent af the Contractor' s Total Bid Price, and shall aEso list he portion afthe WORK which will be done by such subcontractor, in accordance with Sechon 4107 of the Public Contract Code. After the opening of bids, no changes or substituti ns will be allowed except as otherwise provided by law, The listing of mo; e than one subconhactor for each item ofwork to be perFormed wiih the words" and/ or" will not be permitted.
Failwe to comply with this requirement may render the Bid nan-responsive and may cause its rejection. Should the Contractor provide a bid that does not requirc a subcontractor, the Contractor shalI note that on this page by writing" Not Applicable" in the list beiow.
Subcontractor
License Perceatof
Work to be Pe ormed Nnm e Tota Co_ tract SubcaotractQr' s Name& Addre s s 1 , 2- l 10, y`} 54 G 1 ur-,, tinC•
a_.
s. onr e n d- e e
S.i} 2 1 C? 3
2. c o+ ,
3. 4.
5. 6.
Note: Attach addit onal sheets if required.
403UU- 4
143
s cTtoN oo3ao
INSTALLAT[ ON OF RUBBERI7,ED SUitFACING B! D PROP05AL F(3RM5 CIP PK22- 44
ADDEItiiDA
Bidder certifes he reviewed ARC Stockton' s website for addenda within 48 hours of bid opening and acknowledges receipt ofthe following addendum( addenda):
0 Respectfully submitted,
6/ 7J2022 Frontline General Engineering Construction, Inc Dated Legal Name of Firm
Signatu e Authorized Representative
Seal}
If Bidder is a corporation, show State in which incarporated.) C. L, s-,,' gThe full namcs a» d post of ice addresses af all persons and parties interested in the foregoing Bid as principals are as fallows:
NOTICE}: Give first and last names in full; in case of corporation, give names of Aresident, Secretary, Treasurer, and Manager, and in case of partnerships and joi t ventures, give names and Post Office addresses of all the individual rnembers.
4 5. S t rv7..-.— D
v`.''' 7 S + 1F rl l , S-G. C I`yG f<r.
40300- 5
144
sEcr oN o0300
INS'fALLATION OF RUBBERIZED SURFACINC BID PROPOSAL FORMS CIP PK 22- 44
BID DER' S BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE Frantline General Engineering Construction, lnc. as PRINCIPAL, and Granite Re [ nc. DBA Granite Suretv Insurance Comaanv as SUItETY are held; and finnly bond unto the City of Lathrop in the pettal sum of TEN PERCENT ( 10%) OF THE TOTAL AMOiJNT OF THE BID of the Principa! above named, submitted by th Principal to the City of Lat rop for the work described bclow, for the payment of which s m in lawful money of the United States, well and truly to be made to the City of Lathrop to which the bid was submitted, we bind ourseives, our heirs, executors, adminsstrators and successors, jointly and sevorally, firmly by those presents. In no case shalt the liabi[ity of the surety hereunder exceed the sum of$ Ten Perc nt of Bid Amount{ 10%) THE CONDTTION QF TffiS OBLIGATION IS SUCH,
THAT, WHEREAS, the Principal has submitted the abave mentioned bid to the City af LathroQ for certain constnzction specifically described as follows, for which 6ids are to be opened at the Ciry Hall, 390 Towne Centre Drive, Lathrop, CA: INSTALLATION OF RUBBERIZED SURFAC[ NG, CIP PK 22- 44
NOW, THEREFORE, if the Principaf is awarded the contract and within the time and manner requi d under the specifications, after the prescribed foRns are pr sented to him far signature enters into a written contracE in the prescribed form, in accordan+ e with the bid, and files two bonds with the City, one to guarantcc faithful performance, and the other to guarantee payment for labor and materials as required by law, Ehen this obligation shaU be null and void; otherwise, it shall t e and remain in full force.
IN WI'FNESS WHEREOF, we have hereunto set our hands and seals on this day o" June 0 ZZ, Granite Re, Inc. DBA Granite Surety Insura.nce Frant ine'—TeneraT ngm nng Construction, Inc. Company
Seat} S al)
enn . tt o, Axtornev- ir- Faat
Seal) 5pal)
y
e c ona , s . .. c ary
Address: 1663 Ray Wise Lane Address: 14002 Qusilbcoa Drive Tracy, CA 95376 Oklahoma City, OK 73134
NOTE: Signatures ofthose executing for the surety must be properly acknflwledged. oo3oa- s
145
A notary public or other officer completing this certificat verifies anly the identity of the individaal who signed the document to which this ccrtificatc is attached end not tNe truthfviness. accuracv. or vaiidiiv of the documenk
ACKNUWLEDGMENT OF PRINCIPAL
State oF_ p,.•.
County of 4,. A r,.
4n this isT day of 20 a . before me ttu iz P Ml is4 No 4v.,_Q. a. p csonally appeared Here lnnnrl Name and t(e ofO t
e, 1rn,. who proved to me an the hasis of s$ tisfactory evidence to be the person Nane oJSf r
whose name is subscribtd to the within inshvment and ac}rnowledg to me that heJ executed the same in hislt r sutharized capaeity, and that by his/ t pr siBnature on the instrumcnt tha person, or the entity upon behalf of which the person acted, executed the ins rument.
I ceriify under PENALTY OF PERJLJRY under the laws of the State of California that the foregoing para raph is true and correct w,- - - - _ _•
VANITA a. AUSTAY WITNESS my hand and official seal.
Natary Pabifc• Catifan: a
San JoeGuln Ceu ty
f
Comrt+ lssion x 22567Tb S1 I18 llIC i,1..., MyCOmT tJlfl1/ My2 Z: i3 gnature ofNotary P tblic
ACKNOWLEDGMENT OF SURETY
State of Oklahoma
County of Oklahama
On this 2 day of Jtina, 2022 before me personally come( s) Kennech U. Whittington, Attomey in- act ofGranite Re. inc. dha Granite Sureiy tnsw ance Gompany with whom I am personally acquainted, and who, being by me duly swom, says that he reside( s} in Oklahama City, Oklahoma that he is the Attorney in Fact of Grariite Re,[ nc. dba GraniEe Sisrety Insurance Company, the company described in and which executed the within instrument; that he know( s} the corporete seal of such Campany; and that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Baard of Direciors of said compan land he signed said instrument as Attarney( s} in- Fact f the said Cam by ilce order.
P pgHM.
5 4 '.
1rQ' j,trp FpR` y Notary Public
Q
3 .
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v
cRa3- ia
146
GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY
GENERAL POWE 2 OF ATTORNEY
Know all Men by tfiese Presents:
That GRANITE RE, INC aBA GRANITE SURETY INSURAiVCE COMPANY, a corparation organized and existing under the( aws o#the State of MINNESOTA and having its principal office at the City af KLANaMA Ci' fY in the State of OKLAHOMA does hereby constitute and appoint:
KENNETH D. WHIT' fING7DN; KYLE MCDONALD its true and lawful Attorney- in- Fact( sM far the following purposes, to vwit:
To sign its name as surety to, and tv execute, seal and acknowledge any and all bonds, ancf to respective y do and perForm any and all acts and things set forth in the resolution of the 6aard of Diredors of the sald GRANffE RE, INC. DBA GRANfTE SUR£' tY iNSURANCE COMPANY a ceREfied copy of whir.h is hereto annexed and made a part vf this Pawer of Attomey; and the said GRANITE RE, INC DBA GRANJTE SURE Y fNSURANCE COMPANY through us, its eoard of Directors, hereby ratifies and canfirms aA and whatsoever the said:
KENNETH D. WHRTINGTON; KYLE MGDONALp may la+vFully do in ihe premises by virtue af these p esents.
In Witness Whereof, the said GRANfTE RE,( NG DBA GRANRE SURETY INSURANC£ COMPANY has caused this instrument to be sealed with its corporate sea1, duly attested by the signatures af its P esident and Assistant Secretary, this 3rd day of January, 2020.
S E A L
Kenneth D. Whitti on, President
STATF OF OKlAHOMA )
u
J
55:
COUNTY OF OKI. AHOMA ) Kyl . Mc[?anald, AsSistant Secretary On tf is 3' day of January, 2020, before me personally came Kenneth D. Whittington, Presideitt of the GRANII' E RE, INC DBA GRANfT' f SURk? Y INSURANCE CDMPANY and Kyle P. McDonald, Assistant Secrebry of id Cmnpany, witi both of whom I am personally aoquainted, who being by me severalty duly sworn, said, that they, tfie said Kenneth D. Whittingtaa and Kyle P. McDonald were respedinrely the Pres}dent and the AssistaM Seaetary of GRANITE RE, iNC D9A GRANfTE SURETY INSUFiANCE COMPANY, the corporadon descriE ed in and whicti exeafted the faregoing Power of Attomey; that they each knew tf e seal of sakl corporation; that the seal affuced to said Power of At omey was such corparate seal, that it was so fixed by order of the eoa d of Directcrs of said corporation, and that they signed thei name therew by like o der as President and Assistant Secretary, respectively, of the Company. e,.,,,."
My Commission Expires_ p
A,
April 21, 2029 Notary Pubtic
Commission: ilOt3362d
w„°'"!;
GRAN[ TE RE, INC
Certificate
THE t3NDERSIGNED, be[ ng the duly elected and acting Assistant Secretary of GRANfTE RE, 1NG DBA GRANITE SURETY tNSURANCE COMPANY, a Minnesota Corporatlan, NEREBY CERTIFIES that the fallowing resalutioa ts a true and correct excerpt from the July 15, 1987, rninutes of the meeting of the Board of Directors af GRANITE RE, ING DBA GRANfl SUREfY INSURANCE CQMPANY and that said Power of Attamey has not been revoked and Is now in full force and effect.
RESOLVED, that the Presldent, any Vice Presldent, the Assistant 5ecretary, and any Assistant Vke Presldent shall each have aut writy to appoi t individuals as attomeys-in-fact or under other appropriate titles with authority to execute on hehalf af the oompattiy fidel ty and surety bonds and other dacuments of similar character issued by the[ omparry in the ourse of its business.
On any instrument making or erridendng such appointment, the signatures may be affixed by faaEmlle. On any instrument conferring such authority or on any bond or undertak ng of the Company, the seal, or a facsimile thereaf, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall nat be necessary to the rraltdity of any such instrument or undertai ng."
IN WITf+tESS WHERE F, the undersigned has sub. cribed ttlk Cert ficate and affixed the c4rporate seal af the Corporation this June 2 , 2(} 22
I BpL
Kyle P Mct3onald, Assistant Secretary
R a Cc a Ed. a- 22
147
SEC'fION IF0304
INSTALLATION OF RUBBERIZED SURFACINC BIb PRqPO5AL FORMS CIP PK 22- 44
NONCOLLUSION AFFIDAVIT
STATE OF 4L',,:.
