AUGUST 8, 2022 – Regular Meeting Agenda – 7:00 p.m.
Printed on Recycled Paper See Reverse
47+---
August 8, 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
Brad Taylor, 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
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 August 8, 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/1602472477?pwd=Vm54dHNOYmFvU3B aY05JQ3E1Rlp3QT09
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: 160 247 2477 / Passcode: 076878
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 [email protected] 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 August 8, 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: [email protected]. 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 August 8, 2022 Lathrop City Council Regular Meeting Agenda Page 3
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, AUGUST 8, 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)
• 1 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 – None
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 4 August 8, 2022 Lathrop City Council Regular Meeting Agenda Page 4 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 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 Regular Council Meeting of July 11, 2022
4.3 SECOND READING AND ADOPTION OF ORDINANCE 22-438 OF THE CITY
OF LATHROP APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LATHROP AND CENTRAL CALIFORNIA GREENS, INC. (DA-22-81) Waive Full Reading and Adopt Ordinance 22-438 by Title Only to Approve the Development Agreement between the City of Lathrop and Central California Greens, Inc. (DA-22-81)
4.4 COMPLETE ANNUAL PERFORMANCE REVIEW PROCESS FOR CITY MANAGER
AND CITY ATTORNEY
Adopt Resolution Approving Amendment Number Three to the City Manager Employment Agreement, Amendment Number Two to the City Attorney Employment Agreement, and Related Budget Amendment
4.5 RATIFICATION OF AMENDMENT NO. 1 TO THE AGREEMENT WITH TRIDENT K-9 CONSULTING TO PURCHASE A THIRD K-9 AND PROVIDE HANDLER’S COURSE TO THE ADDITIONAL K-9 TEAM FOR THE LATHROP POLICE DEPARTMENT CIP GG 21-11
Adopt Resolution Ratifying the City Manager’s Action to Execute Amendment No. 1 to the Agreement with Trident K-9 Consulting to Purchase a Third K-9 and Provide Handler’s Course to the Additional K-9 Team for the Lathrop Police Department CIP GG 21-11
5 August 8, 2022 Lathrop City Council Regular Meeting Agenda Page 5
4.6 APPROVE AMENDMENT NO. 1 WITH ROBERT HALF INTERNATIONAL, INC.
TO PROVIDE PROFESSIONAL SERVICES
Adopt Resolution Approving Amendment No. 1 with Robert Half International, Inc. to Provide Professional Services Associated with EnerGov Implementation
4.7 APPROVE AMENDMENT NO. 3 WITH LUHDORFF & SCALMANINI
CONSULTING ENGINEERS, CONTRACT CHANGE ORDER NO. 4 WITH
COMMERCIAL PUMP & MECHANICAL, INC., AND RELATED BUDGET
AMENDMENT FOR WELL 10 TESTING, ANALYSIS AND MODIFICATIONS, CAPITAL IMPROVEMENT PROJECT PW 22-37
Adopt Resolution Approving Amendment No. 3 with Luhdorff & Scalmanini Consulting Engineers, Contract Change Order No. 4 with Commercial Pump & Mechanical, Inc., and Related Budget Amendment for the Well 10 Testing, Analysis and Modifications, Capital Improvement Project PW 22-37
4.8 APPROVE PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH DARRYL ALEXANDER & ASSOCIATES, INC. FOR ON-CALL LAND SURVEY
AND MAPPING SERVICES
Adopt Resolution Approving a Professional Consulting Services Agreement with Darryl Alexander & Associates, Inc. to Provide On-Call Land Survey and Mapping Services
4.9 APPROVE TASK ORDER NO. 10 WITH CRANE TRANSPORTATION GROUP TO CONTINUE THE 2022 TRAFFIC MONITORING PROGRAM AND ANALYSIS
AND RELATED BUDGET AMENDMENT
Adopt Resolution Approving Task Order No. 10 with Crane Transportation Group to Continue the Preparation of the 2022 Traffic Monitoring Program and Analysis, Pursuant to Master Consulting Agreement dated June 11, 2018 and Related Budget Amendment
4.10 APPROVE PURCHASE OF STREETLIGHTS FOR INSTALLATION ON LOUISE
AVENUE FOR THE LOUISE AVENUE AND LATHROP ROAD LANDSCAPE IMPROVEMENTS, CAPITAL IMPROVEMENT PROJECT GG 21-15
Adopt Resolution Approving the Purchase of Twelve (12) Single Decorative Street Lights and Twenty-Four (24) Twin Decorative Streetlights for the Louise Avenue and Lathrop Road Landscape Improvement Project, Capital Improvement Project, GG 21-15
4.11 APPROVE PARCEL MAP 21-03 AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE SCANNELL PROPERTIES INDUSTRIAL PROJECT LOCATED AT 1520 LATHROP ROAD
Adopt Resolution Approving Parcel Map 21-03 and Subdivision Improvement Agreement with Scannell Properties #478, LLC for the Scannell Properties Industrial Project Located at 1520 Lathrop Road
4.12 ACCEPT PUBLIC IMPROVEMENTS AND SIDEWALK EASEMENT FOR THE DUKE REALTY DEVELOPMENT LOCATED AT 16825 MURPHY PARKWAY AND AUTHORIZE THE RELEASE OF BONDS ASSOCIATED WITH EP NO. 2020-41 6 August 8, 2022 Lathrop City Council Regular Meeting Agenda Page 6 Adopt Resolution Accepting Public Improvements and Sidewalk Easement for the Duke Realty Development Located at 16825 Murphy Parkway and Authorize the Release of Bonds Associated with Encroachment Permit No. 2020-41
4.13 AWARD CONSTRUCTION CONTRACT TO SINCLAIR GENERAL ENGINEERING CONSTRUCTION INC. FOR CORPORATION YARD REMODELING - FUEL TANK FOOTINGS, CAPITAL IMPROVEMENT PROJECT GG 21-13
Adopt Resolution Awarding a Construction Contract to Sinclair General Engineering Construction Inc. for the Corporation Yard Remodeling – Fuel Tank Footings, Capital Improvement Project GG 21-13
4.14 AWARD CONSTRUCTION CONTRACT WITH GEORGE REED, INC. FOR CIP PS 22-45 FISCAL YEAR 2022/23 ROAD MAINTENANCE AND REHABILITATION
PROJECT AND APPROVE RELATED BUDGET AMENDMENT
Adopt Resolution Awarding Construction Contract with George Reed, Inc. for CIP PS 22-45 Fiscal Year 2022/23 Road Maintenance and Rehabilitation Project and Approving Related Budget Amendment
RIVER ISLANDS CONSENT ITEM(S)
4.15 CREATE CAPITAL IMPROVEMENT PROJECT RW 23-02 FOR RECYCLED WATER OPERATIONS AND PERMITTING AND APPROVE AMENDMENT NO. 1 WITH WOODARD & CURRAN, INC. AND RELATED BUDGET AMENDMENT Adopt Resolution Approving the Creation of Capital Improvement Project RW 23-02 for Recycled Water Operations and Permitting and Approving Amendment No. 1 with Woodard & Curran and Related Budget Amendment
4.16 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY WESTSIDE
LANDSCAPE & CONCRETE FOR THE BANTA JOINT USE COMMUNITY PARK IMPROVEMENTS, CIP PK 22-40
Adopt Resolution Accepting Public Improvements Constructed by Westside Landscape & Concrete, Inc. for the Banta Joint Use Community Park Improvements Cricket Pitch, CIP PK 22-40, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
5. SCHEDULED ITEMS
5.1 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING TITLE 9 “PUBLIC PEACE AND WELFARE” OF THE LATHROP MUNICIPAL CODE BY ADDING NEW CHAPTER 9.24 TITLED “PROPERTY AND EVIDENCE”
The City Council to Consider the Following:
1. Hold a Public Hearing; and
2. First Reading and Introduction of an Ordinance Amending Title 9 “Public Peace and Welfare” of the Lathrop Municipal Code by Adding New Chapter 9.24 Titled “Property and Evidence”
7 August 8, 2022 Lathrop City Council Regular Meeting Agenda Page 7
5.2 APPOINTMENT OF VOTING DELEGATE/ALTERNATE FOR 2022 LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE
Approve Appointment of the City’s Voting Delegate and Alternate for the 2022 League of California Cities Annual Conference, September 7-9, 2022
5.3 REVIEW AND CONSIDER OPTIONS FOR ROUNDABOUT IMPROVEMENTS AT
BROOKHURST BLVD AND GOLDEN SPIKE TRAIL
Council to Consider Options for Roundabout Improvements at Brookhurst Blvd and Golden Spike Trail
6. COUNCIL COMMUNICATIONS
6.1 COUNCILMEMBER DIALLO REFERRAL – Discuss Distribution of American Rescue Plan Act (ARPA) Funds
6.2 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)
6.3 MAYOR & COUNCILMEMBER COMMENT(S)
7. ADJOURNMENT
/Teresa Vargas/
Teresa Vargas, MMC
Government Services Director/City Clerk
8 ITEM 4. 2
CITY OF LATHROP
CYTY COUNCIL REGULAR MEETING
MONDAY, JULY 11, 2022
7: 00 P. M.
OI i ICYL CHi4N16ER, CITIf H LL
390 Towne Centre Drive
Lathrop, CA 95330
MINUTES
PLEASE NOTE: There was a C/osed Session which commended at 5• 04 a m The Reuu/ ar Meetina reconvened at 7:06 n.m.
1. PRELIMINARY
1. 1 CALL TO ORDER - Mayor Dhaliwal called the meeting to order at 5: 04 p. m.
1. 2 CLOSED SESSION
1. 2. 1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code Section 54957
City Manager
City Attorney
1. 2. 2 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956. 9( b)
2 Potential Case( s)
RECONVENE - Mayor Dhaliwal reconvened the meeting at 7: 06 p. m.
1. 2. 3 REPORT FROM CLOSED SESSION
Mayor Dhaliwal directed Government Services Director / City Clerk ( City Clerk) Teresa Vargas to provide report from Closed Session regrading Item
1. 2. 1. Ms. Vargas stated that the City Council met in Closed Session regarding the performance evaluations of the City Manager and City Attorney. The City Council decision was unanimous, direction was provided to appropriate funds for a 6% salary increase for the City Manager and a 5% salary increase for the City Attorney.
City Attorney Salvador Navarrete reported that direction was provided in regards to Item 1. 2. 2; no other reportable action taken.
1. 3 ROLL CALL Present: Vice Mayor Lazard; Mayor Dhaliwal; Councilmembers: Akinjo, Diallo and
Torres O' Callaghan
Absent: None
uly 11, 2022 Lathrop City Council Regular Meeting Minutes Page 1 9
1. 4 INVOCATION - Pastor pon Britton, Grace Community Church, provided the invocation.
1. 5 PLEDGE OF ALLEGIANCE - Pastor Britton led the pledge of allegiance.
1. 6 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER
City Manager Stephen Saivatore provided an overview of current road closures and roadwork activity.
1. 7 INFORMATIONAL ITEM( S) - None
1. 8 DECLARATION OF CONFLICT( S) OF INTEREST
Vice Mayor Lazard declared a conflict of interest with Items 4. 11 and 4. 12, due to her employment with Dell' Osso Farms. Councilmember Diallo declared a conflict of interest with Items 4. 11 and 4. 12, due to an agreement with the River Islands Development. Councilmember TorresO' Callaghan declared a conflict of interest with Item 5. 4, due to her place of residence within the Mossdale area.
2. PRESENTATIONS
2. 1 RECOGNITION OF THE LATHROP HIGH CHOOL BOYS VOLLEYBALL TEAM Mayor Dhaliwal presented a plaque to the Lathrop High School Boys Volleyball Team and a certificate of recognition to Coach Toa Fa' ali' I for the Lathrop High School Boys Volleyball Team' s 15- 0 undefeated season in the Boys Varsity Western Athletic Conference Championship.
2. z
FRONTIER COMMUNICATIONS PRESENTATION PROVIDED BY DOUGLAS
MCALLISTER, VICE PRESIDENT, EXTERNAL AFFAIRS
Douglas McAllister, Vice President with Frontier Communications provided the presentation, which included an overview of a new fiber optic network to support high- speed internet service for the Lathrop area.
2. 3 INTRODUCTION OF NEW EMPLOYEES:
Assistant City Manager Michael King introduced new Public Works Department employees: Management Analyst Carlos Carrillo, Assistant Engineer Steven Hollenbeck, Construction Inspector Jason Reyes, and Chief Building Official Ed Short.
Chief of Police Raymond Bechler introduced new Police Department employees: Police Officers Jonathan Bengard, Michael Bower, Clinton Armstrong, Coleman Elliott, Nathanael Novello, Amador Almanza; Community Services Officers Liliana Espinoza Hernandez and Roberto Franco; and Records Assistant Earleen Chambers.
July 11, 2022 Lathrop City Council 10
Regular Meeting Minutes Page 2
Police Officer Nicole Valker- Taylor was not available for introduction.
2. 4 LATHROP POLICE DEPARTMENT PRESENTATION
Chief of Police Raymond Bechler provided a verbal update on the launch of the new Lathrop Police Department on June 29, 2022. The summary included the foilowing information: averaged approximately 39 service cails per day, average of 82 incidents per day, 38 arrests, and issued 140 police reports since the launch.
2. 5 PROCLAMATION RECOGNIZING THE IMPORTANCE OF ACCESS TO LOCAL
PARKS, RECREATION, TRAILS, OPEN SPACE, AND FACILITIES FOR THE
POSITIVE DEVELOPMENT OF THE LATHROP COMMUNITY AND CITIZENS, AND DECLARING JULY 2022 AS PARKS AND RECREATION MONTH
Councilmember Torres- O' Callaghan provided the proclamation to Parks, Recreation, and Maintenance Services Director Todd Sebastian declaring July 2022 as Parks and Recreation month.
2. 6 MAYOR' S COMMITTEE REPORT( S)
Parks, Recreation & Maintenance Services Update on Committee Events and Programs
Parks, Recreation and Maintenance Services Director Todd Sebastian reported a summary of the following past and upcoming events and programs:
Cooling Zone
Reported that the City of Lathrop will activate a Cooling Zone when the temperature is forecasted to be 103 degrees or higher for more than three consecutive days, or 105 degrees or higher on an individual day. The Cooling Zone will located at the Lathrop Police Department Community Room located at 940 River Island Parkway.
The Cooling Zone will operate from 12: 00 p. m. to 7: 00 p. m., and will close by 6 p. m. if not in use.
Summer Lunch Program
Reported that Manteca Unified School District offers free summer meals, Monday - Friday, from June 1 thru July 22, at the following locations: Mossdale Park from 11: 00 a. m. to 11: 30 a. m., Leland & Jane Stanford Park from 11: 45 a. m. to 12: 15 p. m., and Valverde Park from 12: 30 p. m. to 1: 00 p. m. Me ls are offered to children 2- 18 years old; food must be eaten on premises.
Past Special Events
Provided an overview on past recent special events: Community Garage Sale held May 14, 2022; Memorial Day Event held May 30, 2022; Movies in the Park held Friday nights in June; Police Department Grand Opening held ) une 25, 2022, Police Department July 11, 2022 Lathrop City Council 11
Regular Meeting Minutes Page 3
Pinning Ceremonies held May 17 and June 1, 2022; and the Lathrop Anniversary Celebration held uly 1, 2022.
Upcoming Specia{ Events
Provided an overview on various upcoming events: Concerts in the Park scheduled for Friday nights in July at 6: 30 p. m. at the Generations Center; Family Fun Night scheduled for Friday, August 12, 2022, at 6: 00 p. m. at Mossdale Park; Family Campout scheduled for August 20- 21, 2022 at Leland & Jane Stanford Park; and Comedy Under the Stars scheduled for September 16, 2022 at the Generations Center, 18 years and over.
3. CITIZEN' S FORUM
James Chessmoon ( in person speaker) expressed concern with people driving around in donut patterns at the intersection of Bella Place and Eagle Lane; requested traffic calming measures in the subject area. Lawrence Abbott ( zoom speaker) expressed interest in the beautification of the City' s storm drain ponds.
Maria Zavalza ( in person speaker) expressed concern with the traffic improvements at the roundabout located at Brookhurs Blvd and Golden Spike Trail; Ms. Zavalza submitted a signed petition requesting the City Council to stop work in the subject area. Christina Laughlin ( zoom speaker) expressed concern with potentially putting the roundabout improvement project on hold.
4. CONSENT CALENDAR
On a motion by Vice Mayor Lazard, seconded by Councilmember TorresO' Callaghan, the City Council approved the Consent Calendar, except Items * 4. 11 through 4. 12, by the following roll call vote, unless otherwise indicated:
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: None
Items 4. 11 to 4. 12 were voted on separately from the Consent Calendar.
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 Councilmember.
4. 2 APPROVAL OF MINUTES
Approved Minutes for the Regular Council Meeting of) une 13, 2022.
4. 3 ACCEPT THE CITY OF LATHROP ANNUAL COMPREHENSIVE FINANCIAL REPORT ( ACFR) FOR THE FISCAL YEAR ENDING JUNE 30, 2021 July 11, 2022 Lathrop City Council 12
Regular Meeting Minutes Page 4
Pulled by Councilmembers Diallo and Akinjo. A question and answer period ensued. Deputy Finance Director Thomas Hedegard provided additional information.
Adopted Resolution 22- 5106 accepting the City of Lathrop Annual Comprehensive Financial Report ( ACFR) for the Fiscal Year ending June 30, 2021.
4. 4 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY AMERICAN PAVEMENT SYSTEMS, INC. FOR THE MANTHEY ROAD REHABILITATION, CIP PS 21- 08 Adopted Resolution 22- 5107 accepting public improvements constructed by American Pavement Systems, Inc. for the Manthey Road rehabilitation, CIP PS 21- 08, authorized the filing of a Notice of Completion, released contract retention, and released of Performance and Payment Bonds.
4. 5 ACCEPT PUBLIC IMPROVEMENTS FOR PHASE 1 OF THE GATEWAY
DEVELOPMENT AND AUTHORIZE RELEASE OF BONDS ASSOCIATED WITH THE SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 19- 03 Adopted Resolution 22- 5108 accepting public improvements for Phase 1 of the Gateway Development and authorizing the release of bonds associated with the Subdivision Improvement Agreement for Parcel Map 19- 03.
4. 6 ACCEPT PUBLIC IMPROVEMENTS WITH ASSOCIATED CONDITIONS FOR TRACT 4062, PHASE 1C, IN THE CENTRAL LATHROP SPECIFIC PLAN FROM
LATHROP LAND ACQUISITION, LLC
Adopted Resolution 22- 5109 accepting public improvements with associated conditions for Tract 4062, Phase 1C, in the Central Lathrop Specific Plan from Lathrop Land Acquisition, LLC.
4. 7 MUNICIPAL SERVICE REVIEW UPDATE AND SPHERE OF INFLUENCE PLAN Pulled by Councilmember Akinjo. Councilmember Akinjo commented on the item and thanked staff for their work on the matter.
Adopted Resolution 22- 5110 authorizing staff to submit the Municipal Service Review Update and Sphere of Influence Plan to the San Joaquin Local Agency Formation Commission for review and approval.
4. 8 CREATE CAPITAL IMPROVEMENT PROJECT PS 23- 01 CITY- WIDE TRAFFIC
SYSTEMS AND SAFETY UPGRADES PROJECT, AN APPROVE RELATED
BUDGET AMENDMENT
Pulled by Vice Mayor Lazard and Councilmember Torres- O' Callaghan. A question and answer period ensued. Assistant City Manager Michael King and City Engineer Brad Taylor rovid ci additional inf ormation.
July 11, 2022 Lathrop City Counc;
13 Regular Meeting M; rutes Page 5
Adopted Resolution 22- 5. 11 creating CIP PS 23- 01 citywide traffic systems and safety upgrades project, approved related budget amendment, and amended scope to include the major arterial streets off Louise Avenue and Harlan Road.
4. 9 AMEND THE CITY OF LATHROP' S EMPLOYEE TRAVEL EXPENSE
REIMBURSEMENT POLICY AND PROCEDURE
Puiled by Councilmember Diallo. A question and answer period ensued.
Finance Director Cari James provided additional information.
Adopted Resolution 22- 5112 amending the City of Lathrop' s employee travel expense reimbursement policy and procedures, as amended to include an increase in the meals reimbursement allowance to $ 100 per day with receipts to be provided at the conclusion of the travel); and language designating Councilmembers as non- employees on the policy. Furthermore, the City Council agreed to amend meal allowances at the time of out- ofstate travel approval for staff and City Council.
4. 10 APPROVE THE RECLASSIFICATION OF ONE ( 1) PART- TIME SENIOR
RECREATION LEADER POSITION TO A FULL TIME SENIOR RECREATION LEADER POSITION IN THE RECREATION DIVISION, AND ONE ( 1) FULLTIME MAINTENANCE WORKER POSITION TO A FULL- TIME MAINTENANCE
SUPERVISOR POSITION IN THE STREETS AND MAINTENANCE DIVISION OF
THE PARKS, RECREATION, AND MAINTENANCE SERVICES DEPARTMENT Pulled by Councilmember Akinjo. A question and answer period ensued.
Parks, Recreation and Maintenance Services Director Todd Sebastian provided additional information.
Adopted Resolution 22- 5113 approving the reclassification of one ( 1) part-time Senior Recreation Leader Position to a Full- Time Senior Recreation Leader Position in the Recreation Division, and One ( 1) Full- Time Maintenance Worker to a Maintenance Supervisor in the Streets and Maintenance Division of the Parks, Recreation and Maintenance Services Department
RIVER ISLANDS CONSENT ITEM( S)
Vice Mayor Lazard and Councilmember Diallo recused themselves at 9: 18 p. m., following the vote of the consent calendar ( Items 4. 1 to 4. 10), prior to the vote of Item 4. 11, due to declared conflict of interested as noted on Item 1. 8. There was a brief pause in the meeting, due to a lack of quorum, while Councilmember Akinjo stepped down from the dais at 9: 18 p. m, and returned to the dais at 9: 20 p. m.
City Attorney Salvador Navarrete announced that Vice Mayor Lazard was stepping down due to receiving $ 500 or more, due to her employment with Dell' Osso Farms, and Councilmember Diallo was stepping down due to an agreement with the River Islands Development, and the Fair Political Practices Commission ( FPPC) determination/ legal opinion on the matter was pending,
July 11, 2022 Lathrop City Council 14
Regular Meeting Minutes Page 6
On a motion by Councilmember Torres- O' Callaghan, seconded by Councilmember Akinjo, the City Council approved Items 4. 11 and 4. 12, by the following roll call vote, unless otherwise indicated:
Ayes: Akinjo, Torres- O' Callaghan and Dhaliwai
Noes: None
Absent: None
Abstain: Diallo and Lazard
4. 11 APPROVE FINAL MAP, CFD ANNEXATION, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 75 LOTS IN TRACT 4131 VILLAGE KK"
WITHIN OLD RIVER DISTRICT OF RIVER ISLANDS
Adopted Resolution 22- 5114 approving Final Map for Tract 4131 Village KK" within the Old River District, totaling 75 single- family lots, CFD Annexation No. 25, and Subdivision Improvement Agreement with River Islands Stage 2B, LLC.
4. 12 ADOPT 2022 ADEQUATE PROGRESS FINDING TOWARD PROVISION OF 200- YEAR URBAN LEVEL OF FLOOD PROTECTION FOR ISLAND
RECLAMATION DISTRICT 2062 ( RIVER ISLANDS PHASES 1 AND 2) Adopted Resolution 22- 5115 adopting 2022 adequate progress findings toward providing a 200- Year Urban Level of Flood Protection in Phases 1 and 2 Levees of Island Reclamation District 2062 by the Year 2025, actin as the Land Use Agency.
Vice Mayor Lazard and Councilmember Diallo returned to the dais at 9: 22 p. m.
S. SCHEDULED ITEMS
5. 1 PUBLIC HEARING AND APPROVAL OF THE MOSSDALE TRACT ENHANCED
INFRASTRUCTURE FINANCING DISTRICT ( MOSSDALE TRACT EIFD)
INFRASTRUCTURE FINANCING PLAN ( IFP)
City Manager Stephen Salvatore introduced the San Joaquin Area Flood Control Agency ( SJAFCA) Executive Director Chris Elias, Consultant Seth Wurzel, with Larsen Wurzel & Associates, Inc, and Amy Lapin, with Economic & Planning Systems, Inc., representing SJAFCA. Ms. Lapin and Mr. Wurzel provided the presentation. A question and answer period ensued. City Manager Stephen Salvatore provided additional information.
Mayor Dhaliwal opened the public hearing. Christina Laughlin, zoom speaker, requested additional clarification on the project funding options.
Lawrence Abbott, zoom speaker, spoke in support of financing levep improvements and beautifying open space areas. There were no other speakers. Mayor Dhaliwal closed the public hearing.
July il, 2022 Lathrop City Council 15
Regular Meeting Minutes Page 7,
On a motion by Councilmember Akinjo, seconded by Vice Mayor Lazard, the City Council conducted a public hearing and adopted Resolution 22- 5116 approving the Mossdale Tract Enhanced Infrastructure Financing District Mossdale Tract EIFD) Infrastructure Financing Plan ( IFP) Ayes: Akinjo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: Diallo
The City of Lathrop City Council Handbook of Rules and Procedures, page 13, Chapter IV, Section 8( 5) applies to abstentions without identified legal disqualifications.)
5. 2 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER ADOPTION OF THE
WEST/ CENTRAL LATHROP REGIONAL TRANSPORTATION AND CENTRAL
LATHROP SPECIFIC PLAN CAPITAL FACILITY FEE UPDATE STUDIES AND
THE FEES RECOMMENDED THEREIN
City Engineer Brad Taylor provided the presentation. A question and answer period ensued throughout the presentation. Mayor Dhaliwal opened the public hearing. There were no speakers. Mayor Dhaliwal closed the public hearing.
On a motion by Councilmember Akinjo, seconded by Councilmemb r Torres- O' Callaghan, the City Council:
l. Held a public hearing; and
2. Adopted Resolution 22- 5117 approving the West/ Central Lathrop Regional Transportation and Central Lathrop Specific Plan Capital Facility Fee Update Studies and the Fees
Recommended Therein
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: None
5. 3 PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER APPROVAL OF A
CONDITIONAL USE PERMIT AND DEVELOPMENT AGREEMENT FOR THE
CENTRAL CALIFORNIA GREENS PROJECT
Community Development Director Mark Meissner and Assistant Community Development Director Rick Caguiat provided the presentation. A question and answer period ensued throughout the presentation. Applicant Cory Travis, with Central California Greens Project, provided additiona! information related to the matter. Mayor Dhaliwal opened the public hearing. Fabian Ordaz, in person speaker, spoke in support of the matter. acqueline Anaya, in person speaker, spoke in support of the matter. uly 11, 2022 Lathrop City Council
16 Regular Meeting Minutes Page 8
Mayor Dhaliwal closed the public hearing. The question and answer perit l continued.
On a motion by Vice Mayor Lazard, seconded by Councilmember Torres7' Callaghan, the City ouncil considered the following:
1. Held a public hearing; and
2. Adopted Resolution 22- 5118 approving a Conditional Use Permit for the Central California Greens Project to operate a Cannabis Retail Dispensary and delivery facility in an existing multi- tenant building ( CUP- 22- 58), as amended to clarify deliveries within 600 feet of a school will take place one hour before or after school hours, and implement a digital queuing system.
3. Held first reading and introduced an ordinance to approving a Development Agreement between the City of Lathrop and
Central California Greens, Inc. ( DA- 22- 81).
Ayes: Diallo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: Akinjo
The City of Lathrop City Council Handbook of Rules and Procedures, page 13, Chapter IV, Section 8( 5) applies to abstentions without identified legal disqualifications.)
5. 4 REVIEW AND CONSIDER TRAFFIC CALMING IMPROVEMENTS AT BARBARA
TERRY BOULEVARD AND ADOBE WAY, JOHNSON FERRY ROAD AND
VICTORIAN TRAIL, AND JOHNSON FERRY ROAD AND FORTY NINER TRAIL Councilmember Torres- O' Callaghan recused herself at 10: 28 p. m., following Item 5.3, due to declared a conflict of interest with Item 5.4, due to her place of residence within the Mossdale area. City Attorney Salvador Navarrete explained that Councilmember Torres- O' Callaghan was stepping down as a precautionary measure, as the proposed improvements could be deemed as an impact to property values in the surrounding properties.
On a motion by Vice Mayor Lazard, seconded by Councilmember TorresO' Callaghan, the City Council considered options for traffic calming improvements at Barbara Terry Boulevard and Adobe Way, Johnson Ferry Road and Victorian Trail, And Johnson Ferry Road and Forty Niner Trail.
City Council consensus directed staff to install stop signs at the intersections of Adobe Way, Barbara Terry Boulevard, Johnson Ferry Road, Forty Niner Trail, and Victorian Trail.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: None
July 11, 2022 Lathrop City Council 17
Regular Meeting Minutes Page 9
Councilmember Torres- D' Cal/aghan returned to the dais at 10: 37 p. m.
5. 5 DISCUSS AND APPROVE AN OPTION AND LAND LEASE AGREEMENT FOR
THE CONSTRUCTION OF A NEW WIRELESS COMMUNICATIONS TOWER City Attorney Salvador Navarrete provided the presentation.
On a motion by Councilmember Akinjo, seconded by Vice Mayor Lazard, the City Council adopted Resolution 22- 5119 approving an Option and Land Lease Agreement for the Construction of a New Wireless Communications Tower.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan and Dhaliwal Noes: None
Absent: None
Abstain: None
6. COUNCIL COMMUNICATIONS
6. 1 MAYOR DHALIWAL REFERRAL - Appointment of Two ( 2) Members to the Parks and Recreation Commission with Term Ending ] une 30, 2025 Two ( 2) Applications Received
Mayor Dhaliwal made the following appointments:
Parks & Recreation Commission Term Expires
Ajit Singh Sandhu une 30, 2025
Jimmy Zien June 30, 2025
On a motion by Councilmember Akinjo, seconded by Vice Mayor Lazard, the City Council approved the appointment made by Mayor Dhaliwal as noted above.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None
Absent: None
Abstain: None
6. 2 MAYOR DHALIWAL REFERRAL - Appointment of Two ( 2) Members to the Planning Commission with Term Ending June 30, 2026
Two ( 2) Applications Received
Mayor Dhaliwal made the following appointments:
Planninq Commission Term Expires
Gloryanna Rhodes June 30, 2026
George Jackson June 30, 2026
uly 11, 2022 Lathrop City Council 18Regular Meeting Minutes Page 10 On a motion by Vice Mayor Lazard, seconded by Councilmember Akinjo, the City Council approved the appointment made by Mayor Dhaliwal as noted above.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None
Absent: None
Abstain: None
6. 3 MAYOR DHALIWAL REFERRAL - Appointment of One ( 1) Member to the Measure C Oversight Committee with Term Ending June 30, 2025 One ( 1) Application Received
Measure C Oversight Committee Term Expires
Michele Anderson June 30, 2025
On a motion by Councilmember Akinjo, seconded by Vice Mayor Lazard, the City Council approved the appointment made by Mayor Dhaliwal as noted above.
Ayes: Akinjo, Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal Noes: None
Absent: None
Abstain: None
6. 4 MAYOR & COUNCILMEMBER COMMITTEE REPORT( S) - None
6. 5 MAYOR & COUNCILMEMBER COMMENT( S)
Councilmember Akinjo thanked those in attendance and wished everyone a goodnight. Councilmember Torres- O' Callaghan welcomed new Fire Chief David Bramell and Chief of Police Raymond Bechler. Councilmember Diallo requested a referral to discuss distribution of ARPA funds as bonuses for city employees. Mayor Dhaliwal expressed condolences to the Mateo Family.
7. ADJOURNMENT - There being no further business, Mayor Dhaliwal adjourned the meeting at 10: 46 p. m. in memory of former Councilmember Christopher Mateo
esa Vargas, MMC
Government Services Director/ City Clerk
July 11, 2022 Lathrop City Council Regular Meetirg Minutes Page 11 19 20
ITEM 4. 3
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
22- 438 BY THE CITY COUNCIL OF THE CITY OF
LATHROP APPROVING THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF LATHROP AND
CENTRAL CALIFORNIA GREENS, INC. ( DA- 22- 81)
RECOMMENDATION: Waive Full Reading And Adopt Ordinance 22- 438 By Title Only To Approve The Development Agreement
Between The City Of Lathrop And Central California
Greens, Inc. ( DA- 22- 81)
RECOMMENDED ACTION:
The City Council to conduct second reading and adopt Ordinance 22- 438 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LATHROP AND CENTRAL CALIFORNIA GREENS, INC. ( DA- 22- 81)
SUMMARY:
On July 11, 2022, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal NOES: None
ABSTAIN: Akinjo
ABSENT: None
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
L 2
e esa Vargas, Cit lerk Date
21 ORDINANCE NO. 22- 438
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LATHROP AND CENTRAL CALIFORNIA GREENS, INC. ( DA- 22- 81) WHEREAS, the City of Lathrop City Council held a duly noticed public hearing to consider the Development Agreement between the City of Lathrop and Central California Greens, Inc. pursuant to the Lathrop Municipal Code; and WHEREAS, the request is for a Conditional Use Permit and Development Agreement to occupy an approximately 2, 000 square foot tenant space for a retail cannabis dispensary and delivery facility within an existing multi- tenant building High 5 Plaza) on a 0. 83- acre parcel on S. Harlan Road; and WHEREAS, the project is located at 16925 S. Harlan Road, Suite 103 ( APN:
198- 210- 10); and
WHEREAS, Central California Greens, Inc. a California corporation, have applied for approval of a Development Agreement; and
WHEREAS, California Government Code Section 65864 et seq. authorizes any city, county, or city and county to enter into an agreement for the development of real property within its jurisdiction; and
WHEREAS, the proposed Development Agreement has been reviewed by City staff and City Attorney, and who have recommended City Council review and approve the Development Agreement as attached and incorporated in the City Council Staff Report as Attachment " 6"; and
WHEREAS, the proposed Development Agreement is exempt according to California Environmental Quality Act ( CEQA) Article 19 § 15301 Class 1 " Existing Facilities". The proposed project would operate a cannabis dispensary in an existing multi- tenant retail building on S. Harlan Road. The proposed project is located within an existing facility and will involve tenant improvements. Site improvements such as paving, lighting, landscaping, off- street parking and curb, gutter, and sidewalk are fully developed; and
WHEREAS, proper notice of this public meeting was given in all respects as required by law including the publishing of a legal notice of the hearing in the Manteca Bulletin on or about June 23, 2022, email notification sent to Public Hearing subscribers on June 23, 2022, and mailed out to property owners located within 300- feet radius from the Central California Greens project site on June 23, 2022. In addition, the meeting agenda was posted at the Council Chambers bulletin board and three ( 3) other locations accessible to the public and posted to the City' s website; and
Ordinance No. 22- 438
22 WHEREAS, the City of Lathrop Planning Commission held a duly noticed public hearing at a regular meeting on June 15, 2022, at which they adopted PC Resolution No. 21- 5 finding consistency with the Lathrop General Plan and recommending the City Council approve the Development Agreement between the City of Lathrop and Central California Greens, Inc.; and WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop finds that the text of the Development Agreement is consistent with the Lathrop General Plan as amended, since there is no resultant change in zoning, land use standards, or other similar regulations, and that the Development Agreement is exempt according to the California Environmental Quality Act because:
a. The proposed Development Agreement involves organizational and financial matters that have no potential for direct or indirect physical effect on the environments.
b. The proposed Development Agreement is exempt according to CEQA Guidelines Article 19 § 15301 Class 1 " Existing Facilities". The proposed project would operate a cannabis dispensary and delivery facility in an existing multi- tenant building on S. Harlan Road. The proposed project is located within an existing facility and will involve tenant improvements. Site improvements such as paving, lighting, landscaping, off- street parking, curb, gutter and sidewalk are fully improved.
c. The proposed Development Agreement would not alter the physical nature of the Project Site or its potential environmental impacts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. This Ordinance incorporates, and by this reference makes a part hereof, that certain Development Agreement, as shown in Attachment 6 of the City Council Staff Report, relative to the Central California Greens Project.
Section 2. Based on the findings set forth in this Ordinance, and evidence in the Staff Report, the City Council hereby adopts the Ordinance for the proposed Development Agreement. This document shall be substantially in the form on file with the City Clerk.
Section 3. By Adoption Resolution No. 21- 4923 based on substantial evidence in the record, City Council, acting as the land use agency, adopted Adequate Progress Findings toward providing a 200- year Urban Level of Flood Protection in the Mossdale Tract Area by the year 2028, based upon the 2021 Annual Adequate Progress Report Update.
Ordinance No. 22- 438
23 Section 4. 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 to 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 5. 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 6. Effective Date. This Ordinance shall take legal effect 30 days from and after the date of its passage.
Section 7. 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.
THIS ORDINANCE was introduced at a meeting of the City Council of the City of Lathrop on the 11th day of July 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- 438
24 Revised Developer Agreemerrt between
Recording fees exempt pursuant to the City of Lathrop 8 Central Califomia Government Code§ 27383 Greens, LLC
Prepared by and after Recording Return to:
City of Lathrop
c/ o City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Space above this line for Recorder' s use
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT ( the " Agreement") is made this _ day of 2022, between the City of Lathrop, California, a general law city (" City"), and Central California Greens, Inc., a California corporation (" Operator"). City and Operator are individually referred to as " Party" or collectively as " Parties."
RECITALS
A. WHEREAS, Operator is the tenant of a long-term lease for the real property located at 16925 South Harlan Road 103, Lathrop, CA 95330 ( the " Property"); and B. WHEREAS, Operator plans to operate a cannabis dispensary ( the " Business") on the Property pursuant to Lathrop Municipal Code (" LMC") Chapter 5. 26; C. WHEREAS, the Parties mutually desire to enter into this Agreement to facilitate the development and expansion of community programs and infrastructure; and D. WHEREAS, California Government Code Sections 65864 et seq., authorizes municipalities to enter into development agreements at their discretion to establish certain development rights in real property for a period of years regardless of intervening changes in land use regulations, to vest certain land use rights in the Operator, and to meet certain public purposes in local government.
1 277607. 5
25 NOW, THEREFORE, in consideration of the above Recitals and mutual promises, conditions and covenants of the Parties in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. AUTHORITY FOR THIS AGREEMENT
a. This Agreement is authorized by Section 65865 of the Government Code of the State of California and LMC section 5. 26. 060.
b. Pursuant to this Agreement, City and Operator have taken all actions mandated by and fulfilled all requirements set forth in Section 65865 of the Government Code of the State of California.
c. Having duly examined and considered this Agreement and having held a properly noticed public hearing regarding this Agreement before the Planning Commission on date], 2022 and befare the City Council on [ date], 2022, the City Council declared this Agreement:
i. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; ii. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; iii. Is in conformity with public convenience, general welfare and good land use practice;
iv. Will not be detrimental to the health, safety and general welfare; and v. Will not adversely affect the orderly development of the property or the preservation of properry values.
2. AGREEMENT
a. TER1v. The term of this Agreement ( the " Term") shall commence upon the Effective Date defined below and continue perpetually, unless terminated earlier under Sections 9 or 10 of this Agreement. " Effective Date" is defined as the first date on which both of the following are true: ( i) the ordinance adopting this Agreement is effective, expected to be 30 days after second reading; and ( ii) the Operator has obtained City permits and approvals necessary to operate the Business. b. OPERATOR OBLIGATIONS.
i. In consideration for the rights granted by this Agreement, the Operator agrees to contribute to community benefits program to be implemented by the City:
1. A one- time, non- refundable payment of $ 79, 165. 50 (" Advance Payment") within sixty ( 60) days of the Effective Date of this Agreement; and
2 277607. 5
26 2. A monthly fee of five percent ( 5%) of in-store Gross Receipts and two percent ( 2°Io) of delivery Gross Receipts from operation of the retail storefront Business on the Property (" Fee") from and after the Effective Date.
3. Within 30 days of receipt of an invoice, Operator shall reimburse the City' s costs to implement this Agreement and to enforce Chapter 5. 26 of the City Code, including but not limited to:
a. The cost of an independent contractor to enforce this Agreement; b. Any law enforcement responses to the Property or the Business which exceed the level of service provided to other businesses in the City.
Operator may seek review of any such invoice by written request to the Finance Director of the City within the 30 days referenced in this subdivision and, if the Operator remains dissatisfied after such a review, may resart to its remedies under sections 10 and ll of this Agreement.
Failure to seek review within that time shall constitute waiver of the right to object to the invoice, which shall be immediately due and payable. ii. Although the funds collected pursuant to the Advance Payment and Fee may be appropriated for any lawful purpose in the discretion of the City Council, the Parties understand that the Advance Payment and Fee may be devoted to:
1) drug awareness programs; ( 2) recreational programs; ( 3) public safety programs, and ( 4) programs to address food insecurity and hunger in the City. iii. Gross Receipts Definition. " Gross Receipts" shall be as defined in Lathrop Municipal Code Section 5. 04. 010. In addition, any portion of the Operator' s payments to the City passed through to consumers or other third parties is excluded from " Gross Receipts, " provided, however, that no reference in that section to forms of business exchange not lawful as to the Business shall be read to permit such exchanges.
iv. The Fee shall be abated and shall not be due to and/ or collected by the City until such time as the total amount of the accrued Fee calculated in accordance with Section 2( b)( i)(2) after the Effective Date exceeds the amount of the Advance Payment. From and after such time, the Fee shall be due and payable to the City with respect to the amount that exceeds the Advance Payment in accordance with Section 2( b)( i)(2). If the Fee never exceeds the Advance Payment, the City has no obligation to return any portion of the Advance Payment to Operator. v. In addition to other reporting requirements described in this Agreement, Operator shall make a monthly return to City in a form specified by the Finance Directar of the City (" Finance Director"). The Operator shall, within 20 days following the close of each calendar month, or at the close of any shorter 3 a 6o. s
27 reporting period which may be established by the Finance Director, make a return to the Finance Director of gross receipts collected in that month and the amount of the Fee due on account of those receipts. When the return is filed, the full amount of the Fee due shall be remitted to the Finance Director. The Finance Director may establish shorter reporting periods for the Operator if he or she deems it necessary to ensure collection of the Fee and he or she may require further information in the return. Returns and payments are due immediately upon cessation of business for any reason. All Fees collected by the Operatars from customers shall be held in trust for the City until paid to Finance Director. Operator shall keep complete, accurate and appropriate books and records of all receipts from operations of the Business in accordance with generally accepted accounting principles. For purposes of this Agreement, books and records" shall mean all bookkeeping or accounting documents Operator typically utilizes in managing its Business operations. Operator shall make available to the City, its auditors, and other authorized representatives all books and records, and other relevant documents as the City may reasonably require, upon reasonable written notice. If the City determines at any time, in its sole discretion, such books and records are inadequate to record the Gross Receipts and to calculate the Fee, Operator shall, upon the written request of the City, procure and maintain books and records adequate for such purpose. vi. Operator shall provide the City courtesy copies of every report Operator must provide to the State of California as to sales and use or other taxes when such filings are made.
vii. At all times during the Term of this Agreement, Operator agrees to comply with all of the requirements of LMC Chapter 5. 26 as amended by the City from time to time and to hold and comply permits and other approvals issued by the City for operation of the Business.
viii. Operator shall nol advertise on any Outdoor Advertising Structul e ( OAS) located within the City limit of Lathrop. The OAS ( billbo irds) is defined in Section 17. 04. 080 of the Lathrop Municipal Code.
C. CITY BLIGATIONS.
i. Provided that Operator maintains current permits and approvals in compliance with LMC Chapter 5. 26 and applicable State law, as they now exist or may hereafter be amended, City hereby grants Operator the vested land use right to locate the Business on the Property consistent with the land use entitlements the City issues to Operator, which will include, but not be limited to: a conditional use permit, a business license certificate, building permits for tenant improvements to the Property, and other approvals required pursuant to LMC Chapter 5. 26. City shall not promulgate any land use rules, ordinances 4 277607. 5
28 or restrictions other than those in effect as of the Effective Date, which would unreasonably restrict, impair or prohibit the location of the Business on the Property, unless: ( i) the Parties agree to such land use rules, ordinances or restrictions in writing; or (ii) such land use rules, ordinances or restrictions are proposed by initiative and adopted by voters , or ( iii) such land use rules, ordinances or restrictions apply City- wide to any cannabis dispensary. In such an event, Operator will nevertheless be subject to those new land use rules, ordinances or restrictions but Operator may give a notice of default under section 10 of this Agreement and, upon resolution of that notice, shall thereafter be relieved of the obligations of this Agreement. ii. During the Term of this Agreement, if the City or voters adopt and impose an alternative revenue mechanism specifically related to cannabis operations ( e. g., a cannabis tax), Operator' s payments under this Agreement after the effective date of that alternative revenue mechanism shall be credited against the alternative revenue mechanism such that Operator shall only pay the greater of the two; in no circumstance shall Operator be required to pay both. As used in this subsection, " alternative revenue mechanism" does not include taxes, fees, or assessments levied on or collected from both cannabis and non- cannabis businesses in the City or the City' s application of regulatory fees under LMC Chapter 5. 26. If the City' s tax on cannabis commerce should ever exceed that of the City of Stockton for any reason, at Operator' s option, it may initiate good faith dialog with the City to explore whether that additional taxation is in the parties mutual interests given the risk of sales leakage to Stockton. City shall participate in those discussions in good faith, but is not obligated to agree to change its tax.
iii. City shall keep strictly confidential all statements of revenue furnished by Operator related to operation of the Business, except as otherwise required by law. In particular, the City will exercise its right to withhold such documents under Government Code section 6254, subdivisions ( i) and ( n).
