Lathrop City Council
September 12, 2022

149
NextGen Alpha Upfitting Estimate
8400 Carbide Ct Suite A
Date Estimate#
Sacramento CA 95828
sisi2o22 2222g
Name/ Address
Lathrop Pd
940 River Islands Parkway,
Lathrop CA 95330 Estimate good for 30 days.

Item Description Qty Rate Total
NG ORDER TPS CM-SDMT- SL- LED CONSOLE 1 435. 00 435.00T

SIDE- MOUNT WITH ROTATING&

EXTENDABLE SLIDE- ARM
TPS AGSIDEARM- 6 6" SIDE- MOLJNT ARM REST 2 88. 75 177. SOT NG ORDER CENTER CONSOLE USB EXTENSION( OEM) 1 19. 99 19. 99T

DOCKING STATION
NG ORDER GETAC 5410- DOCKING STATION MOUNT 1 1, 295. 00 1, 295. 00T

WITH POWER
NG ORDER GETAC S410 DOCKING STATION POWER 1 189.99 189. 99T SUPPLY

ACCESSORIES
NG ORDER NG PAR46N LED SPOTLIGHT REPLACEMENT 2 245. 00 490. 00T NG ORDER RADIO ANTENNA WHIP 1 66. 85 66.85T
TSO 78815 17 FT RG58 The Laird MB8U vehicle roof mount 2 19. 99 39.98T antenna installation hardware kit is for
Motorola- style mobile antennas, 0— 1000 MHz.

This NMO mount is an all brass permanent mount
for a 3/ 4 in hole.

NG ORDER JD 425- 3816 MAGNETIC MIC 2 44. 95 89. 90T
NG ORDER NG7615 12V SOLENOID TIMER LTNIT 1 189. 99 189. 99T AD7USTABLE
NG ORDER 100A WG AUTOMOTIVE 12V CIRCUIT 1 32. 49 32.49T

BREAKER
BSS 5026 ST Blade Fuse Block- 12 Circuits with Negative 1 49. 99 49. 99T Bus and Cover
NG SHIP IN SHIPPING IN COST FROM VENDOR 1 325. 00 325. 00 NG INSTALATION INSTALLATION OF CUSTOMER SUPPLIED 1 1, 125. 00 1, 125. 00T

MODEM, RADIO AND AXON

SYSTEM(PRE- WIRE IF POSSIBLE)
NG SHOP SUPPLIES SHOP SUPPLIES- TO INCLUDE VEHICLE 1 289. 99 289. 99T

UPFIT- BRACKETS, FUSES, CLAMPS, WIRES,

LOOM, MISC ACCESSORIES
NG INSTALATION INSTALLATION LABOR CHARGE FOR 1 3, 825.00 3, 825. 00

ABOVE EQUIPMENT PER LATHROP POLICE

DEPARTMENT SPEC
Sales Tax 7. 75% 979. 68
Phone# 916) 423- 5052
Total
Web Site NEXTGENALPHAUPFITTING. NET 17, 770. 76

150
NextGen Alpha Upfitting Estimate
8400 Carbide Ct Suite A
Date Estimate#
Sacramento CA 95828
aisi2o2z lla2y
Name/ Address
Lathrop Pd
940 River Islands Parkway,
Lathrop CA 95330 Estimate good for 30 days.

Item Description Qty Rate Total
2020 CHEVY TAHOE- WATCH COMMANDER
x2

LIGHTING
NG ORDER EMPLBOOK9Q- 073 MPOWER LIGHTBAR RW 2 2,395. 00 4, 790. 00T BW 54IN
NG ORDER SOS MPOWER TRAFFIC ADVISOR AMBER 2 659. 76 1, 319. 52T SOS EMPS2SMS5RBW mpower 4" Fascia Light w/ Screw Mount, 18" S 134. 75 1, 078. 00T hard wire w/ sync option, SAE Class 1 & CA Title
13, 9- 32Vdc, Black Housing, 18 LED, TricolorRed/ Blue/ White- FRONT PUSH BUMPER

LIGHTING
SOS ENT2B3D Intersector Under Mirror Mount Light, 9- 32 Vdc, 2 192. 75 385. SOT w/ 4- Wedges, Mounting Gasket& Hardware, 16
LEDs, Dual
Color- Red/ White
SOS ENT2B3E Intersector Under Mirror Mount Light, 9- 32 Vdc, 2 192. 75 385. SOT w/ 4- Wedges, Mounting Gasket& Hardware, 16
LEDs, Dual Color- Blue/ White
SOS EMPS2SMSSRBW mpower 4" Fascia Light w/ Screw Mount, 18" 4 134. 75 539. 00T hard wire w/ sync option, SAE Class 1 & CA Title
13, 9- 32
Vdc, Black Housing, 18 LED, TricolorRed/ Blue/ White- QUARTER PANEL LIGHTING SOS EMPS2SMSSRBW mpower 4" Fascia Light w/ Screw Mount, 18" 4 134. 75 539. 00T hard wire w/ sync option, SAE Class 1 & CA Title
13, 9- 32
Vdc, Black Housing, 18 LED, TricolorRed/ Blue/ White- REAR LIC LIGHTS SOS ELUC3HOIOJ Universal UnderCover Screw- In LED Insert Single 4 92. 49 369. 96T Light Kit, 9- 32 Vdc w/ 10' S- wire harness: includes
insert, Lens# 1 ( Extreme Angle)& Inline Flasher—
Dual Color Red/ Blue- REAR TAIL LIGHT

STROBES
MD HE- TL1 White Auxiliary Lighting Pod- 1. Sx3 Inch, 3 LED 4 48. 95 195. 80T

HATCH DOME LIGHT
MD HE- TLIR RED AUXILIARY LIGHTING POD- I. SX3 2 58. 95 1 17. 90T INCH, 3 LED- HATCH DOME LIGHT
Phone# 916) 423- 5052
Tota I
Web Site NEXTGENALPHAUPFITTING. NET

151
NextGen Alpha Upfitting Esti m ate
8400 Carbide Ct Suite A
Date Estimate#
Sacramento CA 95828 aisi2o22 2222y
Name/ Address
Lathrop Pd
940 River Islands Parkway,
Lathrop CA 95330 Estimate good for 30 days.

Item Description Qty Rate Total
SOS EMP52SMSSRBW mpower 4" Fascia Light w/ Screw Mount, 18" 4 134. 75 539. 00T hard wire w/ sync option, SAE Class 1& CA Title
13, 9- 32
Vdc, Black Housing, 18 LED, TricolorRed/ Blue/ White- REAR HATCH WARNING LIGHTS

PUSH BUMPER SETUP
WPS 36- 53805 Bumper Push Bar; Elite T"' XD; Powder Coated; 2 696. 00 1, 392. 00T Black; Steel; 3 Inch Diameter; Without
Wraparound Brush Guard; Far Use With Optional
Top Channel( Sold Separately); With Mounting
Brackets
WPS 36- 53805PB Bumper Guard; Elite T"' XD; Powder Coated; 2 525. 00 1, OSO. 00T Black; Steel; Requires Westin Public Safety
Bumper Push Bar
WPS 36- 6015SMP2 Bumper Push Bar Top Channel Cover; Elite; For 2 49. 99 99. 98T Westin Elite Series Bumper Push Bar; With 2
Soundoff MR6 Code Light Mounting Holes;
Powder Coated; Black; Steel
SIREN
SOS ENGSA582RSP 500 series remote siren with button control, 10- 16v 2 1, 049. 50 2, 099. 00T SOS ETSS 100J IOOJ Series Composite Speaker w/ Universal Bail 4 189. 99 759. 96T Bracket- 100 watt

CONSOLE
TPS CC- WBOS- 20 LINIVERSAL 20" WIDE- BODY CONSOLE 2 609. 50 1, 219. 00T

WITH OPEN STORAGE
TPS AGTHIS- WB 2015- 20 Tahoe wide- body floor mount 2 0. 00 O. 00T NG ORDER TPS FP- SO500- R SOLJNDOFF FACEPLATE 2 0. 00 O. 00T NG ORDER ICOM RADIO FACEPLATE 2 0. 00 O. 00T
NG ORDER FP- DECORA 2" face plate w/( 1) AC duplex 2 39. 99 79.98T outlet cut- out. Includes duplex outlet
TPS FP- BLNK1 1" BLANK FILLER PLATE 4 0. 00 O. 00T
TPS FP- BLNK2 2" BLANK FILLER PLATE 6 0. 00 O. 00T
TPS FP- USB- 2DC 2" FACEPLATE DC OUTLET/ USB CUTOUTS 2 58. 50 117. 00T

ELECTRONICS INCLUDED
TPS AGINBHG INTERNAL DUAL BEVERAGE HOLDER 2 49. 95 99. 90T Phone# 916) 423- 5052
Total
Web Site NEXTGENALPHAUPFITTINGNET

152
NextGen Alpha Upfitting Estimate
8400 Carbide Ct Suite A
Date Estimate#
Sacramento CA 95828
sisi2o22 22229
Name/ Address
Lathrop Pd
940 River Islands Parkway,
Lathrop CA 95330 Estimate good for 30 days.

Item Description Qty Rate Total
TPS AGMCMI MICROPHONE CLIP PLATE AND CLIP 4 12. 99 51. 96T

ASSEMBLY
NG ORDER TPS CM- SDMT- SL- LED CONSOLE 2 435. 00 870. 00T

SIDE- MOUNT WITH ROTATING&

EXTENDABLE SLIDE- ARM
TPS AGSIDEARM- 6 6" SIDE- MOLJNT ARM REST 2 88. 75 177. 50T NG ORDER CENTER CONSOLE USB EXTENSION( OEM) 2 19. 99 39. 98T

OVERHEARD GUNLOCK
TPS GM- SGL- MNT SINGLE WEAPON MOUNT 2 192. 45 384. 90T TPS GM- B- SCiAR-BKT CLAMSHELL STYLE WEAPON LOCK 2 58. 00 1 16. 00T

BRACKET FOR AR STYLE RIFLES
TPS SC6- 2 SC- 6 UNIVERSAL RATCHETING GLJNLOCK 2 169. 99 339. 98T WITH# 2 KEY
NG INSTALATION CUSTOM OVERHEAD GUNLOCK MOUNTING 2 350. 00 700. 00

DOCKING STATION
NG ORDER GETAC S410- DOCKING STATION M UNT 4 1, 295. 00 5, 180. 00T W1TH POWER
NG ORDER GETAC S410 DOCKING STATION POWER 4 189. 99 759. 96T SUPPLY

TROY REAR COMMAND
NG ORDER TPS AS- CP- 2D7- MD- GB48- PB - REAR 2 5, 985. 00 11, 970. 00T

COMMAND BOX PER LATHROP TROY SPEC
NG ORDER TPS CP- FSWB- MFD REAR MAP BOARD POP 2 715. 50 1, 431. 00T UP
NG ORDER TPS CM- DH- SLDK- LED REAR COMPUTER 2 475. 00 950. 00T

SLIDE MOUNT
NG ORDER 2000w power invertor 2 259. 99 519. 98T
NG ORDER ICOM RADIO FACEPLATE 2 39. 99 79. 98T
TPS FP- BLNK2 2" BLANK FILLER PLATE 2 12. 99 25. 98T
NG ORDER AC POWER ACCESSORIES AND REAR 2 125. 00 250. 00T PLATES
NG INSTALATION REAR COMMAND BOX INSTALLATION 2 825. 00 1, 650.00

WITH POWER ACCESSOWES WITH

DOCKING STATION AND MOUNTING
Phone# 916) 423- 5052
Totai
Web Site NEXTGENALPHAUPFITTING. NET

153
NextGen Alpha Upfitting Esti m ate
8400 Carbide Ct Suite A
Date Estimate#
Sacramento CA 95828
sisiz. o22 ZZZz9
Name/ Address
Lathrop Pd
940 River Islands Parkway,
Laihrop CA 95330 Estimate good for 30 days.

Item Description Qty Rate Total
NG CUSTOM REAR ELECTRONICS COVER PLATE AND 2 250. 00 SOO. 00T

BRACKETS

ACCESSORIES
NG ORDER NG PAR46N LED SPOTLIGHT REPLACEMENT 4 245. 00 980. 00T NG ORDER RADIO ANTENNA WHIP 2 66. 85 133. 70T
TSO 78815 17 FT RG58 The Laird MB8U vehicle roof mount 4 19. 99 79. 96T antenna installation hardware kit is for
Motorola- style mobile antennas, 0— 1000 MHz.

This NMO mount is an all brass permanent mount
for a 3/ 4 in hole.

NG ORDER JD 425- 3816 MAGNETIC MIC 4 44.95 179. 80T
NG ORDER NG7615 12V SOLENOID TIMER LTNIT 2 189. 99 379. 98T

ADNSTABLE
NG ORDER 100A WG AUTOMOTIVE 12V CIRCUIT 2 32. 49 64.98T

BREAKER
BSS 5026 ST Blade Fuse Block- 12 Circuits with Negative 2 49. 99 99.98T Bus and Cover
NG SHIP IN SHIPPING IN COST FROM VENDOR 2 525. 00 1, 050. 00 NG INSTALATION INSTALLATION OF CUSTOMER SUPPLIED 2 1, 125. 00 2, 250. 00T

MODEM, RADIO AND AXON

SYSTEM( PRE- WIRE IF POSSIBLE)
NG SHOP SUPPLIES SHOP SUPPLIES- TO INCLUDE VEHICLE 2 350. 00 700.00T

UPFIT- BRACKETS, FUSES, CLAMPS, WIRES,

LOOM, MISC ACCESSORIES
NG INSTALATION INSTALLATION LABOR CHARGE FOR 2 3, 525. 00 7, 050.00

ABOVE EQUIPMENT PER LATHROP POLICE

DEPARTMENT SPEC

REAR TAHOE OEM SEATS NEEDED
Sales Tax 7. 75% 3, 541. 10
Phone# 916) 423- 5052
Tota I
Web Site NEXTGENALPHAUPFITTING. NET 59, 682. 72

154
ITEM 4. 9

CITY MANAGER' S REPORT
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A COMMUNITY WORKFORCE AND

TRAINING AGREEMENT WITH THE SAN ) OAQUIN

BUILDING AND CONSTRUCTION TRADES COUNCIL

FOR THE CORPORATION YARD AND EVIDENCE
FACILITY RETROFIT PRO) ECT, GG 21- 13
RECOMMENDATION: Adopt Resolution Approving a Community Workforce and Training Agreement with the San 7oaquin
Building and Construction Trades Council, for the
Corporation Yard and Evidence Facility Retrofit
Project, GG 21- 13
SUMMARY:

A Community Workforce and Training Agreement ( CWTA), also known as a Project Labor Agreement ( PLA), is an agreement between a public agency and local labor organizations for specific construction projects. Contractors performing work on designated projects are legally bound by the CWTA, which sets standards for worker pay and benefits, work conditions, employment protections, goals and targets for hiring, and incorporation of community needs and interests. CWTAs may vary between jurisdictions and unions involved. Still, most include guarantees of nostrikes or lockouts, alternative dispute resolution procedures, and hiring through a union referral systems or by utilizing apprenticeship programs.

Tonight, staff requests the City Council:

Approve the attached CWTA ( Attachment B) for the Corporation Yard and Evidence Facility Retrofit Project, Capital Improvement Project GG 21- 13. The term of the CWTA shall apply until the completion of the project as set forth in the bid document, and Sections 1. 2 and 2. 2 of the CWTA.

If approved, authorize the City Manager or designee to execute the agreement and accept any minor modifications to the agreement as approved by the City Attorney and negotiated by the City Manager during the term of the CWTA.

BACKGROUND:

The goal of the CWTA is to develop opportunities for qualified locally hired individuals and veterans for the construction of various Public Works related Capital Improvement Projects ( CIPs). Additionally, the aim is to facilitate training and employment for local students and veterans in the construction industry and trades through apprenticeships and to encourage the efficiency of construction operations performed by public works departments in local agencies. 155
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING

APPROVE A COMMUNITY WORKFORCE AND TRAINING AGREEMENT WITH

THE SAN JOAQUIN BUILDING AND CONSTRUCTION TRADES COUNCIL In addition, the CWTA intends to reconcile labor disputes and to resolve grievances without the need for labor stoppages ( i. e., strikes), which serves the public interest and leads to the orderly completion of construction projects.

Furthermore, the CWTA aims to place high priority on the development of comprehensive programs for the recruitment, training and employment of community members, local area residents and military veterans, and to recognize the ability of local apprentice readiness programs and apprenticeship programs to provide meaningful and sustainable career pathways to careers in the construction industry.

Staff proposes Council approve the proposed CWTA for the Corporation Yard and Evidence Facility Retrofit Project, GG 21- 13. The project under the CWTA will comply with all other state regulations per the Public Contracts Code ( PCC) and will be subject to prevailing wage requirements. The prevailing wages are determined by the Department of Industrial Relations ( DIR) according to the type of work and project location.

Some of the key provisions of the proposed CWTA for the project include:

Effective date of agreement is upon Council approval and the duration of the term is until the completion of the project as set forth in the bid documents.

Priority hiring for local area residents and military veterans, and the ability to provide local apprentice readiness programs and apprenticeship programs to provide meaningful and sustainable career pathways to careers in the construction industry.

This CWTA will be applicable for the Corporation Yard and Evidence Facility Retrofit Project, GG 21- 13.

The CWTA project is still subject to competitive bidding and the requirement to pay prevailing wages.

Contractors recognize the Trades Council and the Unions as the sole and exclusive bargaining representative for the craft employees engaged in project work, and contractors further recognize that the Unions shall be the primary source of craft labor employed on the project work.

Workers of various skills, which are required in the performance of the designated construction work, will be represented by the Unions signatory to this agreement and employed by contractors and subcontractors who are also signatory to this agreement.

In the interest of the public, the City, the Unions, and the Contractors/ Employers agree to manage the construction project in an orderly 156
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING

APPROVE A COMMUNITY WORKFORCE AND TRAINING AGREEMENT WITH

THE SAN ) OAQUIN BUILDING AND CONSTRUCTION TRADES COUNCIL manner without disruption ( i. e. strikes, sympathy strikes, work stoppages, picketing, lockouts, slowdowns or other interferences with work).

Contractors/ Employers and the Unions will mutually establish and stabilize wages, hours and working conditions for the workers employed on the Project and encourage close cooperation among the Contractors/ Employers and the Unions so that a satisfactory, continuous and harmonious relationship will exist among the parties to this CWTA.

FISCAL IMPACT:

City staff will administer the CWTA. The administration cost of the CWTA is approximately the equivalent of 2. 5 percent of contract cost for the designated project.

ATTACHMENTS:

A. Resolution Approving a Community Workforce and Training Agreement with the San Joaquin Building and Construction Trades Council, for the Corporation Yard and Evidence Facility Retrofit Project, GG 21- 13
B. Community Workforce and Training Agreement for the Corporation Yard and Evidence Facility Retrofit Project
157
CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING

APPROVE A COMMUNITY WORKFORCE AND TRAINING AGREEMENT WITH

THE SAN JOAQUIN BUILDING AND CONSTRUCTION TRADES COUNCIL APPROVALS:

I • Co • 2 22
Michael King Date
Assistant City Manager
20 2_ 2
Salvador Navarrete Date
City Attorney
L ' lo• ZZ
Stephen J. Salvatore Date
City Manager
158
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING A COMMUNITY WORKFORCE AND TRAINING AGREEMENT WITH

THE SAN JOAQUIN BUILDING AND CONSTRUCTION TRADES COUNCIL, FOR

THE CORPORATION YARD AND EVIDENCE FACILITY RETROFIT PROJECT, GG 21- 13
WHEREAS, the Community Workforce and Training Agreement ( CWTA), also known as a Project Labor Agreement ( PLA), is an agreement between a public agency and local labor organizations for a specific construction project; and WHEREAS, Contractors performing work on designated projects are legally bound by the CWTA, which sets standards for worker pay and benefits, work conditions, employment protections, goals and targets for hiring, and incorporation of community needs and interests; and
WHEREAS, CWTAs may vary between jurisdictions and unions involved. Still, most include guarantees of no- strikes or lockouts, alternative dispute resolution procedures, and hiring through a union referral systems or by utilizing apprenticeship programs; and
WHEREAS, the CWTA aims to promote efforts and to increase employment opportunities for local residents and surrounding communities as well as facilitate training and employment for local students, veterans in the construction industry and trades through apprenticeships and encourage the efficiency of the construction project performed by public works department; and
WHEREAS, the CWTA intends to reconcile any labor disputes and resolve grievances without the need for labor stoppages ( i. e., strikes), which serves the public interest and leads to the orderly completion of the construction project; and WHEREAS, tonight, staff requests the Council:

Approve the attached CWTA ( Attachment B" of the City' s Manager Report, dated September 12, 2022) for the Corporation Yard and Evidence Facility Retrofit Project, Capital Improvement Project GG 21- 13. The term of the CWTA shall apply until the completion of the project as set forth in the bid documents, and Sections 1. 2 and 2. 2 of the CWTA; and
If approved, authorize the City Manager or designee to execute the agreement and accept any minor modifications to the agreement as approved by the City Attorney and negotiated by the City Manager during the term of the CWTA; and
WHEREAS, City staff will administer the CWTA. The administration cost of the CWTA is approximately the equivalent of 2. 5 percent of contract cost for the designated project; and
159
Contractors recognize the Trades Council and the Unions as the sole and exclusive bargaining representative for the craft employees engaged in project work, and contractors further recognize that the Unions shall be the primary source of craft labor employed on the project work.

Workers of various skills, which are required in the performance of the designated construction work, will be represented by the Unions signatory to this agreement and employed by contractors and subcontractors who are also signatory to this agreement.

In the interest of the public, the City, the Unions, and the Contractors/ Employers agree to manage the construction project in an orderly manner without disruption ( i. e. strikes, sympathy strikes, work stoppages, picketing, lockouts, slowdowns or other interferences with work).

Contractors/ Employers and the Unions will mutually establish and stabilize wages, hours and working conditions for the workers employed on the Project and encourage close cooperation among the Contractors/ Employers and the Unions so that a satisfactory, continuous and harmonious relationship will exist among the parties to this CWTA.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby authorize the City Manager or designee to execute the agreement and accept any minor modifications to the agreement as approved by the City Attorney and negotiated by the City Manager during the term of the CWTA. 160
The foregoing resolution was passed and adopted this 12t" day of September 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 161
ATTAC///H111MENT
M M

CITY OF LATHROP

COMMUNITY WORKFORCE AND TRAINING AGREEMENT

CORPORATION YARD AND EVIDENCE FACILITY RETROFIT PROJECT

INTRODUCTION/ FINDINGS
This Agreement is entered into this 12th day of September 2022, by and between the City of Lathrop (" City"), together with its contractors and subcontractors of all tiers who shall become signatory to this Agreement by executing an " Agreement to be Bound" ( Addendum A) Contractor( s)/ Employer( s)"), and the San Joaquin Building and Construction Trades Council Council"), together with its affiliated local Unions who have executed this Agreement Union( s)").

The purpose of this Agreement is to promote the efficiency of construction operations for the City of Lathrop through the use of skilled labor resulting in quality construction outcomes, and to provide for the peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of the Project.

WHEREAS, the timely and successful completion of the Project is of the utmost importance to meet the needs of the City and avoid increased costs resulting from delays in construction; and
WHEREAS, large numbers of workers of various skills will be required in the performance of the construction work and will be represented by the Unions signatory to this Agreement and employed by contractors and subcontractors who are also signatory to this Agreement; and WHEREAS, the use of skilled labor on construction work increases the safety of construction projects as well as the quality of completed work; and WHEREAS, it is recognized that on a project of this magnitude with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disruption may be substantial without an overriding commitment to maintain continuity of work; and
WHEREAS, the interests of the general public, the City, the Unions, and the Contractors/ Employers would be best served if the construction work proceeded in an orderly manner without disruption because of strikes, sympathy strikes, work stoppages, picketing, lockouts, slowdowns or other interferences with work; and WHEREAS, the Contractors/Employers and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed on the Project and to encourage close cooperation among the Contractars/Employers and the Unions so that a satisfactory, continuous and harmonious relationship will exist among the parties to this Agreement; and
City of Lathrop
Community Workforce and Training Agreement
1 162
WHEREAS, the parties agree that one of the primary purposes of this Agreement is to avoid the tensions that might arise on the Project if Union and non- union workers of different employers were to work side by side on the Project, potentially leading to labor disputes that could delay completion of the Project; and
WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish or modify existing local or national collective bargaining agreements in effect during the duration of the Project, insofar as a legally binding agreement exists between the Contractors/ Employers and the Unions, except to the extent that the provisions of this Agreement are inconsistent with said collective bargaining agreements, in which event the provisions of this Agreement shall prevail; and
WHEREAS, the City places high priority upon the development of comprehensive programs for the recruitment, training and employment of community members, local area residents and military veterans, and recognizes the ability of local apprentice readiness programs and apprenticeship programs to provide meaningful and sustainable career pathways to careers in the construction industry; and
WHEREAS, the Project will be awarded in accordance with the applicable provisions of the California State Public Contract Code and all state, local and federal laws; and WHEREAS, the parties to this Agreement pledge their full good faith and trust to work toward the mutually satisfactory completion of the Project.

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS FOLLOWS:

ARTICLE I

DEFINITIONS

1. 1 " Agreement" means this Community Workforce and Training Agreement CTWA").

1. 2 " Agreement To Be Bound" means the agreement ( attached hereto as Addendum A) that shall be executed by each and every Contractor/ Employer as a condition of working on the Project.

1. 3 " City" means the City of Lathrop and its City Council, officers, agents and employees, including managerial personnel.

1. 4 " Completion" means that point at which there is Final Acceptance by the City of a Construction Contract and the City has filed a Notice of Completion. For purposes of this definition, " Final Acceptance" means that point in time at which the City has determined upon final inspection that the work has been completed in all respects and all required contract documents, contract drawings, warranties, certificates, manuals and data have been submitted and training completed in accordance with the contract documents and the City has executed a written acceptance of the work.