S5.
cov v oF .,.-
c P o being first duly sworn, depases and says that he ar' be is J
P c,; d,,.} of rc 1-1 s,. C E C sl.+ r., the party maki g the foregoing bid that the bid is not made in the interest of, ar on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not callusive or sham; that the bidder has not directly or indirectly induced or solicited any othcr bidder to put in a false ar sham bid, and has not d'uectly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refi-ain from bidding; that the bidder has not in any manner, directly or indirectly, sought by ageement, cammunication, or conference with aayone to fix the bid price of the bidder or any ather bidder, or ofthat of any other bidder, or ta secure any advantage against t e publie body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the cantents thereof, or divulged informarion or data relative thereto, or paid, and will nat pay, any fee to any corporadon, partnership, company associated, organization, bid depository, or to any mernber or agent thereof ta effectuate a collusive or Signature . President, Secretary,
Manager, Project Manager ar Representative
The Coun af Rrrw« dwae. mro s, tY an a ev. aa+rn. b. watar+s+a. r rorp. ru eoowreerrMdiri er.
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ITEM 4. 14
CITY MANAGER' S REPORT
UNE 13, 2022 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CAPITAL IMPROVEMENT PRO) ECT PS 22- 45
FOR FISCAL YEAR 2021/ 22 ROAD MAINTENANCE
AND REHABILITATION PRO) ECT, AND APPROVE
RELATED BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Creating CIP PS 22- 45 for Fiscal Year 2021/ 22 Road Maintenance and Rehabilitation
Project, and Approving Related Budget Amendment
SUMMARY:
The State Controller provides Senate Bill 1 ( SB 1) funds into the Road Maintenance and Rehabilitation Account ( RMRA) to apportion to eligible cities and counties for basic road maintenance and rehabilitation on local streets and roads system. To be eligible for these funds, cities must approve an annual project list by resolution.
On April 12, 2021, City Council approved the SB 1 project list for FY 2021/ 22 to repair, rehabilitate, and maintain the existing pavement at the initial locations below:
Stonebridge Ln from Harlan Rd to Slate St
J St from Harlan Rd to 5th St
Thomsen Rd from Harlan Rd to 5th St
Staff is proposing the creation of Capital Improvement Project ( CIP) PS 22- 45 Fiscal Year 2021/ 22 Road Maintenance and Rehabilitation Project to grind and overlay the SB 1 project list above plus the following locations:
Warfield Rd from Thomsen Rd to O St
Orlando Ln from Bizzibe St to Juliet Ln
Bizzibe St from northerly end to Louise Ave
Honey PI from Bizzibe St to Easy St
Aries PI from Bizzibe St to Easy St
Easy St from O St to Aries PI
Suzie Q Lane from Somoa Ln to Mingo Way
Mingo Way from Bizzibe St to Aztec Ln
Aztec Ln from Bizzibe St to Mingo Way
Staff is requesting that City Council approve the creation of CIP PS 22- 45 Fiscal Year 2021/ 22 Road Maintenance and Rehabilitation Project. In order to recognize the revenue received from RMRA apportionments and initiate the proposed project, staff is also requesting City Council approve a budget amendment transferring $ 405, 000 from the Gas Tax Fund ( 2030) towards the General CIP Fund ( 3010). 151
CITY MANAGER' S REPORT PAGE 2
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING
CREATE CAPITAL IMPROVEMENT PROJECT PS 22- 45 FOR FISCAL YEAR 2021/ 22 ROAD MAINTENANCE AND REHABILITATION PRO) ECT, AND
APPROVE RELATED BUDGET AMENDMENT
BACKGROUND:
Funding from SB 1 has been apportioned by formula to eligible cities and counties for basic road maintenance, rehabilitation and critical safety projects on the local streets and roads system. In order to be eligible for this funding, cities must approve an annual project list by resolution.
On April 12, 2021, City Council approved the SB 1 project list for FY 2021/ 22 to repair, rehabilitate, and maintain existing pavement at citywide locations, including but not limited to:
Stonebridge Ln from Harlan Rd to Slate St
J St from Harlan Rd to 5th St
Thomsen Rd from Harlan Rd to 5th St
The proposed CIP PS 22- 45 Fiscal Year 2021/ 22 Road Maintenance and Rehabilitation Project will grind and overlay the SB 1 project list and include the following locations:
Warfield Rd from Thomsen Rd to O St
Orlando Ln from Bizzibe St to Juliet Ln
Bizzibe St from northerly end to Louise Ave
Honey PI from Bizzibe St to Easy St
Aries PI from Bizzibe St to Easy St
Easy St from O St to Aries PI
Suzie Q Lane from Somoa Ln to Mingo Way
Mingo Wy from Bizzibe St to Aztec Ln
Aztec Ln from Bizzibe St to Mingo Wy
Depending on existing paving conditions, the project may implement slurry sealing on some of these locations. Slurry is a paving treatment that consists of a mixture of water, asphalt emulsion, aggregate ( very small crushed rock) and additives to an existing asphalt pavement surface. Benefits of slurry seal include sealing of cracks, restoring lost flexibility to the pavement surface, reduction in construction time and potential cost savings.
REASON FOR RECOMMENDATION:
Creation of CIP PS 22- 45 Fiscal Year 2021/ 22 Road Maintenance and Rehabilitation Project is needed to correct existing roadway pavement deficiencies and increase motorists' safety. Approving the creation of CIP PS 22- 45 will allow the City to begin planning and designing phases for the proposed project. Staff will return to Council at a later date to award a construction contract.
152
CITY MANAGER' S REPORT PAGE 3
UNE 13, 2022 CITY COUNCIL REGULAR MEETING
CREATE CAPITAL IMPROVEMENT PRO7ECT PS 22- 45 FOR FISCAL YEAR 2021/ 22 ROAD MAINTENANCE AND REHABILITATION PRO) ECT, AND
APPROVE RELATED BUDGET AMENDMENT
FISCAL IMPACT:
To recognize the revenue received from RMRA apportionments, staff is also requesting City Council approve a budget amendment increasing the anticipated revenue by $ 77, 380 and transferring the cumulative amount of $ 405, 000 from the Gas Tax Fund ( 2030) to the General CIP Fund ( 3010) as follows:
Increase Revenue
2030- 5010- 331- 0306 77, 380
Increase Transfers Out
2030- 9900- 990- 9010 405, 000
Increase Transfers In
3010- 9900- 393- 0000 PS 22- 45 405, 000
Increase Expenditures
3010- 8000- 420- 12- 00 PS 22- 45 405, 000
ATTACHMENTS:
A. Resolution Creating CIP PS 22- 45 for Fiscal Year 2021/ 22 Road Maintenance and Rehabilitation Project, and Approving Related Budget Amendment B. Vicinity Map - CIP PS 22- 45 Fiscal Year 2021/ 22 Road Maintenance and Rehabilitation Project
153
CITY MANAGER' S REPORT PAGE 4
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING
CREATION OF CAPITAL IMPROVEMENT PROJECT PS 22- 45 FISCAL YEAR 2021/ 22 ROAD MAINTENANCE AND REHABILITATION PROJECT AND
RELATED BUDGET AMENDMENT
APPROVALS:
6 o- 02 - 20, 2.2
Angel Abarca Date
Assistant Engineer
l0 2 • 2
Ken Reed Date
Senior Construction Manager
r--,
C - 2- ZotZ
Michael King Date
Assistant City Manager
13 a'
Cari Jarr s Date
Finance irector
Z "` ZD 2. Z
Salvador Navarrete Date
City Attorney
7,
Stephen J. Salvatore Date
City Manager
154
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP CREATING CIP PS 22- 45 FOR THE FISCAL YEAR 2021/ 22 ROAD
MAINTENANCE AND REHABILITATION PROJECT, AND APPROVING RELATED
BUDGET AMENDMENT
WHEREAS, the State Controller provides Senate Bill 1 ( SB 1) funds into the Road Maintenance and Rehabilitation Account ( RMRA) to apportion to eligible cities and counties for basic road maintenance and rehabilitation on local streets and roads system; and
WHEREAS, to be eligible for this funding, cities must approve an annual project list by resolution; and
WHEREAS, on April 12, 2021, City Council approved the SB 1 project list for FY 2021/ 22 to repair, rehabilitate, and maintain existing pavement at citywide locations, including but not limited to:
Stonebridge Ln from Harlan Rd to Slate St
J St from Harlan Rd to 5th St
Thomsen Rd from Harlan Rd to 5th St
WHEREAS, staff is proposing the creation of Capital Improvement Project CIP) PS 22- 45 Fiscal Year 2021/ 22 Road Maintenance and Rehabilitation Project to grind and overlay the SB 1 project list above plus the following locations:
Warfield Rd from Thomsen Rd to O St
Orlando Ln from Bizzibe St to Juliet Ln
Bizzibe St from northerly end to Louise Ave
Honey PI from Bizzibe St to Easy St
Aries PI from Bizzibe St to Easy St
Easy St from O St to Aries PI
Suzie Q Lane from Somoa Ln to Mingo Way
Mingo Wy from Bizzibe St to Aztec Ln
Aztec Ln from Bizzibe St to Mingo Wy
WHEREAS, staff is requesting that City Council approve the creation of CIP PS 22- 45 Fiscal Year 2021/ 22 Road Maintenance and Rehabilitation Project; and 155
WHEREAS, to recognize the revenue received from RMRA apportionments, staff is also requesting City Council approve a budget amendment increasing the anticipated revenue by $ 77, 380 and transferring the cumulative amount of $405, 000 from the Gas Tax Fund ( 2030) to the General CIP Fund ( 3010) as follows:
Increase Revenue
2030- 5010- 331- 0306 77, 380
Increase Transfers Out
2030- 9900- 990- 9010 405, 000
Increase Transfers In
3010- 9900- 393- 0000 PS 22- 45 405, 000
Increase Expenditures
3010- 8000- 420- 12- 00 PS 22- 45 405, 000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves creating CIP PS 22- 45 for Fiscal Year 2021/ 22 Road Maintenance and Rehabilitation Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment increasing the anticipated revenue by $ 77, 380 and transferring the cumulative amount of $ 405, 000 from the Gas Tax Fund ( 2030) to the General CIP Fund ( 3010) as detailed above.
156
The foregoing resolution was passed and adopted this 13th day of June 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 157
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158
ITEM 4. 15
CITY MANAGER' S REPORT
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO AMERICAN
PAVEMENT SYSTEMS INC. FOR THE PAVEMENT
MAINTENANCE AND REHABILITATION, CAPITAL
IMPROVEMENT PRO] ECT PS 21- 12
RECOMMENDATION: Adopt Resolution Awarding a Construction Contract to American Pavement Systems Inc. for the
Pavement Maintenance and Rehabilitation, Capital
Improvement Project PS 21- 12
SUMMARY:
On April 12, 2021, City Council created Capital Improvement Project ( CIP) PS 21- 12 Pavement Maintenance and Rehabilitation ( Project) to maintain and repair deteriorated pavement on local streets. The Project consists of slurry sealing and restriping various roadways throughout the City. It will utilize funds from the federal government through the Regional Surface Transportation Program ( RSTP) managed by the San Joaquin Council of Governments ( SJCOG).
After receiving approval from Caltrans on the environmental phase, City staff proceeded with the design phase and prepared the plans and technical specifications on April 29, 2022. The bid solicitation package for the construction of the Project was advertised on May 4, 2022 in accordance with Public Contract Code 22032 and Lathrop Municipal Code ( LMC) Section 2. 36. 060.