3. GENERAL PLAN CONSISTENCY.
a. The City Council hereby finds the land use entitlements for Operator' s conduct of the Business are consistent with the Lathrop General Plan, including the policies noted below.
b. On December 17, 1991, the City adopted a comprehensive General Plan that included the Project Site within the City' s Sub- Plan Area# l. The General Plan has been amended periodically with the latest amendment on November 8, 2021. The adopted General Plan designated the Project Site for commercial use and provides for the development of this property in a manner that will benefit the City and the 5 277607. 5
29 community. Specifically, the Planning Commission and City Council find that approval of this Agreement and the associated land use entitlements will further these General Plan goals.
c. Goal No. 1 — Balancing the Social and Economic Costs and Benefits of Urbanization
i. General - Policy 1. The City' s ability to stay abreast of its financial and service capabilities will require continuous monitoring. Once a system is in place, it will be relatively easy to identify current conditions and to estimate the probable impacts of new development proposals. Rather than adhering to an arbitrarily fixed percentage of annual growth as a matter of policy, it will be the City' s responsibility to manage the growth rate in relation to physical and financial capability of municipal service while being consistent with all applicable policies and proposals of the General Plan.
ii. Commercial Development - Policy 1. Areas having early potential for retail and highway commercial development primarily involve lands located at the easterly quadrants of the Lathrop Road and Louise Avenue interchanges with I5. The largest commercial project being considered in the short term is a Factory Stores center proposed at the southeast quadrant of the Louise Avenue interchange.
iii. Commercial Development - Policy 4. Proposals for the classifications of retail activity described in Part IV-A of the Plan are to be considered as offering flexibility for ingenuity and innovation in the selection, promotion, design and development of commercial centers and uses.
d. Goal No. 2— Equal Opportunity
Policy 1. The City intends that positive benefits accrue to the community as a whole, through programs which maximize the potential of local residents to obtain jobs, assuming adequate training and personal characteristics. Contracts will be sought with employers of commercial and industrial establishments which will ensure the opportunity for employing qualified local residents. e. Goal No. 4— Quality in the Form, Design and Functions of the Urban Area:
Commercial and Industrial Areas - Policy 2. The visual interface between commercial/ industrial areas and residential areas shall be designed and developed so as to avoid obtrusive visual impacts of commercial or industrial activities on nearby residential areas.
f. Goal No. 8 — Public Safety Hazards:
Policy l. The City will continue to give high priority to the support of police protection, and to fire suppression and prevention and life safety functions of the Lathrop-Manteca Fire District. Ultimate expansion of the City' s fire service 6 277607. 5
30 is to include additional stations affording adequate response within a maximum of 3- 4 minutes to all parts of the urban area.
4. REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGEMENTS.
a. INTEREST IN PROPERTY. Operator represents and warrants that as of the Effective Date, Operator has an enforceable legal interest in the Property and that all persons holding legal or equitable interest in the Property have consented to this Agreement. b. AUTxolt TY. The Parties represent and warrant that the persons signing this Agreement are duly authorized to enter into and execute this Agreement on behalf of their respective principals.
5. RELATIONSHIP OF CITY AND OPERATOR. This Agreement is a contract that has been negotiated and voluntarily entered into by City and Operator related to land use. The relationship of Operator and City is and at all times shall remain solely that of City as a regulatory body and Operator as the operator of the Business. It is specifically understood and agreed by and between the Parties that the Business proposed to be conducted on the Property by Operator is a private development and a for-profit business. City and Operator hereby disclaim any form of joint venture or partnership between them, agree that nothing in this Agreement or in any document executed in connection with this Agreement shall be construed as making City and Operator joint venture partners.
6. PUBLIC HEARING. City Council approves this Agreement consistent with Government Code section 65867, after the Agreement was duly examined and considered at a properly noticed public hearings by the Planning Commission on [ date], 2022 and by the City Council on [ date], 2022.
7. APPLICABLE RULES, REGULATIONS AND POLICIES.
a. LAWS AND REGULATIONS APPLICABLE TO COMMERCIAL CANNABIS ACTIVITIES.
Operator shall comply fully with all existing and future State and local laws, rules and regulations applicable to Operator' s Business on the Property, including but not limited to LMC Chapter 5. 26, and shall ensure such compliance by all of Operator' s employees, contractors, vendors and members of the public invited or allowed access to the Property. Nothing in this Agreement shall be construed as the City authorizing or condoning any actions that violate federal, state or local law with respect to the Business or the Property. It shall be the responsibility of Operator to ensure that the Business operates at all times in compliance with all applicable laws and regulations, including for as long as applicable, all state laws, any subsequently enacted state or local law or regulatory, licensing, or certification standards or requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of a state license or of required City permits or approvals for the Business.
b. L cE1vSUxE oF OPE i'r olvs. Operator shall obtain and maintain all State and local 7 277607. 5
31 licenses and permits required for operation of the Business on the Property. The City understands that a Type 10 State license is required for operation of the Business.
8. AMENDMENT. This Agreement may be amended or canceled, in whole or in part, by mutual consent of the Parties in writing, consistent with Government Code section 65868, unless the City Manager or his designee determines that the amendment is insubstantial. If the Ciry Manager or his designee determines an amendment is both insubstantial and consistent with the Agreement and the City' s existing land use regulations, then the City Council may approve the proposed amendment without notice and a public hearing. An insubstantial amendment may not relate to the Term; conditions, terms, restrictions, and requirements relating to subsequent modification ar termination; monetary contributions; or any conditions or covenants relating to the use of the Property. An insubstantial amendment may include interpretation of terms contained herein, and clarification of ambiguities. An insubstantial amendment may also include logical extensions of terms and provisions of this Agreement which are not inconsistent with its provisions.
9. ANNUAL REVIEW OF AGREEMENT.
a. IN GENERAL. City shall annually review performance of this Agreement in accordance with this section and California Government Code section 65865. 1.
Operator shall provide any information the City requests to facilitate the annual review within 14 days of such request.
b. MODIFICATION OR TERMINATION. If the City Council finds and determines through an annual review, based on substantial evidence, that Operator has not complied in good faith with this Agreement, Ciry may terminate or modify the Agreement pursuant to Section 10 of this Agreement.
c. OTHER INVESTIGATIONS AND EVALUATIONS. City may investigate or evaluate, from time to time and as a part of an annual review or otherwise, any matter properly the subject of an annual review of this Agreement.
10. TERMINATION.
A. DEFAULT BY OPERATOR.
i. Termination. If City determines, based on substantial evidence, that Operator has not complied in good faith with the terms and conditions of the Agreement, City may terminate the Agreement as indicated herein.
ii. Notice of Proposed Termination. If Operator fails to address the identified default( s), Ciry may give Operator a written notice specifically identifying those obligations Operator has not performed and providing for a period of not less than 60 business days in which the Operator may cure the alleged breach unless the breach involves a payment to the City, in which case the Operator shall cure the default within five business days. If Operator does not cure the breach in that time or, if the breach is such that more time is needed to 8 277607. 5
32 complete it, commence the cure and inform the City of Operator' s efforts in the applicable time period, the City may give notice of a hearing on termination of this Agreement. The written notice shall include the time and place of the hearing and any other information that City considers necessary to inform Operator of the nature of the proceeding. Nothing herein shall entitle the City to rescind or adversely affect any land use entitlement held by Operator other than in compliance with the LMC and other applicable law. iii. Public Hearing on Proposed Termination. City shall give notice of the public hearing under Government Code sections 65090 and 65091. On conclusion of the public hearing, the City Council may, in lieu of termination, impose such conditions on Operator as it considers reasonably necessary to protect City' s interests. Such a hearing may, in the City' s discretion, be combined with a hearing to revoke land use entitlements under the procedures required by the LMC and other applicable law, including, without limitation, LMC section 17. 112. 120.
iv. Modification of Agreement. City may, instead of termination, modify the terms of the Agreement if it determines that Operator has not complied in good faith with the terms and conditions of this Agreement. If City modifies this Agreement under this subdivision, it must follow the procedures in sections 10( a)( ii), (a)( iii) of this Agreement.
9 277607. 5
33 B. DEFAULT BY CTTY. If City defaults under the provisions of this Agreement, Operatar shall have only the right to compel specific performance of City' s obligations under this Agreement or, as to the imposition of new land use rules, ordinances or restrictions other than those in effect as of the Effective Date, that unreasonably restrict, impair or prohibit the location of a cannabis dispensary on the Properry in violation of section
2. C. i of this Agreement, Operator may terminate this Agreement after complying with this section. Operator shall submit to City a written notice of default stating with specificity those obligations the City has not performed. Upon receipt of the notice of default, City may cure the identified default( s) at the earliest reasonable time after receipt of the notice of default and shall complete the cure within 90 days after receipt of the notice of default, or such longer period as is reasonably necessary to remedy such default( s), provided that City shall continuously and diligently pursue such remedy at all times until such default( s) is cured and regularly notify Operator of City' s efforts to remedy the default( s). Alternatively, City may dispute that a default exists and inform Operator in writing of the basis for City' s conclusion that no default has occurred. If the City disputes the alleged default, the Parties shall seek to resolve their differences by good faith dialog, with or without the assistance of a mediator. Ifthe dispute remains unresolved after 60 days of such dialog, either Party may seek declaratory relief or other appropriate judicial assistance.
11. SPECIFIC PERFORMANCE. Both Parties agree and recognize that Operator has invested considerable time and financial resources in establishment of the Business. For this reason, it may not be possible to determine an amount of monetary damages which would adequately compensate Operator for this work, nor calculate the consideration City would require to enter into this Agreement to justify such exposure. The Parties acknowledge that City would not enter into this Agreement if it might eXpose its assets and the public to the risk of damages arising from failed expectations in continued operation of the Business. Therefore, the Parties agree that monetary damages shall not be an adequate remedy for Operator if City is in default under this Agreement and City fails to remedy the default( s). The Parties further agree that specific performance ( or writ of mandate to compel a required act) shall be the sole available and appropriate remedy for Operator under this Agreement, and Operator shall not seek monetary damages if a default by City occurs under this Agreement or under any otherwise applicable legal basis for monetary damages. Operator agrees that in no event will City or its officers, agents, or employees, be liable for damages for any default under this Agreement; it being expressly understood and agreed by Operator that the sole legal remedy available to Operator for a default under this Agreement by City shall be a legal action in mandamus, specific performance, or other injunctive or declaratory relief to enforce the provisions of this Agreement except that, as to a default under section 2.C. i, Operator may also terminate this Agreement. 10 zn6o. s
34 12. INSURANCE. Operator shall at all times maintain insurance at coverage limits and with conditions thereon determined necessary and appropriate by the City' s Risk Manager.
13. ASSIGNMENT/ CHANGE OF LOCATION.
a. The provisions hereof shall be binding upon, and inure to the benefit of, City and Operator and their successors and permitted assigns, as the case or context may require.
This Agreement shall likewise be binding upon and obligate the Property and any successors in interest to the Property. Operator must obtain the City' s prior written consent to any assignment and comply with LMC Title 17 as to any transfer of City permits and approvals associated with the Property or the business. b. Should Operator request relocation of the Business, Operator will retain all obligations and responsibilities under this Agreement upon the City' s amendment, in the manner required by the LMC and other applicable law, of the Operator' s land use entitlements to allow operation at the relocation site.
14. INDEMNITY.
a. Operator agrees to protect, defend ( with legal counsel acceptable to City), indemnify and hold harmless City,its council members, officers, agents, independent contractors, attorneys and employees from any and all ( 1) claims, damages, penalties, losses, costs, expenses ( including reasonable attorneys' fees and court costs), injuries and liabilities of every kind arising out of or related to Operator' s conduct of the Business whether such conduct is by Operator or anyone directly employed or contracted with by Operator, and ( 2) claims challenging the City approval, legality, constitutionality, or enforceability of this Agreement or any other City action related to the Business. b. City' s rights of indemnity, as expressly set forth in this Agreement, shall not depend upon payment of any claim, damage, penalty, loss, cost, expense( including reasonable attorneys' fees and court costs), injury or liability sustained by Operator or its contractors, subcontractors, agents or employees. Operator shall not be entitled to a refund of any sums spent pursuant to this indemnity promise if Operator is adjudicated or determined to have been without fault or liability.
c. If City tenders the defense and indemnification of a claim to Operator and its contractors, subcontractors, agents or employees under this Section 14, City shall be entitled to actively supervise defense of the claim, and may select and retain separate counsel, at Operator' s or its contractors, subcontractors, agents or employees' expense, as necessary, which decision shall be made solely and exclusively by City.
City must consent to the disposition of any such claim, including but not limited to, the settlement of any such claim.
d. Within 10 days of the service of any claim or lawsuit against the City challenging this Agreement or any other City action related to the Business, the Operator shall submit to the City a$ 10, 000 cash deposit or irrevocable letter of credit in favor of the City in 11 277607. 5
35 a form acceptable to the City Attorney, to pay the City' s fees and costs in connection with the defense of any such claim or lawsuit and shall thereafter replenish the funds in increments of$ 5, 000 when requested by the City upon receipt of an accounting, so that the deposit is continuously maintained at $ 10, 000 or more. Failure to provide funds sufficient to satisfy this indemnification obligation shall constitute grounds for the City to take action to terminate this Agreement and to nullify any City permit or approval as to the Business. If the City holds remaining defense funds after any claim or lawsuit is resolved, the City sha11 refund them to Operator within 30 days of the resolution of the claim or lawsuit.
15. CEQA. Nothing in this Agreement shall authorize any development without compliance with the Planning and Zoning Law, the LMC, CEQA( to the extent it applies), the CEQA Guidelines, and other applicable law, policies and procedures. Because the Operator proposes only tenant improvements of an existing structure zoned for retail use, the City has determined that approval of this Agreement and the associated land use entitlements are categorically exempt from analysis under the California Environmental Quality Act pursuant to State CEQA Guidelines sections 15061( b)( 1) [" common sense" exemption], 15273 [ rates, tolls, and charges], 15301 [ existing facilities], 15305 [ minor alterations in land use limitations], and 15332 [ in-fill development].
16. MISCELLANEOUS.
a. Notices. All notices required by this Agreement or by law shall be in writing and personally delivered or sent by certified mail to the following addresses. Notice may be provided by email as well if receipt of that email notice is acknowledged by the recipient. Either Party may change the address stated here by notice in writing to the other Party, and thereafter notices shall be addressed and transmitted to the new address. Notice shall be deemed delivered on the date of personal delivery or email, one ( 1) day after delivery to an overnight delivery service and three ( 3) days after deposit in the U. S. Mail as certified mail.
Notice to City shall be addressed:
CITY OF LATHROP
ATTN: City Manager
390 Towne Centre Drive
Lathrop, California 953302
With a copy to
City Attorney
390 Towne Centre Drive
Lathrop, California 953302
Notice to Operator shall be addressed:
12 277607. 5
36 Central California Greens, Inc.
16925 So Harlan Road 103
Lathrop, CA 95330
With a Copy to:
Jennifer McGrath, Esq.
9114 Adams Avenue, # 264
Huntington Beach, CA 92646
b. Co1vs' ruUCT o1v oF AGxEE1v E1vT. Operator acknowledges that it has been advised to have this Agreement reviewed by counsel, and agrees that Operator and its counsel and/ or such other business and financial advisers as Operator desires) have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in interpreting this Agreement or any amendments or exhibits.
c. THIRD PARTY BENEFICIARIES. This Agreement is entered into for the sole benefit of the Parties and any successors. No other party (other than a permitted assignee under Section 13) shall have any cause of action or the standing to assert any rights under this Agreement.
d. ATTOR1vEY FEES. If any action at law or in equity is brought by either Party to enforce or interpret provisions of this Agreement against the other Party, then the prevailing Party shall be entitled to reimbursement by the non-prevailing Party for its reasonable and actual attorneys' fees and costs in the action.
e. SEVEUAB LI'rY. Should any provision of this Agreement be found invalid or unenforceable by a court of law, the decision shall affect only the provision interpreted and all remaining provisions shall remain enforceable.
f. INTEGu' r o1v. This Agreement constitutes the entire understanding and agreement of the Parties regarding its subject matter and supersedes any previous oral or written agreement. This Agreement may be modified or amended only by a subsequent writing executed by both Parties.
g. COUNTERPARTS; ELECTRONIC SIGNATURES. This Agreement may be signed in one or more counterparts and will be effective when the Parties have affixed their signatures to counterparts, at which time the counterparts together shall be deemed one original document. Signatures may be given by emailed pdf or other electronic means with the same force as hard copy signatures.
h. INCORPORATION. The recitals and all defined terms in this Agreement are part of this Agreement.
i. COVENANTS. City and Operator acknowledge that all covenants, obligations, and rights run with title to the Property. Each and every purchaser, assignee, or transferee 13 277607 S
37 of an interest in the Properry, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Property, or such portion thereof, sold, assigned, or transferred to it. Any such purchaser, assignee, or transferee shall observe and fully perform all the duties and obligations of Operator in this Agreement, as such duties and obligations pertain to the Properry, or such portion thereof, sold, assigned, or transferred to it.
j. GOOD FAITH A1vD FAIx DEALING. City and Operator agree to execute all documents and instruments and to take all action and shall use commercially reasonable efforts to accomplish the purposes of this Agreement. City and Operator shall each diligently, reasonably and in good faith pursue the satisfaction of any conditions or contingencies subject to their approval. Nothing in this section is intended to waive or contract away the City' s governmental authority.
k. ENFORCEMENT. This Agreement shall in all respects be interpreted, enforced, and governed under the laws of the State of California. Parties agree that any action to enforce this Agreement shall be filed and maintained in the San Joaquin County Superior Court and Operator hereby concedes the existence of personal jurisdiction there and consents to the jurisdiction of that Court for this purpose.
1. FEDERAL LAW. The Agreement involves the operation of a business or businesses involving cannabis retail sales. Under federal criminal law, marijuana remains a Schedule I narcotic, manufacture and distribution of which is prohibited, and for which there is no federally approved use. ( Controlled Substances Act, 21 U. S. C. Section 801 et seq.) The U.S. Department of Justice takes the position that the federal law is valid and enforceable even against individuals and companies engaged in cultivation, transportation, delivery or use of inedical or recreational marijuana as permitted under State law. Operator' s direct or indirect involvement in cultivation, dispensing, delivery and retail sale of inedical or adult use of cannabis could expose Operator to criminal liability for violating federal law. ( See the federal Criminal Accessory statute, 18 U. S. C. Section 2, which imposes accessorial liability against a person who intentionally aids or abets another in violating the narcotics law.) City shall not be obligated to defend or indemnify Operator or any person associated with Operator, if any criminal prosecution occurs arising out of activities related to this Agreement. The Parties agree the City' s role as to the Operator' s operation of the Business is solely that of a regulator.
m. TIME IS OF THE ESSENCE. Time is of the essence in this Agreement and every provision within it.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written:
14 277607. 5
38 City of Lathrop Central California Greens, Inc.
B y:
By: Donald Jimenez
Stephen J. Salvatore Chief Executive Officer
City Manager
Date:
Date:
B y:
Attest: Printed Name:
Teresa Vargas Title:
City Clerk
Date:
Date:
APPROVED AS TO FORM:
B y:
Michael G. Colantuono, Special Counsel
Date:
Property Owner Acknowledgement:
Kulwant Sran
B y:
Signature)
Date:
15 z bo. s
39 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
ss.
COUNTY OF
On 2022, before me,
personally appeared who proved to me on the basis
of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument, and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity(ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity( ies) upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seaL SEAL)
Notary' s Signature
277607. 5
40 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
ss.
COUNTY OF
On 2022, before me,
personally appeared who proved to me on the basis
of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument, and acknowledged to me that he/ she/ they executed the same in his/her/their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entiry(ies) upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. SEAL)
Notary' s Signature
277607. 5
41 42
ITEM 4.4
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: COMPLETE ANNUAL PERFORMANCE REVIEW
PROCESS FOR CITY MANAGER AND CITY ATTORNEY
RECOMMENDATION: ADOPT RESOLUTION APPROVING AMENDMENT
NUMBER THREE TO THE CITY MANAGER
EMPLOYMENT AGREEMENT, AMENDMENT NUMBER
TWO TO THE CITY ATTORNEY EMPLOYMENT
AGREEMENT, AND RELATED BUDGET AMENDMENT
BAC KG ROU N D:
The City Council reviews the performance of the two Council appointed officials, City Manager and City Attorney, each year in July pursuant to their written procedure. At the July 11, 2022 regular City Council meeting, the parties met in closed session for their performance discussion as required.
The City Council completed the annual performance evaluations for the City Manager and the City Attorney on July il, 2022, and unanimously approved a 6% salary increase for the City Manager and 5% salary increase for the City Attorney, effective ) uly 11, 2022. Tonight' s action formalizes the approval of the City Council action taken on July 11, 2022.
REASON FOR RECOMMENDATION:
As affirmed by the announcement following closed session on July 11, 2022, Amendments to the Employment Agreements for City Manager and City Attorney have been prepared as directed and are recommended for adoption by the City Council.
FISCAL IMPACT:
The budget amendment required covers the salary increase and CaIPERS benefits / overhead costs for each employee. Budget increase for FY 22/ 23, is as follows:
City Manager 1010- 1120- 410- 1100 20, 000
City Attorney 1010- 1120- 410- 1100 15, 000
ATTAC H M E NTS:
A. Resolution
B. Amendment No. 3 to City Manager Employment Agreement C. Employment Agreement and Amendment No. 1 and 2 for City Manager D. Amendment No. 2 to City Attorney Employment Agreement E. Employment Agreement and Amendment No. 1 for City Attorney 43 CITY MANAGER' S REPORT PAGE 2
AUGUST 8, 2022 CITY COUNCIL MEETING
APPROVAL OF AMENDMENT NO. 3 TO CITY MANAGER EMPLOYMENT
AGREEMENT & AMENDMENT NO 2 TO CITY ATTORNEY EMPLOYMENT
AGREEMENT
APPROVALS:
l 1 , i
eresa Vargas Date
Government Services Director
City Clerk
Iv( icha C C':_ lanEvc no
Special Counsel Date
44 RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING AMENDMENT NUMBER THREE TO THE CITY MANAGER
EMPLOYMENT AGREEMENT, AMENDMENT NUMBER TWO TO THE CITY
ATTORNEY EMPLOYMENT AGREEMENT, AND RELATED BUDGET AMENDMENT WHEREAS, the City Council reviews the performance of the two Council appointed officials, City Manager and City Attorney, each year in July pursuant to their written procedure; and
WHEREAS, at the July 11, 2022 regular City Council meeting, the parties met in closed session for their performance discussion as required; and WHEREAS, the City Council completed the annual performance evaluations for the City Manager and the City Attorney on July 11, 2022, and unanimously approved a 6% salary increase for the City Manager and 5% salary increase for the City Attorney, effective July 11, 2022; and
WHEREAS, tonight' s action formalizes the approval of the City Council action taken on July 11, 2022; and
WHEREAS, as affirmed by the announcement following closed session on ] uly 11, 2022, Amendments to the Employment Agreements for City Manager and City Attorney have been prepared as directed and are recommended for adoption by the City Council.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves Amendment Number Three ( 3) to the City Manager Employment Agreement, and Amendment Number Two ( 2) to the City Attorney Employment Agreement; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approve the corresponding budget amendment required to cover the salary increase and CaIPERS benefits / overhead costs for each employee, budget increase for FY 22/ 23, is as follows:
City Manager 1010- 1120- 410- 1100 20, 000
City Attorney 1010- 1120- 410- 1100 15, 000
45 The foregoing resolution was passed and adopted this 8t'' day of August 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
ti4ichaei G. Colaptu nc
Teresa Vargas, City Clerk Special Counsel
46 Amendment Number Three to Employment Agreement Between the City of Lathrop and Stephen J. Salvatore
August 8, 2022
The original Employment Agreement between the City of Lathrop and Stephen J. Salvatore, attached hereto and incorporated herein as Exhibit " A", was entered into between the parties for services of City Manager on or about September 17, 2012.
On or about August 17, 2015, the City Council unanimously agreed to renew and extend the Employment Agreement( Amendment Number One) attached and hereto incorporated herein as Exhibit " B".
On or about November 19, 2018 the City Council approved Amendment Number Two, attached and incorporated herein as Exhibit " C".
The City Council hereby approves a performance- based increase in the City Manager' s current base salary of 6%, effective July 11, 2022.
Unless specifically stated above, no other changes to the original agreement ( or Amendments) are intended by this Amendment.
EMPLOYEE CITY OF LATHROP
By: By:
Stephen J. Salvatore Sonny Dhaliwal, Mayor
Date: Date:
APPROVED AS TO FORM:
s iiek acl G_ Colantuono
Special Counsel
ATTEST:
Teresa Vargas, City Clerk/ Government Services Manager
Attachments:
Exhibit " A"— Employment Agreement for Stephen J. Salvatore effective September 17, 2012 47 Exhibit " B"— Amendment Number One to Employment Agreement dated August 17, 2015 Exhibit " C"— Amendment Number Two to Employment Agreement dated November 19, 2018 48 V
A1 1`ACHM NY ._._....
Amendment Number Two to Employment Agreement Between the City of Lathrop and Stephen J. Salvatore
November 19, 2018
The original Employment Agreement between the City of Lathrop and Stephen J. Salvatore, attached hereto and incorporated herein as Exhibit" A", was entered into between he parties for services of City Manager on or about September 17, 2012.
On or about August 17, 2015, the City council unanimously agreed to renew and extend the Employment Agreement pursuant to the conditions as described in Section 2 of the Employment Agreement, attached hereto and incorporated herein as Exhibit" B". In addition, the Employment Agreement automatically renewed for an additional 3 years in September 2018.
The City Council has met and with a vote of 4- 0, with Councilmember Dresser absent, approves the following amendment to the Employment Agreement, effective November 19, 2018:
1. Increase current base annual salary by 5%;
2. Up to forty( 40) hours of sick leave can be cashed out annually; and
3. Employer will contribute$ 2, 179 per month towards the Employee' s health, dental and vision insurance benefits, and any such increases to benefits provided to other management employees.
Unless specifically stated above, no other changes to the original agreement( or Amendment One) are intended by this Agreement.
EMPLOYEE CITY OF LATHROP
B • By:
en J. Salvatore Sonny Dhaliwal, Mayor
Date: d/' d j•!8 Date: /
APPROVED AS TO FORM:
Salvador Navarrete, City Attorney
ATTEST:
resa Vargas, City Cler
Attachments:
Exhibit" A"— Employment Agreement for Stephen J. Salvatore, effective September 17, 2012 Exhibit" B"— Amendment Number One to Employment Agreement dated August 17, 2015 49 Exhibit A
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (" Contract") is made and entered into this 17 day of September, 2012, by and between the City of Lathrop, California, a general law city organized under the laws of the State of Califomia, hereinafter called " Employer," and Stephen J.
Salvatore, an individual, hereinafter called " Employee," and is effective as of September 17, 2012(" Effective Date").
The parties agree as follows:
SECTION 1. DUTIES.
Employer hereby employs Employee as City Manager to perform the functions and duties specified• in the laws of the State of California, the Municipal Code of the City of Lathrop, and the Ordinances and Resolutions of the City of Lathrop, and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign.
SEGTYON 2. TERM.
A. The terrn of this Contract shall initially be for three ( 3) years, commencing as of the Effective Date, and shall be automatically renewed and extended for additional three( 3) year periods at the end of each three year period, unless either party shall provide written notice of non-renewal at least ninety ( 90) days prior to the end of the period in which notice is given.
B. Nothing in this Contract shall prevent, limit, or otherwise interfere with the right of Employee to resign as City Manager or as an employee of the City at any time for any reason.
C. Employee shall rema.in in the exclusive employ of Employer, and shall neither accept other employment nor become employed by any other employer except upon written approvat of Employer.
D. The term " employed" shall not be construed to include occasional teaching, writing, speaking, or consulting performed. during Employee' s time off.
E. Employee' s initial date of hire was January 1, 2008, but this Agreement is effective as the Effective Date specified above.
SECTION 3. SALARY.
Employer agrees to pay Employee, commencing with the Effective Date for his duties, the base annual salary of one hundred and seventy one thousand one hundred thirly one dollazs
x `` -
50 171, 131) payable in installments at the same time and in the same manner as other Employees of the Employer are paid.
On the one ( 1) year anniversary of the Effective Date, the City Council shall conduct an annual performance evaluation. This evaluation shall be completed as ajoint effort between Employee and Employer. If desired, an outside facilitator, to be mutually agreed upon by Employer and Employee, and at Employer' s sole cost, may be utilized. On the subsequent anniversaries, Employer may grant znerit increases to the base annual salary and provide other benefits to Employee under this Contract at their discretion.
SECTION 4. FIOUR,S OF WORK.
It is recognized that Employee rnust devote a grea.t deal of time outside normal office hours to business of Employer. To that end, Employee will be granted management leave at a rate offour 4) weeks of nnanagement leave per calendar year. Management leave is futly credited on January 1 st of each year.
SECTION 5. AUTOMOBILE ALLOWANCE.
Employer shall receive an a automobile allowance of$450. 00 per month for the general business use of his personal vehicle; however, Employer shall also rennburse Employee at the IRS standard mileage rate for any business use of his personal vehicle for any single business trip totaling more than 100 miles.
SECTION 6. TERMINATION.
This Contract shall terminate upon the occurrence of any ofthe followi.ng events:
A. The death ofEmployee.
B. The dissolution or bankruptcy of Employer.
C. The disability ofEmployee, as defined herein.
D. The majority of the City Council of Employer votes to terminate the Employee at a duly authorized meeting. Except for non-renewal of contract pursuant to 2A, the Employer however shall not ternunate Employee within a" cooling off' period of nineTy ( 90) days either before or after an election for which a City Council Member is elected.
E. If the Employer, citizens or legislature act or acts to amend any provision of applicable law that substantially changes the role, powers, duties, authority, or responsibilities of the Employee, the Employee sha11 have the right to declare that such amendments constitute ternunation.
51 F. If the Employer reduces the base salary, compensation or any other financial benefit of the Employee, unless any such reduction is pursuant to a City wide furlough program, such action shall consritute a breach ofthis Contract and will be regarded as termination.
G. If the Employee resigns following an offer to accept resignation, by majority of the City Council of Employer, then the Employee may declare a termination as of the date of the requested resignation.
H. Breach of contract declared by either party with a thirty ( 30) day cure period for eithez Employee or Employer to be provided. Written notice of a breach of contract shall be provided.
I. Conviction of Employee of any public offense that is a felony, and/ or involves moral turpitude, and / or the punishment for which includes a prohibition of holding public employment.
SECTION 7. CONFIDENTIALITY.
Unless the Employee expressly requests otherwise in writing, the evaluation of the Employee during his service as City Manager shall at a11 times be conducted in closed session of the City Council and shall be considered confidential to the full extent perrnitted by law. Nothing herein shall prohibit the Employer or the Employee from sharing the content of Ernployee' s evaluation with their respective legal counsel.
SECTION 8. SEVERANCE P AY.
If this Contract is ternunated pursuant to Section 6, Paragraph B, D, E, F, G or City breach of Contract, Employer shall pay severance to Employee in the amount of six ( months' salary.
Instead of six of severance pay in accordance with this Section, Employee may elect to treat the non- renewal of the Contract ( as described in herein and in Section 2) as a termination that entitles him to three ( 3) months' severance pay in addition to regulaz pay during the 90 day notice period ofnon-renewal referenced in Section 2A.
If this contract is terminated for any reason specified herein, Employee shall be paid for all accrued and unused sick leave, vacation time, paid holidays; and the value of all benefits including employer' s contribution to PERS, Health Insurance allowance, and car allowance.
Severance will be paid in one payment witlun 30 days oftermination.
SECTION 9. NOTICE TO RESIGN
Employee may terminate this Contract by providing written notice to the City at least thirty ( 30) days prior to the effective date of resignation. The Employer shall have no further obligation to provide payments and benefits to Employee for lus service as City Manager af er the effective date of the resignation except for all accrued and unused management leave, sick leave and vacation time. The City requests that Employee provide six ( 6) to twelve ( 12) months advance notice in the event that he determines to retire from service.
52 SECTION 10. INDEIMNIFICATION.
Employer shall defend, save harmless and indemnify Employee in accordance with Division 3. 6 ofthe California Government Code, commencing with section 810.
SECTION 11. BONDING.
Employer shall bear the full cost of any fidelity or other bonds required ofthe F.mployee under any law or ordinance.
SECTION. 12. DISABILITY. ADNSTMENTS. HEALTH AND LIFE
INSURANCE. COST- OF- LYVING. VACATION AND SICK LEAVE.
Unless otherwise specifically provided herein, all provisions of the Municipal Code and regulations and rules of Employer relating to vacation and sick leave, retirement system coutributions, holidays and other fiinge benefits and working conditions as they now exist or hereafter may be amended also sha11 apply to Employee as they would to other unrepresented employees of the Employer. An annual cost of living increase adjustment shall be applied to the base annual salary going forward to Employee as established for all other non-represented employees. Additionally, Employee will accrue vacation and sick leave at a rate as outlined in the City' s Administrative Policies Manual based on his initial hire date.
SECTION 13. RETIREIVYENT.
Employer shall pay Employee' s contribution to the Public Employees Retirement System in accordance with adopted policies ofEmployer.
SECTION 14. NOTICES.
Notices pursuant to this Contract shall be in writing given by deposit in the custody ofthe United States Postal Service, postage prepaid, addressed as follows:
1) Employer Mayor, City of Lathrop, 390 Towne Centre Drive, Lathrop, CA 2) Employee At his address as reflected in his personnel records ofthe City.
Alternatively, nofices required pursuant to this Contract may be personally served in t ie same manner as is applicable to civil judicial process. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written ttotice in the course of transmission in the United States Postal Service.
SECTION 15. GENERAL PROVISIONS.
A. The text herein shall constitute the entire Contract between the parties.
I
Page4of6
53 B. If any provision, or any portion thereof, contained in this Contract is held unconstitutional, invalid or unenforceable, the remainder of this Contract, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.
IN WITNESS WHEREOF, the City of Lathrop has caused this Contract to be signed and executed in its behalf by its Mayor and duly attested by its City Clerk, and the Employee has signed and executed this Contract, both in duplicate, the day and year first above written.
EMPLOYEE CTTY OF LA OP
By:
en J. Salvatore J Chaka s,
Date: Q Z Date: a `
APPROVED AS TO FO .
Salvador Navarrete, City Attomey
ATTEST:
Mitzi rtiz, ' Clerk
54 Amendmeeet Wumber One to Employment Agreement betwreen The City of Lathrop and Stephen J. Salvatore
At gust 17. 2015
The original Emplayment Agreement between the City of Lathrop and Stephen J. Salvatore, attached hereto and incorporated herein as Exhibit" A", was entered into between the parties for the services of City Manager on or about September 17, 2012.
The City Council has met and unanimously agreed to renew and extend this Empioyment Agreement pursuant to the conditions as described in Section 2 ofthe Employment Agreement.
IN WITNESS WHEREOF the City of Lathrop has caused this Amendment No. 1 to be signed and executed in fts behaif by its NAayor and duly attested by its City Cierk, and the employee has signed and executed this Amendment both in duplicate.
EMPLOYEE CI7Y OF LATHROP
B •
ephen 1. Salvatore Sonny D aliwal, Mayor
Date:. R• l7•I S Date: /
APPROVED AS TO FORM:
Salvador Navarrete, City Atto ney
ATTEST:
eresa Vargas, City( c
Attachment: Exhibit A— Employment Agreement for Stephen J. Salvatore effert(ve September 17, 2012 1 55
ATTACHMENT ..
Amendment Number One to Employment Agrecment Between the City olLathrop and Salvador V. Navarrete
November 19, 2018
The original EmpJoyment Agreement between the City of Lathrop and Salvador V. Navarrete; attached hereto and incorporated herein as Exhibit" A", was entered into between the parties for services ofCity Attorney on or about Jsnuary 14, 2008.
The Employment Agreement has automatically renewed in January of 2013 and January of 2018 pursuant to the conditions as described in Section 2 of the Employment Agreement, attached hereto and incorporated herein as Exhibit" B".
The City Council' has met and with a vote of 4- 0, with Councilmember Dresser absent, approves the followin amendment to the Employment Agreement, effective November 19, 201 S:
1. Increase current base salary by 5%; and
2. If Employee resigns his position, he will be paid for all accrued and unused management leave, sick leave and vacation time.
Unless specifically stated above, no other changes to the original agreement( or Amendment One) are intended by this Agreement.
EMPLOYEE CITY OF LATHROP
By: By:
Salvador V. Navarrete Sonny Dhaliwal, Mayor
Date: Date:
APPROVED AS TO FORM:
1'z:./,
c ef G Col. t. r^-, 5 o r.' w.. 1r/
ATTEST:
Teresa Vargas, City Clerk
Attachments:
Exhibit" A"— Employment Agreement for Salvador V. Navanete effective January 14, 2008. 56 AT ACHMENT
5 ORIGINAL
MPLOYMENT CONTRACT
THIS EMPLOYMENT CONTRACT(" Contract") is made aad entered into this l Ith day ofDecember, 2007, by and between the City of Lathrop, Califomia, a general law city organized under the laws of the State of California, hereinafter called" Employer," and Salvador V. Navarrete, an individual, hereinafter called Employee," and is effective as of January 14, 2008(" Effectiva Date").
The pazties agree as follows:
SECTION 1. DUTIES.
A. General.
Employer hereby amploys Employee as City Attorney to perform the funcrions and duties specified in the laws of the State of California, the Municipal Code of the City of Lathrop, and the Ordinances and Resolutions ofthe City ofLathrop, and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign.
B. Description of Duties.
In amplification of Section lA.ofthe Contract, Employee shall serve as general counsel and chief legal advisor to employer, and perform all legal duties for Employer, except i) When, in the opinion of Employer, it would be more appropriate to hire outside specialist counsel. In such event, Employee shall assist Employer in selecting such outside specialist counsel. Such outside specialist counsel may serve in lieu ofEmployee on any particular matter, or may assist Employee; or
u) When counsel for Employer is otherwise provided, as in the case of counsel provided by insurers in connection with various insurance policies held by Employer, or provided by the Risk Management Authority of which Employer is a member; or iu) When a contlict exists such that Employee is prohibited by law or rules of professional conduct from representing or advising Employer.
C. In further amplification of Section 1. A. ofthis contract, Employee shall, unless excused by Employer, attend all meetings of the City Council and the Planning Commission of the City of Lathrop, and meetings of such other Boards or Commissions ofthe City as the City Council may, from time to time, direct.
D. In further amplification of Section 1. A ofthis Contract, it is recognized and agreed that Employee reports to the City Council ofEmployer, and not to the City Manager of Employer, but Employee will co-ordinate with the City Manager ofEmployer to ensure the legal needs ofEmployer are met. Employee shall operationally be considered a deparEment head with all the rights, duties and obligations thereof.
57 SECTION 2. TERM.
A. The term of this Contract shall initially be for five( 5) years, commenciag as of the Effective Date, and shall be automatically renewed and extended for an additional five( 5) year period atthe end of each renewal and extension period, unless either party shall provide written notice of non- renewal at least ninety( 90) days prior to the end ofthe period in which notice is given. In the event Employer declares its intention notto renew and axtend this Contract, then Employee, while continuing to perform all of his daties hereunder, ma.y undertake the pursuit of new employment opporlunities.
B. Nothing in this Contract shail prevent, limit, or otherwisa interfara with the right of Employee to resign at any time for any reason.
C. Notwithstanding any other provision in this Section 2, this Contract may be earlier terminated in accordance with Section 7 of this Contract D. Employee shall remain in the exclusive employ of Employer, and shall neither accept other employment nor become employed by any other employer except upon written approval of Employer.
E. The term" employed" shall not be construed to include occasional teaching, writing, speaking, or consulting performed during Employee' s time off.
SECTION 3. DISABILTi' Y.
If Employae shall, for whatever reason, become incapable of performing any of the essential functions of City Attorney, even with reasonable accommodation by Employer, either
1. Permanently, or
2. For a period exceeding the period ofleave available to the Employee under the Family Medical Leave Act or the California Family Rights Act, or accrued sick leave, whichever is longer, then Employee shall be deemed to have suffered a disability. Employer and Employee agree that the time period specified in this paragraph 2 is a reasonable accommodation. by Employer, and that granting longer time would ba an undue hazdship on Employee.
SECTION 4. SALARY_
Employer agrees bo pay Employee, effective January 14, 2008, for his duties, a base annual salary of one hundred fifty thousand dollars($ 150, 000) payable in instsllments at the same tinae and in the same manner as other Employees of the Employer are paid.
The City Council shall conduct an annual performance evaluation within fifteen( 15) days of January 14' each year commencing in 2009. This evaluation sha11 be completed as ajoint effort between Employee and Employer. ff desired, an outside faciIitator, to be mutually agreed upon by Employer and Employee, and at Employer' s sole cost, may be utilized. Upon satisfactory completion ofthis annual performance review, Employer may grant merit increases to the base salary and other benefits to provide to Employee under this Contract. Any such modifications shall be in writing and signed by Employee and Employer.
SECTION 5. HOURS OF WORK.
It is recognized that Employee must devote a great deal of time outside normal office hours to business of 58 Employer. To that end, Employee will be granted fifteen( 15) days of management leave per calendar year.
Management leave is fully credited on January 1" of each year and cannot be cashed out or mlled over.
SECTION 6. AUTOMOBILE ALLOWANCE.
Employer shall receive an sutomobile aliowance of$450.00 per month for the general business use ofhis personal vehicle; however, Employer shall also reimburse Employea atthe IRS standard mileage rate for any business use of his personal vehicle for any s`mgle business trip totaling more than 100 miles.
SECTION 7. TERMINATION
This Contract shall terminate upon the occurrence of any of the following events:
A. Tha death ofEmployee.-
B. The dissolution or banlauptcy of Employer.
C. The disabiIity ofEmployee, as defined in Section 3 ofthis Contsact.
D. The majority ofthe City Council ofEmployer voYes to terminate the Employee at a duly suthorized meeting.
E. If the Employer, citizens or legislature act or acts to amend any provision of applicable iaw that substantially changes the role, powers, duties, authority, or responsibilities of the Employee, the Employee shall have the right to declare that such amendments constitute termination.
F. If the Employer reduces the base salary, wmpensation or any other financial benefit of the Employee, unless it is applied in no greater percentage than the average reduction of all department heads, such action shall constitute a breach of this Contract and will be regarded as termination.
G. If the Employee resigis following an offer to accept resignation, or a suggesdon that Employee resign, whether formal or informal, by any member of the City Council of Employer acting as representative of the majority of the City Council, then the Employee may declare a termination as of the date of the suggestion.
H. Breach of contract declared by either party with a thirty( 30) day cure period for either Employee or Employer to be provided. Written notice of a breach of contract shall be provided.
I. Conviction of Employee of any public offense that is a falony, and/ or involves moral turpitude, and/ or the punishment for which includes a prohibition of holding public employment.
SECTION 8. CONFIDENTIALTTY
A. Unless the Employee expressly requests otherwise in writing, the evaluation of the Employee shall at all times be conducted in closed session ofthe City Council and shall be considered confidential to tha maximum and full extent permitted by law. Nothing herein shall prohibit the Employer or the Employee from sharing the content of the City Attorney' s evaluation with their respective legal counsel.
B. In the event of termination or resignation, tha Employer and Employee agree not to make comments or statements about each other and sha11 respond to inquiries by only conf'irming that such termination or resignation occurred. In addition, the Employer and Employee agree not to discuss the circumstances surrounding employmant and termination with any person other than their respective legal counsel, including but not limited to members of the media, public, and City staff. 59 SECTION 9. SEVERANCE PAY
If this Contract is terminated because of the reasons specified in Section 7. C, 7. D, 7.E, 7.F, 7.G, or an uncured breach by Employer pursuant to 7.H, EmpIoyer shall pay saverance pay to Employee up to a maximum of nine( 9) months' salary. Employee may elect to treat the non- renewal of the Contract( as described in Section 2A) as a termination that entitles him to severance pay in accordance with this Section. A severance bank of six 6) months pay is granted on the 61$` day after the Effective Date of this Contract. Employee thereafter shall earn one( 1) additional month of severance per year of service, not to exceed a combined total of nine( 9) months severance.
IfEmployee is tenninated by the Employer within the three( 3) months preceding or following a General Election where one or more. City Council seats aze contested on the ballot of such election( the election cool-offperiod"), then Ernployee will be granted an additional three( 3) months severance salary only— no payout on additional benefits or leave accruals) to the severance bank currently earned.
Iftlus contracted is terminated for any reason specified in Section 7 within the first 60 days of employment, Employee will receive three( 3) months of severance pay.