City of Lathrop
Community Workforce and Training Agreement
2 163

1. 5 " Construction Contract" means the public works or improvement contract( s) including design- bid, design- build, lease- leaseback or other contracts under which construction of the Project is done) awarded by the City that are necessary to complete the Project.

1. 6 " Contractor( s)/ Employer( s)" or " Contractor( s)" or " Employer( s)" means any individual, firm, partnership or corporation ( including the prime contractor, general contractor, construction manager, project manager, design- build entity, lease- leaseback entity or equivalent entity), or combination thereof, including joint ventures, and their successors and assigns, that is an independent business enterprise and enters into a contract with the City with respect to the construction of any part of the Project, under contract terms and conditions that are approved by the City and that incorporate this Agreement, and all contractors and subcontractors of any tier.

1. 7 " Council" means the San Joaquin Building and Construction Trades Council.

1. 8 " Master Agreement" or " Schedule A" means the Master Collective Bargaining Agreement of each craft Union signatory hereto.

1. 9 " Project" means the City' s Corporation Yard and Evidence Facility Retrofit Project. All Construction Contracts required to complete the Project shall be covered by this Agreement. The City and the Council may mutually agree in writing to add additional projects or components to be covered by this Agreement.

1. 10 " Project Manager" means the person( s) or entity(ies) designated by the City to oversee all phases of construction on the Project and the implementation of this Agreement.

1. 11 " Union" or " Unions" means the San Joaquin Building and Construction Trades Council and its affiliated Unions signatory to this Agreement, acting on their own behalf and on behalf of their respective affiliates and member organizations, whose names are subscribed hereto and who have through their officers executed this Agreement.

ARTICLE II

SCOPE OF AGREEMENT

2. 1 Parties: This Agreement applies to and is limited to all Contractors/ Employers performing Construction Contracts for the Project ( including subcontractors at any tier), and their successors and assigns, the City, the Council and the Unions signatory to this Agreement.

2. 2 A plicabilit This Agreement governs all Construction Contracts awarded for the Project. For purposes of this Agreement, Construction Contracts shall be considered Completed as set forth in Section 1. 4, except when the City directs a Contractor to engage in repairs, warranty work, modifications or punch list work under a Construction Contract or when a Contractor performs work under a change order for a Construction Contract.

2. 3 Covered Work: This Agreement covers, without limitation, all site preparation, surveying, construction, alteration, demolition, installation, improvement, remediation, retrofit, painting, or repair of buildings, structures and other works, and related activities for the Project, that is within the craft jurisdiction of one of the Unions and that is directly or indirectly part of the Project, including, without limitation to the following examples, geotechnical and exploratory drilling, soils and materials testing and inspection, temporary HVAC, landscaping and temporary City of Lathrop
Community Workforce and Training Agreement
3 164
fencing, pipelines ( including those in linear corridors built to serve the Project), pumps, pump stations, start- up, modular furniture installation, and final clean- up. Covered Work includes work done for the Project in temporary yards, dedicated sites, or areas adjacent to the Project, and at any on- site or off-site batch plant constructed to supply materials to the Project.

2. 3. 1 This Agreement applies to any start- up, calibration, commissioning, performance testing, repair, maintenance, and operational revisions to systems and/or subsystems for the Project performed after Completion, unless performed by City employees.

2. 3. 2 This Agreement covers all on- site fabrication work over which the City, Contractor( s)/ Employer( s), or subcontractor( s) possess the right of control ( including work done for the Project in any temporary yard or area established for the Project). This Agreement also covers any off-site work, including fabrication necessary for the Project, that is traditionally performed by any of the Unions and that is directly or indirectly part of the Project, provided such wark is covered by a Master Agreement or local addenda to a national agreement of the applicable Union( s).

2. 3. 3 Except for the delivery of supplies, equipment or materials that are stockpiled for later use, this Agreement covers all construction trucking work, including the hauling and delivery of ready- mix, asphalt, aggregate, sand, soil or other fill or similar material that is directly incorporated into the construction process as well as the off-hauling of soil, sand, gravel, rocks, concrete, asphalt, excavation materials, construction debris and excess fill, material and/ or mud. Contractor( s)/ Employer( s), including brokers, of persons providing construction trucking work shall provide certified payroll records to the City within ten ( 10) days of written request or as required by the bid specifications.

2. 3. 4 Work covered by this Agreement within the following craft jurisdictions shall be performed under the terms of their National Agreements as follows: the National Transient Lodge ( NTL) Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, the National Agreement of Elevator Constructors, and any instrument calibration work and loop checking shall be performed under the terms of the UA/ IBEW Joint National Agreement for Instrument and Control Systems Technicians, with the exception that Articles IV, XIV and XV of this Agreement shall apply to such work.

2. 4 Exclusions: The following shall be excluded from the scope of this Agreement.

2. 4. 1 This Agreement shall not apply to a Contractor/ Employer' s non- construction craft executives, managerial employees, supervisors above the level of general foreman ( except those covered by existing Master Agreements), and administrative personnel.

2.4. 2 This Agreement shall not apply to any non-Project work performed on or near or leading to the site of work covered by this Agreement that is undertaken by state, county, city, or other governmental bodies or their contractors. Wark performed by public or private utilities, including all electrical utility, voice- data- video, and security installation work ahead of and up to the electrical service entry connection or the main point of entry into the building, shall be excluded. All electrical utility, voice- data-video, and security installation work performed after the electrical utility service entrance or the main point of entry shall be Covered Work.

Additionally, all contracted work performed ahead of the service entrance connection and main City of Lathrop
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point of entry that is inside the property line that provides for access to the building via a conduit or series of conduits shall be Covered Work.

2. 4. 3 This Agreement shall not apply to off-site maintenance of leased equipment and on- site supervision of such work.

2. 4. 4 This Agreement shall not apply to any work performed with the City' s own forces as permitted by the Public Contract Code.

2. 5 Award of Contracts: It is understood and agreed that the City has the right to select any qualified bidder for the award of Construction Contracts under this Agreement. The bidder need only be willing, ready and able to execute and comply with this Agreement. It is further agreed that this Agreement shall be included in all invitations to bid or solicitations for proposals from contractors or subcontractors for the Project. A copy of all invitations to bid shall be provided to the Council at time of issuance.

ARTICLE III

EFFECT OF AGREEMENT

3. 1 By executing this Agreement, the Council, the Unions and the City agree to be bound by each and all of the provisions of the Agreement.

3. 2 By accepting the award of work under a Construction Contract for the Project, whether as a Contractor or subcontractor thereunder, all Contractars/ Employers agree to be bound by each and every provision of this Agreement and agree to evidence their acceptance prior to the commencement of work by executing the Agreement to be Bound in the form attached hereto as Addendum A.

3. 3 At the time that any Contractor/Employer enters into a subcontract with any subcontractor providing for the performance of work under a Construction Contract, the Contractor/Employer shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a condition of accepting the award of a construction subcontract, to agree in writing, by executing the Agreement to be Bound, to be bound by each and every provision of this Agreement prior to the commencement of work. The obligations of a Contractor may not be evaded by subcontracting. If the subcontractor refuses to execute the Agreement to be Bound, then such subcontractor shall not be awarded a Construction Contract for the Project.

3. 4 This Agreement shall only be binding on the signatory parties hereto and their successors and assigns, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such party. Each Contractor/ Employer shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breach of this Agreement, except as otherwise provided by law or the applicable Master Agreement. Any dispute between the Union( s) and the Contractor( s)/ Employer( s) with respect to compliance with the terms of this Agreement shall not affect the rights, liabilities, obligations and duties between the Union( s) and other Contractor(s)/ Employer( s) party to this Agreement.

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5 3. 5 It is mutually agreed by the parties that any liability by a Union signatory to this Agreement shall be several and not joint. Any alleged breach of this Agreement by a Union shall not affect the rights, liabilities, obligations and duties between the Contractor( s)/ Employer( s) and the other Union( s) party to this Agreement.

3. 6 The provisions of this Agreement, including the Schedule As incorporated herein by reference, shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area andlor national agreements which may conflict with or differ from the terms of this Agreement. To the extent a provision of this Agreement is inconsistent with a Schedule A, the provisions of this Agreement shall prevail. Where a provision of a Schedule A is not inconsistent with this Agreement, the provision of the Schedule A shall apply.

ARTICLE IV

WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS

4. 1. The Unions, the City, and the Contractor( s)/ Employer( s) covered by this Agreement agree that for the duration of the Project:

4. 1. 1 There shall be no strikes, sympathy strikes, work stoppages, picketing, hand billing or otherwise advising the public that a labor dispute exists, or slowdowns of any kind, for any reason, by the Unions or employees employed on the Project, at the job site of the Project ar at any other facility of the City because of a dispute on the Project. Disputes arising between the Unions and Contractor( s)/ Employer( s) on other City projects are not governed by the terms of the Agreement or this Article.

4. 1. 2 There shall be no lockout of any kind by a Contractor/ Employer of workers employed on the Project.

4. 1. 3 If a Master Agreement expires before the Contractor/ Employer completes the performance of work under a Construction Contract and the Union or Contractor/ Employer gives notice of a demand for a new or modified Master Agreement, the Union agrees that it will not strike on work covered by this Agreement and the Union and the Contractor/Employer agree that the expired Master Agreement will continue in full force and effect for work covered under this Agreement until a new or modified Master Agreement is reached. If the new or modified Master Agreement provides that any terms of the Master Agreement shall be retroactive, the Contractor/ Employer agrees to comply with any retroactive terms of the new or modified Master Agreement that are applicable to any employee( s) on the Project during the interim, with retroactive payment due within seven( 7) calendar days of the effective date of the new or modified Master Agreement.

4. 1. 4 In the case of nonpayment of wages or trust fund contributions on the Project, the Union shall give the City and the Contractor/Employer three ( 3) business days' notice when nonpayment of trust fund contributions has occurred, and one( 1) business day' s notice when nonpayment of wages has occurred or when paychecks being tendered to a financial institution normally recognized to honor such paychecks will not honor such paycheck as a result of insufficient funds, of the intent to withhold labor from the Contractor/ Employer' s or their subcontractor' s workforce, during which time the Contractor/Employer may correct the default.

In this instance, a Union' s withholding of labor ( but not picketing) from a Contractor/ Employer City of Lathrop
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6 who has failed to pay its fringe benefit contributions or failed to meet its weekly payroll shall not be considered a violation of this Article.

4. 1. 5 Notification: If the City contends that any Union has violated this Article, it will so notify, in writing, the Senior Executive of the Council and the Seniar Executive of the Union, setting forth the facts alleged to violate the Article, prior to instituting the expedited arbitration procedure set forth below. The Council will immediately use its best efforts to cause the cessation of any violation of this Article. The leadership of the Union will immediately inform the workers of their obligations under this Article. A Union complying with this obligation shall not be held responsible for unauthorized acts of employees it represents.

4. 2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, prior to initiating any other action at law or equity, when a breach of this Article is alleged to have occurred.

4. 2. 1 A party invoking this procedure shall notify David Weinberg, as the permanent arbitrator, or Robert Hirsch, as the alternate arbitrator under this procedure. In the event the permanent arbitrator is unavailable at any time, the alternate will be contacted. If neither is available, the parties shall select the arbitrator from the list in Section 14. 4. Notice to the arbitrator shall be by the most expeditious means available, with notice by email and telephone to the City and the party alleged to be in violation, and to the Council and involved local Union if a Union is alleged to be in violation.

4. 2. 2 Upon receipt of said notice, the City will contact the permanent arbitrator named above, or the alternate if the permanent arbitrator is not available, who will attempt to convene a hearing within twenty-four( 24) hours if it is contended that the violation still exists.

4.2. 3 The arbitrator shall notify the parties by email and telephone of the place and time for the hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator' s discretion, shall not exceed twenty- four ( 24) hours unless otherwise agreed upon by all parties. A failure of any party to attend said hearings shall not delay the hearing of evidence or the issuance of an award by the arbitrator.

4. 2. 4 The sole issue at the hearing shall be whether or not a violation of Section

4. 1 of the Agreement has occurred. The arbitrator shall have no authority to consider any matter of justification, explanation or mitigation of such violation or to award damages, which issue is reserved for court proceedings, if any. The award shall be issued in writing within three ( 3) hours after the close of the hearing, and may be issued without a written opinion. If any party desires a written opinion, one shall be issued within fifteen( 15) calendar days, but the parties shall not delay compliance with or enforcement of the award due to the issuance of a written opinion. The arbitrator may order cessation of the violation of this Article and other appropriate relief and such award shall be served on all parties by hand or registered mail upon issuance. Should a party found in violation of this Article fail to comply with an arbitrator' s award to cease the violation, the party in violation shall pay to the affected party as liquidated damages the sum of ten thousand dollars 10, 000.00) per shift for which it failed to comply, or portion thereof, until such violation is ceased. The arbitrator shall retain jurisdiction to resolve any disputes regarding the liquidated damages claimed under this section.

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7 4. 2. 5 Such award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to above in the following manner. The party filing such enforcement proceedings shall give written notice to the other party.

In the proceeding to obtain a temporary order enforcing the arbitrator' s award as issued under this Article, all parties waive the right to a hearing and agree that such groceedings may be ex parte.

Such agreement does not waive any party' s right to participate in a hearing for a final order of enforcement. The Court' s order or orders enforcing the arbitrator' s award shall be served on all parties by hand or delivered by certified mail.

4. 2. 6 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance, are waived by the parties.

4. 2. 7 The fees and expenses of the arbitrator shall be divided equally between the party instituting the arbitration proceedings provided in this Article and the party alleged to be in breach of its obligation under this Article.

4. 2. 8 Should either the permanent or the alternate arbitrator identified above no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.

ARTICLE V

MARK-UP MEETINGS

5. 1 Timin : The Project Manager shall convene and conduct, at a location and time mutually agreeable to the Council, a prejob conference or " mark-up meeting" with the Unions and with representatives of all involved Contractors/Employers, who shall be prepared to announce craft assignments and to discuss in detail the scope of work and the other issues set forth below, at least fourteen ( 14) calendar days prior to:
a) The commencement of any Project work, and
b) The commencement of Project work on each subsequently awarded Construction Contract.

5. 2 The mark up meeting shall be attended by a representative of each participating Contractor and each affected Union, and the Council and City may attend at their discretion.

5. 3 The mark up meeting shall include but not be limited to the following subjects:
a) A listing of each Contractor' s scope of work;
b) The craft assignments;
c) The estimated number of craft workers required to perform the work; d) Transportation arrangements;
e) The estimated start and completion dates of the work; and fl Discussion of pre-fabricated materials.

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8 5. 4 Review Meetin s: In order to ensure the terms of this Agreement are being fulfilled and all concerns pertaining to the City, the Unions, and the Contractors are addressed, the Project Manager, General Contractor, and senior executive of the Council, or designated representatives thereof, shall meet on a periodic basis during the term of Project construction.

The City and the Council shall have the right to call a meeting of the appropriate parties to ensure the terms of this Agreement are being fulfilled.

ARTICLE VI

NO DISCRIMINATION

6. 1 The Contractors/Employers and the Unions agree to comply with all antidiscrimination provisions of federal, state and local law, to protect employees and applicants for employment, on the Project.

ARTICLE VII

UNION SECURITY

7. 1 The Contractors/ Employers recognize the Unions as the sole bargaining representative of all craft employees working within the scope of this Agreement.

7. 2 The Contractors/ Employers shall make and transmit all deductions for Union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Agreement. This Agreement does not require any employee of a non- union Contractor/ Employer to join a Union or to pay dues or fees to a Union as a condition of performing work for the Project; however, nothing in this Article is intended to supersede the requirements of the applicable Master Agreements as to Contractors/ Employers signatory to such Master Agreements and as to employees of those Contractors/Employers who are performing Covered Work.

7. 3 Authorized representatives of the Unions shall have access to the Project whenever work covered by this Agreement is being, has been, or will be performed for the Project.

ARTICLE VIII

REFERRAL

8. 1 Contractor(s)/ Employer( s) performing construction work for the Project shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established or authorized by the Unions signatory hereto. The Contractor( s)/ Employer( s) shall have the right to reject any applicant referred by the Union( s), in accordance with the applicable Master Agreement.

8. 2 Contractor( s)/ Employer( s) shall have the unqualified right to select and hire directly all supervisors above the level of general foreman it considers necessary and desirable, without such persons being referred by the Union( s) ( unless such craft construction employee is covered by an existing Master Agreement).

8. 3 In the event that referral facilities maintained by the Union( s) are unable to fill the requisition of a Contractor/ Employer for employees within a forty-eight ( 48) hour period
Saturdays, Sundays and Holidays excluded) after such requisition is made by the City of Lathrop
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9 Contractor/ Employer, the Contractor/ Employer shall be free to obtain the worker( s) from any source. A Contractor/ Employer who hires a worker( s) to perform Covered Work for the Project pursuant to this section shall immediately provide the appropriate Union with the name and address of such worker( s) and shall immediately refer such worker( s) to the appropriate Union to satisfy the requirements of Article VII of this Agreement.

ARTICLE IX

WAGES AND BENEFITS

9. 1 The Contractors/ Employers agree to pay contributions to the vacation, pension and/ or other form of deferred compensation plan, apprenticeship, worker protection and assistance, and health benefit funds established by the applicable Master Agreement( s) for each hour worked on the Project, in the amounts designated in the Master Agreement( s) of the applicable local Union( s).

9. 2 By signing this Agreement, the Contractors/ Employers adopt and agree to be bound by the written terms of the legally established Trust Agreements described in Section 9. 1, which may from time to time be amended, specifying the detailed basis on which payments are to be made into, and benefits paid out of, such Trust Funds. The Contractors/ Employers authorize the parties to such local Trust Agreements to appoint trustees and successor trustees to administer the Trust Funds and hereby ratify and accept the trustees so appointed as if made by the Contractors/ Employers. The Contractors/ Employers agree to execute a separate subscription agreement( s) when such Trust Fund( s) requires such document( s).

9. 3 Wages, Hours, Terms and Conditions of Emplo ent: The wages, hours and other terms and conditions of employment on the Project shall be governed by the Master Agreement of the respective craft, to the extent such Master Agreement is not inconsistent with this Agreement.

Where a subject is covered by the Master Agreement and not covered by this Agreement, the Master Agreement will prevail. When a subject is covered by both the Master Agreement and this Agreement, to the extent there is any inconsistency, this Agreement will prevail.

9. 4 Holida Holidays shall be as set forth in the applicable Master Agreement.

ARTICLE X

APPRENTICES

10. 1 Recognizing the need to develop adequate numbers of competent workers in the construction industry, the Contractors/ Employers shall employ apprentices from state- approved Joint Labor-Management Apprenticeship Programs in the respective crafts to perform such work as is within their capabilities and that is customarily performed by the craft in which they are indentured.

10. 2 The apprentice ratios will be in compliance with the provisions of the California Labor Code and the applicable state prevailing wage determination.

10. 3 Consistent with the Master Agreements, there shall be no restriction on the utilization of apprentices in performing the work of their craft, provided they are properly supervised.

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10 ARTICLE XI

LOCAL HIRE AND WORKFORCE DEVELOPMENT PROGRAM

11. 1 The objective of the City in creating this Local Hire and Workforce Development Program is to enhance and encourage employment opportunities for Lathrop residents and to enable effective construction career pathways for Local Area Residents through state- approved Joint Labor-Management Apprenticeship Programs. To that end, as part of the Agreement, the City establishes goals for the hiring, training and retention of Local Area Residents.

11. 2 Local Hire: The City establishes the following Local Hire goals and commitments.

11. 2. 1 The parties agree to make a good faith effort to refer on a priority basis, consistent with the non- discriminatory referral procedures of the applicable Union hiring hall, qualified and available Local Area Residents for Project work. The parties agree to a goal that City residents shall perform a minimum of fifty percent ( 50%) of the hours worked on the Project by the Contractors' total construction workforce. In the event that a sufficient number of City residents are not available to fulfill the fifty percent ( 50%) local hire requirement, the next tier of residents shall come from anywhere in San Joaquin County. The Contractor( s) shall make good faith efforts to reach this goal through the utilization of the Unions' hiring hall procedures. The Unions shall exercise their best efforts in the recruitment and training of City residents and in utilizing their hiring hall procedures to facilitate this goal.

11. 2. 2 The parties also recognize and support the City' s commitment to provide opportunities for participation on the Project to businesses located in the City of Lathrop. In furtherance of this commitment, the parties agree that Contractors who are not signatory to a Master Agreement but who have their principal place of business in the City may utilize their core" employees as follows.

The Contractor may request by name, and the local Union will honor, referral of the Contractor' s " core" employees who have applied to the local Union for Project work, and who demonstrate the following qualifications:
i. possess any license required by state or federal law for the Project work to be performed;
ii. have worked a total of at least two thousand ( 2, 000) hours in the construction craft during the prior two ( 2) years;
iii. were on the Contractor' s active payroll far at least ninety( 90) out of the one hundred and twenty ( 120) calendar days prior to the contract award; iv. have the ability to perform safely the basic functions of the applicable trade; and
v. are City residents.

The Union will refer to such Contractor one journeyperson employee from the hiring hall out-of-work list for the affected trade or craft, and then will refer one of such Contractor' s " core" employees as a journeyperson, and shall repeat the process, one and one, until such Contractor' s crew requirements have been met or until such Contractor has hired five ( 5) " core" employees, City of Lathrop
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11 whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out- of-work list( s). For the duration of the Contractor' s work, the ratio shall be maintained and when the Contractor' s workforce is reduced, employees shall, be reduced in the same ratio of" core" employees to hiring hall referrals as was applied in the initial hiring.

The Contractor shall notify the appropriate Union of the name and social security number of each " core" employee and each " core" employee shall register with the Union' s hiring hall and comply with Article VII before commencing Project work. If there is any question regarding an employee' s eligibility, the City, at a Union' s request, shall obtain satisfactory proof of such from the Contractor.

11. 3 Workforce Development Pro ram:

11. 3. 1 Recognizing the need to develop adequate numbers of competent workers in the construction industry, the Contractor( s)/ Employer( s) shall employ apprentices enrolled in a state- approved Joint Labor-Management Apprenticeship Program in the respective crafts to perform such work as is within their capabilities and which is customarily performed by the craft in which they are indentured. Apprentice ratios will be in compliance with the applicable provisions of the California Labor Code and Prevailing Wage Rate Determination.

11. 3. 2 The parties agree to a goal that fifty percent ( 50%) of apprentices employed on the Project shall be residents of the City or other Local Area Residents. If sufficient numbers of City residents are not available, then a good faith effort will be made to utilize residents of San Joaquin County. All apprentices referred to Contractors under this Agreement shall be enrolled in state- approved Joint Labor- Management Apprenticeship Programs. Subject to any legal restrictions, the parties agree to a goal that apprentices will perform twenty percent ( 20%) of the total craft hours worked on the Project unless an applicable Master Agreement provides for a greater percentage. The Unions agree to cooperate with the Contractors in furnishing apprentices as requested and they shall be properly supervised and paid in accordance with the provisions of the applicable Master Agreement.

11. 3. 3 The Contractors and Unions shall make good faith efforts to reach the apprenticeship goals set forth in this Section 11. 3 through the utilization of normal hiring hall and apprentice procedures and, when appropriate, the identification of potentially qualified apprentices through community- based organizations working in collaboration with the apprentice programs.

The Unions are committed to working with the Contractors and community based organizations to achieve these goals. At least annually, the Unions and the City will each conduct a Community Career Fair to provide at- risk youth, veterans and others an opportunity to learn about each craft and the process for entering their apprenticeship program.

11. 4 Good Faith Efforts: Contractors must take the following good faith steps to demonstrate they have made every effort to reach the Local Hire and Workforce Development Program goals of the City. Contractors shall attend scheduled mark- up meetings held under this Agreement and shall submit written workfarce projections and projected work hours on a craftby- craft basis.

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12 11. 4. 1 Within seven ( 7) calendar days after receiving a Notice to Proceed, each Contractor shall meet with the Unions and the City to present its plan for reaching the Local Hire and Workforce Development Program goals.

11. 4.2 Each Contractor shall notify the Project Manager by U.S. Mail or e- mail if a Union hiring hall cannot, upon request, dispatch Local Area Residents to the Project. It shall be the responsibility of the Contractor or subcontractor to retain all evidence of such good faith efforts.

11. 4. 3 The Contractors may use " name call," " rehire," or other available hiring hall procedures to reach the goals of this Article.

11. 5 Enforcement, Compliance, and Reportin:

11. 5. 1 Contractors will be required to submit weekly certified payroll records to the City along with monthly workforce utilization reports documenting the Contractor' s compliance with the requirements described in this Article. At a minimum, the monthly reports must include: 1) data on City and Local Area Resident work hour utilization on the Project; and 2) documentation showing any requests made to the Union dispatchers for City and Local Area Residents and the Union' s response to the request.

11. 5. 2 City staff shall monitor the operation of the Local Hire and Workforce Development Program and shall consider allegations of noncompliance with the goals stated in this Article. If there is a determination by the City that a Contractor has not complied with the goals or demonstrated good faith efforts to do so, the City and the Contractor shall meet and confer in order to identify necessary actions to resolve the issue and ensure a good faith effort to achieve the objectives of this Article.

11. 5. 3 Upon request, the City shall provide the Council with the workforce utilization reports submitted by Contractors on the Project.

ARTICLE XII

HELMETS TO HARDHATS

12. 1 The Contractors/ Employers and Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The ContractorsBmployers and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment( hereinafter" Center") and the Center' s " Helmets to Hardhats" program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties.

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13 122 The Unions and Contractors/ Employers agree to coordinate with the Center to participate in an integrated database of veterans interested in working on the Project and of apprenticeship and employment opportunities for this Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.