A total of three ( 3) bids were received and opened by City Clerk on May 24, 2022.
Based on review and evaluation of the bids, the lowest responsive and responsible bidder for the project was determined to be American Pavement Systems Inc. ( APS) with a bid amount of $ 1, 204, 294.
Staff is requesting City Council award a construction contract to American Pavement Systems Inc. for the construction of CIP PS 21- 12 Pavement Maintenance and Rehabilitation in the amount of $ 1, 204, 294. Staff also requests City Council authorize a 15% construction contingency of $ 180, 650 for a total cost not to exceed 1, 384, 950.
BACKGROUND:
On April 12, 2021, City Council approved the creation of the Pavement Maintenance and Rehabilitation, CIP PS 21- 12 to maintain and repair deteriorated pavement on local streets. The Project consists of slurry sealing and re- striping various roadways throughout the City by using funds from the federal government through the RSTP managed by SJCOG.
159
CITY MANAGER' S REPORT PAGE 2
UNE 13, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO AMERICAN PAVEMENT SYSTEMS, INC. FOR THE PAVEMENT MAINTENANCE AND REHABILITATION, CIP PS 21- 12
After receiving approval from Caltrans on the environmental phase, City staff prepared the plans and technical specifications on April 29, 2022. The bid solicitation package for the construction of the Project was advertised on May 4, 2022 in accordance with Public Contract Code 22032 and LMC Section 2. 36. 060.
A total of three ( 3) bids were received, each determined to be responsive and responsible. The bid results are summarized in Table 1 below:
Table I: Summar of Bid Resu/ ts
Contractor Total Bid
American Pavement S stems Inc. 1, 204, 293. 40
VSS International, Inc. 1, 447, 000. 00
Pavement Coatin s Co. 1, 516, 119. 10
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is American Pavement Systems Inc. ( APS). Staff requests City Council adopt a resolution awarding a construction contract to APS for the amount of 1, 204, 294. Staff also request City Council authorize a 15% construction contingency of $ 180, 650, and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 1, 384, 950.
REASON FOR RECOMMENDATION:
The existing asphalt on several streets needs to be maintained. These current deteriorating pavement conditions warrant the project for the City' s road maintenance and repair program. Approving the contract with American Pavement Systems Inc. will allow for the construction of the project and the resurfacing of the damaged pavement.
FISCAL IMPACT:
Staff requests City Council award a construction contract to APS for the amount of 1, 204, 294, and authorize a 15% construction contingency of $ 180, 650, for a total cost not to exceed $ 1, 384, 950. Sufficient funds were included in the adopted Fiscal Year 21/ 22 budget for CIP PS 21- 12 to fund the construction. 160
CITY MANAGER' S REPORT PAGE 3
UNE 13, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO AMERICAN PAVEMENT SYSTEMS, INC. FOR THE PAVEMENT MAINTENANCE AND REHABILITATION, CIP PS 21- 12
ATTACH M E NTS:
A. Resolution Awarding a Construction Contract to American Pavement Systems Inc. for the Pavement Maintenance and Rehabilitation, Capital Improvement Project PS 21- 12
B. Construction Contract with American Pavement Systems Inc. for the Pavement Maintenance and Rehabilitation, CIP PS 21- 12
C. Project Location Map
161
CITY MANAGER' S REPORT PAGE 4
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO AMERICAN PAVEMENT SYSTEMS, INC. FOR THE PAVEMENT MAINTENANCE AND REHABILITATION, CIP PS 21- 12
APPROVALS:
p(,—os- — 20
Angel A arca Date
Assistant Engineer
Oar qo( O' 2D---
Ken Reed Date
Sen' r Construction Manager
a
O..-.
Cari Ja Date
Finance Dir r
Co- Z - ZoZZ
Michael King G Date
Assistant City Manager
6' 7- ZZ
Salvador Navarrete Date
City Attorney
p• • LZ
Ste en J. Salvatore Date
City Manager
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RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING A CONSTRUCTION CONTRACT TO AMERICAN PAVEMENT SYSTEMS INC. FOR
THE PAVEMENT MAINTENANCE AND REHABILITATION, CAPITAL
IMPROVEMENT PRO) ECT PS 21- 12
WHEREAS, on April 12, 2021, City Council approved the creation of Capital Improvement Project ( CIP) PS 21- 12 Pavement Maintenance and Rehabilitation Project) to maintain and repair deteriorated pavement on local streets; and WHEREAS, the Project consists of slurry sealing and re- striping various roadways throughout the City by using funds from the federal government through the Regional Surface Transportation Program ( RSTP) managed by the San Joaquin Council of Governments ( SJCOG); and
WHEREAS, after receiving approval from Caltrans on the environmental phase, City staff proceeded with the design phase and prepared the plans and technical specifications on April 29, 2022 in accordance with Public Contract Code 22032 and the Lathrop Municipal Code ( LMC) Section 2. 36. 060; and WHEREAS, a total of three ( 3) bids were received and opened by the City Clerk on May 24, 2022; and
WHEREAS, upon review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be American Pavement Systems Inc. with a bid of $ 1, 204, 294; and
WHEREAS, staff requests City Council award a construction contract to American Pavement Systems Inc. ( APS) in the amount of $ 1, 204, 294; and WHEREAS, staff also requests Council authorize a 15% construction contingency in the amount of $ 180, 650 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed 1, 384, 950; and
WHEREAS, sufficient funds were included in the adopted Fiscal Year 21/ 22 budget for CIP PS 21- 12 to fund the construction.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract to American Pavement Systems Inc. for the Pavement Maintenance and Rehabilitation, CIP PS 21- 12 for a cost of 1, 204, 294.
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 15% construction contingency in the amount of $ 180, 650 for a total cost not to exceed $ 1, 384, 950 for the construction and authorizes staff to spend up to this amount as necessary to accomplish the goals of the project. 163
The foregoing resolution was passed and adopted this 13t'' day of June 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 164
ATTACHMENT B
CONTRACT FOR
PAVEMENT MAINTENANCE AND REPAIR PROJECT, CIP PS 21- 12
FEDERAL AID PROJECT STPL 5456 ( 021)
LATHROP, CA
This Contract, dated June 13, 2022, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and American Pavement Systems 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 Wark. Construction Documents for Pavement Maintenance and Repair Project, CIP PS 21- 12 ( 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 Project and Work is generally described as follows:
The wark 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 crack sealing and road surface preparation, application of ARAM and Microsurfacing and removal and reapplication of traffic striping and pavement markings; and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 40 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 work actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: 1, 204, 293. 40 ( One Million Two Hundred Four Thousand Two Hundred Ninety- Three Dollars and FortY Cents)
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, performance bond, labor and materials bond, certification of insurance, workers' compensation certification, and guaranty) and the Bid Documents submitted by American Pavement Systems Inc. on May 24, 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.
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4. Com ensation. 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 4 of the Contract Specificatioins 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 behalf. 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 safety 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 Ciry 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 of this 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 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 ofthis 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. 166
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 Wark 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 of the 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 ofthe 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 ongoing 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 Wark 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 Contractar' s Subcontractor List submitted with the Contractor' s proposal for the Work is not DIR Registered at the time of opening of 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 l 771.]( c)( 3) and/ or Labor Code Section l 771. 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.
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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 of the Contract Price; or (ii) to disburse any portion of the 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 Departrnent of Industrial Relations shall monitor and enfarce 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 to 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 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 enwnerated 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 Relarions.
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 thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, ar the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior 168
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.
fl 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 compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labar 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 labar 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 equipment 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.
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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 coiluded, 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; 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 infarmation as may be requested of Contractar by City from time to time during the term of this Contract; l 1) 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
2) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
12. Assi nment 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.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time ar other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by CitX. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' s Project- related and Work- related writings and business records, as such terins 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.
15. 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 (1) 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 170
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.
To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE: ( 209) 941- 7363
FAX: ( 209) 941- 7449
ATTN: Ken Reed, Senior Construction Manager
To Contractor:
Mailing Address:
Phone:
Email:
ATTN:
16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purpart 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. 171
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 of this 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. 10) 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.
11) 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 ar on behalf of Contracror 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.
Contractar shall not be entitled to any rights and benefits accorded ar 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. 5) 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 far perfarmance 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. 17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract ar arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred ar expended in connection with such action against the non-prevailing party. 172
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.
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 far failing to pay prevailing wages. 26) It is mutually agreed and understood that the complete Contract shall consist of the following component documents, all of which are fully a part hereof as if herein set out in full, or if not attached, as if hereto attached:
a. Accepted Proposal
b. Contract
c. Performance Bond
d. Labor& Material Bond
e. City of Lathrop Standard Specifications
f. State of California Standard Specification
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g. Any Published Addenda
h. Project Plans and Specifications
i. Guaranty Bond
j. CalTrans Exhibit 12G- Required Federal- Aid Contract Language k. Federal Minimum Wage Determinations
1. Contractor' s submitted CalRecycle Form 168, Reliable Contractor Declaration.
ATTACHED EXHIBITS
A. FHWA Form 1273 - Required Contract Provisions for Federal- Aid Construction Contracts B. Federal Minimum Wage Determinations
C. California Department of Transportation Agreement between the City of Lathrop and American Pavement Systems Inc.
D. Contractor' s Submitted Bid
Certification of insurance, performance bond, and payment bond shall be furnished to the City by the Contractor after City Council' s approval with resolution. 174
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
B y:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FORM:
B y:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
B y:
Michael King, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
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EXHIBIT A
Local Assistance Procedures Manuai Exhibit 12- G
Required Federal- Aid Contract Language
EXHIBIT 12-G: REQUIRED FEDERAL- AID CONTRACT LANGUAGE
For Local Assistance Construction Projects)
The following language must be incorporated into aii Local Assistance Federal- aid construction contracts.
The following language, with minor edits, was taken from the Code of Federal Regulations.
MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS
SECTION
1. DISADVANTAGED BUSINESS ENTERPRISES( DBE)................................................................................ 2 A. NONDISCRIMINATION STATEMENT.............................................................................................. 2 B. CONTRACT ASSURANCE............................................................................................................... 3 C. PROMPT PROGRESS PAYMENT................................................................................................... 3 D. PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS...................................... 3 E. TERMINATION AND SUBSTITUTION OF DBE SUBCONTRACTORS.......................................... 4 F. COMMITMENT AND UTILIZATION ................................................................................................. 5 G. DBE RUNNING TALLY OF ATTAINMENTS ................................................................................... 6
2. BID OPENING ................................................................................................................................................ 6
3. BID RIGGING ................................................................................................................................................. 6
4. CONTRACT AWARD..................................................................................................................................... 6
5. CONTRACTOR LICENSE.............................................................................................................................. 6
6. CHANGED CONDITIONS.............................................................................................................................. 6 A. DIFFERING SITE CONDITIONS....................................................................................................... 6 B. SUSPENSIONS OF WORK ORDERED BY THE ENGINEER......................................................... 6 C. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK.......................................................... 7
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES...................................... 7
8. BUY AMERICA............................................................................................................................................... 7
9. QUALITYASSURANCE................................................................................................................................. 8
10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS........................................................ 8
11. FORM FHWA- 1273 REQUIRED CONTRACT PROVISIONS FEDERAL- AID CONTRACTS....................... 8
12. FEMALE AND MINORITY GOALS .............................................................................................................. 22
13. TITLE VI ASSURANCES.............................................................................................................................. 23
14. USE OF UNITED STATES- FLAG VESSELS( CARGO PREFERENCE ACT)............................................. 27
15. FEDERAL TRAINEE PROGRAM................................................................................................................. 27
16. PROHIBITIONS OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEIL ANCE EQUIPMENT AND SERVICES .......................................................................................................................... 29 Page of 1 of 29
January 2022
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Local Assistance Procedures Manual Exhibit 12- G
Required Federal- Aid Contract Language
1. DISADVANTAGED BUSINESS ENTERPRISES( DBE)
The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract( 49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26. 5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.