Ifthis contract is terminated for any reason specified in Section 7, Employee sha.11 be paid for all accrued and unused sick leave, vacation time, paid holidays; and the cash value of all benefits including employer' s contribution to PERS, Health Insurance allowance, and car allowance. Severance will be paid in monthly installments equal in number to the number of months' severance due employee pursuant to this Section.
SECTION 10. NOTICE TO RESIGN
Employee may terminate this Contract by providing written notice to the City at least thirty( 30) days prior to the effective date of resignation. The City shall have no further obligation to provide payments and benefits after the effective date of the resignation. The City requests that Employee provide six( 6) to twelve( 12) montlts advance notice in the event that he determines to retire from service.
SECTION 11. VACATION AND SICK LEAVE.
Employee will accrue vacation at a rate of fifteen( 15) days per year. Up to forty( 40) hours of unused vacation hours earned may be cashed out. Employee will accrue ninety-six( 96) hours of sick leave per year. Up to forty( 40) hours of sick leave can be cashed out annually after Employee accrues ninety- six( 96) hours. There is no cap on accrual.
SECTION 12. DISABILITY. COST- OF-LNING ADJUSTMENTS. HEALTH AND LIFE INSURANCE.
Employee sha11 be provided the same disability, COLA adjustments( beginning with 2008 adjustment), health, dental, vision and life insurance benefits that are presently provided to other management employees of Employer and any such increases to benefits will not require City Council action to be effective. Employer will contribute$ 1, 620 per month towards Employee' s cafeteria plan.
SECTION 13. RETiREMENT.
Employer shall pay Employee' s contribution to the Public Employees Retirement System in accordance with adopted policies ofEmployer.
SECTION 14. DiTES AND SUBSCRIPTIONS.
Employer shall budget and pay for the professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary 60 and desirable for his continued pmfessional participation, growth and advancement and for the good ofEmployer.
SECTION 15. PROFESSIONAL DEVELOPIV NT.
A. Employer shall budget for and pay the travel and subsistence expenses ofEmployee for professional official travel, meeting, s and occasions( maximum of three annually) adequate to continue the professional development ofEmployee and to adequately pursue necessary offi'cial and other functions for Employer, including but not limited to the League of California Cities and such other national, regional, state and local govemmental g"roups and committees thereof ofwhich Employee may serve as a member. Employer shall budgat and pay for ti e travel and subsistence expense ofEmployee for short courses, institutes and seminars necessary for her professional development and for the good ofthe Employer.
SECTION 16. REIlVIBURSEMENT OF EXPENSES.
To the extent Employee necessarily incurs expensas in the performance of her duties, Employee will receive prompt reimbiirsement therefore. Employee shall submit a claim form to Employer in the form and manner required of any employee. The requirement for a claim form shall apply to mileage reimbursement under Section 6 ofthis Contract.
SECTION 17. INDEMNIFICATION.
Employer shall defend, save harmless and indemnify Employee in accordance with Division 3. 6 of the California Government Code, commencing with section 810.
SECTTON 18. BONDING.
Employer sha11 bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance.
SECTION 19. OTI R TERMS AND CONDTTiONS OF EMPLOYA NT..
Unless otherwise specifically provided herein, a11 provisions ofthe Municipal Code and regulations and rules ofFanployer including but not limited to those relating to vacation and sick leave, retirement system contributions, holidays and other fringe benefits and working conditions, as they now exist or hereafter may be amended also shall apply to Employee as they would to other unrepresented employees ofthe Employer.
SECTTON 20. NOTICES.
Notices pursuant to this Contract shall be in writing given by deposit in the custody of the United State Postal Service, postage prepaid, addressed as follows:
1) Employar: Mayor, City of Lathrop, 390 Towne Ceutre Drive, Lathrop, CA 95330 2) Employee: Salvador V. Navarrete, 3378 Lighthouse Court, Atwater, CA 95301 Alternatively, notices required pursuant to this Contract may be personally served in the same manner as is applicable to civil judicial process. Notice shall ba deemed given as ofthe date of personal service or as ofthe date of deposit of such written notice in the course oftransmission in the United States Postal Service. 61 SECTION 21. GENERAL PROVISIONS.
A. The text herein shalI constitute the entire Contract between the parties.
B. Ifthe Employee dies prior to the expiration ofthe term of employment, any monies that may be due to him from Employer under this Agreement as ofthe date of his death shall be paid to his beneficiaries or personal represenmtives.
C. This Contract shall become effective on the date first written above.
D. If any provision, or any portion thereof, contained in this Contract is held unconstitutional, invalid or unenforceable, the remainder ofthis Contract, or portion thereof, shall be deamed severable, shall not be affected and shall remain in full force and effect.
IN WITNESS WHEREOF, the City of Lathrop has caused this Contract to be signed and executed in its behalf by its Mayor and duly attested by its City Clerk, and the Employee has signed and executed this Contract, both in duplicate, the day and year first above written.
EMPLOYER"
CITY OF p
By:
Kris S les, ay
l
r
Rick Caldeira, City Clerk
APPROVED AS TO FORM:
v
JO . STOVALL, Interim City Attomey
EMPLOYEE"
Salvador V. Navarrete
62 Amendment Number One to Employment Agreement Between the City of Lathrop and Salvador V. Navarrete
November 19, 2018
The original Employment Agreement between the City of Lathrop and Salvador V. Navarrete,' attached hereto and incorporated herein as Exhibit" A", was entered into between the parties for services of City Attomey on or about January 14, 2008.
The Employment Agreement has automatically renewed in January of 2013 and 7anuary of 2018 pursuant to the conditions as described in Section 2 of the Emplbyment Agreement, attached hereto and incorporated herein as Exhibit" B".
The City Council has met and with a vote of 4-0, with Councilmember Dresser absent, approves the following amendment to the Employment Agreement, effective November 19, 2018:
1. Increase current base salary by 5%; and
2. If Employee resigns his position, he will be paid for all accrued and unused management leave, sick leave and vacarion time.
Unless specifically stated above, no other changes to the original agreement( or Amendment One) aze intended by this Agreement.
EMPLOYEE CITY OF LATHROP
By: By:
Salvador V. Navarrete Sonny Dhaliwal, Mayor
Date: — Date: /
APPROVED AS TO FORM:
ATTEST:
eresa Vazgas, City Cl
Attachments:
Exhibit" A"— Employment Agreement for Salvador V. Navarrete effective January 14, 2008. 63 64
ITEM 4. 5
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: RATIFICATION OF AMENDMENT NO. 1 TO THE
AGREEMENT WITH TRIDENT K- 9 CONSULTING TO
PURCHASE A THIRD K- 9 AND PROVIDE HANDLER' S
COURSE TO THE ADDITIONAL K- 9 TEAM FOR THE
LATHROP POLICE DEPARTMENT, CIP GG 21- i1
RECOMMENDATION: Adopt Resolution Ratifying the City Manager' s Action to Execute Amendment No. 1 to the Agreement with
Trident K- 9 Consulting to Purchase a third K- 9 and
provide handler's course to the additional K- 9 team
for the Lathrop Police Department, CIP GG 21- 11
SUMMARY:
On July 20, 2022, the City of Lathrop and Trident K- 9 Consulting ( Trident) entered into an agreement in which Trident would help build the Lathrop Police Department' s K- 9 unit, search for and purchase two K- 9s, and provide initial handler's training for the K- 9 Officers. Trident began the process of building the K- 9 unit for the Lathrop Police Department and choosing the officers and their K- 9. It was identified that a third K- 9 would allow the department to provide K- 9 assistance on all patrol shifts for better coverage and service to the community. Lathrop has requested that services be expanded to include a third K- 9 and Trident has agreed to provide the additional services. Due to timing in choosing the officers and purchasing the K- 9s, Amendment No. l with Trident was executed.
Staff is requesting that City Council ratify the City Manager' s action to execute Amendment No. 1 to the agreement with Trident K- 9 Consulting to purchase a third K- 9 and provide handler' s course to the additional K- 9 team for the Lathrop Police Department. Sufficient funds are included in Capital Improvement Project ( CIP) GG 21- 1i to cover the cost for the third K- 9.
BACKGROUND:
At the March 22, 2021, City Council Special Meeting, Council directed staff to create CIP 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' s Office to the City of Lathrop. On June 29, 2022, the City of Lathrop Police Department took over law enforcement services from the Sheriff' s Office.
The initial transition budget included two K- 9s for the new Police Department. There have been several critical incidences since Lathrop Police Department took over law enforcement services where it was critical to have a K- 9 on duty. These incidences happened on different patrol shifts and it helped determine the need of a third K- 9.
The third K- 9 would allow the department to provide K- 9 assistance on all patrol 65 CITY MANAGER' S REPORT PAGE 2
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
RATIFICATION OF AMENDMENT NO. 1 TO THE AGREEMENT WITH TRIDENT K- 9 CONSULTING TO PURCHASE A THIRD K- 9 AND PROVIDE HANDLER' S COURSE TO THE ADDITIONAL K- 9 TEAM FOR THE LATHROP POLICE DEPARTMENT, CIP GG 21- 11
shifts for better coverage and service to the community. The Lathrop Police Department was able to request back up from a neighboring agency who was able to assist. Without the K- 9 assistance, these incidences may have taken much longer and used more personnel hours. Having a K- 9 team during all patrol shifts is essential for the Lathrop Police Department to provide the necessary resource to respond to critical situations efficiently.
The Lathrop Police Department will deploy K- 9s in a variety of situations. Situations can include but are not limited to:
search for firearms and drugs
locate items that may have evidentiary value
locate fleeing suspects that may have hidden and apprehension of suspects provide handler protection for officer safety
enter locations that may be unsafe or too small for officers reduce personnel time to search buildings or structures thoroughly and safely be a deterrent to perpetrators and encourage compliance from all parties involved that will often reduce the need for use of force by police officers use as a less lethal force option
K- 9s will also be used to provide positive ways for our officers to interact with the community. This can be during events at schools, visiting classrooms, presence at scheduled City events, National Night Outs, block parties, and other community engagement opportunities.
As part of the agreement, the City can request a different K- 9 if the performance of the one chosen by Trident is not satisfactory to the City. In addition, there is a one year warranty period should the K- 9 stop performing where the City is able to request a K- 9 exchange.
REASON FOR RECOMMENDATION:
Having a K- 9 team during all patrol shifts is essential for the Lathrop Police Department to provide the coverage and service that the community needs. The K- 9 teams will provide Officers the necessary resource to respond to critical situations efficiently and provide the support that can range from apprehension of suspects and searching for firearms or evidence to interacting with the community during events.
FISCAL IMPACT:
The cost of Amendment No. 1 to the agreement with Trident K- 9 Consulting is $ 19K.
Sufficient funds are included in the CIP GG 21- i1 transition budget to cover the cost of these services.
66 CITY MANAGER' S REPORT PAGE 3
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
RATIFICATION OF AMENDMENT NO. 1 TO THE AGREEMENT WITH TRIDENT K- 9 CONSULTING TO PURCHASE A THIRD K- 9 AND PROVIDE HANDLER' S COURSE TO THE ADDITIONAL K- 9 TEAM FOR THE LATHROP POLICE DEPARTMENT, CIP GG 21- 11
ATTACHMENTS:
A. Resolution to Ratify the City Manager' s action to execute Amendment No. 1 to the Agreement with Trident K- 9 Consulting to purchase a third K- 9 and provide handler' s course to the additional K- 9 team for the Lathrop Police Department, CIP GG 21- 11
B. Amendment No. 1 to purchase a third K- 9 and provide handler' s course to the additional K- 9 team for the Lathrop Police Department, CIP GG 21- 11 67 CITY MANAGER' S REPORT PAGE 4
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
RATIFICATION OF AMENDMENT NO. 1 TO THE AGREEMENT WITH TRIDENT K- 9 CONSULTING TO PURCHASE A THIRD K- 9 AND PROVIDE HANDLER' S COURSE TO THE ADDITIONAL K- 9 TEAM FOR THE LATHROP POLICE DEPARTMENT, CIP GG 21- 11
APPROVALS:
7 2
Raymond Bechler Date
Chief of Police
y e20o2
Cari ] a e Date
Finance D rector
S• Z..e - Z
Salvador Navarrete Date
City Attorney
z zz
St en J. Salvatore Date
City Manager
68 RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP RATIFYING THE CITY MANAGER' S ACTION TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH TRIDENT K- 9 CONSULTING TO PURCHASE A THIRD K- 9 AND PROVIDE HANDLER' S COURSE TO THE ADDITIONAL K- 9 TEAM FOR THE LATHROP POLICE DEPARTMENT, CIP GG 21- 11
WHEREAS, at the March 22, 2021, City Council Special Meeting, Council directed staff to create Capital Improvement Project ( CIP) 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 of Lathrop; and WHEREAS, on June 29, 2022, the City of Lathrop Police Department took over law enforcement services from the Sheriff' s Office; and WHEREAS, on July 20, 2022, the City of Lathrop and Trident K- 9 Consulting Trident) entered into an agreement in which Trident would help build the Lathrop Police Department' s K- 9 unit, search for and purchase two K- 9s, and provide initial handler' s training for the K- 9 Officers; and
WHEREAS, the initial transition budget included two K- 9s for the new Police Department; and
WHEREAS, Lathrop has requested from Trident that services be expanded to include a third K- 9 and Trident has agreed to provide the additional services; and WHEREAS, the K- 9 teams will provide Officers the necessary resource to respond to critical situations efficiently and provide the support that can range from apprehension of suspects and searching for firearms or evidence to interacting with the community during events; and
WHEREAS, K- 9s will also be used to provide positive ways for our officers to interact with the community. This can be during events at schools, visiting classrooms, presence at scheduled City events, National Night Outs, block parties, and other community engagement opportunities; and
WHEREAS, the cost of Amendment No. 1 to the agreement with Trident K- 9 Consulting is $ 19K; and
WHEREAS, sufficient funds are included in the CIP GG 21- 11 transition budget to cover the cost of these services.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby ratify the City Manager' s action to execute Amendment No. 1 to the agreement with Trident K- 9 Consulting to purchase a third K- 9 and provide handler' s course to the additional K- 9 team for the Lathrop Police Department, CIP GG 21- 11.
69 The foregoing resolution was passed and adopted this 8t" day of August 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS T FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 70 Attachment B
AMENDMENT NO. 1
TO THE AGREEMENT BETWEEN THE CITY OF LATHROP AND
TRIDENT K-9 CONSULTING DATED JULY 20, 2022
TO PURCHASE A THIRD K- 9 AND PROVIDE HANDLER' S COURSE TO THE ADDITIONAL K-9 TEAM FOR THE LATHROP POLICE DEPARTMENT, CIP GG 21- 11 THIS CONTRACT AMENDMENT ( hereinafter " AMENDMENT NO. 1") to the agreement between TRIDENT K- 9 CONSULTING and the City of Lathrop dated July 20, 2022, ( hereinafter AGREEMENT") dated for convenience this day of August 2022, is by and between Trident K-9 Consulting (" CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to purchase a third K-9 and provide handler' s course to the additional K-9 team for the Lathrop Police Department, CIP GG 21- 11, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, on July 20, 2022, CONSULTANT and CITY entered into an AGREEMENT to provide Consultation to Build and Structure New K-9 Unit for the New Lathrop Police Department, Purchase Two (2) Dual Purpose K-9s, and Provide Handler' s Course for Two (2) K-9 Teams, CIP GG 21- 11, in the amount not to exceed $ 61, 000; and
WHEREAS, CONSULTANT has provided CITY with a scope of work attached hereto as Exhibit "A" for Amendment No. 1 to purchase a third K-9 and provide handler's course to the additional K-9 team for the Lathrop Police Department, CIP GG 21- 11; and WHEREAS, CONSULTANT is willing to render such Professional Services, as hereinafter defined, on the following terms and conditions;
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AMENDMENT N0. 1 TO AGREEMENT
1) Scope of Service. Section ( 1) of the AGREEMENT is hereby amended to add the following:
CONSULTANT agrees to purchase a third K- 9 and provide handler' s course to the additional K-9 team for the Lathrop Police Department, CIP GG 21- 11 in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" in addition to the scope of work in the original AGREEMENT dated July 20, 2022. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' S satisfaction.
71 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT AMENDMENT N0. 1 WITH TRIDENT K- 9 CONSULTING — CIP GG 21- 11
2) Compensation. Section ( 2) of the AGREEMENT for Consulting Services is hereby amended as follows:
City hereby agrees to pay CONSULTANT an additional cost of 19 000 for the services set forth in Exhibit " A" of this AMENDMENT NO. 1, with a total sum not to exceed 80, 000. 00. ($ 61, 000 for the original AGREEMENT, and $ 19, 000 for AMENDMENT NO. 1). CONSULTANT shall be paid within thirty ( 30) days of receipt of billings containing all information contained in Paragraph 5 of the original AGREEMENT. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in the original scope of work and this AMENDMENT unless a written change order or authorization describing the extra work and payment terms has been executed by CITY'S Authorized Representative prior to the commencement of the work.
3) Effective Date and Term
The effective date of AMENDMENT NO. 1 is August 2022, and it shall terminate no later than June 30, 2023. All other terms of the original AGREEMENT shall remain in full force and effect.
4) Applicabilitv to Oriqinal Consultant AGREEMENT
All terms and conditions set forth in the AGREEMENT dated July 20, 2022 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
5) Siqnatures
The individuals executing this AMENDMENT NO. 1 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT N0. 1 on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
72 CITY OF LATHROP — CONSULTING SERVICES AGREEMENT AMENDMENT N0. 1 WITH TRIDENT K- 9 CONSULTING — CIP GG 21- 11
Approved as to Form: City of Lathrop
City Attorney
7-- z zp--Z
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
C ' f Police
S LRaymond Bechler Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Consultant: Trident K- 9 Consulting
2611 Hampton Ave.
Redwood City, CA 94061
Federal ID # 81- 0868170
Lathrop Business License # 21000
Signature Date
Print Name and Title
73 Exhibit A
TRID£ NT K9 Triderrt K9 Consulting Irtvc iCe 139 i
C O N S U LT 1 N G 2611 Hampton Avenue
Redwood City, CA 94061 US
marty. tridentk9 a gmail. com U
t
712t712t 22 08/ 19I2( i22
BILL TO
Lathrop Police Department
940 Rivers Island Parkways
Lathrop, CA 95330
PLEASE DETACH TOP PORTION AND RETURN WITH YOUR PAYMENT.
DESCRIPTION QTY RATE AMOUNT
Sales 1 _ 12, 500. 00 12, 500. 00
1 Dual Purpose Police K9
SUBTOTRL 12, 500. 00
TAX 0. 00
Tf TAL 12, 500. 00
TOTAL DUE 2, 'j((,Q(
THANK YOU.
74 T ID£ NT 9
Trident K9 Consulting Irtvoi+ e 139?
C O N S U LT i N G 2611 Hampton Avenue
Redwood City, CA 94061 US
marty. tridentk9Qa gmail. com C3ATE I UE DATE '
07{ 2C 12t722 t38/ 19/ 2022
BILL TO
Lathrop Police Department
940 Rivers Isiand Parkways
Lathrop, CA 95330
PLEASE DETACH TOP PORTION AND RETURN WITH YOUR PAYMENT.
DESCRIPTION QTY RATE AMOUNT
K9 Training 1_ _ 6, 500. 00 6, 500. 00
Handler' s Course for 1 K9 Teams
SUBTOTAL 6, 500. 00
TAX 0. 00
TUTAL 6, 500. 00
TUTAL DUE JC} U. 00
THANK YOU.
75 TfitD£ NT K9
GONSUITING
Lathrop Police Department,
Trident K9 Consulting will provide an additional Dual Purpose Police K9 for the following costs and scope of work:
Cost: $ 12, 500. 00
Handler' s Training Course: $ 6, 500. 00
Scope of Work: The Police K9 will be used for indoor/ outdoor building searches, tracking, firearm or narcotics detection, apprehension of serious offenders and public demonstrations.
Warranty: The Police K9 will have a 1 year warranty for health (teeth are not covered under warranty) and workability. If a Police K9 needs to be replaced while under warranty, Trident K9 Consulting will replace the K9 for another Police K9 that is suitable for the Lathrop Police Department.
Respectfully,
Marty Mahon
Marty Mahon
Owner
Trident K9 Consulting
76 ITEM 4. 6
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AMENDMENT NO. 1 WITH ROBERT
HALF INTERNATIONAL, INC. TO PROVIDE
PROFESSIONAL SERVICES
RECOMMENDATION: Adopt Resolution Approving Amendment No. 1 with Robert Half International, Inc. to Provide
Professional Services Associated with EnerGov
Implementation
SUMMARY:
City staff utilizes development services software to perform a variety of day- to- day functions across many departments. Currently the City is implementing a new software system called EnerGov to streamline permit processing, plan review, workflow tracking, field inspections and payment processing.
In April 2022, the City entered into a Professional Services Agreement ( PSA) with Robert Half International, Inc. ( Robert Half) to assist with EnerGov software configuration in the amount of $ 47, 000. City staff has been pleased with the services provided by Robert Half and requested a proposal for additional support services needed to complete the implementation of EnerGov.
Tonight, staff is requesting City Council approval of Amendment No. 1 with Robert Half to provide professional services related to complete the implementation of EnerGov software in the amount of $ 93, 600. Sufficient funds have been allocated in the adopted Fiscal Year ( FY) 2022/ 23 Budget.
BACKGROUND:
With the amount of development activity over the past few years, the City needed a system that will provide developers and citizens with a reasonable turnaround time for inspection and a plan review processes with electronic submissions and responses.
The ability to submit plans and schedule inspections electronically will eliminate daily manual entry, which includes the creation, scheduling, tracking, and resulting of inspections. Furthermore, integrating the City' s current processes and GIS system in a single software solution will create higher productivity and more efficient handling of data.
City Council approved the purchase of a new software system called EnerGov to streamline permit processing, plan review, workflow tracking, field inspections and payment processing. City staff began implementing the new software system and in April 2022 entered into a PSA with Robert Half to assist with EnerGov software configuration in the amount of $ 47, 000. City staff has been pleased with the services provided by Robert Half and requested a proposal for support services needed to complete the implementation of EnerGov.
77 CITY MANAGER' S REPORT PAGE 2
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
AMENDMENT NO. 1 WITH ROBERT HALF INTERNATIONAL, INC. TO PROVIDE
PROFESSIONAL SERVICES
REASON FOR RECOMMENDATION:
Amendment No. 1 will allow for a quicker implementation of the EnerGov software, which will result in City staff providing improved services to developers and residents.
FISCAL IMPACT:
The cost of Amendment No. 1 is not to exceed $ 93, 600 paid on a time and material basis. The adopted FY 2022/ 23 Budget allocated sufficient funds within the Building Department Fund 2015- 50- 30- 420- 0100.
ATTACH M ENTS:
A. Resolution Approving Amendment No. 1 with Robert Half International, Inc. to Provide Professional Services Associated with EnerGov Implementation B. Amendment No. 1 with Robert Half International, Inc. to Provide Professional Services Associated with EnerGov Implementation
78 CITY MANAGER' S REPORT PAGE 3
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
AMENDMENT NO. 1 WITH ROBERT HALF INTERNATIONAL, INC. TO PROVIDE
PROFESSIONAL SERVICES
APPROVALS:
y o
Cari Jame Date
Finance Di e tor
r--
8- 1 - 2 oZ2
Michael King Date
Assistant City Manager
z.. zZ
Salvador Navarrete Date
City Attorney
L•ZZ
St Salvatore Date
City Manager
79 RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AMENDMENT NO. 1 WITH ROBERT HALF INTERNATIONAL, INC.
TO PROVIDE PROFESSIONAL SERVICES ASSOCIATED WITH ENERGOV
IMPLEMENTATION
WHEREAS, City staff utilizes development services software to perform a variety of day- to- day functions across many departments and currently the City is implementing a new software system called EnerGov to streamline permit processing, plan review, workflow tracking, field inspections and payment processing; and WHEREAS, In April 2022, the City entered into a Professional Services Agreement ( PSA) with Robert Half International, Inc. ( Robert Half) to assist with EnerGov software configuration in the amount of $ 47, 000; and WHEREAS, City staff has been pleased with the services provided by Robert Half and requested a proposal for additional support services needed to complete the implementation of EnerGov; and
WHEREAS, the cost of Amendment No. 1 is not to exceed $ 93, 600, paid on a time and material basis, and sufficient funds have been allocated in adopted Fiscal Year 2022/ 23 Budget; and
WHEREAS, Amendment No. 1 will allow for a quicker implementation of the EnerGov software, which will result in City staff providing improved services to developers and residents.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves Amendment No. 1 with Robert Half International, Inc. to Provide Professional Services Associated with EnerGov Implementation. 80 The foregoing resolution was passed and adopted this 8th day of August 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 Sa va or avarrete, City Attorney 81 ATTACHMENT B
AMENDMENT NO. 1
TO THE AGREEMENT BETWEEN THE CITY OF LATHROP AND
ROBERT HALF INTERNATIONAL, INC. DATED APRIL 21, 2022
TO PROVIDE ADDITIONAL STAFFING AUGMENTATION SERVICES IN THE
BUILDING DEPARTMENT FOR ENERGOV IMPLEMENTATION
THIS AMENDMENT ( hereinafter " AMENDMENT NO. 1") to the agreement between MacKay & Somps Civil Engineers, inc. and the City of Lathrop dated April 21, 2022, ( hereinafter AGREEMENT") dated for convenience this 8t'' day of August 2022, is by and between Robert Half International, Inc. (" CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Staffing Augmentation Services in the Building Department for EnerGov Implementation, which are required by this agreement; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, on April 21, 2022, CONSULTANT and CITY entered into an AGREEMENT to provide Staffing Augmentation Services in the Building Department for EnerGov Implementation, in the amount not to exceed $ 47, 000; and WHEREAS, CONSULTANT has provided CITY with a scope of work attached hereto as Exhibit " A" for Amendment No. 1 to provide Additional Staffing Augmentation Services in the Building Department for EnerGov Implementation; and
WHEREAS, CONSULTANT is willing to render such Staffing Augmentation Services in the Building Department for EnerGov Implementation, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AMENDMENT NO. 1 TO AGREEMENT
1) Scope of Service. Section ( 1) of the AGREEMENT is hereby amended to add the following:
CONSULTANT agrees to perform Staffing Augmentation Services in the Building Department for EnerGov Implementation in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" in addition to the scope of work in the original AGREEMENT dated April 21, 2022. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' S satisfaction.
2) Compensation. Section ( 2) of the AGREEMENT for Consulting Services is hereby amended as follows:
82 CITY OF LATHROP— ROBERT HALF INTERNATIONAL, INC.
STAFFING AUGMENTATION SERVICES IN THE BUILDING DEPARTMENT FOR ENERGOV
IMPLEMENTATION
City hereby agrees to pay CONSULTANT an additional cost of 93 600 for the services set forth in Exhibit " A" of this AMENDMENT NO. 1, with a total sum not to exceed of 140, 600 ($ 47, 000 for the original AGREEMENT and $ 93, 600 for AMENDMENT NO. 1).
CONSULTANT shall be paid within thirty ( 30) days of receipt of billings containing all information contained in Paragraph 5 of the original AGREEMENT. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in the original scope of work and this AMENDMENT unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' S Authorized Representative prior to the commencement of the work.
3) Effective Date and Term
The effective date of AMENDMENT NO. 1 is August 8, 2022, and it shall terminate no later than June 30, 2023. AMENDMENT NO. 1 hereby extends the term of the original AGREEMENT to June 30, 2023. All other terms of the original AGREEMENT shall remain in full force and effect.
4) Applicabilitv to Oriqinal Consultant AGREEMENT
All terms and conditions set forth in the AGREEMENT dated April 21, 2022 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
5) Siqnatures
The individuals executing this AMENDMENT NO. 1 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT NO. 1 on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
83 CITY OF LATHROP- ROBERT HALF INTERNATIONAL, INC.
STAFFING AUGMENTATION SERVICES IN THE BUILDING DEPARTMENT FOR ENERGOV
IMPLEMENTATION
Approved as to Form: City of Lathrop
City Attorney
g- r- Z Z_ Z
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Consultant: Robert Half International, Inc.
10100 Trinity Parkway, Suite 330
Stockton, CA 95219
Phone: ( 925) 225- 0690
Federal ID # 94- 1648752
Lathrop Business License # 20402
Signature Date
Print Name and Title
Page3of3
84 EXHIBIT A
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
This First Amendment to the Ciry ofLathrop Professional Services Agreement is entered into by and between Robert Half International Inc. (" Consultant," or " RH") and the City of Lathrop (" City" or " ClienY') ( the AmendmenY'). This Amendment is effective as of the last date listed below( the" Amendment Date").
RECITALS
WHEREAS, the parties entered into that certain City ofLathrop Professional Services Agreement with Robert HalfInternational Inc. regarding the services of the Assigned Individual Ricardo Mendoza- Ramos, dated April 21, 2022( the" AgreemenY'); WHEREAS, the parties now desire to amend the Agreement; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which each party acknowledges, the parties hereby agree as follows:
1. Exhibit A is hereby deleted in its entirety and replaced with the attached Exhibit A.
This Amendment is effective as of the Amendment Date, and no changes or modifications hereto shall be effective unless the same shall be in writing and signed by the parties. In the event of any inconsistency between the terms of the Agreement and the terms of this Amendment, the terms of this Amendment will supersede and control. in all other respects, the terms of the Agreement are ratified and confirmed.
The parties to this Amendment each indicate their acceptance of the terms herein by the signature of a duly authorized and empowered signatory.
Robert Half International Inc. EOE City of Lathrop
By: By:
Print: Print:
Title: Title:
Date: Date:
85 EXHIBIT A
ROBERT HALF STATEMENTOFWORK
This Robert Half Statement of Work RH(" SOW"), effective as of uly 28, 2022 is entered into by and between City of Lathrop (" ClienY') and Robert Half International Inc., through its technology practice group(" RH"). t. Scope of Engagement. RH will assign one or more individual( s) to Clientto assist Client with its completion of the following:
Responsible for performing the full scope of routine and complex assigned duties to bring the EnerGov platform to a Go Live s tatus.
Receives task guidance from the Chief Building Ofi'icial and the ISD Management Analyst. The scope of tasks assigned will be speciHc to EnerGov Applications forthe Permitting& Inspections modules, including butnot limited to:
1. Core Configuration: CSS, EnerGov Permitting, EnerGov Inspections, associated 5ystem/ Global settings a. Custom Field/ Online Custom Fields - creation and updates b. Fee/ Fee Template/ Fee Automation- creation and updates c. Reviews/ Submittals/ Items/ Files/ Conditions — creation and updates d. Workflow/ Actions/ Steps/ Tasks, etc.— creationand updates e. Holds- creation and updates
2. Report Configuration:
a. EnerGov SSRS reporting Crystal Reports maintenance and creation, SQL queries
3. Automation:
a. Intelligent Objects, Intelligent Actions, GeoRules, stored procedures, and views creation, modiHcation, and optimization, specific to EnerGov applications
4. Testing:
5. Training:
a Work with department administrator to create training materials. b. Assistwithpreparing for and performing Department Training.
Other tasks and duties as assigned by the ISD Management Analyst x. Professionals. RH will assign the following individual( s) ( each a" Professional") to Client forthis engagement:
Name of Professional Hourly Bill Rate Estimated Start Date Estimated End Date Ricardo Mendoza- Ramos $ 90. 0o q iz zozi 12/ 30/ 2022
3. Contact Information.
Client Representative RH Representative
Name: Michael Kin , P. E. Name: Michelle Knox
E- mail: E- Mail: michelle. knox rht. com
Phone: P:( zo9) 94- 7454 I( 209) 992- oot8 Phone: 97ZSz44$$ o Address: 390 Towne Centre Drive, Lathrop, CA 9533o Address: ioioo Trinity Parkway, Suie 33o Stockton, CA o5 9
4. Termination. Either party may terminate this SOW at any time upon thirty( 30) days' prior written notice to the other party.
5. General Conditions of Engagement. RH assigns the Professional( s) to Client pursuant to the General Conditions of Engagement attached hereto as Exhibit A and incorporated herein by reference.
Signaturepageto follow]
Robert Half Internationa) Inc., 2022. All rights reserved. Robert Half International Inc. isan Equal Opportunity Employer M/ F/ D/ V Page i of 5 v. 102
86 IAgreed to: Agreed to:
City of Lathrop Robert Half Internallonal, Inc.
By
Authorized signahare By
Authorized signahire
Name( type or prin[):
Date: Naine( type or print):
Date:
OO Robert Half International Inc., 2022. All rights reserved. Robert Half International Inc. isan Equal Opportunity Employer M/ F/ D/ V
87 Exhibit A
General Conditionsof Engagement
Required Screeninps.
IfClientrequiresRHtoperformbackgroundchecksorotherplacementscreeningsofthe Professionals, ClientagreestonotifyRH prior to the start of Services under this SOW. RH wi l conductsuch checks or screenings only ifthey are described in a signed, written amendment to this SOW. If Client requests a copy af the results of any checks conducted on RH' s Professionals, Client agrees to keep such results strictly confidential and to use such results in accordance with applicable laws and solely for employmentpurposes.
Sco e of Assi nment.
Client shall supervise the Professionals. Clientwill not permitor require a Professional( i) to performservices outside ofthe scope of his or her assignment;( ii) to sign contracts or statements;( iii) to make any final decisions regarding system design, software development or the acquisition of hardware or software;( iv) to make any management decisions; or( v) to use computers or other electronicdevices, software, services, tools, e-mail accounts or network equipmentowned or licensed by the Professional.
Cash H andling and Other Financial Transactions and Activities., If Client permits or allows a Professional to sign, endorse, wire, transport or otherwise convey cash, securities, checks, or any negotiable instruments or valuables, or conduct financial transactions or otherrelatedactivities, Cli ent accepts sole responsibility for all claims, demands and liability that may arise trom permitting these activities. Client represents and warrants that to the extent Clientpermits or allows a Professional to engage in the activities described in this paragraph, Clierrt will not permitor albw a Professional to handle more than( i)$, 000 per day if Client is a non- profit entity, or( ii)$ z5, 000 per day if Client is a for- profit entity.
Workplace Safetv.
Client agreesthat Clienthasfull responsibilityfor:( i) providingsafe workingconditionsas required by law, including compliance with all public health and occupational safety regulations and guidelines applicable to Client' s business, and( ii) ensuring that safety plans exist for, and safety related training is provided to, Professionals working on Client' s premises. To ensure the safety of potentially vulnerable individuals on Client' s premises, Client agrees not to permit Professionals to have unsupervised or unmonitored contact with() minorsor( z) adultswho are under Client' s care, custody or supervision because ofinental health impairments. If any assignment underthis SOW isfor work to be performed under a governmentcontract or subcontract, Clierit will notify RH immediately af any obligations in the govemmerrt contract or subcontract relating to wages.
O eration of Vehicles and Equiument.
RH does not authorize a Professional to operate machinery( otherthan office machines) orvehicles. lf Client wishesto permit a Professional to drive for business purposes, Client accepts sole responsibility for all liability, damages, injuries or otherclaims that may arise or be incurred as a result of such driving. If Client requires a Professional to drive a vehicle owned by Client or by a Client employee, Client agrees to maintain such vehicle in good working condition and maintain all necessary and appropriate insurance for the operation of such vehicle. Under no circumstanceswill Clientpermit a Professional to: make bankdeposits; carry cash in excess of$i oo, negotiable instruments or other valuables while driving; or have passengers in the vehicle. It is agreed that Client acceptsfull responsibility for, and that RH does not maintain insurance to cover any injury, damage, a-lossthat may result from Client' sfailure to complywiththe foregoing.
Remote Work.
Client may request that a Professional provide services remotely( i. e., from a location other than Client' s or Client' s customer' s premises) using a laptop and/ or other computer or telecommunications equipment provided by Client or RH( collectively, the Equipment"). In such case, Client acknowledges and agrees that RH shall have no control over, and Client shall be solely responsible for,( i) the logical and physical performance, reliability and security of the Equipment and related devices, network accessibility and availability, software, services, tools and e- mail accounts( collectively, " Computer Systems") used by the Professional, and( ii) the securityor integrityofthe data and otherinformationstored therein ortransmittedthereby. Moreover, Client must not permit a Professional to save or store any Client files or other data on the Computer Systems provided by RH including, but not li mited to, any virtual desktop infrastructure solution).
Claims.
OO Ro6ert Half International Inc., 2022. All rightsreserved. Robert Half International Inc. isan Equal Opportunity Employer M/ F/ D/ V
88 Client herebyagreesto waive all claims against Robert Half International Inc. and itssubsidiaries, divisions and affiliates, including their respectiveemployees, officers and directors( individually and together," Robert HaIY') and to defend and indemn ify Robert Half against any claim, demand or liability arising from Client' s failure to comply withthe terms of this Agreement, including, but not limited to, claims arisingfrom any damage to goods, materials or other items. Client agrees that it is responsible for reporting any claim to RH in writing during or within ninety( 90) days after the termination ofthe applicable assignment. RH will rot be responsible for any claim related to the engagement, including, but not limited to, any Services performed during such engagement, unless Client has reported such claim in writing to RH within ninety( go) days after termination of the applicable assignment.
Confidentialitv.
Professionals will execute any confidentiality agreement that Client may require. Client is responsible for obtaining the Professional' ssignature. Client agreesto hold in confidencethe identityof any Professional and the Professional' sresume, sodal security number and other legally protected personal information, and Client agrees to implement and maintain reasonable security procedures and practices to protectsuch information from unauthorized access, use, modification or disclosure.
Limitation on Liabilitv.
Circumstancesmayarisewhere, becauseofadefaulton RH' spartorotherliability, Clientisentitledtorecoverdamagesfrom RH.
Regardless of the basis on which Client is entitled to claim damages from RH ( including fundamental breach, negligence, misrepresentation or other contract or tort claim), RH' s liability, if any, will, in the aggregatefor all claims, causes of action or damages, be limited to anyactual direct damagesupto an amount equal to the feesactually paid to RH forthe services that ae the subject of the claim. Under no circumstances is RH liable for any special, incidental, exemplary, indirect, lost profits, or consequential damages( including, but not limited to, lost business, revenue, goodwill, or anticipated savings), even if informed of the possibility. It is understood that Client is responsible for implementing and maintaining usual, customary and appropriate internal accounting procedures and controls, internal controls and other appropriate procedures and controls ( including information technology, proprietary information, creative designs and trade secret safeguards) for Client, and RH shall not be responsible for any losses, liabilities or claims arisingfrom the lackofsuch controls or procedures.
EmolovmentTaxes. Withholdings and Insurance.
Each partywill maintain workers' compensation insurance and commercial liability insurance. RHwill be responsible, to the exterrt applicable, for any workers' compensation insurance, federal, state and local withholding and unemployment taxes, social security, state disability insurance or other payroll charges for the Professionals. RH reserves the right to re-assign any Professional.
Guarantee.
RH guarantees Client' s satisfaction withthe services of each Professional by extendingto Client a five( 5) day( 4o hours) g uarantee period. If,for any reason, Client is dissatisfied with a Professional, RH will not charge forthefirst forty( go) hoursworked during the applicable guarantee period, provided that Client allows RH to replace the Professional and Client contacts RH regarding its dissatisfaction before the end af the applicable guarantee period. Unless Client contacts RH before the end of the applicable guarantee period, Client agreesthat the Professional is satisfactory. RH MAKES NO OTHER EXPRE55 OR I MPLIED WARRANTIES
REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF QUALITY, PERFORMANCE, MERCHANTABILITYOR FITNE55 FORANYPURPOSE.
Services Providedon aTime and Materials Basis.
N otwithstanding any language to the contrary in this SOW with regard to fix ed- price, deliverables or acceptance of deliverables, RH shall be compensated on an hourly basis only. RH is not providing deliverables underthis SOW.
If, for any reason, any Professional is unable to complete his or herassignmerrt, RH will endeavor to provide a suitable replacement, subject to Client' sapproval. If RH isunable toidentifya replacementacceptabletoClient, this SOWwillbe deemed to have automaticallyendedwith respect to such Professional, except thatClientshall remainliable to RH for services provided by such Professional priorto his hertermination.
Payment Terms.
Each Professional will present a time sheet or an electronictime recordto Client' s or Client' s representativefor verification ar d approval at the end of each week. RH will bill Client weekly for the total hours worked. RH' s invoices are due upon receipt, O Robert Half International Inc., 2022. All rights reserved. Robert Half International Inc. is an Equal Opportunity Employer M/ F/ D/ V
89 including applicable sales and service taxes all of which are payable by Client. In the eventthat Client fails to pay the i nvaces when due, Client agrees to pay all of RH' s costs of collection, including reasonable attomeys' fees, whether or not legal action is initiated. Additionally, RH may, at its option, charge interest on any overdue amounts at a rate ofthe lesser of i'/: per morth or the highest rate allowed by applicable law from the datethe amountfirst became due. RH may charge you atechnologyfee for the provision of equipment or technology, ifyou request that our professional use equipmentortechnologyprovided by us RH may also increase its rates for the services provided under this SOW to reflect increases in RH' s own costs oF doing business, includingcostsassociatedwithhigherwagesforworkersand orrelatedtax, benefitandothercosts. RHwillprovidewrittenor verbal notice ofthe technologyfeesand or increase in ratesfor the services, and suchincreasewill be prospective, startingas of the effective date RH specifies.
Overtime.
If applicable, overtime will be billed at. 5o timesthe normal billing rate. Federal law defines overtime as hours in excess of 40 hours per week, state laws vary. If state law requires doubletime pay, the double time hourswill be billed at Z. 00 times the normal billing rate.
Expenses.
Travel and/ or out-of-pocket expensesincurred by a Professional shall be reimbursed by Client immediatelyupon Clierrt' s receipt ofinvoice.
Hiringthe Professional.
After Client evaluatesthe performance and potential of a Professional on the job, Client may wish to employthis person directly.
In such event, Client agreesto pay a conversion fee. The conversionfee is payable if Client hires the Professional, regardless of the employment classification, on either a full- time, temporary( including temporary assignmentsthrough anotheragency) or consultingbasiswithintwelvemonthsafterthelastdayoftheProfessional' sassignment. Clientalsoagreestopayaconversion fee if a Professional is hired by ( i) a subsidiary or other related company or business as a result af Client' s referral af the Professional to that company or( ii) one af Client' s customers as a result afthe Professional providing servicesto that customer.
The conversion fee will be owed and invoiced upon Client' s hiring of the Professional, and payment is due upon receipt of the invoice. The same calculation will be used if Client converts the Professional on a part-time basis using the full-time equivalent salary.
The conversion fee will equal a percentage of the Professional' s aggregate annual compensation, including bonuses:
Hours Billed and Paid Conversion Rate
Uptoandincluding69ohours i5%
More than 690 hours 50o flat fee
Miscellaneous.
For a change to be valid, both parties must sign it. Additional or different terms in any written communication from Client( such as a purchase order) are void. Any terms ofthis 5oW which by their nature extend beyondthe termi nation of this 5 OW will remain in effect until fulfilled, including any payment obligations, and apply to each party's respective successors and assignees. This SOW is the complete agreement regarding the engagement( s) identified on the first page of this SOW, and replaces any priororal orwritten communicationsbetween RH and Clientregardingsuch engagement( s).
OO Robert Ha f International Inc., 2022. All rights reserved. Robert Half International Inc. is an Equal Opportunity Employer M/ F/ D/ V
90 ITEM 4. 7
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AMENDMENT NO. 3 WITH LUHDORFF &
SCALMANINI CONSULTING ENGINEERS, CONTRACT
CHANGE ORDER NO. 4 WITH COMMERCIAL PUMP &
MECHANICAL, INC., AND RELATED BUDGET
AMENDMENT FOR WELL 10 TESTING, ANALYSIS AND
MODIFICATIONS, CAPITAL IMPROVEMENT PRO7ECT
PW 22- 37
RECOMMENDATION: Adopt Resolution Approving Amendment No. 3 with Luhdorff & Scalmanini Consulting Engineers,
Contract Change Order No. 4 with Commercial Pump
Mechanical, Inc., and Related Budget Amendment
for the Well 10 Testing, Analysis and Modifications,
Capital Improvement Project PW 22- 37
SUMMARY:
The Well 10 Testing, Analysis and Modifications ( Well 10 TAM), Capital Improvement Project ( CIP) PW 22- 37 is needed to address sanding and other maintenance items for the City' s Well 10, a critical component of the City' s water supply. On November 8, 2021, Council approved the creation of CIP PW 22- 37 and Amendment No. 2 with Luhdorff & Scalmanini Consulting Engineers ( LSCE), and on February 14, 2022, Council awarded a construction contract to Commercial Pump and Mechanical Inc., CPM).
The well testing and analysis have been completed and a change order has been issued to CPM to purchase and install a well liner that is recommended to address the well sanding issue. Costs to complete the project have risen due to a number of factors including review and approval of the well design from the Division of Drinking Water and the San Joaquin County Environmental Health Department ( SJEHD), increased costs for materials, and additional engineering services from LSCE.
Additional modifications have also been recommended including a new pump, lineshaft and mechanical seal that exceed the current project budget.