ARTICLE XIII

COMPLIANCE

13. 1 It shall be the responsibility of the Contractors/Employers and Unions to investigate and monitor compliance with the provisions of Article IX of this Agreement. Nothing in this Agreement shall be construed to interfere with or supersede the usual and customary legal remedies available to the Unions and/ or employee benefit Trust Funds to collect delinquent Trust Fund contributions from Contractors/ Employers on the Project. Because the Project is a public work subject to the California Labor Code, the City will monitor and enforce compliance with state prevailing wage requirements as well as the Contractors/ Employers' compliance with this Agreement.

ARTICLE XIV

GRIEVANCE ARBITRATION PROCEDURE

14. 1 Project Labor Disputes: All disputes involving the application or interpretation of a Master Agreement to which a Contractor/Employer and a Union are parties shall be resolved pursuant to the resolution procedures of the Master Agreement. All disputes relating to the interpretation or application of this Agreement, other than disputes under Article IV and Article XV, shall be subject to resolution by the grievance arbitration procedures set forth in this Article.

14. 2 Emplovee Discipline: All disputes involving the discipline andlor discharge of an employee working on the Project shall be resolved through the grievance and arbitration provisions contained in the Master Agreement for the craft of the affected employee. No employee working on the Project shall be disciplined or discharged without just cause.

14. 3 No grievance shall be recognized unless the grieving party ( Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a Contractor/ Employer on its own behal provides notice in writing to the party with whom it has a dispute within five ( 5) business days after becoming aware of the dispute but in no event more than thirty ( 30) business days after it reasonably should have become aware of the event giving rise to the dispute. Time limits may be extended by mutual agreement of the parties.

14. 4 Grievances shall be settled according to the following procedures:

Step 1: Within five ( 5) business days after the receipt of the written notice of the grievance, the representative of the involved Union or District Council, or his/ her designee, and the representative of the involved Contractor/ Employer, shall confer and attempt to resolve the grievance.

Step 2: If the grievance is not resolved at Step 1, within five ( 5) business days of the Step 1 meeting or the conclusion of efforts to resolve the grievance at Step 1, the alleged grievance may be referred in writing by either involved party to the Business Manager( s) of the affected Union( s) involved and the Labor Relations Manager of the Contractor/ Employer, or the City of Lathrop
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Contractor/ Employer' s designated representative, for discussion and resolution. This time limit may be extended by mutual consent of both parties. Regardless of which party has initiated the grievance, the Union shall notify its International Union representative prior to the Step 2 meeting, and the International Union representative shall advise if it intends to participate in the Step 2 meeting. The Project Manager and the Council shall have the right to participate in any efforts to resolve the dispute at Step 2.

Step 3: If the grievance is not resolved at Step 2, either party may request the dispute be submitted to arbitration within five ( 5) business days of the Step 2 meeting or the conclusion of efforts to resolve the grievance at Step 2. This time limit may be extended by mutual consent of both parties. Within five ( 5) business days after referral of a dispute to arbitration, the representatives shall notify the permanent arbitrator designated in Article IV, or if not available, the alternate arbitrator designated in Article IV, for final and binding arbitration. If the permanent arbitrator or the alternate is not available, an arbitrator shall be selected by the alternate striking method from the list of three ( 3) below. The order of striking names from the list of arbitrators shall be determined by a coin toss, the winner of which shall decide whether they wish to strike first or second.

1. William Riker

2. Morris Davis

3. Carol Vendrillo

14. 5 The decision of the Arbitrator shall be final and binding on all parties. The Arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement. The expense of the Arbitrator shall be borne equally by both parties. The Arbitrator shall arrange for a hearing on the earliest available date from the date of his/ her selection. A decision shall be given to the parties within five ( 5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the presiding Arbitrator.

14. 6 The time limits specified at any step of the grievance procedure may be extended by mutual agreement of the parties. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without an agreed upon extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing and/ or resolution of like ar similar grievances or disputes.

14. 7 In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this grievance procedure, the parties agree that such settlements shall not be precedent setting.

14. 8 Retention: At the time a grievance is submitted under this Agreement or any Master Agreement, the Union( s) may request that the City withhold and retain an amount from what is due and owing to the Contractor( s) against whom the grievance is filed, or its higher- tier Contractor, sufficient to cover the damages alleged in the grievance, should the Union( s) prevail.

The amount shall be retained by the City until such time as the underlying grievance giving rise to the retention is withdrawn, settled, or otherwise resolved, and the retained amount shall be paid to whomever the parties to the grievance shall decide, or to whomever an Arbitrator shall so order.

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15 14. 9 Should any of the arbitrators listed in this Article or Article IV no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.

ARTICLE XV

WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES

15. 1 The assignment of Covered Work will be solely the responsibility of the Employer performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of the Jurisdictional Disputes in the Construction Industry ( the " Plan") or any successor Plan.

15. 2 All jurisdictional disputes on this Project between or among the building and construction trades Unions and the Employers parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Employers and Unions parties to this Agreement.

15. 3 If a dispute arising under this Article involves the Northern California Carpenters Regional Council or any of its subordinate bodies, an Arbitrator shall be chosen by the procedures specified in Article V, Section 5 of the Plan from a list composed of John Kagel, Thomas Angelo, Robert Hirsch and Thomas Pagan, and the Arbitrator' s hearing on the dispute shall be held at the offices of the California State Building and Construction Trades Council in Sacramento, California, within fourteen ( 14) calendar days of the selection of the Arbitrator. All other procedures shall be as specified in the Plan.

15. 4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow- down of any nature, and the Employer' s assignment shall be adhered to until the dispute is resolved. Individual employees violating this section shall be subject to immediate discharge. Each Employer will conduct a pre-job conference with the Council prior to commencing work. The City and the Project Manager will be advised in advance of all such conferences and may participate if they wish. Pre-job conferences for different Employers may be held together.

ARTICLE XVI

MANAGEMENT RIGHTS

16. 1 Consistent with the Schedule A agreements, the Contractors/ Employers shall retain full and exclusive authority for the management of their operations, including the right to direct their work force in their sole discretion. No rules, customs or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees, except that lawful manning provisions in the Master Agreement shall be recognized.

ARTICLE XVII

DRUG AND ALCOHOL TESTING

17. 1 The use, sale, transfer, purchase and/ or possession of a controlled substance, alcohol and/ or firearms at any time during the work day is prohibited.

City of Lathrop
Community Workforce and Training Agreement
177
16 17. 2 Drug and alcohol testing shall be conducted in accordance with the substance abuse prevention policies set forth in the applicable Schedule A.

ARTICLE XVIII

SAVINGS CLAUSE

18. 1 The parties agree that in the event any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void, by a court of competent jurisdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word that will meet the objections to its validity and will be in accordance with its original intent.

18. 2 The parties agree that in the event a decision of a court of competent jurisdiction materially alters the terms of the Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null and void.

18. 3 If a court of competent jurisdiction determines that all or part of the Agreement is invalid and/ or enjoins the City from complying with all or part of its provisions and the City accordingly determines that compliance with this Agreement will not be required in order to perform work under a Construction Contract, the Unions will no longer be bound by the provisions of Article IV.

ARTICLE XIX
TERM

19. 1 This Agreement shall be included in the bid documents, requests for proposals, or other equivalent Project solicitations, which shall indicate that entering into this Agreement is a condition of the award of a Construction Contract( s) for the Project.

19. 2 This Agreement shall apply until the Completion of the Project in accordance with Sections 1. 4 and 2. 2.

ARTICLE XX

MISCELLANEOUS PROVISIONS

20. 1 This Agreement may be executed in counterparts, such that original signatures may appear on separate pages and when bound together all necessary signatures shall constitute an original. F ed or emailed signature pages transmitted to other parties to this Agreement shall be deemed the equivalent of original signatures.

20. 2 Each of the persons signing this Agreement represents and warrants that such person has been duly authorized to sign this Agreement on behalf of the party indicated, and each of the parties signing this Agreement warrants and represents that such party is legally authorized and entitled to enter into this Agreement.

City of Lathrop
Community Workforce and Training Agreement
17 178

20. 3 The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party' s draftsmanship thereof.

20.4 All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require.

SIGNATURE PAGE TO FOLLOW]
City of Lathrop
Community Workforce and Training Agreement
18 179

CITY OF LATHROP
B y: Date:

Name:
gy: Date:

Salvador Navarrete, City Attorney

SAN JOAQUIN BUILDING AND CONSTRUCTION
TRADES COUNCII.

By: Date:

Name:

City of Lathrop
Community Workforce and Training Agreement
19 180

UNION SIGNATURES
Bricklayers, Tilesetters and Allied Boilermakers, Loca1549 Craftworkers, Local 3
Carpenters Local 2236 Cement Masons, Loca1400
District Council 16, International Union of Heat and Frost Insulators and Allied Workers, Painters and Allied Trades Local 16
International Brotherhood of Electrical International Union of Elevator Constructors, Workers, Loca1595 Local 8
Iron Workers, Local 378 Laborers, Loca173
Millwrights Local 102 Operating Engineers, Loca13
Operative Plasterers and Cement Masons, Roofers and Waterproofers, Local 81 Local 300
Sheet Metal Workers, Local 104 Sign, Display and Allied Crafts, Loca1510 City of Lathrop
Community Workfarce and Training Agreement
20 181
Teamsters, Loca1439 United Association, Plumbers and
Steamfitters, Loca1442
United Association, Road Sprinkler Fitters, United Association, Underground Utility and Loca1669 Landscape Irrigation, Loca1355
City of Lathrop
Community Workforce and Training Agreement
21 182
Addendum A

AGREEMENT TO BE BOUND
Date]
Addressee]
Address]
Re: Agreement to be Bound by the City of Lathrop Community Warkforce and Training Agreement
Dear Mr./ Ms.

The undersigned confirms that it agrees to be a party to and bound by the City of Lathrop Community Workforce and Training Agreement (" Agreement"), as such Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms.

By executing this Agreement to be Bound, the undersigned subscribes to, adopts and agrees to be bound by the written terms of the legally established trust fund documents as set forth in Section 9. 1 of the Agreement, as they may from time to time be amended, specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such trust funds, and ratifies and accepts the trustees appointed by the parties to such trust funds. The undersigned agrees to execute a separate subscription agreement( s) for such trust funds when such trust fund( s) require( s) such document( s).

The obligation to be a party to and bound by the Agreement shall extend to all work covered by the Agreement undertaken by the undersigned. The undersigned shall require all of its subcontractors, of whatever tier, to become similarly bound for all their work within the scope of the Agreement by signing an identical Agreement To Be Bound.

This letter shall constitute a subscription agreement, to the extent of the terms of the letter.

PROJECT NAME:

CONTRACTOR/ SUBCONTRACTOR NAME:

California Contractor State License No. or Motor Carrier (CA) Permit No.:

Name of Authorized Person (print):

Signature of Authorized Person:

Title of Authorized Person:

Telephone Number of Authorized Person:

Address of Authorized Person:

State Public Works Registration Number:

IMAIVAGE\ 42003\ 0008\ 287114. v2- 7/ 18/ 22
City of Lathrop
Community Workforce and Training Agreement
183
22 184
ITEM 4. 10

CITY MANAGER' S REPORT
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AMENDMENT NO. 1 WITH WGR
SOUTHWEST, INC. FOR PHASE II SMALL MUNICIPAL

SEPARATE STORM SEWER SYSTEM PROGRAM, RCP
SD 22- 32 AND RELATED BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Approving Amendment No. i with WGR Southwest, Inc. to provide Support Services for
Phase II Small Municipal Separate Storm Sewer
System Program, Regulatory Compliance Program
RCP) SD 22- 32 and Related Budget Amendment
SUMMARY:

Approval of Amendment No. 1 with WGR Southwest, Inc. ( WGR) is requested to provide continued support services for the City' s National Pollutant Discharge Elimination System ( NPDES) Phase II Small Municipal Separate Storm Sewer Systems ( MS4) General Permit regulatory compliance program for Storm Drain ( SD) 22- 32.

Staff is requesting approval of Amendment No. 1 is for an amount not to exceed 105, 124 and is to be paid from the stormwater inspection fees collected during the building permit process.

Sufficient funds were not allocated in fiscal year 22/ 23 therefore, staff also requests approval of a budget amendment to transfer the funds to the Project.

BACKGROUND:

The current NPDES Phase II Small MS4 General Permit was adopted by the State Water Resources Control Board on February 5, 2013 and became effective on July 1, 2013. The permit requirements include inspection of small construction projects, defined as projects with less than one acre of soil disturbance) that are also required to submit project specific Erosion and Sediment Control Plans ( ESCPs) for the City to review. The City is also required to maintain an inventory of all the small construction projects.

Until recently, WGR has provided the City with comprehensive storm water permit compliance support services, which are now mostly administered by Public Works staff. In September 2021, the City entered into Professional Services Agreement PSA) with WGR for $61, 900 to provide Inspection Services related SD 22- 32 project.

Additional services are needed to continue updating and maintaining its Post Construction Storm Water Management Program and Inspection Services. The cost of Amendment No. 1 is for an amount not to exceed $ 105, 124. 185
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 1 WITH WGR SOUTHWEST, INC. FOR PHASE II RCP SD 22- 32 AND RELATED BUDGET AMENDMENT
REASON FOR RECOMMENDATION:

Approval of Amendment No. 1 with WGR will allow the City to comply with the NPDES Phase II Small MS4 General Permit for small construction project inspections and tasks related to administering the Post Construction Storm Water Management Program.

FISCAL IMPACT:

Funds approved in the City' s budget for the Storm Water Discharge Permit Compliance for Fiscal Year 2022- 2023 are insufficient to authorize the amendment with WGR and will need to be supplemented by allocating storm water inspection fees to the Storm Water Discharge Permit Regulatory Compliance Program SD 22- 32 through the following budget amendment:

Increase Appropriations
2020- 50- 03- 420- 01- 00 SD 22- 32 95, 316
Increase Revenue
2020- 50- 03- 341- 02- 03 SD 22- 32 95, 316
ATTACH M ENTS:

A. Resolution Approving Amendment No. 1 with WGR Southwest, Inc. to Provide Support Services for the National Pollutant Discharge Elimination System NPDES) Phase II Small Municipal Separate Storm Sewer Systems ( MS4) General Permit Regulatory Compliance Program ( RCP) SD 22- 32 and Related Budget Amendment
B. Amendment No. 1 with WGR Southwest, Inc. to provide Support Services for the National Pollutant Discharge Elimination System ( NPDES) Phase II Small Municipal Separate Storm Sewer Systems ( MS4) General Permit Regulatory Compliance Program ( RCP) SD 22- 32 and Related Budget Amendment 186
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 1 WITH WGR SOUTHWEST, INC. FOR NPDES PHASE 2 SMALL MS4 PERMIT SUPPORT SERVICES, RCP SD 22- 32 APPROVALS:
i'' 22 ?-oZ
Greg on Date
Senior Civil Engineer
Z/ 20L2
Brad ylor Date
City Engineer
tu c G 2" ZeZZ
Cari James Date
Finance Director
29 • 2o2Z
Michael Ki Date
Assistant City Manager

Y- Z ZL
Salvador Navarrete Date
City Attorney
Z
Ste en J. Salvatore Date
City Manager
187
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AMENDMENT NO. 1 WITH WGR SOUTHWEST, INC. TO PROVIDE

SUPPORT SERVICES FOR THE NATIONAL POLLUTANT DISCHARGE

ELIMINATION SYSTEM ( NPDES) PHASE II SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS ( MS4) GENERAL PERMIT REGULATORY
COMPLIANCE PROGRAM ( RCP) SD 22- 32 AND RELATED BUDGET

AMENDMENT
WHEREAS, the current NPDES Phase II Small MS4 General Permit was adopted by the State Water Resources Control Board on February 5, 2013 and became effective on July 1, 2013; and
WHEREAS, the permit requirements include inspection of small construction projects, ( defined as projects with less than one acre of soil disturbance) that are also required to submit project specific Erosion and Sediment Control Plans ( ESCPs) for the City to review; and
WHEREAS, the City is also required to maintain an inventory of all the small construction projects and to develop and maintain a Post Construction Storm Water Management Program under the permit requirements; and
WHEREAS, until recently, WGR has provided the City with comprehensive storm water permit compliance support services, which today are mostly administered by Public Works staff with the exception of small construction project inspections; and
WHEREAS, in September 2021, an agreement with WGR was approved to provide small construction project inspection support services from September 2021 through June 30, 2022; and
WHEREAS, a letter agreement was issued to extend the agreement for several months using the remaining budget, however, additional funding is needed to extend the services through ) une 2023; and
WHEREAS, the City has also requested WGR to help with additional tasks related to updating and maintaining its Post Construction Storm Water Management Program; and
WHEREAS, the cost for Contract Amendment No. 1 for WGR to provide these services is not to exceed $ 105, 124 based on the current volume of small construction projects and the current post- construction storm water management program; and WHEREAS, approval of the agreement with WGR will allow the City to remain in compliance with the NPDES Phase II Small MS4 General Permit for small construction project inspections and tasks related to administering the Post Construction Storm Water Management Program; and
188
WHEREAS, funds approved in the City' s budget for storm water discharge permit compliance for Fiscal Year 2022- 2023 are insufficient to authorize a contract amendment with WGR, and will need to be supplemented by allocating storm water inspection fees to the Storm Water Discharge Permit Regulatory Compliance Program SD 22- 32 through a budget amendment.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Contract Amendment No. 1 to the professional services agreement with WGR to provide small construction inspection and Post- Construction Storm Water Program administration support services for the Phase II Small MS4 General Permit for a cost not to exceed $ 105, 124 to be paid on an hourly basis from funds collected by the City for storm water inspection fees and allocated to the City' s Storm Water Discharge Regulatory Compliance Program SD 22- 32 in accordance with the following budget amendment:

Increase Appropriations
2020- 50- 03- 420- 01- 00 SD 22- 32 $ 95, 316
Increase Revenue
2020- 50- 03- 341- 02- 03 SD 22- 32 $ 95, 316
189
The foregoing resolution was passed and adopted this 12t'' day of September 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 190

ATTACHMENT
AMENDMENT NO. 1

TO THE AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING

SERVICES BETWEEN THE CITY OF LATHROP AND
WGR SOUTHWEST, INC.

PROVIDE SUPPORT SERVICES FOR THE NATIONAL POLLUTANT

DISCHARGE ELIMINATION SYSTEM ( NPDES) PHASE II SMALL
MUNICIPAL SEPARATE STORM SEWER SYSTEMS ( MS4) GENERAL
PERMIT REGULATORY COMPLIANCE PROGRAM ( RCP) SD 22- 32
This Amendment ( hereinafter " AMENDMENT NO. 1") to the agreement between WGR Southwest, Inc. and the City of Lathrop dated September 30, 2021 ( hereinafter AGREEMENT") dated for convenience this September 12, 2022, is by and between WGR Southwest, Inc. (" CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY");
RECITALS:

WHEREAS, CONSULTANT is specially trained, experience, and competent to perform Professional Consulting Services, which are required by this agreement; and WHEREAS, on September 30, 2021 CONSULTANT and CITY entered into an AGREEMENT to provide NPDES Small Construction Project Inspection support; and WHEREAS, CONSULTANT has provided the CITY with a scope of work attached as Exhibit " A" for AMENDMENT NO. 1 to continue NPDES Small Construction Project Inspection support services, in amount not to exceed $ 105, 124 through June 30, 2023- a- z
NOW, THEREFORE, CONSULTANT and CITY agree as follows;
AMENDMENT NO. 1 to AGREEMENT
1) Scope of Service. Section ( 1) of the AGREEMENT for Consulting is hereby amended to add the following:

CONSULTANT agrees to perform additional services in conformance with the scope of work and fee, submitted by the CONSULTANT, attached hereto as Exhibit " A" and incorporated fully herein by this reference. The aforementioned work is in addition to the scope of work in the original AGREEMENT dated September 30, 2021 for Professional Consulting Services. The scope of work is hereby amended by adding Exhibit " A" attached hereto. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and the CITY' S satisfaction.

191
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH WGR

SOUTHWEST, INC TO PROVIDE SUPPORT SERVICES FOR THE NPDES PHASE II SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS ( MS4) SD 22-32 2) Compensation. Section ( 2) of the AGREEMENT for Consulting Services is hereby amended as follows:

CITY hereby agrees to pay CONSULTANT an additional sum not to exceed 105, 124 for the Professional Consulting Services set forth in Exhibit " A" of this AMENDMENT NO. 1. CONSULTANT shall be paid within thirty ( 30) days of receipt of progress billings containing all information contained in Paragraph 5 of the original AGREEMENT. In no event shall CONSULTANT be entitled to compensation for work not included in the original scope of work, and this AMENDMENT NO. 1 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. Section ( 3) of the AGREEMENT for Consulting is hereby amended as follows:

The effective date of AMENDMENT NO. 1 is September 12, 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 September 30, 2021 are still in effect and are incorporated by reference herein and said AGREEMENT is incorporated by reference herein.

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.

192
CITY OF LATHROP — CONSULTING SERVICES AGREEMENT WITH WGR

SOUTHWEST, INC TO PROVIDE SUPPORT SERVICES FOR THE NPDES PHASE II SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS ( MS4) SD 22- 32 Approved as to Form: City of Lathrop
City Attorney
y- LL
Sa vador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Pru. e
Bv
City Manager
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
CONSULTANT: WGR Southwest, Inc.
11780 N Hwy 99
Lodi, CA 95240
Signature Date
Print Name and Title)
Page3of3
193
EXHIBIT• •
rror tbu. ryprtot co, asalmr r
AUgUSt 9, 2022
Mr. Gregory W. Gibson
City of Lathrop
390 Towne Center Dr.

Lathrop, CA 95330
RE: E. lO. c Small Construction Project Inspection Support and E. 12. i & E. 12. h Operation & Maintenance Self Certification Letter and Post- Construction Inventory Support Dear Mr. Gibson,
WGR Southwest, Inc. ( WGR) is pleased to bring you this proposal to provide support for the City' s Phase II MS4 Storm Water Program tasks. Specifically, the City has reyuested support for inspecting small Erosion and Sediment Control Plan ( ESCP) projects for Building Permits, provide additional support as needed to coordinate inspections, update construction inventories, and assist in noncompliance matters, to assist in drafting annual O& M Self Certification letters, and update and maintain the Post- Construction BMP Inventory.

E. lO. c Small Construction Project Inspection Support:

WGR proposes a unit- cost of $ I55/ inspection to perform pre- construction, post- construction, and follow- up inspections required by the Phase II MS4 Permit at small (< 1 acre of soil disturbance) construction projects. The number of inspections ( presented in Attachment A) are estimated based on the level of supported indicated by the City and current volume of active small construction projects.

GR has revie ed ihe number f inspectiuns performed fi om 3anuac}' 2022 to June ? 022 as a basis for the estimate.

Under the " Additional Support" category, we estimate a maximum of two hours a week at an hourly staff rate of $12]/ hour to provide support for updating the construction inventory and coordinating inspections with applicants and staff as needed.

E. 12. i & E. 12. h Support( Annual Self Certification Letters and Post Construction Inventory):

The City has requested support in updating and maintaining the Post Construction Standards Plan( PSP) inventory with the current owner Operations and Maintenance ( O& M) agreements. WGR will need to meet with staff to review development projects within the past few years, ensure copies of all maintenance agreements are available, ensure information on agreements is relevant, assist in updating agreement information if necessary, and update City files and spreadsheets with the current, relevant information.

Additionally, the City has requested assistance in drafting the 2022- 2023 Annual Self-Certification Letters and maintaining the self-certification database spreadsheet once responses have been received.

A second and third lettei• may need to be issued for certain owners if no response is received.

WGR Southwest, Inc.
11780 N. Hwy 99 Lodi, CA 95240•( 209) 334- 5363 ext. 119 • jsonner@wgr- sw. com 194
E. lO. c, E. 12. i& h Storm Water Compliance Support Proposal City of Lathrop

WGR proposes a T& M-based cost approach for the E. 12. i & h program support. WGR estimates approximately 48 hours at the Compliance Specialist rate of$121/ hour and 40 hours at the Compliance Technician Rate of$ 100/ hour( a not-to- exceed cost of$ 9, 808. 00).

Please see Attachment A for the cost estimate.

We thank you for this additional opportunity to serve you. If I can answer any questions concerning our proposal or the permit requirements, please do not hesitate to call me or to schedule a meeting to discuss the proposed scope of work.

Respectfully,
WGR Southwest, Inc.

Jonah Sonner, QSP, C1SEC
Municipal Programs Manager&
Compliance Specialist
209) 334- 5363, ext. 119
j
sonner@wgr- sw. com
195
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ITEM 4. 11

CITY MANAGER' S REPORT
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AMENDMENT NO. 1 TO THE PUBLIC

INFRASTRUCTURE CREDIT AND REIMBURSEMENT

AGREEMENT RELATING TO THE CENTRAL LATHROP

SPECIFIC PLAN AREA
RECOMMENDATION: Adopt Resolution Approving Amendment No. 1 to the Public Infrastructure Credit and Reimbursement
Agreement with Saybrook Fund Investors, LLC and
Lathrop Land Acquisition, LLC relating to the Central
Lathrop Specific Plan Area
SUMMARY:

The City of Lathrop adopted the Central Lathrop Specific Plan ( CLSP) in 2004. The City has been working with Saybrook Fund Investors, LLC and Lathrop Land Acquisition LLC ( collectively referred to as " Saybrook") to complete infrastructure improvements which will be eligible for credit or reimbursement.

On July 11, 2022, City Council adopted the West/ Central Transportation and Central Lathrop Specific Plan Capital Facility Fee Update Studies to incorporate infrastructure constructed by Saybrook, including traffic signals, parks, storm drain improvements and a water tank. Amendment No. 1 to the Public Infrastructure Credit and Reimbursement Agreement (" Agreement") provides the mechanism for the City to reimburse Saybrook for the cost of these improvements.

Staff recommends that Council adopt a resolution approving Amendment No. 1 to the Public Infrastructure Credit and Reimbursement Agreement with Saybrook Fund Investors, LLC and Lathrop Land Acquisition, LLC relating to the CLSP area.