The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal.
It is the prime contractor' s responsibility to verify that at date of bid opening the DBE firm is certified as a DBE by using the California Unified Certification Program ( CUCP) database and possesses the most specific available North American Industry Classification System ( NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at: https:// dot.ca. qovlprogramsJcivil- riahts/ dbe- search.
All DBE participation will count toward the California Department of Transportation' s federally mandated statewide overall DBE goal.
Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the following manner:
100 percent counts if the materials or supplies are obtained from a DBE manufacturer. 60 percent counts if the materials or supplies are obtained from a DBE regular dealer.
Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR
26. 55 defines" manufacturer" and " regular dealer."
The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26. 55( d)( 1) as follows:
The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of ineeting DBE goals.
The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract.
The DBE receives credit for the total value of the transportation services it provides on the Contract using trucks it owns, insures, and operates using drivers it employs.
The DBE may lease trucks from another DBE firm, including an owner- operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract.
The DBE may lease trucks without drivers from a non- DBE truck leasing company. If the DBE leases trucks from a non- DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services.
A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.
A. Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
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B. Contract Assurance
Under 49 CFR 26. 13( b):
The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/ or
4) Disqualifying the contractor from future bidding as non- responsible.
C. Prompt Progress Payment
The prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor' s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney' s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non- DBE subcontractors.
D. Prompt Payment of Withheld Funds to Subcontractors
The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two.
Method 1: No retainage will be held by the Agency from progress payments due to the prime contractor.
Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the Agency' s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108. 5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/ or noncompliance by a subcontractor. This clause applies to both DBE and non- DBE subcontractors.
Method 2: No retainage will be held by the Agency from progress payments due to the prime contractor.
Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven ( 7) days after the subcontractor' s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Agency' s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108. 5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/ or noncompliance by a subcontractor. This clause applies to both DBE and non- DBE subcontractors.
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Method 3: The Agency shali hold retainage from the prime contractor and shali make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven ( 7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency' s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108. 5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non- DBE subcontractors.
Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.
E. Termination and Substitution of DBE Subcontractors
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency' s written consent. The prime contractor shall not terminate or substitute a listed DBE for convenience and perForm the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency' s prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15- G Construction Contract DBE Commitment form, included in the Bid.
The Agency authorizes a request to use other forces or sources of materials if the bidder shows any of the following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local Agency' s bond requirements.
3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials ( failing or refusing to perForm is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
5. Listed DBE' s work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11. The Agency determines other documented good cause.
The prime contractor shall notify the original DBE of the intent to use other forces or material sources and provide the reasons, allowing the DBE 5 days to respond to the notice and advise the prime contractor and the Agency of the reasons why the use of other forces or sources of materials should not occur.
The prime contractor' s request to use other forces or material sources must include:
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1. One or more of the reasons listed in the preceding paragraph.
2. Notices from the prime contractor to the DBE regarding the request.
3. Notices from the DBEs to the prime contractor regarding the request.
If the Agency authorizes the termination or substitution of a listed DBE, the prime contractor must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must( 1) perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal, and ( 2) be certified as a DBE with the mast specific available NAICS codes and work codes applicable to the type of work the DBE will perform on the contract at the time of the prime contractor' s request for substitution. The prime contractor shall submit their documentation of good faith efforts within 7 days of their request for authorization of the substitution. The Agency may authorize a 7- day extension of this submittal period at the prime contractor' s request. More guidance can be found at 49 CFR 26 app A regarding evaluation of good faith efforts to meet the DBE goal.
F. Commitment and Utilization
Note: In the Agency' s reports of DBE participation to Caltrans, the Agency must display both commitments and attainments.
The Agency' s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The bidder shall submit the Exhibit 15- G Construction Contract DBE Commitment, included in the Bid book.
This exhibit is the bidder' s DBE commitment form. If the form is not submitted with the bid, the bidder must remove the form from the Bid book before submitting their bid.
The bidder shall complete and sign Exhibit 15- G Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE' s quote serves as written confirmation. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement.
If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the Agency within five ( 5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Agency will find the bidder' s bid nonresponsive.
The prime contractor shall use each DBE subcontractor as listed on Exhibit 12- B Bidder' s List of Subcontractors ( DBE and Non- DBE), and Exhibit 15- G Construction Contract DBE Commitment form unless they receive authorization for a substitution.
The Agency shall request the prime contractor to:
1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
Name and business address of each 1 St- tier subcontractor Name and business address of each DBE subcontractor, DBE vendor, and DBEtrucking company, regardless of tier
Date of payment and total amount paid to each business ( see Exhibit 9- F Monthly Disadvantaged Business Enterprise Payment)
If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work.
Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification LAPM Exhibit 16- Z1) form.
If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the Page of 5 of 29
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notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises ( DBE) Certification Status Change, Exhibit 17- 0, form and submit the form within 30 days of contract acceptance.
Upon work completion, the prime contractor shall complete Exhibit 17- F Final Report— Utilization of Disadvantaged Business Enterprises ( DBE), First- Tier Subcontractors and submit it within 90 days of contract acceptance. The Agency will withhold $ 10, 000 until the form is submitted. The Agency releases the withhold upon submission of the completed form.
G. DBE RUNNING TALLY OF ATTAINMENTS
After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10"' of the following month, the prime contractor/ consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to business. support. unit@dot. ca. qov with a copy to the Agency.
2. BID OPENINGThe Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.
3. BID RIGGING The U. S. Department of Transportation ( DOT) provides a toll- free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is( 800) 424- 9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT' s effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.
4. CONTRACT AWARD If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.
5. CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract acceptance Public Contract Code § 10164).
6. CHANGED CONDITIONS
A. Differing Site Conditions
1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is perFormed.
2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.
3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.
4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. ( This provision may be omitted by the Local Agency, at their option.) B. Suspensions of Work Ordered by the Engineer
1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time( not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/ or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.
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2. Upon receipt, the engineer will evaluate the contractor' s request. If the engineer agrees that the cost and/ or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment( excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer' s determination whether or not an adjustment of the contract is warranted.
3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.
4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.
C. Significant Changes in the Character of Work
1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project.
Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.
2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract.
The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair andequitable.
3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.
4. The term" significant change" shall be construed to apply only to the following circumstances:
When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.
7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.
This work shall be diligently prosecuted to completion before the expiration of 40 WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.
The Contractor shall pay to the City of Lathrop the sum of$, 000. 00 Per day, for
each and every calendar days' delay in finishing the work in excess of the number of working days prescribed above.
8. BUY AMERICA
Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. Steel and iron materials must be produced in the U. S. except:
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1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [ 60 Fed Reg 15478( 03/ 24/ 1995)];
2. If the totai combined cost of the materials does not exceed the greater of 0. 1 percent of the total bid or 2, 500, materials produced outside the U. S. may be used.
Production includes:
1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape ( such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition;
2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials.
9. QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program ( QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP.
10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS
The Agency shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If the Agency fails to pay promptly, the Agency shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the Agency shall act in accordance with both of the following:
1. Each payment request shall be reviewed by the Agency as soon as practicable after receipt for the purpose of determining that it is a proper payment request.
2. Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven ( 7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
11. FORM FHWA- 1273 REQUIRED CONTRACT PROVISIONS FEDERAL- AID CONTRACTS Excluding ATTACHMENT A- EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN
DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS) Page of 8 of 29
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The following 12 pages must be physically inserted into the contract without modification.] Page of 9 of 29
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FHWA- 1273-- Revised May 1, 2012
REQUIRED CONTRACT
PROVISIONS FEDERAL- AID
CONSTRUCTION CONTRACTS
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I. General il. NONDISCRIMINATION
II. Nondiscrimination
III. No segregated Facilities The provisions of this section related to 23 CFR Part 230 are applicable IV. Davis- Bacon and Related Act Provisions to all Federal- aid construction contracts and to all related construction V. Contract Work Hours and Safety Standards Act Provisions subcontracts of$ 10, 000 or more. The provisions of 23 CFR Part 230 VI. Subletting or Assigning the Contract are not applicable to material supply, engineering, or architectural VII. Safety: Accident Prevention service contracts.
VIII. False Statements Concerning Highway Projects
In addition, the contractor and all subcontractors must compiy with the IX. Implementation of Clean Air Act and Federal Water Pollution following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625- Control Act 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as X. Compliance with Government wide Suspension and Debarment amended( 29 USC 794), Titie VI of the Civil Rights Act of 1964, as Requirements
amended, and related regulations including 49 CFR Parts 21, 26 and XI. Certification Regarding Use of Contract Funds for Lobbying 27; and 23 CFR Parts 200, 230, and 633.
ATTACHMENTS
The contractor and all subcontractors must comply with: the A. Employment and Materials Preference for Appalachian Development requirements of the Equal Opportunity Clause in 41 CFR 60- 1. 4( b) and, Highway System or Appalachian Local Access Road Contracts for all construction contracts exceeding$ 10, 000, the Standard Federal included in Appalachian contracts only)
Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60- 4. 3.
i. GENERAL Note: The U. S. Department of labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of
1. Form FHWA- 1273 must be physically incorporated in each the Secretary of Labor including 41 CFR 60, and 29 CFR 1625- 1627. construction contract funded under Title 23( exciuding emergency The contracting agency and the FHWA have the authority and the contracts solely intended for debris removal). The contractor( or responsibility to ensure compliance with Title 23 USC Section 140, the subcontractor) must insert this form in each subcontract and further Rehabilitation Act of 1973, as amended( 29 USC 794), and Title VI of require its inclusion in ali lower tier subcontracts( excluding purchase the Civil Rights Act of 1964, as amended, and related regulations orders, rental agreements and other agreements for supplies or including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and services). 633.
The applicable requirements of Form FHWA- 1273 are incorporated by The following provision is adopted from 23 CFR 230, Appendix A, with reference for work done under any purchase order, rental agreement or appropriate revisions to conform to the U. S. Department of Labor( US agreement for other services. The prime contractor shall be responsible DOL) and FHWA requirements. for compliance by any subcontractor, lower- tier subcontractor or service provider.