Staff requests Council to approve Amendment No. 3 with LSCE in the amount of 15, 000 for additional engineering services and Contract Change Order No. 4 CCO# 4) with CPM in the amount of $ 117, 402 for additional recommended modifications. In addition, staff requests Council approve a budget amendment allocating $ 152, 263 of the Water Capital Replacement Fund 5600 for the project to complete the Well 10 Testing, Analysis and Modifications, CIP PW 22- 37. 91 CITY MANAGER' S REPORT PAGE 2
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 3 WITH LSCE, CONTRACT CHANGE ORDER NO. 4 WITH CPM AND BUDGET AMENDMENT FOR WELL 10 TESTING, ANALYSIS AND MODIFICATIONS, CAPITAL IMPROVEMENT PROJECT PW 22- 37 BACKGROUND:
The Well 10 TAM, CIP PW 22- 37 is needed to address sanding and other maintenance issues for the City' s Well 10, one of four active wells comprising the City' s groundwater supply.
On November 8, 2021, City Council approved the creation of the Well 10 TAM, CIP PW 22- 37 and approved Amendment No. 2 with LSCE. On February 14, 2022, Council awarded a construction contract to CPM for well testing and analysis, recommended well maintenance and contingency for alternate bid items for anticipated potential recommended well modifications and repairs.
The initial well testing and analysis have been completed and a change order has been issued to CPM to purchase and install a well liner that is recommended to address the well sanding issue. Due to the long lead- time required to procure the materials, Well 10 has been placed back on- line in case it is needed to augment existing water supplies to meet seasonal peak demand.
However, costs have risen due to a number of factors, including review and approval of the well design from the Division of Drinking Water and the San Joaquin County Environmental Health Department, increased costs for materials, and additional engineering services from LSCE. Additional modifications have also been recommended including a new pump, lineshaft and mechanical seal that exceed the project budget. Change Order No. 4 with CPM includes additional quantities of bid items plus alternative bid items to complete the additional recommended well modifications.
A project budget augmentation in the amount of $ 152, 263 is requested as follows:
Descri tion Cost
CPM - Additional Well Modifications 117, 402
LSCE - Additional En ineerin Services 15, 000
Sub- total 132, 402
15% Contin enc 19, 861
TOTAL 152, 263
REASON FOR RECOMMENDATION:
This project is needed to address sanding and other maintenance items for the City' s Well 10, a critical component of the City' s water supply. Staff requests Council to approve Amendment No. 3 with LSCE in the amount of $ 15, 000 and Contract Change Order No. 4 ( CCO# 4) with CPM in the amount of$ 117, 402. In addition, staff requests Council approve a budget amendment allocating $ 152, 263 of the Water Capital Replacement Fund 5600 for the project to complete the Well 10 Testing, Analysis and Modifications, CIP PW 22- 37.
92 CITY MANAGER' S REPORT PAGE 3
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 3 WITH LSCE, CONTRACT CHANGE ORDER NO. 4 WITH CPM AND BUDGET AMENDMENT FOR WELL 10 TESTING, ANALYSIS AND MODIFICATIONS, CAPITAL IMPROVEMENT PRO7ECT PW 22- 37 FISCAL IMPACT:
The cost for Contract Change Order No. 4 with CPM for the additional well modifications is $ 117, 402 and the cost for Amendment No. 3 for additional engineering services from LSCE is $ 15, 000 for a total cost of $ 152, 263 including a fifteen percent contingency.
Sufficient project funds were not included in the approved budget for Well 10 TAM, CIP PW 22- 37 for additional recommended well modifications and engineering services; therefore, staff is requesting that Council approve a budget amendment allocating $ 152, 263 of the Water Capital Replacement Fund 5600 to the project as follows:
Increase Transfers Out
5600- 99- 00- 990- 90- 10 152, 263
Increase Transfers In
5690- 99- 00- 393- 00- 00 PW 22- 37 152, 263
Increase Expenditures
5690- 80- 00- 420- 12- 00 PW 22- 37 152, 263
ATTACH M ENTS:
A. Resolution Approving Amendment No. 3 with Luhdorff & Scalmanini Consulting Engineers, Contract Change Order No. 4 with Commercial Pump & Mechanical, Inc., and Related Budget Amendment for the Well 10 Testing, Analysis and Modifications, Capital Improvement Project PW 22- 37
B. Amendment No. 3 with Luhdorff & Scalmanini Consulting Engineers for the Well 10 Testing, Analysis and Modifications, Capital Improvement Project ( CIP) PW 22- 37 C. Contract Change Order No. 4 with Commercial Pump & Mechanical Inc., for the Well 10 Testing, Analysis and Modifications, Capital Improvement Project ( CIP) PW 22- 37
93 CITY MANAGER' S REPORT PAGE 4
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 3 WITH LSCE, CONTRACT CHANGE ORDER NO. 4 WITH CPM AND BUDGET AMENDMENT FOR WELL 10 TESTING, ANALYSIS AND MODIFICATIONS, CAPITAL IMPROVEMENT PROJECT PW 22- 37 APPROVALS:
R
28 • Zo22
Greg Gibson Date
Senior Civil Engineer
i.
Cari Jame Date
Finance Di e tor
1---- 28 ZC22
Michael King Date
Assistant City Manager
Z ' ZL
Salvador Navarrete Date
City Attorney
i
Z'?' 7.
Steph f Salvatore Date
City Manager
94 RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AMENDMENT NO. 3 WITH LUHDORFF & SCALMANINI
CONSULTING ENGINEERS, CONTRACT CHANGE ORDER NO. 4 WITH
COMMERCIAL PUMP & MECHANICAL, INC., AND RELATED BUDGET
AMENDMENT FOR THE WELL 10 TESTING, ANALYSIS AND MODIFICATIONS, CAPITAL IMPROVEMENT PROJECT PW 22- 37
WHEREAS, the Well 10 Testing, Analysis and Modifications ( Well 10 TAM), CIP PW 22- 37 is needed to address sanding and other maintenance items for the City' s Well 10, a critical component of the City' s water supply; and WHEREAS, on November 8, 2021, City Council approved the creation of the Well 10 TAM, CIP PW 22- 37 and Amendment No. 2 with Luhdorff & Scalmanini Consulting Engineers ( LSCE); and
WHEREAS, on February 14, 2022, Council awarded a construction contract to Commercial Pump and Mechanical Inc. ( CPM); and
WHEREAS, the well testing and analysis have been completed and a change order has been issued to CPM to purchase and install a well liner that is recommended to address the well sanding issue; and
WHEREAS, costs have risen due to a number of factors, including review and approval of the well design from the Division of Drinking Water and the San Joaquin County Environmental Health Department, increased costs for materials, and the need for additional engineering services from LSCE; and WHEREAS; additional modifications have also been recommended including a new pump, lineshaft and mechanical seal that exceed the current project budget; and
WHEREAS, the cost for Contract Change Order No. 4 ( CCO # 4) with CPM for the additional well modifications is $ 117, 402 and the cost for Amendment No. 3 for additional engineering services from LSCE is $ 15, 000 for a total cost of $ 152, 263 including a fifteen percent contingency; and
WHEREAS, CCO # 4 with CPM includes additional quantities of bid items plus alternative bid items to complete the additional recommended well modifications; and
WHEREAS, sufficient project funds were not included in the adopted Fiscal Year ( FY) 22/ 23 Budget for the additional recommended well modification and engineering services; therefore, staff is requesting that Council approve a budget amendment allocating $ 152, 263 of the Water Capital Replacement Fund 5600 to Well 10 Testing, Analysis and Modifications, CIP PW 22- 37 as follows:
95 Increase Transfers Out
5600- 99- 00- 990- 90- 10 152, 263
Increase Transfers In
5690- 99- 00- 393- 00- 00 PW 22- 37 152, 263
Increase Expenditures
5690- 80- 00- 420- 12- 00 PW 22- 37 152, 263
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Amendment No. 3 with Luhdorff & Scalmanini Consulting Engineers for additional engineering services for the Well 10 Testing, Analysis and Modifications CIP PW 22- 37 in the amount of $ 15, 000; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve Contract Change Order No. 4 with Commercial Pump and Mechanical Inc. for additional well modifications for the Well 10 Testing, Analysis and Modifications CIP PW 22- 37 in the amount of $ 117, 402; and BE IT FURTHER RESOLVED, a budget amendment allocating $ 152, 263 of the Water Capital Replacement Fund 5600 to the project is approved as follows:
Increase Transfers Out
5600- 99- 00- 990- 90- 10 152, 263
Increase Transfers In
5690- 99- 00- 393- 00- 00 PW 22- 37 152, 263
Increase Expenditures
5690- 80- 00- 420- 12- 00 PW 22- 37 152, 263
96 The foregoing resolution was passed and adopted this 8t'' day of August 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 97 ATTACHMENT B
AMENDMENT NO. 3
TO THE AGREEMENT BETWEEN THE CITY OF LATHROP AND
LUHDORFF & SCALMANINI CONSULTING ENGINEERS
FOR WELL NO. 10 TESTING, ANALYSIS AND MODIFICATIONS, CIP PW 22- 37 THIS AMENDMENT ( hereinafter " AMENDMENT NO. 3") to the agreement between Luhdorff & Scalmanini Consulting Engineers and the City of Lathrop dated May 25, 2021, hereinafter " AGREEMENT") dated for convenience this 8th day of August 2022, is by and between Luhdorff & Scalmanini Consulting Engineers (" CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Engineering Consulting Services for the City of Lathrop, which are required by this agreement; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, on May 25, 2021, CONSULTANT and CITY entered into an AGREEMENT to perform the Professional Engineering Consulting Services for Well Testing and Analysis for Well No. 10 Sand Production not to exceed $ 7, 000. 00 ; and WHEREAS, on August 11, 2021, CONSULTANT and CITY entered into AMENDMENT No. 1 for Well Testing and Analysis for We l 10 Sand Production for$ 4, 450. 24; and WHEREAS, on November 8, 2021, CONSULTANT and CITY entered into AMENDMENT No. 2 for Well 10 Testing, Analysis and Modifications, CIP PW 22- 37 for$ 25, 500; and WHEREAS, CONSULTANT provided scope of work attached hereto as Exhibit " A" for Amendment No. 3 for Well 10 Testing, Analysis and Modifications, CIP PW 22- 37; and NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AMENDMENT NO. 3 TO AGREEMENT
1) Scope of Service. Section ( 1) of the AGREEMENT for Consulting is hereby amended to add the following:
CONSULTANT agrees to perform Well 10 Testing, Analysis and Modifications, CIP PW 22- 37 in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" and incorporated herein by reference. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' S satisfaction.
2) Compensation. Section ( 2) of the AGREEMENT for Consulting Services is hereby amended as follows:
98 CITY OF LATHROP— LUHDORFF& SCALMANINI CONSULTING ENGINEERS AMENDMENT NO. 3 FOR WELL 10 TESTING, ANALYSIS AND MODIFICATION, CIP PW 22- 37 City hereby agrees to pay CONSULTANT a sum not to exceed $ 15, 000. 00 for services set forth in Exhibit " A" of this Amendment No. 2, with a total sum not to exceed of 51, 950. 24 ($ 7, 000 for the original AGREEMENT, $ 4, 450. 24 for AMENDMENT NO. 1, 25, 500 for AMENDMENT NO. 2, and $ 15, 000 for AMENDMENT NO. 3). CONSULTANT shall be paid within thirty( 30) days of receipt of billings containing all information contained in Paragraph 5 of the original AGREEMENT. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in the original scope of work and this AMENDMENT unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' S Authorized Representative prior to the commencement of the work. Payment is made based on a time and materials basis. 3) Effective Date and Term
The effective date of Amendment No. 3 is August 8, 2022, and it shall terminate no later than June 30, 2023. All other terms of the original AGREEMENT shall remain in full force and effect.
4) Applicabilitv to Oriqinal Consultant AGREEMENT
All terms and conditions set forth in the AGREEMENT dated May 25, 2021 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.
5) Siqnatures
The individuals executing this AMENDMENT NO. 3 represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this AMENDMENT NO. 3 on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
99 CITY OF LATHROP— LUHDORFF & SCALMANINI CONSULTING ENGINEERS AMENDMENT NO. 3 FOR WELL 10 TESTING, ANALYSIS AND MODIFICATION, CIP PW 22- 37 Approved as to Form: City of Lathrop
City Attorney
Z`j•2a.. Z.
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Consultant: Luhdorff & Scalmanini Consulting Engineers
500 First St
Woodland, CA 95695
Federal ID # 20- 1984423
Business License # 20853
Signature Date
Print Name and Title
100
EXHIBIT A
Luhdorff Scalmanini
Consulting Engineers
July 12, 2022
LSCE File No. 21- 2- 131
Mr. Greg Gibson
City of Lathrop
Public Works Department
390 Town Center Drive
Lathrop, CA 95330
SUBJECT: City of Lathrop Well 10 Capital Improvement Project, Testing, Analysis and Modifications — Budget Increase Request
Dear Mr. Gibson:
Per the City' s request, Luhdorff& Scalmanini Consulting Engineers ( LSCE) is pleased to submit this request for a budget increase to complete the Well 10 Improvement Project. LSCE has assisted the City with investigating the Well 10 for sand related issues. The original contract was executed on December 15, 2021 and it included four tasks, described as follows:
Task 1: Review of the City' s Front- End Specifications ( completed) Task 2: Development of Work Plan and Technical Specifications ( completed) Task 3: Bidding Assistance ( completed)
Task 4 Oversite of the Well Rehab and Pump Replacement. ( partially completed) LSCE has nearfy completed the technical engineering aspects of the Project ( scoped) and assisted the City with out of scope items such as reviewing and providing input to the City regarding the Contractor' s invoices and change order requests, and assisted the City with request to City Council for approval of additional funds.
The Project diverged from the original schedule that intended for completing the well rehab, modification, and pump replacement this summer. The time to finalize the well modifications took longer than anticipated for several reason: the well investigation needed a second dynamic video survey to determine the source of sand; time for review and approval of the well modification design from San Joaquin County ( County) and Division of Drinking Water ( DDW); and procurement of the materials by the Contractor. The City decided to reinstall the existing pumping equipment to provide the City with a reliable drinking water source for the summer.
Finalizing the well modification design and assisting with the City with the County and DDW has exhausted LSCE' s approved budget. The requested budget increase shall cover LSCE' s time going forward and any time that was over LSCE' s approved budget.
SDQ First Street 530) 6S9- D109
Waadland, CA 95695 www. lsce.com
101
MR. GIBSON
JULY 12, 2022 CITY OF LATHROP- WELL 1 O
PAGE Z
SCOPE OF WORK
Engineering Services
Per the City' s direction, LSCE will provide technical engineering services for the City. This would include:
I. Review of the Contractor' s submittals
II. Review of the Contractor' s request for information ( RFI), III. Oversight of the well liner installation
IV. Oversight of the well development pumping
V. Oversight of the well aquifer testing
VI. Development of the pump design for the replacement pump VII. Oversight of the replacement pump installation
VIII. Oversight of the pump performance testing
We propose a budget increase request of$ 15, 000. We assume the City will complete the construction management and therefore the scope of this budget increase request does not include any construction management which includes but not limited to review of the Contractor' s invoices, change order requests, nor the daily correspondences with the Contractor.
Thank you for giving us the opportunity to prepare this budget increase request for the scoped items of work.
Sincerely,
LUHDORFF& SCALMANINI,
CONSULTING ENGINEERS
I
Eddy Teasdale, P. G., C. Hg. Philip L'Amoreaux, P. E.
Supervising Hydrogeologist Project Engineer
LSCE
102
ATTACHMENT C
CHANGE ORDER NO. 4
Well 10 Testing, Analysis and Modifications,
CIP PW 22- 37 City of Lathrop
CONTRACT CHANGE ORDER NO. 4
WELL 10 TESTING, ANALYSIS AND MODIFICATIONS, CIP PW 22- 37 Contractor: Commercial Pump & Mechanical, Inc.
Address: P. O. BOX 7947
Chico, CA 95927
Change Order Date: August 8, 2022
Notice to Proceed Date: March 3, 2022
Contract Execution Date: February 14, 2022
This contract change order augments or changes the following:
1) ADDITION TO CONTRACT — Additional of Base Bid Items # 2, # 9, # 10, # 13, and Alternate Bid Items # 17, # 18, # 19, # 21, a level transducer, and the price change of the liner material as described below and pursuant to the Contract Specifications.
2) CHANGE IN SPECIFICATIONS — Frank Vallejo, City of Lathrop shall be the designated CITY'S REPRESENTATIVE for the project, replacing Luhdorff & Scalmanini who will continue to provide engineering services to support the project as the designated ENGINEER for the project.
Pursuant to the provisions of the Contract Specifications and proposal attached as Exhibit A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and Commercial Pump & Mechanical, Inc. dated February 14, 2022.
I. CHANGES IN THE SPECIFICATIONS
A. First sentence of Section 00800 - SUPPLEMENTARY CONDITIONS, SC- 2
DUTIES, RESPONSIBILITES AND LIMITATIONS OF AUTHORITY OF CITY' S REPRESENTATIVE is modified as follows: Philip L' Amoreaux, PE, Project Engineer or Eddy Teasdale, PG, CH. G from Luhdorff & Scalmanini Consulting Engineers shall be the designated ENGINEER and Frank Valleio, Utility Operations Superintendent for the City of Lathrop shall be the designated CITY' S REPRESENTATIVE for the project.
II. ADDITIONS TO CONTRACT
NO. DESCRIPTION QTY UNIT UNIT TOTAL
PRICE
1 Additional Base Bid Item # 2 — Permanent
1 LS $ 12, 040. 00 $ 12, 040. 00
Pump Removal and Replacement
2 Additional Base Bid Item # 9 — Disinfection
1 LS 2, 000. 00 $ 2, 000. 00
with Tremie Pipe
103
CHANGE ORDER NO. 4
Well 10 Testing, Analysis and Modifications,
CIP PW 22- 37 City of Lathrop
3 Additional Base Bid Item# 10— Chlorination
1 LS 1, 000. 00 $ 1, 000.00
and Dechlorination
Additional Base Bid Item # 13 — Lineshaft,
4 Bearings and Retainers + NSF 61 1 LS $ 23, 936. 00 $ 23, 936. 00 Certification
5 Add Alt. Bid Item # 17 — Post Modification
1 LS $ 23, 590. 00 $ 23, 590. 00
Well Development
6 Add Alt. Bid Item # 18— Post Modification
1 LS 6, 500. 00 $ 6, 500. 00
Well Aquifer Testing
7 Add Alt. Bid Item # 19 — Bowl Assembly 1 LS $ 36, 665. 00 $ 36, 665. 00 8 Add Alt. Bid Item # 21 — Mechanical Seal 1 LS 4, 142. 00 $ 4, 142. 00 9 Add Water Level Transducer 1 LS 1, 244. 00 $ 1, 244. 00 Price Change of 14" HSLA Spiral Wound
1 Pipe, 14" x 123/a" Reducer, 123/4" HSLA to
1 LS 6, 285. 00 $ 6, 285. 00
304SS Dielectric Coupling including sales
tax
TOTAL ADDITIONAL COST FROM THIS CHANGE ORDER NO. 4 117, 402. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 3 88, 778. 18 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 2 3, 384. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 1 4, 870. 00 ORIGINAL CONTRACT AMOUNT 87, 664. 00
REVISED CONTRACT AMOUNT AFTER CHANGE ORDER NO. 4 302, 098. 18
END OF CHANGES)
DESCRIPTION OF WORK
See additions to contract. The contractor shall provide all labor, material, equipment and shall perform all incidental tasks as necessary to complete the change order.
TIME OF COMPLETION
The extra work will increase the time frame of the original contract by 0 working days, and is to be completed concurrent with other various items of work.
RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 4. 104
CHANGE ORDER NO. 4
Well 10 Testing, Analysis and Modifications,
CIP PW 22- 37 City of Lathrop
Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract.
Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:
A general release does not extend fo claims which the Creditor does not know or suspect to exist in his favor at time of executing fhe release, which if known by him must have materially affected his settlement with the debfor.
END OF SECTION)
105
CHANGE ORDER NO. 4
Well 10 Testing, Analysis and Modifications,
CIP PW 22- 37 City of Lathrop
Approved As
To Form: Z-- 2A ZZSalvador Navarrete Date
City Attorney
City of Lathrop
Recommended
By:
Michael King Date
Assistant City Manager
City of Lathrop
Approved By:
Stephen J. Salvatore Date
City Manager
City of Lathrop
Accepted By
Contractor:
Commercial Pump & Mechanical, Inc. Date
Print Name and Title
106
EXHIBIT A
C C l.
August 3, 2022
Frank Vallejo
Utility Operations Superintendent
City of Lathrop
fvallejo cr, ci. lathrop. ca. us
RE: Well 10 Testing, Analysis, and Modifications, CIP# 22- 37 Change Order# 04 Request
Item # 1 — Add Base Bid Item# 2— Permanent Pump
Removal and Replacement 12, 040. 00
Item# 2— Add Base Bid Item# 9— Disinfection with
Tremie Pipe 2, 000. 00
Item# 3— Add Base Bid Item# 10— Chlorination and
Dechlorination 1, 000.00
Item # 4— Add Base Bid Item# 13— Lineshaft, Bearings,
and Retainers+ NSF 61 Certification 23, 936. 00
Item# 5 — Add Alt. Bid Item # 17— Post Modification Well Development 23, 590. 00
Item# 6— Add Alt. Bid Item# 18— Post Modification Well
Aquifer Testing 6, 500. 00
Continued -
11254 Midway, Chico CA 95928 530. 899. 1583v 530. 899.7225f www. cpmpump. com 107
Well 10 Testing, Analysis, and Modifications, CIP# 22- 37 Page 2 Change Order# 04 Request
Item# 7— Add Alt. Bid Item# 19— Bowl Assembly 36, 665. 00 Item # 8— Add Alt. Bid Item# 21 — Mechanical Seal 4, 142. 00 Item# 9— Add Water Level Transducer 1, 244. 00
Item # 10— 14" HSLA Spiral Wound Pipe, 14" x 12 3/ 4" Reducer 12 3/ 0" HSLA to 304SS Dielectric Coupling, Tax
Adder for Cost Escalation 6, 285. 00
Total Price 117, 402. 00
Price is firm for Acceptance until September 9, 2022
Exception— Item # 4 Lineshaft, Bearings, and Retainers price good until August 12, 2022 Exception— Item# 7— Bowl Assembly— Will be requoted at time of order, which will be after the Liner Installation and Ayuifer Testing
y'
Steven L. Greenwood
Commercial Pump & Mechanical, Inc.
11254 Midway, Chico CA 95928 530. 899. 1583v 530. 899. 7225f ( www.cpmpump. com 108
ITEM 4.8
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PROFESSIONAL CONSULTING SERVICES
AGREEMENT WITH DARRYL ALEXANDER &
ASSOCIATES, INC. FOR ON- CALL LAND SURVEY AND
MAPPING SERVICES
RECOMMENDATION: Adopt Resolution Approving a Professional Consulting Services Agreement with Darryl
Alexander & Associates, Inc. to provide On- Call Land
Survey and Mapping Services
SUMMARY:
The City continues to experience rapid growth over the past few years, even during the recent pandemic, and the increase in construction and development projects has remained steady. The Land Development Division within the Public Works ( PW) Department is responsible for processing all residential, commercial and industrial development projects.
While City staff perform the critical tasks related to processing land development projects, specialized consultant services are needed to complete land survey and mapping tasks.
Staff is requesting City Council approval of a Professional Consulting Services Agreement with Darryl Alexander & Associates, Inc. ( Alexander & Associates) to provide On- Call Land Survey and Mapping Services on a time and materials basis for a cost not to exceed $ 150, 000.
BACKGROUND:
The City continues to experience rapid growth over the past few years, even during the recent pandemic, and the increase in construction and development projects has remained steady. The Land Development Division within the Public Works Department is responsible for processing all residential, commercial, and industrial development projects. Plan checks are either performed in- house or under contract with outside consulting firms, depending on the workload and complexity of the projects. The increase in construction and development projects requires more resources.
Staff solicited and received a proposal from Alexander & Associates to provide oncall land survey and mapping services on a time and materials basis for a cost not to exceed $ 150, 000. While City staff perform the key tasks related to processing land development projects, specialized consultant services are needed to complete land survey and mapping tasks.
109
CITY MANAGER' S REPORT PAGE 2
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
APPROVE PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH DARRYL ALEXANDER & ASSOCIATES, INC. FOR ON- CALL LAND SURVEY AND
MAPPING SERVICES
REASON FOR RECOMMENDATION:
Professional services are needed for the Land Development Division to keep up with the continued rapid growth over the past few years, and the increase in construction and development projects.
FISCAL IMPACT:
The cost of the Professional Consulting Services Agreement with Alexander & Associates is not to exceed $ 150, 000 and will be paid on a time and materials basis.
Sufficient funds have been included in the adopted fiscal year 2022- 23 budget.
ATTACH M ENTS:
A. Resolution Approving a Professional Consulting Services Agreement with Darryl Alexander & Associates, Inc. to provide On- Call Land Survey and Mapping Services
B. Professional Consulting Services Agreement with Darryl Alexander & Associates, Inc. to provide On- Call Land Survey and Mapping Services 110
CITY MANAGER' S REPORT PAGE 3
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
APPROVE PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH DARRYL ALEXANDER & ASSOCIATES, INC. FOR ON- CALL LAND SURVEY AND
MAPPING SERVICES
APPROVALS:
7, y 2oz2_
Brad ylor Date
City Engineer
V
Cari Ja Date
Financ irector
r--- .- I` t , Z oZ Z
Michael King Date
Assistant City Manager
3 - z-t
Saivador Navarrete Date
City Attorney
Z L Z
Ste en J. Salvatore Date
City Manager
111
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING A PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH DARRYL ALEXANDER & ASSOCIATES, INC., TO PROVIDE ON- CALL LAND
SURVEY AND MAPPING SERVICES
WHEREAS, the Land Development Division within the Public Works Department is responsible for processing all residential, commercial and industrial development projects; and
WHEREAS, the City continues to experience rapid growth over the past few years, even during the recent pandemic, and the increase in construction and development projects has remained steady; and
WHEREAS, while City staff perform the key tasks related to processing land development projects, specialized consultant services are needed to complete land survey and mapping tasks in order to keep pace with ongoing construction activity and;
WHEREAS, staff solicited and received a proposal from Darryl Alexander & Associates, Inc. to provide on- call land survey and mapping services on a time and materials basis for a cost not to exceed $ 150, 000; and WHEREAS, sufficient funds have been included in the adopted fiscal year 2022- 23 budget.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve a Professional Consulting Services Agreement with Darryl Alexander & Associates, Inc. to provide On- Call Land Survey and Mapping Services and will be paid on a time and material basis for an amount not to exceed 150, 000.
112
The foregoing resolution was passed and adopted this 8th day of August 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 113
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH
ALEXANDER & ASSOCIATES, INC.
FOR ON- CALL LAND SURVEYOR SERVICES AND MAPPING
SERVICES
THIS AGREEMENT, dated for convenience this August 8t", 2022 is by and between ALEXANDER & ASSOCIATES, INC. (" CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT as specially trained, experienced, and competent to perform On- Call Land Survey and Mapping Services, which are required by this agreement; and; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such On- Call Land Survey and Mapping Services, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service
CONSULTANT agrees to perform Professional Consulting Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit" A" and incorporated herein by reference. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' S satisfaction.
2) Compensation
CITY hereby agrees to pay CONSULTANT on time and material basis not to exceed 150 000 for the Consulting Services set forth in Exhibit " A".
CONSULTANT shall be paid any uncontested sum due and payable within thirty 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' S authorized representative prior to the commencement of the work.
Payment is made based on a time and materials basis.
114
CITY OF LATHROP— CONSULTING SERVICES AGREEMENT
ALEXANDER & ASSOCIATES, INC FOR ON- CALL LAND SURVEYOR SERVICES AND
MAPPING SERVICES
3) Effective Date and Term
The effective date of this Agreement is August 8, 2022, and it shall terminate no later than December 31, 2023.
4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit " A" to City' s satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY. 5) Billinqs
CONSULTANT' S bills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reportinq
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.
7) Assiqnment of Personnel
CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request.
The services shall be performed by, or under the direct supervision, of CONSULTANT' S Authorized Representative: Darryl Alexander, CONSULTANT shall not replace its Authorized Representative without the prior written approval by the CITY.
115
CITY OF LATHROP— CONSULTIIVG SERVICES AGREEMENT
ALEXANDER & ASSOCIATES, INC FOR ON- CALL LAND SURVEYOR SERVICES AND
MAPPING SERVICES
8) Assiqnment and Subcontractinq
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' S authorized representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized representative.
9) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY.
CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars. In the alternative, CONSULTANT may rely on a selfinsurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance.
CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement.
116
CITY OF LATHROP— CONSULTING SERVICES AGREEMENT
ALEXANDER & ASSOCIATES, INC FOR ON- CALL LAND SURVEYOR SERVICES AND
MAPPING SERVICES
If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' s general supervision of CONSULTANT; products and completed operations of
CONSULTANT; premises owned, occupied or used by
CONSULTANT. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsemen must state that coverage is primary
insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage. iv) Any failure of CONSULTANT to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California- admitted insurers with a Best' s rating of no less than A: VII.
vi) Notice of cancellation or non- renewal must be received by CITY at least thirty days prior to such change.
117
CITY OF LATHROP— CONSULTING SERVICES AGREEMENT
ALEXANDER & ASSOCIATES, INC FOR ON- CALL LAND SURVEYOR SERVICES AND
MAPPING SERVICES
c) Professional Liabilitv. CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than One Million Dollars ($ 1, 000, 000) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self-insured retention shall not exceed 150,000 per claim.
ii) Notice of cancellation, material change, or non- renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:
1. The retroactive date of the policy must be shown and must be before the date of the Agreement.
2. Insurance must be maintained and evidence of
insurance must be provided for at least five years after completion of the Agreement or the work, so long as
commercially available at reasonable rates.
3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a
retroactive date that precedes the date of this
Agreement, CONSULTANT must provide extended
reporting coverage for a minimum of five years after
completion of the Agreement or the work. The CITY
shall have the right to exercise at the CONSULTANT' S
cost, any extended reporting provisions of the policy
should the CONSULTANT cancel or not renew the
coverage.
4. A copy of the claim reporting requirements must be
submitted to the CITY prior to the commencement of
any work under this Agreement.
118
CITY OF LATHROP— CONSULTING SERVICES AGREEMENT
ALEXANDER & ASSOCIATES, INC FOR ON- CALL LAND SURVEYOR SERVICES AND
MAPPING SERVICES
d) Deductibles and Self- Insured Retentions. CONSULTANT shall disclose the self- insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self- insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' s authorized representative may condition approval of an increase in deductible or self- insured retention levels upon a requirement that CONSULTANT procure a bond
guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e) Notice of Reduction in Coveraqe. In the event that any coverage required under subsections ( a), ( b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' S earliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
f) In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT
hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the
requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' S breach.
119
CITY OF LATHROP- CONSULTING SERVICES AGREEMENT
ALEXANDER & ASSOCIATES, INC FOR ON- CALL LAND SURVEYOR SERVICES AND
MAPPING SERVICES
10) Indemnification - CONSULTANT' S Responsibility
As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, ( b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform.
Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed.
It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' S profession.
CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
11) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses
CONSULTANT shall obtain and maintain a City of Lathrop Business License until all Agreement services are rendered and accepted by the CITY.
120
i
CITY OF LATHROP— CONSULTING SERVICES AGREEMENT
ALEXANDER & ASSOCIATES, INC FOR ON- CALL LAND SURVEYOR SERVICES AND
MAPPING SERVICES
13) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the CONSULTANT shall be entitled to compensation for services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon CONSULTANT'S delivery to the CITY of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to CONSULTANT or prepared by or for CONSULTANT or the CITY in connection with this Agreement.
14) Notices
All contracts, 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 of the receiving party and followed with two ( 2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
MAIN: ( 209) 941- 7430
To Consultant: Alexander & Associates, Inc.
147 Old Bernal Avenue
Pleasanton, CA 94566
Phone: ( 925) 462- 2255 or by email at
survevor@trivalley. com
15) Miscellaneous
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
121
CITY OF LATHROP— CONSULTING SERVICES AGREEMENT
ALEXANDER & ASSOCIATES, INC FOR ON- CALL LAND SURVEYOR SERVICES AND
MAPPING SERVICES
b) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California.
c) Definitions. The definitions and terms are as defined in these specifications.
d) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
e) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
f) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement. g) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
h) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
i) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party.
All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
j) Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
122
CITY OF LATHROP— CONSULTING SERVICES AGREEMENT
ALEXANDER & ASSOCIATES, INC FOR ON- CALL LAND SURVEYOR SERVICES AND
MAPPING SERVICES
k) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.
I) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
m) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
n) 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. o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney's fees, incurred or expended in connection with such action against the non- prevailing party.
16) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurances have been received. CITY shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 17) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
123
CITY OF LATHROP— CONSULTIlVG SERVICES AGREEMENT
ALEXANDER & ASSOCIATES, INC FOR ON- CALL LAND SURVEYOR SERVICES AND
MAPPING SERVICES
Approved as to Form: City of Lathrop
City Attorney
3` zo` Z--
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved By: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT: Alexander & Associates, Inc.,
147 Old Bernal Avenue, Suite 10
Pleasanton, CA 94566
Fed ID #
Business License #
Darryl Alexander, President Date
Print Name
124
ITEM 4.9
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE TASK ORDER NO. 10 WITH CRANE
TRANSPORTATION GROUP TO CONTINUE THE
2022 TRAFFIC MONITORING PROGRAM AND
ANALYSIS AND RELATED BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Approving Task Order No. 10 with Crane Transportation Group to continue
the Preparation of the 2022 Traffic Monitoring
Program and Analysis, Pursuant to Master
Consulting Agreement dated June 11, 2018
and Related Budget Amendment
SUMMARY:
On October 11, 2021, City Council approved Task Order No. 7 with Crane Transportation Group ( CTG) to update the Traffic Monitoring Program ( TMP) and Analysis for an amount not to exceed $ 98, 170. The scope included new project trip generation, distribution, operations analysis, report preparation, and the Traffic Count Program ( TCP). For budgeting purposes, CTG had made an assumption that the number of new projects handled in the 2018 TMP would increase by about 20%.
Lathrop' s actual number of new developments for the 2022 Study has increased by 160% therefore, more funding is required to complete the 2022 TMP.
To complete the 2022 TMP, staff requested a proposal from CTG. The proposed Task Order No. 10 is for an amount not to exceed $ 35, 500 and the TCP is for an amount not to exceed $ 42, 475. The original cost of the TMP was $ 98, 170, bringing the 2022 TM P tota I to $ 176, 145.
Staff recommends City Council approve Task Order No. 10 for $ 77, 975 ($ 35, 500 + 42, 475) and approve a budget amendment. Sufficient funds were not included in the budget approved for fiscal year 2022- 23. The services provided by CTG will be funded by development, and the costs for these services will only be paid if the revenue has been received.
BACKGROUND:
The Development Agreements ( DA) or Conditions of Approval ( COA) for development projects require that each developer participate and fund the TMP. The TMP monitors roadway conditions, projects future roadway congestion, and schedules roadway improvements to keep traffic congestion at an acceptable level. 125
CITY MANAGER' S REPORT PAGE 2
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 10 WITH CRANE TRANSPORTATION GROUP TO CONTINUE THE 2022 TRAFFIC MONITORING PROGRAM AND ANALYSIS AND
RELATED BUDGET AMENDMENT
The TMP is important because it establishes performance standards and details how operations of the roadway system are to be monitored as well as how to schedule improvements to avoid the roadway traffic flow from falling below the acceptable standards of operation. Developers are required to fund the TMP on a continuing basis until their project is built out and therefore no longer adding impact to the City' s transportation network.
The last TMP was prepared in 2018 and, due to the drastic increase in development, the TMP needs to be updated.
Below is an overview of the continued proposed services by CTG; Citywide Traffic Count Operations - This task order includes traffic counts and turning movements at the City' s major intersections. It also includes counts on major roadway segments including freeway interchanges. These are required to establish a baseline for all automotive and truck activities. The traffic counts support the preparation of the Transportation Monitoring Program as well as the General Plan Circulation Element update and supporting General Plan Environmental Impact Report.
Year 2022 Citywide Traffic Monitorin Program Studx - The Traffic Monitoring Program analyzes and documents traffic impacts under existing conditions and projects future traffic conditions while taking into consideration proposed/ planned land use developments and planned circulation system improvements. With this information, CTG will identify significant impacts and mitigations to prevent any traffic congestion above the acceptable levels.
Below is a summary of approved task orders to date:
Task Order No. Date A roved Work Sco e Descri tion
Traffic Count and TMP, Phelan Gateway Site
1, 2, 3, 4 2018- 2019 Circulation, CFT NV Development Site Circulation
5, 6, 7 2020- 2021
River Islands Phase Z Traffic Analysis, EIR
Traffic Anal sis
9 '' Z Z2
River Islands ( RI) Peer Review of RI Towne
Center, Speed Surve s in RI
REASON FOR RECOMMENDATION:
Professional services are needed to complete a full 2022 TMP study. The last study was completed in 2018, however, due the increase in development of residential, commercial, and industrial projects, an update is required to determine if any current or future improvements will be required to keep the level of traffic congestion at a satisfactory level.
126
CITY MANAGER' S REPORT PAGE 3
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 10 WITH CRANE TRANSPORTATION GROUP TO CONTINUE THE 2022 TRAFFIC MONITORING PROGRAM AND ANALYSIS AND
RELATED BUDGET AMENDMENT
FISCAL IMPACT:
The cost of Task Order No. 10 is not to exceed $ 77, 975 and will be fualy funded by developers. The costs for these services will only be paid if the revenue has been received.
Sufficient funds were not included in the approved fiscal year 2022- 23 budget.
Therefore, staff request that City Council approve a budget amendment as follows:
Increase Revenue
2020- 50- 04- 341- 02- 05 $ 77, 975
Increase Appropriations
2020- 50- 04- 420- 0100 77, 975
ATTACH M ENTS:
A. Resolution Approving Task Order No. 10 with Crane Transportation Group to continue the Preparation of the 2022 Traffic Monitoring Program and Analysis, Pursuant to Master Consulting Agreement dated June 11, 2018 and Related Budget Amendment
B. Task Order No. 10 Pursuant to Master Consulting Agreement dated June 11, 2018 with Crane Transportation Group to continue the Preparation of the 2022 Traffic Monitoring Program and Analysis
127
CITY MANAGER' S REPORT PAGE 4
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 10 WITH CRANE TRANSPORTATION GROUP TO CONTINUE THE 2022 TRAFFIC MONITORING PROGRAM AND ANALYSIS AND
RELATED BUDGET AMENDMENT
APPROVALS:
t q 2vz2
City
Cari
Finance
Brad
Jame
ngineer
aylor
Di ctor
e
Date
D t
Zo• Z L
Michael Kin Date
Assistant City Manag r
Z,`` - L
Salvador Navarrete Date
City Attorney
i ir 1''
St en J. Salvatore Date
City Manager
128
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING TASK ORDER NO. 10 WITH CRANE TRANSPORTATION GROUP TO CONTINUE THE PREPARATION OF THE 2022 TRAFFIC MONITORING
PROGRAM AND ANALYSIS PURSUANT TO MASTER CONSULTING AGREEMENT DATED ) UNE 11, 2018 AND RELATED BUDGET AMENDMENT
WHEREAS, the Development Agreements and Environmental Impact Reports for development projects require that each developer participate and fund the Traffic Monitoring Program ( TMP). The TMP monitors roadway conditions, projects future roadway congestion, and schedules roadway improvements to keep traffic congestion at an acceptable level; and
WHEREAS, the TMP is important because it establishes performance standards and details how operations of the roadway system are to be monitored as weil as how to schedule improvements to avoid the roadway system from falling below the acceptable standards of operation; and
WHEREAS, developers are required to fund the TMP on a continuing basis until all required traffic improvements have been completed. The last TMP was prepared in 2018, and due to the drastic increase in development, the TMP needs to be updated; and
WHEREAS, on October 11, 2021, City Counci) approved Task Order No. 7 with Crane Transportation Group ( CTG) to update the Traffic Monitoring Program ( TMP) and Analysis for an amount not to exceed $ 98, 170; and
WHEREAS, the scope included new project trip generation, distribution, operations analysis, report preparation, and the Traffic Count Program ( TCP). For budgeting purposes, CTG had made an assumption that the number of new projects handled in the 2018 TMP would increase by about 20%. Lathrop' s actual number of new developments for the 2022 Study has increased by 160% therefore, more funding is required to complete the 2022 TMP.
WHEREAS, the cost of Task Order No. 10 is for an amount not to exceed 77, 975 and will be fully funded by developers. The cost for these services will only be paid if the revenue has been received; and
WHEREAS, sufficient funds were not included in the approved fiscal year 2021- 22 budget. Therefore, staff request that City Council approve a budget amendment to to PW Land Development Professional Services ( 2020) in the amount of $ 77, 975.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Task Order No. 10 with Crane Transportation Group to continue the Citywide Traffic Count and Year 2022 Traffic Monitoring, pursuant to Master Consulting Agreement dated June 11, 2018; and
129
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby authorize a budget amendment to PW Land Development Professional Services ( 2020) as follows:
Increase Revenue
2020- 50- 04- 341- 02- 05 $ 77, 975
Increase A propriations
2020- 50- 04- 420- 0100 77, 975
130
The foregoing resolution was passed and adopted this 8th day of August 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 131
ATTACHMENT B
CITY OF LATHROP
TASK ORDER NO. 10
PURSUANT TO MASTER CONSULTING AGREEMENT DATED JUNE 11,
2018 WITH CRANE TRANSPORTATION GROUP FOR TRAFFIC
MONITORING AND ANALYSIS
CONTINUED CITY TRAFFIC MONITORING PROGRAM AND PHASE 2
TRAFFIC ANALYSIS
THIS TASK ORDER NO. 10 dated for convenience this 8t'' day of August 2022, is by and made and entered into by and between Crane Transportation Group (" CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY"); RECITALS:
WHEREAS, on June 11, 2018, CONSULTANT entered into a Master Agreement AGREEMENT") with the CITY, by which the CONSULTANT has agreed to provide Specialized Traffic Analysis Services for the City of Lathrop. The City Council authorized the execution of the AGREEMENT and with CONSULTANT, pursuant to Resolution 18- 4404; and WHEREAS, CONSULTANT is specially trained, experienced, and competent to Conduct Speed Surveys in the River Islands Development area, which are required by this agreement; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Incorporation Of Master Aqreement
This Task Order hereby incorporates by reference all terms and conditions set forth in the Master Agreement for Consulting Services for this project, unless specifically modified by this Task Order.
2) Scope of Service
CONSULTANT agrees to perform Professional Consulting Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" and incorporated herein by reference.
CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' S satisfaction. 3) Effective Date and Term
The effective date of this Task Order No. 10 is August 8, 2022, and it shall terminate no later than June 30, 2023.
132
CITY OF LATHROP— TASK ORDER NO. 10 WITH CRANE TRANSPORTATION- CONTINUED CITY TRAFFIC MONITORING PROGRAM AND PHASE 2 TRAFFIC ANALYSIS 4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any terms and conditions of this agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to compiete the scope of work described in this Task Order No. 10 to the City' s satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Compensation
CITY hereby agrees to pay CONSULTANT on time and material basis not to exceed 77 975 for the Consulting Services set forth in Exhibit " A".
CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 in the Master Consulting Agreement Dated June 11, 2018.
6) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurance have been received. City shall not be obligated to pay CONSULTANT for any services rendered prior to issuance of the Notice to Proceed.
7) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
133
CITY OF LATHROP— TASK ORDER NO. 10 WITH CRANE TRANSPORTATION- CONTINUED CITY TRAFFIC MONITORING PROGRAM AND PHASE 2 TRAFFIC ANALYSIS Approved as to Form: City of Lathrop
L pP, O City Attorney Co •
1. '' Z- O` t.L
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved by:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
CONSULTANT: Crane Transportation Group
2621 East Windrim Court
Elk Grove, CA 95758- 7479
Fed I D # 19- 5404405
Bus License # 20144
Signature Date
Mark D. Crane
President
134
EXHIBIT A
CRANE TRANSPORTATION GROUP
PROPOSAL ADDENDUM FOR
ADDITIONAL BUDGET
LATHROP TMP 2022
PHASE 2 TRAFFIC ANALYSIS +
TMP 2022 TRAFFIC COUNT PROGRAM
June 24, 2022
I. INTRODUCTION
A. TMP 2022 PHASE 2 TRAFFIC ANALYSIS
Crane Transportation Group( CTG) is currently preparing the analysis and report for Lathrop' s TMP 2022 Traffic Study. As part of this evaluation CTG is responsible for developing AM and PM peak hour trip generation and distribution projections for a list of new developments expected by both by 2024 and 2026 in Lathrop as well as those areas of Manteca, Tracy and San Joaquin County that would generate a significant amount of traffic impacting Lathrop streets.
Upon completion of the initial Phase 2 Proposal, the number of new projects to consider was still unknown. For costing purposes, CTG had assumed about a 20% increase over the number of new projects dealt with in the 2018 TMP. As shown below, the actual number of new developments for the 2022 Study has turned out to be about a 160% increase for Lathcop and more than a ] 00% increase for Manteca.