BACKGROUND:

The City of Lathrop adopted the Central Lathrop Specific Plan ( CLSP) in 2004. The City prepared and certified an Environment Impact Report ( EIR) for the project and adopted a Mitigation Monitoring Program. The City also approved a Development Agreement ( DA) with Richland Planned Communities (" Richland") in 2004. The DA establishes development rights and governs the relationship between the City and Richland. In 2011, Richland relinquished its rights under the DA pursuant to a settlement agreement. In 2016, the City approved the assignment of the DA to Saybrook along with an amendment. The proposed Amendment No. 1 is consistent with the DA assignment to Saybrook and does not substantially alter the rights and obligations previously agreed to.
197
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 1 TO THE PUBLIC INFRASTRUCTURE CREDIT

AND REIMBURSEMENT AGREEMENT RELATING TO THE CLSP AREA
On July 11, 2022, City Council adopted the West/ Central Transportation and Central Lathrop Specific Plan Capital Facility Fee Update Studies to incorporate infrastructure constructed by Saybrook including traffic signals, parks, storm drain improvements and a water tank. Amendment No. 1 to the Agreement provides the mechanism for the City to reimburse Saybrook for the cost of these improvements.

The City imposes impact fees upon new development in the CLSP area that benefit from the infrastructure improvements constructed by Saybrook. A schedule of CLSP impact fees applicable to any project in the CLSP area is included as Exhibit B of Attachment B. The proposed Amendment No. 1 will help ensure timely collection and payment of reimbursements to Saybrook prior to the issuance of a building permit.

REASON FOR RECOMMENDATION:

Amendment No. 1 to the Public Infrastructure Credit and Reimbursement Agreement will provide an updated accounting of the constructed improvements and the mechanism for which the fees are collected and reimbursed to Saybrook.

FISCAL IMPACT:

There is no fiscal impact to the City. All staff time associated with the preparation of the agreement has been paid by Saybrook.

ATTAC H M E NTS:

A. Resolution Approving Amendment No. 1 to the Public Infrastructure Credit and Reimbursement Agreement with Saybrook CLSP, LLC and Lathrop Land Acquisition, LLC relating to the Central Lathrop Specific Plan Area B. Amendment No. 1 - Public Infrastructure Credit and Reimbursement Agreement Saybrook Fund Investors, LLC and Lathrop Land Acquisition, LLC
198
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
APPROVE AMENDMENT NO. 1 TO THE PUBLIC INFRASTRUCTURE CREDIT

AND REIMBURSEMENT AGREEMENT RELATING TO THE CLSP AREA
APPROVALS:
9 2vZ2
Brad ylor Date
City Engineer
t aCari James Date
Finance Dir tor
8 3t 2oZz
Michael King Date
Assistant City Manager
r - -- zZ
Salvador Navarrete Date
City Attorney
1 ' - 4•(o 2Z
Stephen J. Salvatore Date
City Manager
199
RESOLUTION NO. 22 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AMENDMENT NO. 1 TO THE PUBLIC INFRASTRUCTURE CREDIT AND

REIMBURSEMENT AGREEMENT WITH SAYBROOK FUND INVESTORS, LLC AND

LATHROP LAND ACQUISITION, LLC RELATING TO THE CENTRAL LATHROP

SPECIFIC PLAN AREA
WHEREAS, the City of Lathrop adopted the Central athrop Specific Plan CLSP) in 2004; and
WHEREAS, in 2004 and approved a Development Agreement ( DA) with Richland Planned Communities (" Richland"), the DA establishes development rights and governs the relationship between the City and Richland; and WHEREAS, in 2011 Richland relinquished its rights under the DA pursuant to a settlement agreement; and
WHEREAS, in 2016 the City approved the assignment of the DA to Saybrook CLSP, LLC and Lathrop Land Acquisition LLC ( Saybrook") along with an amendment; and
WHEREAS, the City has been working with Saybrook to complete infrastructure improvements which will be eligible for credit or reimbursement; and WHEREAS, Amendment No. 1 for the Public Infrastructure Credit and Reimbursement Agreement will provide a simple and current statement of credits and reimbursements and provide detail as to the mechanisms for the application of credits and payment of reimbursements to Saybrook as the project moves forward; and
WHEREAS, on July 11, 2022, City Council adopted the West/ Central Transportation and Central Lathrop Specific Plan Capital Facility Fee Update Studies to incorporate infrastructure constructed by Saybrook including traffic signals, parks, storm drain improvements and a water tank; and
WHEREAS, there is no fiscal impact to the City, all staff time associated with the preparation of the agreement has been paid by Saybrook; and WHEREAS, staff recommends that Council approve Amendment No. 1 to the Public Infrastructure Credit and Reimbursement Agreement with Saybrook Fund Investors, LLC and Lathrop Land Acquisition, LLC relating to the CLSP area.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the Amendment No. 1 to the Public Infrastructure Credit and Reimbursement Agreement with Saybrook Fund Investors, LLC and Lathrop Land Acquisition, LLC relating to the Central Lathrop Specific Plan Area. 200
The foregoing resolution was passed and adopted this 12t'' day of September 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 201

ATTACHMENT
M 2 t

FIRST AMENDMENT TO PUBLIC INFRASTRUCTURE CREDIT AND

REIMBURSEMENT AGREEMENT RELATING TO THE CENTRAL LATHROP

SPECIFIC PLAN AREA
This First Amendment to Public Infrastructure Credit and Reimbursement Agreement Relating to the Central Lathrop Specific Plan Area (" First Amendment"), is made and entered into this _ day of 2022 (" Effective Date") by and between the City of Lathrop, a municipal corporation of the State of California (" City"), Saybrook CLSP, LLC, a Delaware limited liability company (" Saybrook CLSP"), and Lathrop Land Acquisition, LLC, a Delaware limited liability company (" Lathrop Land") ( Saybrook CLSP and Lathrop Land are collectively referenced herein as " Developer"). City and Developer may be collectively referred to herein as the " Parties" or individually as a " Party".

RECITALS
A. Parties entered into Public Infrastructure Credit and Reimbursement Agreement Relating to the Central Lathrop Specific Plan Area ( the " AgreemenY') on March 9, 2020.

B. Developer deposited with the City $ 180, 000. 00 on November 24, 2019 to meet conditions of approval relating to traffic signal at Golden Valley Parkway and Spartan Way in order to record Tracts 3808, 3809, 3810, 3811, and 3812 small lot final maps.

C. City accepted the improvements of Phase lA Neighborhood Park through the adoption of Resolution 20- 4757 on July 13, 2020. Developer paid $ 1, 611, 737. 00 to construct the improvements.

D. City accepted the improvements of Central Lathrop Specific Plan Water Tank, Booster Pump Station, and Stanford Crossing Improvements through the adoption of Resolution 21- 4896 on June 14, 2021. Developer paid $ 6, 895, 930.70 to construct the improvements.

E. City accepted the improvements of Watershed 2 and Watershed 4 through the adoption of Resolution 21- 4939 on August 9, 2021. Developer paid$ 3, 162, 643. 00 to construct the improvements.

F. Ciry accepted the improvements of Traffic Signal at Golden Valley Parkway and Stanford Crossing through the adoption of Resolution 21- 4974 on October 11, 2021. Developer paid $448, 366. 00 to construct the improvements.

G. City accepted the improvements of Phase 1B Neighborhood Park through the adoption of Resolution 22- 5025 on February 14, 2022. Developer paid$ 1, 710,449. 60 to construct the improvements.

H. Parties wish to amend Exhibit D of the Agreement to include amounts recoverable as identified in the corresponding CFF studies referenced. The revised Exhibit D contains facilities that have been completed by the Developer and accepted by the City since the Agreement was executed.

L Parties wish to amend Exhibit F of the Agreement to revise list of anticipated future facilities.

THEREFORE, City and Developer agree to amend the Agreement as follows:
1 202

AMENDMENT

1. Exhibit D. The attached " Exhibit D — (REVISED") shall replace the Exhibit D in the original Agreement. " Exhibit D — ( REVISED)" amends new reimbursable totals that incorporate further reimbursements; as originally identified for reimbursement in Exhibit D.

2. Exhibit F. The attached" Exhibit F—( REVISED)" shall replace the Exhibit F in the original Agreement to revise the anticipated future facilities.

IN WITNESS WHEREOF, the Parties have entered into this First Amendment effective upon City Council approval.

CITY: DEVELOPER:

CITY OF LATHROP, a California Saybrook CLSP, LLC, a Delaware limited municipal corporation liability company
By: Saybrook Fund Investors, LLC
its Managing Member
By:

Stephen J. Salvatore
Ciry Manager
B y:

ATTEST: Jeffrey M. Wilson, Officer
City Clerk of and for the City of Lathrop,
State of California Lathrop Land Acquisition, LLC, a
Delaware limited liability company
By: Saybrook Fund Investors, LLC
By: its Managing Member
Teresa Vargas
City Clerk
APPROVED AS TO FORM: By:

Jeffrey M. Wilson, Officer
By:

Salvador Navarrete
City Attorney
2 203
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206
ITEM 4. 12

CITY MANAGER' S REPORT
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE THE RELOCATION OF RIVER PARK

NORTH AND APPROVE THE NAMING OF TWO

NEW PARKS
RECOMMENDATION: Adopt a Resolution to Relocate River Park North and Approve the Naming of two New
Neighborhood Parks in Central Lathrop as
Lions Park and Rotary Park
SUMMARY:

The Parks and Recreation Commission has reviewed and is recommending City Council adopt a resolution to approve the relocation of River Park North from 16001 South Lathrop Road to the 1C Neighborhood of Central Lathrop, approximately 0. 5 miles away. The Parks and Recreation Commission also reviewed and recommends the two new parks located in Central Lathrop be named Rotary Park" bounded by Tern Drive and Shearwater Road in the 1B Neighborhood of Central Lathrop and Lions Park" bounded by Hedges Street and Salinas River Street in the 1B Neighborhood of Central Lathrop.

BACKG ROU N D:

River Park North currently is located at 16001 South Lathrop Road in Central Lathrop.

The Parks, Recreation and Maintenance Services Department is proposing to relocate this park 0. 5 miles away from its original location due to levee construction which removed the current River Park North park location.

The proposed Rotary Park" located in a new Central Lathrop Neighborhood Park is an approximately 5. 09- acre park site. The Parks and Recreation Commission is proposing to name this park after the Lathrop Sunrise Rotary. For 20 years the Lathrop Sunrise Rotary has been focused on making a difference in the Lathrop community. The Rotary participates in service projects including a school supply giveaway, providing Thanksgiving meals to those in need, participating in City events and sponsoring speech contests and scholarships for graduating high school seniors among numerous other projects. The members of the Lathrop Sunrise Rotary Club are both supportive and excited at the proposal of a neighborhood park being named after the Rotary.

The proposed " Lions Park" is located in a new Central Lathrop Neighborhood Park and is an approximately 5. 01- acre park site. The Parks and Recreation Commission is proposing to name this park location after the Lathrop Lions Club. The Lathrop Lions Club focuses on serving the Lathrop Community. The Lathrop Lions Club participates in numerous City events, food drives, packing boxes for deployed troops, providing scholarships to high school students, and other community service projects. The members of the Lathrop Lions Club are both supportive and excited at the proposal of a neighbor hard park being named after the Lions.
207
CITY MANAGER REPORT PAGE 2
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING

RELOCATE RIVER PARK NORTH AND NAMING OF TWO NEW PARKS
RECOMMENDATION:

Adopt a Resolution Approving the Relocation of River Park North and Approving the Naming of two New Neighborhood Parks in Central Lathrop as Lions Park and Rotary Park.

FISCAL IMPACT:

No fiscal impact.

ATTACH M ENTS:

A. A Resolution of the City Council of the City of Lathrop approving the Relocation of River Park North and approving the Naming of two new Neighborhood Parks in Central Lathrop as Lions Park and Rotary Park.

B. Park Location Map Presentation
208
CITY MANAGER REPORT PAGE 3
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING

RELOCATE RIVER PARK NORTH AND NAMING OF TWO NEW PARKS
APPROVALS:
t$• 22
Tod Sebastian Date
Director - Parks, Recreation, and Maintenance Services
r ur( c b Z' S Zt
Cari James Date
Director - Finance
l k ` o ZZ
Salvador Navarrete Date
City Attorney
9 fo- ZZ
Step Salvatore Date
City Manager
209

ATTACHMENT A
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO

APPROVE THE RELOCATION OF RIVER PARK NORTH AND APPROVE THE

NAMING OF TWO NEW NEIGHBORHOOD PARKS IN CENTRAL LATHROP AS

LIONS PARK AND ROTARY PARK
WHEREAS, River Park North currently is located at 16001 South Lathrop Road in Central Lathrop; and
WHEREAS, the Parks, Recreation and Maintenance Services Department is proposing to relocate this park . 5 miles away from its original location due to the levee construction which removed the current River Park North park location; and WHEREAS, the proposed named Rotary Park located in a new Central Lathrop Neighborhood Park is an approximately 5. 09- acre park site; and WHEREAS, the Parks and Recreation Commission is proposing to name this park after the Lathrop Sunrise Rotary; and
WHEREAS, for 20 years the Lathrop Sunrise Rotary has been focused on making a difference in the Lathrop community; and
WHEREAS, the Rotary participates in service projects including a school supply giveaway, providing Thanksgiving meals to those in need, participating in City events and sponsoring speech contests and scholarships for graduating high school seniors among numerous other projects; and
WHEREAS, the members of the Lathrop Sunrise Rotary Club are both supportive and excited at the proposal of a neighborhood park being named after the Rotary; and
WHEREAS, the proposed named Lions Park is located in a new Central Lathrop Neighborhood Park is an approximately 5. 01- acre park site; and WHEREAS, the Parks and Recreation Commission is proposing to name this park location after the Lathrop Lions Club; and
WHEREAS, the Lathrop Lions Club focuses on serving the Lathrop Community; and
WHEREAS, the Lions Club participates in numerous City events, food drives, packing boxes for deployed troops, providing scholarships to high school students, and other community service projects; and
WHEREAS, the members of the Lathrop Lions Club are both supportive and excited at the proposal of a neighbor hard park being named after the Lions; and 210
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the Relocation of River Park North as detailed in the park location map presentation and approving the naming of two new neighborhood parks in Central Lathrop as Lions Park and Rotary Park as detailed in the park location map presentation.
211
The foregoing resolution was passed and adopted this 12th day of September, 2022, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 212

ATTACHMENT B
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ITEM 4. 13

CITY MANAGER' S REPORT
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
RTC CONSTRUCTION MANAGEMENT, INC. DBA R. L.

FRIEND CONSTRUCTION, INC. FOR WATER SYSTEM
REPAIRS, CIP PW 21- 07
RECOMMENDATION: Adopt Resolution Accepting Public Improvements Constructed by RTC Construction Management, Inc.
dba R. L. Friend Construction, Inc. for Water System
Repairs CIP PW 21- 07, Authorize the Filing of a
Notice of Completion, Release of Contract Retention,
and Release of Performance and Payment Bonds
SUMMARY:

The Water System Repairs Capital Improvement Project ( CIP) PW 21- 07 ( Project) was created to install a water main pipeline, service laterals, and water valve repairs throughout the City' s water system network. RTC Construction Management, Inc. dba R. L. Friend Construction, Inc. ( R. L. Friend Construction, Inc.) has completed the construction of the Project. Staff has inspected the improvements and has deemed these improvements complete and in accordance with the approved plans and specifications.

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

Staff is requesting City Council accept the improvements constructed by R. L. Friend Construction, Inc. for the Water System Repairs, CIP PW 21- 07. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to R. L. Friend Construction, Inc. for $ 62, 774 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

BACKGROUND:

The City' s Water System Master Plan ( WSMP) identified areas in the City' s water system network that needed replacement and repair to improve system reliability and performance, including several deficient water system valves and fittings. The Project scope also included upsizing a section of the water main located on J Street to 12" and an existing 12" transmission main for Booster Pump Station and Tank No. l (BPS- 1) to 16" to improve system performance.
227
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY RTC CONSTRUCTION MANAGEMENT, INC. DBA R. L. FRIEND CONSTRUCTION, INC. FOR WATER SYSTEM REPAIRS, CIP PW 21- 07
On June 14, 2021, City Council awarded a construction contract to R. L. Friend Construction, Inc. for the construction of these improvements. The awarded contract was for $ 1, 084, 300, and a 10% construction contingency of$ 108, 430 was authorized for staff to use as necessary to achieve the goals of the Project. The total construction budget for the project was $ 1, 192, 730.

During construction, additional contract change orders were issued for a final contract amount of $ 1, 192, 700. The construction costs referenced below capture all expenditures.

Construction costs are as follows:

A. Construction Contract 1, 084, 300
B. Additional Change Orders 108, 400
Total Construction Costs 1, 192, 700
Upon acceptance of the improvements, the performance bond ( Bond No. 2318906, 14, 343) and payment bond ( Bond No. 2318906) will be released and replaced with a one- year warranty bond ( Bond No. 2318908, $ 119, 273). The one- year warranty bond covers any repairs or replacements that may become necessary during the oneyear period beginning with this acceptance due to any defective materials or workmanship in connection with the completed improvements. R. L. Friend Construction, Inc. has also provided the necessary lien releases for the materials supplied and completed work.

Staff requests City Council accept the improvements constructed by R. L. Friend Construction, Inc. for the Water System Repairs, CIP PW 21- 07. Staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to R. L. Friend Construction, Inc. for $ 62, 774 within forty- five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds. Staff requests that unused funds be transferred back into the Water Capital Replacement Fund ( 5600).

REASON FOR RECOMMENDATION:

R. L. Friend Construction, Inc. has completed the project pursuant to the contract documents dated June 14, 2021. Staff has inspected the improvements and deemed them complete and in accordance with City standards and approved plans and specifications. The performance bond ( Bond No. 2318906, $ 14, 343) and payment bond ( Bond No. 2318906) will be released and replaced with a one- year warranty bond ( Bond No. 2318908, $ 119, 273) upon City Council' s acceptance of the improvements.
228
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY RTC CONSTRUCTION MANAGEMENT, INC. DBA R. L. FRIEND CONSTRUCTION, INC. FOR WATER SYSTEM REPAIRS, CIP PW 21- 07
The warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements. R. L. Friend Construction, Inc. has also provided the necessary lien releases for the materials supplied and completed work.

FISCAL IMPACT:

The final construction contract amount with R. L. Friend Construction, Inc. for CIP PW 21- 07 is for $ 1, 192, 730. Adequate funds have been allocated in the FY 2021/ 22 budget to close out the project. With the completion of this project, staff requests that unused funds be transferred back into the Water Capital Replacement Fund 5600).

ATTACH M ENTS:

A. Resolution Accepting Public Improvements Constructed by R. L. Friend Construction, Inc. for the Water System Repairs, CIP PW 21- 07, Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
B. Notice of Completion - Water System Repairs, Capital Improvement Project CIP) PW 21- 07
C. Project Location Map - Water System Repairs, Capital Improvement Project CIP) PW 21- 07
229
CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY RTC CONSTRUCTION MANAGEMENT, INC. DBA R. L. FRIEND CONSTRUCTION, INC. FOR WATER SYSTEM REPAIRS, CIP PW 21- 07
APPROVALS:

N
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Ange arca Date
Assistant Engineer
8- 2.5 • 2.Z.

Ken Reed Date
Senior Construction Manager
2`? 202Z
Brad ylor Date
City Engineer
Foz Z i 2a2Z
Cari James Date
Finance Director
8• 2q • 2022
Michael King Date
Assistant City Man ger
S _ t S - zo z.t.

Salvador Navarrete Date
City Attorney
IO•? 1
Ste Salvatore Date
City Manager
230
RESOLUTION NO. 22 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED BY RTC
CONSTRUCTION MANAGEMENT, INC. DBA R. L. FRIEND CONSTRUCTION, INC. FOR WATER SYSTEM REPAIRS, CIP PW 21- 07, AUTHORIZE THE FILING

OF A NOTICE OF COMPLETION, RELEASE OF CONTRACT RETENTION, AND

RELEASE OF PERFORMANCE AND PAYMENT BONDS
WHEREAS, on June 14, 2021, City Council awarded a construction contract to RTC Construction Management, Inc. dba R. L. Friend Construction, Inc. ( R. L.

Friend Construction, Inc.) for the construction of the Water System Repairs Capital Improvement Project ( CIP) PW 21- 07 ( Project) in the amount of $ 1, 084, 300, and a 10% construction contingency of $ 108, 430 was authorized for staff to use as necessary to achieve the goals of the Project; and
WHEREAS, the scope of work consisted of installing a water main pipeline, service laterals, and water valve repairs throughout the City' s water system network; and
WHEREAS, the Project scope included upsizing a section of the water main located on J Street to 12" and an existing 12" transmission main for Booster Pump Station and Tank No. 1 ( BPS- 1) to 16" to improve system performance; and WHEREAS, R. L. Friend Construction, Inc. has successfully completed the Project work at a total cost of $ 1, 192, 700; and
WHEREAS, staff has inspected the improvements and has deemed them complete and in accordance with the approved plans and specifications; and WHEREAS, R. L. Friend Construction, Inc. has provided the necessary lien releases for the materials supplied and completed work and a one- year warranty bond ( based on 10% of total project cost) for the improvements being accepted; and
WHEREAS, the performance bond ( Bond No. 2318906, $ 14, 343) and payment bond ( Bond No. 2318906) will be released and replaced with a one- year warranty bond ( Bond No. 2318908, $ 119, 273) upon City Council' s acceptance of the improvements; and
WHEREAS, the one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
WHEREAS, staff requests City Council accept the public improvements constructed by R. L. Friend Construction, Inc. for the Water System Repairs CIP PW 21- 07; and
231
WHEREAS, staff also requests City Council authorize the filing of a Notice of Completion with the San Joaquin County Clerk, the release of contract retention to R. L. Friend Construction, Inc., in the amount of $ 62, 774, within forty-five ( 45) days after the recording of the Notice of Completion, and the release of performance and payment bonds.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements constructed by R. L. Friend Construction, Inc. for the Water System Repairs CIP PW 21- 07, pursuant to the contract documents dated June 14, 2021; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San Joaquin County Clerk and the release of the contract retention to R. L. Friend Construction, Inc., in the amount of $ 62, 774, within forty-five ( 45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds. 232
The foregoing resolution was passed and adopted this 12th day of September 2022, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 233

ATTACHMENT

RECORDING REOUESTED BY, AND
WHEN RECORDED MAIL TO:

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

SPACE ABOVE THIS LINE FOR RECORDER' S USE

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

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

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

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

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

Project No. CIP PW 21- 07 Water System Repairs by RTC Construction Management, Inc. dba R. L. Friend Construction, Inc.

4. That on the 12th day of September 2022 a work of improvement on the real property herein described was completed.

5. That the name of the original contractor, if any, for said wark of improvement was: RTC Construction Mana e ment,
Inc. dba R. L. Friend Construction, Inc.

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

NAME STREET AND NO. CITY STATE
RTC Construction Management, Inc. 731 E. Yosemite Ave, Ste B- 127 Merced CA 95340 dba R. L. Friend Construction, Inc.

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

Project No. CIP PW 21- 07 Water Svstem Repairs

CITY OF LATHROP
By:

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

By:

Teresa Vargas, City Clerk Date
234

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated September 12, 2022 by RTC Construction Management, Inc. dba R.L. Friend Construction, Inc. to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by minute action of the City Council adopted on September 12, 2022, and the grantee consents to recordation thereof by its duly authorized officer.

Dated By
Stephen J. Salvatore, City Manager
235
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ITEM 4. 14

CITY MANAGER' S REPORT
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC OFFSITE LANDSCAPE

IMPROVEMENTS FROM SOUTH LATHROP LAND, LLC
RECOMMENDATION: Adopt Resolution Accepting Offsite Landscape Improvements from South Lathrop Land, LLC in the
South Lathrop Specific Plan Area
SUMMARY:

South Lathrop Land, LLC ( SLL), the developer for the South Lathrop Commerce Center ( SLCC) Project, has constructed the offsite landscape improvements in accordance with their Subdivision Improvement Agreement ( SIA) for Parcel Map 17- O1, dated September 10, 2018. The approximate value of the improvements proposed to be accepted is $ 374, 175, as shown in the GASB 34 Report included as Attachment " C". These improvements have been inspected by staff and have been deemed complete and constructed in accordance with City specifications by the City Engineer.

The Performance Bond No. K13490624 in the amount of $ 27, 338, 888. 50 and Labor and Materials Bond No. K13490624 in the amount of $ 13, 669, 444. 25 are to remain in place for work not completed, including linear park and sidewalk and to guarantee any warranty and maintenance work that may be required within one ( 1) year of Council acceptance. After the initial one- year warranty period, the costs to maintain these facilities will be funded through CFD No. 2019- 01.

Staff recommends City Council accept the completed public improvements in accordance with City specifications.

BACKGROUND:

On July 20, 2015, the South Lathrop Specific Plan ( SLSP) was adopted by City Council and annexed into the City of Lathrop on June 14, 2016. The SLSP annexation includes a 99- acre portion of the Lathrop Gateway Business Park Specific Plan and encompasses a 315- acre area that includes commercial office uses, limited industrial uses and open space.

On April 18, 2016, City Council approved SLCC Vesting Tentative Parcel Map No. VTM 15- 94 with Conditions of Approval for development consistent with SLSP. The SLCC Project is generally located at the southeast portion of the City limits bounded by State Route 120 to the north, San ) oaquin River to the west, and the Union Pacific Railroad to the south.
237
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC OFFSITE LANDSCAPE IMPROVEMENTS FROM SOUTH

LATHROP LAND, LLC
On January 13, 2020, City Council accepted various offsite improvements from SLL that were constructed in accordance with their SIA and Development Agreement, including backbone infrastructure improvements, a regional outfall structure, a storm drain pump station, a sanitary sewer pump station, a traffic signal, and highway interchange improvements.