1. E 4ual Em ploYment OPP ortunit Y E ual em lo ment o ortunit 9 P Y PP Y Form FHWA- 1273 must be included in all Federal- aid design- build EEO) requirements not to discriminate and to take affirmative action to contracts, in all subcontracts and in lower tier subcontracts( excluding assure equal opportunity as set forth under laws, executive orders, subcontracts for design services, purchase orders, rental agreements rules, regulations( 28 CFR 35, 29 CFR 1630, 29 CFR 1625- 1627, 41 and other agreements for supplies or services). The design- builder shall CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as be responsible for compliance by any subcontractor, lower-tier modified by the provisions prescribed herein, and imposed pursuant to subcontractor or service provider.
23 U. S. C. 140 shall constitute the EEO and specific affirmative action standards for the contractors project activities under this contract. The Contracting agencies may reference Form FHWA- 1273 in bid proposal Provisions of the Americans with Disabilities Act of 1990( 42 U. S. C. or request for proposal documents, however, the Form FHWA- 1273 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are must be physicaliy incorporated( not referenced) in all contracts, ncorporated by reference in this contract. In the execution of this subcontracts and lower-tier subcontracts( exciuding purchase orders, contract, the contractor agrees to comply with the following minimum rental agreements and other agreements for supplies or services related specific requirement activities of EEO:
to a construction contract).
a. The contractor will work with the contracting agency and the Federal
2. Subject to the applicability criteria noted in the following sections, Government to ensure that it has made every good faith effort to these contract provisions shail apply to all work perFormed on the provide equal opportunity with respect to all of its terms and contract by the contractor' s own organization and with the assistance conditions of empioyment and in their review of activities under the of workers under the contractor's immediate superintendence and to contract. all work pertormed on the contract by piecework, station work, or by subcontract. b. The contractor will accept as its operating policy thefoliowing statement:
3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of t is the policy of this Company to assure that applicants are employed, progress payments, withholding of final payment, termination of the and that employees are treated during employment, without regard to contract, suspension/ debarment or any other action determined to their race, religion, sex, color, national origin, age or disability. Such be appropriate by the contracting agency and FHWA. action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
4. Selection of Labor: During the performance of this contract, the or other forms of compensation; and selection for training, including contractor shall not use convict labor for any purpose within the limits apprenticeship, pre- apprenticeship, and/ or o- the- job training." of a construction project on a Federal- aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal- aid highway does not include roadways functionally classified as local roads or rural minorcollectors.
FHWA- 1273-- Revised May 1, 2012
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2. EEO Officer: The contractor will designate and make known to the contracting o cers and EEO Officer who will have the c. The contractor will encourage its present employees to refer responsibility for and must be capable of effectively administering minorities and women as applicants for employment. and promoting and active EEO program and who must be assigned Information and procedures with regard to referring such adequate authority and responsibility to do so. applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and employee
3. Dissemination of Policy: All members of the contractor's staff benefits shall be established and administered, and personnel who are authorized to hire, supervise, promote, and discharge actions of every type, including hiring, upgrading, promotion, employees, or who recommend such action, or who are transfer, demotion, layoff, and termination, shall be taken without substantially involved in such action, will be made fully cognizant of, regard to race, color, religion, sex, national origin, age or disability. and will implement, the contractor' s EEO policy and contractual The following procedures shall be followed:
responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the a. The contractor will conduct periodic inspections of project sitesto following actions will be taken as a minimum: insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then b. The contractor will periodically evaluate the spread of wagespaid not less often than once every six months, at which time the within each classification to determine any evidence of contractor' s EEO policy and its implementation will be reviewed discriminatory wage practices. and explained. The meetings will be conducted by the EEO O cer. c. The contractor will periodically review selected personnel actions b. All new supervisory or personnel office employees will be given in depth to determine whether there is evidence ofdiscrimination. a thorough indoctrination by the EEO Officer, covering all major Where evidence is found, the contractor will promptly take aspects of the contractor' s EEO obligations within thirty days corrective action. If the review indicates that the discrimination foliowing their reporting for duty with the contractor. may extend beyond the actions reviewed, such corrective action shall include all affected persons.
c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in thecontractor' s d. The contractor will promptly investigate all complaints of alleged procedures for locating and hiring minorities and women. discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such d. Notices and posters setting forth the contractor' s EEO policywill complaints, and will take appropriate corrective action within a be placed in areas readily accessible to employees, applicants reasonable time. If the investigation indicates that the for employment and potential employees. discrimination may affect persons other than the complainant, such e. The contractor' s EEO policy and the procedures to implement corrective action shall include such other persons. Upon such policy will be brought to the attention of employees by completion of each investigation, the contractor will inform every means of ineetings, employee handbooks, or other appropriate complainant of all of their avenues of appeal.
means.
6. Training and Promotion:
4. Recruitment: When advertising for employees, the contractor a. The contractor wiil assist in locating, qualifying, and increasing will include in all advertisements for employees the notation:" An the skills of minorities and women who are applicants for Equal Opportunity Employer." All such advertisements will be employment or current employees. Such efforts should be aimed placed in publications having a large circulation among minorities at developing full journey level status employees in the type of and women in the area from which the project work force would trade or job ciassification involved.
normally be derived.
b. Consistent with the contractor' s work force requirements and as a. The contractor will, unless precluded by a valid bargaining permissible under Federal and State regulations, the contractor agreement, conduct systematic and direct recruitment through shall make full use of training programs, i. e., apprenticeship, and public and private employee referral sources likely to yield on- the-job training programs for the geographical area of contract qualified minorities and women. To meet this requirement, the performance. In the event a special provision for training is contractor will identify sources of potential minority group provided under this contract, this subparagraph will be employees, and establish with such identified sources
superseded as indicated in the special provision. The contracting procedures whereby minority and women applicants may be agency may reserve training positions for persons who receive referred to the contractor for employment consideration. welfare assistance in accordance with 23 U. S. C. 140( a). b. In the event the contractor has a valid bargaining agreement c. The contractor will advise employees and applicants for providing for exclusive hiring hall referrals, the contractor is employment of available training programs and entrance
expected to observe the provisions of that agreement to the requirements for each. extent that the system meets the contractor' s compliance with EEO contract provisions. Where implementation of such an d. The contractor will periodically review the training and promotion agreement has the effect of discriminating against minorities or potential of employees who are minorities and women and will women, or obligates the contractor to do the same, such encourage eligible employees to apply for such training and implementation violates Federal nondiscrimination provisions. promotion.
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7. Unions: If the contractor relies in whole or in part upon unionsas 10. Assurance Required by 49 CFR 26. 13( b):
a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for a. The requirements of 49 CFR Part 26 and the State DOT' s U. S. minorities and women. Actions by the contractor, either directly or DOT- approved DBE program are incorporated by reference. through a contractor' s association acting as agent, will include the procedures set forth below: b. The contractor or subcontractor shall nat discriminate on the basis of race, color, national origin, or sex in the performance of a. The contractor will use good faith efforts to develop, in this contract. The contractor shall carry out applicable cooperation with the unions, joint training programs aimed requirements of 49 CFR Part 26 in the award and administration toward qualifying more minorities and women for membership of DOT- assisted contracts. Failure by the contractor to carry out in the unions and increasing the skills of minorities and women these requirements is a material breach of this contract, which so that they may qualify for higher paying employment. may result in the termination of this contract or such other remedy as the contracting agency deems appropriate.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union 11. Records and Reports: The contractor shall keep such records wili be contractually bound to refer applicants without regard to as necessary to document compliance with the EEO requirements. their race, color, religion, sex, national origin, age ordisability. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work c. The contractor is to obtain information as to the referral and shall be available at reasonable times and places for inspection practices and policies of the labor union except that to the by authorized representatives of the contracting agency and the extent such information is within the exclusive possession of FHWA. the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to a. The records kept by the contractor shall document the following:
the contracting agency and shall set forth what efforts have been made to obtain such information. 1) The number and work hours of minority and non- minority group members and women employed in each work classification on d. In the event the union is unable to provide the contractor with a the project; reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through ( 2) The progress and efforts being made in cooperation with independent recruitment efforts, fill the employment vacancies unions, when applicable, to increase employmentopportunities without regard to race, color, religion, sex, national origin, age for minorities and women; and or disability; making full efforts to obtain qualified andlor qualifiable minorities and women. The failure of a union to 3) The progress and efforts being made in locating, hiring, training, provide sufficient referrals( even though it is obligated to qualifying, and upgrading minorities and women. provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the b. The contractors and subcontractors will submit an annual report requirements of this paragraph. In the event the union referral to the contracting agency each July for the duration of the practice prevents the contractor from meeting the obligations project, indicating the number of minority, women, and nonpursuant to Executive Order 11246, as amended, and these minority group employees currently engaged in each work special provisions, such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. to be reported on Form FHWA- 1391. The staffing data should represent the project work force on board in all or any part of the
8. Reasonable Accommodation for Applicants/ Employees last payroll period preceding the end of July. If on- the-job with Disabilities: The contractor must be familiar with the training is being required by special provision, the contractor will requirements for and compiy with the Americans with Disabilities be required to collect and report training data. The employment Act and ali rules and regulations established there under. data should reflect the work force on board during all or any part Employers must provide reasonable accommodation in all of the last payroll period preceding the end of July. employment activities unless to do so would cause an undue hardship. III. NONSEGREGATED FACILITIES
9. Selection of Subcontractors, Procurement of Materials and This provision is applicable to all Federal- aid construction contracts Leasing of Equipment: The contractor shall not discriminate on and to all related construction subcontracts of$ 10, 000 or more. the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including The contractor must ensure that facilities provided for employees procurement of materials and leases of equipment. The contractor are provided in such a manner that segregation on the basis of shall take all necessary and reasonable steps to ensure race, color, religion, sex, or national origin cannot result. The nondiscrimination in the administration of this contract. contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The a. The contractor shall notify all potential subcontractors and contractor's obligation extends further to ensure that its employees suppliers and lessors of their EEO obligations under this contract. are not assigned to perform their services at any location, under the contractor' s control, where the facilities are segregated. The term b. The contractor will use good faith efforts to ensure subcontractor " facilities" includes waiting rooms, work areas, restaurants and compliance with their EEO obligations. other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single- user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.
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Local Assistance Procedures Manual Exhibit 72- G
Required Federal- Aid Contract Language
FHWA- 1273-- Revised May 1, 2012
IV. DAVIS- BACON AND RELATED ACT PROVISIONS
i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and This section is applicable to all Federal- aid construction projects exceeding$ 2, 000 and to all related subcontracts and lower- tier ( ii) The classification is utilized in the area by the construction subcontracts( regardless of subcontract size). The requirements industry; and apply to all projects located within the right- of-way of a roadway that is functionally classified as Federal- aid highway. This excludes roadways functionally classified as local roads or rural minor iii) The proposed wage rate, including any bona fide fringe benefits, collectors, which are exempt. Contracting agencies may elect to bears a reasonable relationship to the wage rates contained in apply these requirements to other projects. the wage determination.