2018 TMP New Lathrop Developments By 2020 = l 2 & By 2022 = 10 2022 TMP New Lathrop Developments By 2024 = 33 & By 2026 = 24 2018 TMP New Manteca Developments By 2020 = 4 & By 2022 = 5 2022 TMP New Manteca Developments By 2024 = 10 & By 2026 = 10 San Joaquin county projects increased from 2 to 5 with the 2022 TMP, while Tracy has 7 projects for the 2022 TMP and none for the 20l 8 TMP.
The existii g budget for TMP 2022 Phase 2 ( new project trip generation, distribution, operations analysis and report preparation) is $ 98, 170
CTG Lathrop TMP 2022 Proposal Addendum For Additional Budget Page t ot t 135
Lathrop T: 1P 2022 Proposal Addendum For
Additional Budget - Phase 2 Traffic Analysis
June 24, 2022
B. TMP 2022 TRAFFIC COUNT PROGRAM
CTG conducted the Traffic Count Program for the TMP 2022 in September 2021. The budget for this component of work as approved by the City was $ 42, 475.
II. ADDENDUM SCOPE OF SERVICES
A. PHASE 2 ( TRIP GENERATION AND DISTRIBUTION
PROJECTIONS, OPERATIONS ANALYSIS, IMPACT
IDENTIFICATION, MITIGATIONS + REPORTS)
1. AM and PM peak hour trip generation and distribution projections will be developed for the additional 35 Lathrop and 11 Manteca developments that are above the number of projects assumed for evaluation at the time of preparation of the origina( TMP 2022 Phase 2 Proposal.
2. The number of intersections significantly impacted by this larger number of developments will be determined and mitigation measures proposed. It is anticipated that this significantly increased number of developments will result in many additional locations experiencing unacceptable operation that will rec uire improvements.
3. The TMP 2022 Draft and Final Reports will increase in size due to the locations with significant impacts and presentation of additional improvement measures.
4. Year 2024 and 2026 development plans for River] slands have changed several times during the course ofthe report. This has resulted in reevaluation of River Islands new development trip generation and distribution projections at least two times to date. Third plans for River Islands development for the two TMP horizons are now back in discussion.
B. TRAFFIC COUNT PROGRAM
1. Weekday AM and PM peak period ( 7- 9: 00 AM and 3- 6: 00 PM) traffic counts will be conducted at 56 intersections in the City of Lathrop ana at seven locations on the I- 5, SR 120 and T- 205 freeways.
CTG Lathrop TMP 2022 Proposal Addendum For Additional Budget Page 2 of s 136
Lathrop TMP 2022 Proposal Addendum For
Additional Budget - Phase 2 Traffic Analysis
June 24, 2022
2. Daily traffic counts will be conducted for three weekdays on streets providing access to seven subdivisions within Lathrop as well as on the three roadways providing the only access to the River Islands development.
3. Count results will be evalliated for accuracy and the peak traffic hours identified during the AM and PM commute periods.
WHAT IS NOT INCLUDED IN THIS SCOPE BUT
COULD BE ADDED FOR ADDITIONAL COST
WITH WRITTEN AUTHORIZATION
Analysis of more than the second 2024 and 2026 development plans for River Islands.
COST OF SERVICES & CONDITIONS OF
PAYMENT
The above Scope of Services for the TMP Phase 2 Addendum wi( I be completed for a fee not to exceed Thirty-Five- Thousand- Five- Hundred- Dollars ($ 35, 500). In addition, the TMP 2022 Traffic Count Program wil) be campleted for a fee not to exceed Forty- Two- Thousand- FourHundred- Sevenry- Five- Dol( ars ($ 42, 475). Any work beyond the above Scopes will be billed on a time and materials basis ( with prior approval) or will be subject to a contract addendum. Billing will be sent by CTG on a monthly basis with payment due to CTG within 30 days receipt of our billing. Any late payments to CTG will be subject to a 0. 833% per month( 10% annual) coinpound interest charge plus a late fee of Sixty- Five- Dollars ($ 65 per month until the invoice is fully paid) and any administrative and legai charges requi- ed to collect the late payments. In addition, all work will stop if payments are in arrears. Cost estimates are good for a 30- day time period from the date on our proposal. If, for any reason, work on the project is stopped for longer than a three- month period, CTG reserves the right to increase its budget a minimum of l0% for associated administrative and refamiliarization costs with the restart of the project.
The 2022 Traffic Count Program..............................................$ 42, 475 TMP 2022 Phase 2 Traffic Analysis Additional Funding......... 35 500 TOTAL BUDGET INCREASE REQUEST................ 77
With the addition of the TMP 2022 Phase 2 Traffic Study Addendum and the Traffic Count Program, the TMP 2022 total cost would be One- Hundred- Seventy- Six- Thousand- One- HundredForty- Five- Dollars ($ 176, 145).
CTC7 Lathrop TMP 2022 Proposal Addendum For Additional Budget Page 3 of 4 137
Lathrop T: TP 2022 Proposal Addendum For
Additional Budget - Phase 2 Traffic . nalysis
June 24, 2022
TIME OF SERVICES
Preparation of the TMP 2022 Phase 2 Draft Traffic Study will be based upon a schedule agreeable to both the City of Lathrop and Crane Transportation Group.
Thank you for your favorable consideration.
t. 7wr. a--
Mark D. Crane, PE, President
Crane Transportation Group
CTG Lathrop TMP 2022 Proposal Addendum For Additional Budget Page 4 ot a 138
ITEM 4. 10
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PURCHASE OF STREETLIGHTS FOR
INSTALLATION ON LOUISE AVENUE FOR THE LOUISE
AVENUE AND LATHROP ROAD LANDSCAPE
IMPROVEMENTS, CAPITAL IMPROVEMENT PRO) ECT
GG 21- 15
RECOMMENDATION: Adopt Resolution Approving the Purchase of Twelve 12) Single Decorative Street Lights and TwentyFour ( 24) Twin Decorative Streetlights for the Louise Avenue and Lathrop Road Landscape Improvement
project, Capital Improvement Project GG 21- 15
SUMMARY:
On May 5, 2021, Council approved the creation of Capital Improvement Project ( CIP) GG 21- 15 for landscape improvements on Louise Avenue and Lathrop Road. A component of this project is to improve the street lighting on Louise Ave. Due to the 14 to 16 weeks lead- time to purchase and receive the streetlights for installation and in an effort to prevent delays in construction, staff has requested proposals for twelve 12) single decorative streetlights and twenty- four ( 24) twin decorative streetlights from three ( 3) vendors - Independent Utility, AZCO Supply, and Jam Services Inc.
Staff has identified Jam Services Inc. as the lowest responsible estimate with a subtotal amount of $ 273, 840.
Staff requests Council approve the purchase of the streetlights for Louise Avenue for a subtotal cost of $ 273, 840 plus any applicable taxes and delivery fees. Sufficient funds exist in the adopted Fiscal Year 2022/ 23 budget to approve the requested expenditures.
BACKGROUND:
On May 5, 2021 Council approved the creation of CIP GG 21- 15 for Landscape Improvements on Louise Ave. and Lathrop Rd. A component of this project is to improve the street lighting on Louise Ave. Staff has requested proposals for twelve 12) single decorative streetlights and twenty- four ( 24) twin decorative streetlights from three ( 3) vendors - Independent Utility, AZCO Supply, and Jam Services Inc.
The quote results are summarized in Table 1 below:
Table 1: Summar of uote Results
VENDOR UOTE AMOUNT
Jam Services Inc. 273, 840
Inde endent Utilit 291, 720
AZCO Su I 298, 179
139
CITY MANAGER' S REPORT PAGE 2
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE OF STREET LIGHTS FOR INSTALLATION ON LOUISE AVE. THE LOUISE AVENUE AND LATHROP ROAD LANDSCAPE
IMPROVEMENTS, CIP GG 21- 15
Staff has identified Jam Services Inc. as the lowest responsible vendor with a subtotal amount of $ 273, 840, as detailed in Table 2 below:
Table 2: uote Details
Li ht Descri tion uantit Unit Price Total
Single Decorative Street 12 5, 010 60, 120
Li ht Assembl
Twin Decorative Street 24 8, 905 213, 720
Li ht Assembl
Subtotal 273, 840
Due to the 14 to 16 weeks lead- time to purchase and receive the streetlights for installation and in an efFort to prevent delays in construction, staff requests Council approve the purchase of the streetlights for Louise Ave. for a subtotal cost of 273, 840 plus any applicable taxes and delivery fees.
RECOMMENDATION:
A component of the Louise Avenue and Lathrop Road Landscape Improvements Project is to improve the street lighting on Louise Ave, which will help improve the roadway appearance, enhance quality of life for residents, and attract new businesses to undeveloped properties in the area. Staff requests Council approve the purchase of the streetlights for Louise Ave and Lathrop Rd. Landscape Improvement Project CIP GG 21- 15 to prevent delays in construction.
FISCAL IMPACT:
The purchase of the streetlights for Louise Ave. has a subtotal cost of $ 273, 840 plus any applicable taxes and delivery fees. The adopted Fiscal Year 2022/ 23 Budget included sufficient funds for Louise Avenue and Lathrop Road Landscape Improvements Project, CIP GG 21- 15 to purchase the streetlights.
ATTAC H M E NTS:
A. Resolution Approving the Purchase of Twelve ( 12) Single Decorative Street Lights and Twenty- Four ( 24) Twin Decorative Streetlights for the Louise Avenue and Lathrop Road Landscape Improvement project, Capital Improvement Project GG 21- 15 B. Quote - Jam Services Inc.
140
CITY MANAGER' S REPORT PAGE 3
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
APPROVE PURCHASE OF STREET LIGHTS FOR INSTALLATION ON LOUISE AVE. THE LOUISE AVENUE AND LATHROP ROAD LANDSCAPE
IMPROVEMENTS, CIP GG 21- 15
APPROVALS:
D.--
Cari James Date
Director of Fi a ce
7• Z`t- Zo Z2
Michael King Date
Assistant City Manager
Z '
Salvador Navarrete Date
City Attorney
s
3 •;, ZZ
Stephe . Salvatore Date
City Manager
141
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE PURCHASE OF TWELVE ( 12) SINGLE DECORATIVE STREET LIGHTS AND TWENTY- FOUR ( 24) TWIN DECORATIVE STREETLIGHTS FOR
THE LOUISE AVENUE AND LATHROP ROAD LANDSCAPE IMPROVEMENT PROJECT, CAPITAL IMPROVEMENT PROJECT GG 21- 15
WHEREAS, on May 5, 2021, Council approved the creation of Capital Improvement Project ( CIP) GG 21- 15 for landscape improvements on Louise Avenue and Lathrop Road; and
WHEREAS, a component of this project is to improve the street lighting on Louise Avenue; and
WHEREAS, due to the 14 to 16 weeks lead- time to purchase and receive the streetlights for installation, staff has requested proposals for twelve ( 12) single decorative streetlights and twenty- four ( 24) twin decorative streetlights; and WHEREAS, staff requested a proposal from three ( 3) vendors - Independent Utility, AZCO Supply, and Jam Services Inc.; and
WHEREAS, staff has identified Jam Services Inc. as the lowest responsible vendor with a subtotal amount of $ 273, 840; and
WHEREAS, staff is requesting Council approve the purchase of the following streetlights for Louise Avenue for a subtotal cost of $ 273, 840 plus any applicable taxes and delivery fees:
Description Quantity Unit Price Total
Single Decorative Street 12 5, 010 60, 120
Light Assembly
Twin Decorative Street 24 8, 905 213, 720
Li ht Assembl
Subtotal $ 273, 840
WHEREAS, sufficient funds have been allocated in the adopted Fiscal Year 2022/ 23 Budget for CIP GG 21- 15 to purchase the streetlights.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the purchase of twelve ( 12) Single Decorative Street Light Assembly and twenty-four ( 24) Twin Decorative Street Light Assembly from Jam Services Inc. for a subtotal amount of $ 273, 840 plus any applicable taxes and delivery fees.
142
The foregoing resolution was passed and adopted this 8th day of August, 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FO M:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 143
ATTACHMENT B
JAM SERVICES, INC.
958 E Airway Blvd
LNERMORE, CA 94550
Telephone( 925) 455- 5267
Fax( 925) 455- 5348
PRICE QUOTATION— JEM072522Y
City of Lathrop
7/ 25/ 22
JAM Services is pleased to provide the following price quotation for the subject project.
QTY( 12) Single Decorative Street Light Assembly to Include:
Lumec S56- 72W32LED4K- G3- ACDR- LE3W- UNV- DMG- SFX- FNI- HS- RCTN2. 875C- GN8TX LED Luminaire Visco VI-A7-F/ 20'- 3X3 TENON Pole( With Anchor Bolts)
UNIT PRICE: $ 5, 010. 00 TOTAL PRICE: $ 60, 120. 00
QTY (24) Twin Decorative Street Light Assembly to Include:
2) Lumec RN20- 110W64LED4K- G3- ACDR- LE3R- UNV- DMG- SMA- RGGN8TX LED Luminaire
Visco VI-A9- S2/ 4'- F/ 30'- 22D- 2SCROLLS Pole( With Anchor Bolts) UNIT PRICE: $ 8, 905. 00 TOTAL PRICE: $ 213, 720. 00
SUBTOTAL: $ 273, 840. 00
Pricing is good for 30 days from date of issuance. No plans or specs provided. All material to be approved prior to purchase.
Freight allowed, but tax to be added as determined by the final BOM and the delivery address. If I can be of further assistance, please contact me at 925- 455- 5267.
Thank you- Jason Momaney
144
ITEM 4. 11
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PARCEL MAP 21- 03 AND SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE SCANNELL
PROPERTIES INDUSTRIAL PRO7ECT LOCATED AT
1520 LATHROP ROAD
RECOMMENDATION: Adopt Resolution Approving Parcel Map 21- 03 and Subdivision Improvement Agreement with Scannell
Properties # 478, LLC for the Scannell Properties
Industrial Project Located at 1520 Lathrop Road
SUMMARY:
Scannell Properties # 478, LLC ( Scannell), requests approval of Parcel Map 21- 03 Parcel Map), included as Attachment " B", to subdivide four ( 4) industrial lots located at 1520 Lathrop Road. As required by the City' s subdivision ordinance, approval of the Parcel Map must also involve approval of a Subdivision Improvement Agreement SIA), included as Attachment " C", to guarantee certain off- site and on- site improvements associated with the Parcel Map. A Vicinity Map is included as Attachment D".
Staff recommends that City Council approve the proposed Parcel Map 21- 03 and a Subdivision Improvement Agreement with Scannell so that development of this project can proceed.
BACKGROUND:
On September 15, 2021, the City of Lathrop Planning Commission approved the Scannell Properties Industrial Project, which included a General Plan Amendment GPA- 20- 139), Rezone ( REZ- 20- 140), Site Plan Review ( SPR20- 141) and Tentative Parcel Map ( TPM- 20- 142). On November 8th, 2021, the City Council of the City of Lathrop adopted Resolution No. 21- 4985 to approve the Tentative Parcel Map 20- 142 TPM") for the Scannell Properties Industrial Project. Scannell requests approval of Parcel Map 21- 03 ( Parcel Map), included as Attachment " B", to subdivide four ( 4) industrial lots located at 1520 Lathrop Road.
As required by the City' s subdivision ordinance, all maps must include an SIA to guarantee specific offsite and onsite improvements. Performance and labor & material securities have been provided to the City with the SIA in the amount of:
Im rovement Total: 758, 610
Performance Bond ( 110% of Unfinished Improvements): 834, 471 Labor & Material Bond 50% of Performance Bond : 417, 235 145
CITY MANAGER' S REPORT PAGE 2
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
APPROVE PARCEL MAP 21- 03 AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE SCANNELL PROPERTIES INDUSTRIAL PRO7ECT LOCATED AT 1520 LATHROP ROAD
Acceptance of the public improvements will be prepared for Council consideration by staff at a later date when the improvements are completed. Prior to acceptance, Scannell wili be required to provide a one ( 1) year warranty bond.
REASON FOR RECOMMENDATION:
Scannell has fulfilled the requirements of the City' s subdivision ordinance as listed below:
Documents Status
l. Parcel Map ready for signature Completed
2. Subdivision Improvement Agreement Completed
3. Faithful Performance and Labor & Materials Security Received
4. Pump Station, Forcemain and Driveway Plans Completed
5. Geotechnical Report Completed
6. Allocation of Water and Sewer capacity Completed
Fees Status
1. Parcel Map plan check fee Paid
2. Improvement Plans - Plan check and inspection fees Paid FISCAL IMPACT:
There is no budget impact to the City as all costs are covered by development fees.
Scannell will enter into a future Community Facilities District prior to certificate of occupancy of the first building to ensure the availability of any maintenance costs that exceed the development fees.
ATTAC H M E N TS:
A. Resolution Approving Parcel Map 21- 03 and Subdivision Improvement Agreement with Scannell Properties # 478, LLC for the Scannell Properties Industrial Project Located at 1520 Lathrop Road
B. Parcel Map 21- 03
C. Subdivision Improvement Agreement by and between the City of Lathrop and Scannell Properties # 478, L C, an Indiana limited liability company for Parcel Map 21- 03 - 1520 Lathrop Road
D. Vicinity Map - Scannell Properties Industrial Project 146
CITY MANAGER' S REPORT PAGE 3
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
APPROVE PARCEL MAP 21- 03 AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE SCANNELL PROPERTIES INDUSTRIAL PROJECT LOCATED AT 1520 LATHROP ROAD
APPROVALS:
FbcZ 1 • Z?• ZOZ Z
Brad Taylor Date
City Engineer
I I
a a-a—
Cari Jam Date
Finance rector
7• 2T• Zot2
Michael King Date
Assistant City Manager
Lm ZZ
Salvador Navarrete Date
City Attorney
Z- ZZ
Ste en J. Salvatore Date
City Manager
m,-.....__....
147
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING PARCEL MAP 21- 03 AND SUBDIVISION IMPROVEMENT AGREEMENT WITH SCANNELL PROPERTIES # 478, LLC FOR THE SCANNELL PROPERTIES INDUSTRIAL PRO7ECT LOCATED AT 1520 LATHROP ROAD WHEREAS, on September 15, 2021, the City of Lathrop Planning Commission approved the Scannell Properties Industrial Project ( Scannell), which included a General Plan Amendment ( GPA- 20- 139), Rezone ( REZ- 20- 140), Site Plan Review SPR20- 141) and Tentative Parcel Map ( TPM- 20- 142); and WHEREAS, on November 8th, 2021, City Council adopted Resolution No. 21- 4985 to approve the Tentative Parcel Map 20- 142 (' TPM") for the Scannell Properties Industrial Project; and
WHEREAS, Scannell Properties # 478, LLC ( Scannell), requests approval of Parcel Map 21- 03, to subdivide four (4) industrial lots located at 1520 Lathrop Road; and
WHEREAS, as required by the City' s subdivision ordinance, all maps must include a Subdivision Improvement Agreement ( SIA) to guarantee specific offsite and onsite improvements. Performance and labor & material securities have been provided to the City with the SIA in the amount of:
Im rovement Total: 758, 610
Performance Bond 110% of Unfinished Im rovements : 834, 471 Labor & Material Bond 50% of Performance Bond : 417, 235 WHEREAS, acceptance of the public improvements will be prepared for Council consideration by staff at a later date when the improvements are completed.
Prior to acceptance, Phelan will be required to provide a one ( 1) year warranty bond.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop approves the following actions:
1. The Parcel Map 21- 03 is hereby approved as submitted for recordation with the San Joaquin County Assessor/ Recorder/ County Clerk Office. The recorded executed copy will be filed with the City Clerk.
2. The City Manager, or their designee, is authorized to execute a Subdivision Improvement Agreement with Scannell Properties # 478, LLC, in substantially the form as attached to the August 8, 2022 staff report, the file executed copy will be filed with the City Clerk.
148
The foregoing resolution was passed and adopted this 8th day of August 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
149
ATTACHMENT B
3 w
3zw o
a oz --
a\NEEX Za
U P
n
w _ w a
5¢ a 6 U u Q; OR H
p= o
SQ NQ B o N_O Q _
31SI93Y i S n
zm
ddy S' 3z i ? 2 2
a - O pd S'
d goa d ms 3 W
n
a
H
Q
o o~
g- E N i
I
m
F
F ` a
o;
go
Z N W
o
a a- LL p
W
iU
d
U
W
a z
W Z - w z
F- a
a a Q 2
F W o W a a wS oo N a
3 a N
waS J y F - w _ W i- O = f/) N
a- F w
Z W ;`
W'
p
Y
3 0
2 awa
o
W ¢ _ y So
W
o N - oz V N - w - w _ - - 5 _ a
F w
F H m3o wo - W _ Uop O - o
U _ xao.- o CJ _ xa o o U ' xoxz ac _.- o ( n . o o E c, c, U ,_ a . na zJ o'
o Q: k
S w3= zo z
y
o
NPLO °"
b
oa
3m
o`'¢
i
M
i` t i o
owm z "
a L I - _-_ a,Nd s
a ndn ji ' ,' g o w
N < v; - i' - _ E m; a' w= a
d w
A- r 1 LL6J w
o.
o
W /'
i _ S
I anNanv Na f a
N
m
o .
o sg s j
t l r f r m o < s==
p g Q= a
o _] l [° L' j == d o o N= w
wy ' aw j`:` W s==< _ o
U _ E F' ili . t` G W = 3 < W = oo
w s N Q w tL{ r =
o= d
Is`""'" cv `'' -
o
o o W
a
i`_L
I Q n 9
m. y o
y l-.....
aJ O So_ N o O -
F
W 3
O
K
x
0 0
uOc mo 3(
w'
J a id°Q
W
O
Q
o
n
Q -
ooj
p
N Q
4a0O j¢jo - p O
o O Td po w
o¢
w o
w a
46_ mQ'' w a - 3
w 03 o
dw g -
3F
N _
o - o
Ott
3E R 3 d
oa
Ng
W
ou'
m
S p _
tt o d'- p¢ xha x g tt z W -_ inFp
o
do
3w< z
o _ mE u' z
o
d
z
o
o oS
F- w'"" o ` O - m- o w z -
Z
a W - iw
g
N
o= -
3 U
y o
W w w5 - w
3 w p 3 v
w Z m o
w o =- do =
W w w
F o
Q3
0> g U _ W o -
o
N aa< - Go 3 Q
o
o
o o o w g F =
w
o`=
w
Z w
i? F
w
Z
m¢
a
w h¢ _
y `
o o
Z .
n
wz _ m
o w
o F
o o
a
3o Edd rw' da r a ` m - nc oa wr- _. 3 in d d c c> (/ 1 da _ 150
I I
o a
I II/,, m I o
M I
N
y
i "
o
a W = o
I" _
I `" N o$ I cs y N
s d
Y 2
LL_ UU w Wl o LLEy
NI o Wz j f N
sl
w o
g`= N
I
lo I ( IE- tl) M, SI[ O. ON) i
r "
30'
Uz- tllll-tll, eL' BZe M. 9l, Bl. aN1 IE- tl) 3. St, LOsON) I '- y 99' BZY3, 60, Bl. ON AQNB , 25' lEb3. 60, 61o0N
l
o
z
T
1 OS' LB ( Z' M) I!- tl), 5L' EOS T 08' LZl o S~
Q
I N
I(
Z' tl{" tl, 15' LB) Z' tl l"tl) _ w y _
1- J
I ni I y* aa az l_ No _
I W i w '"
T 4
N y 3
I
I' I h O I _- w l 02
me i N
I I a o
iQ
z, —
o — J - y
L
2°
Qm
a
a
I
I "
8' BS/ 3. 00. SZ, ON U
I I= o,
o
I W I
w" Q
I I hN I
m -
ne
I
ti W ¢ I I
So 4
N^ 1 eao
II ¢ o" w _ v„ 3¢
J
a I.
o
i
I N
w i 5• i
I w 3
U
2 "'
i
I 3
0 _ _ w Qi 0 y'!`.
I
I'"'" - - Q
8 i1 - _ y m ^ m I -`
x-, e
1 4 8
uOi I C, °`
ry 1
0 T / 1
s- I uol 1
I ' ___ - Uol
o
I _
3e _ I
II i
jZ
m
i I 1
e V
59' LlY3. U0, 5S. ON 3 a= i i¢
T
1 I
Ii
I
v
N
3•0
n ' i m
3 S 1
m
m gr
w
I 0
5 =" ' ', / I
Iq y
1 e5¢ N 1
2 Z
3 V
i zm i I
a
r Q
Q¢ I i_ i
r w
w i Q
e+
a
N
h
g' i lu'Oiu' wLLm• " o. o ^
J
L--------------------
w "`
sm- -
g
w
M
s
e= I
i
e 3
s „, ,
oe s' m
h
a 6 h n
e ;
m : ia'= =
V
soga o r--------------------
I¢
n
g
6 o m
m W o; i
A
i
LL
I _ I r'
33 c
V
I ^ I
9 tl E' tll 1N3X35Y3 o
M tltll llltl0 OE c S S
I 3a I i i
n i
ii U
i _ i _ ______ i
U^ '
1 I 15' 9 E
O6'[ 9b i
J
1 p ^" ,
1 I e I
L
f _
IE- tl) Z6' LOL 3 ZZ 44, LS) AUNB 96' LOL M. 90, 1Z< lN _ N _
1 3
o
1 1 ws I
m
a ` ¢ m N i
m
O S' S6 3. 0 0_ 5 2. ON
m 13
U U ; m
l '
Q I--
o I
I
g=
J
w m,
I ° . ol m _____ _____
nrd__ '
w 4 n
I
r o
I
I
I m
n 4a z` I m `. 3= I LK 3
ao z` i
v I I
I I w
LL I o " Ip 00' S9 3. 00 SZ. ON I
Zo s2 la 5 ,
LL
I
I I 2ci IS,' W" I r
O
IE" g o' 1
S
m
r---------------------------- s ? mW
i ; , s• oe I= _
l0' S8 m , os e . is• a
a AONB 96' LOL M. BO, IdoIN 1
3 1
1 1
1 R 1
LI______________________. li
m
Ns 20 j
w
r
i i ' 3
i o
o o
w
I
UNMQ '
N i2 2
1 Wq1462
2 o`. tiM
W
m
N•
B"+' oi > Reo Q
a Q J
QZwi I
30 1 ro,
e
I & xyad< w w
1 Zs, I o
a _ o"' J F g
I I
m$-< - a : - ? a a -
s3m ^ i,o JNIyy36 t.. sxw - i `
v' n 6 a
W 65' 0
om ( 07lNj9S3. BC, gC p
m N `
n
m.., w wic o o i"ira am$' omiuci 4a a` o
12 a Q
2S'[
eG8s1
N
o oa zwQo
x x
I W m?' ti oc
o 1 i Fi I ' M2ZW W
u pm _ II i i
OQ O y
o
1 Q j
2 W N.` i v i w i
i ; m n S E m 5 d n i
L?
O
1 Z_ mz z
v
J
151
ATTACHMENT C
SUBDIVISION IMPROVEMENT AGREEMENT
BY AND BETWEEN THE CITY OF LATHROP AND
SCANNELL PROPERTIES # 478, LLC, AN INDIANA LIMITED LIABILITY COMPANY FOR PARCEL MAP 21- 03— 1520 LATHROP ROAD
This Subdivision Improvement Agreement (" AgreemenP') is made and entered into this eighth ( 8`') day of August, 2022 (" Effective Date"), by and between the CITY OF LATHROP, a municipal corporation of the State of California (" CITY") and Scannell Properties # 478, LLC, an Indiana limited liability company (" SUBDIVIDER").
RECITALS
A. On November 8r", 2021, the City Council of the City of Lathrop adopted Resolution No. 21- 4985 to approve the Tentative Parcel Map 20- 142 (" TPNI") for the Scannell Properties Industrial Project (" Scannell" or " Project Site"). Parcel Map 2l- 03 (" Parcel Map"), containing four ( 4) commercial/ industrial lots, was approved by City staff and will be presented to City Council for approval on August 8`", 2022. The Parcel Map is attached hereto as Exhibit A to this Agreement and hereby incorporated herein by this reference.
B. SUBDIVIDER is the record owner of all four ( 4) lots shown on the Parcel Map, and therefore is responsible for compliance with all conditions of approval attached to the TPM, including, without limitation, the construction of specified Improvements ( as that term is defined below) as described more fully herein. Notwithstanding anything to the contrary in the foregoing, the parties acknowledge that SUBDIVIDER' s construction obligations set forth herein are subject to fee credits and/ or reimbursement to the extent CITY andlor third party properry owners benefit from SUBDIVIDER' s construction of the Improvements, as will be more fully set forth in a Scannell Properties Reimbursement Agreement.
152
Subdivision Improvement Agreement ( Scannell Properties# 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
C. Pursuant to Division 2 of Title 7 of the Government Code of the State of California and CITY' s Subdivision Regulations ( City of Lathrop, Code of Ordinances, Chapter 16), SUBDIVIDER is required to make certain offers of dedication and to construct certain Improvements required under the Conditions of Approval on the TPM ( collectively, " COAs") and as identified in the Parcel Map and this Agreement. For purposes of this Agreement, the term Improvements" shall collectively mean all public improvements required under the COAs and as expressly set forth in this Agreement that will provide services and access to lots within the Parcel Map, and which are specifically shown on the City- approved improvement plans for on- site and off-site backbone infrastructure improvements that are identified and/ or referenced in attached EXhibit B ( collectively, " Improvement Plans"). Any portion( s) of said Improvements not completed and accepted by CITY as of August 31, 2023 ( subject to any extension( s) granted hereunder) shall be considered past due and a default of the SUBDIVIDER thereby automatically triggering a claim against the performance bond posted with the CITY pursuant to this agreement.
For puiposes of this Agreement, " substantially complete" shall mean that the Improvement( s) at issue may be used for their intended purpose( s). To ensure construction of the Improvements as contemplated herein occur, SUBDIVIDER shall be required to post acceptable bond( s) and/or other acceptable letter( s) of credit or guarantee in the amount( s) specified herein ( collectively, Security").
153
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
AGREEMENT
NOW, THEREFORE, in consideration of CITY' S pending ( 1) approval of the Parcel Map on August 8th, 2022 and subsequent recordation; and ( 2) approval and acceptance of the Improvements upon their satisfactory completion or guarantee of completion, and in consideration of SUBDIVIDER' S construction of Improvements in accordance with the terms of this Agreement and all applicable laws and regulations, the parties hereto mutually covenant and agree as follows:
l. SUBDIVIDER shall construct or cause to be constructed at its sole cost and expense the Improvements for the four (4) lots within the Parcel Map in accordance with the provisions of this Agreement. All Improvements shall be constructed to the reasonable satisfaction and approval of the City Engineer, in a good and workmanlike manner in accordance with the approved Improvement Plans and Specifications, the applicable improvement standards and specifications of the CITY' S Department of Public Works, the applicable Oi-dinances of the City Lathrop, and the applicable provisions of the California Subdivision Map Act.
2. SUBDIVIDER shall complete and City shall have accepted all Improvements by August 3l, 2023, subject to any extension( s) provided for herein and as otherwise expressly provided for in this Agreement. Provided, however, that said deadline shall be extended for twenty- four ( 24) months Lipon SUBDIVIDER' s request to CITY, supported by reasonable documentation that it is using commercially reasonable efforts to complete same and have said Improvements accepted by CITY.
3. SUBDIVIDER shall remove any existing well sites as may be reqliired in accordance with applicable laws and regulations, including those required by the County Environmental Health Department.
154
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
SUBDIVIDER shall convey any and all groundwater rights associated therewith to CITY via the Parcel Map.
4. SUBDIVIDER shall purchase and allocate wastewater treatment capacity to Parcels 1, 2, and 3 prior to the recordation of the Parcel Map; the quantities and costs are shown in Table 1 below. Parcel 4 will be utilized as a storm drain retention basin and therefore does not require wastewater treatment.
Table 1 — Wastewater Quantity and Cost
Parcel Acreage Gallons Per Day ISU' s Cost
355GPD/ Acre) ( lISU= 240GPD) ($ 9, 719/ ISU)
1 6. 46 2, 293. 3 9. 56 92, 869. 09
2 5. 58 1, 980. 9 8. 25 80, 218. 20
3 3. 50 1, 242. 5 5. 18 50, 316. 07
223, 403. 36
5. SUBDIVIDER shall purchase and allocate water capacity to Parcels 1, 2, 3, and 4 prior to the recordation of the Parcel Map; the quantities and costs are shown in Table 2 below.
Table 2— Water Quantity and Cost
Parcel Acreage Gallons Per Day Cost
926GPD/ Acre) ($ 14. 62/ GPD)
1 6. 46 5, 982. 0 87,456. 84
2 5. 58 5, 167. 1 75, 543. 00
3 3. 50 3, 241. 0 47, 383. 42
4 2. 52 2, 333. 5 34, 115. 77
244, 499. 03
6. SUBDIVIDER shall secure the services of skilled personnel necessary to construct the Improvements. CITY is not skilled in these matters and relies upon the skill of SUBDIVIDER to ensure that the construction of the Improvements is in a good and workmanlike manner.
7. CITY' S acceptance of the Improvement( s) does not operate as a release of SUBDIVIDER from any guarantee hereunder that expressly survives said acceptance. 155
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
8. SUBDIVIDER guarantees and warrants that the Improvements shall be constructed in compliance with the standards set forth in Paragraph 1 above, free from any known defects in work or labor done, and from any defects in materials furnished. Further, SUBDIVIDER shall repair the Improvements in good condition and in accordance with CITY' s applicable specifications for one ( 1) year after CTTY' S acceptance of the Improvements.
9. SUBDIVIDER shall annex into a Community Facilities District (CFD) for public maintenance prior to issuance of final Certificate of Occupancy for the first building within the Parcel Map boundary.
10. Prior to acceptance of Improvements, SUBDIVIDER sha11 deposit with the City Engineer a Warranty Bond in the amount being equal to approximately ten percent ( 10%) of the estimated cost of the Improvements. The Warranty Bond shall be in place for a period of one ( 1) year after CTTY' s acceptance of the Improvements. The total amount of said Security is set forth in Paragraph 15, to ensure SUBDIVIDER' S repair of the Improvements in accordance with the terms of this Agreement. The Warranty Bond shall be released at the end of the one ( 1) year guarantee period provided there are no claims against it then outstanding.
11. Because some of the Improvements ace required to provide access and necessary utilities to the Project Site, CITY shall have the right to withhold the issLlance of certificate( s) of occupancy for any structure( s) that is intended to be occupied within the Project until the Improvements are substantially complete and accepted, except in the case of any one of the following:
a. Unreasonable delay(s) on behalf of CITY in its acceptance of same, defined to mean a delay that lasts for more than three ( 3) months after the below- identified Improvements are substantially complete; or
156
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
b. Unreasonable delay( s) caused by Force Majeure.
Notwithstanding anything to the contrary in the foregoing, if any event listed in subsections ( a) or b) above, CITY unreasonably delays its acceptance of all or any portion of the above- referenced Improvement( s) such that acceptance does not occur within three ( 3) months of when the Improvement( s) are substantially complete, then CITY shall not be permitted to withhold building certificate( s) of occupancy and instead CITY shall issue said certificate( s) of occupancy upon SUBDIVIDER' s formal submittal for an application for same. By the execution and recordation of this Agreement in the Official Records of San Joaquin Counry, SUBDIVIDER and any subsequent purchaser of the lot( s) within the Parcel Map are deemed to have accepted the foregoing limitation on issuance of certificate( s) of occupancy for structures intended to be occupied within the boundaries of the Parcel Map.
12. If, after receipt of written notice from CITY that SUBDIVIDER: ( a) has failed to substantially complete construction of the Improvements within the time specified in this Agreement( subject to any extension( s) provided for hereunder), and SUBDIVIDER does not cure said failure within ninery (90) days ( or, if said failure cannot be cured within this time frame, then the cure is commenced within that 90- day period and diligently prosecuted thereafter), or ( b) has failed to repair, replace or reconstruct any defects, as set forth in Paragraph 9 above and fails to cure same within ninety ( 90) days ( or, if said failure cannot be cured within this time frame, then the cure is commenced during this 90- day period and diligently prosecuted thereafter) after receipt of written notice from CITY re same, C1TY may, but is not required to, proceed to complete and/ or repair, replace, or reconstruct the outstanding Improvement( s), either by itself or by contract for such service, and CITY may cause to be forfeited such portion of any Security deposited as required herein as is necessary to cover the actual costs of completion, repair, replacement, and/ or 157
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
reconstruction of said outstanding Improvements incurred by CITY( as well as administrative costs as specified below). Once action is taken by CITY to complete, repair, replace and/ or reconstruct all or any portion of the Improvement( s), SUBDIVIDER shall be responsible for all actual costs incurred by CITY in connection therewith up to the amount of the Security provided for hereunder, even if SUBDIVIDER subsequently substantially completes the construction of ( or the repair, replaceinent and/ or reconstruction, if applicable) the Improvements. CITY' s recourse against SUBDIVIDER for failure to substantially complete ( or the repair, replacement and/ or reconstruction, if applicable) the Improvements shall be limited to the Security ( i. e., any letter of guarantee, bond for performance, labor and materials and repair and maintenance, letter of credit or cash deposit) provided for under this Agreement. The parties acknowledge and agree that any and all administrative costs, including reasonable attorney' s fees pursuant to Government Code Section 66499. 4, actually incurred by CTTY, in addition to the actual costs of the Improvements that CITY is required to complete, repair, replace and/ or reconstruct shall be a proper charge against the Security provided for hereunder. If it becomes necessary for CITY to bring an action to compel performance of this Agreement or to recover costs of completing such Improvement( s), SUBDIVIDER shall pay reasonable attorney' s fees, costs of suit and all othel• expenses of litigation incurred by CITY in connection therewith if and to the extent CITY prevails in such action.
13. SUBDIVIDER shall furnish and deliver to CITY, prior to CITY' s approval of the Parcel Map, the good and sufficient surety bonds and undertakings issued by a company duly and regularly authorized to do a general surety business in the State of California, on a form reasonably approved by the CITY, in the amount( s) for each identified category of Improvements as detailed below in Table 3 and in Exhibit D.
158
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
Table 3— Bond Values
Im rovement En ineer' s Estimate 758, 610
Improvement Performance Guarantee
g34, 471
110°Io of Engineer' s Estimate)
Improvement Labor & Materials Guarantee
417, 235
50% of Performance Guarantee)'
14. SUBDIVIDER shall comply with CITY' S insurance requirements set forth on Exhibit C, attached hereto and incorporated herein.
15. In connection with SUBDIVIDER' s obligation to obtain the Security hereunder, SUBDIVIDER shall ensure ( as documented by provision( s) in the Security instrument( s) that are consistent with this Paragraph 14) that each such surety ( a) shall not be exonerated or otherwise released from liability under the applicable Securiry instrument( s) as a result of changes to the linprovement Plans and/ or this Agreement that are approved by SUBDIVIDER and CTTY, and (b) shall consent to any such changes to the Improvement Plans and/ or this Agreement and waive the provisions of California Civil Code section 2819.
16. Neither CTTY nor any of its officers, employees or agents shall be liable to SUBDIVIDER, andlor SUBDIVIDER' S agents, contractors or subcontractors for any error or omission arising out of or in connection with any work to be performed under this Agreement.
17. Neither CITY nor any of its officers, employees, or agents, shall be liable to SUBDIVIDER or to any person, entity, or organization, for any injuiy or damage that inay result to any person or property by or from any cause in, on, or about the subdivision of all or any part of the land covered by this Agreement.
l8. SUBDNIDER hereby agrees to, and shall hold CITY, its elective and appointive boards, commissions, officers, agents and employees( collectively, " Indemnitees"), harmless from any liability for damage or claims which arises from SUBDIVIDER and/ or SUBDIVIDER' S 159
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
contractors, subcontractors, agents, or employees' operations under this Agreement, whether such operations be by SUBDNIDER or by any of SUBDIVIDER' S contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, SUBDIVIDER or any of SUBDIVIDER' S contractors or subcontractors. SUBDIVIDER shall, at its own cost and expense, defend any and all actions, suits, or legal proceedings of any type that maybe brought or instituted against CITY and Indemnitees on any claim or demand, of any nature whatsoever, and pay or satisfy any judgment that may be rendered against CITY and the Indeinnitees in any such action, suit or legal proceedings, resulting from or alleged to have resulted from SUBDIVIDER' S pet-formance or non-performance of its duties and obligations under this Agreement, or from the negligent act or omission of itself, its agents, contractors, representatives, servants ar employees, except in the event and to the extent said claims resulted from the gross negligence or willful misconduct of CITY. The promises and agreement to indemnify and hold harmless set forth in this Paragraph 17 are not conditioned or dependent on whether ar not any indemnity has prepared, supplied or approved any plan ar specification in connection with this work or subdivision, whether or not any such indemnity has insurance or indemnification covering any of these matters.
CITY does not, and shall not, waive any rights against SUBDIVIDER which it inay have by reason of the aforesaid hold harmless agreement, becalise of the acceptance by CITY of any deposit with CITY by SUBDIVIDER. The aforesaid hold harmless agreement by SUBDIVIDER shall apply to all damages and claims for damages of evei-y kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this Paragraph 17, regardless of whether or not CITY has prepared, supplied or approved of, plans and/ or specifications for the subdivision. 160
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
19. Neither SUBDIVIDER nor any of SUBDIVIDER' S agents, contractors or subcontractors are, or shall be, considered to be agents of CITY in connection with the performance of SUBDIVIDER' S obligations under this Agreement.
20. Prior to acceptance of the Improvements by the City Council, SUBDIVIDER shall be solely responsible for maintaining the quality of the Improvements, and maintaining safety at the Project Site. SUBDIVIDER' S obligation to provide the Improvements shall not be satisfied until after the City Engineer has made a wl-itten determination that all obligations of the Agreement have been satisfied and all outstanding CITY fees and charges have been paid, and the City Council has accepted the Improvements as complete.
21. SUBDIVIDER shall pay applicable service fees for the utility services from the time the Improvements are accepted by CITY to the end of the fiscal year in which CITY accepts same, or up to a one ( 1) year period, whichever is needed to ensure an opportunity for the Improvements to be included in the next fiscal year annual assessment.
22. SUBDIVIDER sha11 not assign this Agreement without the prior written consent of CITY, which such consent shall not be unreasonably delayed, conditioned or denied. If such consent is given, the terms of this Agreement shall apply to and bind the heirs, successors, executors, administrators and assignees of SUBDIVIDER, and any heirs, successors, executors, administrators and assignees of SUBDIVIDER shall be jointly and severally liable hereunder unless SUBDIVIDER and its assignee have executed an Assumption and Assumption Agreement in which case SUBDIVIDER shall be released from all of its obligations hereunder so assigned to the assignee. Notwithstanding anything to the contrary in the foregoing, SUBDIVIDER shall be permitted to assign its rights and obligations under this Agreement to any " Affiliate", which is defined to mean an entity or person that is directly or indirectly Controlling, Controlled by, or 161
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
under common Control of SUBDIVIDER. The term " Control" as used herein, shall mean the power to direct the day- to- day management of SUBDIVIDER, and it shall be a presumption that Control with respect to a corporation or limited liability company is the right to exercise, directly or induectly, more than fifty percent ( 50%) of the voting rights attributable to the Controlled corporation or limited liability company, and, with respect to any individual, partnership, trust, other entity or association, Control is the possession, indirectly or directly, of the power to direct or cause the direction of the day- to- day management of the controlled entity.
23. SUBDIVIDER shall, at its eXpense, require all contractors and sub- contractors to obtain and maintain all necessary permits and licenses for construction of the Improvements. Prior to the commencement of Improvement construction, SUBDIVIDER ( and its General Contractor/ subcontractois to the extent required under applicable law) shall obtain a City of Lathrop Business License. SUBDIVIDER shall comply with all applicable local, state and federal laws whether or not said laws are expressly stated in this Agreement.
24. This Agreement and any amendments hereto comprise the entire understanding and agreement between the parties regarding the subject matter of this Agreement.
25. Notices. For purposes of this Agreement, " fzotice" means any notice, demand, request, or other communication to be provided under this Agreement. All notices shall be in writing and shall be sent to the below addresses or at such other addresses as either party may later specify for that purpose. All notices required or permitted under this Agreement shall be personally delivered or sent by registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier, such as FedEx ar UPS, with charges prepaid for next business day delivery, addressed to the parties as follows:
162
Subdivision Improvement Agreement ( Scannell Properties# 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
If to City: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: City Manager
Email: citymanager@ci. lathrop. ca. us
With a
copy: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: Salvador Navarrete, City Attorney
Email: snavarrete@ci. lathrop. ca. us
If to SUBDIVIDER: Scannell Properties # 478, LLC
3468 Mt. Diablo Blvd. Suite B- 115
Lafayette, CA 94549
Attn: Paul Starn
Email: phstartn@ mail. com
The date of any notice shall be the date of receipt, provided that, rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice sent. Either party may change its address far notice by giving notice to the other party in accordance with this Paragraph 24.