Construction of the offsite landscape improvements is complete and the approximate value of the improvements proposed to be accepted is $ 374, 175, as shown in the GASB 34 report. The costs to maintain these facilities after the first year is funded through CFD No. 2019- 01.

Normally, the City would release the performance bond and labor and materials bond once the improvements are accepted by Council and require a one- year warranty bond to secure SLL' s obligation to repair construction defects encountered during the one- year warranty bond period. However, in this case, the Performance Bond No.

K13490624 in the amount of $ 27, 338, 888. 50 and Labor and Materials Bond No.

K13490624 in the amount of $ 13, 669, 444. 25 provided with the SIA will remain in place to guarantee work not completed and to guarantee any warranty and maintenance work that may be required within one ( 1) year of Council acceptance.

REASON FOR RECOMMENDATION:

Staff has inspected the offsite landscape improvements for the SLCC Development and confirmed that the improvements have been completed in accordance with City specifications and deemed complete by the City Engineer. SLL has submitted lien releases for the improvements being accepted. Staff has received the 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 $ 374, 175 as shown in the GASB34 Report and the costs to maintain these facilities is funded through CFD No. 2019- 01.

ATTACHMENTS:

A. Resolution Accepting Various Offsite Improvements from South Lathrop Land, LLC in the South Lathrop Specific Plan Area
B. Location Map for the South Lathrop Specific Plan Area C. Project GASB 34 Report
238
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING

ACCEPT PUBLIC OFFSITE LANDSCAPE IMPROVEMENTS FROM SOUTH

LATHROP LAND, LLC
APPROVALS:
f 2 5/ 2 2
Bellal abizadah Date
Assistant Engineer
g 2y 20Z2
Brad ylor Date
City Engineer
r-o c Z9 Zo2Z
Cari James Date
Finance Director
8 • 29 . 2022
Michael King Date
Assistant City Ma ger
5 ZZ
Salvador Navarrete Date
City Attorney
i
9• a Z
Step en J. Salvatore Date
City Manager
239
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP ACCEPTING

PUBLIC OFFSITE LANDSCAPE IMPROVEMENTS FROM SOUTH LATHROP LAND, LLC

IN THE SOUTH LATHROP SPECIFIC PLAN AREA
WHEREAS, on July 20, 2015, the South Lathrop Specific Plan was adopted by City Council and annexed to the City of Lathrop on ) une 14, 2016; and WHEREAS, on April 18, 2016, City Council approved South Lathrop Commerce Center ( SLCC) Vesting Tentative Parcel Map No. VTM 15- 94 with Conditions of Approval for development consistent with the South Lathrop Specific Plan; and WHEREAS, on January 13, 2020, City Council accepted various offsite improvements from SLL that were constructed in accordance with their Subdivision Improvement Agreement ( SIA) and Development Agreement ( DA), including the backbone infrastructure improvements, a regional outfall structure, a storm drain pump station, a sanitary sewer pump station, a traffic signal, and highway interchange improvements; and
WHEREAS, construction of the offsite landscape improvements is complete and the approximate value of the improvements being accepted is $ 374, 175, as shown in the GASB 34 report and the costs to maintain these facilities is funded through CFD No. 2019- 01; and
WHEREAS, the Performance Bond No. K13490624 in the amount of 27, 338, 888. 50 and Labor and Materials Bond No. K13490624 in the amount of 13, 669, 444. 25 provided with the SIA will remain in place to guarantee work n t completed and to guarantee any warranty and maintenance work that may be required within one ( 1) year of Council acceptance; and WHEREAS, staff has inspected the offsite landscape improvements for the SLCC Development and confirmed that the improvements have been completed in accordance with City specifications and deemed complete by the City Engineer.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the offsite landscape improvements for the SLCC Development.
240
The foregoing resolution was passed and adopted this 12t'' day of September 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 241

ATTACHMENT B
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ITEM 4. 15

CITY MANAGER' S REPORT
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CAPITAL IMPROVEMENT PROJECT PS 23- 04

FOR THE JOHNSON FERRY STREETLIGHT

INSTALLATION AND APPROVE RELATED BUDGET

AMENDMENT
RECOMMENDATION: Adopt Resolution Approving the Creation of Capital Improvement Project, PS 23- 04 .7ohnson Ferry
Streetlight Installation and Awarding a Construction
Contract to Bockmon & Woody Electric Co. Inc., and
Related Budget Amendment
SUMMARY:

The City received numerous complaints from residents about limited street lighting on Johnson Ferry Road. A photometric analysis was conducted and Johnson Ferry Road was identified as a street needing three ( 3) additional streetlights. The Capital Improvement Project ( CIP) PS 23- 04 Johnson Ferry Road, Streetlight Installation proposes to install three ( 3) decorative streetlights on Johnson Ferry Road.

The bid solicitation package for the construction of the project was advertised on July 15, 2022 in accordance with Informal Bidding Procedures in CA PCC 22032 ( California Uniform Public Construction Cost Accounting Act) and Lathrop Municipal Code ( LMC)

3. 30. 060 and 3. 30. 070.

Public Works received and opened three ( 3) bids on July 27, 2022. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for the project was determined to be Bockmon & Woody Co. Inc., with a bid of $ 63, 750.

Staff is requesting City Council approve the creation of Capital Improvement Project CIP) PS 23- 04 and award a construction contract to Bockmon & Woody Co. Inc. for the installation of three ( 3) streetlights at Johnson Ferry Road for $ 63, 750. Staff also requests City Council authorize a 15% contingency of $9, 563 for a total construction cost not to exceed $ 73, 313.

Staff is also requesting City Council approve a budget amendment transferring 66, 000 from the Mossdale Landscape and Lighting Capital Replacement Fund and 9, 000 from the Mossdale and Lighting CFD Operating Fund 2580 to the Streets CIP Fund ( 3310) to support the construction costs.

BACKGROUND:

The City received numerous complaints from residents about limited street lighting on Johnson Ferry Road. A photometric analysis was conducted and Johnson Ferry Road was identified as a street needing three ( 3) additional streetlights. 245
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 23- 04 FOR THE OHNSON FERRY STREETLIGHT

INSTALLATION AND APPROVE RELATED BUDGET AMENDMENT
City staff prepared the plans and technical specifications. The informal bid solicitation package for the Johnson Ferry Streetlight Installation project was advertised on July 15, 2022, in accordance with Informal Bidding Procedures in CA PCC 22032 and LMC

3. 30. 060 and 3. 30. 070. Three ( 3) bids were received; bids were 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
Bockmon & Wood Electric Co. Inc. 63, 750
Pacific Excavation Inc. 69, 859
Tenn son Electric Inc. 77, 265
Staff reviewed and evaluated the bids and determined that the lowest responsive and responsible bidder is Bockmon & Woody Electric Co. Inc. Staff requests City Council adopt a resolution awarding a construction contract to Bockmon & Woody Electric Co.

Inc. for $63, 750, authorize a 15% contingency of$ 9, 563 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 73, 313.

The scope of work to be performed under this contract is generally described as the installation of ( 3), 16' decorative poles with three ( 3) new LED decorative top fixtures already purchased by the city, construction of pole foundations, sidewalk panel demolition and restoration, horizontal boring, conduit run and cable splicing from existing pull box to the three new street lights.

REASON FOR RECOMMENDATION:

The proposed project will install ( 3) three already purchased streetlights on Johnson Ferry Road, which will alleviate resident concerns and will substantiate conformance with the photometric analysis conducted.

FISCAL IMPACT:

Staff is requesting that City Council approve the creation of CIP PS 23- 04 Johnson Ferry, Street Light Installation, award a construction contract to Bockmon & Woody Electric Co. for $ 63, 750, 15% contingency for $ 9, 563 for a total contract amount not to execeed $ 73, 313.

Sufficient funds were not included in the adopted Fiscal Year 22/ 23 budget.

Therefore, stafF is requesting a budget amendment transferring $ 66, 000 from the Mossdale Landscape and Lighting Capital Replacement Fund 2610 and $ 9, 000 from the Mossdale and Lighting CFD Operating Fund 2580 to the Streets CIP Fund ( 3310) as follows:
246
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 23- 04 FOR THE JOHNSON FERRY STREETLIGHT

INSTALLATION AND APPROVE RELATED BUDGET AMENDMENT
Decrease A propriations
2580- 5064- 420- 75- 00 9, 000
Increase Transfer Out
2580- 9900- 990- 90- 10 9, 000
2610- 9900- 990- 90- 10 66, 000
Increase Transfer In
3310- 9900- 393- 00- 00 PS 23- 04 75, 000
Increase Expenditures
3310- 8000- 420- 12- 00 PS 23- 04 75, 000
ATTACH M ENTS:

A. Resolution Approving the Creation of Capital Improvement Project, PS 23- 04 Johnson Ferry Streetlight Installation and Awarding a Construction Contract to Bockmon & Woody Electric Co. Inc., and Related Budget Amendment B. Construction Contract with Bockmon & Woody Electric Co. Inc. for CIP PS 23- 04 Johnson Ferry Streetlight Installation
247
CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 23- 04 FOR THE 70HNSON FERRY STREETLIGHT

INSTALLATION AND APPROVE RELATED BUDGET , AMENDMENT'
APPROVALS:
n,, g/ / B aCarlos Carrillo Date
Management Analyst II
g zs 22-
Ken Reed Date
Senior Construction Manager
a c Zazz
Cari James Date
Director of Finance
8• 2y • ZC2Z
Michael King Date
Assistant City Manager
Z, 0 LL
Salvador Navarrete Date
City Attorney
9•lo• ZZ
Step en J. Salvatore Date
City Manager
248
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING

A CONSTRUCTION CONTRACT TO BOCKMON & WOODY ELECTRICAL
COMPANY INC. FOR THE JOHNSON FERRY STREETLIGHT INSTALLATION

PROJECT AND RELATED BUDGET AMENDMENT
WHEREAS, on July 15, 2022, Public Works staff advertised the Johnson Ferry Street light Project utilizing the Informal Bid Solicitation procedure; and WHEREAS, City staff prepared and distributed the plans and technical specifications for informal bid solicitation on July 15, 2022 in accordance with Informal Bidding Procedures in CA PCC 22032 ( California Uniform Public Construction Cost Accounting Act) and LMC 3. 30. 060 and 3. 30. 070; and WHEREAS, a total of two ( 3) bids were received and opened by Public Works Staff on July 28, 2022; and
WHEREAS, upon review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be Bockmon and Woody Electric Co. Inc.) With a bid of $ 63, 750; and
WHEREAS, staff requests City Council award a construction contract to Bockmon and Woody Electric Co. Inc. in the amount of $ 63, 750 for the construction of the Johnson Ferry Streetlight Installation Project; and WHEREAS, staff also requests Council authorize a 15% construction contingency in the amount of $ 9, 563 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 73, 313; and
WHEREAS, funds will need to be allocated to cover the cost of $ 73, 313 for the Johnson Ferry Streetlight Installation project.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract to Bockmon and Woody Electric Co.

Inc. for the Johnson Ferry Streetlight Installation for an amount not to $ 73, 313; and BE IT FURTHER RESOLVED that the City Council of the City of Lathrop does hereby approve a 15% contingency in the amount of $ 9, 563 for a total cost not to exceed $ 73, 313 for the construction of the Project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project. 249
Increase Transfer In
3310- 9900- 393- 00- 00 PS 23- 04 75, 000
Increase Expenditures
3310- 8000- 420- 12- 00 PS 23- 04 75, 000
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the creation of Capital Improvement Project ( CIP) PS 23- 04 ] ohnson Ferry Streetlight Installation and award a construction contract to Bockmon & Woody Co. Inc. for the construction of the proposed project for $ 63, 750 plus a 15% contingency for $ 9, 563 for a total cost not to exceed $ 73, 313 and authorizes staff to spend up to this amount as necessary to accomplish the goals of the project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a budget amendment transferring funds from the Mossdale Landscape and Lighting Capital Replacement fund ( 2610) and from the Lighting CFD Operating Fund ( 2580) to the CIP Project Fund ( 3310) as detailed above. 250
The foregoing resolution was passed and adopted this 12th day of September 2022, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 251
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CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT

CONTRACT
This Contract, dated September 12, 2022, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Bockmon & Woody Electric Co., 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 Johnson Ferry Road Street light Installation ( 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 the installation of ( 3) 16' decorative poles with three new LED decorative top fixtures already purchased by the city, construction of pole foundations, sidewalk panel demolition and restoration, horizontal boring, conduit run and cable splicing from existing pull box to the three new street lights.

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: 63, 750. 00( Sixtv- Three Thousand Seven Hundred Fiftv Dollars)

3. Construction Documents. This Contract shall include the Construction Documents, which 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 Bockmon & Woody Electric Co., Inc. on July 26, 2022. For the purposes of construing, interpreting and resolving inconsistencies between the 00500- 1
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CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 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.

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 00500- 2
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CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 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 perfarmance of Work in full and strict compliance with DIR Registration requirements. The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' s verification that all such Subcontractors are in full and strict compliance with DIR Registration requirements. d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' s Subcontractor List submitted with the Contractor' s proposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' s DIR registration lapses prior to or during a Subcontractor' s performance of Work, the Contractor shall request the CITY' s consent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771. 1( c)( 3) and/ or Labor Code Section 1771. 1( d).

Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: ( i) the Contractor' s strict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier.
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CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 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 farms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request. 2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY, the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior 00500- 4
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CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor. c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated. e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address.
fl In the event of noncompliance with the requirements of this Article, Contractor shall have ten( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.

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

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

11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation 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.
00500- 5
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CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 nt. 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 b,v CitX. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' s Project- related and Work- related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.

15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party 00500- 6
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CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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
To City: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE: ( 209) 941- 7430
FAX: ( 209) 941- 7449
ATTN: Seniar Construction Manager
To Contractor:

Mailing Address:

Phone:

Email:

ATTN:

Miscellaneous
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority.
6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 00500- 7
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CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION 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.
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. 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 00500- 8
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CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 USC 1368), 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 CTTY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed. 23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties far 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 ofinsurance, performance and payment bonds, and worker' s compensation certification shall befurnished to the City by the Contractor after City Council' s approval with resolution. 00500- 9
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CUPCCAA INFORMAL BID SOLICTTATION CONSTRUCTION CONTRACT IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.

CONTRACTOR:

By:

Name:

Title:

CITY OF LATHROP
APPROVED AS TO FORM:

By:

Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

By:

Michael Kinn, . ssistant City 147ana er
APPROVED:

By:

Stephen J. Salvatore, City Manager

END OF SECTION)
00500-] 0
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ITEM 4. 16

CITY MANAGER' S REPORT
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO ODYSSEY
LANDSCAPING, INC. FOR MOSSDALE IRRIGATION &
LANDSCAPE IMPROVEMENTS, CIP GG 20- 19, AND

LOUISE AVE & LATHROP RD LANDSCAPE
IMPROVEMENTS, CIP GG 21- 15, AND APPROVE

BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Awarding Construction Contract to Odyssey Landscaping, Inc. for the Mossdale
Irrigation and Landscape Improvements, CIP GG 20-
19, and Louise Ave & Lathrop Rd Landscape
Improvements, CIP GG 21- 15, and Approve Budget
Amendment
SUMMARY:

Over the past few years, the City has taken steps to improve major arterials including Louise Avenue, Lathrop Road and Golden Valley Parkway. These improvements are needed to accommodate development, reduce traffic congestion, increase safety and quality of life benefits. The final phase of these improvements is the installation of landscaping which includes palm trees with uplighting in the medians, accent trees, drought- resistant shrubs and groundcover.

On December 9, 2019, City Council approved the creation of Capital Improvement Project ( CIP) GG 20- 19, Mossdale Irrigation and Landscape Improvements to allow for more efficient use of recycled water and reduce the long- term operations and maintenance costs.

On May 9, 2021, City Council created CIP GG 21- 15 Louise Avenue and Lathrop Road Landscape Improvements to provide landscape improvements to the medians.

Bids for the construction of landscape improvements for both projects ( Project) were solicited in one document for increased efficiency and lower construction costs. The bid solicitation for the construction of the Project was advertised on August 10, 2022 in accordance with California Public Contract Code 22032 and the Lathrop Municipal Code Section 2. 36. 060.

A total of five ( 5) bids for the Project were received and opened by the City Clerk on September 1, 2022. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for the landscape was determined to be Odyssey Landscaping Company, Inc. ( Odyssey), with a bid of $ 2, 715, 291. 89.

Staff is requesting City Council award a construction contract to Odyssey for the construction of landscape improvements for both CIP GG 20- 19, Mossdale Irrigation and Landscape Improvements and CIP GG 21- 15, Louise Avenue and Lathrop Road 263
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO ODYSSEY LANDSCAPING, INC. FOR MOSSDALE IRRIGATION & LANDSCAPE IMPROVEMENTS, CIP GG 20- 19, AND LOUISE AVE & LATHROP RD LANDSCAPE IMPROVEMENTS, CIP GG 21- 15,

AND APPROVE BUDGET AMENDMENT
Landscape Improvements in the amount of $ 2, 715, 292. Staff requests City Council authorize a 15% construction contingency of $ 407, 294 for a total cost not to exceed 3, 122, 586.

BACKGROUND:

On December 9, 2019, City Council approved the creation of CIP GG 20- 19, Mossdale Irrigation and Landscape Improvements to construct landscape and irrigation improvements in the medians and west side of Golden Valley Parkway' s streetscape from River Islands Parkway to Towne Centre Drive. The primary improvement of this project is the upgrade of existing recycled water irrigation equipment and plant materials, as improvements to those components over the 12 years since installation will reduce staff maintenance time and improve water use efFiciency. Other improvements include varied surfacing including wet- set cobbles, artificial turf and decomposed granite, palm trees with uplighting, evergreen and deciduous street trees, shrubs and groundcover.

On May 9, 2021, City Council created CIP GG 21- 15 Louise Avenue and Lathrop Road Landscape Improvements to provide landscape improvements to the medians.

Improvements include irrigation, varied surfacing including wet- set cobbles, artificial turf and decomposed granite, palm trees with uplighting, deciduous street trees, shrubs and groundcover. Subsequent to the creation of CIP GG 21- 15, the segment of Lathrop Road from Cambridge Drive to Fifth Street was added to the project scope for the construction of inedian landscape improvements matching those planned for construction on Golden Valley Parkway ( CIP GG 20- 19) and Louise Avenue ( CIP GG 21- 15).

City staff prepared the technical specifications and KLA, Inc. prepared the landscape improvement plans. The bid solicitation package for the construction of the Project was advertised on August 10, 2022 in accordance with California Public Contract Code 20160 and the Lathrop Municipal Code Section 2. 36. 060.

A total of five ( 5) bids for the Project were received and opened by the City Clerk on September 1, 2022, all determined to be responsive and responsible. The bid results are summarized in Table 1 below:
264
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO ODYSSEY LANDSCAPING, INC. FOR MOSSDALE IRRIGATION & LANDSCAPE IMPROVEMENTS, CIP GG 20- 19, AND LOUISE AVE & LATHROP RD LANDSCAPE IMPROVEMENTS, CIP GG 21- 15,

AND APPROVE BUDGET AMENDMENT
Tab/ e 1: Summary of Bid Resu/ ts- CIPs GG 20- 19 & 21- 15 Landscape Project Contractor Total Bid
Od sse Landsca in Com an , Inc. 2, 715, 291. 89
WABO Landsca e & Construction, Inc. 3, 258, 241. 35
Marina Landsca e, Inc. 3, 753, 820. 50
McGuire and Hester 4, 063, 640. 73
Bri htview Landsca e Develo ment, Inc. 4, 271, 508. 00
Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be Odyssey Landscaping Company, Inc.

Odyssey), with a bid of $ 2, 715, 921. 89.

StafF is requesting City Council award a construction contract to Odyssey for the construction of landscape improvements for both CIP GG 20- 19, Mossdale Irrigation and Landscape Improvements and CIP GG 21- 15, Louise Avenue and Lathrop Road Landscape Improvements in the amount of $ 2, 715, 292. Staff requests City Council authorize a 15% construction contingency of $ 407, 294 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 3, 122, 586.

REASON FOR RECOMMENDATION:

The improvements on Golden Valley Parkway ( CIP GG 20- 19) will reduce the City' s maintenance and irrigation costs due to improved use of recycled water and drought resistant landscape of varied surfaces and colors.

The improvements on Louise Avenue and Lathrop Road ( CIP GG 21- 15) will improve the aesthetics of this gateway to the City, making the City more attractive to residents, visitors and developers.

The median landscape improvements for all three roads will be similar, providing design unity and consistency for arterial streets.

FISCAL IMPACT:

Staff requests City Council award a construction contract to Odyssey in the amount of $2, 715, 292 and authorize a 15% construction contingency of $407, 294, for a total cost not to exceed $ 3, 122, 586.

Sufficient funding was not included in the adopted Fiscal Year ( FY) 2022/ 23 Budget.

Table 2 - Summary of Project Funding and Costs, below, provides more information:
265
CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO ODYSSEY LANDSCAPING, INC. FOR MOSSDALE IRRIGATION & LANDSCAPE IMPROVEMENTS, CIP GG 20- 19, AND LOUISE AVE & LATHROP RD LANDSCAPE IMPROVEMENTS, CIP GG 21- 15,

AND APPROVE BUDGET AMENDMENT
Table 2: Summary of Project Funding and Costs

PROJECT
COMPONENT CIP FUND GG 20- 19 CIP FUND GG 21- 15
Landscape 1, 288, 137. 71 1, 427, 154. 18
Contingency ( 15%) 193, 220. 66 214, 073. 13
Totals 1, 481, 358. 37 1, 641, 227. 31
Funds Available 454, 900. 00 666, 097. 00
FUNDS NEEDED 1, 026, 458. 35 975, 130. 00
Staff request City Council approve budget amendments transferring $2, 001, 589 from the Streets Reserves Fund ( 1010) to the General CIP Funds ( 3010) as follows:

Decrease Street Reserves
1010- 251- 03- 00 2, 001, 589
Increase Transfer Out
1010- 9900- 990- 9010 2, 001, 589
Increase Transfer In
3010- 9900- 393- 0000 GG 20- 19 1, 026, 459
Increase Expenditures
3010- 8000- 420- 12- 00 GG 20- 19 1, 026, 459
Increase Transfer In
3010- 9900- 393- 0000 GG 21- 15 975, 130
Increase Expenditures
3010- 8000- 420- 12- 00 GG 21- 15 975, 130
ATTACH M ENTS:

A. Resolution Awarding Construction Contract to Odyssey Landscaping, Inc. for the Mossdale Irrigation and Landscape Improvements, CIP GG 20- 19, and Louise Ave & Lathrop Rd Landscape Improvements, CIP GG 21- 15, and Approve Budget Amendment
B. Construction Contract with Odyssey Landscaping Company, Inc. for CIP GG 20- 19, Mossdale Irrigation and Landscape Improvements, CIP GG 21- 15, Louise Avenue Landscape Improvements
266
CITY MANAGER' S REPORT PAGE 5
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO ODYSSEY LANDSCAPING, INC. FOR

MOSSDALE IRRIGATION AND LANDSCAPE IMPROVEMENTS, CAPITAL IMPROVEMENT PROJECT GG 20- 19 AND LOUISE AVENUE LANDSCAPE IMPROVEMENTS, CAPITAL IMPROVEMENT PRO) ECT GG 21- 15 AND APPROVE

RELATED BUDGET AMENDMENTS
APPROVALS:
v-1—.. / ; u/ cv J. 7. 2 Z
Steven Hollenbeak Date
Assistant Engineer
9 - 8 ' Z.Z
K n Reed Date
Senior Construction Manager
9/g.-
Cari Jam s Date
Director f Finance
j 7• Z ozL
Michael King Date
Assistant City Manager
j
s - Z ZZ
Salvador Navarrete Date
City Attorney
1 • 8• Zo22
Stephen J. Salva ore Date
City Manager
267
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING CONSTRUCTION CONTRACT TO ODYSSEY LANDSCAPING, INC. FOR THE MOSSDALE IRRIGATION AND LANDSCAPE IMPROVEMENTS, CIP GG 20- 19, AND LOUISE AVE & LATHROP RD LANDSCAPE IMPROVEMENTS, CIP GG 21- 15, AND APPROVE BUDGET AMENDMENT
WHEREAS, on December 9, 2019, City Council approved the creation of Capital Improvement Project ( CIP) GG 20- 19 Mossdale Irrigation and Landscape Improvements to construct landscape and irrigation improvements in the medians and west side of Golden Valley Parkway' s streetscape from River Islands Parkway to Towne Centre Drive; and
WHEREAS, on May 9, 2021, City Council approved the creation of Capital Improvement Project ( CIP) GG 21- 15 Louise Avenue and Lathrop Road Landscape Improvements to construct landscape, landscape lighting and irrigation improvements; and
WHEREAS, bids for the construction of both projects were solicited in one document for increased efficiency and lower construction costs; and WHEREAS, City staff prepared and distributed the plans and technical specifications for formal bid solicitation on August 10, 2022 in accordance with California Public Contract Code 20160 and the Lathrop Municipal Code Section

2. 36. 060; and
WHEREAS, A total of five ( 5) bids were received and opened by the City Clerk on September 1, 2022; and
WHEREAS, upon review and evaluation of the bids, the lowest responsive and responsible bidder for the landscape improvements was determined to be Odyssey Landscaping Company, Inc. ( Odyssey) with a bid of $ 2, 715, 291. 89; and WHEREAS, staff requests City Council award a contract to Odyssey in the amount of $ 2, 715, 292 for the construction of landscape improvements on Golden Valley Parkway ( CIP GG 20- 19), and for the construction of landscape improvements on Louise Avenue and Lathrop Road ( CIP GG 21- 15); and WHEREAS, staff also requests Council authorize a 15% construction contingency in the amount of $407, 294 and authorize staff to spend the contingency as necessary to construct the landscape improvements for a total cost not to exceed 3, 122, 586; and
WHEREAS, sufficient funds were not included in the adopted Fiscal Year 22/ 23 budget for the construction of CIP GG 20- 19 and CIP GG 21- 15; therefore, staff request City Council approve budget amendments transferring $ 2, 001, 589 from the Street Reserves Fund ( 1010) to the General CIP Funds ( 3010) as follows; and 268
Decrease Street Reserves
1010- 251- 03- 00 2, 001, 589
Increase Transfer Out
1010- 9900- 990- 9010 2, 001, 589
Increase Transfer In
3010- 9900- 393- 0000 GG 20- 19 1, 026, 459
Increase Expenditures
3010- 8000- 420- 12- 00 GG 20- 19 1, 026, 459
Increase Transfer In
3010- 9900- 393- 0000 GG 21- 15 975, 130
Increase Expenditures
3010- 8000- 420- 12- 00 GG 21- 15 975, 130
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a contract to Odyssey Landscaping Company, Inc. for Mossdale Irrigation and Landscape Improvements, CIP GG 20- 19 and for Louise Avenue and Lathrop Road Landscape Improvements, Capital Improvement Project GG 21- 15 for a cost of $ 2, 715, 292; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 15% construction contingency in the amount of $ 407, 294 for a total cost not to exceed $ 3, 122, 586 for the construction of these landscape improvements 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 approve a budget amendment transferring $ 1, 026, 459 from the General Fund Street Reserves Fund ( 1010) to the General CIP GG 20- 19 Fund ( 3010) for the construction o'f the landscape improvements on Golden Valley Parkway as detailed above; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment transferring $ 1, 641, 227 from the General Fund Street Reserves Fund ( 1010) to the General CIP GG 21- 15 Fund ( 3010) for the construction of the landscape improvements on Lathrop Road and Louise Avenue as detailed above.
269
The foregoing resolution was passed and adopted this 12t'' day of September 2022, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO F RM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 270

ATTACHMENT
j ..

SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION CO1viTRACT

CONSTRUCTION CONTRACT
This Contract, dated September 12, 2022, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Odyssey Landscaping Company, 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 Sco e of Project and Work. Construction Documents for MOSSDALE IRRIGATION AND LANDSCAPE IMPROVEMENTS, CIP GG 20- 19 and LOUISE AVENUE AND LATHROP ROAD LANSCAPE IMPROVEMENTS, CIP GG 21- 15.

Projects). 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 demolition, clearing & grubbing, grading, and construction of irrigation, landscape and lighting improvements, and any task necessary to accomplish the aforementioned tasks.

The work shall be completed within 80 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: $ 2, 715, 292— Two Million, Seven Hundred Fifteen Thousand, Two Hundred Ninety Two Dollars.

3. Construction Documents. This Contract shall include the Construction Documents which are on file with the City Clerk 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 Odyssey Landscaping Company, Inc., on September 1, 2022. For the purposes of construing, interpreting and resolving inconsistencies between the 271
SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION CONTRACT 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 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 ariginal 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.

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.
272
SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION 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 farce 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 Com liance. 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 Subcontractars 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 Wark Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIlZ Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on-going obligation of the Contractor under the Contract Documents is the Contractor' s verification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.

The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' s verification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
273
SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION CONTRACT 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) andl or Labor Code Section 1771. 1( d).

Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: ( i) the Contractor' s strict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CTTY' s obligation to: ( i) process any request far payment of any portion of the Contract Price; or( ii) to disburse any partion 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 CI'TY: ( 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 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, warker, ar other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be 274
SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION CONTRACT 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 recards 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 recards within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address. fl In the event of noncompliance with the requirements of this Article, Contractor shall have ten( 10) days in which to comply subsequent to receipt of written notice specifying in what 275
SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION CONTRACT 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 Section 00700 - S. IA.
1l. Representations and Warranties. In the supply of any materials and equipment and the rendering of labar and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 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 infarmation 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 authoriry to enter inCo 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 276
SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION CONTRACT 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. 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 by CitX. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' s Project-related and Work-related writings and business records, as such 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.
277
SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION CONTRACT 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
209) 941- 7363
FAX: ( 209) 941- 7449
ATTN: Ken Reed, Senior Construction Manager
To Contractor: Odyssey Landscaping Company, Inc.

Mailing Address: 5400 W. State Highway 12 Lodi, CA 95242 Phone: 209. 369. 6197
Email:

ATTN: Keith Williams

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 autharity. 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 278
SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION CONTRACT 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.
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.
279
SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE. L LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION CONTRACT 17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC 1368), 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 autharity 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.
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.
280
SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION CONTRACT 25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.

EXHIBITS:

EXHIBIT A: Contractor' s Submitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be fur-nished to the City by the Contractor after City Council' s approval with resolution.
281
SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION 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 TO
By:

Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

B y:

Michael King, Assistant City Manager
APPROVED:

By:

Stephen J. Salvatore, City Manager
282
EXHIBIT" '
sec-• ioN ooaon
AfOSSDr1LE[ RRICATIOti& L INDSCAPE I IPROVEMEN' fS- CIP CC 20- 19 O[`! SE AVF'../[, ATI( ROP RD. I, ANQSCAPF, ihlPitOVE IFNTS- CEP GG 21- 15 BII? PROPOSAL OR115 n rizoros L FouMs
7' O: City of Lathrop
39Q Townc Ccntrc Drivc
athrap, Cn 95330
11' t` I" CN" 1' ION: Ciiy Clcrk
1' UR: MOSSDAL,E LANDSCAPF. AND IIZItIGATION IM1' ROVF,MEN7'SCIP GG ZO- 19 LOUISE AVE. & I,ATHROY ItD. LANDSCAI' E IM1' ROVEMENTSCIl' GG 21- 15 fEtf? UNDC: RSIGN!? U, AS [ 3IDDLIt, I II RrF3Y ftGRLI?S AND DECLARI; S TIIAT:

LF.GAL COMYLIANCE
hc only persons or partics intcrestcci in this E3id as i' rincipals arc thosc namcci hcrcin, that this l3id is madc ti ithout collusion with any othcr person, firm, pactncrship, corporation, or association; that iic has carcCul{ y cxamined thc locatian ofthc proposed work and thc Constructian Documcnts; and hc proposcs and agrccs that if this 13id is acccpted hc will contract with thc City of Lathrop, in thc form of' thc Contract as sct forth in thc Construction Documcnts for said projcct, to providc all thc necessary labor, scrviccs, materials, artd cquipment, and to do all the work and furnish al{ thc malcrials; and thal hc will acccpt in ful! paymcnt thcrc[' orc thc pricc as proposcd in thc following I3ici Schcdulc.

SCHEl) ULE OF 1' 1tICES
All applicablc permit fccs, liccnsing costs, salcs laxcs, Statc, and/ or i cdcral, and arty othcr taxcs, palcnt righls, or royaltics arc includcd in thc priccs quotcd in thc Qid. AO blank spaccs must bc Gflcd in.
13ASIS OF AWAl2D
fhc [ 3asc f3id is comprised of all bid items necessary to construct both Capital lmprovement Yrojects GG 20- 19 MassdaIe irrigatic n and Landscape Improvcments and GG 21- IS Louisc Avenuc and Lathrop 12oad Landsrapc Impro ements. ' I' hc basis for award of thc contract will bc thc pricc of thc sum of all thrcc ( 3} basc bids. Thc City ot' l.aihrop rescrvcs thc right to award thc work contcmplated by thc pricc of ihc sum of all thrcc( 3) basc bids ar nonc o(' thc work.

OQ300- 1
283
i) 1 90S5DAI. k; [. AIYI) SCAPF. ANU IRRIGATIOIY 11 71' ROYFMEIVTS- CIP GG 20- 19 BID SCIIEllULE 12- 1
E3tD U SCR[ i' I'101\ QU:1NT. t?l,1i t.`•NIT PRICE TENOED T4TAL I7' Ehi
1 Mo6ilir.utinn/[ 3onds- Insurancc! 1 l,s
S4L' PPP f' 1' roffic Control S 36, G70. 00 S 36, b70. OQ 2 Dcmolition 1 Of] h ul J Disposal of 63, G17 SI'
Lxisting Landscapc
16 S 9G, 995. 72
3 1_ o v Voltagc Palm Up- Lights anJ 4R CA
f'ransformers
820. 75 5 39, 34G. t10
4 Glectrical Outicls{ GFI) zA LA t 1G. 25 $ 2, 740. U0
5 Etcctrical Scrvicc{ incl. Conduit, f CA
Wiring c e.) City to providc 1' cdcstal
G3, 392. 00 5 G3, 392. 0
fi finish Grading 83. 617 Si' 0. 12 S 1U, 434. 0=3
7 Soil Amcndmcnts g. gg S' 0. 35 S 20,715. A0
R Conirollcr t,`pdates for Ncw Vah c I L.5
Schcduling S 25G. 4U 5 lfi,256.=10
9 Comcrt ShruU Irrigalion: Drip& 5), k88 St
Spra} to Rubbicr
s z. Q9 S 123, 702. 92
10 Ilubhlcrs—`( rcc& Palms 2g LA S 55. 80 S 15. 958. 8U 11 Trces, 2!"[ lox 15 I: A 8 L25 S 26, 15b. 25
12 Trccs, 15 gallon 5( t EA 19530 5 9, 7G5. 00
l3 Palms. t2' I3Tlt 24 t A 7, 1bl. tHl S 171. 86 1. 00
i4 Shrubs, 5 G Ilon 1, 770 L'A 25. 34 S 44, R51. 80
IS Shrubs, I GaUon 451 [ A

11. 5R S 5, 2Z2. 58
IG Groundenrer, 1 Ciallon 304 h , I1. G3 S 3, 535. 52
17 Stabiiizeet Decomposcci Granitc F A, d22 S['
E: dging- CaSlnut 1

8. 37 S 37At2. l l
18 Wct- Sct Rivcr Cobblc- Cal) aut 2 4. 9T2 Sf

24. 93 3 273, 53196
I4 Synthctic TurC-- Cullaut 3 9. 035 SF S 2. 1R S 21R, t6G. 34 4 Ront i.3arricr 2, 4lG LP
1 t. 53 S 23, 2 i4. 48
21 Uark hlulch 39. 188 SF S U. 7S S 4 1, 391. Of}
22 90 Ua}• h9aintenancc Pcri d 1 1_ S
41, 185. 00 5 4, tK5A0
susTo rnt n: $ . ass, r3. i
SUBTOTAL BID IN WORDS: ONE MILLION TWO HUNDRED F,tGt1TY- F,IGlIT THOUSAND ONE: IIUNUItEU THIRTY- SEVEN pUI. I,AItS AND SF.VEHTY- ONE CENTS 284
2} I,t UISE AV; NtJF I,ANllSCAPE IMI' ROVEMF NTS- C[' GG 21- 15 BID SC IEDUI. E- R1
BID DESCt21PT10N QUANT. U/ R1 t3tiiTPRICE EXTENUEDTOTAL t'[' EAI
1 Mobilizniion 1 E# onds• Insurancc i 1 S
ESCI'/ TrnflicContro3
29, 613. OQ S 29, 6i3. 00
Demolition 1 Ofihaul! Dispasal n1'
2 Lxisting Lundscapc in M lian and Raiscd 2, fi33 5I $ 7. 90 $ 20, 800. 70 Plan[ crs
3 Demolition! Offhaul 1 Disposal of 1 [, S
ixisting Cancretc and Raiscd Piantcrs
20, 792• 01 S 2Q, 792. 6t
d L w Voltagc Palm Up- Lighls nd 76 [: n
Crs nsCormcrs
R20. 75 5 62. 377.OU
5 RI;i 10VC; D

G REMOVLD
7 New Stamp L`Ca)ored Cuncretc 372 5F
Paving- Calloui 6
2G. Oa S 9. 68G. 88
8 E mish Grading 33. 822 SP 0. 12 5 d, 058. 6 4
9 Soil Amendrncnts 13, 805 Si' 4. 35 $ q, 831. 75
I U Nt7C i t w; i3ncRilo v I>cvicc,( lo+v Scnsor nnd 1 EA 115. 04 5, 1 t S. DO 1 t \ Vutcr scrvicc t; p! ccroncction for 1 S
POC tJi, incf. pavcincnt restoration
S 3. 720. 00 3. 720.OQ
12 POC if2 a l Bacl:[ lotiv Dcricc, Plrn1 1 1> S
5cnscrr nd Mastcr Valvc

7. 254A0 a 7. 254AU
13 f' OC N3 F! Rack( ta v Dc icc, E lou E S
5, t 15. 00 S 5, I IS, 00 Sensor and Mastcr Valvc
ld 14' utcr Scn icc' 1' ap J Conncction tor 1 I.S
POC 3, inc(. pati cmcnt restoratinn

3. 72Q. 00 5 3, 72U. 00
IS 2- Wirc C ftsense ControIIer 1 S IG, 25G. 40 S 1G, 256. 0 Ifi 120v AC Rlcctrical Scrvicc& Wiring 1 LS
for Controllcr( conduit by City}

2. 325. 4U $ 2. 325. 00
I? Shn b Dubblcr Irr., inct. h4ainlinc$. all 13, 805 Sf S 2. 79 S 38, 515. 95 18 E3ubblcrs Trcc& P Ims 206 A
3 S5. 8Q S I l, 19<I. BD
19 " l rs: cs, 2 1" C3nx 27 CA 581. 25 S l5, 693. 75
2U Palms, 12' I3T) t 38 T: A
S 7. 1 G i. 40 S 272. 1 18. Od
ll Soil Dispasal Gom P tm Pit 1 LS
C cavatinn
930. 00 $ 93Q. 00
22 Shrubs, 5 Gallon 376 EA S 2S. 3d S 9, 527. 84
23 Grnun fcovcr, 1 Gnllon n 11. G3 S 2, 058. 5 i
2A StabiliGcd Dccompascd Granitc u,< 1, 791 S1'
t: dgiag— Callout t
3 d0, 1Q0. G7
285
25 Wct- tict Eti cr Cohblc CaUnut 2 5, 692 SF S 2. 43 5 t41, 901. 5G 2G Synthctic T`urf vt I::dging- Cnllaut 3 3. 534 St' S z,}, g g 230, 532. 12 27 f3ark Muich 13, 8QS SF $ p,$ y 1U, 353. 73
28 90 y Maintcnance Pcriod 1 [- S $
2, 232. 00 S 2, 232. 00
SUI3T0' I'AI. BIU: 971. 124. 33
SUI3TOTAL BIv IN WONUS: NINF HUNURFD- SFVFNTY- ONE TIIOUSANn ONF. } IUNARE[) TW NTY-' OUl2 pOl.1. ARS ANll Tii112TY-"I' NREE CEIVTS
3) LA' i'HRCIt' ROAI} LANDSCAP tMI' ROV MENTS- CII' GG 21- 15 BIll SCHEDULE— Rl
Ef1D dESCRIM'I ti QiiANT. U/ 111 i1N[ 7' PRICi: I: X'TENDED TOTAI. 1' TF:; 1[
i Mobilixatii a/ pt ads- Insurancc, t
1 L
L;SCP/ 1' railic Control
lA, 9t10. 00 S t<4, 900. Q0
2 Dcmolilion/ C1flhau) l DisposFil of i LS
C-.xisting Lanc3sca c

25. 43d. 41 3 25, 934. 91
3 Low Voltagc Pnim Up- L, ights and 38 A
Transfonncrs
R20.? 5 S 3V, 1&$. 56
E; tectriral Outicts{ GfI) l9 C: A I6. 25 S 2, 20$. 75
5 I:lcctrical Scrvicc( mcl. Concluit. F
54, 117. 04 3 54, 117. 00
Wirin etc.) Citv to provide Pcdeslal
G (- inish Grading 13,<I10 Sf 0. 12 5 I. GR). 20
7 S il Amcndmcnts S, b46 Sl' 0. 35 5 l, 97fi. 1{ t
A [ lubblcrs- Stsnibs S. fi 1G SI' Z. p9 3 11. 800. 14
9 nt}i r s ratn,s 108 GA 55. 80 S 6, 026. 40
IU " 1' recs, 24" E o 1G [: A
S 581. 25 5 9, 3D0. 00
1 I PaEms, 12' I37 11 4 CA 7, 61. 00 S 13G, 054. 00
12 Soil Dispc:! from Pa1m Pit 1 1. S
I. xcati ation
4G5. 00 3 4GS. U0
13 5hrubs, 5 t; l( on 114 EA 2S. 3a 3 2, 888.? b
1 1 Groundcovcr. l Gallon 100 6A
y 1. G3 5 I. lG3. Q0
5 Stabitizcd Dccamposcd Granilc+ 1 2, 478 5I'
l: dging_. Cnllout I

8. 3 S 20, 740. 86
tG Wet- Sct Rivar Cobbic— Cupoul 2 2, l99 S(' Zq. g3 3 5=i, R2 i, 07 286
17 Symthctic' Turf-- Callout 3 3, 087 SF
a Z,, g 7 3, 643. G6
18 i3ark Mulch 5, 6 46 SF $ 0. 75 S 4, 234. 50
19 90 Day Maintenancc Pcricx3 1 LS 5 l, 953. 00 S 1, 953. 00 SUBTOTAG BID: $ 56. 029. 85
SUBTOTAL Blll [ N WORDS: OUR FIUNDRED FIFTY- SIX ' TFIOUSANv, TWF.NTY- NINE tinGLARS A1 tD EIGHTY-'[ VE CENTS

BIU SUMMAKY
1) MOSSDALE LANDSCAhI AND [ RR1GA" 1' ION IMI' ROV, MENTS- CIP GG 20- l9: 51, 288, 137. 71 2) lAlJ15 AVEiN1JC LANDSCAPL"• t( 41Pi20VL+ 1C'N7' S- ClI' GG 21- 15 971, 124. 33 3) LAT! lROP E' OAD LAiUDSCAPE [ MI' fZ VGMENTS- CIF' GG 21- IS 56, 029. 8 TOTA[. BTI):$ Z, 715. 291. 89
TO"I'AL 13ID IN WOI2llS: TWO MILLION, 51: VF N HUNDRF. U- FIFTEFN TH011SANU, TWO_ HiJNllRE[) IYCN#: 7' Y- t)NF, ll01.[. ARS AiYD F:[ GHTY- NINF C N' I'S 287
s c r o oo3oa
iOSSDAt,:[ REtIGA' I' ION Bc LANDSCAP I; iPROYF, i1Eti' I'S— C[ P GG 20- 19 LOL+'! 5E AV./ l. 1T1[ ROP RD. LANDSCAPE IM11PROVEifENTS— C1P GG 21- IS BID PROPOSAL FORn4S INFO1tMA' 1' iON R; QUII2ED t?F BIDllF: I2
I' Itic 13iddcr ( Contractor) shall furnish thc follativing infarmation. This information is considcrcd csscntial in cnablin thc}' rojcct Mana cr Eo dctcrminc ifthc I3iddcr is cxpericnccd in similar iypcs of work and if thc I3id is based on a careful study of inethods applicable to the worfc and 1'ul! rcalization of thc various factors which may affcct ihc pro ress ofi thc work. Failurc ta complv with this rcc uir+emcni may rcndcr thc Bid non- responsivc and may causc its rcjcction. Additional shccts shall be attached as rcyuircd.
13InDFR' S INFORMATI N
1) 13idder' s namc and address:

ODYSSEY ENVIRC NMENTAL SERVICES, INC.
5400 W HIGNWAY 12
LODl, CA. 95242
2) [ 3iddcr' s lelcphone numbcr:
tz g} 369- 6197
3) I3iddcr' s fax numbcr: {
209) 369- 69fi9
4) Ciidd4r' s Contractor' s l. iccnsc ( Class): C27
Liccnsc Na.; 7 4370
L`xpires: 1/ 31/ 24
5) Pcrs n wllo inspectcd sitc of propascd work for Contractor' s firm:

Namc: MATT 1. AWSON Date of Inspection: 8/ 29/ 22
Lisi projccts of a nature sirnilar Eo this projcct:

Projcct Contract Namc, Address and
Pricc 1' c! c honc Numbcr of Owncr
CITY OF TRACY 865, 004
11TH ST BEAUTI FICATION
333 CIVIC CEI TER PLAZA. TRACY, CA, 95376
209 832• 5000
CI7Y O IATHRC7P 271, 000. 00 CITY OF U1TkiROP
REi' AINING WALL LANdSCAPING 390 TOWNE CENTEH DR. IATNROP, CA 95330 Zp9 941•7204
5TANFORD CROSSING SAYBROOK FUNO AOVi50RS, LlC
PHASES 1, 2,& 3
Q, OOO, Q04, Q0 03 TWIN ROLPHIN DR. REDWOOD SHORES, CA 94065 57/ 1NFORb CROSSIIVG 1, 662, 783.00

SAYBROOK FUND ADVISORS, LLC
303 TWIN ROLPHlN DR. REDWOOP SFfORES, CA 54065
PHASE5181- 182 6S0- fi32- 4522
R4VER ISLAND N2 PARK 962, 52A. 00 IA7HROP, cA, 95330
S2d9 79- 7900
oo3ao- U
288
St: C' C10N 00300
IOSSUe1t, E[ KR[ GATl4 i& I,A iD5Cr1Pk; I; iPRQV 1 1Et" 7' S-- CIP GG 20- 1' J OU151: AVE.! LATIIROP RD. l.,1NDSCAPF, 1: 1IPR4VF; 19E:' T' S— C[ P GG 21—IS E31D PROf' OSA[. FOl2: 1S Ism o su coNTiz cTaus:

I' hc f3iddcr shall list bclaw ihc narnc and business atidress of cach subconlractor wha wi l) perform work undcr this I3id in cxccss of onc- half nf onc perccnt oP thc Contractor' s ' I'atal I3id Yricc, and shall also fist thc poriion of thc WORK which will bc donc by such subcontractor, in accordancc with Scction 41Q7 of thc t' ublic Contract Cadc. fter lhc opcning of bids, no cl angcs or substitutions will bc allowcd cxccpt as othcrwisc providcd by law. ' Chc listin of morc lhan onc subca tractor far cach itcm ofwork to bc perFormcd with thc words " and/ ar" will not be permittcd.

Paiiurc to compiy with this rcquircmcnt may rcndcr thc I3id non- responsivc and may causc its rcjcction. Shouid thc Cantracior providc a bid that docs not rcquirc a subcontractor, thc Contractor shall notc that on this pagc by writin" Nat Applicablc" in thc list betow.

Subcontractor
I,iccnsc Pcrcent of
Work to bc Pcrf`ormed Numbcr TatAl Contract Subcontracior' s Numc& Address C , T .
a2 iPACIFIC EXCAVATION
BORING 694A00 ;
9796 KENT ST, ELK GROVE, CA. 95b24
F._..... _.._.. e._..»»_.._.. ._...{.. a-. ..,..._...._____......_...,...«..._».............. _ 1.._...... r,_ a_____.... .__
i
t
2 i
w___, ____ 1
a
k t----__._

3. v _._
i
I
i____-
E 3
e__ w.,
f 1
r
i.., W....... ..... . ... . . . . .. }.-e. . ..
i _. . ,. .. __""".,----
a.-..___.. .._' I{
k
3 6 i
r .____., f_..,....

I v __________
Note: nttach addilional shccls if required,
oo c o- 7
289
SECTION U0300
btOSSDALE IRRlG, T10N& LAltiDSCAPE( IAROVE tEtiTS- CIP GG 2Q- 14 I, OI' 1SE A1' F:.! 1. ATHRdp Rb. I.AYDSCAPE F4IPROVERIENTS- CiP GG 21- IS B1D PROPOS. L. OR, iS ADDE1 tDA
Bidder certifies he reviewed ARC 5tockton' s website for addenda within 48 hours oFbid apening and acknowledges receipt ofthe following addendum { addenda):
f
Respectfully submitted,

1. z..2. C p`f.`( . r- o- a., v s, I t c.

Dated Legal Name of Firm
Signature of Authorized Representative
Seal}
If Bidder is a corporation, show State in which incarporated.} ti c, ti t t
I' he full names and post office addresses of all persans and parties interested in the faregoing Bid as principals are as follows:

NOTICE): Give first and last names in fult; in case of corporation, give names of President, Secretary, Treasurer, and Manager, and in case ofpartnerships and joint ventures, give names and Post Office addresses of all the individual members.

L' t t1.. 1 tt. hrn' - S 1 Eri i
4— i+.. k- Pc.' 2
1' c.. .-..` - c--n--r`,, `' r.G l s.`.
003Q0- 8
290
SECTION 00300
A10SSDAI.E IRRIG ITION& L, iDSCAPE I IPROVEAlENTS- CIP CG 20- 19 LOI IS AVF.! LATH[ tOP RD. L. AtiQSC. 1PE i ipRO' F.At: T5- CIP CC 21- IS ID PROPO5AL FOR IS B[ DDER'S BQND
KNOW ALL MEN BY THESE PRESENTS:

THAT WE d y s yfnvironmental Seroices. Inc.
as PRINCIPA[., and Merchants 8ondinq Companv Mutual)
as SURETY are held; and firmly bond unto the City of Lathrop in the penal sum of TEN PERCENT ( l0%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by the Principa! to the City of i.athrop fbr the work described below, far the payment ofwhich sum in lawful money ofthe United Siates, well and fiuly to be made to the City ofLathrop to which the bid was submitted, we bind ourselves, ow heirs, executors, administrators and successors, jointly and severally, firmly by those presents. In no case shall the iiability oF the surety hereunder exceed the sum of$ 10° of Arnoun# Bid

T CONDITION OF TEIIS OBLIGATION IS SUCH,
THAT, V1 REAS, the Principai has submitted the above mentioned bid to the City of Lathrop for certain construction specifically described as follows, for which bids are to be opened at the City Hall, 390 Tawne Centre Drive, Lathrap, CA:

MQSSDALE IRR[GATION AND I ANDSCAPE iMPROVEMENTS, CIP GG 20.19 OUISE AVE.& LATHROP RD. LANDSCAPE 1MPROVEMENTS, CIP GG 21- i5 NUW, TI- I2EFORE, if the Arincipal is awarded the contract and within the time and manner required under the specifications, after ihe prescribed forms am presented to him for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the Ciry, one to guarantee faithFul performance, and the other to guarantee payment for labor and materials as required by law, then this obli ation shall be nul! and void; otherwise, it shail be and remain in Full force.