The following provisions are from the U. S. Department of Labor 2) If the contractor and the laborers and mechanics to be regulations in 29 CFR 5. 5" Contract provisions and related matters" employed in the classification( if known), or their with minor revisions to conform to the FHWA- 1273 format and representatives, and the contracting officer agree on the FHWA program requirements. classification and wage rate( including the amount designated for fringe benefits where appropriate), a report of the action
1. Minimum wages
taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U. S. Department of Labor, Washington, DC a. All laborers and mechanics employed or working upon the site 20210. The Administrator, or an authorized representative, will of the work, will be paid unconditionally and not less often than approve, modify, or disapprove every additional classification once a week, and without subsequent deduction or rebate on any action within 30 days of receipt and so advise the contracting account( except such payroll deductions as are permitted by o cer or will notify the contracting officer within the 30- day regulations issued by the Secretary of Labor under the Copeland period that additional time is necessary.
Act( 29 CFR part 3)), the full amount of wages and bona fide fringe benefits( or cash equivalents thereof) due at time of payment 3) In the event the contractor, the laborers or mechanics to be computed at rates not less than those contained in the wage employed in the classification or their representatives, and the determination of the Secretary of Labor which is attached hereto contracting o cer do not agree on the proposed classification and made a part hereof, regardless of any contractual relationship and wage rate( including the amount designated for fringe which may be alleged to exist between the contractor and such benefits, where appropriate), the contracting officer shall refer laborers and mechanics. the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Contributions made or costs reasonably anticipated for bona fide Hour Administrator for determination. The Wage and Hour fringe benefits under section 1( b)( 2) of the Davis- Bacon Act on Administrator, or an authorized representative, will issue a behalf of laborers or mechanics are considered wages paid to such determination within 30 days of receipt and so advise the laborers or mechanics, subject to the provisions of paragraph 1. d. contracting officer or will notify the contracting officer within the of this section; also, regular contributions made or costs incurred for 30- day period that additional time is necessary. more than a weekly period( but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, 4 The wa e rate mcludin frin e benefits where a ro riate are deemed to be constructively made or incurred during such 9 g 9 pp p weekly period. Such laborers and mechanics shall be paid the determined pursuant to paragraphs 1. b.( 2) or 1. b.( 3) of this appropriate wage rate and fringe benefits on the wage
section, shall be paid to all workers performing work in the determination for the classification of work actually performed, classification under this contract from the first day on which work without regard to skili, except as provided in 29 CFR 5. 5( a)( 4). s performed in the classification.
Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each c. Whenever the minimum wage rate prescribed in the contract for classification for the time actually worked therein: Provided, That a class of laborers or mechanics includes a fringe benefit which the employer' s payroll records accurately set forth the time spent in is not expressed as an hourly rate, the contractor shall either each classification in which work is performed. The wage pay the benefit as stated in the wage determination or shall pay determination( including any additional classification and wage another bona fide fringe benefit or an houriy cash equivalent rates conformed under paragraph 1. b. of this section) and the thereof.
Davis- Bacon poster( WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a d. If the contractor does not make payments to a trustee or other prominent and accessible place where it can be easily seen by the workers. third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or b. ( 1) The contracting officer shali require that any class of program, Provided, That the Secretary of Labor has found, upon the laborers or mechanics, including helpers, which is not listed in the written request of the contractor, that the applicabie standards of wage determination and which is to be employed under the contract the Davis- Bacon Act have been met. The Secretary of Labor may shall be classified in conformance with the wage determination. The require the contractor to set aside in a separate account assets for contracting o cer shall approve an additional classification and the meeting of obligations under the plan or program. wage rate and fringe benefits therefore only when the following criteria have been met:
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Local Assistance Procedures Manual Exhibit 12- G
Required Federal- Aid Contract Language
FHWA- 1273-- Revised May 1, 2012
2. Withholding
current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the The contracting agency shall upon its own action or upon written State DOT, the FHWA or the Wage and Hour Division of the request of an authorized representative of the Department of Labor, Department of Labor for purposes of an investigation or audit of withhold or cause to be withheld from the contractor under this compliance with prevailing wage requirements. It is not a violation contract, or any other Federal contract with the same prime of this section for a prime contractor to require a subcontractor to contractor, or any other federally- assisted contract subject to Davis- provide addresses and social security numbers to the prime Bacon prevailing wage requirements, which is held by the same contractor for its own records, without weekly submission to the prime contractor, so much of the accrued payments or advances as contracting agency.
may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required ( 2) Each payroli submitted shall be accompanied by a" Statement by the contract. In the event of failure to pay any laborer or of Compliance," signed by the contractor or subcontractor or his mechanic, including any apprentice, trainee, or helper, employed or or her agent who pays or supervises the payment of the working on the site of the work, all or part of the wages required by persons employed under the contract and shali certify the the contract, the contracting agency may, after written notice to the following:
contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds i That the payroll for the payroll period contains the information until such violations have ceased. required to be provided under§ 5. 5( a)( 3)( ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained
3. Payroiis and basic records under§ 5. 5( a)( 3)( i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a ( ii) That each laborer or mechanic( including each helper, period of three years thereafter for all laborers and mechanics apprentice, and trainee) employed on the contract during the working at the site of the work. Such records shall contain the payroll period has been paid the full weekly wages eamed, name, address, and social security number of each such worker, without rebate, either directly or indirectly, and that no his or her correct classification, hourly rates of wages paid deductions have been made either directly or indirectly from the including rates of contributions or costs anticipated for bona fide full wages earned, other than permissible deductions as set fringe benefits or cash equivalents thereof of the types described in foRh in Regulations, 29 CFR part 3; section 1( b)( 2)( B) of the Davis- Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. ( iii) That each laborer or mechanic has been paid not less than the Whenever the Secretary of Labor has found under 29 CFR applicable wage rates and fringe benefits or cash equivalents
5. 5( a)( 1)( iv) that the wages of any laborer or mechanic include the for the classification of work performed, as specified in the amount of any costs reasonably anticipated in providing benefits applicable wage determination incorporated into the contract. under a plan or program described in section 1( b)( 2)( B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that ( 3) The weekly submission of a properly executed certification set the plan or program is financially responsible, and that the plan or forth on the reverse side of Optional Form WH- 347 shall program has been communicated in writing to the laborers or satisfy the requirement for submission of the" Statement of mechanics affected, and records which show the costs anticipated Compliance" required by paragraph 3. b.( 2) of this section. or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall 4) The falsification of any of the above certifications may subject maintain written evidence of the registration of apprenticeship the contractor or subcontractor to civil or criminal prosecution programs and certification of trainee programs, the registration of under section 1001 of title 18 and section 231 of title 31 of the the apprentices and trainees, and the ratios and wage rates United States Code.
prescribed in the applicable programs.
b. ( 1) The contractor shall submit weekly for each week in which c. The contractor or subcontractor shall make the records any contract work is performed acopy of all payrolls to the required under paragraph 3. a. of this section available for contracting agency. The payrolis submitted shall set out accurately nspection, copying, or transcription by authorized
and completely all of the information required to be maintained representatives of the contracting agency, the State DOT, the under 29 CFR 5. 5( a)( 3)( i), except that full social security numbers FNWA, or the Department of Labor, and shall permit such and home addresses shall not be included on weekly transmittals. representatives to interview employees during working hours Instead the payrolls shall only need to include an individually on the job. If the contractor or subcontractor fails to submit the identifying number for each employee( e.g., the last four digits of required records or to make them available, the FHWA may, the employee' s social security number). The required weekly payroll after written notice to the contractor, the contracting agency or information may be submitted in any form desired. Optional Form the State DOT, take such action as may be necessary to
WH- 347 is available for this purpose from the Wage and Hour use the suspension of any further payment, advance, or Division Web site at
guarantee of funds. Furthermore, failure to submit the required http:// www. dol. gov/ esa/ whd/ forms/ wh347instr. htm or its successor records upon request or to make such records available may site. The prime contractor is responsible for the submission of be grounds for debarment action pursuant to 29 CFR 5. 12. copies of payrolis by all subcontractors. Contractors and subcontractors shall maintain the full social security number and Page of 15 of 29
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Required Federal- Aid Contract Language
FHWA- 1273-- Revised May 1, 2012
4. Apprentices and trainees The ratio of trainees to joumeymen on the job site shall not be greater than permitted under the plan approved by the Employment a. Apprentices( programs of the USDOL). and Training Administration.
Apprentices will be permitted to work at less than the predetermined Every trainee must be paid at not less than the rate specified in the rate for the work they perFormed when they are employed pursuant approved program for the trainee' s level of progress, expressed as to and individually registered in a bona fide apprenticeship program a percentage of the journeyman hourly rate specified in the registered with the U. S. Department of Labor, Employment and applicable wage determination. Trainees shall be paid fringe Training Administration, Office of Apprenticeship Training, Employer benefits in accordance with the provisions of the trainee program. If and Labor Services, or with a State Apprenticeship Agency the trainee program does not mention fringe benefits, trainees shall recognized by the Office, or if a person is employed in his or her be paid the full amount of fringe benefits listed on the wage first 90 days of probationary employment as an apprentice in such determination uniess the Administrator of the Wage and Hour an apprenticeship program, who is not individually registered in the Division determines that there is an apprenticeship program program, but who has been certified by the O ce of Apprenticeship associated with the corresponding journeyman wage rate on the Training, Employer and Labor Services or a State Apprenticeship `^ age determination which provides for less than full fringe benefits A enc where a ro riate to be eli ible for robationa
for apprentices. Any employee listed on the payroil at a trainee rate 9 Y pp p g p ry who is not registered and participating in a training plan approved employment as an apprentice. by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for The allowable ratio of apprentices to joumeymen on the job site in the classification of work actually performed. In addition, any trainee any craft classification shall not be greater than the ratio permitted performing work on the job site in excess of the ratio permitted to the contractor as to the entire work force under the registered under the registered program shall be paid not less than the program. Any worker listed on a payroll at an apprentice wage rate, applicable wage rate on the wage determination for the work who is not registered or otherwise employed as stated above, shall actually performed. be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In n the event the Employment and Training Administration withdraws addition, any apprentice performing work on the job site in excess approval of a training program, the contractor will no longer be of the ratio permitted under the registered program shall be paid not Permitted to utilize trainees at less than the applicable less than the applicable wage rate on the wage determination for predetermined rate for the work pertormed until an acceptable the work actually pertormed. Where a contractor is performing program is approved. construction on a project in a locality other than that in which its program is registered, the ratios and wage rates( expressed in percentages of the joumeyman' s hourly rate) specified in the c. Equal employment opportunity. The utilization of apprentices, contractor' s or subcontractor' s registered program shali be trainees and journeymen under this part shall be in conformity observed. with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice' s level of progress, d. Apprentices and Trainees( programs of the U. S. DOT). expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid Apprentices and trainees working under apprenticeship and skill fringe benefits in accordance with the provisions of the training programs which have been certified by the Secretary of apprenticeship program. If the apprenticeship program does not Transportation as promoting EEO in connection with Federal- aid specify fringe benefits, apprentices must be paid the full amount of highway construction programs are not subject to the requirements fringe benefits listed on the wage determination for the applicable of paragraph 4 of this Section IV. The straight time hourly wage classification. If the Administrator determines that a different rates for apprentices and trainees under such programs will be practice prevails for the applicable apprentice classification, fringes established by the particular programs. The ratio of apprentices and shall be paid in accordance with that determination. trainees to journeymen shall not be greater than permitted by the terms of the particular program.