25. The following miscellaneous provisions are applicable to this Agreement:
a. Controllin Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the laws of the State of California. b. Definitions. The definitions and terms are as defined in this Agreement. c. Exhibits. The following exhibits are attached to this Agreement and are incorporated to this Agreement by this reference:
EXHIBIT A: PARCEL MAP No. 21- 03
EXHIBIT B: LIST OF APPLICABLE PLANS AND SPECIFICATIONS FOR
IDENTIFIED IMPROVEMENTS
EXHIBIT C: CITY INSURANCE REQUIREMENTS
EXHIBIT D: ENGINEERS ESTIMATE FOR OFFSITE IMPROVEMENTS
163
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
d. Force Maieure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, and all performance and other dates specified in this Agreement shall be extended, where delays are due to: war; insurrection; strikes and labor disputes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; acts of terrorism; epidemics; quarantine restrictions; freight embargoes; materials shortages and/ or inability to obtain materials due to tariffs, governmental restrictions or priority; unusually severe weather; acts or omissions of the other party; or acts or failures to act of any public or governmental agency or entiry (except that acts or failures to act of CITY shall not excuse performance by CITY); or moratorium ( each a " Fo• ce Majeure Delay").
An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if Notice ( as that term is defined above) by the party claiming such extension is sent to the other party within sixty ( 60) days of the commencement of the cause.
e. Headin s. The paragraph headings are not a part of this Agreement and shall have no effect upon the constructioi or interpretation of any part of this Agreement. f. Incorporation of Documents. All documents refexred to herein and all documents which may, fi-om time to time, be referred to in any duly executed amendment hereto are by such reference incorporated herein and shall be deemed to be part of this Agreement. g. Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such inodification is agreed to in writing and signed by the parties. h. Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenfarceable, the provisions of this Agreement not so 164
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
affected shall remain in full force and effect.
i. Successors and Assigns. Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
j. Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by eXcluding the first day and including the last.
If the time in which an act is to be performed falls on a SatLirday, Sunday or any day observed as a legal holiday by CITY, the time for performance shall be extended to the following business day.
k. Venue. In the event either party brings that suit hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin.
SIGNATURE ON FOLLOWING PAGE
165
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 8`h day of
August, 2022, at Lathrop, California.
CITY OF LATHROP,
A California municipal corporation of the
State of California
By:
Stephen J. Salvatore Date
City Manager
ATTEST:
City Clerk of and for the City
of Lathrop, State of California
B y:
Teresa Vargas Date
City Clerk
APPROVED AS TO FO M BY THE CITY OF LATHROP CITY ATTORNEY By. L6 - Z.oZZ
Salvador Navarrete Date
City Attorney
166
Subdivision Improvement Agreement ( Scannell Properties # 478, LLC) Parcel Map 21- 03 — 1520 Lathrop Road
SUBDIVIDER
SCANNELL PROPERTIES # 478, LLC,
An Indiana limited liability company
B y:
167
EXHIBIT A
PARCEL MAP NO. 21- 03
168
3w
3zw oz
o -
o ap MEER
doa jppR gwo g
xw 6U
Q'
NF O o¢= al p e
36 N ' o _-
a
b31siJ3tl
g
x
a r
a
r
a
b" dy g z ¢ r
Z e
aa o ° f
S'
Qm mg 3
W o_g F I
m"
a a
g,
R O
oz
Z
a
i'a? 3 30
W
U
osa a
a'
U a
W i Q _ W _- w
a Z
w o
N W o3 a
z
n
gLL fq Q - zw
N
o
w
F- w '
R i m 0 a f/1
N - o
zw
w
d
3 d C o U So
Z Q oF W= o
J _ Q wo o o
W . wz _ tq a - U n - - w - `- azg y
a
o
o w F F}.. wio a -
U _< o. o U _ a o o U _ o< _. o uWi . o o f, a ti ,_< , h< 3 oU ,.° oNA*`:
o;
m?
o=
yPo LL
c a
I I -_ 1 d oozN n_ '
w m
O
m S 1`. w S sy aNtl
1 Qa"' I L_ h __ s
w l"
u" a" - go «
o aa a
N II w = v, s sl ' p, J. m 0000 w<
a
Ia `
o q ,,'''. r
i d' a o' z
a W
N' do E; I . w a
I EQ3" g c i w p o
o o= y' N
1-`_ y - h3— Br d m QaE
S 3fIN3AtlA? WIM z a mzd Yji¢
FrQ' i
g z — ._• tlifdll : a3 4n m
z
d`¢ r
1 j E£ " a'r
a `''''.''_. oap= a oQwwo
o
a
1 '
I w_
w " - eC- ; 1;
1 w o a
o
o w r W => = w z =
w o
g= U E;, om
r, r[
a} E: w
3 a w _
y
o S
YlSb _ - g
n
w f~/I
1 . e I r _.
ne
LL
o
o
o
h•{
a p o p
o oaN
w i wa w
o
x o
ao mo Q o N 3
w o g -
oci ooW -
o
zo
o - _ o
N
w3o VOa fo a -= w- -
aoo - - = U-'g= 2 0 O
do Q
w
za v`, za no _ O
z4n '
mzw
a z Q
o
d
03>
z 3r
w4a
g O o O ; E Ri s3 a =
oog g W o<
Z - a_ D g
a -
d
g z
a oa W w- o
pm w= o
3wwoQ. o - o o z
F Q
w
o
a7 - W o w Z _ o
Z _ a
o _ __
J - x
R' 3w 0 ¢
W fgi Wg _
3 Z
Q ¢ 3
d -
Q a a
o o
W
w Z
z 0 -
w p V
o - p o
v1 - o - - o n Q
o
o
oaQ -_ p 3 fA mww i
6 w a - W zz d jg - W `' w o q
Q ' a=N
3 z
wz ry m_
o
o
o Z - .
a
0 3o faa w' dn . 3 r- .- o m z - nc> oaQ w.- _- 3 n a d c> c> da - 169
I I
M =
I I W/' N I
li
O
tio liaC f
r y' 6"d
sN I
o N < v LL
I =" - o u, d_
IT t= I o .. p- P o E'., _
ml l"
U°
I W= H;'
Fo
I I
Ip I
20 i a:
N
la
i• 6•
I ( f X) M SI LO. ON)
IZ- tll( t- tl), 9L' BL9 M. 9t, 9l. ON) 1( E- a) a. S a, ONI I " n y 99' BLI 3. fi0, 6l. ON AUNB dS' lE4 3. 60, 6IoUN i -..
os[ e Iz- ell xl, ez wa
T ,ae ezi o g`" v,,;, s_` N I(
Istlllrtll , 5'! 61 UZ' tllll' tll _ w '
I
i ^ I , 00aZ — o
Q=!`'
o
yo
U m E:__
i I
N, w
a. o w o
c
w
W
oa
I o I -
r
a y
a IFI _ L — =
q —
J em
6 I6' BZ9 3. 00, SS. ON U
a
rQ 1
I
o yh w I I
I N
m
3Y I I
I _ I
I w = m
p,'
I , s
g
o
m
i
w a„ 3¢ a 0 j. o;
ac, i
INWm `
o° ''
I ' -
LL
m
o
e I W; UZ ' 3 _
a
W
o I ryo ' I
I
I `" _ _ 0 8
I ' _
m W
U
I '
T'
R
o ' I I
a
g
sti
I uol l 1
ym I I i I ^ 1
I '' --- - '
N
I N ,
3e _ I I iI JO
m
m_
o '
02 ^ 1;
I
I ss• n 3. 00, sz. ax
o
I
s a%;
J
I TJ ... l)
O i`=r i
i
F - i
Iy I
I !
i
J m
e
3, O
ygo i
I^ n u z^
I °' E m Sg ' 1
I S" ' I
I lo _
z
3 I g I
I I i m W. w ¢
N
L--- J
e" a g:" - sg w
ws
e='
I
i e
im'= _ Sog m
r--------------------------
I= j. g
e W
aH ,
II 'nc''
i '
3. T' da m V
I ¢ I i I4" tl E" tl 1N3W3Stl3 e
M tltll llItlO 06 c 3 g
i3 I 1 ; n U' //
N
i
I W I ; O6' L9t
m . o m / ' 1
s• a+ e 1
p '
g, I
I
I
L
I _ _ (
lE- tl) Z6' LOL 3. ZZ b4elS) AON9 96' LOL M. 80 lZ. lN _ 1 3 e '¢ m< I
1 I
I Wa I Ia I
mla. ^'
m_
m m
i xm
a
v. .-
m
I oP
ee "
I w
m I
m ;; i Q _'_
g _ OS' S63. 00 SS. ON
I "
g cu'Je F"
pN e
I
p
udo i
3fltld ' '
F 1 1 N
u 40
oi
I
I m
N
Q Q
I ]
p
il Qi m I
CO 2
I
I
ty i
I
e
w
Z
IQ 00' S9 3. 00 SL. ON
I o
I ZZ so
Ny
I
I I 4Q
12' I
le- W
m I
F ' a
e
e
c
r m 1
r------------------------------
e
s• oc
I I
S m I , os• e . s• z o sa
a AONB 96' LOL M. BO IZaLN 1
I
I
og
2o
q,
L
Y
W
N mo
L J
i i
i r i
w
i
m
a i
i i
i
I\ o z i <
3 a
i za ti i o '" a a w
J 4e a
w2
1BA
2' a` mv-M ''
N,.
B'
50 0 QNeo I n "' g r
a 4¢ 2W2 3
o
r
J
z y 32,
8 w
v z U
I
z
I
o o ae
H _ _-
a _ -
ti g _ a
o^'„ ,
6 fyy3g 0
I
3 mpN -
n J
w z _
i"
w
9 e ^
om ! 0tlpJS3• BC, fCy N 1
m N=
m w., io vr"ia' am_ o ouan 3 j
12 e^".¢
ZS' L6C9S) oi`
w
W m; hmc i m
c
o Q
I I '
m
2 W
W
a
m
ZI I ' O
i
m oni
o
z i w
1 o zww
Ja N" I I,
w
J I ,
I _ rnvu, Q-, m
T "* 1 I
m o m aaa..
L?
o
J
zl mz i,
170
EXHIBIT B
LIST OF APPLICABLE PLANS AND
SPECIFICATIONS FOR IDENTIFIED IMPROVEMENTS
1. City of Lathrop — 1520 Lathrop Road— Sanitary Sewer Pump Station— APN: 198- 040- 14 ( Dated March 2022)
2. Improvement Plans— 1520 Lathrop Road— Offsite Sanitary Sewer Forcemain— Lathrop, California ( Dated March 2022)
171
EXHIBIT C
SUBDIVIDER shall obtain commercial general liability insurance companies licensed to do business in the State of Califarnia with an A.M. Best Company Insurance rating of no less than A:VII which provides coverage for bodily injury, personal injury and property damage liability in the amount of at least One Million Dollars ($ 1, 000, 000) for each occurrence and Two Million Dollars ($ 2,000,000) in the aggregate.
Said insurance coverage shall be evidenced by a certificate of insurance with policy endorsements. Both parties to the Subdivision Improvement Agreement must be named as additional insured on the policy, unless such policy includes a blank additional insured endorsenient. The policy endorsements to be attached to the certificate must:
a. Name the City of Lathrop, its officers, City Council, boards and commissions, and members thereof, its employees and agents as additional insured. A CG 2010 or CG 2026 endorsement form or the equivalent is the appropriate form; b. State that " the insurance coverage afforded by this policy shall be primary insurance as respects to the City of Lathrop, its officers, employees and agents. Any insurance or self-insurance inaintained by the City of Lathrop, its officers, employees, or agents shall be in excess of the insurance afforded to the named insured by this policy and shall not contribute to any loss";
c. Include a statement that, " the insurer will ptovide to the City at least thirty ( 30) days prior notice of cancellation or materia] change in coverage." The above language can be included on the additional insured endorsement form ar on a separate endorsement form; d. Contain a cross liability ar severability of interest clause; and e. Be maintained and evidence of insurance must be provided for one ( 1) year after CITY' s acceptance of the Improvements, so long as commercially available at reasonable rates. 172
Client#: 35303 SCANPRO
DATE( MM/ DD/ YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE s ozizo22 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement( s).
PRODUCER
NAME: NTA r Nikki Eslick
EPIC Insurance Midwest PHONE 317- 706- 9809 Fax
A/C No Ext: AIC, No:
P. O. Box 80159 E- MAIL
ADDRESS: nikki. eslick e P icbrokers. com
Indianapolis, IN 46280
INSURER(S) AFFORDINGCOVERAGE NAIC#
iNsurtert a: The Hanover Insurance Company 22292
INSURED INSURER B:
Scannell Properties
8801 River Crossing Blvd.# 300
INSURERC:
Indianapolis, IN 46240
NSURERD:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TypE OF INSURANCE
ADDL SUBR POLICY EFF POLICY EXP
LTR LIMITS INSR WVD POLICY NUMBER MM/ DD/ YYYY MM/ DD/ YYYY A X
COMMERCIAL GENERAL LIABILITY X X ZHW043698016 6/ 21/ 2022 06/ 21/ 202 EACH OCCURRENCE OOO OOO CLAIMS- MADE OCCUR PREMISES aoccur° nce s 1 OO, OOO
MED EXP( Any one person) $ 10 000
No Deductible/ SIR PERSONALBADVINJURY $ OOO OOO
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Z OOO OOO PROPOLICY_ JECT X LOC PRODUCTS- COMP/OPAGG $ L OOO OOO OTHER:
A AUTOMOBILELIABILITY X X ZHW043698016 6/ 21/ 2022 06/ 21/ 202
COMBINEDSINGLELIMIT ,
Ea accident OOO, OOO
ANY AUTO BODILY INJURY( Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY( Per accidenq $
HIRED NON- OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident A ( UMBRELLALIAB X OCCUR X X ZHW043698016 6/ 21/ 2022 06/ 27/ 202 EACHOCCURRENCE Q0 Q
EXCESS LIAB CLAIMS- MADE AGGREGATE O OOO OOO
DED X RETENTION$ O
A
WORKERSCOMPENSATION X WHW841845116 6/ 21/ 2022 06/ 21/ 202 X PER OTHAND EMPLOYERS' LIABILITY Y N
TAT TE E
ANY PROPRIETOR/ PARTNER/ EXECUTIVE E. L. EACH ACCIDENT SOO OOO OFFICER/ MEMBER EXCLUDED? N I A Ma datory in NH) E. L. DISEASE- EA EMPLOYEE $ SOO OOO
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ SOO OOO DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is Additional Insured with respects to the General Liability on a primary and non contributory basis when required by written contract. Umbrella follows form. General Liability and Umbrella include terrorism.
Scannell Properties# 478, LLC is an Additional Named Insured.
RE: 1520 Lathrop Road, Lathrop, CA
See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
City of Lathrop
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 390 Towne Centre Drive ACCORDANCE WITH THE POLICY PROVISIONS.
Lathrop, CA 95330
AUTHORIZED REPRESENTATIVE
O 1988- 2015 ACORD CORPORATION. All rights reserved.
ACORD 25( 2016/ 03) 1 of 2 The ACORD name and logo are registered marks of ACORD S4202613/ M4095919 NESLI
173
DESCRIPTIONS ( Continued from Page 1)
City of Lathrop, its officers, City Council, boards and commissions and members thereof, its employees and agents are included as Additional Insureds as respects to General Liability. General Liability shall be Primary and Non- Contributory with any other insurance in force for or which may be purchased by City of Lathrop, its officers, employees and agents.
Thirty day notice of cancellation applies for any reason other than nonpayment which is ten days.
SAGITTA 25. 3( 2016/ 03) 2 Of 2
S4202613/ M4095919
174
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SUMMARY OF COVERAGES
1. Additional Insured by Contract, Agreement or Permit Included
2. Additional Insured— Primary and Non- Contributory Included
3. Blanket Waiver of Subrogation Included
4. Bodily Injury Redefined Included
5. Broad Form Property Damage— Borrowed Equipment, Customers Goods & Use of Elevators Included
6. Knowledge of Occurrence Included
7. Liberalization Clause ncluded
8. Medical Payments— Extended Reporting Period Included
9. Newly Acquired or Formed Organizations - Covered until end of policy period Included
10. Non- owned Watercraft 51 ft.
11. Supplementary Payments Increased Limits
Bail Bonds 2, 500
Loss of Earnings 1000
12: Unintentional Failure to Disclose Hazards Included
13. Unintentional Failure to Notify Included
This endorsement amends coverages provided under the Commercial General Liability Coverage Part through new coverages, higher limits and broader coverage grants.
1. Additional Insured by Contract, Agreement or 1) " Your work" for the additional insured( s) Permit designated in the contract, agreement or
The following is added to SECTION II — WHO IS permit;
AN INSURED: 2) Premises you own, rent, lease or occupy; Additional Insured by Contract, Agreement or
or
Permit 3) Your maintenance, operation or use of
a. Any person or organization with whom you equipment leased to you. agreed in a written contract, written agreement b. The insurance afforded to such additional or permit that such person or organization to insured described above:
add an additional insured on your policy is an 1) Only applies to the extent permitted by additional insured only with respect to liability law; and for " bodily injury°, " property damage", or
2 Will not be broader than the insurance personal and advertising injury" caused, in 1 whole or in part, by your acts or omissions, or which you are required by the contract, the acts or omissions of those acting on your agreement or permit to provide for such behalf, but only with respect to: additional insured.
421- 2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 175
3) Applies on a primary basis if that is advertising injury° involved the rendering required by the written contract, written of or failure to render any professionai agreement or permit. services by or for you.
4) Will not be broader than coverage d. With respect to the insurance afforded to provided to any other insured. these additional insureds, the following is 5) Does not apply if the " bodily injury",
added to SECTION III — LIMITS OF
property damage" or " personal and INSURANCE:
advertising injury° is otherwise excluded The most we will pay on behalf of the from coverage under this Coverage Part, additional insured for a covered claim is the including any endorsements thereto. lesser of the amount of insurance:
c. This provision does not appiy: 1. Required by the contract, agreement or 1) Unless the written contract or written permit described in Paragraph a.; or agreement was executed or permit was 2. Available under the applicable Limits of issued prior to the" bodily injury", " property Insurance shown in the Declarations. damage", or " personal injury and This endorsement shall not increase the advertising injury". applicable Limits of Insurance shown in the 2) To any person or organization included as Declarations. an insured by another endorsement 2. Additional Insured — Primary and Nonissued by us and made part of this Contributory Coverage Part.
The following is added to SECTION IV —
3) To any lessor of equipment: COMMERCIAL GENERAL LIABILITY a) After the equipment lease expires; or CONDITIONS, Paragraph 4. Other insurance:
b) If the " bodily injury", " property Additional Insured — Primary and Nondamage", " personal and advertising Contributory injury" arises out of sole negligence of f
you agree in a written contract, written
the lessor
agreement or permit that the insurance provided to
4) To any: any person or organization included as an
a) Owners or other interests from. whom
Additional Insured under SECTION II — WHO IS
land has been leased which takes AN INSURED, is primary and non- contributory, place after the lease for the land ex- the following applies:
pires; or If other valid and collectible insurance is available b) Managers or lessors of premises if: to the Additional Insured for a loss covered under Coverages A or B of this Coverage Part, our
i) The occurrence takes place after obligations are limited as follows:
you cease to be a tenant in that
premises; or
a. Primary Insurance
ii) The " bodily injury", " property This insurance is primary to other insurance damage", " personal injury" or
that is available to the Additional Insured
advertising injury" arises out of which covers the
structural alterations, new con- Additional Insured as a Named Insured. We struction or demolition operations will not seek contribution from any other performed by or on behalf of the insurance available to the Additional Insured manager or lessor. except:
5) To " bodily injury°, " property damage" or 1) For the sole negligence of the Additional personal and advertising injury" arising Insured;
out of the rendering of or the failure to 2 When the Additional Insured is an render any professional services.
Additaonal Insured under another primary
This exclusion applies even if the claims liability policy; or against any insured allege negligence or 3) when b. below applies. other wrongdoing in the supervision,
hiring, employment, training or monitoring If this insurance is primary, our obligations are of others by that insured, if the not affected unless any of the other insurance occurrence" which caused the " bodily is also primary. Then, we will share with all injury° or" property damage" or the offense that other insurance by the method described which caused the " personal and in c. below.
421- 2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 4 176
b. Excess Insurance insurer contributes equal amounts until it has 1) This insurance is excess over any of the paid its applicable limit of insurance or none of other insurance, whether primary, excess, the loss remains, whichever comes first. If any contingent or on any other basis: of the other insurance does not permit contribution by equal shares, we will contribute
a) That is Fire, Extended Coverage, by limits. Under this method, each insurer' s Builder' s Risk, Installation Risk or share is based on the ratio of its appiicable similar coverage for" your work"; limit of insurance to the total applicable limits b) That is Fire insurance for premises of insurance of all insurers rented to the Additional Insured or 3. Blanket Waiver of Subrogation temporarily occupied by the Additional
Insured with permission of the owner;
The following is added to SECTION IV —
c That is insurance
COMMERCIAL GENERAL LIABILITY
purchased by the CONDITIONS, Paragraph 8. Transfer Of Rights Additional Insured to cover the Of Recovery Against Others To Us:
Additional Insured' s
liability as a
tenant for " property damage" to We waive any right of recovery we may have - premises rented to the Additional against any person or organization with whom you Insured or temporarily occupied by the have a written contract that requires such waiver Additional with permission of the because of payments we make for damage under owner; or this coverage form. The damage must arise out of your activities under a written contract with that
d) If the loss arises out of the
person or organization. This waiver applies only to
maintenance or use of aircraft, " autos" the extent that subrogation is waived under a or watercraft to the extent not subject written contract executed prior to the " occurrence" to Exclusion g. of SECTION 1 — or offense giving rise to such payments. COVERAGE A — BODILY INURY AND PROPERTY DAMAGE 4. Bodily Injury Redefined
LIABILITY. SECTION V — DEFINITIONS, Definition 3. " bodily 2) When this insurance is excess, we will injury" is replaced by the following:
have no duty under Coverages A or B to 3. " Bodily injury" means bodily injury, sickness or defend the insured against any" suit" if any disease sustained by a person including death other insurer has a duty to defend the resulting from any of these at any time. " Bodily insured against that " suit". If no other injury" includes mental anguish or other insurer defends, we will undertake to do mental injury resulting from " bodily injury". so, but we will be entitled to the insured' s
5. Broad Form Property Damage — Borrowed
rights against all those other insurers. Equipment, Customers Goods, Use of 3) When this insurance is excess over other Elevators
Insurance, we will pay only our share of
a. SECTION I — COVERAGES, COVERAGE A—
the amount of the loss, if any, that BODILIY INJURY AND PROPERTY exceeds the sum of: DAMAGE LIABILITY, Paragraph 2.
a) The total amount that all such other Exclusions subparagraph j. is amended as insurance would pay for the loss in the follows:
absence of this insurance; and
Paragraph ( 4) does not apply to " property
b) The total of all deductible and self damage" to borrowed equipment while at a insured amounts under all that other jobsite and not being used to perform insurance. operations.
We will share the remaining loss, if any, Paragraphs ( 3), ( 4) and ( 6) do not apply to with any other insurance that is not property damage" to " customers goods" while described in this Excess Insurance on your premises nor do they apply to the use provision and was not bought specifically of elevators at premises you own, rent, lease to apply in excess of the Limits of or occupy.
Insurance shown in the Declarations of
this Coverage Part.
b. The following is added to SECTION V —
DEFINTIONS:
c. Method Of Sharing 24. " Customers goods" means property of If all of the other insurance permits your customer on your premises for the contribution by equal shares, we will follow this purpose of being:
method also. Under this approach each
421- 2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 177
a. worked on; or 10. Non- Owned Watercraft
b. used in your manufacturing process. SECTION I — COVERAGES, COVERAGE A c. The insurance afforded under this provision is BODILY INJURY AND PROPERTY DAMAGE excess over any other valid and collectible
LIABILITY, Paragraph 2. Exclusions,
property insurance ( including deductible) subparagraph g.( 2) is replaced by the following:
available to the insured whether primary, g. Aircraft, Auto Or Watercraft excess, contingent
2) A watercraft you do not own that is:
6. Knowledge of Occurrence
a) Less than 51 feet long; and
The following is added to SECTION IV —
COMMERCIAL GENERAL LIABILITY b) Not being used to carry persons or CONDITIONS, Paragraph 2. Duties in the Event property for a charge; of Occurrence, Offense, Claim or Suit: This provision applies to any person who, with your consent, either uses or is
e. Notice of an " occurrence", offense, claim or
responsible for the use of a watercraft.
suiY' will be considered knowledge of the
insured if reported to an individual named 11. Supplementary Payments Increased Limits insured, partner, executive officer or an SECTION 1 — SUPPLEMENTARY PAYMENTS employee" designated by you to give us such COVERAGES A AND B, Paragraphs 1. b. and a notice. 1. d. are replaced by the following:
7. Liberalization Clause 1. b. Up to $ 2, 500 for cost of bail bonds required The following is added to SECTION IV — because of accidents or traffic law violations COMMERCIAL GENERAL LIABILITY arising out of the use of any vehicle to which CONDITIONS: the Bodily Injury Liability Coverage applies.
Liberalization Clause
We do not have to furnish these bonds.
1. d. All reasonable expenses incurred by the If we adopt any revision that would broaden the insured at our request to assist us in the coverage under this Coverage Form without
investigation or defense of the claim or " suit",
additional premium, within 45 days prior to or
including actual loss of earnings up to $ 1000 a
during the policy period, the broadened coverage day because of time off from work. will immediately apply to this Coverage Part.
12. Unintentional Failure to Disclose Hazards
8. Medical Payments — Extended Reporting
Period The following is added to SECTION IV —
COMMERCIAL GENERAL LIABILITY
a. SECTION I — COVERAGES, COVERAGE C— CONDITIONS, Paragraph 6. Representations:
MEDICAL PAYMENTS, Paragraph 1.
Insuring Agreement, subparagraph a.( 3)( b) Ne will not disclaim coverage under this Coverage is replaced by the following: Part if you fail to disclose all hazards existing as of the inception date of the policy provided such b) The expenses are incurred and reported failure is not intentional. to us within three years of the date of the
accident; and 13. Unintentional Failure to Notify
b. This coverage does not apply if COVERAGE The following is added to SECTION IV — C — MEDICAL PAYMENTS is excluded either COMMERCIAL GENERAL LIABILITY by the provisions of the Coverage Part or by CONDITIONS, Paragraph 2. Duties in the Event endorsement. of Occurrence, Offense, Claim or Suit:
9. Newly Acquired Or Formed Organizations Your rights afforded under this policy shall not be prejudiced if you fail to give us notice of an SECTION II — WHO IS AN INSURED, Paragraph occurrence", offense, claim or" suit", solely due to 3. a. is replaced by the following:
your reasonable and documented belief that the
a. Coverage under this provision is afforded until bodily injury" or" property damage" is not covered the end of the policy period. under this policy.
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 421- 2915 06 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 4 178
COMMERCIAL GENERAL LIABILITY
CG 20 01 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance 2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution
Primary And Noncontributory Insurance from any other insurance available to the additional insured.
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 1 179
EXHIBIT D
ENGINEERS ESTIMATE FOR OFFSITE IMPROVEMENTS
180
25230
7/ 22/ 2022
OFFSITE INFRASTRUCTURE BOND ESTIMATE
1520 LATHROP ROAD
City of Lathrop, California
SUMMARY
ITEM DESCRIPTION AMOUNT
1 Forcemain 148, 880
2 Pump Station 586, 726
3 Driveway 23, 000
758, 606
Note: contingency not included in estimate
181
Attachment D
f'` a
w I,
t
i
2 ? d` 1
o E f.-
o
F' C L,
e
r i a I__..
I E .
a o
nd. -
o t1N 11`d h3lNl
W
N
J
Q
G" U
z o
I
7 . i W F 1
V
liL1'
Ei '' i*
Q
N Q
r z
n a
T -,
4 g V I
1 IITT
r r ,
z
J LLl t
1 a
r--
ti 1,+ Y;
3 4
t+-..,,, __ j
j, t
4 182
ITEM 4. 12
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS AND SIDEWALK
EASEMENT FOR THE DUKE REALTY DEVELOPMENT
LOCATED AT 16825 MURPHY PARKWAY AND
AUTHORIZE THE RELEASE OF BONDS ASSOCIATED
WITH EP NO. 2020- 41
RECOMMENDATION: Adopt Resolution Accepting Public Improvements and Sidewalk Easement for the Duke Realty
Development Ic"cated at 16825 Murphy Parkway and
Authorize the Release of Bonds Associated with
Encroachment Permit No. 2020- 41
SUMMARY:
Duke Realty ( Duke), the developer for 16825 Murphy Parkway, has completed the construction of the public improvements associated with Encroachment Permit ( EP) 2020- 41. The approximate value of the improvements proposed to be accepted is 732, 888. 40, as shown in the project GASB 34 Report included as Attachment C".
These improvements have been inspected by staff and have been deemed complete by the City Engineer. The developer has provided a one- year warranty bond based on 10% of the construction costs and a lien release for the improvements being accepted. After the initial one- year warranty period, the costs to maintain these facilities will be covered through the City of Lathrop Maintenance Districts.
Staff recommends City Council accept the public improvements in accordance with City specifications and authorize the release of the bonds associated with the EP No. 2020- 41, including approval of a Sidewalk Easement.
BACKG ROU N D:
On June 15, 2020, the City of Lathrop Community Development Department approved Development Pfan No. DP- 16- 42 for the construction of a 382, 722 square foot building in the Commercial Highway Zone, which included approximately 32, 000 square feet of retail commercial on site supported by onsite warehousing, on an
18. 70- acre site located within the Crossroads Commerce Center.
On June 12, 2020, the City of Lathrop Community Development Department approved the Minor Site Plan Review No. MSPR- 20- 57 ( MSPR) to authorize the construction of a new 346, 860 square foot warehouse building on an approximately 20- acre site. The MSPR modified the existing approval for Development Plan No. DP16- 49 ( LBA North). 183
CITY MANAGER' S REPORT PAGE 2
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS AND SIDEWALK EASEMENT FOR THE DUKE REALTY DEVELOPMENT LOCATED AT 16825 MURPHY PARKWAY AND
AUTHORIZE THE RELEASE OF BONDS ASSOCIATED WITH EP NO. 2020- 41 The Conditions of Approval associated with MSPR- 20- 57 required the installation of frontage improvements along Murphy Parkway and Harlan Road, including paving, landscaping, fencing, lighting, curb, gutter, and sidewalk.
Construction of the frontage improvements are complete and the approximate value of the improvements proposed to be accepted is $ 732, 888. 40 as shown in the project GASB 34 Report. Duke is also providing the City a sidewalk easement along the frontage of Harlan Road as shown in Attachment " D".
After the initial one- year warranty period, the public facilities will be maintained by the City and the costs to maintain these facilities will be covered through the existing City of Lathrop Maintenance Districts.
Duke provided a performance bond ( Bond No. 107253058) with EP 2020- 41 in the amount shown in Table 1 that guaranteed the construction of the offsite improvements. Staff request Council approve the release of the performance bond, the warranty bond would go into effect upon acceptance of the improvements.
Table 1
Description
Performance Bond Warranty Bond
Number & Amount Number & Amount
Encroachment Permit 107253058 30164763
2020- 41 977, 900. 00 73, 288. 84
REASON FOR RECOMMENDATION:
Staff has inspected the offsite improvements for the Duke Realty Development and confirmed that the improvements have been completed in accordance with City specifications and deemed complete by the City Engineer. Duke has submitted lien releases for the improvements being accepted. Staff has received the one- year warranty bond and as- built drawings for said improvements. Staff recommends Council accept the improvements.
FISCAL IMPACT:
The approximate value of the improvements proposed to be accepted is $ 732, 888. 40 as shown in the project GASB34 Report and the costs to maintain these facilities will be covered through the City of Lathrop Maintenance Districts.
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. 184
CITY MANAGER' S REPORT PAGE 3
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS AND SIDEWALK EASEMENT FOR THE DUKE REALTY DEVELOPMENT LOCATED AT 16825 MURPHY PARKWAY AND
AUTHORIZE THE RELEASE OF BONDS ASSOCIATED WITH EP NO. 2020- 41 ATTACH M ENTS:
A. Resolution Accepting Public Improvements and Sidewalk Easement for the Duke Realty Development Located at 16825 Murphy Parkway and Authorize the Release of Bonds Associated with Encroachment Permit No. 2020- 41 B. Location Exhibit - 16825 Murphy Parkway Offsite Improvements C. GASB 34 Report - 16825 Murphy Parkway Offsite Improvements D. Offer of Dedication for Sidewalk Easement
185
CITY MANAGER' S REPORT PAGE 4
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS AND SIDEWALK EASEMENT FOR THE DUKE REALTY DEVELOPMENT LOCATED AT 16825 MURPHY PARKWAY AND
AUTHORIZE THE RELEASE OF BONDS ASSOCIATED WITH EP NO. 2020- 41 APPROVALS:
I " Zv
Be Nabizadah Date
Assistant Engineer
1 I° t Zoz-Z
Brad ylor Date
City n e
o'
Cari James Date
Finance Dir tor
ZO• Z,2
Michael King Date
Assistant City Manager
2 ` Lo L
Salvador Navarrete Date
City Attorney
Z. Z,
St en J. Salvatore Date
City Manager
186
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING
PUBLIC IMPROVEMENTS AND SIDEWALK EASEMENT FOR THE DUKE REALTY DEVELOPMENT LOCATED AT 16825 MURPHY PARKWAY AND AUTHORIZE THE RELEASE OF BONDS ASSOCIATED WITH ENCROACHMENT PERMIT NO. 2020- 41 WHEREAS, on June 15, 2020, the City of Lathrop Community Development Department approved Development Plan No. DP- 16- 42 for the construction of a 382, 722 square foot building in the Commerciai Highway Zone, which included approximately 32, 000 square feet of retail commercial on site supported by onsite warehousing, on an 18. 70- acre site located within the Crossroads Commerce Center; and
WHEREAS, on June 12, 2020, the City of Lathrop Community Development Department approved the Minor Site Plan Review No. MSPR- 20- 57 ( MSPR) to authorize the construction of a new 346, 860 square foot warehouse building on an approximately 20- acre site. The MSPR modified the existing approval for Development Plan No. DP- 16- 49 ( LBA North); and
WHEREAS, the Conditions of Approval associated with MSPR- 20- 57 required the installation of frontage improvements along Murphy Parkway and Harlan Road including paving, landscaping, fencing, lighting, curb, gutter, and sidewalk; and WHEREAS, construction of the frontage improvements is complete and the approximate value of the improvements proposed to be accepted is $ 732, 888. 40 as shown in the project GASB 34 Report, included as Attachment " C" to the City Manager' s Report Duke Realty ( Duke) is also providing the City a sidewalk easement along the frontage of Harlan Road as shown in Attachment ' D" of the City Manager' s Report; and
WHEREAS, the public facilities will be maintained by the City and the costs to maintain these facilities will be covered through the existing City of Lathrop Maintenance Districts; and
WHEREAS, Duke has provided a one- year warranty bond to guarantee replacement and/ or repair of the improvements as a result of defective materials, equipment, or defective workmanship for a period of one year from the date of acceptance; and
WHEREAS, Duke provided a performance bond ( Bond No. 107253058) to the City upon issuance of Encroachment Permit 2020- 41 in the amount shown in Table 1 that guaranteed the construction of the offsite improvements. The performance bond will be released and replaced with the warranty bond upon acceptance of the improvements; and
187
Table 1
Description Performance Bond Warranty Bond
Number & Amount Number & Amount
Encroachment Permit 107253058 30164763
2020- 41 977, 900. 00 73, 288. 84
WHEREAS, City staff has inspected the offsite improvements for the Duke Realty Development and confirmed that the improvements have been completed in accordance with City specifications and deemed complete in accordance with the specifications by the City Engineer; and
WHEREAS, Duke has submitted lien releases for the improvements proposed to be accepted. Staff has received the one- year warranty bond and as- built drawings for said improvements. Staff recommends Council accept the improvements.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements and sidewalk easement for the Duke Realty development located at 16825 Murphy Parkway and authorize the release of the performance bond associated with Encroachment Permit No. 2020- 41. 188
The foregoing resolution was passed and adopted this Sth day of August 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
189
Attachment B
k ":
r
w
q
x
y
k 4..
h$ fi. y
rc... 4„
2 w»' r
p
s .
i@p
f k'
T:..
p
T'
i —„ p.^`
4 4. w.
v
ah
w
g
Amy.. rp .
law'
e M 9r"'"'"
V # ,.
C
X ..
w `\
3 a
a
1 y.`,,
i:.
a
w .
a'" g„ q
i',",,, Z --
y •,ii• a ^
n N": ._ r . a . a a
i. T a
r
w
w - u
cn
s
ocQ
F '
r .
Q Q Q U rt
ry
se° . ,
a
s- `- , . , q, W — F u O
y. ..
H
r`
C ! n r
r°O .
f
e
fi h ,+.
61 1t=
w.naro v,......, , 9
fi
ti, Z Z
t
2 ry;
j $+ r
yM ° a
a ; W bd " , tidb J
R
y'
he..
e
t/
s
T..' Y. Yk TM+"
ax. . ..
i ,
y y • .
x . ' YKf p
re e.. _
b 0
V
s> s " '
r..
r ,..`. , ,
d :
y.' Q ;
n.
f.. fl'111/f
T
s oy /`
t `
b N" /
yb 1
p, ' _. .., N r - f
r.
1. ^+'` r'€.: w
p
3 n '
r.
t
a4°,. '
f
Y a
F' i fl t F,
Q
y
a ' r
n,,,
n., ..
G
ry,
a z `,' w°`"`,'
ie^ r'
f ",
rs;:„ tibd 3llbn
y,
rs. n ne .,
c
r"-•t,, / V Q prJ w J
t+` q+ "' y'
s.'""``. -,-,
x- C '' s'- • ` *...
y '
y...' F
Y"`... y#r'k" -- 6 y''-`
y .
y a. ' , Fp, i: , .{"
t
v " v S' p r
5..-" W .. a ' k ' a ....
r+.- ".; r''
r° a '
r'
f''
s='
y , _.
c+,`,
ry a. ,` , w,'
t x e it' s + cc a4 o- ..% b
r , ee '` t' Ls° yt`"` «.{ k+-' i e- w.. e "
p ..,.`
c." ak
9 T" w
rLn i+
s i-±: w" y. '... x S,
s , . €. *
t "- „.....,. ... a " r. `"`" ;; '° k. ?"
a ',
a.. .,.
w .
a ,,' g, ..
z
9'"C',. -
g, *' •.
k. Y .
4 y '
p
q a.# R:' N ...
tl .
4'" o- i •+ • s..
Y„
F
i"` `.,
1E`* a " w- a ..... e.'`_ _. '~¢
j
N
i,..``..
A' ,
µ,°
L' , _
k '
K` - ....,:.""',..... .
t ..."', .
190
ATTACHMENT C
000 00000 00000 , o0 00 00 0
O O O O O O O O N I O l0 O a-- I I O O O O O O ct
1 tD N O N .- I m u 1 u'1 M N m O O O O o0 e- I o0
1 Ol 00 Ql N o0 - I 00 l0 O t/ 1 c' 1 l0 / 1 ul O O O O c- I r-I o0 O N lD I 00 ' 1 O O ct l I r) N N tr) ir) O O t 00
00 1 (' 1 1 O N a-- I e- i M i--i Ql lD 00 N I M 00 l0 N FI
N f' 1 c- 1 N L} N f1 I ct L} t/? V} M L} t/ t/? V1 t/? Vl L} M Oi/? t/ F l/? t/} t/t V? V t/? t/? t/?
u
ri c- I i- 1 e- i a- i e- i .-j. c- I lD -- I N lfl c- I tll Vl c- 1 I .- i c- I i--I -- 1 n N O
M
N
l0 O l0
N / 1 lD 1 c- 1 c- I
I Ct
O
N
u
N O Z
w
m
w
e-- 1 .-- .-- I c- I c- I e- ri -- I 1 I Ln l0 O .-- u" 1 i--I N c- I c- 1 c- I e-- I n O m n m m i
aw
n -- oo n
w H
Q
Z
o
a
r =
w
a
U
O Q N oc
p o a
a d N d
g ° = Y z
a M m
o
m
o
aa ''
J C:) N lil ( n l/' 1 V1 (/ i ln ln LL L. L LL LL LL LL lL fn ( n ( n V1 ln N J J J J J J J J J J J ( n J { n ln J 41 J J J J
W
d
N
z
g
LL
z
m
T
3 a Ya
a
3 @ -
W c
L
H dC G
T
G
Q Q_ N n
Y T T
T
c
O x
Y
Y T
Y Y
Y
G T Q
a
a
a a 3
n 3 s Y o n 3 a v
Q 3 a a Q
o- Q
a c Y '
v °'
3 a >- - ' s '- . fl- v @ °
Q g - Q = = N Q ,
3 ' o- v
L ' ' ° _
C
i ' L L T C VI I U OO
p
3 to ' Q i i o
ca
p v L C
1 L L U 3 U Q Q
I Q Q c
Ur ca ro m ro Q OC a
O L t
u u . o
L U ` U C VI V/ L _ J
v °°
ca ^ y
v v + ° L ° -'
O N [ O CJ U1 fB 41 ' . c6 to " O
ln ( n OC CO LL Q Q U ( n ( n ( n J J W Q
N N QJ N U1 N N N N v N N N N UJ 41 QJ U1 4J N 4J J
a-- + + -- i a-- Y Y Y + + + -- i+ i-+ Y Y ++ ++ Y a-- + Q
N N N N N N N N N N
F- 4- 4- 4- 4- 4-- 4- y-- 4- 4-- 4- F- F F N-- 4--
4- f-- 1-- 1-- 4- 4- 1-- W- 4- H H H H 4- 4- 1-- ti
0 O O 0 O O O Q Q O 0 0
191
Attachment D
RECORDING REOUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt fi•om pnyment of reco• ding fees( GC 27383)
SPACE ABOVE T} fIS LINE FOR RECORDER' S USE
Offer of Dedication
for Public Sidewalk Easement
THIS INTRUMENT BENEFITS THE CITY ONLY. NO FEE REQUIRED.
THE UNDERSIGNED GRANT R( S) DECLARE( S): DOCUMENTARY TRANSFER TAX IS$ 0. 00 RBTC Transfer to Govemment Aqencv camputed on full vaiue of property conveyed, or
O computed on fuil value less liens and encumbrances remaining at time of sale.
O Unincorporated area ( X) Gity of Lathrop
For a valuable consideration, receipt of which is hereby acknowledged, DUKE REALTY LIMITED PARTNERSHIP, legal landowner" Grantor( s)", hereby grants to CiTY OF LATHROP, a California municipal corporation "Grantee", a public sidewalk easement( the" Public Sidewalk Easement") for public purposes over all that real property situated in the State of California, San Joaquin County, City of Lathrop, and mare particularly described as follows:
See attached Exhibit° A" and Exhi6it" B" attached hereto and made a part hereof'** In witnass whereof the undersigned have executed this instrument on this 8 day of, '"- Grantor( s): DUKE REALTY L. IMITED PARTNERSHIP
By:
Nancy Shu tz
Regional Presid nt
192
ACKNOWLEDGMENT
A notary public or other o cer completing this
cer#ificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validit of that document.
State of California
County of Orange
On une 28, 2022 before me, Teri Tanaka, Natary Public
insert name and title of the officer)
personally appeared Nancy Shultz
who proved to me on the basis of satisfactory evidence to be the person( s) whase name( s) is/ are subscribad to the within instrument and acknowledged to me that he/ she/they executed the same in his/ her/their authorized capacity{ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument. f certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and afficial seal. TfRITaNAKA
Natary Pubhc• Galifomia
Orange County
Commission q 2266055
My Comm. Expires Nov b, 2022
Signature !,_ J.,, _' I.d m,A _ Sealj
193
EXHIBIT" A"
IEGAL DESCRIPTION
51DEWALK EASEMENT
TNE LAfVD REFERRED TO HEREIN BELOW 1S 51TUATED IN TNE CITY OF IATHROP, CC?UNTY OF SAN JOAQUIN, STATE OF CALIFQRNIA, BEING A PORT{ ON OF PARCEI 2 AS SHOWN ON THAT CERTAIN PARCEL MAP NO. 93- 11, FILED FOR RECORD OCTOBER 27, 1993, IN 800K 19 OF PARCEL MAPS, AT PAGE 67, OF SAN JOA4UIN COUNTY RECORDS, MORE PARTICUTARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAlD PARCEL 2 AS SHOWN ON 5AfD PARCEL MAP, SAIQ POINTAlSO BEING ON THE SOUTH£ RLY RIGHT OF WAY LINE OF HARtAN ROAD ( WIDTH VARIES):
THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE, 50UTH 0° 27' 30" WEST, 2. 99 FEET ALONG THE WESTERLY LINE OF SAID PARCEL 2, TO THE BEGINNING OF A NON- TANGENT 603. 00 FOOT CURUE TO THE LEFT, TNE CENTER OF WNICN BEARS NORTH 2' OS' 07" WEST, SAID CURVE BEING ON THE SOUTHERLY LINE O AN EXISTING 3.00 FOOT SIDEWALK EASEMENT AS SHOWN ON THAT CERTAIN TRACT MAP NO. 2529 FlIED FOR RECORD SEPTEMBER 8, 1993, IN BOOK 31 OF MAPS AND PLATS, AT PAGE 85, SAN 1UA4UIN COUN7Y RECORDS; THENCE lEAVING SAID WESTERIY LINE OF SA1Q PARCEL 2, ANO AIONG SOUTHERLY LINE OF SAID EXI5TING 3. 00' SIDEWALK EASEMENT, ALONG SAID CURVE TQ TNE LEFT, THROUGH A CENTRAL ANGLE OF 3° 14' 23" FOR AN ARC DISTANCE OF 34. 09 FEET T4 THE PO1NT OF BEGtNN1NG;
THEfVCE CONTINUING ALONG SAID CURVE TO THE LEFT, AND ALONG SOUTHERIY LINE OF SAID EXISTING 3.00' SIDEWALK EASEMENT, HAVING A RADIUS OF 603. 00 FEET, THROUGN A CENTRAL ANGLE OF 5° 53' 08" FOR AN ARC DISTANCE OF 61. 94 FEET;
THENCE LEAVING SAID SOUTHELRY UNE OF SAID SIDEWAIK EASEMENT THE FOILOWING FOUR( 4) COURSES:
1) SQUTH 33° 53' 37" WE5T, 18. 45 EET TO THE BEGINNiNG OF A NON- TANGENT CURVE TO THE RIGH7, THE CEN7ER OF WHICH BEARS NORTH 10° 25' 12" WEST,
2) ALONG SAID CURVE TO THE RIGNT, HAVIN6 A RADIUS OF 479. 72 fEET, THROUGH A CENTRAL ANGLE OF 4` 18' 02" fOR AN ARC DiSTANCE OF 36. 01 FEET,
3) N{} RTM 89° S1' 18" WEST, 15. 45 FEET, AND
4} NORTH 0° 27' 30" EAST, 11. 55 FEET TO TNE POINT O BEGINNlNG.