IN WITNESS VVfIEREOF, we have hereunto sei our hands and seals on this 30th day of Auqust , 24 22
Od Seal) Merchants Bonding Com any MutualKSea1)
S 1} tSeal)
ary ollins, Attorney- in-` ac!
Address: 4D0 west Highway 12 Address: 6700 Westown Pa lcway lodi. CA 8 242 West es Moines. IA 50268- 7754
NOTE: Signatures ofthose executing for the surety must be properly acknowledged. 00300- 9
291

ACKNOWLEDGMENT
A notary public or ather officer completing this
certificate verifies only the identity of the individuai who signeti the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validi of that document.

State of California
County of Sacramento
On August 30, 2022 before me, Kathleen Le, Notary Public inse t name and title af the officer}
personaily appeared Mary Collins
who proved to me on the basis af satisfactory evidence to be the persan( s) whose name{ s) is/a subscribed to the within instn.iment and acknowledged to me that ks/ she/ i[m executed the same in ahislher/ lt e cauthorized capacity( ia, and that by laia( her/ th c signature( s) on the instrument the person( s), or the entity upon behalf of which the person($) acted, executed the instrument.

I certily under PENALIY O PERJURY under the laws of the State of Califomia that the faregaing paragraph is true and correct.

WITNESS my hand and official seal. KATFfLFEN LE
COMM., 2380925
NOTARY PUBi. lC C/It1FDltIV1A Ct1UM7Y OF SACRAMENTQ w
amm. 6 cpkea pC7' 31. 2d25
Signatur Seal)
292
MER., ANTS
BC) NDIhTG COMPANY

PQWER OF ATTQRNEY
Know All Persors By These Presents, that M RCMANTS BONDING COA+iPANY( MUTUAI} and ME32CHANTS NRTIONA! BOIVDING. INC.. both being corporalians of ihe State of lowa( herein callectively called ihe" Companies do hereby make, conslitute and appoint, individuaNy, Bill Rapp: 8rad Espinasa; Breanna Boatright; Claudine Gardon; Deanna{} uintero; Elizabeth Coiladi; Jason March, Jennifer Lakmann; John Hopkins K Corey Ward; Kathleen le; Kristie PhilGps; Marissa Robinsoni Dbary Coilins: Matttiew Fasier; Michaet K Feeney; Mintfy Whitehouse:

Pamela Sey; Paula 5enna; Phiilip Watkins Renee Ramsey: 5amantha Watkins; Sara Wailiser, Steven Witliams; Tony Gark their true and Iawful Atlamey( sj-in-Fad, to sign its name as surety{iesJ and to execute, seal and acknowkdge any and all bands, undertakfngs. contracts and other written instruments in the nature tfiereot, on behalf of the Companies ln their business of guaranteeing lhe fidetity oF persons, guaranteeing the perfortnance ot contracts and execu6ng or guaranteeing bonds and undertakings required or pertniqed in any aCiions ot proceedings alipwed by law.

This Power- nf•Atfamey is graMed and is signed and seafed by tacsimite under arrd by auchority of! he fopowing By- laws adopted by the Board of Directors of Merchanls Bonding Company( Mutua!) on Aprii 23, 2011 and ame ded August 14, 2015 and adapted by the 8oan1 of Diredors of MerchantSNationai Ba ding, inc., on Oclober 16, 2055.
ihe Pressdent, Secretary, Treasurer, or any Assistant ' ireasurer or any Assistant Seaetary or any Yrce President shatl have pawer and authority to appoint Attomeys- in- Fad, and to authorize them to e cecute on behalf of the Company, and attach the seal of the Campany thereta, bonds and underiakings, ner.ogni2ances, coniracts of iademnity and other wrilings obiigatory in the nature thereof,' Tt e signature of any authorized oificer and the seal of ihe Company rrtay be affixed by tacsimite or electronic transmission to any Powe of Attomey or CertificaUan thereai autho zing the execution and delivery ot any band, u dertaking. recognizance, or other suretysh s obligations of the Company, and such signature and seal when so used shall have the same force and effed as though manuatly fixed." In connection with obligatiorts in iawr of the Fiarida pepa tment of Transpo tation only, il is agreed that the power and aui hority hereby given to the Attomey- in- FaCt includes any arui atl consenls for the release o! retained percenlages andlor final estimates on engineering and construciion contracts rsquired by ihe Stale of Florida Oepartment aF Transportation_ It is fuUy understoal ihai consenting to the State ofFloriCa Department ot Transportation mak9ng payment oi the finai esiimate to the Go Vactor and/ ar its assignee, shall not relieve ihis surety tompa y of any ot its obligations under its bond.

In connection with obiigations in favor ot tne Kentucky Oepartment of Highways only,' st is agreed that the power and authoriry hereby given to the Attorney- in- Fad cannot he madified or revoked unless prior written personal notice of such inlent has been given to the CarrmissionerDepartment of Highways of Die Commornveatth of Kentucky at ieast liurty( 34) days prior to the modification or revocation.

In Witness Vlfiereof, lhe Companies have caused this instrument to be signed and seaied this 22nd day of March , 2022 o+vqt•... o N co•.
p0' Q•. p' pp( jR•.'.q AI RCHANTSBONDINGCOhAPANY( MUTUAL) la„y: Q ' 9!''•. . 0;VD 9,^; MERCHANT NA710NAL 90NOING, INC. a:'' ' O- O: Q: it.-;'Z'` -
p- :
j'•. 2003 w : y
S 1933 rfi: gy
d' . v;. cv.
k'••.......•:'+ •. ,'...•.• Presidertt
STATE OF IOWA L"!' s+`
COUNTY OF OALLAS ss. "`"'
On this 22nd day ot March 2022 , betare me appeared Larry Taylor, to me personally known, who being by me dufy swom did say lhat he is Presider f of MERCNANT& BONDING CaMPANY{ MUTUA) and MERCHRN' i'S NATIONAL BQNpING, lNC.; and that the seais affixed to the foregoing instrument are the Corporate Seals oF ihe Companies; and that the said instrument was signed and sealed in behaif of the Companies by autfiarity ot their respedive Boards oi piredors.

P
A
s POLLY MASON
z a a.

Gommission Number 75a576
My Gommission Expires q p..,_,
r January 07, 2023
Notary PuWrc
F cpiration of notary' s cammisslon dces not invaUdate this instrument) I, William Wamer, Jr., Secretary af MERCHANTS BONDtNG COMPANY{ MUTUAi.) and MERCHRNTS NATIOAfAL BONDING, INC., do I're2hy certify ihat the above and fotegoing is a true and cortect copy of the POUVER- dF•ATTORNEY executed by said Companies, which is s1iN in full force and eHect and iras not been amended or revoked.

In Wiiness Whereot, 1 have hereunto set my hand and affu ed the seal of the Gompanies on this 30th day of August , 2022 . f
f+.

P ONq ., Q iG, Cp,.

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POA 4018{ 1/ 20}
293
sEc-rior oa oo
lOSSUs LE IItR1GATlOV& LANDSCAPE I IPROV; IIEK'fS—CIP GG 20- 14 At' ISE AVF./ I. ATHROP Rri. I.AitiOSCApE; IRIPROYF. MF.;VTS— CIP CC 21- 15 BID PROPOSAI. FOR 1S NONCOLLUSION AFF[ DAYIT

STATE OF
ss.

COUNTY UF
1 t.fit4 t- u
r, S being first duly sworn, deposes and says that he or she is t P`a. 5` S
of a, t, c,,._ ' [ he party making the foregoing bid
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, a.ssociation, organizatian, or corporation; that the bid is genuine anc! not collusive or sham; that the bidder has nat directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, canspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shalt refrain frnm bidding; that the bidder has not in any manner, directly or indirectly, saught by agreement, communication, ar conference with anyone to fix the bid price afthe bidder ar any ather bidder, or ofthat ofany other bidder, or to secure any advantage against the public body award'rng 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, ar Ehe contents thereof, or divuiged infarmatian or data retative the , or ' , a ill not pay, any fee to any corporation, partnership, com any associate , a izai' , id deposita , nr to any member or agent thereof ta effectuate a co iusive ar s id.

Signature of res dent, ecretary,
Manager, Project Manager or Representative
The County of 1 V V al t 1 i'"
State oP ` TV n G
Subscribed and sworn to( or affirmed) before me
on this l day af_ Y'' , 2d o, by
Q, tTtr l tti G, CY1 proved to
me on the basis of satisfactory evidence ta be the
person{ s i he, .

Notery iubHc• CaUto nis
Stn Jo auin County
Seal
Commission N 2711Jl0
202
Signature,,,„
00344- 10
294
s: cTioN oo oa
tOSSDALE tRRIGr TIQN& LrINDSGIP Ii1( PF20VE11E 37 5- C! P GG 20- I9 LOt`[ SF, 1' E. I LATIIRdP R13. I. ANDSCAPE lhiPROVBIIF. NTS- C[ P GG 21 15 iID PROP05Ai. COR115 I' UBLIC CONTI2ACT CODF SFCTION 10162 QUESTIONNAII2E
in accordancc tivith Nublic Contract Cadc Scclion 101 b2, Ehe f3iddcr shall complctc, undcr pcnalty of perjury, thc foliowing qucstionnairc:
f ias thc I3iddcr, any ofticer of the I3idder, or any crriploycc of the I3iddcr, who has a proprictary intcrest in the 3iddcr, cvcr bccn disquali cd, rcmovcd, or othcn visc prcvcntcd from bidding on, or complctin a fcdnrai, staEc, or local govcrnmcnt project bccause of a viafation of law or a saCety regulation? Ycs No
x
fthc answcr is ycs, cxplain thc circumstanccs in thc following space.

I' U 3LIC CONTRACT SI:CT[ ON 10232 STATFMI:NT
ln accardancc with f' ublic Cantract Codc Scclion 10232, thc Contracton c rcby statcs undcr penally of perjury, that no morc than one finai unappcalable findin of contempt of court by a fcdcral court has bcen issucd a ainst thc Contractor within thc immcdiatcly prcccding twa ycar period becausc of thc Contractor' s failurc to comply wilh an ordcr of a fcdcral court which ordcrs thc Conlractor to comply with an ordcr oftl c National C. abor Rclaiions Roard.

NO"['E: 7' hc abovc Statcmcnt and Qucstionnairc arc part of thc 1' roposal. Signing this proposal on thc signaturc portion thcrcof shall also constitutc signaturc of this Statcmcni and Qucstionnairc.

I3iddcrs arc cautioncd that making a falsc ccMiCication may subjcct thc ccrtiftcr to criminal prosccution.

E 1 OI' SEC'1`ION)
OQ30Q- 11
295
296
ITEM 4. 17

CITY MANAGER' S REPORT
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO PACIFIC
EXCAVATION, INC. FOR STREETLIGHTS FOR LOUISE
AVENUE LANDSCAPE, CIP GG 21- 15, AND APPROVE

BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Awarding Construction Contract to Pacific Excavation, Inc., for Streetlight
Improvements for the Louise Ave Landscape Portion
of CIP GG 21- 15, and Approve Budget Amendment
SUMMARY:

Portions of Louise Avenue between Interstate 5 and Fifth Street have been improved to accommodate recent development, reduce traffic congestion and increase safety.

These improvements included widening, pavement rehabilitation and construction of a center median.

On May 9, 2021, City Council created Capital Improvement Project ( CIP) GG 21- 15 Louise Avenue Landscape Improvements to provide landscape improvements to the medians between Interstate 5 and Fifth Street. The improvements consist of irrigation, landscaping and lighting.

On August 8, 2022 Council approved the purchase of streetlights along this segment Project) in order to reduce delays during construction.

The bid solicitation for the construction of the Project was advertised on August 10, 2022 in accordance California Public Contract Code 22032 and the Lathrop Municipal Code Section 2. 36. 060.

A total of three ( 3) bids for the Project were received and opened by the City Clerk on September 1, 2022. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for the landscape was determined to be Pacific Excavation, Inc. ( Pacific), with a bid of $ 593, 167.

Staff is requesting City Council award a construction contract to Pacific for CIP GG 21- 15, Streetlights for Louise Avenue Landscape in the amount of $ 593, 167. Staff requests City Council authorize a 15% construction contingency of$ 88, 975 for a total cost not to exceed $ 682, 143.
297
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO PACIFIC EXCAVATION, INC. FOR STREETLIGHTS FOR LOUISE AVENUE LANDSCAPE, CIP GG 21- 15, AND

APPROVE BUDGET AMENDMENT
BACKGROUND:

On May 9, 2021, City Council created Capital Improvement Project ( CIP) GG 21- 15 Louise Avenue Landscape Improvements to provide landscape improvements to the medians between Interstate 5 and Fifth Street.

Subsequent to the creation of CIP GG 21- 15, the installation of streetlights along this segment of Louise Avenue ( Project) was desired. To support this addition, City Council approved the purchase of the streetlights at the Regular City Council Meeting on August 8, 2022.

The Project consists of construction of concrete pole foundations, installation and connection of conduit and wiring and meter connection, and the installation of twelve 12) single and twenty- four ( 24) double luminaire decorative streetlights.

City staff prepared the technical specifications and Kier and Wright, Inc. conducted photometric analysis and prepared the improvement plans. The bid solicitation package for the construction of the Project was advertised on August 10, 2022 in accordance with California Public Contract Code 20160 and the Lathrop Municipal Code Section 2. 36. 060.

A total of three ( 3) bids for the Streetlight Project, all determined to be responsive and responsible, were received and opened by the City Clerk on September 1, 2022.

The bid results are summarized in Table 2 below:

Table 2: Summary of Bid Results- CIP GG 21- 15 Street/ight Project Contractor Total Bid
Pacific Excavation, Inc. 593, 167. 00
Power Desi n Electric, Inc. 829, 590. 00
Tenn son Electric, Inc. 848, 790. 00
Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for the Streetlight Project was determined to be Pacific Excavation, Inc.

Pacific), with a bid of $ 593, 167.

Staff is requesting City Council award a construction contract to Pacific for the installation of streetlights on Louise Avenue for CIP GG 21- 15, Streetlights for Louise Avenue in the amount of $ 593, 167. Staff also requests City Council authorize a 15% construction contingency of $ 88, 975 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 682, 143. 298
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO PACIFIC EXCAVATION, INC. FOR STREETLIGHTS FOR LOUISE AVENUE LANDSCAPE, CIP GG 21- 15, AND

APPROVE BUDGET AMENDMENT
REASON FOR RECOMMENDATION:

The proposed Project will provide attractive streetlighting for the segment of Louise Avenue from Interstate 5 to Fifth Street. The streetlights will expand the area of and conform to the streetlighting theme of the City' s other principal arterial streets:

Golden Valley Parkway and Lathrop Road.

FISCAL IMPACT:

Staff requests City Council award a construction contract to Pacific Excavation, Inc. in the amount of$ 593, 167 for the installation of City- purchased streetlights on Louise Avenue. StafF also requests Council authorize a 15% construction contingency in the amount of $ 88, 975 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 682, 143.

Funding for construction of the Project was included in the adopted Fiscal Year 22/ 23 budget; however, sufficient funds were not allocated. Therefore, staff request City Council approve a budget amendment transferring $ 682, 143 from the Streets Reserves Fund ( 1010) to the General CIP Fund ( 3010) as follows:

Decrease Street Reserves
1010- 251- 03- 00 682, 143
Increase Transfer Out
1010- 9900- 990- 9010 682, 143
Increase Transfer In
3010- 9900- 393- 0000 GG 21- 15 682, 143
Increase Expenditures
3010- 8000- 420- 12- 00 GG 21- 15 682, 143
ATTACH M ENTS:

A. Resolution Awarding Construction Contract to Pacific Excavation, Inc., for Streetlight Improvements for the Louise Ave Landscape Portion of CIP GG 21- 15, and Approve Budget Amendment
B. Construction Contract with Pacific Excavation, Inc. for CIP GG 21- 15, Streetlights for Louise Avenue Landscape
299
CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO PACIFIC EXCAVATION, INC. FOR

STREETLIGHTS FOR LOUISE AVENUE LANDSCAPE, CAPITAL IMPROVEMENT PRO) ECT GG 21- 15
APPROVALS:
22 Steven Hollenbeak Date
Assistant Engineer
ZZ
Ken eed Date
Se ior Construction Manager
q g
ari Ja s Date
cto f Finance
I • 7•ZpL2
Michael King Date
Assistant City Manager
z z
Salvador Navarrete Date
City Attorney
r FdcZ I • $• ZOLt
Stephen J. Sa va ore Date
City Manager
300
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING CONSTRUCTION CONTRACT TO PACIFIC EXCAVATION, INC., FOR

STREETLIGHT IMPROVEMENTS FOR THE LOUISE AVE LANDSCAPE PORTION OF CIP GG 21- 15, AND APPROVE BUDGET AMENDMENT
WHEREAS, on May 9, 2021, City Council approved the creation of Capital Improvement Project ( CIP) GG 21- 15 Louise Avenue Landscape Improvements to construct landscape, landscape lighting and irrigation improvements in the medians from Interstate 5 to Fifth Street; and
WHEREAS, subsequent to the creation of this CIP, the addition of streetlights to the medians and roadside was desired, and City Council approved the purchase of the streetlights at City Council Regular Meeting of August 8, 2022; and WHEREAS, bids for the construction of the streetlight improvements were solicited separately from those for the construction of the landscape improvements to minimize the city' s cost for both scopes of work; and WHEREAS, the scope of the streetlight work, Streetlights for Louise Avenue Landscape, CIP GG 21- 15 ( Project) includes the construction of concrete pole foundations, installation and connection of conduit and wiring, meter connection, and the installation of City- purchased decorative single and double luminaire streetlights; and
WHEREAS, City staff prepared and distributed the plans and technical specifications for formal bid solicitation on August 10, 2022 in accordance with California Public Contract Code 20160 and the Lathrop Municipal Code Section

2. 36. 060; and
WHEREAS, A total of three ( 3) bids were received and opened by the City Clerk on September 1, 2022; and
WHEREAS, upon review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be Pacific Excavation, Inc.

Pacific) with a bid of $ 593, 167; and
WHEREAS, staff requests City Council award a contract to Pacific in the amount of $ 593, 167 for the installation of City- purchased streetlights on Louise Avenue; and
WHEREAS, staff also requests Council authorize a 15% construction contingency in the amount of $ 88, 975 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed 682, 143; and
301
WHEREAS, Funding for construction of the Project was included in the adopted Fiscal Year 22/ 23 budget; however, sufficient funds were not allocated to the Project; therefore, staff request City Council approve a budget amendment transferring 682, 143 from the Street Reserves Fund ( 1010) to the General CIP Fund ( 3010) as follows:

Decrease Street Reserves
1010- 251- 03- 00 682, 143
Increase Transfer Out
1010- 9900- 990- 9010 682, 143
Increase Transfer In
3010- 9900- 393- 0000 GG 21- 15 682, 143
Increase Expenditures
3010- 8000- 420- 12- 00 GG 21- 15 682, 143
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a contract to Pacific Excavation, Inc. for installation of streetlights on Louise Avenue for CIP GG 21- 15 Louise Avenue Landscape Improvements, for a cost of $ 593, 167; and.

BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 15% construction contingency in the amount of $88, 975 for a total cost not to exceed $ 682, 143 for the installation of streetlights 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 $ 682, 143 from the General Fund Street Reserves Fund ( 1010) to the General CIP GG 21- 15 Fund ( 3010) for the installation of streetlights on Louise Avenue as detailed above.
302
The foregoing resolution was passed and adopted this 12t'' day of September 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 303

ATTACHMENT
SECTION 00500
STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15

CONSTRUCTION CONTRACT
This Contract, dated September 12, 2022, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Pacific Excavation, 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 STREETLIGHTS FOR LOUISE AVENUE LANDSCAPE IMPROVEMENTS, CIP GG 21- 15.

Projects). 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 installation of single and dual electrolier streetlights, construction of pole foundations, routing and connection of all appurtenant conduit and wiring, and meter connection, and any task necessary to accomplish the aforementioned tasks.

The work shall be completed within 50 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: $ 593, 167

3. Construction Documents. This Contract shall include the Construction Documents which are on file with the City Clerk 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 Pacific Excavation, Inc. on September 1, 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. 304
SECTION 00500
STREETLIGATS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15

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.

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 305
SECTION 00500
STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15
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 Obli ation to Verify Subcontractor DIR Registration Status. An affirmative and on- going obligation of the Contractor under the Contract Documents is the Contractar' 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 Obli ation 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 306
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STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15
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 17711( d).

Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: ( i) the Contractor' s strict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' s obligation to: ( i) process any request for payment of any portion of the Contract Price; or( ii) to disburse any portion 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 Monitorin and Enforcement. During the Work pursuant to Labor Code Section 1771. 4( a)( 4), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.

RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) 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 307
SECTION 00500
STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15
provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY, the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labar 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 CTTY 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. f 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 308
SECTION 00500
STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15
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 Wark shall be free of defects in workmanship far a period of one ( 1) year after the recordation of the Notice of Substantial Completion, ar, 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;
309
SECTION 00500
STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15
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. Assin
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.

14. Audits by CitX. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' s Project-related and Work-related writings and business records, as such 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.
310
SECTION 00500
STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15
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
209) 941- 7363
FAX: (209) 941- 7449
ATTN: Ken Reed, Senior Construction Manager
To Contractor: Pacific Excavation, Inc.

Mailing Address: 9796 Kent Street Elk Grove, CA 95624
Phone: 916. 686. 2806
Email:

ATTN: Tim Paxin

16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part 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 311
SECTION 00500
STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15
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.
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.
312
SECTION 00500
STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15
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.
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.
313
SECTION 00500
STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15
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 payrnent bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' s approval with resolution.
314
SECTION 00500
STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15
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
APPROV
By:

Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

By:

Michael King, Assistant City Manager
APPROVED:

By:

Stephen J. Salvatore, City Manager
315
XHIBIT w- •
SECTION 0030p
STREETL[ GIITS 6'OR LOl,'ISF AVE. Lr tiDSC. P BID PROI' OS. L fOR: IS c e cc 2- is

BID PROPOSAL FORMS
TO: City af Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: Ci#y Clerk
FOR: STREETLIGHTS OR LOUISE AVE. LAI IDSCAPE, CIP GG 21- IS THE UNDERSIGNED, AS 8[ DDER, HEREBY AGRE S AND DECLAR S THAT:

LEGAL CUMPLIANCE
The only persons or parties interested in this B'rd as Principais are those named herein; that this Bid is made without collusian with any other person, firm, partnership, curporation, ar assaciatian; that he has carefully examined the location of the proposed work and the Construction Documents; and he praposes and agrees that ifthis Bid is accepted he will cantract with the City of Lathrop, in the form of the Contract as set forth in the Canskruction Documents for said project, to provide all the necessary labor, services, materials, and equipment, and to do ali the work and furnish all tl e materials; and that he will accept in full payment therefore the price as proposed in the fallowing Bid Schedule.

SCHEDULE UF PRICES
All applicable permit fees, licensing costs, sales taxes, Stake, 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 filied in.

BASIS OF AWARD
The basis for award af the contract will be the price of the base bid. The City af Lathrop reserves the right to award the work contemplated by anly the Base Bid or none of the work.

OU340- 1
316
STREETLIGHTS FOR LUL3ISE AVE. LANDSCAPE IMPROVEMENTS
CIP GG 21- 15
REVISED BID SCHEDULE - Rl
B
DESCRiPTION
tJNiT EXTENDED
ITEM QUANT. U1M
p iCE TOTAL
1 Mobilization t Bonds/ lnsurance 1 LS
20, 04a. 00 2d, 00Q. Q0
2 Traffic Control 1 l.S 25, OOU. 00 25, OOOAU
InstaU City- Provided bual Larnp
Streetlight, incl. Faundation/ PCC
3 Cap& Conduit! Wiring from A
S, 50o. 00 l78, UOU. 00
S lice $ ox
Enstall City-Provided Single Lamp
4 Streetlight, incl. F undatian/ PCC
19 EA
Cap& Conduit/ Wiring from
S lice Box 8, 8QO, OU IG1, 500. fl0
SCH 40 Conduit w/( 2)# 8 Cu
3750 LF
W ire &( 1)# 10 Bare Copper Gnd. 31. oU 16, 25a. 00
3- 1l2 Splice Bax tiv/ Fuse Kii @ 39 EA
Pale 500. 00 I 9. 500. 44
Relacate Existin Utility Boa on
4 EA
Median I, 000. 00 4, tf00. 00
8 Bore for POCs 3 EA Q, O. 00 12. 000. 00
9 Trench! Conduit for AC Oudets 2, 140 LF
2 flp 25, G80. 00
10 lectrical CJut( ets{ GFl) 38 EA 300. 00 t 1, 400. 00 1 3 FOCs Includin Restaratian 1
6, s3. Qa t,$ 3. 00
12 3. 5 Caltrans Bax with Bolt Lid 6 A 5( 10. 00 3, 404. 00 TOTAL BID ; 593, 157. OQ
TOTAL B1D IN WdRDS: Five Hundred Ninetv Three Thousand One Hundred Sixtv Seven Do1) ars& No Cents 317
SECT[ ON OQ304
57' REETLICEi' f`S EOR 1. 0[' ISE. 1' E:. 1.: 1VdSC> 11' C BID PROhOS;\ L FOR 1S CIP CC 21-[ S

TNFQRMATIUN RE UIRED OF BIDDER
The Bidder( Contractor) shall furnish the followin informatian. This informatian is considered essential in enabling the Project Manager to determine ifthe Bidder is experienced in similar types of wark and if the Bid is based on a careful study of inethods applicable to the work and full realization of the various factors which may affect the progress af the work. Failure to complv with this reauirement maY render the Bid non- responsive and may cause its re' tian Additional
sheets shall be attached as required,
BIDDER' S INF4RMATION
1} Bidder' s name and address:

Tim Paxin' s Pacifc Excavation, [ nc, dba Pacific Excavation 9796 Kent Street
Elk Grave, Ca. 95624
2) Bidder' s telephone number:
91' gd' fl
3} Bidder' s fax number: 91 b- 686- 2846
Bidder' s Contractor' s License{ Class}: A and C10
License No.: b9 400
Expires: g- 3{- 2024
5} Persan wha inspected site of proppsed vork for Contractor' s frm:

Name:,. t ,' t.oLc Date of lnspection: 8-.25.,
S) List 5 projects af a nature sirnilar to this praject:

Project Cantract Name, Address and
Price Tele hone Number of Qwner

1., ttQ0300- 3
318
Experience Statement
EXCAVATION INC.