In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by 5. Compiiance with Copeland Act requirements. The contractor the Office, withdraws approval of an apprenticeship program, the shall comply with the requirements of 29 CFR part 3, which are contractor will no longer be permitted to utilize apprentices at less incorporated by reference in this contract. than the applicable predetermined rate for the work performed until an acceptable program is approved.
6. Subcontracts. The contractor or subcontractor shall insert b. Trainees( programs of the USDOL). Form FHWA- 1273 in any subcontracts and also require the subcontractors to include Form FHWA- 1273 in any lower tier subcontracts. The prime contractor shall be responsible for the Except as provided in 29 CFR 5. 16, trainees will not be permitted to compliance by any subcontractor or lower tier subcontractor with all work at less than the predetermined rate for the work performed the contract clauses in 29 CFR 5. 5. unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal .
Contract termination: debarment. A breach of the contract certification by the U. S. Department of Labor, Employment and clauses in 29 CFR 5. 5 may be grounds for termination of the Training Administration. contract, and for debarment as a contractor and a subcontractoras provided in 29 CFR 5. 12.
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Local Assistance Procedures Manual Exhibit 12- G
Required Federal- Aid Contract Lanstuaqe
FHWA- 1273-- Revised May 1, 2012
8. Compliance with Davis- Bacon and Related Act requirements. 3. Withholding for unpaid wages and liquidated damages. The All rulings and interpretations of the Davis- Bacon and Related Acts FHWA or the contacting agency shall upon its own action or upon contained in 29 CFR parts 1, 3, and 5 are herein incorporated by written request of an authorized representative of the Department of reference in this contract. Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor
9. Disputes concerning labor standards. Disputes arising out of under any such contract or any other Federal contract with the the labor standards provisions of this contract shall not be subject to same prime contractor, or any other federally- assisted contract the general disputes clause of this contract. Such disputes shall be subject to the Contract Work Hours and Safety Standards Act, resolved in accordance with the procedures of the Department of hich is held by the same prime contractor, such sums as may be Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the determined to be necessary to satisfy any liabilities of such meaning of this clause include disputes between the contractor( or contractor or subcontractor for unpaid wages and liquidated any of its subcontractors) and the contracting agency, the U. S. damages as provided in the clause set forth in paragraph( 2.) of this Department of Labor, or the employees or their representatives. section.
10. Certification of eligibility.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph( 1.) through( 4.) of this section and also a clause requiring the subcontractors to a. By entering into this contract, the contractor certifies that neither it inciude these clauses in any Iower tier subcontracts. The prime nor he or she) nor any person or firm who has an interest in the contractor shall be responsible for compliance by any subcontractor contractor' s firm is a person or firm ineligible to be awarded or lower tier subcontractor with the clauses set forth in paragraphs Government contracts by virtue of section 3( a) of the Davis- 1.) through( 4.) of this section.
Bacon Act or 29 CFR 5. 12( a)( 1).
b. No part of this contract shall be subcontracted to any person or VI. SUBLETTING OR ASSIGNING THE CONTRACT firm ineligible for award of a Government contract by virtue of section 3( a) of the Davis- Bacon Act or 29 CFR 5. 12( a)( 1). This provision is applicable to all Federal- aid construction contracts on the National Highway System.
c. The penalty for making faise statements is prescribed in theU. S.
1. The contractor shall perform with its own organization contract Criminal Code, 18 U. S. C. 1001. work amounting to not less than 30 percent( or a greater percentage if specified elsewhere in the contract) of the total V. CONTRACT WORK HOURS AND SAFETY STANDARDS original contract price, excluding any specialty items designated ACT by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items The following clauses apply to any Federal- aid construction contract performed may be deducted from the total original contract price in an amount in excess of$ 100, 000 and subject to the overtime before computing the amount of work required to be performed provisions of the Contract Work Hours and Safety Standards Act. by the contractor' s own organization( 23 CFR 635. 116).
These clauses shall be inserted in addition to the clauses required a. The term" perform work with its own organization" refers to by 29 CFR 5. 5( a) or 29 CFR 4. 6. As used in this paragraph, the workers employed or leased by the prime contractor, and terms laborers and mechanics include watchmen and guards. equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or
1. Overtime requirements. No contractor or subcontractor equipment of a subcontractor or lower tier subcontractor, contracting for any part of the contract work which may require or agents of the prime contractor, or any other assignees. The involve the employment of laborers or mechanics shall require or term may include payments for the costs of hiring leased permit any such laborer or mechanic in any workweek in which he employees from an employee leasing firm meeting all relevant or she is employed on such work to work in excess of forty hours in Federal and State regulatory requirements. Leased such workweek unless such laborer or mechanic receives employees may only be included in this term if the prime compensation at a rate not less than one and one- half times the contractor meets all of the following conditions:
basic rate of pay for all hours worked in excess of forty hours in such workweek. 1) the prime contractor maintains control over the supervision of the day- to- day activities of the leased employees;
2) the prime contractor remains responsible for the qualiry of the
2. Violation; liability for unpaid wages; liquidated damages. In Work of the leased employees; the event of any violation of the clause set forth in paragraph( 1.) of ( 3) the prime contractor retains all power to accept orexclude this section, the contractor and any subcontractor responsible individual employees from work on the project; and
therefor shall be liable for the unpaid wages. In addition, such 4) the prime contractor remains ultimately responsible for the contractor and subcontractor shall be liable to the United States( in payment of predetermined minimum wages, the submission of the case of work done under contract for the District of Columbia or payrolis, statements of compliance and all other Federal a
territory, to such District or to such territory), for liquidated regulatory requirements. damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and b." Specialty Items" shall be construed to be limited to work that guards, employed in violation of the clause set forth inparagraph( 1.) requires highly specialized knowledge, abilities, or equipment of this section, in the sum of$ 10 for each calendar day on which not ordinarily available in the type of contracting organizations such individual was required or permitted to work in excess of the qualified and expected to bid or propose on the contract as a standard workweek of forty hours without payment of the overtime whole and in general are to be limited to minor components of wages required by the clause set forth in paragraph( 1.) of this the overall contract. section.
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Required Federal- Aid Contract Language
2. The contract amount upon which the requirements set forth in VIII. FALSE STATEMENTS CONCERNING HIGHWAY paragraph( 1) of Section VI is computed includes the cost of PROJECTS material and manufactured products which are to be purchasedor produced by the contractor under the contract provisions. This provision is applicable to all Federal- aid construction contracts and to all related subcontracts.
3. The contractor shall furnish( a) a competent superintendent or supervisor who is employed by the firm, has full authority todirect In order to assure high quality and durabie construction in conformity pertormance of the work in accordance with the contract with approved plans and specifications and a high degree of requirements, and is in charge of all construction operations reliability on statements and representations made by engineers, regardless of who performs the work) and( b) such other of its contractors, suppliers, and workers on Federal- aid highway projects, own organizational resources( supervision, management, and it is essential that all persons concerned with the project perform engineering services) as the contracting officer determines is their functions as carefully, thoroughly, and honestly as possible. necessary to assure the performance of the contract. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To
4. No portion of the contract shall be sublet, assigned orotherwise prevent any misunderstanding regarding the seriousness ofthese disposed of except with the written consent of the contracting and similar acts, Form FHWA- 1022 shall be posted on each officer, or authorized representative, and such consent when Federal- aid highway project( 23 CFR 635j in one or more places given shall not be construed to relieve the contractor of any where it is readily available to all persons concerned with the project:
responsibility for the fulfiliment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all 18 U. S. C. 1020 reads as follows:
pertinent provisions and requirements of the prime contract.
Whoever, being an o cer, agent, or employee of the United
5. The 30% self- performance requirement of paragraph( 1) is not States, or of any State or Territory, or whoever, whether a person, applicable to design- build contracts; however, contracting association, firm, or corporation, knowingly makes any false agencies may establish their own self- performancerequirements. statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work pertormed or to be performed, or the VII. SAFETY: ACCIDENT PREVENTION cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or This provision is applicable to all Federal- aid construction contracts related project submitted for approval to the Secretary of and to all related subcontracts. Transportation; or
1. In the performance of this contract the contractor shall comply Whoever knowingly makes any faise statement, false with all applicable Federal, State, and local laws governing safety, representation, false report or false claim with respect to the health, and sanitation( 23 CFR 635). The contractor shall provide character, quality, quantity, or cost of any work performed or to be all safeguards, safety devices and protective equipment and take performed, or materials furnished or to be furnished, in connection any other needed actions as it determines, or as the contracting with the construction of any highway or related project approved by o cer may determine, to be reasonably necessary to protect the the Secretary of Transportation; or life and health of employees on the job and the safety of thepublic and to protect property in connection with the perFormance of the Whoever knowingly makes any false statement or false work covered by the contract. representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal- aid Roads Act
2. It is a condition of this contract, and shall be made a condition of approved July 1, 1916,( 39 Stat. 355), as amended and each subcontract, which the contractor enters into pursuant to this supplemented; contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in Shall be fined under this title or imprisoned not more than 5 years surroundings or under conditions which are unsanitary, hazardous or both." or dangerous to his/ her health or safety, as determined under X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
construction safety and health standards( 29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with VI ATER POLLUTION CONTROL ACT SeCtion 107 of the ContraCt Work Hours and Safety Standards ACt This provision is applicable to all Federal- aid construction contracts 40 U. S. C. 3704). and to all related subcontracts.
3. Pursuant to 29 CFR 1926. 3, it is a condition of this contract that By submission of this bid/ proposal or the execution of this contract, the Secretary of Labor or authorized representative thereof, shall or subcontract, as appropriate, the bidder, proposer, Federal- aid have right of entry to any site of contract pertormance to inspector construction contractor, or subcontractor, as appropriate, will be investigate the matter of compliance with the construction safety deemed to have stipulated as follows:
and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety 1. That any person who is or will be utilized in the Standards Act( 40 U. S. C. 3704). performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be included the requirements of paragraph( 1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements.
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Required Federal- Aid Contract Language
FHWA- 1273-- Revised May 1, 2012
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
transaction, without modification, in all lower tier covered
INELIGIBILITY AND VOLUNTARY EXCLUSION
transactions and in all solicitations for lower tier covered transactions exceeding the$ 25. 000 threshold.