CONTAINiNG 734± 5QUARE FEET OF LAND, MORE OR LESS.
AS SHOWN ON EXHIBIT" B" ATTACHED HERETO AND SY THIS REFERENCE MADE A PART HEREOF. bESCRIPTION PREPARED BY KiER& WRIGNT CIVIL ENGiNEERS& SURVEYORS, INC.
S
K -
r b
No. ss2
3 z-22.
GARY LAM , ' 6627 aAT
P
F
CA
194
N Y m
ry N Q j O
J '"" Q
N
II ir A K EAS M Nj
3 '
S1DEw W
z
Z
W W
o
EX1S N 31 pM aa4 0 m °
n
6 Q
z
n o
o
J
J\
Q
U
c9
W z ,,
w -' u.' t
w
FQ o, z
w
W ; n N I. 1_ p, !
z p r j
o 0
z w p1 , M U..
n Z
N W r^
cD v!
J
1 N Q
J r o W
z
J J J Q z m
J J
H
J
W X Q
W
c rn
o
r
z
c 1 f
r7
r1 U W
m o0 0
U
I
Q
Q U - a
o Q -- o
co d^-
O m f
E
c C _ I N
J g '
p) J
Z a I'7
tf N
Z
W w
N z "' z
Z
W Q
v v
Q L_ -
o
Na w V
J w o I
W
I
N
3 N
N
m
W
Z
O
I a.
O
Ol.. Y o
X I
I
3 0
dW F- 0 3 - 30
Z
I
W I a a
I V
o I
I
N Z Z
I
o JF,y b/
j,
v
ry a '
I
I aOmwW J- d0 o a
Q
o o m,,, N J
09' 88 M„ O, LZ. OS W o
Q I c cWi" Qa Q
Z
a i??
o Y
V
i
I QILQOO apr U U c
L!1^.J I
I Odaa tn
y
p ica. o
I
b
Z
i
V
O d r\ o
O U o
w
P E
oo S o Oaa. av( N N '
z
N
195
196
ITEM 4. 13
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO SINCLAIR
GENERAL ENGINEERING CONSTRUCTION INC. FOR
CORPORATION YARD REMODELING - FUEL TANK
FOOTINGS, CAPITAL IMPROVEMENT PROJECT GG
21- 13
RECOMMENDATION: Adopt Resolution Awarding a Construction Contract to Sinclair General Engineering Construction Inc. for
the Corporation Yard Remodeling - Fuel Tank
Footings, Capital Improvement Project GG 21- 13
SUMMARY:
On April 12, 2021, City Council created Capital Improvement Project ( CIP) GG 21- 13 Corporation ( Corp) Yard Remodeling to remodel the main building and expand other aspects of this facility. The subject project ( Project) will construct the first phase of a fueling facility at the Corp yard for City vehicles. The Project consists of concrete footings and slabs to anchor the fuel storage tanks, mount fueling equipment, and provide a stable and clean surface on which to fuel City vehicles.
The bid solicitation package for the construction of the Project was advertised on June 29, 2022 in accordance with Informal Bidding Procedures in CA PCC 22034 ( California Uniform Public Construction Cost Accounting Act) and Lathrop Municipal Code ( LMC)
3. 30. 060 and 3. 30. 070.
Public Works received and opened two ( 2) bids on ] uly 19, 2022. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for the project was determined to be Sinclair General Engineering Construction Inc.
Sinclair), with a bid of $ 81, 664.
Staff is requesting City Council award a construction contract to Sinclair for the construction of CIP GG 21- 13 Corporation Yard Remodeling - Fuel Tank Footings in the amount of $ 81, 664. Staff also requests City Council authorize a 20% construction contingency of $ 16, 332 for a total cost not to exceed $ 97, 996.
BACKGROUND:
On April 12, 2021, City Council approved the creation of CIP GG 21- 13 Corporation Yard Remodeling to remodel the Corporation Yard' s main building and construct a fueling facility for City vehicles. The fueling facility will support 24 hour- per- day fueling of approximately 75 City vehicles, including approximately 30 Lathrop Police Department vehicles.
197
CITY MANAGER' S REPORT PAGE 2
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO SINCLAIR GENERAL ENGINEERING CONSTRUCTION INC. FOR CORPORATION YARD REMODELING - FUEL TANK FOOTINGS, CAPITAL IMPROVEMENT PRO) ECT GG 21- 13
The Project consists of minor grading and excavation and the construction of the following concrete elements to support associated components of the fueling facility:
Deep footings and a concrete slab for the placement and stable anchorage of a 5, 000- gallon gasoline tank, 3, 000- gallon diesel tank, and a 1, 000- gallon diesel exhaust fluid ( DEF) tank.
An adjacent slab for the placement of fueling components such as pumps, dispensers and electronic product monitoring.
A ground- level apron on which vehicles can park when fueling.
The apron will provide a clean and stable surface for refueling vehicles and prevent spillage of fuels and other liquids from entering the soil.
City staff prepared the plans and technical specifications. The informal bid solicitation package for the construction of the Project was advertised on June 29, 2022 in accordance with Informal Bidding Procedures in CA PCC 22034 and LMC 3. 30. 060 and 3. 30. 070.
Two ( 2) bids were received; both determined to be responsive and responsible. The bid results are summarized in Table 1 below:
Tab/ e 1: Summar of Bid Resu/ ts
Contractor Total Bid
Sinclair General En ineerin Construction, Inc 81, 664
Westside Landsca e and Concrete, Inc. 92, 874
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is Sinclair. Staff requests City Council adopt a resolution awarding a construction contract to Sinclair in the amount of $ 81, 664. Staff also request City Council authorize a 20% construction contingency of $ 16, 332, and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 97, 996.
REASON FOR RECOMMENDATION:
The proposed fueling facility will support the City' s safety and operations. Approving the contract with Sinclair will allow for the construction of the concrete to support the fueling facility, and will allow the construction of the next phase of the fueling facility to move forward.
FISCAL IMPACT:
Staff requests City Council award a construction contract to Sinclair in the amount of 81, 664 and authorize a 20% construction contingency of $ 16, 332, for a total cost not to exceed $ 97, 996. Sufficient funds were included in the adopted Fiscal Year 22/ 23 budget to fund the construction of the Project.
198
CITY MANAGER' S REPORT PAGE 3
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO SINCLAIR GENERAL ENGINEERING CONSTRUCTION INC. FOR CORPORATION YARD REMODELING - FUEL TANK FOOTINGS, CAPITAL IMPROVEMENT PROJECT GG 21- 13
ATTAC H M E NTS:
A. Resolution Awarding a Construction Contract to Sinclair General Engineering Construction Inc. for the Corporation Yard Remodeling - Fuel Tank Footings, Capital Improvement Project GG 21- 13
B. Construction Contract with Sinclair General Engineering Construction Inc. for the Corporation Yard Remodeling - Fuel Tank Footings, CIP GG 21- 13 199
CITY MANAGER' S REPORT PAGE 4
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO SINCLAIR GENERAL ENGINEERING CONSTRUCTION INC. FOR CORPORATION YARD REMODELING - FUEL TANK FOOTINGS, CAPITAL IMPROVEMENT PROJECT GG 21- 13
APPROVALS:
s Z l _ Z2
Steven Hollenbeak Date
Assistant Engineer
Zt 2Z
Ken Reed Date
Senior Con tru n Manager
a ao
Cari Ja Date
Direct f Finance
7• 27• ZoZZ
Michael King Date
Assistant City Manager
z — - v
Salvador Navarrete Date
City Attorney
B- Z LZ
Ste en J. Salvatore Date
City Manager
200
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING
A CONSTRUCTION CONTRACT TO SINCLAIR GENERAL ENGINEERING CONSTRUCTION INC. FOR THE CORPORATION YARD REMODELING - FUEL TANK FOOTINGS, CAPITAL IMPROVEMENT PRO7ECT GG 21- 13
WHEREAS, on April 12, 2021, City Council approved the creation of Capital Improvement Project ( CIP) GG 21- 13 Corporation Yard Remodeling to remodel the main building and construct a fueling facility for City vehicles; and WHEREAS, the Fuel Tank Footings portion of the work ( Project) includes the construction of concrete footings and slabs to anchor the fuel storage tanks, mount fueling equipment, and provide a stable and impervious surface on which to fuel vehicles; and
WHEREAS, City staff prepared and distributed the plans and technical specifications for informal bid solicitation on ) une 29, 2022 in accordance with Informal Bidding Procedures in CA PCC 22034 ( California Uniform Public Construction Cost Accounting Act) and Lathrop Municipal Code ( LMC) 3. 30. 060 and 3. 30. 070; and WHEREAS, a total of two ( 2) bids were received and opened by Public Works on July 19, 2022; and
WHEREAS, upon review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be Sinclair General Engineering Construction Inc. ( Sinclair) with a bid of $ 81, 664; and WHEREAS, staff requests City Council award a construction contract to Sinclair in the amount of $ 81, 664 for the construction of the Project; and WHEREAS, staff also requests Council authorize a 20% construction contingency in the amount of $ 16, 332 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed 97, 996; and
WHEREAS, sufficient funds were included in the adopted Fiscal Year 22/ 23 budget for CIP GG 21- 13 to fund the construction.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract to Sinclair General Engineering Construction Inc. for the Corporation Yard Remodeling - Fuel Tank Footings, CIP GG 21- 13 for a cost of $ 81, 664; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 20% construction contingency in the amount of $ 16, 332 for a total cost not to exceed $ 97, 996 for the construction of the Project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project. 201
The foregoing resolution was passed and adopted this 8t'' day of August 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 202
ATTACHMENT
SECTION 00500
FUEL TANK FOOTINGS, CIP GG 21- 13
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
CONTRACT
This Contract, dated August 8, 2022, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Sinclair General Engineering Construction Inc., ( Contractor), whose T payer ldentification Number is For and in consideration of the following covenants, terms and conditions, City and Contractor (the parties) agree:
l. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.
2. General Scope of Project and Work. Construction Documents for Corporation Yard Remodeling - Fuel Tank Footings, CIP GG 21- 13 ( Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to excavation, grading and construction of concrete footings, slabs and curb with rebar and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 20 working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: $ 81, 664 ( Eighty One Thousand, Six Hundred Sixty Four pollars)
3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference i. e. Project Specifications, Project Plans, addenda, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by Sinclair General Engineering Construction Inc. on July 19, 2022. 00500- 1
203
SECTION 00500
FUEL TANK FOOTINGS, CIP GG 21- 13
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
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 arder 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 not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its 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 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 of this Contract, or arising thereafter.
00500- 2
204
SECTION 00500
FUEL TANK FOOTINGS, CIP GG 21- 13
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
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 of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason 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 of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' s default of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on- going obligation of the Contractor under the Contract Documents is the Contractor' s verification that all Subcontractors, of all tiers, are at all times during 00500- 3
205
SECTION 00500
FUEL TANK FOOTINGS, CIP GG 21- 13
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
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 Labar 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 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 Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates the following:
00500- 4
206
SECTION 00500
FUEL TANK FOOTINGS, CIP GG 21- 13
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
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 enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CTTY, 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 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.
00500- 5
207
SECTION 00500
FUEL TANK FOOTINGS, CIP GG 21- 13
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
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 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 Section 00700 - S. IA.
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 of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
00500- 6
208
SECTION 00500
FUEL TANK FOOTINGS, CIP GG 21- 13
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' s Bid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s ability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
12. Assi 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 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 00500- 7
209
SECTION 00500
FUEL TANK FOOTINGS, CIP GG 21- 13
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
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 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
City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
209) 941- 7430
FAX: ( 209) 941- 7449
ATTN: Senior Construction Manager
To Contractor: Sinclair General Engineering Construction Inc.
Phone:
Fax:
ATTN:
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. 00500- 8
210
SECTION 00500
FUEL TANK FOOTINGS, CIP GG 21- 13
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
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. 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 or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day.
00500- 9
211
SECTION 00500
FUEL TANK FOOTINGS, CIP GG 21- 13
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
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) 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 ll738, 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 CTTY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
00500- 10
212
SECTION 00500
FUEL TANK FOOTINGS, CIP GG 21- 13
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
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.
00500- 11
213
SECTION 00500
FUEL TANK FOOTINGS, CIP GG 21- 13
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
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 FOR •
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
B y:
Michael King, Assistant City Manager
APPROVED:
B y:
Stephen J. Salvatore, Ciry Manager
00500- 12
214
EXHIBIT A
SECTION 003UQ
UGL TAtVK FUOTINGS, C1P GG 2I- 13
CdJI CCAA i iFORAIAL BID St3LICITATIOI BIn PI2flFt?SAL FORNIS BYU I' RC1P St1L E' C33 IV1S
City of Lat ar
39 Towne Centre I riv
Lathrop, CA 95330
ATT ITIC} N: Public V c rks L} epartment
OR: FU L °°'"Ai' ' C`' IN, CI1' G 71 13
TI-IE U 1I l: SIGNET, AS I31I DER, I- REI Y ACiR S ND I) CLAI2ES TI-It1T:
L€: A '{ 1 L1Ai E
T' ll anly ersc ns oi• parties interesEed in this Bid as Pl-incipals are tht se n med herein; t at this 3i i r ac e itl c ut collusioa7 t rith an atl er p: rs, firn, partn rsliip, c rpc ration, or associatian; t t l e l as c r full}r
examiti d the It catio aft e} rca c sed ,- ar' a d tlle Col struciion D c amenis; and l e pro. s 4 nt agrecs ila t if t is I id is acceptcd l e« ill c ntract u it a tl e Ci} c f Lathrop, in tl e fc o; 1 C ntr t as sei f r l in t} e Ct i str cti x Docu ents fc r s i } roject, to prc z=ide all t c ecess ry a rr, ser iccs, inatcrials, and c ttipn ent, ar d t a dc alt il ork and fur ish all t( e n3 terial, a tl t he vill ce t in f ull paym nt th r' c re t1 price s r o d in tl FolJor i Bi cl e; ciule.
5} L, } F'' R C:
l p icabl: ei` tit fees, licensin cc sts, sales ia;, tate, an ilor Fed r l, and any otl er iaa s, paten r; l t, c r i-ayalties are i clu l: d in the ric s ted ir t e Bid. It ' lank spaces rt7tlst be i11ed in.
B 15 ' .' dl
Tllc asis ( t r t rard of tl e contract t i11 Ue the tot 3• ice c f i?3e base bic1. Tlle ity of Latl7re p eserres t e ri lzt to. ti ar oniy t1 e vork cot ten i tee b} r i ly tl e F3 se 3i, ar none o' tfte or.
OU 00- 1
215
i
SECTION 00300
UEL TANK 00' I' INGS, CIP GG Z1- 13
CUPCCAA W ORNIAL BID SOLICITATlON BID PROPOSAG ORMS
FUEL TANK FOOTINGS, CIP GG 21- 13
BID SCHEDULE
BID
DESCRIPTIQN QUANTITY j''
UNIT
ITEM COST
ITEM CUST
i Excavate Footings/ Slabs; Minor Grading 1 LS
2 PCC Footin s forFuel Tanks @ 12"
13p SF
Dee r tlian Tank Slab QS.( 3' j Z 3
3 PCC Tanl: Slab @ 6" Deep 93 6 S F
z5. Z 3 4 •
4 ACC Equipment Siab @ 6" Ueep 318 SF
25 ? 95. C4
5 I'CC FuelingAp vn@ 6' Deep 546 SF
2• 3 (v5D •Cl
6 PCC Footing for Eqaipment S1ab @' x 12" 3 7 LP
ZZ W
7 6" x 6" PCC Perimeter Carb on Tank Slab l30 LF .
7 r' A. tn: Sl. t t y.bt
T T B . E,,, o,,,. n s,x , s dol1 S
ao3oo-?
216
SECTION 00300
FUEL TANK FOOTINGS, CIP GG 2I- 13
CUPCCAA INFORMAL BID SULICI' I'AT10N BID PRUPOSAL FORA[ S INFORMATIfJN REQUIRED OF BIDDER
The Bidder( Contractor) shall furnish the folla ving information. This information is considered essential in enabling the Froject Manager to determine ifthe Bidder is experienced in similar types of work and if the Bid is based on a careful study of cnethods applicable to the work and full realization of the various factors which may affect the progress af the work. Fai(ure to camplv with this_re uirement mav render the Bid non- resaonsive and mav cause its rejection. Additional sheets shall be attached as required.
BIDDER' S INFURMATION
I) Bidder' s name and address:
r- L,. n t+r . r,c..
P, t. x t tS3 (` Cw , c,' QL
2) Bidder's telephone number: Z09- 8 1- t t C tl
3) Bidder' s fax number: LQ' - B"- Co10 t
4} Bidder' s Contractor' s License ( CIass): },
License No.: 8t bq3 A' tc000ar--
Expires: to t 3} t ZDZ,.;
5) Person who inspected site of proposed work for Contractor' s firm:
Name: r.s
I a Date of I nspection:
6) List 3 projects of a nature similar to this project:
Project Contract Name, Address and
Price Telephone Number of Owner
vc. E. r+n ., a a o.,
19333 `' e ns c n
4a cccssor. 3: idins r , ' 3CiO r ' t+dus i Sl n
r G4 I - 9 - t7
ChiC.tsr Gh C. Si* D
t, CS$, D6b• okxt} E. q(ct C.R n S suc iQr, , n.
NdrMinisjra.; an B lc y t9 tb, e. mo. o wa`(
w S 3' 7
n Deve pmon flCShO, ie n 1' n. Q, i`
fiav)f ii LtiC. D. Q) 1? bl W- UY1Ct' Ch 1 S i} c D
S n C{ 2oFil ` 73!! 0
003 0- 3
217
r
SECTIt. I 003U0
u: t,, tvx uartrtcs, cir z- y
CU' CAA I1+i QYtitTAL ID SIf31> ICiTAT10N BiD F' ROP05AI. TORI4] 5 List of S b€ n#rac ors;
The Bidder s} a11 list belati the name nd business acidres c f eac subcontrac or tho will erfort l vork under this 3id in excess of one-halt' of c ne percent of he Cot tractor' s Tc tal Bid Price, and s1 a11 a3so ( ist tl rtit n of the '( R. whi h « i11 b dQne 3 y suc su cos tractor, in accordance itl Sectit 1 17 of tEle I' ublic Cantract od. AfYer E e opening c f bicis, no c lan; es or ubsti# utior s i='ill be allot ed xce a oth rw e
prc vided by la. ' he listin of n or th n ane
subcontra t r for e c: t itern c f e c rk tc be per#`c rm d vitl the rords" r d! t r" r i l nat be perr, itted. l ailure t c nply with Elyis requirement ma} r nder tlxe L ic1 nc n- responsive and rnay cause it rejectic n. Sl ouls! tl e Gnntracicsr ravicie a bid tf at does€xat rec uire a s bcottirt ctc r, tlie Co tractor s all rlt ie Iti t vn illis pa e by rri in; :` Not A licable" iT the list belc t. t a r# raciar
Li ense erce[ c4 of
Q° ta I fc rm c3 Nu n ier a l Cantract e bcc ntr<estor' s tt': me Ac3t ress n3 0 _
s. s
h'ote: Attacl L. lditic nal siieels if re c ir cl.
0 3ti0-
218
r
t
SECTION 00300
FUEL TANK FOOTINGS, CIP GC 21- 13
CUPCCAA INFORNiAL BID SOLICI7' ATION BID PRUPOSAL FORMS
ADDEIYDA
Bidder acl: nowledges receipt af the following addendum( addenda):
Respectfully submitted,
tJi c.., f Z.DZ.Z
C,,_+...M1L.
s •
t4.- tfw« tt i2+.' i t G"k. ,, s f
f,I,C S7'' .! [.
Dated — Legal Name of Firm
Si ature of uth rized R prerentative
Seal)
If Bidder is a corporation, shaw State in which incorporated.) l JS s s`— _ y-___ t9F
The fuIl names and post of ce addresses of all persons and parties interested in the foregoing Bid as principals are as fallows:
NOT( CE): Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer, and Mana er, and in case of parEnersliips and joint ventures, give names and Post O ce addresses of all the individual members.
TL'- ` 11, r/" L. "'
ar:=i"'
R"'.'„' . J' i' r l
L N- i
ri7.. 3
a....-
rr i"}t-•.yL./. 1ls rL st
r
00300- 5
219
s crzorr oo ou
s,r,r Foor ear r.c:. a
CUFGCAA 1NFORMAL$ SD SOL1ClTATi(] N BTri YSt7PD5Ai. P( IRFKS X33Z} EI$'S tA
fi1Cl AL., Y
THA'I' V1L_ n. 1 ir , n. r 1 F,,n in grfn CQns au i3an,, minc. ss pl T 1PAL, and swcss za ca o st to r , a s c c.o oan cat as SURETY aelcf, anci futtily bond unto th City of eu thc pcatial suna of TF:N k'ERCEI ST( lt}°/a} t F T#iE Tt3TAI. AMOUNT' t)F' I HIi) oP ih Pziricipal ataav n ancd, subaiit4rzi by th Princi l ta tho Ci: y
nf for ti e worlt dc,vcribed b lcew, for thc payment
ofwhi h sua; zn I wfu? mnnoy ai the United s , r ll ui iruly to hc zna€la t t ec City ofI athzap to vf icda he bid wa subarzittrA3., bind oatt^, tvcs, aur heirs, c cceutc3rs, tuimisaistzstt.°' a aaxi succe, jaini y
sever lIy, ly by tho ts. 1ze nc 1 Ehc iiahility o the
s
rciy h r th s an f% of Ars o; t of i
Ci i i31'I'I£)?V]°'# tS O F, E 5C3Pt' Z SCl ,
I* T, = S, tkus Pr i l submitted th a vc mcntioned bid ta iha ity of Ls pr ' corestrucii sn s ' caldy rF : ted s foi;, for w ictr bid aro to be og cttci t ti e Ptab3ac o Z? e . t 39( 3 T° na C. Drive, , Ct: N'K t s, f
i.
I`dCl i','i' a`€ 3 , ' sf t re Frir cipal is w iccl th caa# ra t and evithin# ha ti nc atid ec t t{ . us: t? sp c'sficatious, r the ps s; ri f rrm i t him fcar si cntct into `# icsa co, ct in t c p , fc a, in uard uc w's# t the bid, d fi3ts 8t o t with the C".it.w, anv tc gu,:- ar ice fai ', f aaace, anci the o#her! o ttc jar ymcatt
f r! r d ma ' , a x s uircd by 3s; r, l zcr=tittis ahiig# a u shail I c nutI vazcl; othcswis, it 1 b i:r faa l ft ce.
3{} 4-b
220
s c r 3c;n
SEI, T NX Pt}OTINC*S, CIl Cit; 33- 13
C.`t' t.'CAA TPtNCiRMAL EID& OIdC: TtATiflN SIi1 PILU YSBAL fQRM9 i Wl S I2E4F, v c hava; eunf stt o sr h s a d sc s ott ih4s,} L day af 2 '"
Sincials En
52.° tte m c,+:r r M1rtc cz neoar. ttflta
C
t
F
c}
sy :: t. a rri+-.:
f) S])
s. YC: SS:,, x$ SnL+t S Sth,f gp. 4 h_ A___ tS. = ecn A; e. kx Sti. x n 5,. . 93361 sccs z. YtA. 9 I i
1 ICl' I?: i zts,€ f#ht}sc cxecutin for thc surety mus# ba ptepcsly o r3 ci Gd, tl€7 C3-?
221
SECTION 00300
FUEL TANK FOOTINGS, CIP GG 21- 13
CUPCCAA IIVFORD9AL BID SOLICITA'1'[ OP1 BED PROPOSAL FORNIS
NONCOLLUSION AFFIDAVIT
STATE UF
ss.
CUUNTY OF
t, ,, c._,a,.,2_ , being first duIy sworn, deposes and says that he or slie is tvt- C- xu.. AL
J-? t,, of,,,. I e party making the foregoing 6id
that the bid is nat made in the interes# of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sharn; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectty, sought by agreement, communication, or conference vith anyone to fix the bid price of the bidder or any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interes#ed in the proposed contract; ihat 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 hreakdown thereof, or the conlents thereof, or ciivulged infarmation or data relative thereto, or paid, and will not pay, any fee ta any corporation, partncrship, company associated, organization, bid depository, or to any member or agent thereof to effectuate a collusiv sham bi Si ature of: Presiclent, Secretary,
anager, Project Manager or Representative
Tlte County of S S C+. g
State of ` N\ Cn
Subscribed and sworn to ( ar affirmed) before me
on this day of J- 022, by
7 S1, t.' 1. c
proved to
me on the basis of satisfactory evidence t e l g ___.
person( s) who appeared before me. Et)GAR 0 Gl;fVar,
Nolry PVh it• Ca` it
a...' Sta is. e_ s{ o,. nty
i'. y:% C0-^ if5! n= 2157995
Seal My Comm. Etp res,Nov 20. 2622
Signature
00300- 8
222
SECTItJ1 1 0 30{}
F JEI. TANK FOOTINGS, C[ P GG 21- 13
CtJpCCAA INFORit1AL f3ID SULiC[ T' i"ION 13Ill PRC} Pt) SA[ F"ORA1S PiJ$ L C QI C' I'RACT` 3L1+ T# N IOlEa2 ( L1ES' I'I{ I NF[ E In accordance witl Put lic Cantract Code ection 10162, tt3 Bidd r slYall ct mplete, t nder penalty of pe jury, the fc llc in uestionnaire:
I-Ias tl e Bidder, an} c ff'icer t fthe Bidc er; r r
any er7 ployee c l the 3idder, ha has
a ` o
rietary inierest i the Biddcr, e, r be di c; ualified, removed, or catherwis revcnted from bi din; c n, Qr cc mp e in federal, state, c r 1t c I gorternm nt rc je t b cause af a iotation c lati s t r a s fety regu atian'? res
ern,..,.
ftl e answer is y es, explain the ci- cur istai ces in tl e folit ti g space. ffi e .+ ll
t
y
4 i{..i4, 4P Vf+ l r l.' 1` Lr 3J.'§ T
I a cc rc3 nce itl3 I' ublic Car t.ract c de ect 32, t i c r tr<c€c r h r b}` stat der t= f arj•}, tl at nc r tha c3 e f 1 a-; s. za l. n in c f co t tt t f cc rt h} a e Yt c r » s be z iss e irssi t] e a€ ac r fit1 l e m t iat l` precedin t zca year p ri d b caus f#h c+ntracEc r' s t ilure t;; t pl r
itC n order c f a federal eourt vhi l arders
l e t ti tc ti tc t m{ y dri an rc er of t} c ier tic l L ic r I el t c ard.
C`': Tl abt v t t nle t nd ( ues ic r aire ar p
tri of Prc o l. i, i ir Yhis
prapc sal al fih si n ture p
r i n tl e rec' s( all is cc nstiiute si n i€ e flf this t t x zent a d Q tionnair.
I3idders are cat ti i i tl at r akir. f ise ceriilieat s z r!° ibiect t e c rtifi r to c i niy al prQ ecuti4- n.
NT3 O' E" T' I i'}
s,.
O l i4- 9
223
s ss ca oRa° so, u r ar s
3WI45 RE CO Yf3RATE 9C} LUTICSN3 Alvf' A1 A TN9 CE CORf'C3RA'£I{i'.d FJ C/ A N{3I2'1'fEAMF?FtI Ari 3PSi'.IALTY INSIJItAI*ICS t; hfl'AN'Y( TM: 3ftC9AIC" swsss An ct sn soLzrrzaxs n xcE co o r,.rar x t a, af c r+ox vn c rrni, nvsvx rrcEc csPrc fii P4 C` AT'Tt'lRI` Y
CNOW AI:I. IiY ['F E.4E PR S Ri'S, THA'' RC9AlC, a sau duly organ' and ' ` g anrier lawa nf We of ' ui, and
Hsviag i principal o#'sce' stt the City ofIiansas ity, tvli sesuri, and SRC9PIC, a corpara#ioa orgauized aud' tsting uadez t#ae isrvs oftb.c Stata of M' sta i d lt vvi gits riacipal office ia thc i2y Sf ac Ci#y, ' cssui, eac3x d by , ' lzz4c, attd ap roint; sc a e stv. rt;t t v, ut a tc$ t c a, erort v r.=., s rF z. ru, st aacs JtY74Tt. Ya Y
Ita trv snd fw A a}'( a} inF et, in ccutc, scal snd t cliv r, for n:ta ota i#s be3aalf aa s`t ct and ctti, bonds or ntha writi sg,s obiig tary i the na of a boad ac bcbaif of e ch af aa4d{ ompa aiea, as aurety, on en acts o ip as xro or may hs sequirtd or gcrmittcsi y law, rc rn, sz . c r othsrwiac, g vidcd that ncs bcsnd ar uud ' $ or ccrntract or su,zty sizip urs 3cr# his a: a acsrs`ty ahall exce d thc amssuai caf-=
r r. ic (, o, 00. o} a.
i'.is Paw af t'. m yy is ttr,id d is igaa« t b3+ ' ila un8 r d y t uitaority of the` saito ' $ lr ti sae aciopt« i
tsy th oards of
a sar cs boih SFC Ai aud 31t SPdC ai mect nge duly oa11cc9 er_d hctd a i 4' af3 f y 2t332:
sC3L , t aat sny fwo of?ba ' d t any ' g D ta, any Scrior Vi ` at, ''# ce Prc.ssci F, i€sn c or axzy Assistaat y
b d ar y of tb hexeby; s, orized to rac s wer c;€ A nsey q° ' " g tfsA ' aamcd' ta t sa giv Powrr aF A ys a c: u or alf o th Ccstpoisiia bou s, und ' gs and l s of ' , snd thaz eac. t a r aay of thcm ac: hy i a=sthoriz d tn 4c ths e a:titsu cf asy suc P af A cy s d to aftach ` s: 3 afthd t;'.ozp +' n; it is 1`°:i SflI, , that eignatu.re of uch oi c.ers an tha x 1 c ae Curl: nm i y he I' ax l to sy I rr r c f S amay tsr# o
xaq ' cat to3 ' t reto by im1'Cc, anc y
Pawer cafAtta s r r,. r, i5cate b ' f i ' e aigns rn° fac mile x al shall he b di::g
u n tIx t}:k at so a!' ixez3 nd in the fe evit. ra rcl L yl c szd, c. kirsg r ce a i sct of ds: r ty taa w•hich i##s attxched," t,-•.,._,
DlU7J ," oiur'"''. a+"'$ yc,
Kr F'; J S'keP ta SA niC b'k^a i acPtiR47PIC: t
1'fs lj+
fi''°& 9
S Al.= S A
s 1A73 ' h. a". yr
s sc+?`',, a
y;: ssol?'.`••.$
tg' s u a a t 4r c . e t € c s' = s,'
e y„,., ae*ar w'** a. uw++'"+
Zn7 ` c?.? W F, Rf:. ASC s s2 S SFtC vv a z ' c f r.i zt r ° i s:' z Mc r:;; c'u^.:- s t io tr sigsaai Eap tar',r aa
ra tt; s____, da-;_ s. a
xkte orp r te9ntuii s ris c ur sce" a gaarat an
5Pacc afl'ii ots 6 g Em orgso mm; e Qtsat€ zs E' r fl r dn csaaace mr zsz atS, s Couu2y af cr
E d ay cf 2D? h ma, a l
fszy ` p
aocal3 . r P.n 3an. , Cttioz V" Pc s' sf 31? C' 31 IC
ac€". ior ir fr f S tCSF' 1C snd{', rsal. ski, V'scts P, sid nt nfSR. AIC sad ie Pr sid t caf SI' CSPIC, Pc cmalPY nc rn ta ma, w#so by nsc tt i} ctz, 1c geal lhst they ' c ti a of tt raey as af anc# t;sid' t W be t2a roluntaay ad r f ivc ' c.
Y # A l
Oifi{ tL4A4
F
j ` y/ etwM+e. SUHa%+ f
r: t
t,' b+' . C1 Gt ilYCisnk a+[ a 3 1` t - y- r.-
jt 7$ 23
X la., ES2Ct1 4r@t8. ry+ ...
Y, Jo i€sl , th duty s? tcd ' V'sce lt e t _ a9' S SASC s. zi SRCJPIC, c6a h et+jr srstify that thc tzk.° c t'c regomg is a Fa Fs cr of A omney trY a id zd 9RCS iC, w ica i sti3] iu 6u21 T IN WT' Pt"E53 OI, I have e wy ei ti; ts f c ' t of .+; . 2fl zs . a- rF:;"
3tf' rey Go Souior Vica 1' t sidati
4 of SEt AIC aud
SRCSP2C
224
CA, IF{3Rl t"iA AI,.,»PYJR.' d SE. C CNO E G . . l' I'
P, n_
notary ublic or other Q cer cc,+npleting this certificate ver es anly the r`dentity of he individual wha signedthe r trcument ta which ttris certiftcute fs altuch r and nol t1a tr- rthfulness, trc ttracy, ar vralldf#y ofthat document.
State of CAI TC't RNTA
CQunty of E NQ
4n ' uly t , 022 b fure me, Christine get'akos, T T' I'ARY PLJBLIC, personaily appL. c ed 5 dney Ni. l, pmved to mc e: th b si of s iisfsc ry evidence tc b; the persort( s) whose natn( s} is/ are subs ribe f zo the wiEi in inshument and acknowlec ec# ta me t af hels3 c/ they execut d th s
i. his/ ficr/tt eir authorized cspsci y{i, s}, and th t by iaisJherf# h i: s gt ature{ s) a the uss amen# thc p rso{ s), r r the esatity upc n b lf af whi€:? thc gec} cted, cxecuted the instr mment.
I cert fy und r th £ a I..T OF PERJURY under thc isws of th Sta#e c f Califomis t17 t t fc: e r pa a raph as tzu r nd cot° ect. d
r ,
tt i nr aacerxx
tSS ny h; d nd o c al seal.
rac; ary Pub a• c:€ ecn, ta
fersno Css mry
Gnmmis5lon 233d627 t
aty Crs r:a. E ires Jun 3, 2{ 25 1., 1 j;"- f :
t- '
a.... E,..
Si r c fNofary
m. r. ---
I` ugh the d# be, vwr zs r.oi require by l w, it a y
r€7v v Iusb e tc per s: zs r 3yi cs: the c3ocume t nc s; auld prev; nt r r3ulent r stt, rz. eni csf his f r a.
I
t`iC' i`' CL II f; l3 B t' Gt'd' i I:? k"`; I i C3 r °€ CI,. 1` l3 IDN. i t3AL
C.' ORPQRA7g F` I;;:€
E
I IttTNER{ S) LTMifi i?
1 TTC? R1+ EY- it I-F T
TRUS'TEE{ S)
UARI 1NtCC3I S RVA, aflR
I' 3ETL
filCr R IS REPRESEI i' G:
l.i 0 PERS hF{ S} C R ENTiTY{ IESj
c- x 2a{}, vo;
225
CAI. IFGRNIA ACKNOWLEDGMENT CIVIL CODE§' 1189
A notary pubtic or other officer completing this ce tificate verifies oniy the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of„ 3. I-\, t, 1... S
On ..}.., \. A2Z before me,{ . U.£ V4. t`G. fi3 ir U. a,..!5.
Dute Here lnsert Name vnd Title of ih,. O cer
personally appeared L - '
Name(s) of 5igner(s)
wha proved to me on the basis of satisfactary evidenc o be the person{ a+}whose name subscribed to the within instrument and acknawledged to me tha he executed the same in is authorized capacity( i), and that by hi signature(} on the ir st ument the person(6, ar the entity upan behalf of which the person( acted, executed the instrument.
I certify under PENA TY OF PERJURY under the
laws of the State of California that the foregoing
EDGAR D. GUEYARA paragraph is true and correct. NaWry PubGc-{ a#ifornia i -•+ Stanissaus tounry
COmmVssion z 2257991 WITNESS m y hand and official 5eal. o-'
µy tomm. fxpires Nw 20. 2D22
Signature
Place Notary Sea! andfor Stomp Above Signature of Notory Publrc
OPTIONAL
Compleiing thfs irrformation can deter alteration of! he document o fraudulent reottachment of this form to an unintended document.
Descriptia of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity{ ies} Claimed by Slgner( s)
Signer' s Name: Signer' s Name:
Corporate fficer- Title( s}: o Corporate Officer- Titie(sJ:
p Partner- Limited [] Genera! Partner- Limitecf General I dividual C1 Attorney in Fack Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardien ar Conservator Other: Other:
Signer is Representing: Signer is Representing:
2019 National Notary Association
226
ITEM 4. 14
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT WITH GEORGE
REED, INC. FOR CIP PS 22- 45 FISCAL YEAR 2022/ 23
ROAD MAINTENANCE AND REHABILITATION
PRO) ECT AND APPROVE RELATED BUDGET
AMENDMENT
RECOMMENDATION: Adopt Resolution Awarding Construction Contract with George Reed, Inc. for CIP PS 22- 45 Fiscal Year
2022/ 23 Road Maintenance and Rehabilitation
Project and Approving Related Budget Amendment
SUMMARY:
On June 13, 2022, City Council created Capital Improvement Project ( CIP) PS 22- 45 for Fiscal Year ( FY) 2022/ 23 Road Maintenance and Rehabilitation ( Project) to repair, rehabilitate, and maintain deteriorated pavement citywide. The Project consists of grinding off existing asphalt concrete, overlaying Hot Mix Asphalt, applying Type II microsurfacing, and refreshing thermoplastic striping at the following locations:
Base Bid:
Stonebridge Ln from Harlan Rd to Slate St
J St from Harlan Rd to 5th St
Thomsen Rd from Harlan Rd to 5th St
Alternative Bid:
Prairie Dunes Dr from Pine Valley Dr to Silver Creek Dr Staff prepared the plans and specifications that were advertised for construction on July 7, 2022. A total of five ( 5) bids were received and opened by City Clerk on July 28, 2022. Based on review and evaluation of the bids, the lowest responsive and responsible bidder for the project was determined to be George Reed, Inc. ( George Reed) with a base bid amount of $ 1, 448, 557 and alternative bid of $ 345, 303 for a total construction cost of $ 1, 793, 860.
Staff is requesting City Council award a construction contract to George Reed for the construction of CIP PS 22- 45 FY 2022/ 23 Road Maintenance and Rehabilitation Project in the amount of $ 1, 793, 860. Staff also requests City Council authorize a 15% construction contingency of $ 269, 079 for a total cost not to exceed $ 2, 062, 939.
Staff is also requesting Council approval of a budget amendment transferring 1, 657, 939 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) to support the construction of the base bid, alternative bid, and a 15% contingency.
227
CITY MANAGER' S REPORT PAGE 2
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT WITH GEORGE REED, INC. FOR CIP PS 22- 45 FISCAL YEAR 2022/ 23 ROAD MAINTENANCE AND REHABILITATION
PROJECT AND APPROVE RELATED BUDGET AMENDMENT
BACKGROUND:
On June 13, 2022, City Council created CIP PS 22- 45 for FY 2022/ 23 Road Maintenance and Rehabilitation ( Project) to repair, rehabilitate, and maintain deteriorated pavement on several local roads. The Project consists of grinding off existing asphalt concrete, overlaying Hot Mix Asphalt, applying Type II microsurfacing, and refreshing thermoplastic striping at the 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
The City received concerns from residents on Prairie Dunes Drive about the existing pavement conditions. After evaluation, staff determined that the entire road from Pine Valley Drive to Silver Creek Drive was structurally deficient. Therefore, Prairie Dunes Drive was included as a bid alternative for a full road reconstruction.
Staff prepared the plans and specifications that were advertised for construction on July 7, 2022, in accordance with California Public Contract Code 22032 and Lathrop Municipal Code ( LMC) Section 2. 36. 060.
A total of five ( 5) bids were received, each determined to be responsive and responsible. The bid results are summarized in Table 1 below:
Tab/ e 1: Summar of Bid Resu/ ts
Contractor Base Bid Alternative Bid
Geor e Reed, Inc. 1, 448, 557 345, 303
Consolidated En ineerin , Inc 1, 523, 498 305, 602
Dirt D nast , Inc. 1, 627, 441 289, 721
United Pavement Maintenance, Inc. 1, 753, 709 331, 318
Mountain Cascade, Inc. 1, 758, 696 266, 218
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is George Reed. Staff requests City Council adopt a resolution awarding a construction contract to George Reed for the base bid of $ 1, 448, 557 and alternative bid of $ 345, 303 for a total amount of $ 1, 793, 860.
Staff also requests City Council authorize a 15% construction contingency of$ 269, 079 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 2, 062, 939.
228
CITY MANAGER' S REPORT PAGE 3
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT WITH GEORGE REED, INC. FOR CIP PS 22- 45 FISCAL YEAR 2022/ 23 ROAD MAINTENANCE AND REHABILITATION PRO7ECT AND APPROVE RELATED BUDGET AMENDMENT
REASON FOR RECOMMENDATION:
The existing asphalt on several streets needs to be repaired. These current deteriorating pavement warrant the creation of this Project for the City' s road maintenance and rehabilitation. Approving the contract with George Reed will allow the construction of the project and the resurfacing of the damaged pavement.
FISCAL IMPACT:
The proposed construction contract with George Reed is for the base bid of$ 1, 448, 557 and alternative bid of $ 345, 303 for a total amount of $1, 793, 860. A 15% construction contingency of $ 269, 079 is requested, for a total cost not to exceed $ 2, 062, 939.
Funding for this project was included in the FY 22/ 23 budget; however, sufFicient funds were not allocated. Therefore, staff requests City Council approve a budget amendment transferring $ 1, 657, 939 from the General Fund Street Repair Reserves 1010) to the CIP Project Fund ( 3310) as follows:
Decrease Street Repair Reserves
1010- 251- 03- 00 1, 657, 939
Increase Transfer Out
1010- 9900- 990- 9010 1, 657, 939
Increase Transfer In
3310- 9900- 393- 0000 PS 22- 45 1, 657, 939
Increase A propriation
3310- 8000- 420- 1200 PS 22- 45 1, 657, 939
ATTACH M ENTS:
A. Resolution Awarding Construction Contract with George Reed, Inc. for CIP PS 22- 45 Fiscal Year 2022/ 23 Road Maintenance and Rehabilitation Project and Approving Related Budget Amendment
B. Construction Contract with George Reed, Inc. for CIP PS 22- 45 Fiscal Year 2022/ 23 Road Maintenance and Rehabilitation Project
C. Project Location Map
229
CITY MANAGER' S REPORT PAGE 4
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
AWARDCONSTRUCTIONCONTRACT WITH GEORGE REED, INC. FOR CIP PS 22- 45 FISCAL YEAR 2022/ 23 ROAD MAINTENANCE AND REHABILITATION
PROJECT AND APPROVE RELATED BUDGET AMENDMENT
APPROVALS:
2 — oZ,2
An arca Date
Assistant Engineer
8• 3 ZZ,
Ken Reed Date
Sen or Construction Manager
a-'
Cari Jam Date
Director of Fi ance
8- z- Zozz
Michael King Date
Assistant City Manager
Zt
Salvador Navarrete Date
City Attorney
2 St n J. Salvatore Date
City Manager
230
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING CONSTRUCTION CONTRACT WITH GEORGE REED, INC. FOR CIP PS 22- 45 FISCAL YEAR 2022/ 23 ROAD MAINTENANCE AND REHABILITATION
PROJECT AND APPROVING RELATED BUDGET AMENDMENT
WHEREAS, on June 13, 2022, City Council created Capital Improvement Project ( CIP) PS 22- 45 for Fiscal Year ( FY) 2022/ 23 Road Maintenance and Rehabilitation ( Project) to repair, rehabilitate, and maintain deteriorated pavement citywide; and
WHEREAS, the Project consists of grinding off existing asphalt concrete, overlaying Hot Mix Asphalt, applying Type II microsurfacing, and refreshing thermoplastic striping at the following locations:
Base Bid:
Stonebridge Ln from Harlan Rd to Slate St
J St from Harlan Rd to 5th St
Thomsen Rd from Harlan Rd to 5th St
Alternative Bid:
Prairie Dunes Dr from Pine Valley Dr to Silver Creek Dr WHEREAS, staff prepared the plans and specifications that were advertised for bid on July 7, 2022; and
WHEREAS, a total of five ( 5) bids were received and opened by City Clerk on July 28, 2022; and
WHEREAS, based on review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be George Reed, Inc.
George Reed) with a base bid amount of $ 1, 448, 557 and alternative bid of $345, 303 for a total construction cost of $ 1, 793, 860; and
WHEREAS, staff is requesting City Council award a construction contract to George Reed for the construction of CIP PS 22- 45 FY 2022/ 23 Road Maintenance and Rehabilitation Project in the amount of $ 1, 793, 860; and WHEREAS, staff also requests City Council authorize a 15% construction contingency of $ 269, 079 for a total cost not to exceed $ 2, 062, 939; and WHEREAS, funding for this project was included in the FY 22/ 23 budget; however, sufficient funds were not allocated. Therefore, staff requests City Council approve a budget amendment transferring $ 1, 657, 939 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:
231
Decrease Street Repair Reserves
1010- 251- 03- 00 1, 657, 939
Increase Transfer Out
1010- 9900- 990- 9010 1, 657, 939
Increase Transfer In
3310- 9900- 393- 0000 PS 22- 45 1, 657, 939
Increase A propriation
3310- 8000- 420- 1200 PS 22- 45 1, 657, 939
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract to George Reed, Inc. for the construction of CIP PS 22- 45 FY 2022/ 23 Road Maintenance and Rehabilitation Project in the total amount of $ 1, 793, 860; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 15% construction contingency of $ 269, 079 for a total cost not to exceed $ 2, 062, 939 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 also approves a budget amendment transferring $ 1, 657, 939 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as detailed above. 232
The foregoing resolution was passed and adopted this 8th day of August 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS O FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 233
ATTACHMENT B
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22-45 CONTRACT
CONTRACT
FISCAL YEAR 2022/ 23 ROAD MAINTENANCE AND REHABILITATION PROJECT, CIP PS 22- 45
This Contract, dated August 8, 2022, is entered into by and between the City of Lathrop, a municipal corporation of the State of alifornia ( City), and George Reed, Inc. ( Contractor), whose Taxpayer ldentification Number is
For and in consideration of the 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, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.
2. General Scope of Project and Work. Construction Documents for Fiscal Year 2022- 23 Road Maintenance and Rehabilitation, CIP PS 22- 45 ( 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 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: furnishing all labor, materials, tools, equipment, transportation, and services necessary to perform the lowering and adjusting to grade of utility boxes, grind off of existing asphalt concrete, roadway excavation placement of aggregate base, construction of Hot Mix Asphalt overlay, application of Type II microsurfacing, and removal and installation of thermoplastic traffic striping and markings and reflective pavement markers, including preparatory work of layout, alignment, cat tracking, and cleanup; and performing all appurtenant work in place and ready for use, all as shown in the Contract Plans and Specifications.
The work shall be completed within 35 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, 448, 557
Bid Alternative: 345, 303
Bid Total: 1, 793, 860( One Million Seven Hundred Ninety- Three Thousand Ei ht Hundred Sixty Dollars and Zero Cents)
00500- 1
234
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22-45 CONTRACT
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 George Reed, Inc. on July 28, 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.
4. Compensation. In consideration of Contractor' s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents. Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 4 of the Contract Specifications 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 l5 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, ar 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 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 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. 00500- 2
235
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22- 45 CONTRACT
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 of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason 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 of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractar 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 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/ ar Labor Code Section 1771. 1( d). 00500- 3
236
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22- 45 CONTRACT
Certi ed 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 Labar 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 l 77l. 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) 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. 00500- 4
237
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22- 45 CONTRACT
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 of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated. e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within (5) working days, provide a notice of a change of location and address.
In the event of noncompliance with the requirements of this Article, Contractor shall have ten( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10- day period, Contractor shall pay a
penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict 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 Wark, 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;
00500- 5
238
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22- 45 CONTRACT
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.
5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' s Bid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor; 8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s ability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and
12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
12. Assi n ment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
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.
00500- 6
239
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22- 45 CONTRACT
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination 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 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: George Reed, Inc.
Mailing Address: 140 Empire Avenue, Modesto CA 95354
Phone: 209) 523- 0734
Email:
ATTN:
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.
00500- 7
240
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22- 45 CONTRACT
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. 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 ar conditions, shall be deemed to be both covenants and conditions.
ll) 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.
00500- 8
241
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22- 45 CONTRACT
14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day. 16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California. 17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party. 18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15.
19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT( Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City.
21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City.
Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed. 23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract 00500- 9
242
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22- 45 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.
o _ o..- -
00500- 10
243
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22- 45 CONTRACT
IN WTTNESS 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:
B y:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
B y:
Michael King, Assistant City Manager
APPROVED:
B y:
Stephen J. Salvatore, City Manager
c:
00500-] 1
244
EXHIBIT A
SECTION 00300
FISCA[. YEAR 2022• 23 ROAD 1 tAINTENANCE ANU REHABIL1Tr1' i'IOI i BlD PROPOSAI, FORi1IS CIP PS 22-: IS
BID PROPOSAL FORMS
TU: City of Lathrop
390 Tawne Centre Drive
Lathrop, CA 95330
ATTENTION: City Clerk
FOR: FISCAL YEAR 2Q22- z3 RQAD MAINTENANCE AND
REHABILITATI( 3N, CIP PS 22- 45
THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:
LEGAL COMPLIANCE
The only persons or parties interested in this Bid as Prineipals are those named herein; that this Bid is made without collusion with any other persan, firm, partnership, corporation, or association; that he has carefully examined t e tocation of the proposed work and the Construction Documents; and hc proposes and agrees that ifthis Bid is accepted he will contract with the City of Lathrop, in the form of the Contract as set forth in the Constructian Documents for said project, ta provide all the necessary labor, services, materials, and eqnipment, and to do all the work and furnish all the materiats; and that he will accept in full payment therefore the price as proposed in the foltowing Bid Schedule.
SCHEDULE OF PRICES
Ali applicabte perrnit fees, licensing costs, sales taxes, State, and/ or Federal, and any other taxes, patent rights, or royalties are included in the prices quoted in the Bid. Al) blank spaces must be filled in.
BASIS OF AWA,RD
The basis for award of the cantract will be the total price of the Base Bid. The City of Lathrop reserves the right to award the work contemplated by only the Base Bid, ihe Base Bid plus any combination of Bid Alternates, or nane of the work.
OQ300- 1
245
s c rtoN o0300
FISCAL VEAR 2022- 23 ROAD 11A1NTENA1 iCE A[ tD REHABILITATlON SID PROPOSAL FOR1biS P PS 22- 45
F[ SCAL YEAR 2022- 23 RUAD MAINTENANCE AND REHABILITATION CIP PS 22- 45
BASE BID SCHEDULE:
D
DESCRIPT[ ON QUANTITY UNITS
T EXTENDED
ITEM PRiCE TOTAL
1 Mobilization? Bonds' Insurance S q7 dOp. o 9'IQ(! p c 3 Traffic Control 1 LS 83oaa. 8' 000.
3 Lower and Raise Manhole Covers 76 EA
1 106 4
4 Lower and Raise Valve Covers 63 EA
5 Lower and Raise Monument Covers 32 EA
Remove Existing Thcrmoplastic Mgrkings and 6
5, n
I LS
2Q 685. 00 20 685. 00
7 Grind Out Pavement to 0?' Depth and Dispase 35?, 150 SF a.3
8 Place IiMA( u; 0: 2' Depth, Siogle Lift 6, 250 TON
zo. 00 so oaa. aa
9 Type U Micro- surfacing wa Black Rock 149, 175 SF
Q 71g, 5a
Q
7"hermoplastic Stciping- Caltrans Std. Pln. A'L0,
I 585 LF Detail22 2.4Q 30,204.00
Thermaplastic Striping- Caltrans 5td. Pln. A'20, 11
Detai127B
1, 55U LF 1. 1Q 9, 705. Q0
Thermoplastic Striping- Caltrans Std. Pln. A20, f..
i 3$ 3Q0 LF 1. 5Q 450. 00
13 T6ermoplastic Striping- Caltrans Std. Pln. A20,
Q LF
Detai139 1. 10 29, 997. 00
The rnoplastic Striping- Caltrans Std. Pln. A20,
5 88U LF 4.$0 4, 7Q4. Q0 Detail 39A
15 Thermoplastic Striping- 6" White Line Hatching 2,510 LF 2.00 5,o2o.oa I6 ' t' hermoplastic Stripin- 12" White t Ye11ow L, ine 2, 085 LF 4,00 8, 340. 00 17 lostalt Thermoplastic Ladder Crosswafk wt Z'
640 LF 25. 04 16, OOQ. 00 Run s& 4' S acin
18 Thermoplastic Mazkings( STOP, YIELD,
q7 EA 130. 00 6, 11Q. 00 SCHOOL, XING, AHEAD)
19 Thermoplastic Markings( B[ KE SYMBOL, BIKE
68 EA 90• 00 6, i20. 00
SHARROWS)
20 Thermoplastic Making- Type Ill Arrow 6 EA 175• 00 1, 050. 00 29 Install Blue RPM @ Fire Hydrant 20 EA 10. 00 200.00
TOTAL BASE BID: I,' y 8 5 S 7, O
TOTAL BASE BID iN WORDS: a r rr,', ll" a w r w ,,{- 4. e; 1.' h vaSAM. : ve 1n v n a r,J -' rf'-f' Q' ` fe' °
nn ce,- oa3oo246
SECTION OU304
FiSCAL YEAR 2022- 23 ROAD h1AINTENA1 iCE AND REBABILITATION BID PRdPOSAL FOEL4IS CIP PS 22a5
BID ALTERNATE 1: BIZZIBE ST./ WARFIELD DR
C
DESCRIPTION QUANTITY UNiTS
UNIT EXTENDED
1TEM PRICE TOTAL
1 Traffic Cantrol i LS 64,000. 60,000. 00
2 Lower and Raise Manhole Covers I S EA •
3 Lower and Raise Vatve Covers 13 HA rZ d'• d
4 Lower and Raise Monument Covers 10 EA 2,000.00 2d,000.00 5 Remove Existing Therrnoplastic Markings
1 LS 3,5. 00 3, 500. 00 and Stri in
6 Grind Out Pavcment to 0. 2' Depth and
17 930 S' 0.40 47, 172. 00
Di ose
7 Place NMA 0' Depth, Single Lift 1,' 750 TON 1' z 2d8`. fl.00 g '
i' hermopiastic Striping- Caltrans Std. Pln.
8j LF 2.40 2,04Q. 00
A20, Detail 22
9 Thermoplastic Striping- 12" White
3 4. 00 1, 224. QQ
Yellow Line
10 Thermoplastic Markings( STOP) 17 EA 14fl• 2 380. 04
1 I tnstall Blue RPM @ Fire Hydrant 7 EA
TOTAL BID ALTERNATE 1: S
4 fl91 fl
TOTAL BID ALTERNATE 1 IN WORDS: Four Hundred Thirty Four Thousand Ninety One Dollars and Zero Cents BID ALTERNATE 2: SUZIE O. LN.! ORLANDO LN./ EASY ST./ EASY CT./ HUNEY PL./ ARIES PL,! EASY ST./ AZTEC LN.! MINGO WY.
gi
D SCRIPTION QUAIVTITY UN1TS
UNIT EXTENDED
ITEM PRICE TOTAL
1 Traftic Contral 1 LS fi5, Q00. 00 65, . 00
2 Lower and Raise Manhole Covers 18 EA
3 Lower and ttaise Valve Cavers 3 EA 1, 700.OQ 5,10Q.40 4 Lower and Raise Monument Covers 7 EA •
5 Grind Out Pavement ta Q. 2' Depth end
34, 523 SF 0• ' ' 3qg ' 61
Dis se
6 P1ace HMA @ O: l' Dtpth, 5ingle Lift 2, U00 TON 140. 00 28Q, OOO. UO Thermoplastic Striping- Caltrans Std.
g50 LF 2.40 2, 040. 00
Pin. A20, Detail 22
8 Thcrmoplastic Striping- 12" whi e
306 LF aA0 1, 224. 00
Yellow Line
9 Thermoplastic Markings( STOP) 17 Ep 140. 00 , .
10 Install Blue RPM Q Fire Hydrant 6 EA 10. 00 60. 04
043Q0- 3
247
SECTION U030U
FISCAL YEAR 2022- 23 ROAD 4tAlNTENANC AND R HASIGfTATiOv ID PROPOSAL FORMS CiP PS 22- 45
TOTAL BID ALTERNATE 2: S a s. 191. 65
TOTAL BID ALTERNATE 2 IN WORDS: Four Hundred Seventy Six Thousand Oae Hundred arid Ninety One Dollars ared i y ive Cents
BID ALTERNATE 3— PRAIRIE bUNES DRN
BID
DE5CRIPT[ ON QUANTITY UNITS
UNIT EXTENDED
ITEM PRICE TOTAL
1 Traffic Control 1 LS 60,000.00 60,000.00
Lower and Raise Manhole Covers 2 A
3 l. ower and Raise Valve Covers 3 EA 1 7p , p 5 10QA0
4 Lower and Raise Manument Covers 2 EA 2,0• 4,OOQ. 00
5 Grind and Stock ile AC Pavement 269 CY
6 Excavate Road Bed 895 CY 60.00 68; 9@:OD 3" 1 6. d
7 Impart 1 Place 5tackpiled Pavement
Grindin s 269 Cy 150. 00 A0, 350. 00
8 Place A re ate Base 940 TONS 7 600. 00
9 Place HMA 4" be th' Z Lifts 725 TONS 150. 00 108,750.00 10 Thermoplastic Striping- Caltrans Std.
Pln. A20, Detail 22 200 LF
2.40 480. OQ
1 Thertnoplastic Stripin- 12" White Stop 4.pp 288. Q0
g 72 LF
Thermo lastic Markin s( STOP) 2 p
140. 00 280. Q0
13 Install Blue RPM @ Fire Hydrant 2 EA p. p 20.00
TOTAL BID ALTERNATE 3:$ 345, 303. 00
TUTAL BID ALTERNATE 3 iN WORDS: Three Hundred F Five 7' hoy d Thrae H ndred an! Three Dollars and Zero Cents
00300- 4
248
sECTioN oo3ao
FISCaL YEAR 2022- 23 ROAD MAIN`I' E1 ANCE Al' D REHASILITATION 81D PROPOSAL ORl iS CIP PS 22- 45
INFORMATION REOUIRED C!F BIDDER
The Bidder( Contractor) shall furnish the following information. This information is considered essentiai in enabling the Project Manager to determine ifthe Bidder is experienced in similar types of work and if the Bid is based on a carefui study of inethods applicable to ihe work and full realization of the various factors which may affect the progress of the work. Failure to comolv with this reauirement may render the Bid non- responsive and may,cause its reiection. Additional sheets shall be attached as required.
BIDDER' S INFORMATION
1} Bidder' s name and address:
George Reed, Inc.
140 Empire Avenue
Modesto, CA 95354
2) Bidder' s telephone number: 209) 523- 0734
3) Bidder' s fax number: 209} 523- 4313
4) Bidder' s Contractor' s License( Class): A, B, C12, C2' i, C32 License No.: 211337
Expires: M y 31. 2023
5) Person who inspected site of proposed wark for Contractor' s firm:
Name: Adam Hanson Date af Inspecti n: 7 26 22
5} List 3 projects of a nature similar to this projecE:
Project Contract Name, Address and
Frice Tele hone Number of Owner
10- 1J1604 Construction on State CaiVarts DOT
GRI Jab No. 20- 5U2 I- NYY 132 in Stanislaus Gounry S3, 086, 325 26 1727 30ih Sfreet, Sauamenta, CA 9581fi near VYateAord g16} 227-8235
ScenEc dve Pavement RehabNitaifon
s. g, 131. 54 City oi Modesio
e __ . ,,.
GEti, Sab No 21- 70 1U10 Tenth Street, Suiie a100, Modesto, CA 95354 ' 209 577-5281
South River Road Rehab & Guarcfrail g3, 818, 211. 77
of YOb
Replacement Project HSIPI- 5922( 155) 292 West 8eamer Street, Woodland, CA 95645 GRi Job NU. 21- 723 nty W xic Qrder No. 461514618 530) 668-8T75 003UU- 5
249
SECTION 0030U
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION BID PROPOSAL FORMS CIP PS Z2- 45
LIST OF SUBCONTRACTORS:
The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of une percent of the Contractor' s Total Bid Price, and shall alsa list the portion of the WORK which wilt be done by such subcontractor, in accordance with Section 4107 of the Public Contract Code. After the apening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing af more than one subcontractor for each item of work to be performed with the words" andlar" will nat be germitted.
Failure to comply with this requirement may render the Bid non-responsive and may cause its rejection. Should the Contractor pravide a bid that daes not require a subcantractor, the Contractor shall note that on this page by writing" Not Applicable" in the list below.
Subcontractar
License Percentof
Work to be Performed Number Total Contract Subcontractor/ Address/ Fhone l. Grindin 256390 2% Anrak Cor ., Sacramenta,CA
916-383-5030
2. Striping 37460fl 10. 3% hrisp Company, Stockton, C
9- 4 - 1 5
3. Micro Surfacin 943792 3. 4°lo American Pavemenf S stems odesto, CA, 209- 522-2277
4. Tack 705296 1. 4% Pacific Northwest Oil,
Stoc[cton, CA, 209- 463- 4762
5. 6.
Note: Attach additianal sheets if required.
00300- 6
250
s criorr ooaoo
FISCAL YEAit 2022- 23 ROAD bIAtNTENA3YCE AND REHABILITATION BId PROPOSAL FORhIS CiP PS 22- t5
ADDENDA
Bidder certifies he reviewed ARC Stockton' s Plan Well far addenda within 48 haurs of bid opening and acknowledges receipt ofthe following addendum ( addenda):
Respectfully submitteci,
O7l27/ 22 Gearge Reed, Inc.
Dated Legal Name of Firm
Signature ofAuthorized Representative
Ed Berlier, Vice PresidenUGenerai Manager
Seal}
If Bidder is a corporation, show State in which incorparated.) a Califomia Corporation
The full names and post office addresses of all persons and parties interested in the foregoing Bid as principals are as follows:
NOTtCE): Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer, and Manager, and in case of partnerships and joint ventures, give names and Post Office addresses of all the individual members.
Mar aret Reed - President Geo e Reed, Inc,
Ed Berlier, Vice President/ Generat Manager 140 Empire Avenue Rosie R. Martinez- Secretary/Treasurer Modesto CA Q5'. ri4,.
Luke de Ga - Chief Financial Officer
00300- 7
251
SECTION 00300
FISCAL YEAR 2022• 23 ROAD ASAINTEHANCE AND RENABILITATIOAi BiD PROPOSAL FORMS CIP PS 22- d5
BIDDER' S BUND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE Georae Reed, Inc.
as PRINCIPAL, and Western SuretV Company
as SURETY are held; and firmly bond unto the City of Lathrop in the penal sum of TEN PERCENT ( 1Q%) OF TFiE TOTAL AMO[ JNT OF THE BID of the Principal above named, submitted by the Principal to the City of Lathrop for the work described below, for the payment ofwhich surr in lawful money of the United States, well and iruly tfl he made to the City ofLathrop ta which the bid was submitted, we bind aurselves, our heirs, executors, administrators and successors, jointly and severally, ftrmiy by those presents. In no case shalt the liability of the surety hereunder exceed the sum of Ten perCerlt Of arl1ou[ tt bid { 10% Of emt bld)
THE CONDITIQN OF THIS OBLIGATION IS SUCH,
THAT, WHEREAS, the Principal has submitted the above mentioned bid to the City of Lathrop for certain construction specifically described as follows, for which hids are to be opened at the City Hall, 390 Towne Centre Drive, Lathrop, CA: Fiscal Year 2022- 23 ROAD MAINTENANCE AND REHABILITATION, CIP PS 22- 45.
NOW, THEREFORE, if the Principal is awarded the contract and within the tirne and manner required under the specifications, after the prescribed forms are presented to him for signature enters into a written conFract in the prescribed form, in accardance with the bid, and files two bands wiih the City, ane to guarantee faithful performance, and the other to guarantee payment for labar and rnateriais as required by law, then this obligation shall be null and void; otherwise, it shait be and rernain in futI force,
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 22nd day o' JuIY 2022.
George Reed, Inc. Western Surety (' ornparty
Seat) Sea1)
Seal) B Seal)
Ed Berlier, Vice President) G. M. Dor n een, 8 - tl'1- F Address: 40 Em Avenue Ad s: 910 Pleasant Grove 120- 347 Modesto CA 95354 „ RDsevilie CA 95678
NOTE: Signatures of those executing for the surety must be proper(y acknowledged.
OQ300- 8
252
CALIFORNtA JLLL- PURP03E ACKNOWLEOGM6NT CM CODE§ 1188
A notary pubHc or otfter otflcer completlng this ce cste veri fes only the( dendty of the individual who si ed tl e docurrterrt ta whk. h this oertiflcate is attactted and rwt the acaxacY or vaAdity of that doc imer t State af Catifomla
County of Ventura
or before me, Nancv Alicia Shiffer. Notary Pubfic
Date Heris lnsert Name and TftJe of fhe Ofhcer
person lly appeared Doreen Green
Name( sj of SJgner( s}
who proved to me on the basts of satlsfactary svidence to be the person( whose neme( is/ara subsc ibed ta the withln Instnament and acknowisdged to me that be/st e/ a executed the seme in i3is/ hed# authorized capacity ee}, and that by wislherlt eifsignaturo( on the ir auument ths person(¢. or the enttty upon behatf of which the person() scted, exacuted the instrument.
I certify under PENALTY OF RERJUAY under fhe laws
of the State of Califflmia that the foregoing paragreph Is true and correct.
WRNESS my hend an fficial seel.
t1ANCYALKfASNIFFER
Nat ry Oublfc• GHtornka
Yenturt Caunty Si ttlf8
Cammission M 2335400 Slgns of ry Publfo
My Comm. Expires Gct 13, 242
Plece Notary Sea! A6ove
OPT/ ONAL
Though ihis sectlon Is optionel, compJetfng thts Informadnn cart deter eltsratTan af the docurnent or fraudulent reattachment of thls form to en unlntended documeni.
Descripti of Attached Document
TiUe or Type of Document: Docume t Date:
Number of Peges: Slgner( s) Otlt Than Named Above: none Capacity( les) Claimed by Signer{s}
Signer' s Name: Doreen Green Signer' s Name: 1a
Corporate Ofticer— Tiiie( a): Carporate Officer— Tftle( sj:
Partner— UmEted O Cieneral P rMer— t Umfted O Generst
O Inciivldual Attomey in Fact O IntfivEdual O Attomey in Fact Trustee Guardian or Cor ervator D Trustee uar sn ar Gonseroator Other. O ther:
Slgner Is RepreseRting: Signer ts Representing:
O20i4 Nadonal Notary Assacietlon• vwuw. Nat n Notery. org• 1- 8- US NOTARY( 1- 60d- 876- 6827 Item N59Q7 253
Wes ern Surety Compyan
Wi. it pi A7" TORNEY APPQINTING INDIVIDUAL ATTORIYEY- IN-FACT t nim, lq fre li•' 1'hrse Psnratx.' 11wt WES!'EIW SUREl'Y COMPANY. South Dakota oaporatioa, is a d lp arg ized and aastimg tarp mtion Ilitlpl: 11( MNMIjM) 1' C NI( Ill'' ky N' Sinux Falls. and State oFSoWh psl.rota, and tfret it daes by viRue of tlrc si nalvrc and se l ba in+a( Y'ucw! h rb. m: c. r x xtnulr a d a{ pa+int
1} nrcen Grrrn, [ ndividuaIly .
uftba arJ.(: A, hs uua and lawlid Aqorney( s} in-faet whh full powrr d autboriry heneby coafeired tn siga, saai ead exaute tor aitd oa its behalf.bunds undrrinL-iagx ma! othrr ubligalwy instruments oF similarnamre t UAT11ZIltBt AII10[ III S—
and to bitM) it WeKby as Pully and to lhe seme extent as ifsuch instnements vvere sigaed by a duty auttwrized ot1'rcer oftbe corporatiai and all tEie acts olsaid AtWmey. PeaSumu to thc awhoriry hercby pjvea a hereby ta ihed and confitmed.
This Power ot Aetamey Ls made and pceeuted putsuaat to and yy a tho ty of Ihc By-Law printed on the reycrse l teoC duly adopted, s indipued, by Ihe stureholders of tlu eocpaetipn, In Witnas Whereof. WES7' ERtd SURETY COMPANY has croe sed tlnse praents to be s gned by its$ eni yia pnsident and its caporace see) to be i ueto afi'acat on this 51h day of February. 20I0.
WESTERN SURETY COMPANY
o y
r
SEA' pu
k OI,
Peui . Btufiet, Seetor Yce Ptrsident
Statc of Sooth Dakota
ss
Caunty ofMianehaha
On this Sth day af t ebnmry. 2010, befo me personally came Pau! T.$ ruflat, to me krrovnt, wiio, beiag by me dttly swom, did depoae and say. Ihat he rcsides in 1he City uf tiicmx l aFh, State a{ South Dak a; that he k Ibe Sa ior Via Pn:s{dent of WES1'SRN SUREfY COMPANY desuibed in uid whieh executcd fl a6urre instrunn.nu; U 6e l;nows the seat oCsdd caporaL'on; d,ac t!u sal ti-uctd a tl e said insuumeot is such corpotatc sal; that ic was so att'tzed pursusnt to euthnrity iv n by Ihe Ooan! oF Directon of said cotporation Lsd thM he s gnod his name theroto pprsuent p p'Gz torj y and aclatowledges sama to lu thc act aaJ deed ofsaid corpoTatiaa.
My commtssion txptrcs j ti ti' rKhtiti5rhtiltitititititititiy s D. KRELL r Novunbet 30, 2412 NOTAqV ptlgt, c i
e'Y'/ SOU7H tlAKOTA i
tititihtihti4ti Vtitirtitititiwti 4y
D. Krtll, N Public
CERTIFICATE
L Nelson, Assiswnt SccrWary uP Wt:S"t1•.1tN SURL•7Y COMPANY do hereby cwtify tf the Power of Attomry haein rove ut nh is stig in fora. and furtha c ttCy that tlu: qy.l. ow uf lhn enr
uratiuns lhe vax hcreofis sd1I[ n fora. In testimony whamfl heve haam c wbscribed my name and alT c! 1hc seal of thc seid axpotpti m this ds (' w '' 1 6l'
WESTERN SURETY COMPANY
acn
Fam uo-a9aa L. Nds, Ass nne 8ec a ry
254
SEC' fI N OQ300
FISCAI. YEAR 2022- 23 ROAD MAINTENANCE AND REHABIL[ TAT10N BID PRUPOSAL FOIiMS C1P PS 22- 45
NONCOLLUSIUN AFFIDAVIT
STATE OF California
ss.
COUNTY OF Stanislaus
Ed Berlier being first duly sworn, deposes and says that he or she is ce PresidenUG. M. flf Georne Reed, Inc. the party making the foregoing bid that tFre bid is nat made in the interest af, or on behalf af, any undisctosed person, partnership, company, association, organiaation, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder ta put in a false or shasn bid, and has nat directly or indirectly coltuded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, ar that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or canference with anyone to fix the bid price ofthe bidder or any other bidder, or ofthat af any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements cantained 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 che contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, campany associated, organization, bid depository or to any member ar agent thereof to ef' ectuate a collusive or sham bid.
Signature of President, Secretary;
Manager, Project Manager or Representative
Ed Berlier, Vice PresidentlG. M.
The County oF
State af
Subscribed and swarn to( or affirmed) befare me
on this day of by
Se.e. c, utar. t
proved to
me on the basis of sati ctory evidence to be the
person( s) who ap red before me.
Seal
gnature
00300- 9
255
CAlJFO IU1 JI AT W17H AFFlAM' STAT& MENT GOVERNMENT Ct DE§ 82Q2 See Attached Document( Notary to cross out lines 1- 6 belaw) C See Statemerrt Below( Lines 1- 6 to be completed onty by document signer[ sJ, not Notary) Signat ra of Document Signer No. 1 Signature of Documani Signer No. 2{'if any) A rmtary publ or other of c complating this certi icate veriEes only tl e ide tity af the i dividual who signed the document to which this certificate is attac ed, and not the buthfWness, acc acy, ar valiidity of that document.
State of Califomia Subscribed and swom to ( or affirmec before me County of Stanislaus
on this 2T day of . ulY 20Z2 .
bY Date Month Year
1} Ed Berlier
d ()
CMRISTOPkER ALAt7 Ht17' I N
N8R7B{ SJ O/ S19t19/( S
Notary Publ( c• Gllfarnla
Svofslaus County i
Camntss on 3sz e5 proved to me on the basis of satisfactory evidence My Comm. f
pires Nov 4, zo23 to be the person() who appeared before me.
J .,.
Signatur
Sisnature of Nofary PuWic
Christopher Alan Hutton, Notary Public
Seat
Place Not try Saal Above
OPTIONAL
Though this sectfon is optional, campleting thls informa ion can deter alteration merrt or fraudulent raattachment of this form to an unin menk
Description of Attached Dacumerrt
Title or Type of Documen Document Date:
Numbe SigneKs) Other Than Named Above:
2014 National Notary Assxiation• www. NationatNotary. g• 1- 8Q0- US NOTARY( 1- 800- 876- 682 Item# 5910 256
sECT oN oa3oa
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHASILITATION BID PROPOSAL FOI2MS CIP PS 22- AS
PUBLIC CONTRACT CODE SECTIQN 10162 QUESTIONNAIRE
In accordance with Public Contract Code Sectian 10162, the Bidder shal{ complete, under penalty of perjury, the following questiannaire:
Has the Bidder, any officer ofthe Bidder, or any emptoyee of the Bidder, who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or tocal government project because of a violation of law or a safety regulation? Yes Na XX
fthe answer is yes, explain the circumstances in the follawing space.
PUBLIC CO TTRACT SECTION 10232 STATENIENT
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, ti at no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year periad because ofthe Contractor' s failure to comply with an order af a federa! court which orders the Contractor to comply with an order of the National Labor Relations Board.
N TE: The above Stacement and Questionnaire are part of the Proposal. Signing this proposat on the signature portion thereof shall a{ so constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
END F SEC770N)
00300- 10
257
ATTACHMENT C
LEGEND r ° -
i BASE BID LOCATIONS
4' ,:,
3. , k.`
ALTERNATIVE LOCATION yY ' _ '-
t $ 1° Y 4ti yP °- Y a u;''
dq,."
T,{+ ' rt ' f. s.*, .
fi
a ° i
j
x.
b{,
k
g . t Ae1y
k #' . .{. "
d n
a r
Y.',
n
Y i,. *
2''" "
R r ^ c
a .. '"+"'.. a t s
a
r
e S
a B y ' , ya k
tt
l i `„
i--, ."^±
w ' fi
r g ", ` ggg ! j 9
A
y
3£ n:
4, ' " y.' t
9: ' s' .
es ' m
m, , q•
eY'"
i
v
k=
x
STONEBRIDGE LN' * z ; . 4 »'
rn.'!!, l1 Ek b a ;
s
u S
r
u . , m _ i`^.,
e z
a ," ,. . i
4,
a . y.%%,',«
4- y
a°
a ' Q 5": a ,? '
4 * .
r t
p ,
1#
r p . r r, t
p
ti
x ,
y
r, '
k"
b„ s"».,, q`.
Y ° s , .'
y . ""
a,
k, tlH d
4 ,.
t , b p
k t" .
a_
PRAIRIE DUNES DR
ai # 9 ° .. .
a
iY 9 e ` ' ` . " t'
y' i
q
h . b ey r . . r.r "
y,,
t, a , j,
A.
6i i 5'
n '
µ
k .
k; n'z }.
r l. a3+.' r
f ,, " at ' a s ''
t' F< r.. m.,, ,
pyrp, iM ` 4 y
t K"
e"°, s' d , , p` y 4`_ W
a '
yp
k $" h
5.;,
fi :.^^- u `»,.
w., 4»
y Y T
a .
a ps'' yw k' , f r` y
m
E „, ; 1 .}..,,.,
p^.' g s'
a . ..,. e
x
t' k
s'" , ' ` r ^," a
g
a r +` 1 " a x,,
a% a: n 4 ' f,.- M. '
z§ °
t,' `, ' **', ., g ..
Sr l a ,` aa
r
r" 6 r^"
a r
F. x as `,
i
j
a : , t a a "`' , «
g%;
r a' . r 7,,,= ;
I
4.,
i°{ s,* t.. . °. , a
z, "
wv."
s.,. e . * z.:
w 9P .
z+,.,"
wa„.
b a a t a ,
t
m, , T
s ,.
tr
y.,
a,..
r
7..4
tG b," ",
mv. ..:,
t
µ`"
x ` v`" ¢"' S
r ,, m._. `" t
n- " t' "
y `
d . +
jj9"« $
T ' °$°` § " ° M;'", k i, Y.' . F ' g f".,
iCt ,°; #
Y ,[
ry. x„
o
sK
t" t! c
i g"
THOMSEN RD r « ,.. .
C
F r ', i c"
3,
r, " -,+
y
y
r, , ,^
fir u t
wA^ ,
x f fi x yq .. .
x ,
f`
7 u ." s',
b"""
8 e '" '%".
M. `',
a ,
a
m kTt`
ni; s *
x w
Y:, 5 .; ' t e r+ s s $ A t ; 4*,
P,+ ,
a S,
t
y { „ ,
t v , s,*
j+ ' »
t
w
3 ' b : s M`k /' M' i y p
f
a * , `' , p „ ;
a r, k°.,
i: „ +, Y '" ;
Z .
t2? . a
a^ ' ;
r"
at a, a, a . °.
ri`` , „ `,,. u ;°
ry. '#` ° "
s ` x
a> s „ ,,.,,,.,...'" & ` Y `+,.
E
W r ww
f:, 6
h''" s " .:,.. H+ Lar t! ;
4 p " ;
R,,_
g b
a ° ' S ` l ,
s,mo .,, y*' °.+ **• :^, L" NSt.
a '
m . ,
3. a,, " 3' Ya'#-, 3 s' i<.' wR'
i ,
a K . ,.`,
d a' t, '
xk
a '"'"'
E , t'"
4,* a # .. r' S ...
x
n x,,, asr/,
s° t,
Q"'"` .
w m ',
f kf a a
FY 2022/ 23 ROAD MAINTENANCE & REHABILITATION PROJECT
N
CIP PS 22- 45
PROJECT LOCATION MAP
N. T.S.
258
ITEM 4. 15
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CAPITAL IMPROVEMENT PR07ECT RW
23- 02 FOR RECYCLED WATER OPERATIONS
AND PERMITTING AND APPROVE AMENDMENT
NO. 1 WITH WOODARD & CURRAN, INC. AND
RELATED BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Approving the Creation of Capital Improvement Project RW 23- 02 for
Recycled Water Operations and Permitting and
Approving Amendment No. 1 with Woodard &
Curran and Related Budget Amendment
SUMMARY:
The Lathrop Consolidated Treatment Facility ( LCTF) produces recycled water used for agricultural and landscape irrigation and other approved non- potable uses including construction and street sweeping. The State Water Resource Control Board permits and regulates recycled water use within the City of Lathrop.
As the City develops and expands its recycled water system, professional consulting services are needed to meet the extensive reporting, testing and compliance requirements outlined in the State' s permitting documents. In March 2022, the City began working with Woodard & Curran to update City documents for permit compliance and prepare an annual report.
Additional support services are required to update the Reclamation District ( RD) 2062 Recycled Water User Agreement and other tasks needed to deliver recycled water to portions of the River Islands Development ( RID) for urban use areas. Woodard & Curran has provided a proposal in the amount of $ 50, 170 to provide these support services, referred to as Phase 2.
Staff is requesting that City Council approve of the creation of Capital Improvement Project ( CIP) RW 23- 02, Recycled Water Operations and Permitting with an initial budget of $ 80, 000, and approve Amendment No. 1 with Woodard & Curran in the amount of $ 50, 170 for the Phase 2 support services. Sufficient funds were not included in fiscal year 2022- 23 budget. Therefore, staff is requesting that Council approve a budget amendment allocating $ 69, 915 of the CTF Capital Replacement Fund 6110 for the proposed project. RID will be funding $ 11, 598 ($ 10, 085 plus the 15% Admin Fee).
Fundin Source Amount
Fund 6110 CTF Ca ital Re lacement Fund 69, 915
River Islands Develo ment Task 4 of Attachment B 11, 598 TOTAL 80, 000
259
CITY MANAGER' S REPORT PAGE 2
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
CREATE CIP RW 23- 02 FOR RECYCLED WATER OPERATIONS AND
PERMITTING, AND APPROVE CONTRACT AMENDMENT NO. 1 WITH
WOODARD & CURRAN, INC. AND RELATED BUDGET AMENDMENT
BACKGROUND:
Recycled water produced from the Lathrop Consolidated Treatment Facility ( LCTF) is Permitted to be used for agricultural and landscape irrigation and other approved non- potable uses including construction and street sweeping under the LCTF Waste Discharge Requirements Order ( WDRs) and the General Order for Recycled Water Use ( General Order). With the surface water discharge anticipated to begin this fall, the City has been working with Woodard & Curran and Robertson- Bryan, Inc. ( RBI) to rescind the WDRs and migrate all regulatory permitting for recycled water use under the General Order. Beginning in March 2022, the City began working with Woodard & Curran under an agreement for Phase 1 support services in the amount of $ 24, 940 that are needed to update the City' s recycled water program for permit compliance.
Additional support services are needed for Phase 2 tasks to update the Reclamation District 2062 Recycled Water User Agreement and other tasks needed to transition regulatory permitting to the General Order for Recycled Use and begin delivery of recycled water to River Islands urban use areas.
REASON FOR RECOMMENDATION:
The Recycled Water Operations and Permitting project is needed to update the City' s recycled water program due to changes in regulatory permitting and to streamline and improve operations and efficiencies with program administration.
FISCAL IMPACT:
Staff is requesting that City Council approve the creation of Capital Improvement Project RW 23- 02 Recycled Water Operations and Permitting. Project funds were not included in the adopted Fiscal Year 22/ 23 Budget; therefore, staff is requesting that Council approve a budget amendment allocating $ 69, 915 of the CTF Capital Replacement Fund 6110 for the proposed project. RID will funding $ 11, 598 ($ 10, 085 plus the 15% Admin Fee).
Increase Revenue
2710- 8000- 372- 01- 00 11, 598. 00
Increase Transfer Out
2710- 9900- 990- 9010 11, 598. 00
6110- 9900- 990- 9010 69, 915. 00
Increase Transfer In
6091- 9900- 393- 0000 RW 23- 02 80, 000. 00
Increase Appropriation
6091- 8000- 420- 01- 00 RW 23- 02 80, 000. 00
260
CITY MANAGER' S REPORT PAGE 3
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
CREATE CIP RW 23- 02 FOR RECYCLED WATER OPERATIONS AND
PERMITTING, AND APPROVE CONTRACT AMENDMENT NO. 1 WITH
WOODARD & CURRAN, INC. AND RELATED BUDGET AMENDMENT
ATTACH M ENTS:
A. Resolution Approving the Creation of Capital Improvement Project ( CIP) RW 23- 02 for Recycled Water Operations and Permitting, and Approving Contract Amendment No. 1 with Woodard & Curran and Approving Related Budget Amendment.
B. Contract Amendment No. 1 with Woodard & Curran to Provide Recycled Water Program Support Services - Phase 2, CIP RW 23- 02
261
CITY MANAGER' S REPORT PAGE 4
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
CREATE CIP RW 23- 02 FOR RECYCLED WATER OPERATIONS AND
PERMITTING, AND APPROVE CONTRACT AMENDMENT NO. 1 WITH
WOODARD & CURRAN, INC. AND RELATED BUDGET AMENDMENT
APPROVALS:
F'oiZ 7• 2' 1• 2oZ2
Greg Gibson Date
Senior Civil Engineer
Cari James Date
Finance Dir tor
7 • 27• ZoZZ
Michael King Date
Assistant City Manager
Z?- ZO z. Z
Salvador Navarrete Date
City Attorney
e2~ LZSt en J. Salvatore Date
City Manager
262
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING THE CREATION OF CAPITAL IMPROVEMENT PROJECT ( CIP) RW 23- 02 FOR RECYCLED WATER OPERATIONS AND PERMITTING, AND APPROVING CONTRACT AMENDMENT NO. 1 WITH WOODARD & CURRAN AND
APPROVING RELATED BUDGET AMENDMENT
WHEREAS, the Recycled Water Operations and Permitting project is needed to update the City' s recycled water program due to changes in regulatory permitting and to streamline and improve recycled water operations and administration; and WHEREAS, beginning in March 2022, the City has been working with Woodard Curran under an agreement for Phase 1 support services in the amount of $ 24, 940 that are needed to update its recycled water program to meet regulatory permit compliance; and
WHEREAS, additional support services are needed for Phase 2 tasks to update the Reclamation District ( RD) 2062 Recycled Water User Agreement and other tasks needed to transition regulatory permitting to the General Order for Recycled Use and begin delivery of recycled water to River Islands Development urban use areas; and WHEREAS, Woodard & Curran has provided a proposal in the amount of 50, 100 to provide these Phase 2 support services and a funding authorization request has been approved by River Islands Development in the amount of $ 11, 598 10, 085 plus 15% Admin Fee) for services needed to update the RD 2062 Recycled Water User Agreement; and
WHEREAS, staff is requesting that City Council adopt a resolution to approve the creation of Capital Improvement Project RW 23- 02 Recycled Water Operations and Permitting with an initial budget of $ 80, 000; and WHEREAS, staff is also requesting Council approve Contract Amendment No. 1 with Woodard & Curran in the amount of $ 50, 170 to provide professional engineering and recycled water support services for the City' s recycled water program; and WHEREAS, Project funds were not included in the adopted Fiscal Year 22/ 23 Budget; therefore, staff is requesting that Council approve a budget amendment allocating $ 80, 000 of the CTF Capital Replacement Fund 6110 to CIP RW 23- 02.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve the creation of Capital Improvement Project RW 23- 02 Recycled Water Operations and Permitting and approves Contract Amendment No. 1 with Woodard & Curran in the amount of $ 50, 170 to provide professional engineering consulting services needed to support this project; and 263
BE IT FURTHER RESOLVED, the City Council of the City of Lathrop hereby approves the budget amendment to the following accounts:
Increase Revenue
2710- 8000- 372- 01- 00 11, 598. 00
Increase Transfer Out
2710- 9900- 990- 9010 11, 598. 00
6110- 9900- 990- 9010 69, 915. 00
Increase Transfer In
6091- 9900- 393- 0000 RW 23- 02 80, 000. 00
Increase Appropriation
6091- 8000- 420- 01- 00 RW 23- 02 80, 000. 00
264
The foregoing resolution was passed and adopted this 8th day of August 2021, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS T FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 265
AMENDMENT NO. 1
TO THE PROFESSIONAL ENGINEERING CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF LATHROP AND WOODARD & CURRAN, INC.
DATED MARCH 9, 2022
TO CONTINUE PHASE 2 RECYCLED WATER PROGRAM SUPPORT SERVICES — CIP RW 23- 02
THIS AMENDMENT ( hereinafter " AMENDMENT NO. 1") to the agreement between Woodard & Curran Inc., and the City of Lathrop dated March 9, 2022, ( hereinafter AGREEMENT") dated for convenience# his 8t'' day of August 2022, is by and between Woodard Curran Inc., (" CONSULTANT") and the City of Lathrop, a California municipal corporation CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Professional Engineering Consulting Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, on March 8, 2022, CONSULTANT and CITY entered into an AGREEMENT to provide Recycled Water Program Support Services, in the amount not to exceed $ 24, 940; and WHEREAS, CONSULTANT has provided CITY with a scope of work attached hereto as Exhibit "A" for Amendment No. 1 to continue Recycled Water Program Support Services, in the amount not to exceed $ 50, 170; and
WHEREAS, CONSULTANT is willing to render such Professional Engineering Consulting Services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AMENDMENT NO. 1 TO AGREEMENT
1) Scope of Service. Section ( 1) of the AGREEMENT is hereby amended to add the following:
CONSULTANT agrees to perform Professional Engineering Consulting Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently perform these services in accordance with the upmost standards of its profession and to CITY' S satisfaction. The fee proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved of in advance and in writing, by the CITY.