Owner! General: Project: Amaunt:

City of Turlock West Main & West Avenue 352, 084. 00
156 S Broadway # 150 Signal Improvements Completed 1- 2020 Turlock, Ca 953$ 4
209) b68- S599 Randy Jones
City of Sacramento HSiP Advanced Dilerna T/S 325, 986.04 915 I Street, Rm 200Q Detection System Completed 11- 2019 Sac., Ca 95814
916} 808- 8300 Kalieb Haile
City of Sacramento Midtown Street Lighting Ph 3 398, 264. 00 91 S I Street Rm 2000 Completed 3- 2020
Sac., Ca 95814
916} $ 08-$ 304 John Matoba
City of Sacramento HSIP Hybrid Beacons 1, 568, 062.$ 6
915 I Street Rm 2000 Ped Signals Completed 12- 2020
Sac., Ca 95814
916) 808-$ 304 Bob Lorusso
City of Turlock Tully & Tuolumne Imp 467, 801. 00
15d S Broadway # 150 Traffic Signal Completed 10- 2Q21
Turlock, Ca 95380
209} 66$- 5599 Randy Jones
Saybrook GVP & Stanford 448, 366. 04
303 Twin Dolphins Dr 600 Traffic Signal Completed 9- 2021 Redwood City , Ca 94Qd5
b50) 632- 4522 Jeff Wilson/ Ben Navarro
All projects above were completed on time with no liquated damages, claims, lawsuits or stop notices
rescilla Gastelum
Corporate Secretary
l1 2.Y
Date
9796 Kent Street
Elk Grove, Ca 9Sb24
916- 686- 2800
319
s c rro v an oa
STItEE' 1' LIGIlTS i OR LOl' ISE:: i!'F.!. A\ I35C,lPE BI[) PROPOS;\ L FOIL\ 15 CIP GC 2l- IS
LIST C1F SUBCONTRACTORS:

The Bidder shall list below the name and business address of each subcantractor wha vill perform work under this Bid in excess of one- half ofone percent af the Cantractar' s Total Bid Price, and shall also list the partion of the WORK which will be done by such subcontractar, in accordance with Section 4107 aF the Public Contract Code. A ter the opening of bids, na changes ar substitutians wiil be aJlowed except as otherwise provided by law. The listing of mare than one subcontractor far each item af wark ro be perFormed ti ith the words" and/ or" will nat be perrnitted.

Failure to compiy with this requirement may render the Bid non- responsive and may cause its rejection. Should the Cuntractor provide a bid that does not require a subcontractor, the Contractor shall note that on this page by writing" Not Applicable" in the list belotiv.

Subcontractor
License Percent of
Work to be Performed Number Totai Contract SubcontrActar' s NAme& Address

1. 2.

3. 4.

S.
b.

Note: Attach additional sheets if required.
00300- 4
320
S£ C' CION 0030U
STREETi.IG11TS FOR LOl' ISE R VE. LAlYDSCr PE BID PROPOSr\ L FOR iS CIP GG 21- IS

ADDENDA
Bidder certiRes he reviewed ARC Stockton' s website for addenda within 48 hours of bid apenin and acknowledges receipt of the foilowing addendum( addenda):
i
Respectfully submitted,
Tim Paxin' s Pacific Excavation, fnc.

Y, , dba Pacific Excavation
Dated Legal Name of Firm
ignature ofAuthorized R presentative
e r.r.--
seal)
If Bidder is a corporation, show State in which incorporated.} California
The full names and post office addresses of aIl persons and parties iaterested in the foregoing Bid as principals are as Follows:

NOTiCE): Give first and last names in full; in case of corpo atian, give names of President, Secretary, Treasurer, and Manager, and in case af partnerships and joint ventures, give names and Post Office addresses of all the individual members,
Tim Paxin President Elk Grove, CA. 95624
Jim Paxin V. P. Elk Grove, CA. 95624
Prescilla Gastelum Corp Secretary Elk Grove. CA. 45624
ao ao- s
321
SECTION Q0300
STREETL( GHTS FOR LOUISE AVE. LANDSCAPE SID PROPO5AL FORMS Cl' GG 21- IS

BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS:

T Tim Paxin' s Pacific Excavation, inc.

P,,, d Great American lnsurance Company
as SURETY are held; and firmly bond unto the City of Lathrop in the penal sum of TEN PERCENT ( 10°/ a) QF T'HE TOTAL AMOUN' T OF T BID of the Principal above named, submitted by the Principal to the City of Lathrop for the work described betow, for the payment ofwhich sucn in lawfi l money ofthe United States, well and truly to be made to the City ofLathrop to which the bid was submitted, we bind ourselves, oun c irs, executors, administratars and successors, joindy and severally, firmly by tbose presents. In no case shall the liability of the surety hereunder cxceed the sum of$ a
THE CUNDITION OF THIS 4BLIGATION IS SUCH,
THAT, WHEREAS, the Principal has submitted the above mentioned bid to the City of Lathrop for certain construction specificalty described as fattows, for which bids are to b opeaed at the City Hall, 390 Towne Centre Drive, Lathmp, CA:

STREETLIGHTS FOR LOUISE AVE. LANDSCAPE IMPROVEMENTS, CIP GG 21- 15 NOW, THEREFORE, if the Principat is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are p esented to him for signature enters into a written eontract in the prescribed focm, in accordance with the bid, end files two bonds with the City, one to guarantee f ithful perfocmance, and the other to guarantee payment for labor and materials as required by law, thcn tbis obligation shall bc null and void; otberwise, it shalt be and rernain in full force.

IN WITNESS WHEREOF, we have hereunto set•our hands and seals on this 6 day
Of_ Au9• aa?
Tim Paxin' s Pacific Excavation, Inc.
5 r
merican insurance Company 5}
i
C e !. GC I3`-{$ eel) cw..-_ t;.,` t"":")
o-na. cr.e.

Address: s7ss Kent street, ik Grove, CA 95fi24 Ad s D. Einerson, Attorney- in- Fact 301 E 4th Street Cincinnati, OH 45202
00300- 6
322

ACKNOWLEDGMENT
A notary public ar othar officer campleting this
certificate verifies only the identity of the individual who signed the document to wi ich this certificate is
attached, and not the truthfulness, accuracy, or
vaiidi of that dacument.

State of Califomia
Caunry of Saaamento
On August 16, 2022 before me, Gail C. Einerson, Notary Public insert name and title of the officer)
personally appeared ames D. Einerson, Attorney- in- Fact who prav d to me on the basis o# satisfactory evidence to be the person j whose name is1 subscribed to the within instrument and acknowledged to me that he!/ lM y executed the same in hisliwF/ r authorized capacity( i), and that by his/ l Nl k signature{ on the instnament the pe son, or the entity upon behalf o# which the person acted, executed the instrument. t certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
r GAII C. EIIVERSON
WITNESS my hand and official sea1.
y .
0ARMUblIC? CAtFORNiA

SACRAMENTO COUIVTY
C4MM. EXPIRES APR. Sr 2Q24
Signature Seal)
323

GREAT AMERICAN INSURANCE COMPANY
Administrative Olftce: 301 E 4TH STREET • CINCINNATI, OEilO 45202 • 513- 389- 5000 FAX 513- 723- 27A0 The number of persons authorized by
this power of attorney is not more than THREE
h1o. 0 14fi& Q

POWER OFA'PTQRN Y
KNd W ALL MEN BYTHESE PRESENTS:' llmt the GREATAMERICAN INSURANCE COMPANY, a cocporation organizcd and cxisting under and by virtue of the luws of tt o Stato of Ohio, does hereby nominate, constitute nnd nppoint the parsfln or persans numed below, ench individually iFmore thnn one is named, iu tnre und lawful anomey- in- fnct, for it und in its name, place and stead to exeeute on behalf ofthe said Company, as surety, nny and nU bonds, undenakings ood contracts oi suretyship, or other written obtigations in the nnturc thereoC: ptovided that the lu+bility of the said Company on any such bond, underinking or conuact of suretyship exccuted undcr this uuthonry shull not exceed the limit stnted belows Nume Address Limit of Power
JAMES D. EINERSON ALL OF ALL
GAIL C. EINERSON GOLb R1VER, CAUFORNIA 5100, 000, 000

MICNELIE FURNO
This Pawer ofAttorney revokes a1t previous powecs issued on beholEof il e uttorney( s)• in• fnct nnmtd above.

N WI7NESS WHEREOF ihe GREATAMERICAN INSURANCE COMPANY has cuused these presrnts to bo signed nnd uttested by rts upproprinte oflicers nnd iu cocporate scnl hereunto affixed this 2N0 duy of DECEMBER 2020 Attest GREATAMERICAN[ iVSU NCECdMPAN
a, .",,.
f' ri l/
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AssiNant Scfirrmry D'nLrlawl Senbr 4i[ c Prr.tfdene
STATE OF OHIO, COUIVTY OF HAMfLTON- ss- neaaKvrcnH o en- azi- 2eas On this 2N aAy or aECEMBER 2420 , before me personnlly uppeareii MARK V1CARl0, to me known, bein duly sworn, deposes nnd says thas he resides in Cincinnati, Ohio, thnt he is n pivisionnl Senior Vice President of the F3ond Division of C,reat Americnn Insurance Campany, the Company described in and which exccuted the above instrument; that he l: nows the seai ofthe snid Compuny; that 1he seal afTixed to the snid inswment is such co porate sea1, thnt it was so atTixed by authority of his otTice under the By-[. aws of snid Company, nnd that he signed his nume thereto by like nuthority,
SUSAtI A K04i0RST
i '^ Notary Publ{ c
Stats o10Mo
Gri- ` Cp-/// JAy talnm. E Ira
L
A1ty t d, 20?S
This Aower ofAttorney is grnnted by authority oFthe following resolutions ndopted by the Board of Directors otGrent Americun Insurnrsce Company by unanimous writtea consent dated June 9, 2Q08.

RESOLYED: That the Dfvlsioaa! Presldenl, 1he severa! DA isionat Senior Vice Prrsidenfs, Divrsiona! Yce Presidents and Divisona! Assisrarsr ce Presidenls, or any one ojlhem, be and hereby is aufhorr_ed,jrom lime to inre, fo appoinl oae ar more Attorneys- in-Foct lo erecufe on behalJvfthe Company; as suteg; any ond all bonds, undertakings ond contracls ojsuretyship, or olher wrilren oblrgarions in Jhr nnture Ihemof 1a presCribe their rnspective dulies and rhe respeclrve limits oflheir aulhoriry. and 10 mvoke ony such appoinlment at arry rime.

RESOLYED FURTHER: That the Compam seal and Ihe signarurp oJany of!he ajoresard officers and a ry Setretary ar issrsranr Secretary ojthe Canrparry may bt afftxed b} jauinrile ta arry paN•er ojatlorney or cer cate ofeuher given for 1he exe.auton of a ry bond.: ndertaking. contract ojsr rerysJup, or orher written ablrgution in the naturn rhereof, such signuturr and seal when so used being lterrby adopfed 6y 1he Compvny as the oreginal signatu r ojsuxh offrcer und 1he origirru! srnl aJ hr Comparry, to be vaLd aed 6inding apan the Con pair} ruh the samejarre and t,(Ject as though maxuafly afftxrd.

C ERTIFiCAT10N
STEPHEN C. BERAHA, Assistnnt Secretnry of Great Americnn insurnnce Company, do hereby certify thnt the forogoing Pow+ r of Attorney and the Resolutions o( the Boord of Directors of Junc 9, 2008 hove not been revoked nnd nre now in full force and efTect, Signed and senled this b
day of August 2022 ,
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An[ rranl Sccrerary
5t029AM( GClt2q
324
SECTION Q0300
S' 1' RE TLiC11TS FUR LOl° ISE j 1` E. L# NDSC. PE R1D PROPOS, IL FOR, tS CIP GC 21-[ 5
NOTE: Signatures of those executing for the surety must be properly acknowledged.

NONCOLLU5I4N AFFIDAVIT
STATE OF C ti FQm G
5S.

COUNTY OF GC,- ti21
being first duly sworn, deposes and says that he or she is Tim Paxin' s Pacific Excavation, [ nc. dba
0 of Pacific Excavation the party making the foregoing bid that the bid is not made n ths interest of, or on behalF of, any undisclosed person, partnership, company, assaciation, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or salicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or ofthat of any other bidder, or to secure any advantage against the public body awarding the contract of anyone intecested in the proposed contract; that al! statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, ar divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associated, arganization, bid depositary, ar to any member or agent thereof to effectuate a collusive or sham bid. tgnature of: President, Secretary*
Manager, Project Manager or Representative
The County of
State of
Subscribed and sworn to( e before me
Q
an this day of 20 , by
c
proved to
me on the basisJ satisfactory evidence to be the
person( s) wh appeared before me.

Seal
ignature
00300- 7
325
CALI ORNIA JURAT Wl7H AFFIANT STATEMENT GtaVERNMENT CODE§ 8202 V...,.,.......,.,.,.....,...............,...,..........,..., f See Attached Document ( Notary to cross out lines 1- 6 beEow} SeeStatementBelowtLinesl- 6tobecampletedonlybydacumentsigner[ s], nof K
Signature of Document Signer Na. 1 Signature af Document Signer No. 2( if any) a A notary public or other officer tompleting this certifitate verifies only the identiry of the individual who signed the 3 documenttowhichthiscertificateisattached, andnotthetruthfulness, accuracy, orvalidiryafthatdocument.

State ofCalifornia Subscribed and . wm n ta ( or affirmed) before County af Sacramenio
on this 30th day oF Auqust 2p,
by Date Manth Year

PRESCILLA GASTELUM
jand ( 2)
NameFaj' of Signer{ sj
i', proved to me an the basis of satisfactory
MICHELLE 1,. PEREIRA to be the personf' wha appeared before me.

Natery Public GlHornia
S u minta{ BU ty
Commissfan M 230736p r +" "
My Comm. Eapfres Oct 27, 2023 i CldtUr t
Signafur of Notary Pu6lic
Seat
Piace Natary Seat Above

OPTIONA
Though this sectian is opfional, compfetrng thrs in(ormatron can deter alteration of the document or frauduterrt reattachment of[ his form to an unintended documen Descriptian of Attached Document
Title or Type of Document: Document Date;
Number af Pages; s) OkherThan NamedAbove_
s.._.,..._..:.._.._.,_..,. s,..,.,,.,.,,....,.,..,,.,.._...,,._,,.,....__..._., rw OZ414 National NotaryAssociation • www. NatianalNoiary. org • 1- 840- 1JS NoTARY( 1- 80Q$ 76•6827} Item 326
SECTION 04300
S' 1' F2EL'fLICtITS F"OR LOR`ISE.` E;. 1.. 1hpSC; 1P I3I0 PRnPOS: L TOIi IS CIP CC 21- 1i
PUBLIC CONTRACT CQDE SECTION 141b2 QUESTiONNAIRE
In accordance with Public Contract Code Section 1 Ol 62, the Bidder shall cornplete, under penalty af perjury, the foliowin questiannaire:

Has the Bidder, any afficer of the Bidder, or any emplayee of the Bidder, wha has a proprietary interest in the Bidder, ever been disquali ied, removed, or otherwise prevented fram bidding on, ar completing a federal, state, or local overnment project because af a violation of law or a safety regulatian? Yes Na J
If the answer is yes, explain the circumstances in the folEowin space. r--",.
y
PUBLIC CONTRACT SECTIQN 10232 STATEMENT
n accordance with Public Cantract Code Section 1 Q232, the Cantractor hereby states under pena[ ty af perjury, that no more than one final unappealabie finding of cantempt af court by a federal court has been issued a ainst the Cantractor within the immediatelyr preceding two year period because of the Contractor' s failure to comply with an order of a federal caurt which arders the Contractor ta camply with an order af the National Labor Relations Board.

NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this proposal on the signature portian thereof shall also canstitute signature of this 5tatement and Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

END OF SECTION)
003fl0- 8
327
328
ITEM 4. 18

CITY MANAGER' S REPORT
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF PROFESSIONAL SERVICES
AGREEMENT WITH DELL' OSSO FARMS, LLC. TO

PROVIDE LAW ENFORCEMENT SERVICES FOR THE
PUMPKIN MAZE EVENT ON OCTOBER 1, 2022
THROUGH OCTOBER 31, 2022
RECOMMENDATION: Adopt Resolution Approving Professional Services Agreement with Dell' Osso Farms, LLC. to Provide
Law Enforcement Services for the Pumpkin Maze
Event on October 1, 2022 through October 31, 2022
SUMMARY:

Dell' Osso Farms ( Dell' Osso) holds an annual Pumpkin Maze event during the month of October and has requested law enforcement services from the City of Lathrop Police Department ( LPD) for their event security. Dell' Osso has requested a total of 250 hours for the duration of the event that will be held from October 1, 2022 through October 31, 2022. LPD is able to provide the requested overtime hours for the Pumpkin Maze event. Dell' Osso has further agreed to pay the cost of additional law enforcement services should circumstances require additional hours or mutual aid from other agencies to restore or secure public safety at the event.

Staff recommends City Council approve the agreement to authorize LPD to provide law enforcement services for the Pumpkin Maze event for the period of October 1, 2022 through October 31, 2022.

BACKGROUND:

Dell' Osso Farms holds an annual Pumpkin Maze event during the month of October that attracts thousands of attendees from the City of Lathrop and the surrounding areas. In previous years, Dell' Osso has contracted with the San Joaquin County Sheriff's Office to provide law enforcement services. On June 29, 2022, the Lathrop Police Department took over law enforcement services from the Sheriff' s Office for the City of Lathrop. Dell' Osso has requested LPD to provide the police services for their annual event this year, and LPD is able to provide the requested hours for the Pumpkin Maze event.

The Pumpkin Maze event is scheduled from October 1, 2022 through October 31, 2022. Dell' Osso has requested a total of 250 hours for the duration of the event.

Police Officers will work from a schedule with ( 18) eight- hour shifts and ( 8) six- hour shifts for a total of 192 hours, and Sergeants will work from a schedule with ( 5) eighthour shifts and ( 3) six- hour shifts for a total of 58 hours. Police Officers and Sergeants will work on a voluntary and rotational basis. Officers working the event will do so outside of their regularly assigned work schedule.
329
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING

APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DELL' OSSO FARMS, LLC. TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE PUMPKIN MAZE EVENT ON OCTOBER 1, 2022 THROUGH OCTOBER 31, 2022
Dell' Osso further agrees to pay the cost of additional law enforcement services should circumstances require a mutual aid request from other City, County, or State agencies in order to restore or secure public safety at the event.

REASON FOR RECOMMENDATION:

In previous years, the Sheriff' s Department has provided law enforcement services to Dell' Osso for their annual event. LPD is able to provide the services requested and Dell' Osso has agreed to pay the overtime rate to cover the costs of sworn personnel.

Staff recommends Council approve the agreement to allow LPD to provide law enforcement services for the Pumpkin Maze event.

FISCAL IMPACT:

Overtime for the event is estimated at $ 27, 196. 70. At the conclusion of the event, the City will invoice Dell' Osso for the cost of providing law enforcement services.

Should circumstances arise requiring more hours than what was scheduled or mutual aid from other agencies was needed, Dell' Osso will be responsible for reimbursement of the actual hours worked and costs for mutual aid. There is no fiscal impact to the City for this agreement, however, the budget adjustment below is required to reflect the increase in revenue for staff time:

Increase Revenue: 1010- 4030- 341- 01- 01 ( Current Service Charges) $ 27, 200 Increase Expense: 1010- 4030- 410- 13- 00 ( Overtime) $ 27, 200 ATTACHMENTS:

A. Resolution Approving Professional Services Agreement with Dell' Osso Farms, LLC. to Provide Law Enforcement Services for the Pumpkin Maze Event on October 1, 2022 through October 31, 2022
B. Professional Services Agreement with Dell' Osso Farms, LLC. to Provide Law Enforcement Services for the Pumpkin Maze Event on October 1, 2022 through October 31, 2022
330
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING

APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DELL' OSSO FARMS, LLC. TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE PUMPKIN MAZE EVENT ON OCTOBER 1, 2022 THROUGH OCTOBER 31, 2022
APPROVALS:
g zL
Raymond Bechler Dat
Chief of Police
Cari Ja Date
Finance D rector
ZO Lz
Salvador Navarrete Date
City Attorney
C- cr I • 7• Zo2Z
Stephen J. Salv Date
City Manager
331
RESOLUTION NO. 22 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING PROFESSIONAL SERVICES AGREEMENT WITH DELL' OSSO FARMS, LLC. TO PROVIDE LAW ENFORCEMENT SERVICES FOR THE PUMPKIN MAZE EVENT ON OCTOBER 1, 2022 THROUGH OCTOBER 31, 2022
WHEREAS, Dell' Osso Farms, LLC. holds an annual Pumpkin Maze event during the month of October that attracts thousands of attendees from the City of Lathrop and the surrounding areas; and
WHEREAS, in previous years, Dell' Osso has contracted with the San Joaquin County Sheriff' s Office to provide law enforcement services; and WHEREAS, on June 29, 2022, the Lathrop Police Department took over law enforcement services from the Sheriff' s Office for the City of Lathrop; and WHEREAS, Dell' Osso has requested LPD provide the police services for their annual event this year, and LPD is able to provide the requested hours for the Pumpkin Maze event; and
WHEREAS, the Pumpkin Maze event is scheduled from October 1, 2022 through October 31, 2022; and
WHEREAS, Dell' Osso has requested a total of 250 hours for the event. Police Officers will work from a schedule with ( 18) eight- hour shifts and ( 8) six- hour shifts for a total of 192 hours, and Sergeants will work from a schedule with ( 5) eight- hour shifts and ( 3) six- hour shifts for a total of 58 hours. Police Officers and Sergeants will work on a voluntary and rotational basis. Officers working the event will do so outside of their regularly assigned work schedule; and
WHEREAS, Dell' Osso further agrees to pay the cost of additional law enforcement services should circumstances require a mutual aid request from other City, County, or State agencies in order to restore or secure public safety at the event; and
WHEREAS, overtime for the event is estimated at $ 27, 196. 70. There is no fiscal impact to the City for this agreement, however, the budget adjustment below is required to reflect the increase in revenue for staff time:

Increase Revenue: 1010- 4030- 341- 01- 01 ( Current Service Charges) $ 27, 200 Increase Expense: 1010- 4030- 410- 13- 00 ( Overtime) $ 27, 200 NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the agreement with Dell' Osso Farms, LLC. to provide law enforcement services for the Pumpkin Maze event on October 1, 2022 through October 31, 2022.
332
The foregoing resolution was passed and adopted this 12t" day of September 2022, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 333
Attachment B

CITY OF LATHROP
PROFESSIONAL SERVICES AGREEMENT TO PROVIDE DELL' OSSO FARMS, LLC.

LAW ENFORCEMENT SERVICES FOR THE PUMPKIN MAZE EVENT OCTOBER 1, 2022 THROUGH OCTOBER 31, 2022
THIS AGREEMENT for law enforcement services to DELL' OSSO FARMS, LLC. for the PUMPKIN MAZE event( hereinafter" EVENT"), dated for convenience this day of September is by and between Dell' Osso Farms, LLC., a separate and distinct entity( hereinafter" DELL' OSSO FARMS") and the City of Lathrop, a California municipal corporation( hereinafter" CITY"). The CITY and DELL' OSSO FARMS may be referred to herein as" Party" or collectively as" Parties".

RECITALS:

WHEREAS, DELL' OSSO FARMS requests the CITY to provide law enforcement security services for its EVENT; and
WHEREAS, the CITY desires to accommodate DELL' OSSO FARMS request and has no objections to providing law enforcement security services for the EVENT as allowed by Government Code 53069. 8 and reserves the right to terminate EVENT for the purposes of public safety; and WHEREAS, any costs associated with work hours pursuant to this AGREEMENT wherein Officers or Sergeants worked at the EVENT shall be paid for by DELL' OSSO FARMS at the rate indicated in the estimated cost schedule below.

NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions in this Agreement, DELL' OSSO FARMS and the CITY agree as follows:

AGREEMENT
1) Scoue of Service
CITY's assigned police officers shall provide law enforcement security services to DELL' OSSO FARMS EVENT in accordance with the terms and conditions contained in this Agreement.

A. Each police officer shall be the CITY' s employee and shall be subject to the CITY' s administration, supervision, and control.

B. DELL' OSSO FARMS agrees to the estimated costs for law enforcement security provided by the Lathrop Police Department.

C. The estimated costs is based on the understanding that CITY shall assign Police Officers and Sergeants to cover the EVENT on each requested day on a rotational basis. Police Officer( s) will work from a schedule with a total of 192 hours, and Sergeant( s) will work from a schedule with a total of 58 hours. Attached is Exhibit A" ofthe shifts and hours requested by DELL' OSSO FARMS.

D. The CITY shall be entitled to a reimbursement should circumstances arise requiring more hours/ and or personnel and the estimated cost would be adjusted accordingly.