This provision is applicable to all Federal- aid construction contracts, h. A participant in a covered transaction may rely upon a certification design- build contracts, subcontracts, lower- tier subcontracts, of a prospective participant in a lower tier covered transaction that purchase orders, lease agreements, consultant contracts or any is not debarred, suspended, ineligible, or voluntarily excluded from other covered transaction requiring FHWA approval or that is the covered transaction, unless it knows that the certification is estimated to cost$ 25, 000 or more— as defined in 2 CFR Parts 180 erroneous. A participant is responsib e for ensuring that its and 1200. principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its
1. Instructions for Certification— First Tier Participants: principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, checkthe a. By signing and submitting this proposal, the prospective first tier Excluded Parties List System website( https:// www. epis. qov/), participant is providing the certification set out below. which is compiled by the Generai Services Administration. b. The inability of a person to provide the certification set out below Nothing contained in the foregoing shall be construed to require will not necessarily result in denial of participation in this covered the establishment of a system of records in order to render ingood transaction. The prospective first tier participant shall submit an faith the certification required by this clause. The knowledge and explanation of why it cannot provide the certification set out below. information of the prospective participant is not required to exceed The certification or expianation will be considered in connection that which is normally possessed by a prudent person in the with the department or agency' s determination whether to enter ordinary course of business dealings. into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall j Except for transactions authorized under paragraph( of these disqualify such a person from participation in this transaction. instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is c. The certification in this clause is a material representation of fact suspended, debarred, ineligible, or voluntarily excluded from upon which reliance was placed when the contracting agency participation in this transaction, in addition to other remedies determined to enter into this transaction. If it is later determined available to the Federal Government, the department or agency that the prospective participant knowingly rendered an erroneous may terminate this transaction for cause ordefault. certification, in addition to other remedies available to the Federal ••* Government, the contracting agency may terminate this
transaction for cause of default. 2. Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion— First Tier Participants:
d. The prospective first tier participant shall provide immediatewritten notice to the contracting agency to whom this proposal is a. The prospective first tier participant certifies to the best ofits submitted if any time the prospective first tier participant learns that knowledge and belief, that it and its principals:
its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from e. The terms" covered transaction,"" debarred,"" suspended," participating in covered transactions by any Federal department ineligible,"" participant,"" person,"" principal," and" voluntarily or agency; excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200." First Tier Covered Transactions" refers to any covered ( 2) Have not within a three- year period preceding this proposal transaction between a grantee or subgrantee of Federal funds and been convicted of or had a civil judgment rendered againstthem a participant( such as the prime or general contract)." Lower Tier for commission of fraud or a criminal offense in connection with Covered Transactions" refers to any covered transaction under a obtaining, attempting to obtain, or performing a public( Federal, First Tier Covered Transaction( such as subcontracts)." First Tier State or local) transaction or contract under a public transaction; Participant" refers to the participant who has entered into a violation of Federal or State antitrust statutes or commission of covered transaction with a grantee or subgrantee of Federal funds embeulement, theft, forgery, bribery, falsification or destruction such as the prime or general contractor)." Lower Tier ParticipanY' of records, making false statements, or receiving stolen refers any participant who has entered into a covered transaction property; with a First Tier Participant or other Lower Tier Participants( such as subcontractors and suppliers). 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity( Federal, State or local) with f. The prospective first tier participant agrees by submitting this commission of any of the offenses enumerated in paragraph proposal that, should the proposed covered transaction be entered a)( 2) of this certification; and into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ( 4) Have not within a three- year period preceding this ineligible, or voluntarily excluded from participation in this covered application/ proposal had one or more publictransactions transaction, unless authorized by the department or agency Federal, State or local) terminated for cause ordefault. entering into this transaction.
b. Where the prospective participant is unable to certify to any of g. The prospective first tier participant further agrees by submitting the statements in this certification, such prospective participant this proposal that it will include the clause titled" Certification shall attach an explanation to this proposal.
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered Page of 19 of 29
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FHWA- 1273-- Revised May 1, 2012
2. Instructions for Certification- Lower Tier Participants: h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good Applicable to all subcontracts, purchase orders and other lower tier faith the certification required by this clause. The knowledge and transactions requiring prior FHWA approval or estimated to cost normally possessed by a prudent person in the ordinary course of 25, 000 or more- 2 CFR Parts 180 and 1200) business dealings. a. By signing and submitting this proposal, the prospective lowertier i. Except for transactions authorized under paragraph e of these is providing the certification set out below. instructions, if a participant in a covered transaction knowingly b. The certification in this clause is a material representation of fact enters into a lower tier covered transaction with a person who is upon which reliance was placed when this transaction was suspended, debarred, ineligible, or voluntarily excluded from entered into. If it is later determined that the prospective lower tier Participation in this transaction, in addition to other remedies participant knowingly rendered an erroneous certification, in available to the Federal Government, the department or agency addition to other remedies available to the Federal Govemment, With which this transaction originated may pursue available the department, or agency with which this transaction originated remedies, including suspension and/or debarment. may pursue available remedies, including suspension and/ or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower Tier Participants:
c. The prospective lower tier participant shall provide immediate written 1. The prospective lower tier participant certifies, by submission of notice to the person to which this proposal is submitted if this proposal, that neither it nor its principals is presently at any time the prospective lower tier participant learns that its debarred, suspended, proposed for debarment, declared certification was erroneous by reason of changed circumstances. ineligible, or voluntarily excluded from participating in covered d. The terms" covered transaction,"" debarred,"" suspended," transactions by any Federal department or agency. ineligible,"" participant,"" person,"" principal," and" voluntarily 2 Where the prospective Iower tier participant is unable to certify to excluded," as used in this ciause, are defined in 2 CFR Parts 180 ' and 1200. You may contact the person to which this proposal is any of the statements in this certification, such prospective submitted for assistance in obtaining a copy of those regulations. Participant shail attach an explanation to this proposal.
First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds "`"' and a participant( such as the prime or general contract)." Lower XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS Tier Covered Transactions" refers to any covered transaction FOR LOBBYING under a First Tier Covered Transaction( such as subcontracts). This provision is applicable to all Federal- aid construction contracts First Tier PaRicipanY' refers to the participant who has entered and to all related subcontracts which exceed$ 100, 000( 49 CFR into a covered transaction with a
grantee or subgrantee of 20).
Federal funds( such as the prime or general contractor)." Lower Tier ParticipanY' refers any participant who has entered into a
1. The prospective participant certifies, by signing and submitting covered transaction with a First Tier Participant or other Lower this bid or proposal, to the best of his or her knowledge and Tier Participants( such as subcontractors and suppliers). belief, that:
e. The prospective lower tier participant agrees by submitting this a. No Federal appropriated funds have been paid or will be paid, proposal that, should the proposed covered transaction be by or on behalf of the undersigned, to any person for influencing entered into, it shall not knowingly enter into any lower tier or attempting to influence an officer or employee of any Federal covered transaction with a person who is debarred, suspended, agency, a Member of Congress, an officer or employee of declared ineligible, or voluntarily excluded from participation in Congress, or an employee of a Member of Congress in this covered transaction, unless authorized by the department or connection with the awarding of any Federal contract, the agency with which this transaction originated. making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the f. The prospective lower tier participant further agrees by submitting extension, continuation, renewal, amendment, or modification of this proposal that it will include this clause titled" Certification any Federal contract, grant, loan, or cooperative agreement.
Regarding Debarment, Suspension, Ineligibility and Voluntary b. If any funds other than Federal appropriated funds have been Exclusion- Lower Tier Covered Transaction," without modification, paid or will be paid to any person for influencing or attempting to in all lower tier covered transactions and in all solicitations for influence an officer or employee of any Federal agency, a lower tier covered transactions exceeding the$ 25, 000 threshold. Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this g. A participant in a covered transaction may rely upon a Federal contract, grant, loan, or cooperative agreement, the certification of a prospective participant in a lower tier covered undersigned shall complete and submit Standard Form- LLL, transaction that is not debarred, suspended, ineligible, or Disclosure Form to Report Lobbying," in accordance with its voluntarily excluded from the covered transaction, unless it knows instructions. that the ceRification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or othennrise ineligible to participate in covered transactions. To verify the eligibility of its principals, as weil as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website https: t/ www. epis. qov/), which is compiled by the General Services Administration.
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Required Federal- Aid Contract Language
2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U. S. C. 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than$ 10, 000 and not more than$ 100, 000 for each such failure.
3.The prospective paRicipant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed information of participant is not required to exceed that which is$ 100, 000 and that all such recipients shall certify and disclose accordingly.
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Required Federal- Aid Contract Language
12. FEMALE AND MINORITY GOALS
To comply with Section II, " Nondiscrimination," of" Required Contract Provisions Federal- Aid Construction Contracts," the following are for female and minority utilization goals for Federal- aid construction contracts and subcontracts that exceed $ 10, 000:
The nationwide goal for female utilization is 6. 9 percent.
The goals for minority utilization [ 45 Fed Reg 65984 ( 10/ 3/ 1980)] are as follows:
MINORITY UTILIZATION GOALS
Economic
Goal
Area
Percent)
Redding CA:
174 Non- SMSA( Standard Metropolitan Statistical Area) Counties: 6• 8 CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama Eureka, CA
175 Non- SMSA Counties: 6. 6
CA Del Norte; CA Humboldt; CA Trinity
San Francisco- Oakland- San Jose, CA:
SMSA Counties:
7120 Salinas- Seaside- Monterey, CA 28• 9
CA Monterey
7360 San Francisco- Oakland 25. 6
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA
19. 6
176
CA Santa Clara, CA
7485 Santa Cruz, CA
14. 9
CA Santa Cruz
7500 Santa Rosa
9 CA Sonoma
8720 Vallejo- Fairfield- Napa, CA 17. 1
CA Napa; CA Solano
Non- SMSA Counties: 23. 2
CA Lake; CA Mendocino; CA San Benito
Sacramento, CA:
SMSA Counties:
77 6920 Sacramento, CA 16. 1
CA Placer; CA Sacramento; CA
Yolo Non- SMSA Counties 14. 3
CA Butte; CA Colusa; CA EI Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba
Stockton- Modesto, CA:
SMSA Counties:
5170 Modesto, CA 12. 3
CA Stanislaus
8120 Stockton, CA 24. 3
CA San Joaquin
Non- SMSA Counties 19. 8
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne Fresno- Bakersfield, CA
SMSA Counties:
179 0680 Bakersfield, CA 19. 1
CA Kern
2840 Fresno, CA 26. 1
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Requlred Federal- Aid Contract Language
CA Fresno
Non- SMSA Counties: 23. 6
CA Kings; CA Madera; CA Tulare
Los Angeles, CA:
SMSA Counties:
0360 Anaheim- Santa Ana- Garden Grove, CA 11. 9
CA Orange
4480 Los Angeles- Long Beach, CA
28. 3
CA Los Angeles
6000 Oxnard- Simi Valley-Ventura, CA
21. 5
180 CA Ventura
6780 Riverside- San Bernardino- Ontario, CA
19. 0
CA Riverside; CA San Bernardino 9 7
7480 Santa Barbara- Santa Maria- Lompoc, CA
CA Santa Barbara 24. 6
Non- SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
San Diego, CA:
SMSA Counties
7320 San Diego, CA 16. 9
181 CA San Diego
Non- SMSA Counties 8 2
CA Imperial
For the last full week of July during which work is perFormed under the contract, the prime contractor and each non material- supplier subcontractor with a subcontract of$ 10, 000 or more must complete Form FHWA PR- 1391 ( Appendix C to 23 CFR 230). Submit the forms by August 15.
13. TITLE VI ASSURANCES
The U. S. Department of Transportation Order No. 10502A requires all federal- aid Department of Transportation contracts between an agency and a contractor to contain Appendix A and E. Appendix B only requires inclusion if the contract impacts deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein. Appendices C and D only require inclusion if the contract impacts deeds, licenses, leases, permits, or similar instruments entered in#o by the recipient.
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest( hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a. Compliance with Requlations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, ( hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub- applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21. 5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub- aareements, Includinq Procurements of Materials and Eauiqment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment,